01/16/2001CITY COMMISSION WORKSESSION
CITY OF CLEARWATER
January 16, 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 9:00 a.m. at City Hall.
Service Awards
Eight service awards were presented to City employees.
Employee of the Month Award - 11/00
The Employee of the Month Award was presented to Nancy Scott, General Services/Administration.
Employee of the Month Award - 12/00
The Employee of the Month Award was presented to Diane E. Smith, Economic Development.
Team Award - Public Works
The December 2000 Team Award was presented to the Public Works Department.
The Commission recessed from 9:19 to 10:16 a.m. to meet as the Pension Trustees and CRA (Community Redevelopment Agency).
PUR PURCHASING
Sun City Sod and Landscaping, sod delivery & installation, 1/19/01-1/31/02, est. $48,000 (PR)
Wesco Turf Inc., one Toro Reelmaster 5400-D five gang mower with attachments, replacement, $27,236.40; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Communications Int'l Inc., 800 MHz radio system maintenance, 4/1/01-3/31/02, $100,284 (GS)
Kaiser Pontiac-Buick GMC Inc., seven 2001 GMC Sonoma compact pickup trucks, replacements, $92,996.25; financing to be provided under City's Master Lease-Purchase Agreement (GS)
E.K. Phelps & Co., Flygt pumps & spare parts, 1/19/01-1/31/02, $195,000 (PW)
Mansfield Oil Company, diesel fuel & unleaded gasoline, 1/19/01-12/15/01, est. $950,000 (GS)
Tampa Armature Works Inc., electric motor rewind & repair (replace numerous small dollar purchase orders), 1-19-01-1/31/02, est. $50,000 (PW)
Bill Heard Chevrolet, one 2001 Chevrolet 15 passenger van, replacement, $21,230; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Bill Heard Chevrolet, four 2001 - 1500 ½ton pickup trucks, replacements, $66,772; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Superior Auto Centers, Inc. d/b/a Goodyear Clearwater, passenger car & light truck tire, 1/19/01-1/31/02, est. $200,000 (GS)
Miller Bearings Inc., 2nd & Final extension, bearings & associated items, 1/19/01-1/31/02, est. $50,000 (PW)
Southern Sewer Equipment, one 2001 Sterling cab & chassis with vac-con sewer cleaner body, $175,000; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Xerox Corporation, increase award ($51,000) to add 2 additional digital copy machines; extend contract from 9/30/05 to 2/28/06, $267,000 (IT)
Declare surplus to city needs various vehicles/equipment (46 items); authorize disposal through sale at Tampa Machinery Auction or transfer to Solid Waste
In response to a question regarding Mansfield Oil, Purchasing Manager George McKibben said the City issued $50,000 in purchase orders for fuel under the emergency provision. This item
is part of the approved amount. Tire service will be included at the next meeting.
BU BUDGET
Approve allocation of $2.2 million of unrestricted retained earnings of Central Insurance Fund to Harborview Center Fund to eliminate cash deficit and interfund loans anticipated as
outstanding at year-end 9/30/01
The Harborview Center Fund was established in Fiscal Year 1994 to capture the operating revenues and associated expenditures of operating the City’s combined retail, restaurant, and
convention center facility known as the Harborview Center. The Harborview Center fund has operated at a net loss since it’s inception. The cash deficit of the Fund has grown by $200,000
to $300,000 annually, and the total cash deficit now stands at approximately $1,822,660 based upon unaudited figures for the year ended September 30, 2000. Last year’s annual operating
deficit net of depreciation was $266,786. By the end of this fiscal year, the total cash deficit will be approximately $2.1 million. In addition, the Harborview Fund has outstanding,
an “advance” from the Special Development Fund in the amount of $86,291, which generates interest expense in the amount of $5,500 annually. Eliminating the deficit cash position and
the outstanding internal loan will save the Fund approximately $106,000 of interest expense on an annual basis. The status of all operating fund reserves was discussed during the Commission
budget workshops of this past year, and at that time, staff suggested reserving a portion of the unallocated reserves of the Central Insurance Fund for this purpose.
Staff is recommending that $2.2 million be allocated from the Central Insurance Fund at first quarter to “pay off” the total of the estimated cash deficit in the Harborview Fund at
year-end 2000/01 and the outstanding internal loan noted above. This will bring the Harborview back into a positive cash position.
In addition, the City Manager is recommending that the annual cash deficit, estimated at approximately $200,000 be budgeted on an annual basis as a contribution from the General Fund
starting in fiscal year 2001/02 in order to avoid this situation in the future.
It was remarked that the Harborview will probably never make a profit. Finance Director Margie Simmons said by paying off the debt on the Harborview Center, the City would realize
over $100,000 annually in interest savings. The deficit would grow if not addressed. Ms. Simmons explained how keeping the Harborview Center an Enterprise Fund would allow the City
to continue to monitor it financially. Concern was expressed that once the Harborview Center is an Enterprise Fund, people would think its operating as it was intended and making a
profit.
Budget Priorities (WSO)
Interim City Manager Bill Horne reviewed the City’s budget priorities and requested the Commission’s feedback: 1) customer focus; 2) quality of place; 3) prosperity; 4) safe, healthy,
and caring community; and 5) major infrastructure maintenance and improvements. The budget planning processing is beginning. Mr. Horne requested Commissioners indicate their individual
priorities for the next 5 years to be included in future discussions.
DS DEVELOPMENT SERVICES
Request for forgiveness of principal & interest on 6 Lot Clearing Liens re property located at 1173 NE Cleveland Street, Bassadena Sub., Blk D, Lot 15 & E½ of Lot 16 (JAM Properties,
Inc. / John McGuire)
The subject site is located at 1173 Northeast Cleveland Street. The new owner/representative of the property, Mr. John McGuire, is requesting forgiveness of the
principal and all of the interest on 6 lot clearing liens which have been placed on it, for a current assessment amount of $2,367.77 (as of November 6, 2000).
This property was posted 6 times for lot clearing violations, beginning on August 23, 1995, through August 12, 1998. The previous owner did not clean up the site. The result was the
City’s lot mowing contractor was retained and paid to clear the property of overgrown grass, weeds, or similar plant materials and debris. Any costs the City incurs on a project like
this one are billed to the property owner, and if not paid in a timely manner, result in placing a lien against the property. Since costs involved were not paid by the property owner,
6 liens on the property remain unpaid. The assessment due directly reflects the costs that have been incurred plus interest for non-payment.
The new owner has kept the property well maintained and is asking for a reduction in the liens affixed. He was aware of these costs at the time of purchase and placed money into escrow.
The owner then approached past City officials to ask for a lien reduction and believed that it was going to occur through that representation. Past City administrators were in favor
of the request, as they wanted to encourage economic development and reinvestment in the community. Legally, the only way these liens can be reduced is through Commission authorization.
On December 13, 2000, this item was heard by the Municipal Code Enforcement Board. Their recommendation was to eliminate the $367.77 in interest, and not reduce the liens below $2,000.
Staff recommends eliminating the lot clearing liens in their entirety for this property, as was recommended by previous City administrators to the applicant, with an understanding that
current staff will prepare detailed criteria to address the necessary applicant(s) requirements for future development incentives relating to lien reduction requests.
In response to a question, the City Attorney said the applicant was told by prior administration, that prior to purchase, the liens would be forgiven.
Concern was expressed that fines and liens should not be forgiven as doing so defeats their purpose and does not uphold the findings of advisory boards. Development Services Director
Jeff Kronschnabl said the Municipal Code Enforcement Board’s recommendation included actual costs incurred to the City minus the costs associated with interest and liens.
FN FINANCE
First Reading Ord. #6693-01 - Relating to use of privately owned vehicles for official city business; amending Sec. 2.328 to set reimbursement rate for same in accordance with Internal
Revenue Service Standards
Currently, the City uses the mileage reimbursement rate set by the State. The rate is currently $.29 per mile and has not changed in at least the past ten years. The costs to operate
a vehicle have continued to increase in that time period. In particular, the cost of fuel has dramatically increased. City employees who drive their personal vehicle for work-related
activities have a significant cost that is only partially reimbursed by the City.
Staff is proposing the State set mileage rate be replaced with the IRS Standard Mileage rate. This rate is $.345 per mile as of January 1, 2001. That rate is adjusted periodically
by the IRS to reflect actual changes in the cost of operating a vehicle. The mileage change will have minimal impact upon the current budget because personal vehicle mileage is a very
small component of the total travel budget.
It was requested staff provide information regarding the number of employees who use their personal vehicles for business. It was commented the City should continue to reimburse employees
according to IRS (Internal Revenue Service) standards.
HM HUMAN RELATIONS
Approve funding for Fiscal Year 2000-2001 in the amount of $100,000 for African-American Leadership Council, Inc. to continue providing youth & family services in North Greenwood Community
pursuant to 5 year grant agreement executed on 11/23/99 (Consent)
African-American Leadership Council, Inc. (Agency) has been operating out of the Holt Avenue Youth Center ( a City-owned facility) since January 1, 2000, under a 5-year grant agreement
with the City which includes the use of the facility. The Agency has been providing youth and family services in the North Greenwood Community for several years. The Agency agrees
to provide the following services: 1) Developmental screenings for children aged 5 years and under; 2) a youth development curriculum for youth aged 10 – 14; 3) an intensive summer employability
skills training program for youth aged 10 –14; 4) a 6-week computer lab for youth aged 10 – 14; 5) nine parent information sessions; and 6) five or more community mobilization activities
such as Kwanzaa and Elders Banquet.
The Agency will be required to provide an annual report of activities consisting of the number of clients served, a detailed end-of-program financial report and most recent independent
financial audit, results of programmatic measurable goals, and commentary on the viability, effectiveness and trends affecting the program and success of same.
Funding for this grant in the amount of $100,000 is included in the Human Relations Department budget for Fiscal Year 2000/2001.
In response to a question, Human Relations Director Eleanor Breland said staff would formalize the evaluation process for all social service programs within the next year.
Approve Agreement with Ervin's All-American Youth Club, Inc., 10/1/00-9/30/01, for club to provide community services in North Greenwood Community with associated grant of $50,000 (Consent)
Ervin’s All-American Youth Club, Inc. (Agency) has been providing youth services in the North Greenwood Community for many years. The City has supported the Agency over the past several
years by providing funding and various in-kind services. The Agency agrees to provide the following services: 1) Tutoring and Homework Club; 2) performing arts; and 3) Academy of Entrepreneurship.
The Agency will be required to provide an annual report of activities consisting of the number of clients served, a detailed end-of-program financial report,
and the most recent independent financial audit, results of programmatic measurable goals, and commentary on the viability, effectiveness, and trends affecting the program and success
of same. The City will provide a grant of $50,000 to fund these services. Funding for this grant in the amount of $50,000 is included in the FY 2000/01 Human Relations Department budget.
In response to a question, Ms. Breland said although accountability measures are in place for this organization, staff has never dictated recordkeeping methods to them. She did not
know how the JWB (Juvenile Welfare Board) funds that were withdrawn affect this organization. Ms. Breland said the Agency has agreed to continue providing the 3 programs the City helps
them support. She did not know who received the salaries under the program. Concern was expressed that the City is supporting something that it does not want to be involved in and
just handing out funds. It was remarked the City is getting a new recreation center that may impact these types of programs.
Mr. Horne said the City intends to focus on the types of programs that are effective and what is in line with City expectations. He said a recent newspaper article incorrectly indicated
that the Commission had already decided not to award this agency funding. In response to a question, Mr. Horne said he had asked Mr. Babalola how he would spend the funds received from
the City. This agency will be monitored to determine their effectiveness.
HR HUMAN RESOURCES
Approve short list of firms to be considered for conducting a City Manager search; schedule sessions for receiving presentations from and interviewing said firms; authorize appropriation
of $30,000 from retained earnings of General Fund to provide funding for the contract for these services
An Executive Search Firm has been used by the City in the past in order to assist in recruiting, finding, and selecting a group of high caliber candidates to be considered for the position
of City Manager. A Request for Proposal (RFP) to solicit bids for a search firm was recently completed.
Eight responses were received and evaluated by the Human Resources Department and an outside consultant and the top three firms were selected based on their: 1) experience/background;
2) reputation/references; 3) analysis of City needs; 4) recruiting and selecting methodology; 5) discovery process; 6) guarantee; and 7) cost.
The Mercer Group, DMG Maximus, and Slavin Management Consultants are recommended to participate in the final selection process with the Commission. Funds in the amount of $30,000 will
be appropriated from the retained earnings of the General Fund at first quarter to provide funds for this service.
The tentative timeline is as follows: 1) Conduct interviews of top 3 firms – February 12, 2001; 2) hire executive search firm – week of February 12, 2001; 3) develop “profile” for
City Manager – 2 weeks; 4) design/conduct recruitment – 4 weeks; 5) screen/evaluate candidates – ongoing; 6) conduct in-depth background checks – 3 weeks; 7) present top 7 – 10 candidates
to Commission – 1 week; 8) conduct selection process with finalists – 2 weeks; 9) select final candidate – 1 week; and 10) negotiate employment contract – 1 week.
Human Resources Director Paul O’Rourke said although staff did not recommend the Bennet group, the Commission could invite them to make a presentation. Staff requires some lead time
to schedule the firms’ presentations to the Commission. Interviews take approximately 30 to 40 minutes each.
It was suggested scheduling a separate meeting for presentations to be heard at 1:00 p.m. on February 5, 2001. Consensus was to add the Bennett group to the list.
IT INFORMATION TECHNOLOGY
Extend existing contract with Nextel Corporation, 2nd Phase incorporating approx. 350 existing City radio users for total of approx. 700 users, est. $110,000 (Consent)
The original Nextel contract was awarded by the Commission August 17, 2000, in accordance with RFP #41-00. The City’s objective was to improve telecommunications service and to identify
potential cost savings for the City’s communication needs, focusing on integration of radio and cellular services.
Of the 5 respondents to the RFP, Nextel was chosen as the City’s new vendor for cellular/radio service. An agreement with Nextel was aggressively negotiated to secure favorable pricing
and terms of service for the City. The agreement includes 2 implementation phases. Phase One, completed in September 2000, and included the conversion and training of approximately
350 radio users to the new Nextel units. Nextel has agreed to provide the Phase Two hardware and associated equipment at no cost, which represents cost savings (not budget savings)
of approximately $30,000.
Phase Two will be funded through a reduction in General support Services chargebacks to user departments. The decrease in radio units being serviced through the radio division will
account for the reduction of infrastructure costs. Costs for implementation of Phase Two will not exceed the amount budgeted to maintain the current radio units to be replaced. First
quarter budget amendments will reflect the reduction in the Radio Communication budget and related service charges in the Garage Fund offsetting the anticipated increase of $110,000
in telephone user charges under the Nextel contract.
Upon completion of this project, the City will benefit from cost savings, increased functionality and performance from a common, Citywide communication system. The Nextel units are
multi-function communications devices with the capability to provide cellular services, radio services, numeric paging, alpha paging, Internet, and email. The Nextel solution provides
the City with a platform that addresses existing needs and positions the City to take advantage of future gains in mobile communications technology. This represents a total expenditure
of approximately $250,750 for Phase One and Phase Two.
It was remarked that this is a replacement of other types of equipment, not an addition. In response to a question, Telecommunications Supervisor Kelly Legg said staff has received
no negative feedback regarding Nextel and the City has been satisfied with their service.
PD POLICE
Approve position increase for Police Department by 1.4 FTEs to staff Police Aides at Clearwater Airpark (Consent)
Since the installation of runway lights at the airpark, there have been complaints from the local neighborhood of planes landing and taking off after dark, in violation of City Ordinance
Section 4.23(2). After assigning Police Aides to the airpark on a temporary basis to report violators, the problems have virtually stopped. The local neighborhood has enthusiastically
supported the added security at the airpark. The presence of the Police Aides providing security and their ability to contact the Police Department rapidly has made it more feasible
for several businesses to keep their corporate planes at the airpark. In addition, stationing Police Aides permanently at the airpark will create an economic benefit by attracting higher
rent paying corporate tenants and selling more fuel. The current Police Aides at the airpark were assigned on a temporary basis and are needed for other duties within the City by the
Police Department. Without the increased security at the airpark, the violations will most likely continue and once again generate complaints from the local neighborhood. The Police
Department will assume all personnel issues and hire the requisite number of personnel. The Police Department also will perform the necessary training.
Marina Operations will reimburse the Police Department for all personnel and operating costs associated with the 1.4 FTE Police Aide positions. First quarter budget amendments will
reflect the increase in the Police Department’s budget of $24,480 to cover these costs for 9 months of Fiscal 2001. In addition, General Fund revenues will recognize a reimbursement
from retained earnings of the Marine & Aviation Fund in the same amount to reimburse the General Fund for these costs. The annual cost for fiscal year 2001/02 for providing this service
is estimated to be $33,293.
In response to a question, Harbormaster Bill Morris said the Police Aides work daily from 8:00 p.m. to 6:00 a.m. He said the same security measures have been taken at the Marina.
He said this process has tremendous support from the community. He said tenants of the Airpark and Marina have expressed their appreciation and indicated a comfort level exists now
that had been lacking previously.
First Reading Ord. #6638-01 - Relating to Security Alarm Systems; amending Sec. 5.46 to increase service charge for False Alarms, to clarify procedures for reinstating a revoked permit,
and to modify exception for newly installed systems; amending Sec. 5.61 to change the title, to require an alarm user that purchases a business or residence having an existing alarm
system to obtain a new permit, and to make a violation of the section a Class IV offense
For the last ten years, the City has imposed a service charge of $30 against an alarm user for each false alarm at the alarm user’s home or business. Because the Police Department’s
cost to enforce and administer the ordinance has increased, the service charge needs to be increased to $50. The alarm ordinance makes it unlawful for a person to operate an alarm system
without an alarm permit or after the permit has been revoked. The amendments will increase the violation from a Class V offense to a Class IV offense and increase the minimum fine from
$35 to $60.
Regarding changing the time period for new installation of alarm systems being exempt from the false alarm service charge from 30 days to 15 days, concern was expressed that 15 days
was too short a period of time. Police Chief Sid Klein said staff will withdraw that portion of the amendment and change it back to 30 days.
PR PARKS AND RECREATION
Presentation - Final Draft of Special Events Procedures Manual
Parks and Recreation Director Kevin Dunbar reviewed the Special Events Manual and Ordinance for the City. He said over the past six months, staff has reviewed the special events process
to ensure its consistency with the City’s objectives.
Administrative Support Manager and Special Events Committee Chair John Russell reviewed the special events process and recommended changes to the special events ordinance. He said
in 2002 the City anticipates 120 events. He said 60% of special events come from the private sector, 10% are City events, and 30% are co-sponsored. He said these events require substantial
staff time to maintain and ensure everyone’s needs are met. He reviewed the events by type, the application process, the City co-sponsorship, special events committee, departmental
roles, venues for events, and cost recovery methods. In response to a question, Mr. Dunbar said there has been no change to the alcohol designated areas or alcohol policy. Concern
was expressed that more enforcement is needed with regard to alcohol use.
First Reading Ord. #6679-01 - Relating to Special Events; amending various Sections in Ch. 22, as recommended by City's Special Events Committee
See above item.
Permit Clearwater Marine Aquarium to display the "Tour of Turtles" public art project within City
Mr. Dunbar said the Clearwater Marine Aquarium wishes to promote the arts using the “tour of turtles” event throughout Tampa Bay. The event will raise funds for local non-profit agencies
from 27 cities throughout Tampa Bay.
Jay Gould, Clearwater Marine Aquarium, said the turtles will be displayed in September 2001 indoors. After hurricane season the turtles will be displayed outdoors in public parks and
wherever local businesses would like to place them. The event requires Commission approval to place the turtles in City parks. They will be bolted to a 500-pound concrete base. All
turtles will be insured for loss/liability and include a 24-hour phone number on the turtle to report damages. The turtles will be constructed of industrial strength fiberglass. In
March 2002, all turtles will be removed and in April 2002 auctioned off with the proceeds going to the Clearwater Marine Aquarium and other causes. The only restrictions on local artists
are the requirement that no designs will be accepted that are socially or morally offensive. He said he hopes Clearwater will be the center of this project as it is coming out of the
Clearwater Marine Aquarium.
PW PUBLIC WORKS
Contract to Azurix North America Underground Infrastructure, Inc. (formerly Madsen-Barr/Philip Utilities Management Corporation, Inc.), sanitary sewer line rehabilitation at various
locations throughout City, $500,000
The City has determined that $500,000 will be necessary to rehabilitate existing sanitary sewer lines over the next year. Our goal is to maintain the sanitary sewer system as is practical
and necessary and minimize disruption in service to our citizens.
Manatee County awarded a contract to Azurix North America Underground Infrastructure, Inc., on September 5, 2000, through a competitive bid process, and with a timeframe ending September
4, 2001. The contract contains an option to be extended by Manatee County for three additional one year periods. Azurix North American Underground Infrastructure, Inc., has agreed
to perform these services based on the established unit prices quoted in Manatee County’s contract. North Clearwater Beach will be the priority area for this effort, and it is anticipated
that 16,000 feet of sanitary sewer pipe will be lined.
In response to a question, Mike Quillen, Engineering Director, indicated this type of liner does not reduce the capacity of the pipe.
PLD PLANNING
Approve initiating a Neighborhood Conservation Overlay District for Coachman Ridge neighborhood and appointing a 7 member study committee
Interim City Manager Bill Horne has recommended approval for the Coachman Ridge neighborhood to begin the Neighborhood Conservation Overlay District Process. The neighborhood successfully
met restrictions and requirements in order to proceed with the designation process.
Coachman Ridge, a neighborhood of 255 single-family homes bounded by Old Coachman Road on the west, Northeast Coachman on the south and east, and Stag Run Boulevard on the north, submitted
an application and petition October 25, 2000, to proceed with the Neighborhood Conservation Overlay District. The Homeowners Association reached the required 60% of property owners
required to sign and return a petition demonstrating their support of the Overlay District. Actual petitions totaled 74% of residents in support of the program. Residents submitted
a list of eleven residents interested in serving on the Neighborhood Conservation Study Committee. Residents recommended Bob Losi to serve as committee chairperson. Residents recommend
Bob Haeusler, Marilyn Kagan, Ken Kellogg, Jet Lightner, John MacBain, and Mitch Vigeveno to join Chairperson Bob Losi for the Study Committee.
The Coachman Ridge Planning Process shall include the following information: 1) January 2001 – City Commission considers petition at a public meeting to determine whether to commence
the neighborhood conservation district designation process for Coachman Ridge and will appoint a neighborhood conservation study committee made up of a chair and six
members selected from the eleven persons previously nominated and approved by the City Manager; 2) January – April 2001 – City Manager initiates a 90-day special area planning process
for Coachman Ridge. Study committee shall serve as an advisory board during the special area planning process and will hold at least four public meetings; 3) May 2001 – prepare rezoning
notices, internal review, and staff reports; 4) June – special area plan and recommendations reviewed by City’s Community Development Board (CDB); 5) July – First Reading and public
hearing at a Commission meeting; and 6) August – Second Reading and final approval at Commission meeting.
In response to a question, Mr. Stone said this overlay allows the neighborhood to bring forward to the City changes in existing regulations that may increase or decrease their restrictive
nature. Anything they ask for must meet a public purpose test. It would not affect existing deed restrictions. The City is not involved in deed restriction issues. He said this action
would impact some staff resources, which will be identified as staff goes through the process.
Agreements, Deeds and Easements
Agreement settling Wings v. City (Consent)
The underlying civil action was brought by Wings, Inc., the owners/operators of a beach merchandise store on Poinsettia Avenue on Clearwater beach. The basis of the suit is three-fold:
1) a claim of inverse condemnation arising from the closing of Wings’ direct driveway access onto Pier 60 Drive; 2) the triggering of an old reverter clause in a deed in the City’s
chain of title to right-of-way, which would cause title to the property to revert to the adjoining property owners; and 3) violation of Wings’ common law right of direct access. The
settlement agreement provides that: 1) Wings will be allowed direct access from Pier 60 Drive by modifying an existing leg of the “roundabout”. The modification will involve widening
the access point and construction of a driveway into the Wings parking lot. The City will bear the costs of construction south of the north boundary of the sidewalk (estimated at $10,210.68),
and Wings will bear all costs of construction north of the north boundary of the sidewalk estimated at $32,917.23); 2) The City will monitor traffic volume into Wings through this access
and have the right to terminate access if the volume exceeds a predetermined level; 3) the case will be dismissed with prejudice; and 4) the City will pay $25,000 to Wings. Providing
access from Pier 60 Drive into Wings’ parking lot by means of the existing leg is not predicted to have a detrimental impact on the operation of the “roundabout”. The settlement of
this case will avoid exposure to a potential damage award that would include business damages and diminution of property value.
In response to a question, Assistant City Attorney Dick Hull said this case involves a loss of access and the effect it would have on the property value. He said the City had been
informed by two roundabout “experts” that access would not have a detrimental effect on the roundabout. It was requested staff provide a copy of the damage estimates. It was remarked
that the City should consider appealing the case if it goes to court.
Commission Discussion Items
Changing 3/12 Work Session & 3/15 meeting to accommodate election
It was suggested moving the March 12, 2001, Work Session and the March 15, 2001, Commission meeting to March 19 and 22, 2001, in order to accommodate the March 13, 2001, election date.
Adjourn
The meeting adjourned at 12:35 p.m.