12/10/1990 (2)
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., AGENDA
Community ~edevelopment Agency
December 10, 1990
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.1. Call to order I. 1:03 p.m.
of ,
II. Approval of Minutes II. Approved as submitted.
10/29/90
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III. C.O.#2 to the.Cleveland street III. Approved.
Sidewalk Replacement Contract
, i ncreas ; ng the a'moulJt by
'$24,976.00, for a new ,total
$375,123.25, increasing the ' .
contract time by 150 days and
a~end the eRA budget to
include the addition~l funding'
for the project
IV. Amendment of contract with IV. ' Approved.
Hunter Interests,Inc., to.
include conceptual planning '. ' .
work and fisc~l/financial
( '~ analyses for a not to exceed
? amount of $74,000., increasing
-the contract .from $33,800. to
$107,800. and amend eRA budget
to' include the additional "I
ahPr,opriation of funding to
t. e project~
V. Contract for the CleVeland V. Approved ~s amended with a not
Street Minipark Construction ' to exceed amount of ,
to Opus South Corp., for $204,880.00.
$204,880.00
. VI. '. Adj6urnment ,
, VI. 2:36 p.m. ,.
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COMMUNITY REDEVELOPMENT AGENCY
December 10, 1990
The City Commi s sian, meet ing as the Commu n i ty Redeve 1 opment Agency, met in'
regular session at City Hall, Monday, December 10, 1990 at 1:00 P.M., with the
following members present":
Rita Garvey
.Sue Berfield
William Nunamaker
Richard Fitzgerald
Mary Vaughn
Members absent:'
Lee Regulski
A 1 so Present were: '
Chairperson
Member
Member
'Member
Ex Officio Member
Member
Ron H. Rabun
Michael Wright
Jerry D. Sternstein
Cynthia E. Goudeau
Executive Director
Assistant City Manager
Economic Development Director
Secretary .
ITEM I 1.
Minutes:
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Member Berfieldmoved to approve the minutes of the October 29, 1990,.
meeting. The motion was duly seconded and carried unanimously.
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ITEM III. - C.O.#2 to the Cleveland Street Sidewalk Replacement Contract with
L.G. Couch Construction. Inc.. increasinQ the contract amount bv $24,976.00. to a
new total of $375,123.25. increasinQ the contract time bv 150 days and amend the
. eRA budQet to include the additional fundinQ for the pro~ect
The Cleveland Street Sidewalk Replacement project is nearing completion.
Authorization is required for minor changes for existing items and for one new
item.
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An increase in Item No.3, Facing Brick, is to adjust this ,item to the
quantity actually used in construction. An increase in Item No.4, Curb
Replacement, is needed to replace curb along the work area. The existing curb in
the downtown area is extremely fragile and it is difficult to work adjacent to
the curb without de~troying it. The initial anticipated contract quantity of ,
this pay item is' now insufficient to account for the quantity actually required.
Due to anticipation of an overestimation of Brick Pavers (Pay Item No. I), this
.quantity is being reduced by this Change Order.
New Item No. 19 is for the construction of wheelchair ramps on the
northwest and southwest corners of the intersection of Cleveland Street and Ft.
Harrison Avenue. This intersection is unique in that there is an 'excessive grade
separation between the street and the sidewalk. This requires an unusual stepped
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In response to a question, Mr. Baker indicated the project should be
completed by the end of February 1~91.
Member Berfield moved to approve Change Order #2 to the Cleveland Street
Sidewalk Replacement Contract 87-36, increasing the contract amount by $24,976 to
a new total of $375,123.25, increasing the contract time by 150 days and amend
the eRA budget to include the additional funding for the project and that the
appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.' -
arrangement to accommodate the drop. Wheelchair ramp specifications call for a
maximum slope of 12 to 1, which in this c~se requires 14 foot ramps directly in
front of existing stores and their doorways. While the Florida Administrative
Code requires that wheelchair ramps be installed at intersections whenever
sidewalks are constructed or reconstructed, in this case wheelchair ramps could
not reasonably be incorporated in the original plans because of the building
entrances that then existed on these two corners. The business interest on the
southwest corner has since relocated its entrance from Cleveland Street to Ft.
Harrison. This reconfiguration will now allow the construction of the wheelchair
ramps. The business on the northwest corner has closed and a fresh approach to
the design for this wheelchair ramp has yielded a workable plan. In any case,
the construction of wheelchair ramps at this intersection requires extensive
rework of the two corners involved due to the large elevation difference between
the street and the existing sidewalk.
Additional contract time is needed to adjust and ,compensate for
unanticipated delays to the contractor due to installation of ir~igation lines,.
electrical conduit, and water facilities that were not within the contractor1s
control. There is also a time extension to allow the construction of the
wheelchair ramps added to the contract by this change order. No time will be
charged to the contractor for days when he is uryable to work because of a City
requirement.
Concerns were expressed regarding' the amount of time it has taken to do
this project and it was questioned why we are recommending extending the time
rather than enacting the penalty clause for not meeting the timeframe specified
E"~ in the contract. Bill Baker, Public Works Director explained the delays which
~~. have not been the contractors fault. He indicated the contractor has done good
work and has diligently pursued the contract.
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The first product from the Downtown Market Assessment being done for the
Community Redevelopment Agency (CRA) by Hunter Interests, Inc., has been
completed. This document, a Technical Memorandum, specifically deals with an
analysis of the downtown retail market. It is a specialized report designed to
send to prospective retail developers ~nd tenants who might want to learn more
about Clearwater's downtown market potential. In tone and content, this report
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closely resembles a study that a developer or retailer might themselves
commission.
The analysis focuses upon net new demand rather than transfer rates to
define market capture. This is a rather conservative approach made even more
conservative by the consultant's decision to not incorporate in the demand
equation the sizeable tourist and seasonal Inarket. Even with this approach, the
Technical Memorandum concludes that downtown Clearwater can support an upscale
retail project ranging from 200,000 to 250,000 square feet, which is comparable
in size to Old Hyde Park in Tampa. .
The Technical Memorandum deals with what would be phase one of a multi-
phased development which could eventually include public-private office towers, a
conference center hotel and condo-residential units.
The first phase shopping complex is envisioned as entertainment thenled and
could include a 5-9 screen cinema complex, 2-4 theme restaurants with some
entertainment aspects like a sports bar, night club or comedy cafe.
Given the very favorable numbers found in the Technical Memorandum, staff
felt that it would be advantageous to proceed to the next stages of the
development program as quickly as possible. With a positive retail market
analysis in hand, the next two steps are to commission a conceptual design and a
financial and fiscal impact analysis. This work will prepare staff to deal with
all normal feasibility questions relevant to site requirements, development
plans, phasing, developer's debt and equity investment, public sector financial
participation requirements, employment and tax benefits and the net cost/benefit
to the city at any point in time during the first ten years of project life.
The conceptual planning work encompasses the following elements;
presentation graphics, which include rendered site plans and prospective drawings
and site plan analysis, including access, parking utilities and other functional
questions. The financial analysis and fiscal impact includes; financial analysis
showing capital and operating cost estimates for the project, overall project
proforma, ten year cash flow, supportable private investment levels for debt and
equity and definition of any capital funding gaps. Fiscal impact analysis will
show revenue production to the City from tax flows of all types, fees, licenses,
land acquisition or lease payments and other revenue flows. The estimated cost
,for this work is $74,000 including a $10,000 contingency.
Jerry Sternstein" Economic Development Director indicated the technical
memorandum shows the retail potential for the downtown area and is not the final
product. He stated the memorandum is more optimistic than staff had assumed
however, it is still conservative.
Mr. Hunter reported the purpose of this technical memorandum is to isolate
the retail market portion of the project. He stated he was pleasantly surprised
in that the market was stronger than initially thought. He stated new retail can
be justified based .on growth potential and pass through traffic from the beach.
He stated he wants potential developers and retail tenants to view the report as
being conservative. He recommends the City of Clearwater pursue the upscale .
specialty re~ail center with the center being themed and including entertainment
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and food facilities. His final report will include other recommendations other
than retail. He also recommends the City pursue the process to determine
financial feasibility and solicit developers to come in and develop the center.
In response to a question, Mr. Hunter indicated it is common for public
entities to take the initiative in downtown development. It was also indicated
the Downtown Development Board will review the proposals. Mr. Hunter indicated
that mixed use will help with the development. He also indicated that the work
the City has done in the past is a positive aspect. He stated the public sector
would lead with soft cost and that developer commitments would provide the hard
costs for the center.
In response to a question regarding office development, Mr. Hunter
responded that office will follow the first component of the development.
Discussion ensued regarding whether or not a new city hall facility was
essential to the program and it was indicated that while it is not essential, it
would be most advantageous to include the city hall facility in the development
of this mixed use center. .
A concern was expressed regarding developers being able to get financing
for such a project and Mr. Hunter indicated people in business are continuing.to
gain financing however, it may be in a different form than traditionally done.
Concerns ,were expressed regarding some of the recommendations including a
five to nine, screen cinema with theatres in Sunshine Mall being close by to the
,~. south. Mr. Hunter indicated this was looked at and he is convinced that the type
\~ of development he is proposing would be beneficial, not only to downtown, but
also the Sunshine Mall. He also indicated that the trend in development is to
have specialty centers with two looks, one for daytime use and one for nighttime
use.
Lawrence Lindner, President of the Downtown Clearwater Association,
indicated they were' somewhat skeptical of the report. He stated they're looking
for direction.
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Carol Warren, member of the Downtown Development Board, indicated the DDB
is committed to downtown development and they're excited by the report a'nd feel a
commitment needs to be made.
Discussion ensued regarding the need to spend the additional $75,000 and it
was indicated the City is at a point where it must to something or no development
will take place in downtown.
In response to a questionl Mr. Hunter indicated this development would
benefit all of the downtown area. He stated the City has done well in creating
an environment that is trouble free but at the present time there is no reason to
go downtown to shop.. He stated if it were feasible, he would recommend imposing
the center on top of the existing downtown however, this 'is not feasible.
Member Nunamaker moved to authorize the amendment to the contract with
Hunter Interests, Inc. to include conceptual planning work and fiscal financial
analysis in an amount not to exceed $74,000.00, increasing the contract from
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,>>~ $33,800.00 to $107,800.00 and amend the eRA budget to include the additional
~. ' appropriation of funding to the project and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried
unanimously. . . . .
ITEM V. - Contract for the Cleveland Street Mini ark Construction to 0 us South
Cor. for 204 880.00
A budget of $300,000.00 funded by the Community Redevelopment Agency (eRA)
was established for the design and construction of the Cleveland Street Minipark.
On July 30, 1990, the CRA approved the expenditure of $9,850.00 far the
preparation of design, development and construction documents leaving a balance
of $290,150.00. This first phase of the work has been completed by Opus South '
Corporation through Mas One, Ltd. Further, on September 4, 1990, the CRA
approved the conceptual site plan for the minipark.
,Opus South Corporation is recommended as a sole SQurce for the construction
phase of, the minipark for several reasons. First, the firm is performing similar
work for two other adjacent properties, First Florida Bank and the new Clearwater
Tower Building. Second, work on the City park crosses different property lines
and efforts need to be coordinated to assure minimal or no conflicts. Third, the
firm is .well qualified and, as mentioned previously, it is also the firm that
prepared the design, development and construction documents.
Opus South Corporation advertised the project for bids, but because of the
small size of saine of the elements within the project, fewer than expected
A. bidders responded. The total cost of $204,880.00 includes a fee to Opus South,
. ~~' estimated to be $18,625.00, which,will be payable at 10 percent of all project
costs. In return, Opus South will provide contract management and will supervise
the work of all subcontractors. The firm will also satisfy all City insurance
requirements.
All money spent by the City in accord with this contract will be for work
performed only on the City owned property.
Note ;s made that the furniture (tables and. bench seats) included in these
bids are constructed of steel with plastic coating. However. other optional
.materials, wood and concrete, could be considered.
Ream Wilson, Parks and Recreation Director reviewed the plans for the park
stating xeri~cape plantings will be used for landscaping.
In response to a question regarding what is being done on adjacent
properties, George Smith of Opus South, indicated the same materials are being
used so that the whole block comes together as one.
. A question was raised regarding groups being able to schedule the park and
Mr. Wilson indicated that at least initially, i~ will be on a first come first
serve basis, but it may get to a point where more definitive scheduling needs to
be done.
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Mr. Wilson reviewed amendments being suggested to the contract: on page 4,
under article 5 adding the language "any additional design cost must be approved
in advance by the owner"; On page 5, article 9 adding the "owner shall make
payments within 30 days of contractor's submittal of application for payment"; On
page 10, article 20, section 20.3 and, On page II, article 23, section 23.1
deleting the reference to architect and substitute the word owner; and in exhibit
A, number F5, delete the first sentence.
Discussion ensued regarding the need to include a not to exceed amount.
Concerns were expressed regarding changing the concept from a cost plus contract.
It was indicated this change would simply indicate that authorization would'be
needed if additional monies were needed.
Mr. Wilson indicated the tables being recommended are plastic coated with
steel. A question was raised regarding using recycled materials and Mr. Wilson
indicated that would double the cost but that this is being considered for other
locations. He indicated the tables are being recommended based on their
flexibility for direction of seating and it also discourages sleeping over night,'
Consensus of the agency was to go with the recommended pla~tic coated steel
tables. .
Discussion returned to the need for a cost plus contract and what control
the. City has over the construction of the park. It was indicated the eRA had
. approved the plan for the park and they have final authority.
Member Berfield moved to approve the agreement as amended with a not to
exceed budget of $204, 880.00 unless approved by the Community Redevelopment
Agency and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried.unanimously.
In response to a question, it was indicated that the park should be
completed by March~
ITEM VI, w Adjournment:
The meeting adjourned at 2:36 p.m.
ATTEST:
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