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06/07/1990 CITY COMMISSION MEETING June 7, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 7, 1990 at 6:OO p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Anthony Stratis of the Greek Orthodox Church of the Holy Trinity. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards - None. IV - Introductions and Awards. Three Sanitation Division Employees were presented with awards from the Governmental Refuse Collectors and Disposal Truck Rodeo. They will represent the City at the International Finals to be held in Vancouver, Canada on August 20, 1990. V - Presentations Howard Groth, Clearwater Housing Authority Chairman, presented a check to the City in lieu of taxes. VI - Minutes of the Regular Meeting of May 17, 1990. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of May 17, 1990, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda - None. VIII - PUBLIC HEARINGS ITEM #9 - Appeal of City Manager's decision to uphold the denial of an occupational license to Mr. Terence Quinn for marketing of time shares (CM) Mr. Quinn requested this item be continued as he was unable to attend. Commissioner Regulski moved to continue this item to the next regular meeting of June 21, 1990. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ordinance #4996-90 - Vacating the north-south 5 foot utility easement, Mandalay Sub., lying W of the E lot line per plat of Lots 2-6 (Taylor V90-4)(PW) The applicant is proposing to add a family room to her existing home. The subdivision plat dedicates a 5 foot utility easement across the back of each lot. Several homes on the lots abutting the applicant's lot also encroach into the easement. According to City atlases, there are no utilities within the easement. The Engineering Division has no objections to the applicant's request and suggests that the easement crossing Lots 2-4 and Lot 6 be included with this request for Lot 5. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Regulski moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4996-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4996-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Berfield, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #11 - Variance to the Minimum Separation Distance Requirements for Sale of Alcoholic Beverages for "Sand Key Package Liquors" located at 1261 Gulf Blvd., Radisson Bayside Hotel, Lot 1 (Petrarca AB90-03)(PLD) This variance is required due to the establishment's proximity to a 2-APS (beer and wine) package sales operation at the existing Sand Key Market. The subject variance involves a state beverage license designation of 3-PS (beer, wine and liquor) package sales. For the purpose of administering the separation requirement where two or more PS-licensed establishments are located on the same property, the separation has been considered to be zero. The proposed establishment will consist of a 900 square foot package liquor store with proposed hours of operation from 10:00 a.m. to 9:00 p.m. Monday through Saturday, closed Sundays. There will be no deliveries between the hours of 10:00 p.m. and 6:00 a.m. on any day of the week. The establishments selling alcoholic beverages within 300 feet of the subject property are Cha-Cha Coconuts, Columbia Restaurant and Sand Key Market. Harry Cline, attorney representing the applicant, stated the Sand Key Market sells beer and wine only in connection with its convenience store. He indicated the lease agreement allows for only one package facility in this center. The operation will handle only off-premise package sales and 15 percent of the floor area will be occupied by beer and wine imports. Mr. Cline felt, as this is the only retail/commercial establishment on Sand Key, the community would not be adversely impacted. In response to questions, it was indicated this is the only retail space available on Sand Key with the exception of space in the existing hotels where alcohol is permitted to be sold. Commissioner Nunamaker moved to approve a variance of 200 feet to allow alcoholic beverage sales within zero feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #12 - (Continued from 5/3/90 & 5/17/90) Public Hearing & First Reading Ordinance #4979-90 - Rezoning Loehmann's Plaza, Lot 1 and 2, (19.851 acres) located at the NW corner of the intersection of US 19 and NE Coachman Rd., Sec. 6-29-16 and Sec. 7-29-16 from Commercial Center (CC) to Commercial Planned Development (CPD) and review of Master Site Plan. (Principal Life/Taheri/Brandon Nu-West Z90-1)(PLD) It was requested this item be withdrawn due to Principal Mutual Life Insurance Company, owner of Lot 1, withdrawing as a participant in the application. Commissioner Regulski moved to accept withdrawal of this item. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ordinances #4984-90, #4985-90 & #4986-90 - Annexation, Land Use Plan Amendment to Residential/Office, and Limited Office Zoning for property (.2 acres) located on the SE side of S.R. 580, opposite Countryside High School, approximately 475' NE of Charles Ave., Ackers Sub., Blk 2, Lot 8 (Doerner LUP90-7, A90-6)(PLD) The property is currently vacant but a dental office is proposed. The owner is requesting annexation to receive City sewer service. The City does not have gravity sanitary sewers within this subdivision. Four of the property owners, including this owner, have paid to install a private force main which connects to the City sewer system. The right-of-way for S.R. 580 is 110 feet. The State Department of Transportation (FDOT) will be acquiring additional land for right-of-way as S.R. 580 is scheduled to be widened to a six-lane divided highway. It is suggested that the abutting right-of-way of S.R. 580 be included with this annexation. On April 5, 1990, the Commission approved a letter to Pinellas County saying the City will provide sewer service for the property to enable the owner to initiate construction prior to the finalization of the annexation. The proposed site plan does not conform to the Development Code in regard to parking, front yard open space, rear setback and it exceeds the permitted floor area ratio. James Polatty, Planning & Development Director, stated the Planning & Zoning Board voted to deny this request on June 5, 1990, due to the number of nonconformities. It was stated the subject request was essentially approved when the sewer availability letter was issued and it was indicated action has been taken to ensure this does not occur again. Commissioner Regulski moved to approve the request on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4984-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4984-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4985-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4985-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4986-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4986-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Discussion ensued regarding the Commission's policy of not annexing properties not conforming to code. James Polatty, Planning & Development Director, stated the County has stopped issuing permits for septic tanks and is referring these requests to the City. He indicated there is a need for an interlocal agreement with the County. He stated he heard the County was planning to sue the City for its policy requiring annexation in order to obtain sewer service. Discussion ensued in regard to the County's and the City's land use plans, and it was indicated there are 75 differences between the two. The City Attorney indicated a public hearing is now required before governmental agencies can file a lawsuit against each other. ITEM #14 - Public Hearing & First Reading Ordinances #4987-90, #4988-90 & #4989-90 - Annexation, Land Use Plan Amendment to Low Density Residential, and RS-8 Zoning for property (.16 acres) located at 1457 Otten St., Terra Alto Estates, Lot 7 (Lobil Building Co. LUP90-8, A90-7)(PLD) The currently vacant parcel is proposed to be developed with a single family residence. The request is being made to obtain City sewer service, which is available in an easement at the rear of the lot. Commissioner Regulski moved to approve the request on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4987-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4987-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4988-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4988- 90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4989-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4989-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Public Hearing & First Reading Ordinances #4990-90, #4991-90 & #4992-90 - Annexation, Land Use Plan Amendment to Low Density Residential, and RS-8 Zoning for property (.27 acres) located on W side of Norwood Ave., approximately 575' S of Jeffords St., Oak Acres Addition, Unit 1, Blk F, Lot 8 (Bachman LUP90-9, A90-8)(PLD) The property is presently developed with a single family residence. The applicant is seeking annexation to receive City sewer service, which is available at the rear of the lot. Commissioner Regulski moved to approve the request on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4990-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4990-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4991-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4991-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4992-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4992-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #16 - Ordinance #4970-90 - Amending land use plan to change designation for property annexed in Ordinance #4972-90 to Low Density Residential, Lame Survey, Tract C (Ciulla/Condino LUP90-5) The City Attorney presented Ordinance #4970-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4970-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Ordinance #4971-90 - Zoning property annexed in Ordinance #4972-90 as Single-Family Residential (RS-6), Lame Survey, Tract C (Ciulla/Condino A90-3) The City Attorney presented Ordinance #4971-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4971-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #18 - Ordinance #4972-90 - Annexing property on W side of Bayview Ave. approximately 400' S of Gulf to Bay Blvd., Lame Survey, Tract C (Ciulla/Condino A90-3) The City Attorney presented Ordinance #4972-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4972-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #19 - Ordinance #4973-90 - Amending land use plan to change designation for property annexed in Ordinance #4975-90 to Low Density Residential for Parcels 1 & 2, Scotia Hts Sub, Blk B Lots 8-11 and Lots 46-49 (Wilkes LUP90-4) The City Attorney presented Ordinance #4973-90 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance #4973-90 in Section 3, in line 2, by putting a period after "4975-90" and deleting the remainder of the sentence. The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to pass and adopt Ordinance #4973-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #20 - Ordinance #4974-90 - Zoning property annexed in Ordinance #4975-90 as Single-Family Residential (RS-8) for Parcels 1 & 2, Scotia Hts Sub, Blk B, Lots 8-11 and Lots 46-49 (Wilkes A90-4) The City Attorney presented Ordinance #4974-90 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance #4975-90 in Section 4, in line 2, by putting a period after "4975-90" and deleting the remainder of the sentence. Commissioner Nunamaker moved to pass and adopt Ordinance #4974-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #21 - Ordinance #4975-90 - Annexing property between Highland Ave. and Braund St. approximately 475' S of Nursery Rd., Scotia Hts Sub., Blk B, Lots 8-11 (Parcel 1) and Lots 46-49 (Parcel 2)(Wilkes A90-4) The City Attorney presented Ordinance #4975-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4975-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #22 - Ordinance #4976-90 - Amending land use plan to change designation for property annexed in Ordinance #4978-90 to Industrial, Clearwater Industrial Park, part of Lot 11 (Capel Properties LUP90-6) The City Attorney presented Ordinance #4976-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4976-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #23 - Ordinance #4977-90 - Zoning property annexed in Ordinance #4978-90 as Limited Industrial (IL), Clearwater Industrial Park, part of Lot 11 (Capel Properties A90-5) The City Attorney presented Ordinance #4977-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4977-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #24 - Ordinance #4978-90 - Annexing property on N side of Calumet St., approximately 170' W of Belcher Rd., Clearwater Industrial Park, portion of Lot 11 (Capel Properties A90-5) The City Attorney presented Ordinance #4978-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4978-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #25 - Ordinance #4993-90 - Amending Sec. 50.05(c)(3) relating to Wastewater Impact Fees. The City Attorney presented Ordinance #4993-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4993-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #26 - Ordinance #4994-90 - Amending Sec. 50.05(c)(1) relating to Water Impact Fees. The City Attorney presented Ordinance #4994-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4994-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #27-50) - Approved as submitted (less Items #29, #30, #37 and #43). Agreements - Approved less Items #29 and #30. ITEM #27 - Indemnity Agreement by and between the City, Barnett Bank of Pinellas County and The Times Publishing Company regarding the 1990 Good Life Celebration and Games (PR) ITEM #28 - Agreement with the Greenwood Panthers Culture and Sports Organization, Inc. to renovate an existing City building into a concession building at no cost to the City and to use this building along with a pressbox/storage building at Phillip Jones Park. (PR) ITEM #29 - See page 12. ITEM #30 - See page 13. Bids & Contracts - Awarded less Item #37. ITEM #31 - Purchase an automatic call distributor for Utilities Customer Service from Executone Information Systems for $19,283.02 (AS) ITEM #32 - Purchase four Economy Utility Jeep Cherokee (4x4) Vehicles from Jim Peyton Motors, Brooksville, FL using State Contract No. 070-001-90-1 for $69,643.40, financing to be provided under the City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #33 - Purchase five Ingersoll-Rand Portable Air Compressors from Air Centers of Florida, Inc., Tampa, FL for $53,030.00 financing to be provided under the City's Master Lease Purchase Agreement with AT&T Credit Corp.(GS) ITEM #34 - Purchase and Installation of Playground Equipment for Morningside Recreation Complex from Miracle Recreation Equipment Company for $15,842.00 (PR) ITEM #35 - Award the East Advanced Pollution Control Facility South Interceptor Rehabilitation - Phase II Project to Westra Construction Corp., Palmetto, FL for $1,387,726.05 (PW) ITEM #36 - Hydrogen Peroxide for the second year of a five year contract for hydrogen sulfide control to Peroxidation System Inc., Orlando, FL for the annual cost of $322,612.00 (PW) ITEM #37 - See page 13. ITEM #38 - Purchase of land and improvements legally described as Overbrook Sub., Blk 2, Lots 5-12, with a street address of 1344 Cleveland St., from Dennis M. and Linda W. Peinsipp for $180,000.00 (PW) Citizens & Staff Requests - Approved. ITEM #39 - Clearwater's representative on the Pinellas County Industry Council - Oliver Woodruff for a two year term from May 6, 1990 - May 6, 1992 - Reappointment (CLK) ITEM #40 - 1990 Pinellas County Marketing Program - Pinellas Economic Development Council, City of Clearwater's share of marketing costs, $10,000.00 (CM) Change Orders - Approved less Item #43. ITEM #41 - C.O.#2 to the contract for the East Advanced Pollution Control Facility, increasing the amount by $10,223.00 for a total cost of $13,921,436.00 (PW) ITEM #42 - C.O.#3 to the contract for the Northeast Advanced Pollution Control Facility, increasing the amount by $131,921.00 for a total cost of $18,775,392.00 (PW) ITEM #43 - See page 15. Plans & Plats - Approved. ITEM #44 - Preliminary Site Plan - Belpark 99 Unit Condo on Island Estates, (3.89 gross acres) located at 670 Island Way, N of Diamond Isle Condo, M&B 31.011 (Belpark Holdings, Inc. PSP90-08)(PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the official record and page(s) number(s) of the recorded easement for the joint point of access with the development to the north shall be provided on the site plan prior to certification; 2) as one of the adjacent condo owners is concerned about the relocation of the existing meter box for the adjacent marina, this item should be addressed at the time of submittal of the final site plan for review by the D.R.C.; 3) the requisite open space and recreation fees shall be paid prior to certification of the site plan; and 4) signs and fencing/walls are subject to separate review and permitting processes. CITY ATTORNEY Agreements, Deeds & Easements - Approved. ITEM #45 - 20' Sanitary Sewer Easement - Sec. 33-28-16 (Andros Corp.) ITEM #46 - 15' Water Easement - Sec. 12-29-15 (NUS Corp.) ITEM #47 - 10' Water Main Easement and Ingress and Egress Easement - Hibiscus Gardens, Blk Z, Lots 4-14, Blk W, Lot 1 and Lots 12-18 (Florida VOA Elderly Housing, Inc.) ITEM #48 - 68' Drainage Easement - Hibiscus Gardens, Blk W, Lot 12 (Florida VOA Elderly Housing, Inc.) ITEM #49 - 20' Drainage Easement and Maintenance Easement - Maryland Sub., Blk 6, Lot 16 (Golomb & Burns Realty, Inc.) ITEM #50 - Drainage Easement - Canterbury Heights Sub., portion of Lot 16 (Stone) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #29, #30, #37 and #40, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Amended agreement between the City and the Pinellas Suncoast Transit Authority for operation of the Beach Trolley with an expanded schedule at a cost of $44,000 (PW) Earlier this year the Commission approved expansion of the hours of operation of the Beach Trolley. The Trolley previously ran from 10:00 a.m. to 7:00 p.m. daily. The expanded hours increase the service to 10:00 p.m. Sunday through Thursday and to midnight Friday and Saturday. Although the service has been initiated based on announcement of the Commission's decision, it is necessary to amend the existing agreement to provide the expanded service. There is an important difference in the calculation of the cost of the service compared with the original agreement. The original service is partially subsidized but the expanded service is charged at full cost. This is due to the fact that all Urban Mass Transit Agency (UMTA) funds were committed in the FY 89/90 budget. When the City requested the expanded service, there was no matching money to apply to the service. Beginning October, 1990, there will be a uniform rate for the original service and expanded service. The City Manager stated it is hoped that federal dollars to be received in October will be sufficient to hold down costs. As a matter of clarification, it was indicated the trolley is paid for by the Pinellas Suncoast Transit Authority (PSTA) with the City paying to provide the free trolley service to citizens. A question was raised regarding whether or not the increased service is justified and Assistant City Manager Charles Hunsicker indicated there has been an increase in ridership in the three months the expanded service has been in effect. Discussion ensued in regard to charging a nominal fee of 10-25 cents for providing this service and it was the consensus of the Commission to discuss this issue during budget preparation. In response to a question, it was indicated the three-month period of increased service had been over Spring Break. Mr. Hunsicker stated the residents had asked that the service be expanded and it was indicated this expanded service is still in the experimental stages. Commissioner Fitzgerald moved to approve the amended agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #30 - Sub-Lease Agreement to the Emergency Housing Program of Religious Community Services, Inc. - portion of the Curtis Fundamental Clearwater Comprehensive School Complex located on the E side of Holt Avenue from June 8, 1990 to April 30, 1991 (PLD) The School Board of Pinellas County has leased property on the east side of Holt Avenue at the Curtis Fundamental Clearwater Comprehensive School Complex to the City since January, 1972. The current City/School Board lease agreement was approved by the City on April 19, 1990, and by the School Board on April 25. The City in turn makes this property available to the Emergency Housing Program, operated by Religious Community Services, Inc. (RCS). This program makes short term, emergency housing available to families and is a major element of the emergency shelter and food network in the community. There is no cost for this sub-lease to either the City or RCS. The terms of this sub-lease are not the same as the previous sub-lease. The term is reduced to one year, and the cost of $1.00 has been dropped. Permission for users of the school property to park on the leased premises is also included. The City Attorney requested that the sub-lease agreement be revised by adding the sentence "In addition, during the term of the lease, Lessee shall at Lessee's expense obtain and maintain insurance coverage conforming to the requirements in Exhibit "A" attached hereto.", as well as add an Exhibit A. Commissioner Regulski moved to approve the sub-lease as revised and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #37 - Purchase street sweeping services over a 3-year period (10/1/90 to 9/30/93) subject to annual fund availability, from C.P. Ward, Inc. for $373,200.00 (PW) This contract will extend the current program of joint City-private provision of sweeping services for three years. The program has proven to be very satisfactory since its conception five years ago. The contractor will sweep the Downtown commercial streets and parking lots twice each week; and the beach commercial streets and parking lots, and the Memorial Causeway three times each week. The City will continue, at this time, to sweep the mainland thoroughfares each week, and beach and mainland residential streets at a frequency varying with resource availability. The low bidder is Colgate Parking Lot Maintenance of New Port Richey. They have only one three yard sweeper at the present time and the owner is the only driver. If they are awarded the contract, another sweeper would reportedly be purchased. Colgate does not possess a transport, and the sweeper would be driven each time from New Port Richey to Clearwater which would require approximately an hour of driving time. They are reportedly seeking an area in Tarpon Springs to locate a yard. Colgate has no known experience in sweeping for a municipality. The next low bidder is C.P. Ward, Inc., which has had a branch office in Largo since 1981. They presently have nine sweepers in use in Rochester, New York. They propose to buy three sweepers to set up in Florida and will provide a minimum of two full time drivers. Their yard is approximately a 20 minute drive from the downtown commercial area. Presently, C.P. Ward also has a contract with the Town of Greece, New York to completely sweep the roadways and gutters. The City Manager stated this privatized service will be limited to the beach district and downtown commercial streets and causeway. He indicated more sweeping will be required with the implementation of storm water management. In response to a question, Public Works Director Bill Baker indicated thoroughfares are being swept on a regular basis; however, residential streets only as time allows. Discussion ensued in regard to what can be done about lawn mowing services and homeowners blowing or dumping debris into the storm sewers. It was indicated the public needs to be educated regarding storm water management. Discussion ensued regarding adopting an ordinance that would allow enforcement. A suggestion was made that a flyer be prepared for inclusion within utility bills as well a flyer being provided to the business owner with license requests or license renewals. Commissioner Nunamaker moved to award the contract to C.P. Ward and that the appropriate officials be authorized to execute the same. The motion was duly seconded and carried unanimously. Steve Colgate, representing Colgate Parking Lot Maintenance Inc. of New Port Richey, stated he was protesting the award of the bid to C.P. Ward. He was directed to follow administrative procedures in protesting this bid award. The award of the contract was contingent on the completion of the administration of the bid protest. ITEM #43 - C.O.#1 and final payment to the contract to Repair Pile Bent No. 34 of the Clearwater Pass Bridge, increasing the amount by $54,997.81 for a new total of $197,339.81 (PW) In September, 1989, it was determined the row of piles on Clearwater Pass Bridge known as Bent No. 34 would have to be repaired because of increasing instability. In the process of setting one of the pile clusters of the bridge, the last pile to be driven moved out of position after being driven approximately 150 feet. To ensure adequate support for the beam, an additional pile had to be driven in that pile cluster. This pile was driven approximately 160 linear feet into the bay bottom before the proper level of support, or bearing, was reached. Change Order No. 1 encompasses all of the costs and necessary actions attendant to the driving of this additional pile. This includes the piling itself, painting, additional jacks and shims, actions to raise the bridge and an attached force main, additional structure steel, paint, and traffic control; and an addition to the contract bond because of the extra work. The City Manager reported construction on the new bridge will not be completed until approximately 1997. He indicated the need to keep the present bridge safe and sound has resulted in some repairs. The repair of bent #34 has already been completed and paid for. In response to a question, Mr. Baker indicated approximately $2 million has been spent to keep the bridge open. Commissioner Fitzgerald moved to approve the requested change order and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #51 - Mid-year Budget Review (AS) The City Manager reported the amendments proposed keep the budget in balance. Concern was expressed in regard to approximately $750,000 being drawn from the surplus fund in order to balance the budget. It is felt a 0.3 mill tax increase will be necessary in the 1990-91 budget to build up the surplus. A question was raised in regard to the adjustment in the Police Department's budget for contract settlements and unbudgeted salaries and Administrative Services Director Betty Deptula indicated salaries for shift assignment pay had not been calculated correctly. The City Manager stated another step has been added to the review process to prevent this from reoccurring. Questions were raised regarding the 10 percent negative variance caused by a timing difference in the payment of Citywide memberships and the indication that the City Manager's office is at full staff as one of the employees is on leave. Discussion ensued in regard to document reproduction charges in the City Manager's office. It was indicated some of these charges should have been charged to other funds. Concern was expressed in regard to the use of the "FAX" machine and it was indicated it is used sparingly and is cost effective. Questions were raised regarding the adjustments for the Public Information Officer (PIO) in the Police Department and for unfunded positions in the Public Works Engineering Group. It was indicated the PIO position was not budgeted. Deletion of certain employee positions and transition of these employees has resulted in the unfunded positions. Ms. Deptula stated approximately $98,000 was put in an undesignated code to distribute at mid year. The City Manager indicated all but six employees have been transitioned. Concern was expressed as to the 22 percent increase in the Public Information Department and it was indicated it is a new department with no history. Ms. Deptula stated due to one employee being on extended sick leave and being temporarily replaced by another has resulted in a double salary for this position for a major portion of the year. It was indicated this mid year adjustment is the largest that has had to be made due to operations and it was suggested a closer review needs to be done by staff and the Commission. Commissioner Nunamaker moved to approve the mid year budget adjustment. The motion was duly seconded and carried unanimously. a. First Reading Ordinance #5002-90 - Operating Budget The City Attorney presented Ordinance #5002-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5002-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. b. First Reading Ordinance #5003-90 - Capital Improvement Budget The City Attorney presented Ordinance #5003-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5003-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The meeting recessed from 7:41 p.m. to 7:50 p.m. ITEM #52 - First Reading Ordinance #4995-90 - Relating to boating, amending Sections 114.40 through 114.42, Code of Ordinances, to designate certain water areas as "slow down-minimum wake" or "idle speed-no wake" zones (MR) Bill Held, Harbormaster, reviewed the current and proposed wake zones. In response to a question, he indicated the value of the zone at the Sailing Center would be primarily to protect the launching area. The City Attorney presented Ordinance #4995-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4995-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #53 - Proposed purchase of CSX Property located at the intersection of Pierce St. and East Ave. and Franklin St. and East Ave. for $350,000.00 plus costs and direct staff to prepare the necessary documents to finalize the acquisition. (CM) For several months, City staff has been attempting to acquire two parcels of land located immediately south of the Police Station and immediately east of the Main Fire Station. Parcel 1 is commonly called the Dimmitt property and Parcel II, which is the subject of this agenda item, is the CSX property. Both properties are being sought to expand the parking area for the Police Department and, secondly, to allow for future expansion of the building. Included in the successful Penny for Pinellas referendum was a $7.5 million item for public safety facility improvements. The Penny for Pinellas fund is the recommended source of money to acquire the property. However, funding for the public safety improvements is not budgeted until at least 1995. It will be necessary to reallocate current year Penny for Pinellas funds for general sidewalk improvements and the paving of dirt streets to purchase the land. The funds will be reallocated back to the paving and sidewalk accounts in future years. An appraisal of the CSX property estimated the land to be worth $300,000. A railroad commissioned appraisal set the value of the site at $370,000. The staff negotiated price was $350,000. The engineering firm of Camp, Dresser and McKee (CDM) was authorized to conduct an environmental audit of both the Dimmitt and railroad properties. The firm's conclusions were, "site contamination associated with organic constituents does not appear to be present based on the screening results of soil samples. It is apparent, however, that a large variety of materials have been discarded on both properties. These materials could result in inorganic contamination of groundwater. The observed potential sources of contamination include stained and painted cement roofing tiles, and discharges of oily wastes that could possibly contain lead, chromium and cadmium (aerial/photos). CDM therefore, recommends that a minimum of four shallow well points be installed and analyzed for these metals, as well as total petroleum hydrocarbons and PCBs." The monitoring wells have been installed and the results will be known to the City prior to the final closing of the transaction. Discussion ensued in regard to whether or not the City could opt out of the contract if the soil sampling revealed contamination and the costs to remedy this contamination exceeded 10 percent of the purchase price. Assistant City Manager Michael Wright indicated all due caution was being taken to make sure the property is not contaminated before the contract is executed. Concern was expressed that having to pay a 10 percent cleanup charge would put the property over the appraised value and it was felt the railroad should be responsible for cleaning up the site if contamination is found. Mr. Wright indicated permission has been received from the railroad to do whatever testing is necessary and he indicated no money will be given to the railroad until the test results are known. In response to questions, it was indicated the railroad is under time constraints to sell this property and that title insurance may not be necessary. Commissioner Regulski moved to proceed with the proposed purchase for a price of $350,000 plus costs subject to the final execution of purchase to be after receipt and evaluation of contaminated soils sampling and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #54 - Resolution #90-22 - Pinellas County Interlocal Mutual Aid Agreement for Police Service (PD) On March 20, 1990, the Pinellas County Sheriff notified all municipal police chiefs in Pinellas County that he would no longer be able to appoint municipal officers as deputy sheriffs to make investigations or arrests outside of the municipal limits except in those cases where the officers will be working under the supervision of his office. Further, all deputy cards previously issued to officers of municipal police departments were recalled. Following this announcement, the Pinellas Police Standards Council developed a mutual aid agreement under the authority of Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," which authorizes law enforcement agencies to enter into agreements for voluntary cooperation and assistance across jurisdictional lines by and between such agencies. Commissioner Fitzgerald moved to approve the mutual aid agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to pass and adopt Resolution #90-22 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #55 - (Continued from 5/3/90) Neighborhood Advisory Committee - 1 appointment (CLK) The appointment needed is from the East Clearwater district, and a request was made for a definition of "East Clearwater." Commissioner Berfield moved to continue this appointment. The motion was duly seconded and carried unanimously. ITEM #56 - Community Relations Board - 2 appointments (CLK) Commissioner Regulski moved to reappoint Mary S. Engdahl. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Theodore Nims. The motion was duly seconded and carried unanimously. ITEM #57 - Beautification Committee - 2 appointments (CLK) Commissioner Berfield moved to appoint Bernice A. Avella and Ana Maria Tretin. The motion was duly seconded and carried unanimously. XI - Other Pending Matters ITEM 57A - Sand Key Property Purchase. The agent for the property located adjacent to the Gallery Restaurant on Sand Key has indicated he has a probable sale for the property. However, he is willing to give the City until Friday, June 8, 1990 to agree to purchase the property for $1 million. The proposed site includes 1.06 acres landward of the coastal construction setback line and approximately .4 of an acre seaward of the setback line. The purchase price of this site would include approximately 23 paved parking spaces on the south side and an expanse of asphalt which was originally designed and used for 4 tennis courts. Public access easements to the gulf exist along each side of the site. This property is subject to further easements and a lease of record. Funding for this purchase is available from the following sources: Open Space Fees (0247-122) $294,316.50 Recreation Land Fees (0247-124) $260,455.50 Cheezem Settlement (anticipated to be collected) $445,228.00 $1,000,000.00 If purchased, staff envisions the site being developed primarily as a passive park with improved access and view to the gulf. The parking spaces along the south side will remain to service the site. The deteriorated asphalt tennis courts will have to be removed at an estimated cost of $10,000. Development would then consist of the amending of soil, installation of an irrigation system, grassing, sidewalks, benches and trees. The total estimated cost of development, including the removal of tennis courts, is $31,650. Funding for the development phase is available from the following sources: Recreation Facility Impact Fee Interest (0247-123) $11,352.00 Recreation Facility Impact Fees (0247-123) $20,298.00 $31,650.00 In the event this acquisition and development is approved, sufficient monies will still be available ($300,000) for the construction of a building for the Sailing Center Facility. Assistant City Manager Wright reviewed an aerial map of the property indicating there is a non-exclusive parking lease associated with the property which allows the restaurant to the south to have access to 25 parking spaces. Discussion ensued in regard to the non-exclusive parking lease and concern was expressed this would not allow the City full use of the property. Three citizens spoke in support of the proposed purchase indicating beach property is valuable, there is a need for green space and the proposed purchase would aid in obtaining beach renourishment. Three citizens spoke in opposition to the proposed purchase indicating parking is sufficient on Sand Key and a park already exists. Concern was expressed regarding the property being removed from the tax rolls and traffic congestion. It was requested consideration be given to constructing a fishing pier. Discussion ensued in regard to a fishing pier and it was indicated staff was requested to investigate the feasibility of a pier at a previous work session. Concern was expressed regarding information received from the Department of Environmental Regulation (DNR) in regard to a change in the requirements for receiving funding for beach renourishment and whether or not the Jolly Trolley would suffice in meeting our parking requirements for access not being made available to the Commission. It was indicated it had been noted the current rule for obtaining beach renourishment was under negotiation and it was hoped the trolley would be sufficient to qualify for beach renourishment. Discussion ensued in regard to the proposed purchase of the property not being solely for the purpose of qualifying for beach renourishment. Discussion continued in regard to the non-exclusive parking lease and the possibility of constructing fishing piers. It was indicated further investigation was needed in order to come back with a "clean deal." Commissioner Nunamaker moved to continue this item. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #58 - Ordinance #5004-90 - Referring to Flood Zone Regulations; amending Secs. 146.004 and 146.007 as amended by Ordinance No. 4912-90, to amend certain definitions, and to revise the cost information requirements for development permits. The City Attorney presented Ordinance #5004-90 for first reading and read it by title only. A special work session has been scheduled and advertised for June 12th at 10:00 a.m. for public input. Commissioner Nunamaker moved to pass Ordinance #5004-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #59 - Resolution #90-23 - Requesting Pinellas County to discharge tax liens on property acquired by City for public purposes. The City Attorney presented Resolution #90-23 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-23 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #60 - Resolution #90-24 - Accepting franchise, privilege and concession of Town of Belleair for furnishing gas within the Town of Belleair and its inhabitants. The City Attorney presented Resolution #90-24 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-24 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIV - Other City Attorney Items ITEM #61 - Request for Approval of Settlement - D'Angelo v. City, $22,500.00. This lawsuit arose as a result of an auto accident on May 28, 1985, in which Mrs. D'Angelo's car collided with a City sanitation truck. The automobile was determined to be "totalled" and she was paid $3,413.25. She sustained injuries which resulted in medical bills totalling $5,409.45. She also claims lost wages but this has not been fully documented for her claim. Her husband raised a claim of loss of consortium. Mediation on November 16, 1989, reached an impasse and the case was remanded to the court docket for trial. Mrs. D'Angelo's original demand was for $100,000.00, but as a result of negotiations, the plaintiffs are now willing to accept $22,500.00 in full settlement. Benefits for the plaintiff's personal injury protection coverage in the amount of $6,263.00 should be deducted from any jury award if the case goes to trial. Commissioner Regulski moved to approve a settlement of $22,500 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #62 - Request for Settlement - Spottis Woods Sub. v. City (damage to subdivision gate), $6,023.93. On July 18, 1989, a City sanitation truck which was backing up Spottis Woods Lane struck the brick security gate in the center of the lane. The security gate housed several components of the security system of the Spottis Woods Homeowners Association. The Clearwater Police indicated the accident was caused by improper backing. The property damage totals $6,023.93. Concern was expressed regarding City vehicles being on private streets and being liable if the private street is designed in such a way that it makes maneuverability a problem. Public Works Director Bill Baker indicated he will research the risks involved with this type of collection. Commissioner Regulski moved to approve a settlement of $6,023.93 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #63 - Request for permission to file a foreclosure action on property known as 1120 Palm Bluff St., Clearwater to obtain repayment of debt owned by Collee Banks. A foreclosure action was brought against the City in Clearwater Neighborhood Housing Services, Inc. vs. Collee Banks. The City holds a mortgage for $15,000.00, which is only in default if the mortgagor, Collee Banks, vacates the property. After many attempts to come to some agreement with the Clearwater Neighborhood Housing Services, Inc. and after determining that Collee Banks no longer resides on the property, which puts her in default with regard to the City's mortgage, it has become apparent that the only way that the City will progress and protect its interest is to commence foreclosure action. Commissioner Nunamaker moved to approve the request to file a foreclosure action on the subject property and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #64 - Authority for settlement - Marzouca v. City In May, 1988, the City was sued by Patrick Marzouca and USA Rent-A-Car for failure to pay the daily rental and damages to an Isuzu motor vehicle leased from Mr. Marzouca. The Clearwater Police leased the car on November 25, 1986 and the vehicle was held until October 8, 1987 as part of a murder investigation. During that time, the car was kept in open storage, subject to deterioration from natural elements and the vehicle was examined and upholstery cut during the investigation. The rental of the car is $46.00 a day and the property damage is estimated at approximately $1,990.00. Also attorney fees made necessary in order to collect any charges payable for the vehicle would be due Mr. Marzouca. Through mediation and negotiations it had been determined that this case can be settled for $11,000.00, which would cover any claim for property damage to the vehicle, lost rental, and attorney's fees. Commissioner Regulski moved to approve a settlement of $11,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XV - City Manager Verbal Reports - none. XVI - Other Commission Action Commissioner Regulski questioned whether the Pinellas Trails project should be discussed and it was noted this item will be agendaed for the next regular meeting. The Mayor requested the City owned service station on the beach not be a work session only item at the next meeting. It was indicated this has been scheduled for the next regular meeting. Granted permission to speak, Anne Garris questioned when the Blue Ribbon Task Force would start its work. It was indicated the Committee is just now fully appointed. Mr. Fagan requested permission to speak; however, the Commission directed that he submit his comments in writing to the Commission. He alleged that Bill Baker threatened him during the break. XVII - Adjournment The meeting adjourned at 9:28 p.m.