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02/12/2001CITY COMMISSION WORKSESSION CITY OF CLEARWATER February 12, 2001 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hart Commissioner F. David Hemerick Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 1:02 p.m. at City Hall. Service Awards Four service awards were presented to City employees. PUR PURCHASING Standard Insurance Company, long term disability insurance for employees not covered by City's Pension Plan, 1/1/01-12/31/01, est. $30,000 (HR) Bill Heard Chevrolet, Inc., one 2001 Chevrolet Silverado ½ ton pickup truck, replacement, $16,968; financing to be provided under City's Master Lease-Purchase Agreement (GS) Cobble-Stone Electric, Inc., design, supply & install ballfield lighting at Belmont Ballfield, $29,245 (PR) DAVID Corporation, risk management software, $40,000 (FN) Century Rain Aid, misc. irrigation system parts, est. $74,000 (PR) Sheehan Pontiac-GMC, Inc., two 2001 GMC Savanna 2500 vans, replacements, $40,358; financing to be provided under City's Master Lease-Purchase Agreement (GS) Maroone Chevrolet, three 2001 Silverado 3500 pickup trucks with options, replacements, $80,371; financing to be provided under City's Master Lease-Purchase Agreement (GS) Maroone Chevrolet, two Chevrolet Silverado 2500 pickup trucks, 1 replacement / 1 approved addition, $42,850; financing to be provided under City's Master Lease-Purchase Agreement (GS) Kaiser Pontiac, three 2001 GMC Sierra 3500 cab & chassis with options, replacements, $80,694; financing to be provided under City's Master Lease-Purchase Agreement (GS) Bill Heard Chevrolet, Inc., four 2001 Chevrolet Blazer 4x4 utility vehicles with options, replacements, $92,826; financing to be provided under City's Master Lease-Purchase Agreement (GS) Maroone Chevrolet, one 2001 Chevrolet 3500 HD cab & Chassis with options, replacement, $31,230; financing to be provided under City's Master Lease-Purchase Agreement (GS) In response to a question, Human Resources Administrator Paul O’Rourke said there are approximately 80 employees in the Long Term Disability Plan. The plan pays benefits 3 months after the injury is reported. He said although the number of participants annually decreases, there are approximately 50 to 55 employees in the plan at all times. In response to a question, Purchasing Manager Michael Murray said the Risk Management software is an upgrade to the existing software system from a DOS-based system to a Windows-based program. It is used to track the City’s claims. GS GENERAL SUPPORT SERVICES Approve a Sports Facility Development Agreement with Philadelphia Phillies listing property located at 2465 Drew Street as project site; approve allocation of $2 million of unrestricted retained earnings of Central Insurance Fund to the SPJC Field Site Development capital project, and the renaming of the capital project to "Community Sports Complex Development and Construction" General Services Administrator Keith Ashby requested a two-week delay of this item in order to continue the negotiation process. Staff is addressing some issues with the Phillies including concerns expressed by the public, the Phillies’ new counsel, and the Commission. This item will be on the March Commission meeting agenda. In response to a question, City Attorney Pam Akin said negotiations are going well. PR PARKS AND RECREATION Approve expenditure of additional $93,600 from Recreation Facility Impact Fees for proposed landscape improvements on new medians & adjacent ROW areas on Gulf Blvd. on Sand Key (Consent) The City, County, and Sand Key Civic Association have been working on ways to improve landscaping on Sand Key. On April 6, 2000, the Commission approved $15,000 as preliminary funding for proposed landscape improvements on Sand Key. As part of the recent road-widening project, Pinellas County installed several medians that are to be landscaped by the City. The City provided the $15,000 in funds so that the contractor could install the irrigation and electrical sleeves while the road was being constructed. The project is closed out with an outstanding balance of approximately $7,900. An additional $93,600 is needed in this project to provide the necessary landscape materials and installation for these medians as well as the adjacent rights of way. The design will consist of a mixture of Date Palms, Oleanders, Junipers, and annuals. Costs for the proposed landscape improvements is budgeted at $101,500. The City will maintain the medians and the Sand Key Civic Association will maintain the beautification in the rights of way adjacent to the medians. Estimated costs to the City for annual maintenance is $10,000. These funds will be requested as an enhancement in the FY 2001/02 operating budget. The City and Sand Key Civic Association will enter into an Adopt-A-Park Agreement so they can maintain the rights of way. Installation of landscaping on the rights of way will not occur until negotiations with the Association are finalized and an agreement is in place. A mid-year budget amendment will allocate $93,600 of Recreation Facility Impact Fees to CIP Code 181-99964. The Commission must approve use of Recreation Impact Fees. These fees were collected from projects on Sand Key. In response to a question, Parks and Recreation Director Kevin Dunbar said the majority of improvements are for landscaping medians and adjacent rights-of-way on Gulf Boulevard on Sand Key. The Sand Key Homeowners Association has agreed to maintain the landscaping in some areas. Mr. Dunbar said the fees collected for this project were from an insurance settlement 15 years ago. PW PUBLIC WORKS Contract to VoltVIEWTech, Inc., implement, monitor & execute Ultra Low-Volume Toilet Rebate Program, not to exceed $76,000 (Consent) This program provides a one-time rebate to retail water customers of up to $100 maximum per toilet for purchase of a 1.6 gallon Ultra-Low Flow Volume (ULV) model. VolVIEWTech, Inc. (VVT), currently is under contract with St. Petersburg providing services to implement, monitor, and execute their Toilet Rebate Program. This contract includes program administration, coordination of a promotion campaign, data collection, tracking, conducting installation inspections, removing the old toilet, issuing rebate checks, and preparing reports. The contract is valid through September 2001. VVT shall establish a phone line to receive customer calls for participation in the City’s ULV Toilet Rebate program, and shall work with customers guiding them through the process and answering their questions. The process shall consist, in general, of the following: 1) Coordination of a promotional campaign to educate City water customers; 2) VVT logs participants names and addresses; 3) City water customer provides and installs the ULV toilet, then calls VVT for inspection; 4) VVT inspects within one week of customer call; 5) VVT obtains receipts for ULV toilet purchases and removes old toilets from participants; 6) VVT provides rebate checks to participants; and 7) VVT requests reimbursement from the City and files required reports with the City. Funding for this contract will be included in the $250,000 program total on an accompanying agenda item. Funding will be provided by a mid-year budget amendment transferring $76,000 of water revenue from Project #315-96740 Water Supply & Treatment to a new project to be established, #315-96747, Flow Restrictor & Rain Sensor Rebates. Sufficient funds were budgeted in Water Supply & Treatment to cover this contract, so it will not be impacted by the funds transfer. The new project code will enable better tracking of this initiative. In response to a question, Public Utilities Director Andy Neff said toilet technology has advanced over the past few years. Staff will obtain customer feedback to see if residents are satisfied with the program. The $76,000 is coming out of the $250,000 and is a “not to exceed” amount. Administrative costs are significant due to tracking requirements. Mr. Neff said costs are for administering the entire program. He said Clearwater is sharing one-third of the costs of this program with other cities. Concern was expressed regarding the percentage of costs that Clearwater is paying. Public Works Administrator Mahshid Arasteh said tracking also involves reporting to regulatory agencies. Agreement with SWFWMD for funding of project costs up to $20,000, for purchase & installation of rain sensor devices; approve match of City funds in the amount $20,000 (Consent) As part of the City’s effort to reduce the demand for potable water, cofunding from SWFWMD (Southwest Florida Water Management District) was sought to provide financial incentives for City water customers to purchase and install automatic rain sensors for their potable irrigation systems. The electronic sensors shut off or disable the irrigation system when enough moisture is detected. Key objectives of this program include educating the public on water conservation, reducing outdoor potable water use by 15%, and encouraging the use of water-conserving devices. This is the first year of an estimated three-year effort by the City. This program provides a one-time rebate of 50% of costs to retail water customers (up to $40) for the purchase and installation of automatic rain-sensing devices to their irrigation systems. To be eligible, a participant must be a City water customer utilizing potable water for irrigation purposes. Purchase and installation of the rain sensor device can be completed through a licensed plumber or irrigation consultant (available in the yellow pages), or by the customer. Landscape irrigation counts for as much as 35% of total household water use. This program offers nearly 600 sensors to City water customers, which is estimated to save approximately 9,050 gallons of potable water for each day on which irrigation is permitted. The program will be monitored to evaluate the actual water savings achieved by an outside contractor. The amount of the contract will be within staff approval authority, so a follow-up contract item will not be necessary. The program will be evaluated statistically comparing water use for participants before and after the installation of rain sensors. Funding will be provided by a mid-year budget amendment transferring $20,000 of available water revenue from the Capital Improvement Program (CIP) project #315-96740 Water Supply & Treatment to a new project to be established, #315-96747 Flow Restrictor & Rain Sensor Rebates. Sufficient funds were budgeted for this initiative in the Water Supply & Treatment code, therefore, the code will not be impacted. The new project code is being created to better track this initiative. Funding for the remaining 3 years of the program has been included in the current rate study update. In response to a question, Mr. Neff said this program provides for approximately 600 sensors. Sensors are not mandated for new sprinkler systems. The program will be evaluated and monitored by an outside contractor at a cost of $16,000. Grant funds also are available. Concern was expressed that it may be less expensive for the City to provide the rain sensors. Mr. Neff said staff could not handle the program due to the workload. The sensors cost approximately $33 apiece. Under this program, residents can have the sensors installed by a licensed person. First Reading Ord. #6692-01 - Amending Sec. 32.374(1), providing for metering of non-irrigation reclaimed water service users; creating Sec. 32.373(3), requiring backup potable water systems for certain reclaimed water customers; amending Art. XXV(3)(f) of Appendix A, as amended by Ord. #6587-00, providing fees for non-irrigation reclaimed water use (providing for metering of reclaimed water service for air conditioning reuse, changing rate structure) This Ordinance is necessary as a result of new reclaimed commercial customers in the south Clearwater beach area requesting connection to the reclaimed water system for make-up water for their air conditioning units. There is no provision in the current Ordinance for this reclaimed water use, which could be significant. If no change were made, reclaimed use for many of these potentially significant commercial customers would be billed at the rate of $15/month, if they were less than 2 acres. The Ordinance change will provide for metering of multi-family, commercial, and industrial units for air conditioning cooling towers. A metered use rate of $.30/1,000 gallons will be applied to these customers who have reclaimed water already available. The proposed consumption rate is $.30/1,000 gallons for multi-family dwelling units and commercial/industrial customers, matching the current metered rate according to the Ordinance. If a commercial/industrial customer is using reclaimed water for both irrigation and non-irrigation air conditioning reuses, and the pervious area is less than 2 acres, the charge will be $9 per month (availability) and $6 (irrigation) and $.30/1,000 gallons for all non-irrigation (air conditioning make-up) reuse water. If the pervious area is greater than 2 acres, then a single meter will be set at a $9 availability fee plus $.30/1,000 gallons. Upon approval, new customer accounts will be established for commercial/industrial and multi-family dwelling units when service is requested. All customers connecting to the reclaimed water system for air conditioning reuse shall be required to have a potable water backup system in place, including proper backflow protection. Reclaimed water use restriction will not apply to air conditioning make-up water usage. The dollar amount ($1,000) covers the anticipated costs to install new meters for existing customers as a result of this ordinance. There are sufficient funds available in the System Expansion account #96744 to set any additional meters. In response to a question, Mr. Neff said 4 houses in a neighborhood are required to agree to use the service before reclaimed water can be installed. Residents can water daily with reclaimed water, but are prohibited to do so between 10:00 a.m. and 4:00 p.m. It was suggested that limiting reclaimed water use to 2 days per week would allow for more residents to use the reclaimed water system. The City Attorney will draft language that reclaimed water users would “hold harmless” the City regarding corrosion of their pipes. First Reading Ord. #6695-01 - increasing domestic, lawn water & wastewater collection utility rates by 7% each year over the next 5 years beginning 7/1/01 with subsequent increases to be effective 4/1/02, 1/1/03, 10/1/03 & 10/1/04 The utility rate increases are needed to provide funding to maintain compliance with debt service coverage requirements supporting the continuation of capital improvement projects needed to sustain the City’s utility infrastructure. Infrastructure improvements are needed to maintain compliance with federal regulations concerning water supply and treatment, wastewater collection, maintain reliability of the water pollution control facilities, and expansion of the reclaimed water system due to age of the infrastructure. The last rate increase effective July 1, 2000, provided only temporary relief for utility infrastructure needs. There are projects ready to award yet are not funded due to the inability to adequately finance infrastructure improvements. At this point, projects are on hold until a rate increase is passed. Burton & Associates has completed a water and wastewater collection utility rate study to cover 5 years of operations. Previously, the Burton Rate Study recommended a 6.6% rate increase over 5 years in order to have sufficient funds to cover debt service, operations and capital improvement projects. The current study recommends 5 increases of 7% each. The new water plant under consideration will provide estimated annual net savings of $1.4 million in water cost at the current rate to purchase water from Pinellas County of $1.79 per 1,000 gallons. This savings created a reduction in the rate increase requested from 8.14% to 7% per year. Also factored into the rate study are continued wholesale water purchases from Pinellas County at their suggested increased rates. These rates increase from the present $1.79/1,000 gallons to $2.29/1,000 gallons over the timeframe of the proposed 5-year rate increase. A rate restructuring study also is currently underway by Burton & Associates for more equitable distribution among customers. In response to a question, Mr. Neff said if the City continues to buy water from the County, water costs would increase 8.1% per year. He said many of the City’s pump stations are obsolete and in need of repairs or replacement in order to comply with OSHA regulations. He said $35 million is needed for repairs to the system to relieve capacity problems. When development occurred, there was a lack of coordination between those developments and the necessary infrastructure. He said the majority of FTEs (full-time equivalents) needed would be hired next year. Mr. Neff said the City is in a cash situation that requires an increase in utility rates now. There are projects in the queue that could be delayed because of lack of funds. He also felt that it is in the City’s best interests to move forward with a water production plant and produce as much water locally as possible to mitigate water rate increases. Ms. Arasteh said this increase is necessary in order to go forward with projects that were approved last year, otherwise they would not be completed. She said there are other communities that are under court ordered mandate to comply with regulatory requirements. It was requested the Finance Director provide the Commission with a 7% versus 8.1% rate comparison over the next 5 years. Finance Director Margie Simmons said if the City decides not to go forward with construction of a water plant, staff would have time to adjust rates. If the Commission approved a one year 7% increase, it would affect the City’s ability to bond. It was remarked that because the previous administration did not approve rate increases and infrastructure issues, these issues must be dealt with now. It was remarked as this is the third time staff has proposed rate increases, it is time to address them. PLD PLANNING Public Hearing & First Reading Ord. #6641-01 - Relating to Downtown Clearwater Periphery Plan; adopting an amended periphery plan The Downtown Clearwater Periphery Plan evolved out of a downtown planning process that considered expanding the Downtown Redevelopment Plan boundaries. It governs four areas located on the edges of downtown known as the Northwest, Southwest, Northeast, and Southeast Expansion Areas. The Plan was approved in 1993. The Plan addresses the function of each area, land assembly possibilities, zoning and design issues, and priority land uses for the expansion areas. In 1995, the City changed the Future Land Use designation of the four expansion areas to Central Business District. The Downtown Clearwater periphery Plan 2000 Update revises the original Plan. It includes extensive information on existing zoning, property conditions, ownership patterns, relationship to Downtown Redevelopment Plan Area and infrastructure impacts. It also identifies issues and opportunities within each area, as well as includes a description of what the 1993 Plan indicated for each expansion area. Following is a list of the other specific changes proposed in the Periphery Plan 2000 Update 1) Addition of generalized land use maps; 2) addition of policies to guide development; 3) expansion of the Southwest and Southeast boundaries, which resulted in the minor adjustment of total land area; 4) eliminated possibility of industrial uses in the Southwest and Northwest Expansion Areas; 5) revised density limitations in the Southwest Expansion Area; 6) added commercial uses as permitted uses in the Southwest Expansion Area; 7) added institutional uses as permitted uses in the Northwest Expansion Area; and 8) permitted new single family dwellings in a specified area in the Northwest Expansion Area. The Downtown Clearwater Periphery Plan 2000 update is consistent with objectives and policies of the Clearwater Comprehensive Plan. There is a companion item to this Periphery Plan that will rezone the Northwest and Southwest Expansion Areas to the Downtown Zoning District. The specific request is contained in a separate agenda item and ordinances. The Community Development Board reviewed the proposed Periphery Plan 2000 Update in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on January 23, 2001, and recommended approval of the Plan. In response to a question, Senior Planner Gina Clayton said this update provides more policies and a land use map and talks about issues and opportunities facing other areas. The Periphery Plan calls for mixed uses along South Fort Harrison frontage and the remainder to be residential and office uses. The plan does not allow industrial uses in the Northwest but recognizes institutional uses. It permits high rises with 50 units per acre. Mr. Stone said when the land use plan amendment was initiated, it was to address 4 different areas. At that time, prior to Mr. Siemon embarking on rewriting the land development code, that effort was abandoned and custom zoning districts that were to be adopted were held in abeyance for approximately 3 ½ years. Staff is trying to get the companion zoning district in place. He said 95% of this update honors the 1993 plan. He said a seamless coordination of the redevelopment periphery plan and Mr. Siemon’s plan is needed. He said nothing in the document increases density or height that is not already allowed in the Code. Staff’s rationale behind expansion of retail is in residential district retail would be considered nonconforming. Staff is trying to define compatibility. Public Hearing & First Reading Ords. #6645-01, #6646-01 & #6647-01 - Annexation (& redefining boundary lines of City to include said addition) for Town of Bayview Sub., Lots 2 & 3 and vacated portion of CR31; Land Use Plan Amendment to Residential/Office Limited for subject property AND change of Land Use Designation for Myron A. Smiths Bayview Sub., Tract A to same; & Office Zoning for subject property AND rezoning Myron A. Smiths Bayview Sub., Tract A to same (Laura Nall Connolly Trust) This site is located at 3035 Gulf-to-Bay Boulevard on the south side of Gulf-to-Bay Boulevard approximately 350 feet west of McMullen Booth Road. The site is approximately 4.5 acres in size and is vacant. The purpose of the land use plan amendment and rezoning is to allow the construction of an approximately 78,000 square foot “Class A” office. The property will be served by the City’s water and sanitary sewer service. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC (Pinellas Planning Council) and the board of County Commissioners acting as the Countywide Planning Authority. Due to the size and/or intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. The CDB originally reviewed these applications at their public hearing of August 17, 1999, and recommended approval of the annexation application and denial of the land use plan amendment to Residential Office/General and rezoning application to Office. There was substantial public testimony regarding the application primarily in opposition to the requests. After the August 1999 CDB meeting, the applicant revised the application to request a less intensive office Future Land Use Plan classification than originally requested. The original request was for the Residential/Office General Plan classification which allows an F.A.R. of .50; the revised request is for Residential Office/Limited with a F.A.R. of 40. In addition, the applicant initiated two studies to respond to concerns at the 1999 public hearing. The first study is a transportation analysis prepared by Lincks and Associates, Inc. Dated March 2000. The second study is an archaeological and historical study prepared by Archaeological Consultants, Inc. dated July 12, 2000. On December 12, 2000, the Commission heard the applications as revised. The Commission determined that further review and discussion by the CDB was warranted due to the revised request and the new traffic and archaeological information. The CDB held a public hearing on January 23, 2001, to review the revised requests. There was substantial public testimony and experts were presented by both the applicant and the opposition. The areas of concern by the opposition included tree protection, traffic and site access issues, site plan considerations such as building height and parking layout, the desire for this site to be used as a park and compatibility of the proposed use with the surrounding neighborhood and other uses. After a lengthy public hearing, the CDB recommended approval of the annexation, revised land use plan amendment and rezoning requests. In response to a question, Ms. Tarrapani said it is unlikely there would be a signal light going west. Public Hearing - Development Agreement with Clearwater Seashell Resort L.L.C. (Kimpton) The subject site is 1.63 acres in area and is located on either side of Third Street between South Gulfview Boulevard and Coronado Drive. It is located within an area identified for a catalytic project by Beach by Design and is a priority candidate for redevelopment on Clearwater beach. The applicant is proposing to construct a 250-room resort hotel 150 feet in height. The proposal also includes 35,000 – 50,000 square feet of retail/restaurant space and an over 833 space garage. The proposal requires use of 184 hotel rooms from the density pool created in Beach by Design and the vacation of Third Street and South Gulfview. The applicant is proposing to begin construction as soon as practical upon approval of the development agreement and commits to the following 1) Construction of improvements and participation in the financing of South Gulfview Boulevard to create Beach Walk generally between First Street an the South Beach Pavilion; 2) dedication of 10 feet for use as public right-of-way abutting Coronado Drive; and 3) availability of 400 parking spaces in the private garage will be made available for public use. The proposal is in compliance with the standards for development agreements and is consistent with Beach by Design. Mr. Stone reviewed the specific aspects of the agreement. City Attorney Pam Akin said the agreement has only minor changes since the last public hearing. She said the Commission will vote on the proposal at the next Commission meeting. In response to a question, Mr. Stone said the applicant is asking for 184 rooms and vacation of Third Street and a portion of South Gulfview; the City is asking for 10 feet on Coronado Drive. He said the City would not expend any dollars up front on behalf of the applicant. In response to a question, Ms. Akin said entering into this development agreement would show the City’s intent to participate in improvements. The Commission will be asked to approve the vacation of Gulfview in a separate agenda item. CLK CITY CLERK 2001 Federal Legislative Package City Clerk Cyndie Goudeau reviewed a draft of Clearwater’s legislative priorities for the new federal budget year. Staff is gathering information regarding the criteria for the different appropriation requests to determine amounts and under which bills to request funding. The final draft will be forwarded to the Commission before Thursday’s Commission meeting. The City’s priorities include: 1) Stevenson Creek Estuary Restoration Program; 2) Brownfields Clean-up; 3) Clearwater beach redevelopment; 4) Wastewater and Reclaimed Water infrastructure; and 5) Fire Department Assistance. Ms. Goudeau said Downtown Redevelopment was not included as part of the draft but staff will be searching for ways to include it in the City’s legislative priorities. In response to a question, Ms. Goudeau said the City is requesting $3 million for Brownfields clean up this year. She said the Fire Enhancement Act does not include facilities. Staff is reviewing pertinent criteria and investigating available grants/funds for each project. It was remarked the City must keep its options open. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6689-01 - approving Beach by Design Mr. Stone said changes to the Beach by Design have been provided to the Commission. He said the special assessment option for financing Beach by Design provides an alternative to spread 50% of the cost to business owners in Sand Key and Clearwater beach. It has never been staff’s intention to use adoption of this document to put in place a special assessment district. Staff has taken the liberty of drafting language to remove that concern and confusion from the Plan. Language also has been proposed to address design guidelines concerning height and spacing of tall buildings. It was remarked although this is a beach plan, it would benefit the entire City. In response to a question, Ms. Akin said the Commission would vote on these amendments at Thursday’s Commission meeting. Agreements, Deeds and Easements Agreement with Pinellas Planning Council re Transfer of Development Rights for Mandalay Beach Club project (JMC Communities of Clearwater III, Inc. / Cheezum) Shortly after the new Land Development Code was adopted, the City processed the site plan and transfer of development rights application for the JMC development on the beach. After the applications were approved, the PPC (Pinellas Planning Council) contacted the City regarding the use of 9 transfer of development rights units that were applied to the site. The City had previously received correspondence from the PPC indicating that the new Code was “consistent” with the Countywide rules. Subsequent to the application on the JMC site, the PPC indicated that they did not understand how the new Code handled the transfer of development rights, and they felt that their rules were not consistent with the City’s new Code. In order to resolve the situation, both the City and the PPC agreed to amend their respective rules, which has been accomplished. Currently, in order to take advantage of the TDR process, a local government must adopt a Special Area Plan pursuant to the Countywide rules. The Beach by Design plan that will be adopted in February 2001 meets this requirement. The agreement provides that the City will not issue building permits for the North Tower until adoption of the Beach by Design plan. It further provides that units transferred to the City shall be used only in compliance with the Countywide Rules. In response to a question, Ms. Akin said this agreement only settles the City’s dispute with the PPC over TDRs. It was felt that although the City does not know what the amendments are, the agreement suggests the City is in agreement with them. Mr. Stone said the City amended the Land Development Code and the PPC initiated changes to their TDR rules. Therefore the City’s agreement and the PPC’s agreement to amend their rules have been accomplished. Agreement settling 3 cases v. Nelson Construction involving damage to Clearwater Gas System gas lines These 3 cases all involve damage claims resulting from construction work being performed by Nelson Construction for Pinellas County on or near Tampa Road. The damage resulted from breaks in Clearwater Gas Company gas lines caused by excavation and road work being performed by Nelson. Staff has asserted the following values for each of these claims: 1) Case No. 00-7118 - $440.54; 2) Case No. 00-7865 - $8,203.95; and 3) Case No. 00-6409 - $692.46. These claims are calculated primarily from 2 factors. One is the actual physical damage to the pipeline and the other is the loss of natural gas. The first item of damage is easy to establish because of existing documentation, but the second item is not documented and the amount of gas the City claims was lost is based upon a calculation. The parties cannot agree on the method of calculation or the amount of lost gas. Consequently, given the difficulty of calculating and proving damages, staff recommends settling these 3 claims for a total of $3,500. In response to a question, Ms. Akin said she felt the settlement was fair to all parties. Part of the City’s damages is a calculation of lost gas that cannot be precisely estimated. She is unsure if Nelson’s insurance company is paying the settlement. Other City Attorney Items Ms. Akin said the Commission has selected a consultant for the City Manager Search process. There had been a concern regarding the exclusivity of that firm and whether they would agree not to represent the County in their County Administrator search. Human Resources Administrator Paul O’Rourke said he contacted Mr. Fox of DMG Maximus. Mr. Fox has suggested that he perform the search for Clearwater and one of his colleague perform the search for the County if his firm is selected to do both. Mr. O’Rourke said the County has indicated their search would involve a 6 to 9 month timeframe. All indications are that DMG Maximus is not under consideration for the County search. It was remarked that it would not be in the City’s best interests to permit overlapping timelines for the City and County searches. In response to a question, Ms. Akin said typically, a search firm would exclude themselves from another job if they felt it would be considered a conflict with another client. She suggested the contract with the City include language that Clearwater does not wish DMG Maximus to represent the County. Mr. O’Rourke said Mr. Fox is scheduled to be in Clearwater on February 20 and 21, 2001 to meet with the Commission. He requested permission to meet with Department Directors. He also will return to Clearwater in late March to get confirmation of the profile he develops from the new Commission. Other Commission Action Commissioner Johnson expressed sympathy to Mr. Cadwell for the loss of his wife. Mayor Aungst requested an update on the Beach Entryway Committee meetings. Commissioner Hart said as the Committee has been unable to get cost estimates for improvements, no recommendations would be forthcoming until after Spring Break. The Committee has not reached a consensus on improvements. Some concerns were expressed that $1.5 million for modifications recommended by the City’s roundabout consultant, Barry Crown. Lowering the fountain walls was the last option the Committee considered and a crosswalk on the Causeway was not recommended by anyone on the Committee. Commissioner Hart said a draft report would be submitted by the end of Spring Break. Commissioner Hemerick suggested a crossing guard be added on the ADA crossing on Coronado for Spring Break. Commissioner Hart said staff has indicated funds for a crossing guard need to be determined. He said staffing of Police traffic assistance has been decreased this year. Although fewer people are needed, a decision must be made regarding where staff should be strategically placed. The meeting adjourned at 3:29 p.m.