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12/02/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER December 2, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present:: Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney – arrived 9:06 a.m. Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 9:05 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Award One service award was presented to a City employee. PRESENTATIONS Countywide Economic Development TF – (Richard Gehring) WSO Richard Gehring, Prime Interest, Inc. said his firm is involved in a joint effort with Pinellas County regarding a redevelopment strategy. He said a steering committee has been formed regarding Phase Two of the plan. He invited the City of Clearwater Commission to participate. ED/HSG ECONOMIC DEVELOPMENT/HOUSING Designate Mt. Carmel Community Development Corporation, Inc., a Community Housing Development Organization (CHDO) as per the federal HOME Investment Partnership Program regulations as contained in 24 CFR Part 92, so as to allow them to conduct activities in accordance with program requirements and as outlined in their City of Clearwater CHDO Agreement. Approve the City of Clearwater CHDO Agreement with Mt. Carmel Community Development Corporation in the amount of $77,100. (Consent) Mt. Carmel Community Development Corporation (CDC), Inc., applied in June of this year to be designated as a CHDO as per the federal HOME regulations (24 CFR Part 92) and guidelines incorporated by the City. Mt. Carmel CDC was formed in 1997 as an affiliate of Mt. Carmel Church and is a Florida 501©(3) non-profit organization. Their offices are located in the North Greenwood area of the City. Nearly half of Mt. Carmel CDC’s board is made up of community residents, business owners and elected representatives of the neighborhood. Mt. Carmel CDC has accomplished two projects to date – the rehabilitation of their media-library and computer-learning lab to the west of the church and the development of the educational center to the north. With the assistance of the City’s HOME funds Mt. Carmel’s first housing project planned is the construction of a multifamily elderly rental community consisting of approximately 15 units (+/-) in the N. Greenwood Community. Mt. Carmel CDC applied for HOME funds during this year’s Consolidated Action Plan process and was successful in being awarded a $260,000 allocation for a portion of the development costs of the proposed rental community. Mt. Carmel CDC is now working to secure other financing sources for the proposed rental community. The CHDO funds, along with the HOME allocation will enable Mt. Carmel to begin the design and engineering work necessary for this development. Mt. Carmel is also in the process of acquiring the necessary land where the proposed development will be constructed. The HOME funds will come from the FY2001-02 set-aside of $77,100. In response to a question, Housing Director Howie Carroll said that other agencies participate in the housing program. Approve the City of Clearwater FY 2001-2002 Consolidated Annual Performance and Evaluation Report. (Consent) The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures of Community Development Block Grant and HOME Programs funds to the U. S. Department of Housing and Urban Development (HUD). It serves as the basis for program monitoring for compliance and for financial audits for activities conducted during the FY2001-02 as outlined in the Consolidated Action Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater FY 2001-2002 CAPER contains information on the City’s assessment of activities listed below: Assessment of three to five year goals and objectives Affirmatively Furthering Fair Housing Affordable Housing Continuum of Care Leveraging Resources Citizens Comments Self-Evaluation Through the programs covered under the CAPER a total of 7,899 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and Economic Development. During this past fiscal year twelve (12) homes were rehabilitated and one new home was constructed through our CDBG and HOME Programs. Staff will provide the Commission with a copy of the CAPER. Mr. Carroll said most of the funds carried over are from subrecipients that did not use funds allocated to them during the year, or from the housing pool. FD FIRE Approve a Work Order to Tampa Bay Engineering, Inc up to $205,000. To provide engineering and architectural design services, including CEI work, for the new Northwest Fire Station 51. (Consent) The Fire Department has established, as components of its Strategic Plan Goals, programs to improve responsiveness and provide consistent, high quality and affordable service levels across all areas of the City. Although the Northwest Clearwater area has historically seen 25+ percent of the City’s actual working fires, no fire station exists there. In CY 2000 a Commission-appointed Fire Task Force confirmed the five-year Strategic Plan, which included a recommendation to establish a permanent Fire Station facility on an appropriate site in NW Clearwater. The Commission approved funding the station via Penny for Pinellas. In FY2001 $300,000 was approved and funded for Design-Engineering workload. The project had been delayed awaiting final site selection and purchase, which is now complete. This Work Order with Tampa Bay Engineering provides for survey, geo-technical, architectural, engineering, and permitting services to complete the design and bid phases of the project. Wiiliamson Dacar Associates, Inc., an architectural firm with personnel experienced in designing the Clearwater Mall Fire Station 49, is the sub-consultant providing the architectural services. To minimize time and cost, plans call to modify the basic Station 49 design for Station 51 since the site is of similar size and shape. We are designing the station to accommodate current demands and future mission capabilities. Reviews of potential locations indicate a 1.5-acre site on the south side of Overbrook Ave. near Betty Lane provides responsive capability with minimal adverse effects on the community. This land is part of the 4.2-acre Central Florida Used Auto Parts property recently purchased. Planning and design work needs to begin promptly. Design work will commence upon award. Construction is planned to begin within 180 calendar days, provided annexation and zoning changes have been completed. The station is planned to become operational by early 2004. Design fees of $300,000 and $1.7Mil for construction were included in the budget for the Northwest Station CIP project (91237). In addition, $198,650 of internal Fire Dept. operating funds was transferred to CIP for land purchase. It was remarked that great improvements already have been made to this area. In response to a question, Planning Director Cyndi Tarapani said staff has no concerns about this project. In response to a question, Fire Chief Rowland Herald said plans are to hire firefighters for this station in the calendar quarter prior to its opening. Assistant City Manager Garry Brumback said firefighters that are brought in earlier could help to reduce the backlog of inspection. These positions are in the budget. Some union issues are being negotiated. FINANCE Request for authority to settle the workers’ compensation claim of Claimant, Catherine Slack in its entirety to include medical, indemnity and attorney fees for the sum of $50,000. On 09/22/98, Claimant, a police officer for the City of Clearwater, was participating in a defensive tactics training class when she sustained injuries to her shoulder, neck, and low back. The Claimant eventually had surgical decompression of her right shoulder for a torn rotator cuff and impingement syndrome. Her neck injury, a herniated disc at C5-6, and her low back injury, a chronic lumbosacral strain, have been treated conservatively. The neck and back injury may require surgical intervention in the future. The Claimant, as a result of her work related injuries, sustained a 14% permanent impairment with permanent physical restrictions preventing her from performing patrol duty. The Claimant has a pending application for a work related city disability pension. This settlement is recommended as being in the best interest of the City of Clearwater by the City of Clearwater’s Claims Committee, and the City of Clearwater’s Risk Management Division. In response to a question, Risk Management Specialist Jon Marcin said this settlement is final and releases the City of Clearwater from any further responsibility. CGS Clearwater GAS SYSTEM Adopt Resolution 02-54 to approve a Joint Project Agreement with the State of Florida Department of Transportation (FDOT) to relocate natural gas mains during improvement project FPN: 257103-1-56-1; WPI: 7117191; SPN: 15020-1546, Pinellas County, SR 595/Alt U.S. 19 from Drew Street to Monroe Street at an estimated cost of $400,000. The Florida Department of Transportation (FDOT) has a project to widen/improve S.R. 595/US Alt. 19 from Drew Street to Monroe Street including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas System facilities which conflict with the design. Under the Joint Project Agreement (JPA), the State of Florida’s Department of Transportation general contractor will perform the relocation of existing natural gas mains. Having the State of Florida’s Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96374, Pinellas Line Relocation. In response to a question, CGS Managing Director Chuck Warrington said there would be no interruption in service. Approve Change Order No. 9 with Environmental Consulting and Technology, Inc., of Tampa, Florida, by $70,000. for a new total of $369,273.85 in order to complete additional contamination assessment activities required by the Florida Department of Environmental Protection (FDEP) (Consent) The City Commission on April 21, 1994, approved the original contract, authorizing Environmental Consulting and Technology, Inc. (ECT) of Tampa, Florida, to develop a Contamination Assessment Plan (CAP) and a Contamination Assessment Report (CAR) on the Manufactured Gas Plant (MGP) site located at 400 North Myrtle Avenue. All original fieldwork under the CAP and CAR has been completed and the required reports sent to the Florida Department of Environmental Protection (FDEP). ECT completed the Contamination Assessment Report (CAR) in December 1999, and it was sent to the FDEP for review and recommendations. The FDEP issued a report requesting additional fieldwork to better determine contamination boundaries in certain areas of the former Manufactured Gas Plant site. As a result of FDEP’s comments, five new monitoring wells were installed and seven soil borings were drilled to more completely define the extent of ground water contamination in the north and southeast corner of our property. This additional work was started in January 2001 and was completed by April 2001. On May 16, 2002, CGS received a letter from FDEP requiring additional fieldwork to better define the soil and groundwater contamination on the site. In September 2002, Clearwater Gas System (CGS) met with FDEP to discuss their May 16th letter and the future of the gas plant site. In that meeting, CGS agreed to install 7 new monitoring wells and drill 12 soil samples around the perimeter of the MGP site. This change order incorporates the projected environmental costs for the next 12 months in order to address these additional FDEP requirements. The estimated cost for this additional work is $70,000, which includes a 10% contingency. The funds for these professional services are available in the Environmental Gas Project Code 315-96358, which currently has a balance of $606,640.02. In response to a question, Mr. Warrington said this is the final step in the process. LIB LIBRARY Approve a lease between B.J.E., Inc. of Clearwater and the City for the premises at 483 Mandalay Avenue, Units 106, 107 & 108 for a period of one (1) year to be used as the Beach Branch Library for a total cost of $49,342. (Consent) The Beach Branch Library has been located in the Pelican Walk shopping center at 483 Mandalay Ave. Units 106-107-108 since January 1999. The library previously was located in the Memorial Civic Center at 40 Causeway Blvd. The original lease, approved by the City Commission on November 19, 1998, was for a term of three years with a one-year extension option. This lease commenced on January 1, 1999. The one-year extension option was exercised for calendar year 2002. This lease expires on December 31, 2002. The proposed lease is for a period of one year: January 1, 2003 to December 31, 2003. The total annual cost is $56,100 or $17.00 per square foot. This reflects an increase from the current annual cost of $46,992 or $14.24 per square foot, a 19% increase. The total area of the three units is 3,300 square feet. The Beach Branch Library has a collection of 23,034 items, including the Wickman Nautical Collection. In response to a question, Library Director John Szabo said the $46,992 lease price was for a one-year extension. The City requested the extension be for only one year. He said it is in the range of current lease rates in the area. As a result of this lease, the City receives five parking spaces. Staffing will consist of two full-time employees. SW/GS SOLID WASTE/GENERAL SERVICES Authorize Fleet Maintenance and Solid Waste to serve as warranty agents for manufacturers that sell equipment to the City of Clearwater for the purpose of servicing and repairing said equipment that belongs to the City, city customers and other nearby cities and towns, and to receive parts and labor credit or cash reimbursement for services rendered. (Consent) Solid Waste and Fleet Maintenance has been designated warranty agents for Wastequip of Lakeland, Fl (Rhino compactors) and Heil manufacturing (solid waste truck bodies). We service and repair the equipment and are reimbursed in either cash or parts credit. The revenue helps us offset operating costs. To illustrate how this works, Fleet Maintenance currently has commitments from one manufacturer (Heil) to perform warranty repair work on the solid waste bodies installed on our truck chassis. We have four units under warranty at this time. The agreed price for reimbursement of our labor is $54 per hour. The parts would be shipped to us with an invoice and we would file a claim for reimbursement of the cost of the part and the freight. We receive store credit for the labor. The reimbursements will be credits applied to our account at parts Central who is owned by Heil. The credits can be used to buy parts (after warranty period) for these bodies. We are approved to perform warranty work on the seven units purchased by Dunedin for a period of six months. The labor rate and parts process is the same. The estimated annual income credit for all the units is $5,000 per unit. We have a similar proposal from Peterbilt, our chassis manufacturer. Hopefully other opportunities will follow. Serving as warranty agent reduces the downtime of our vehicles since the closest authorized repair facility is located in Tampa. A considerable cost savings is involved since two drivers and one vehicle is used to deliver and pick up these trucks in Tampa. Peterbilt is located in southeast Tampa. We are qualified and able to provide responsive, reliable service to our fleet as well as those of our neighbors. In response to a question, Director of Solid Waste/General Services Bob Brumback said as there is a small market for services to other municipalities, providing those services does not adversely affect our normal capabilities. He said we would pay more per hour if a dealership provided the same services. Clearwater bills the manufacturer at the agreed upon rate. Award a contract to Atlantic Ford Truck Sales, Inc of Ft. Lauderdale, Florida, for the purchase of a 2003 Sterling LT 9500 roll-off truck in the amount of $102,961. which was the lowest responsive bid in accordance with the specifications and authorize financing under the City’s Master Lease/Purchase Financing Agreement, in accordance with Sec.2.564(1)(d), and authorize initial vehicle preparation costs of approximately $5,000. for a total cost of $107,961. (Consent) Commercial Solid Waste Collection currently operates four roll-off vehicles to collect garbage and trash from large multi-family complexes, business establishments and construction demolition and refurbishment sites. The commercial customer load has increased sufficiently to create the need for an additional service vehicle and will generate the revenue to fund the purchase. The Solid Waste Department plans to operate this vehicle with current staff. This vendor is holding the unit price quoted on 2001 City of Clearwater bid #43-01. Initial vehicle preparation will be accomplished by Fleet Maintenance at an estimated cost of $5,000. The Solid Waste Vehicle Acquisition capital improvement project #315-96438 will reflect a first quarter budget amendment of $102,961 to reflect the lease purchase cost of the vehicle. The $5,000 for the vehicle preparation costs is currently available in the project. The estimated debt service costs of $16,647 in 2002/03 will be reflected in the first quarter budget amendments for the Solid Waste operating fund. Anticipated operating revenues of the Solid Waste Fund will offset these costs. Mr. Brumback said the additional driver for the vehicle would be covered with the additional revenues generated. PW PUBLIC WORKS Approve a contract with Roylee Miller to purchase Druid Heights, Blk C, Lot 8 for $120,000. plus estimated expenses of $1750. for survey, title insurance and closing costs, and approve a Lease Contract with Roylee Miller to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003. (Consent) At its meeting on October 3, 2002, the Commission approved a work order to begin design work to convert the approximately 27 acre Glen Oaks Golf Course into a stormwater management site. With the exception of three residences, the entire road frontage along the north side of Turner Street between Evergreen and Hillcrest Avenues is part of the Glen Oaks property. At the end of July staff contacted the three owners with an offer to have their respective properties appraised at full market value with the intention of negotiating their purchase. All three property owners agreed to allow the City to obtain appraisals of their properties. The subject parcel, located one lot west of Hillcrest Avenue, is one of the three properties. Appraisal Associates of Tampa Bay appraised the subject property at $110,000 on August 21, 2002. Mr. Miller was not agreeable to selling the property for its appraised valuation. He reported he could not locate a comparable replacement property at the appraised value, but would sell for the contract amount, subject to being able to lease the property back for $1.00 and other consideration in order to continue renting the residence to current tenants until August 31, 2003. During the lease period Mr. Miller will be responsible for all maintenance and taxes, as well as providing adequate property damage and liability insurance with the City as additional insured. Sufficient budget and revenue are available in the Capital Improvement Program project 315-96149, Storm System Expansion to fund this purchase, and the anticipated project schedule will accommodate the lease back term. In response to a question, Assistant Director of Engineering Al Carrier said the lease-back provision allows property owners to continue to live on the property. The property owner at 1348 Turner Street was receptive to the City’s purchase offer, but has been out of the country. It is expected he will respond sometime in January. Mr. Carrier said the soccer fields are a secondary component to this item. The retention ponds are necessary. In response to a question, City Attorney Pam akin said the levels of insurance are adequate. Approve a contract with Sunset Point Baptist Church of Clearwater, Florida, Inc. to purchase an approximately 3.455 acre vacant portion of Lot 19, E.A. Marshall’s Subdivision, together with an approximately 29,809 square foot drainage and utility easement over portions of Lots 9, 19 and 20, E.A. Marshall’s Subdivision for $300,000. plus estimated costs of $7,500. for an environmental audit, parcel surveys and closing costs. (Consent) The City’s Stevenson’s Creek Management Plan (“Plan”) has identified the necessity of improving flood plain level of service in northwest Clearwater in the vicinity of Sunset Point Road and King’s Highway. Project 1A of the Plan will address deficiencies in the area of Byram Drive and Flora Drive between Kings Highway and Highland Avenue, and along Huntington Lane east of King’s Highway in order to remove over two dozen structures from the 100 year flood plain. Project improvements will consist of widening approximately 700 feet of the Spring Branch Channel downstream of King’s Highway and construction of a stormwater retention pond. The total surface area of the pond will be about 10 – 11 acres. The proposed purchase will provide approximately 3 1/2 acres of pond area on the north side of Sunset Point Road, with the balance projected to be located on School Board property on the south side of Sunset Point Road and Kings Highway. The additional 50-foot wide drainage and utility easement will allow embankment enhancements and improve conveyance capacity of Spring Branch from Kings Highway to the proposed pond. C. Richard Tobias, MAI, of Evaluation Services, Inc, appraised the subject property as of June 21, 2002. Mr. Tobias valued the fee interest in the 3.445-acre at $240,000 and the 29,809 square foot easement interest at $53,700. The Sunset Point Baptist Church Board of Directors approved a motion be taken to the congregation to sell the property interests for a total of $300,000. An affirmative vote of the congregation authorized the Board enter into the contract on October 20, 2002. A provision of the purchase contract requires that during project construction the City will relocate or otherwise restore the function of a small outbuilding if it is found to encroach into the project area. The projected resolution and cost will be determined and provided for in the bid process. Sufficient budget and Stormwater Revenue are available in Capital Improvement Program project 315-96149, Storm System Expansion to fund this purchase. In response to a question, Mr. Carrier said the remainder of the property is south of this property, owned by the Pinellas County School Board. It was suggested staff look at joining with the property next door, which is a County mitigation area. It was remarked that staff should consider that property again. Mr. Carrier said the small building is a storage shed. Adopt Resolution 02-52 authorizing the City to enter into an agreement with CSX Transportation, Inc, for installation of one (1) 66” stormwater pipe in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044174. A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct one (1) 66” stormwater pipe. The 66” stormwater pipe crossing is located where the CSX Railroad intersects Jones Street, approximately 0.05 miles west of Myrtle Avenue. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $300.00 for a one-time encroachment inventory fee and $1,500.00 for a construction risk fee for a total cost of $1,800.00. Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund project 377-96142, Myrtle Avenue Drainage Improvements, to fund this agreement. In response to a question, Mr. Carrier said this is a part of the town lake and Myrtle Avenue projects, which are intended to solve drainage issues. Accept a Drainage & Utility Easement over and across a portion of the Southwest ¼ of Section 20, Township 29 South, Range 15 East from The Grand Bellagio at Baywatch, a Florida limited partnership. (Consent) For $1.00 and other consideration The Grand Bellagio at Baywatch has conveyed an easement to the City over a portion of its property more particularly described therein for the purposes of constructing, installing and maintaining a 48-inch reinforced stormwater line. Regions Bank, the primary lender for The Grand Bellagio at Baywatch, has consented to the easement grant, along with a previously granted blanket watermain easement, and subordinated the lien of its mortgage to the City’s easement rights. In response to a question, Engineering Director Mike Quillen said the existing drainage ditch to the north has been the subject of correspondence. This drainage pipe will carry the overflow. Approve Change Order No. 1 to the Northeast Advanced Pollution Control Facility Improvements (99-0072-UT) to Westra Construction Corporation of Palmetto, Florida increasing the contract by $772,889. for a new contract total of $10,182,889. and approve a time extension of two hundred-forty (240) calendar days for a revised total completion date of August 14, 2003. (Consent) The Contract to construct the Northeast Advanced Pollution Control Facility Improvements (99-0072-UT) was awarded to Westra Construction Corporation on March 1, 2001 for a total amount of $9,410,000.00. The proposed improvements at the City’s Northeast Advanced Pollution Control Facility include several treatment process improvements including Chlorination System Improvements. The original bids included two options for chemical storage facilities to provide disinfection chemicals for the new chlorine contact chamber. Option 1 included a gaseous chlorine facility and was priced at $325,000.00 and Option 2 included on-site generation of liquid chlorine and was priced at $790,000.00. The decision on selection of the option to implement one of these options was deferred by the City at the time of award of the base contract pending additional evaluations of the disinfection process chemistry. At this time, the City staff has determined that gaseous chlorine will be phased out due to safety concerns and that liquid chlorine will be utilized. The Option 2 facility has been modified to utilize liquid chlorine purchased from commercial bleach suppliers rather than generated on-site. This approach has reduced the cost of Option 2 from $790,000.00 to the amount of $724,479.00 included in the proposed Change Order No. 1. The City of Safety Harbor will be participating in the funding of treatment process improvements at the Northeast plant in accordance with the Interlocal Agreement between the Cities of Clearwater and Safety Harbor. The percentage of funding participation by Safety Harbor is based on the allocated plant capacity to Safety Harbor, which is approximately 29%, or $210,100.00. This change order also includes costs for the Contractor to install an additional flow control valve for installation at the East APC Facility that will be needed to provide proper control of flow diversion between the expanding reclaimed water system from the Northeast plant and the common discharge point at the East plant. The cost of the piping, valves, controls and associated components included in the total change order price is $48,410.00, bringing Change Order No.1 to a total of $772,889.00. There are sufficient budget and revenue in the 02 Water & Sewer Bond Construction Fund projects to fund the $724,479.00 City’s share for the Northeast Improvements, 343-96658, and the $48,410.00 for the Reclaimed Water System, 343-96739. In response to a question, Public Services Director Gary Johnson said this is not related to the chloramine process. Approve the Agreement between the City of St. Petersburg and the City of Clearwater for relocation of the St. Petersburg water main associated with the Kapok Wetland and Floodplain Restoration Project and reimbursement to St. Petersburg in the amount of $70,030. for associated costs. (Consent) The City of Clearwater purchased the Friendly Village of Kapok in order to develop the Kapok Wetland and Floodplain Restoration Project in April 2002. A work order also was approved by the City Commission in April, 2002 with Parsons Engineering Science, Inc. for the design and permitting of the project. The design of the project necessitates the relocation of the City of St. Petersburg’s 36-inch water main that traverses the property. St. Petersburg has requested that the City of Clearwater enter into an Agreement outlining conditions for the relocation of, and securing new easements for the water main. The Agreement also requires that the City of Clearwater reimburse St. Petersburg an amount not to exceed $70,030 for personnel costs, and plan review and inspection services of outside consultants. Sufficient budget and revenue are available in the 02 Stormwater Revenue Bond Construction fund project 377-96141, Kapok Flood Resolution, to fund this agreement. In response to a question, Mr. Carrier said these costs for review of the design and overview of the project are extremely reasonable. As this is Clearwater’s request, staff felt it reasonable for St. Petersburg to have their own inspector oversee the entire project. This project affects one of St. Petersburg’s largest water lines. In response to a question, Mr. Johnson said future liability is St. Petersburg’s responsibility. It was suggested that Mayor Aungst contact St. Petersburg Mayor Baker regarding lowering the costs. Authorize payment to Florida Power Corporation in the amount of $102,985.10, for undergrounding overhead power lines on Mandalay Avenue, Papaya Street and San Marco Streets. (Consent) An integral component of the Mandalay Streetscape project is the undergrounding of all overhead utilities in the project area. Florida Power and the City agreed to a cooperative effort to accomplish this. The City has installed underground conduits for Florida Power’s use as a part of the construction contract to Keystone Excavators approved by the Commission in November 2001. Florida Power is requesting reimbursement in the amount of $102,985.10 for their work efforts to pull the lines through the conduit, relocate transformers, and reinstall services to the businesses. This work was anticipated during the project planning stage and the project budget included this cost. This work concludes the private utility portion of the project. Sufficient funds to make this payment are available in capital project 315-92261, Beach Streetscape. In response to a question, Assistant Director of Engineering Glenn Bahnick said this project is less than other undergrounding projects because the road is being rebuilt. Mr. Johnson said estimated costs for undergrounding along Myrtle Avenue was $1 million per mile. Award the 2003 Tennis Court Resurfacing Contract (02-0077-PR) to Welch Tennis Courts, Inc., of Sun City, Florida for the sum of $37,900.50, which is the lowest responsible bid received in accordance with the plans and specifications. (Consent) Each year the Parks and Recreation Department has a rotating schedule for the resurfacing and patching of tennis courts. The proposed contract for fiscal year 2003 includes resurfacing, patching and the installation of new nets and net posts for nine (9) courts. These nine courts are located as follows: Three (3) courts located at Clearwater Beach Recreational Complex, 69 Bay Esplanade; two (2) courts located at Bay Park on Sand Key, 1551 Gulf Boulevard; two (2) courts located at Forest Run Park, 3450 Landmark Drive; and two (2) courts located at Ed Wright Park, 1326 South Martin Luther King, Junior Avenue. Resurfacing will restore playability of courts to original condition. This project will start as soon as possible after award and execution of contract, and is scheduled to be completed within 60 calendar days. Sufficient budget and revenue are available in the Capital Improvement Program project, Tennis Court Resurfacing, (315-93229) to fund this project. In response to a question, Mr. Bahnick said the life cycle of tennis court surfaces is approximately five years. Ratify and Confirm the City Manager’s approval of an increase to the Chance Management Advisors, Inc. contract for additional professional services for the Pelican Walk Parking Garage Project for an amount not to exceed $20,000. (Consent) In November 2001 Urbitran Associates / Chance Management Advisors, Inc. were retained to conduct a Peer Review of the Parsons Transportation Group Financial Analysis of Parking Garage Alternatives for Clearwater Beach. In February 2002 Urbitran Associates / Chance Management Advisors Inc. were retained to conduct further analysis [conceptual design review, financial forecasts and alternative financing schemes for the Pelican Walk Parking Garage site. At the July 18, 2002 City Commission meeting, the Commission directed staff to have an updated parking demand analysis performed. Chance Management Advisors, Inc. was retained for this project also including a review of current and proposed development, and develop financial forecasts for the Pelican Walk Garage site. The results of the updated parking demand analysis forecasted significant annual deficits for several years. At the November 21, 2002, City Commission meeting staff was directed to continue negotiations between the City and Pelican Walk. Assistant City Manager Ralph Stone requested Chance Management Advisors, Inc. be retained to develop further financial alternatives in relation to the continued negotiations with the Pelican Walk group. Funding is available from the Parking System Operating Budget, Professional Services 435-01333-530100-545-000. In response to a question, Planning Director Cyndi Tarapani said it would take approximately three months to process an amendment to the Code regarding smaller parking space sizes, however there is a flexible review process already in place that would also address sizes of drive aisles, etc. Concern was expressed that Pelican Walk may not be the best location for a garage for beachgoers and if it is built anyway, the subsidy should be minimized. In response to a question, Mr. Quillen said the Code changes implemented in 1999 did not affect the size of parking spaces. PLD PLANNING Public Hearing & First Reading Ordinances 7056-02 and 7057-02 – Land Use Plan Amendment and Rezoning for property at 209-229 Windward Passage from Commercial General to Residential Medium (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East) (The Pools at Windward Passage Homeowners’ Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 This 0.87-acre site is on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway and 950 east of Island Way and is currently developed with eleven (11) two-story, fee simple townhouse units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand-alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property’s zoning designation was reclassified to the Commercial © District, and recently to the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD). The current zoning does not permit stand-alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), to render this site conforming. The Planning Department determined the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the current use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. 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 Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board will review these applications at its regularly scheduled meeting on November 19, 2002 and the Planning Department will report the Board’s recommendation. Long Range Planning Manager Gina Clayton said these applications must be approved by the DCA. The second reading would be sometime next year. It was questioned if it would be easier to amend the code to allow the stand-alone residential. Ms. Clayton stated when the code was re-written a conscience decision was made not to allow that. CM ADMINISTRATION OR&LS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. Approve Agreement with Alcalde and Fay to provide lobbyist services at the federal level from 01/01/2003 to 12/31/2006 at a cost of $72,000. per year, plus expenses not to exceed $3,000. per year. (Consent) Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the federal level. An RFP (Request for Proposal) was released to select a provider for these services. Six invitations were mailed; responses were received from the firms of Alcalde & Fay; Cavarocchi, Ruscio, Dennis Associates, LLC; and City Policy Associates, LLC. The evaluation committee consisting of the City Clerk, two Assistant City Managers, City Attorney, and Finance Director, reviewed the written proposals on November 6, 2002. The committee determined Alcalde and Fay the most responsive to the criteria established in the RFP. Selection criteria were: Overall quality; Experience; Qualifications; Reports from References; and Cost for Services. Alcalde and Fay were retained September 1998 and will complete their Legislative Consultant Services Agreement on December 31, 2002. Working closely with the City and its federal legislative delegates, the Alcalde lobbying team has been instrumental in the appropriation of important federal funding for Clearwater. Priorities for the coming year are being developed and will be forwarded to the Commission. In response to a question, City Clerk Cyndie Goudeau said expenses were estimates by Alcalde and Fay. Their largest expense would be for travel. 2. Clearwater Housing Authority – 1 Appointment Ms. Goudeau said the Code recently was changed to allow 2 members to be county residents employed within the City limits. There is only one nominee, Deborah V. Woodward. The Mayor makes the recommendation for appointment to this board and the City Commission confirms the appointment. It was remarked that Ms. Woodard has been active on the School board and other organizations. 3. Charter Review - Direction Ms. Goudeau said the Commission received information regarding potential issues that may need to be addressed by the Charter Review committee. She said the Commission needs to decide how they wish to appoint board members, receive applications, etc. She reviewed the list of applicants received to date. The appointments will be made in January. The committee’s recommendations need to be finalized in October. Discussion ensued regarding the selection process for committee members. It was remarked the main priority is to ensure the committee represents the diversity of the community. It was requested all applicants complete a standard application form. Consensus was for each Commission member to appoint one member and the remaining members be appointed by the Commission as a whole. Staff will provide information regarding previous procedural matters and questions that were addressed with former Charter Review committees. It was noted that this committee is obligated to conform to the Sunshine Law. Ms. Goudeau said she anticipates the committee would meet twice a month from January – October 2003. The first meeting would be organizational. It was suggested all ideas, concerns, etc. be forwarded to the City Manager and City Attorney. Second Reading Ordinances 1. Ordinance 7059-02, amending Chapter 2, Article III, Division 2, Section 2.081 through 2.085 of the Code of Ordinances to replace the title of the "Airport Authority" with "Airpark Advisory Board", and provide clarification of their powers and duties. It was requested that staff confirm whether or not the City is required by Florida Statutes to refer to this board as an “authority”. Commission Discussion Items 1. Special Work Session re Advisory Boards – Commissioner Jonson Consensus was the Chairs of the CDB (Community Development Board) and the MCEB (Municipal Code Enforcement Board) should also be invited to the Special Work Session. Other Commission Action Commissioner Jonson said he visited Deland, Florida and took pictures, which he will share with the City Commission. He said their downtown looks unique compared to most other cities’ downtowns. Adjourn The meeting adjourned at 11:08 a.m.