Loading...
03/01/2001 . . . CITY COMMISSION MEETING CITY OF CLEARWATER March 1, 2001 Present: Mayor/Commissioner Vice-M ayor /Comm issioner Commissioner Commissioner Commissioner Brian J. Aungst J. B. Johnson Robert Clark Ed Hart F. David Hemerick Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Brenda Moses Interim City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:01 p.m. at City Hall. The invocation was offered by Rabbi Arthur Baseman of Temple B'Nai Israel. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamation: Celebrate Clearwater Neighborhoods Week - 2/25-31/01 ITEM #5 - Presentations a) Library Foundation report on fundraising - Julie Lewis Executive Director of Greater Clearwater Public Library Foundation Julie Lewis updated the Commission on fund raising efforts for the new Clearwater Main Library. She said Jim Harper has accepted the invitation to chair the Capital Campaign. Jim Harper said he felt comfortable that 50% to 60% of anticipated funds would be raised by September 2001 and 80% to 90% by year-end. He said he would periodically report updates to the Commission. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of February 15, 2001, and the special meeting of February 26, 2001, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. mcc03aO 1 1 03/01/01 . ITEM #7 - Citizens to be heard re items not on the Aqenda Jeff Jacobson alleged that City policemen are hired by Scientologists and that the City is helping to promote Scientology's agenda. Ed Hooper thanked Commissioners Johnson, Clark, and Hemerick for their service to the City. Socrates Charoc thanked the Commission for their service. He urged the Commission not to forget downtown. Early Sorenson said development increases costs to the people who live in Clearwater. Jack Alvord expressed concern that the Commission has not placed public health and safety as its number one priority. Joe Evich thanked Commissioners Johnson, Clark, and Hemerick for their service to the City. He encouraged the Commission to appoint Interim City Manager Bill Horne as City Manager. He said staff needs to better inform the Commission. PUBLIC HEARINGS . ITEM #8 - Public HearinQ - Declare surplus for purpose of leasing to PACT, Inc. (Ruth Eckerd Hall), portion of Sec. 9-29-16, containing 41 acres mol; approve lease and facility use agreement with PACT for initial 30 year term, for total rent of $100 payable in advance, subject to and conditioned on City obtaining title to property (PR) In 1977, the City accepted a land donation from Kapok Tree Inn, Inc. (Resolution #77-133) for the development of a performing arts center. On June 4, 1981, the City canceled it's original lease agreement with PACT and sold a portion of the properties to PACT, subject to a right of reverter back to the City upon payment of bond indebtedness which was required to pay for the initial construction. The balance of the lands remaining, continued to be owned by the City. PACT, Inc. is planning on paying off all of the underlying bond indebtedness, which will result in the reverter of fee simple title on the properties owned by PACT to the City. The City will then be the fee simple title owner of the entire parcel; including the performing arts facility, parking lot, entry roads, and other associated properties pertaining to the performing arts center. PACT, Inc. has indicated willingness and a desire to continue to operate the arts facility, to continue to solicit funds, to maintain, repair, and otherwise use and develop the site. Among enhanced provisions of the 30-year lease and facility use agreement: 1) PACT will be responsible for all maintenance, repairs, and care of the site including all exterior and interior areas as well as pay all utilities charges; 2) City to provide annual . mcc03a01 2 03/01/01 . . . funding to PACT beginning with $412,000 for fiscal year 2000-2001 and to continue such payments, adjusted for inflation on an annual basis during the term of the facility use agreement, subject to approval of the annual City budget; 3) the City of Clearwater for the Clearwater Community Chorus and for Clearwater City Players, or other City funded organizations as designated by the City shall be provided up to 1 2 uses per year of Ruth Eckerd Hall for rehearsals and/or performances with no rental fee charged and up to 20 uses of Studio One for rehearsals and/or performances per year at no rental charge; 4) PACT, Inc. shall provide marketing support for City sponsored events at Ruth Eckerd Hall as normally provided to renters of the facility; and 5) if not in default at the end of the lease term, PACT shall have the right and option to extend the term of the lease for an additional period of 30 years. PACT, Inc. is planning a major investment in the renovation of Ruth Eckerd Hall and an addition to the facility which will primarily be funded through private donations. In response to a question, City Attorney Pam Akin said if the Commission approves this item, the City would be taking 3 actions: 1) declaring as surplus for the purpose of leasing to PACT, Inc., a portion of the property containing 41 acres MOL (more or less); 2) approving a lease and facility use agreement with PACT for initial term of 30 years for total rent of $100 payable in advance; and 3) the City will obtain title to the property. One change has been made to the facilities use agreement which changes the baseline date for the City's contribution. Another change is requested to remove the rent provision should the lease be assigned. Harry Cline, representing PACT, said lenders have rejected the financing application because of the rental clause. He said protections in the agreement provide that the applicant cannot sell or assign the property without the City's approval. Commissioner Clark moved to declare as surplus for the purpose of leasing to PACT, Inc. a portion of the south % of the north % of Section 9, Township 29 south, Range 16 east, Pinellas County, Florida, containing 41 acres, more or less, and approve a lease and facility use agreement with PACT for an initial term of 30 years for a total rent of $100 payable in advance, subject to other terms and conditions of the lease, and subject to and conditioned on the City obtaining title to the property. The motion was duly seconded. Commissioner Clark accepted an amendment to the motion to drop the language regarding the rent and change the dates from 2000/2001 to 2001/2002. The seconder agreed. Upon the vote being taken on the amended motion, it carried unanimously. ITEM #9 - Public Hearinq - Res. #01-06 - approving Development Agreement with Clearwater Seashell Resort L.L.C. (Kimpton)(PLD) The subject site is 1.63 acres and is located on either side of Third Street between South Gulfview Boulevard and Coronado Drive. Its is within an area identified for a catalytic project by Beach by Design and is a priority candidate for redevelopment on Clearwater beach. mcc03a01 3 03/01/01 . . . 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 approximately 833-space garage. The proposal requires use of 184 hotel rooms from the unit 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 and the South Beach Pavilion; 2) dedication of ten 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. The Community Development Board (CDB) reviewed the application for flexible development approval at a meeting on February 20, 2001, and approved unanimously the site plan. The CDB also unanimously recommends approval of the Development Agreement by the Commission. Ms. Akin said a motion was filed with the City to cancel this hearing based on insufficient notice. She said today's hearing is a legislative hearing, not quasi-judicial. She recommended denial of the motion to cancel. Consensus was to proceed with the hearing. Charlie Siemon, Siemon and Larsen, explained the changes made to the document since Monday's Work Session. 1) The City is prohibited to build any parking structures within a quarter mile of this project for a period of 5 years, and can add no more than 300 additional parking spaces above what currently exists. This would allow the City to achieve its parking objective. It does not limit the private sector from building additional spaces; 2) the City's option to purchase parking spaces includes language regarding the City's option to acquire them on a condominium basis at fair market value in the event the developer decided to charge unreasonable rates; 3) in the event the Community Redevelopment District (CRD) fails, both parties would negotiate in good faith to devise a workable project. The option of allowing the City to purchase the property at fair market value also was added; and 4) changed the requirement to begin construction within 6 months to 12 months. Other minor changes regarding the wording, none of which are material, also have been included in the final document. Mr. Siemon clarified the confusion regarding the public financing aspect of the agreement. Bill Kimpton, applicant, said this has been a long process and felt the agreement is a good one with which all parties concerned can be proud. Richard Gehring, Kimpton team, said this resort flag hotel would serve as a destination. Amenities include parking, beach walk, and many other components that would spur nightlife. He said getting the plan implemented is the key. mcc03a01 4 03/01/01 . . . Ten people spoke in support of the project although some had concern regarding the elevated walkway and the restrictions on the City's ability to provide additional parking. Seven people spoke in opposition expressing concern regarding parking, non-compliance with the comprehensive plan, vacation of Third Street, etc. David McKanick, representing the applicants, stated the plan is in keeping with the comprehensive plan. He stated public hearings will be required for the vacation of Third Street. He stated there have been no due process violations and there would be written responses to the objections. In response to a question, Ms. Akin said the City has met notice requirements. She reiterated that this is a legislative hearing; not a quasi-judicial hearing. She said there is no merit to the objection filed regarding violation of due process rights. She said a Charter restriction does not apply in this case, as none of the roads under consideration for vacation terminate at the water's edge. She said the vacation of streets will require Commission approval at a later date. In response to a question, Mr. Stone said the applicant would use 185 rooms from the density pool, leaving over 400 rooms for other potential developers that meet all the criteria specified in Beach by Design. In response to a question, Mr. Siemon said the developer would finance all parking spaces, including publicly used spaces. He said as not all the spaces would be used 365 days a year for 8 - 10 hours a day, there would be sufficient parking to meet demand. To ensure no extreme circumstances arise regarding parking rates, language in the development agreement protects the City with the option to control those rates. He was confident in the City's ability to build 300 spaces if necessary without affecting the developer's debt service on the parking garage. Mr. Siemon said there is no limitation as to where the City can put the additional 300 spaces as long as it is outside a quarter mile radius of this project. He said if spaces were placed at the Marina, the City would lose other spaces there and the net gain would not be as great as desired. In response to a question, Mr. Stone said the net gain for public parking depends upon the design achieved after renovation of South Gulfview and the beach walk. He said a rough estimate would be approximately 133 spaces. He explained how the bonus pool works and said staff recognizes that the action taken tonight does not put the bonus pool into effect. The Comprehensive Plan needs to be amended to recognize the related elements in Beach by Design. Staff is in the process of amending the tourist district which links limited use of that pool to within the tourist district. A custom zoning district would not be created. The bonus pool is limited in terms of its geography and for a period of 5 years. He said there is a possibility that some of the units in the pool may never be used. Concern was expressed that these changes were not provided until late today. Concern was expressed the City is forcing the developer to put a specific number of parking spaces in the plan, limiting his ability to provide what is best for the beach. Mr. Stone said staff has attempted to balance the needs of a 250-room resort hotel with the mcc03a01 5 03/01/01 . elements of a good design. He said no one should be surprised that this project is larger than existing buildings at the beach. He said emphasis would be placed on a good design. Mr. Siemon said in order for any of this project or the beach walk to be accomplished, parking spaces must be removed from the beach. He did not feel that the City has placed unreasonable demands on the developer that would cause the character of the project to be compromised. He said an analysis was done to determine the maximum possible parking spaces and the determination was to remove parking from the beach and add 400 in other locations such as between the Pavilion and the Adams Mark Hotel, and possibly Pier 60. Mr. Siemon said the City has final approval of the beach walk design. In response to a question, he said the City cannot sell the units in the density pool. He said the best way to place a value on the units is through the economic benefits that will flow to existing units as a flag resort, such as this one, repositions Clearwater to allow existing business owners to raise rates. Mr. Siemon said if the CRD option fails, the City has the option to purchase the subject property at fair market value. In response to a question, Mr. Stone said staff continues to look for additional locations to build a parking garage prior to completion of the new bridge. He said the incentives Clearwater is providing this developer are minimal and do not compare to the incentives that other cities have offered developers. He said this project provides the only resource for a public parking facility west of Coronado. Mr. Stone said over the past few weeks, staff has been visited by mid-size hotel operators and major restaurants expressing interest in opportunities because of this project. . Commissioner Clark moved to approve a development agreement between the Clearwater Seashell Resort, L.L.C. and the City. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-06 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #01-06. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Johnson, Clark, Hart, Hemerick, and Aungst. None. The meeting recessed from 8:28 to 8:45 p.m. ITEM #10 - (Cont. from 2/15/01) Public Hearing & First Reading Ord. #6641-01 - Relating to Downtown Clearwater Periphery Plan; adopting an amended periphery plan (PLD) AND ITEM #11 - (Cont. from 2/15/01) Public Hearing & First Reading Ords. #6639-01 & #6640- 01 - Downtown Zoning for Northwest & Southwest Expansion Areas of Periphery Plan (PLD) Commissioner Clark moved to continue Items #10 and #11. The motion was duly seconded and carried unanimously. . mcc03a01 6 03/01/01 . . . Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6645-01 - Annexation (& redefining boundary lines of City to include said addition), Town of Bayview Sub., Lots 2 & 3 and vacated portion of CR31 (Laura Nail Connolly Trust) The City Attorney presented Ordinance #6645-01 for second reading and read it by title only. Six persons spoke against the application. Tim Johnson, representing the applicant, said this is for annexation of the property and nothing more. Staff has determined that City services will suffer no degradation, the request meets the Comprehensive Plan, and is consistent with the Community Development Code, etc. In response to a question, Ms. Tarapani said this request is independent of any other requests by the applicant. Commissioner Clark moved to pass and adopt Ordinance #6645-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, and Hemerick. "Nays": Hart and Aungst. Motion carried. ITEM #13 - Ord. #6646-01 - Land Use Plan Amendment to Residential/Office Limited, Town of Bayview Sub., Lots 2 & 3 and vacated portion of CR31 AND change of Land Use Designation for Myron A. Smiths Bayview Sub., Tract A to same (Laura Nail Connolly Trust) The City Attorney presented Ordinance #6646-01 for second reading and read it by title only. Ten persons spoke against the application. Tim Johnson, representative, said the applicant is requesting to change the Land Use Plan, not the zoning. He said the policy of the Countywide Plan is to locate Residential Office Limited where it would serve as a transition from a more intensive to a less intensive public/semi-public use. He said this application meets the requirements of the Countywide Plan. Residential use on this site would use more water than the proposed development mcc03a01 7 03/01/01 . . . and would destroy more trees. He said the Level of Service of Gulf to Bay with this development would operate satisfactorily and has been confirmed by the MPO (Metropolitan Planning Organization). He felt the appropriate land use for this property is Residential Office Limited. It was remarked that two State Senators are interested in trying to obtain funds from FCT (Florida Communities Trust for Public Lands). The problem is as long as the property is under contract, and the asking price remains at the current level, FCT will not get involved Commissioner Johnson moved to pass and adopt Ordinance #6646-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson and Clark. "Nays": Hart, Hemerick, and Aungst. Motion failed. ITEM #14 - Ord. #6647-01 - Office Zoning, Town of Bayview Sub., Lots 2 & 3 and vacated portion of CR31 AND rezoning Myron A. Smiths Bayview Sub., Tract A to same (laura Nail Connolly Trust) Ms. Akin said this rezoning request was contingent upon approval of the previous change to the land use plan, and therefore is mute. Commissioner Clark moved to deny Ordinance #6647-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, Hemerick, and Aungst. "Nays": None. ITEM #15 - Ord. #6681-01 - Annexation (& redefining boundary lines of City to include said addition), Sec. 24-29-15, M&B 11.01, proposed 2100 lakeview Road (City) The City Attorney presented Ordinance #6681-01 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6681-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, Hemerick, and Aungst. "Nays": None. mcc03a01 8 03/01/01 . ITEM #16 - Ord. #6682-01 - Land Use Plan Amendment to Preservation, Sec. 24-29-15, M&B 11.01, proposed 2100 lakeview Road (City) The City Attorney presented Ordinance #6682-01 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6682-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, Hemerick, and Aungst. "Nays": None. ITEM #17 - Ord. #6683-01 - Preservation Zoning, Sec. 24-29-15, M&B 11.01, proposed 2100 lakeview Road (City) The City Attorney presented Ordinance #6683-01 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6683-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and Hemerick. "Nays": None. Absent: Aungst. . ITEM #18 - Ord. #6688-01 - Vacating west 5' of 10' Drainage & Utility Easement lying along east side of Lot 40, Countryside Tract 6 Replat (Ryan, V2001-01) The City Attorney presented Ordinance #6688-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6688-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and Hemerick. "Nays": None. Absent: Aungst. ITEM #19 - 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) . The City Attorney presented Ordinance #6692-01 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6692-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: mcc03aO 1 9 03/01/01 . . . "Ayes": Johnson, Clark, Hart, Hemerick, and Aungst. "Nays": None. ITEM #20 - 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 411 /02, 111 /03, 1011 /03 & 10/1/04 The City Attorney presented Ordinance #6692-01 for second reading and read it by title only. One person spoke against the ordinance. Commissioner Johnson moved to pass and adopt Ordinance #6695-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hemerick, and Aungst. "Nays": Clark and Hart. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #21-30) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #21 - Approval of Purchases per Purchasinq Memorandum: 1) Alltel, cellular digital packet data service, 3/2/01-2/28/02, $135,000 (PO) 2) Hughes Supply Inc., 12 spun concrete light poles, $26,160 (PR) 3) Communications International, 1 st extension, mobile radio batteries & Ericsson radio parts, $50,000 (GS) 4) Sheehan Pontiac-GMC, Inc., one 2001 GMC Savanna 2500 Cargo Van with options, replacement, $17,699; financing to be provided under City's Master Lease-Purchase Agreement (GS) 5) Ericsson, Inc., 1 st extension, repair of portable & mobile radios, 4/7/01-4/30/02, $50,000 (GS) mcc03aO 1 10 03/01/01 . . . 6) Kaiser Pontiac, one 2001 GMC Sierra 3500 cab & chassis with option, replacement, $30,921; financing to be provided under City's Master Lease-Purchase Agreement (GS) 7) Leahchem Industry, Inc., 1 st extension, aluminum Chlorhydrate, 5/1/01-4/30/02, $120,000 (PW) 8) Bobcat Company, lease-purchase financing for 12/12/00 approved purchase of a 2001 Bobtrack 864 loader with attachments, $36,331 (GS) 9) Parsons Engineering Science, EaR, engineering design re intersection Bayshore Blvd. & SR60, $56,663.70 (PW) ITEM #22 - Aqreement with National Development Council, 111/01-12/31/01, develop & assist in implementation of City's community & economic development programs, $40,500 (ED) ITEM #23 - Accept $100,000 Pinellas Public Librarv Cooperative Qrant to be used for construction of new North Greenwood Branch Library (LIB) ITEM #24 - Lease AQreement with Civil Air Patrol SER FL043, an auxiliary of US Air Force, use of city property at Clearwater Airpark, 1000 N. Hercules Ave., for term 111/01- 12/31/03, for $1 (MR) ITEM #25 - Clearwater Police Supplementarv Pension Plan Board of Trustees - confirm appointment of James M. Quinlan (PO) ITEM #26 - Agreement with District Board of Trustees of St. Petersburg Junior College & City's Police Department, cash match funding of $39,000 for 1/1/01-12/31/01, AmeriCorps - Pinellas Project for support of membership (PO) ITEM #27 - Authorize Parks and Recreation Board to solicit public input for naming of new recreation & aquatics center to be constructed on N. Greenwood Ave. (Ray Green Field site) and to have board formulate a recommendation on proposed name to provide to Commission for final decision (PR) ITEM #28 - Work Order to Tampa Bav EnQineerinQ, Inc., engineering & architectural design services, new Sand Key Fire Station, $98,300 (PW) ITEM #29 - Ratifv & Confirm increase of purchase order to Leachem Industries, Inc., chemicals for WPC, from $72,000 to $118,000 (PW) ITEM #30 - Authorize acceptance of $40,000 settlement offer re Short v. City (CA) Commissioner Clark moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. mcc03a01 11 03/01/01 . . . OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Res. #01-07 - Establishing intent to reimburse certain Water & Sewer project costs incurred with proceeds of future tax-exempt financing (FN) A Water and Sewer rate study has been completed which proposes a 7% increase in water and sewer rates effective July 1, 2001, April 1, 2002, January 1, 2003, October 1, 2003, and October 1, 2004. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. The rate study identified a need for approximately $113.2 million in capital projects, with bonds to be used in 2001/2002 of approximately $36,503,000 and 2003/2004 of approximately $48,498,000 to fund a portion of the needed capital improvements. Following is a list of $36,503,000 in projects to be financed from the 2001/2002 bond issue: 1) Northeast Advanced Waste Waster Treatment Carousel - $570,000; 2) laboratory building - $2,199,000; 3) Water pollution control master plan - Phase III and IV - $1,792,000; 4) pump station replacement - $6,060,000; 5) reclaimed water - $2,058,000; 6) Northeast improvements - $3,643,000; 7) water treatment plant - $8,200,000; 8) sewer interceptor lines - $2,781,000; 9) sewer manholes and gravity lines - $1,000,000; 10) water disinfection systems - $1,400,000; 11) water service lines - $1,000,000; 12) Clearwater Harbor sewer line relocation (JPA) - $1,000,000; 13) Clearwater Harbor force main (bridge) - $1,200,000; and 14) Clearwater Harbor water transmission main replacement - $3,600,000. The City anticipates issuing bonds in 2001/2002 to finance these projects. The date of issuance will be determined at a later date based upon market conditions. The Water and Sewer Fund will be incurring expenses on these projects prior to the issuance of the bonds. This reimbursement resolution will allow the City to be reimbursed from the bond proceeds. Commissioner Hemerick moved to authorize establishing the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon the vote being taken, Commissioners Johnson and Hemerick and Mayor Aungst voted "Aye"; Commissioners Clark and Hart voted "Nay". Motion carried. The City Attorney presented Resolution #01-07 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #01-07. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hemerick, and Aungst. "Nays": Hart and Clark. Motion carried. mcc03aO 1 12 03/01/01 . . . ITEM #32 - First Readino Ord. #6762-01 - Amending Sec. 3 of Art. XIX of Appendix A, relating to parking fees (increase from $10 to $12.50 per day for use of revenue generating/timed parking spaces at beach) (PW) There are numerous requests for temporary use of revenue generating/timed parking spaces throughout the City due to construction projects, special events, or various special needs. The Code of Ordinances, Appendix A - Schedule of Fees for use of revenue generating/timed parking spaces is based on the current highest daily fees for metered parking. In December 2000 the City Commission approved a weekend/seasonal parking rate adjustment for all beach parking effective January 1, 2001. The amendment to the schedule of fees reflects the adjusted daily parking rates. Commissioner Johnson moved to approve a fee increase from $10 per day to $12.50 per day for the daily use of revenue generating/timed parking spaces at the beach, according to Article XIX, Streets, Sidewalks, Other Public Parking Places, of Appendix A - Schedule of Fees, Rates and Charges, Code of Ordinances. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6762-01 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6762-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, Hemerick, and Aungst. "Nays": None. ITEM #33 - Aoreement with Harvard Jolly Clees Toppe Architects, architectural services for new Main Library, basic services for $1,213,500 and an additional services allowance of $359,200 for a total amount not to exceed $1,572,700, increasing current not to exceed amount of $1,104,364 by $468,336 (LIB) The revised contract with Harvard Jolly Clees Toppe Architects for architectural services reflects the size (90,000 square feet) and budget ($20.2 million) of the new Main Library approved by the City Commission on September 21, 2000. The architectural fees represent 8.35% of the total construction budget of $14,532,915. The additional services allowance includes the fee for the library design architect, Robert A.M. Stern Architects. The agreement includes a clause that indicates the final scope of the project is dependent on the availability of private funding and that the fees for architectural services may be adjusted accordingly. The State of Florida Department of Management Services is acting at the City's agent in the agreement. Funds for this contract are available in Project #315-93523. mcc03aO 1 13 03/01/01 . . . In response to a question, Library Director John Szabo said the amount of shell space depends on private dollars received. The facility will be built to the full 90,000 square foot plan and shell space would be left vacant until additional funds are obtained. Commissioner Johnson moved to approve the revised contract for architectural services with Harvard Jolly Clees Toppe Architects for basic services in the amount of $1,213,500, and an additional services allowance in the amount of $359,200, for a total amount not to exceed $1,572,700 for the new Main Library, increasing the current not to exceed amount of $1,104,364 by $468,336 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Amendment to 1/21/99 Agreement with State of Florida Department of Management Services/ Building Construction Division (OMS), re project management services for new Main Library, increasing current agreement amount of $170,626 by $88,864 for new total $259,490 (LIB) The State of Florida Department of Management Services' Building Construction division will perform project management services as outlined in the contract. The amendment to the agreement reflects the new project budget of $20,247,061. Building Construction/DMS fees will be adjusted accordingly if the scope of the project changes. Building Construction/DMS services include: 1) Provide direction/consultation to the architect during conceptual schematics phase; 2) provide direction/consultation to the architect during design development phase; 3) provide direction/consultation to the architect during construction documents phase; 4) establish Contractor Selection Team consisting of DMS, the architect, and City personnel; 5) establish Contractor Negotiation Team consisting of the same members as the Selection Team; 6) prepare all contractor documents for preparation/execution on behalf of the City; 7) provide pricing and value engineering review of contract documents; 8) review and analyze contractor activities during construction; 9) analyze and recommend change orders as required; 10) process contractor's pay requests; and 11) participate in substantial and final completion inspections. Funds for this agreement are available in Project #315-93523. Commissioner Johnson moved to approve an amendment to the January 21, 1999, agreement with Building Construction Department of Management Services, State of Florida, for project management services for the new Main Library in the amount of $259,490, increasing the current agreement amount of $170,626 by $88,864, and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon the vote being taken, Commissioners Johnson, Hart, and Hemerick and Mayor Aungst voted "aye"; Commissioner Clark was absent. Motion carried. The meeting recessed from 10:03 to 10:11 p.m. mcc03aO 1 14 03/01/01 . ITEM #35 - Approve a Sports Facility Development Agreement with Philadelphia Phillies listing property located at 2465 Drew Street (corner of Drew St. & Old Coachman Rd.) as primary project site; approve renaming of capital project to "Community Sports Complex Development and Construction"; approve allocation of $2,695,000 of unrestricted retained earnings of Central Insurance Fund (GS) On December 19, 2000, the Commission approved a Use Agreement between the City and the Philadelphia Phillies. Pursuant to Section 20.1.2 of the Use Agreement liThe specific site for the Sports Complex shall by February 15, 2001, (amended to March 1, 2000) have been agreed to by the parties. . ." Additionally, per Section 20.1.3 of the Use Agreement, liThe parties shall, within 1 5 days following satisfaction of the conditions in Section 20.1.2. have: (i) executed and delivered a definitive SFDA (Sports Facility Development Agreement); . . . I . The Sports Facility Development agreement sets forth the respective duties and responsibilities of the parties for the development and construction of a new community sports complex. Approval of the Development agreement is the final action in the site selection process unless something occurs to make this site unusable in which case the City and Phillies may mutually agree to another location. The main components of the SFDA are as follows: 1) The identification of the preferred project site (2465 Drew Street), absent any conditions or adverse results that the parties would agree justify finding an alternative site; 2) the deadlines for conducting environmental, geotechnical investigations and site prep and any necessary site remediation; 3) requires the architect and construction contractor selection process to be followed by the Phillies under the requirements of the Consultants Competitive Negotiation Act; and 4) the project financing components and availability dates for public funds. Per the terms of the Clearwater Stadium Project Term Sheet approved by the Commission on September 7, 2000, the "City will (in addition to its other obligations set forth in this term sheet) make a capital contribution to the Project in the amount of $5 million.1/ Three million ($3 million) has been previously funded from Penny for Pinellas. In a unanimous vote, the commission previously approved, in principal, the transfer of $ 2 million from the Central Insurance Fund to this capital project. Approval of this action makes that transfer recommendation official. In order to complete the funding profile as agreed to in the term sheet and the Use Agreement, staff is requesting additional funding in the amount of $695,000 for the following: 1) $300,000 for infrastructure improvements (roadway and traffic); 2) $250,000 for site work; 3) $115,000 for insurance ($70,000 liability and remediation; $25,000 builders risk), environmental attorney's fees and administration costs; and 4) $30,000 for additional environmental and geotechnical investigation. The extent of site work to be completed by the City will be determined upon the completion of a Site Prep Plan by the Phillies. Therefore, staff is requesting that the $455,000 remaining in the project per the SPJC acquisition agreement be allowed to remain in the project to ensure sufficient funding through the construction of the complex. . mcc03a01 15 03/01/01 . Based upon the funding and uses of this capital project code, staff is proposing the broadening of the project scope and the renaming of this project to "Community Sports Complex Development and Construction," which will allow all related studies, design and construction costs to be captured within this single capital project. Funding will be provided by the allocation of $2,695,000 of the unrestricted retained earnings of the Central Insurance Fund. This includes the original $2 million conceptually approved at the September 7, 2000, Commission meeting. An additional $695,000 is now recommended for allocation from the same source to cover the costs outlined above. The allocation of these additional funds will leave unrestricted reserves of approximately $3.5 million in the Central Insurance Fund (excluding current liabilities). General Support Services Administrator Keith Ashby introduced the Development Team members. He reviewed; 1) the process and timing of approvals; 2) financial aspects; 3) funding responsibilities; 4) economic impacts; 5) current operating expenses; 6) projected operating expenses; and 7) and highlights of the development agreement. He said the project should begin construction October 2002 and be completed by Spring 2003. Eight persons spoke in opposition to the development agreement, primarily due to the proposed location. Five persons spoke in support saying keeping the Phillies in Clearwater will benefit the entire community. . In response to a question, Mr. Ashby said if the City denies the Phillies' final design, the Phillies can withdraw and the City would be obligated under the agreement to pay design costs in the amount of $600,000 to $800,000 and environmental costs of up to $250,000. Regulatory requirements must be met. The Phillies cannot include the $250,000 for remediation as part of their $3 million contribution to the project. There is a cap on the infrastructure costs. In response to concerns that the City is rushing the process, it was indicated that four public hearings, nine Commission meetings and three County Commission meetings have been held regarding this project. Approval of the development agreement also was pushed back 2 more weeks to provide the Commission more time to review the amended document. It was commented that the City is addressing neighborhood issues. In response to concerns regarding flooding in the area, Assistant Director of Engineering Tom Miller said there are a number of issues being addressed in the 6,000 acre basin of the Alligator Creek Watershed: 1) replacing collection systems in the College Hill neighborhood; 2) removing sediment in nearby retention pond; 3) working with the County to assist Clearwater with issues in Rolling Heights neighborhood; 4) Channel A improvements to the east of Old Coachman Road; 5) possibility of replacing or adding additional culverts on US 19 for drainage; and 6) resolution of potential flooding problems in Kapok Mobile Home Park area. Mr. Miller anticipates flooding in the Kapok Mobile Home Park area to be addressed by FY 2002/2004; Alligator Creek Channel A improvements by FY 2003/2004; and US 19 culverts by 2006. In response to a question, Mr. Miller said the City requires developers to mitigate their own drainage problems on their site; not those that are larger than their own site. . mcc03aO 1 16 03/01/01 . Gil Ramos, Oor, said extensive analysis was done of the soil on the subject site. In response to a question, Mr. Ramos said the subject site is typical of land in Florida. Large weight bearing buildings and other development can be built on suspect types of land if proper construction methods are used. Mr. Ramos said he was not concerned about the depth of limestone being 130 feet. He said as it was not part of his contract, he could not offer his opinion as to remediation costs. Mr. Ashby said the foundation costs are the Phillies' responsibility; the site preparation costs are the City's. In response to a question, Mr. Ashby said the Phillies plan to perform more due diligence to find alternative ways to deal with the foundation if sinkholes are found. Mr. Ashby said the final document before the Commission included clarified terms, changed timelines in the City's favor, clarification of impact fee costs, assurance that no credits are included in the $250,000 to be paid by the Phillies, and ensured the City was protected by liability standpoint, agreement that the City would purchase environmental insurance. David Cardwell, Special Counsel to the City, said the term sheet had a special provision regarding a hold harmless clause. The City's environmental insurance would cover the City as the subject site was suggested by the City administration. He said if this site is approved, it will be the most tested and evaluated site ever in the State. In response to a question, Mr. Cardwell said the Phil lies would hire and pay the architects, but the City would reimburse the Phillies if the City denies their design. . In response to a question, Mr. Ashby said staff previously had indicated that the City would incur certain costs for remediation, etc. and that it would have to buy environmental insurance. Discussion ensued and consensus was that this agreement is a good business deal for the City. Some site issues are to be worked through. Risk Manager Leo Schrader said the Acordia Insurance Company agent has contacted several insurers who have interest in the project. He said they require additional information but he is prepared to move forward. It was remarked that the majority of the agreement has not changed. It is important to move forward in order to meet the scheduled deadlines. It was felt unnecessary to stall the approval of this agreement until the new Commission is in place, as the current Commission has been involved in the process from the beginning. Commissioner Johnson moved to approve a Sports facility Development Agreement between the City and the Philadelphia Phillies listing the property located at 2465 Drew Street (on the corner of Drew Street and Old Coachman Road) as the primary project site, approve the renaming of the capital project to "Community Sports Complex Development and Construction", approve the allocation of $2,695,000 of the unrestricted retained earnings of the Central Insurance Fund, and allow the $455,000 remaining which was . mcc03aO 1 17 03/01/01 . . . previously funded to the project per the SPJC acquisition agreement, to remain in the project to ensure sufficient funding through the construction of the complex and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Clark, Hemerick, and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried. ITEM #36 - Lease Agreement with Philadelphia Phillies for Carpenter Field Training Complex (PR) Pursuant to the City's ability to build a new Community Sports Complex, a new lease agreement for the Carpenter Complex will need to be executed. This lease will run concurrently with the new Community Sports Complex Use Agreement. The main components of the Lease Agreement are as follows: 1) The term is for 20 spring training seasons, with the team having 1 five-year extension right and the City and team having 3 mutually agreed upon 5-year extensions; 2) a base rent in the amount of $204,000 annually for the initial 20-year term and $1 during any renewal term; 3) the 50/50 split of any ad valorem taxes assessed the facility; 4) as currently is the case, the City is obligated to maintain the complex in good order and condition. The Phillies are obligated to provide 1 FTE to work out of the complex; 5) no additional budget impact is anticipated. Current resources assigned to this facility will adequately cover the City's responsibility; and 6) the Phillies are granted naming rights authority to license for a third party. The City will have the right to disapprove. The City will receive 50% of any naming rights. In any event, the name "Carpenter" must continue to be used for some portion of the complex or some facility within the complex. Concern was expressed about the $1 per year rent for any renewal beyond the initial 20-year term. Ms. Akin said that amount is required by the term sheet. The initial 20-year rent is an effort on the Phillies' part to repay the City for $2 million of the $5 million the City is paying for the new stadium. Commissioner Johnson moved to approve a Lease Agreement between the City and the Philadelphia Phillies for the Carpenter Field Training Complex and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon the vote being taken, Commissioners Johnson, Clark, Hemerick and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried. ITEM #37 - Work Order to McKim & Creed, engineering services for construction of WPC Consolidated Laboratory to be located at Marshall Street Advanced Pollution Control Facility, $77,400 (PW) This agenda item provides for construction engineering/architectural services for the construction of the WPC Consolidated Laboratory to be located at the Marshall Street Advanced Pollution Control Facility. mcc03a01 18 03/01/01 . This agenda item accompanies the Agenda item that awards the construction contract in the adjusted amount of $2,023,334.04 to Angle & Schmid Construction Company. A Water/Sewer 2002 Revenue Bond Construction Fund will be established. The activity and remaining budget from Project #31 5-96656 Laboratory Building will be moved to the new construction fund. Interim financing in anticipation of the insurance in FY 2002 of Water & Sewer Revenue Bonds will provide the funding for this project. A reimbursement resolution will allow for reimbursement of these costs by the interim financing/bond proceeds. Sufficient budget for this project exists in Project #96656. The planned funding of this project was included in the Water/Sewer Utility Rate Study update recently completed by Burton & Associates. The anticipated completion date of the project is 2002. Commissioner Clark moved to approve the McKim & Creed Work Order for engineering services for the WPC Consolidated Laboratory Construction Services in the amount of $77,400 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #38 - Contract to Anqle & Schmid, Inc., construction of WPC Consolidated Laboratory, $2,119,683.28; approve subsequent Change Order to deduct $96,349.24 (50%) from the contingency, for net amount $2,023,334.04 (PW) . The purpose of this contract is to construct a water quality testing laboratory building at the Marshall Street Wastewater Plant. This laboratory will consolidate the 2 existing laboratory facilities currently operated by the City for more efficient operation and modernize the facility to handle the increasing testing and monitoring requirements stipulated by regulatory permits for wastewater operations. The building is a one-story masonry structure 9,192.5 square feet in size. The exterior of the building was designed to be in keeping with the residential scale and character of the adjacent neighborhood. The total bid of $2,119,683.28 includes a contingency of $192,698.48. staff is recommending reducing the contingency by $96,349,24 (50%), in order to reduce the overall project costs. This reduction of the contingency will not adversely affect the design or function of the building. A Water/Sewer 2002 Revenue Bond Construction fund will be established. The activity to date and the remaining budget of $1,499,371.82 from Project #315-96656 Laboratory Building, will be moved to the new construction fund. Interim financing in anticipation of the issuance in FY 2002 of Water & Sewer Revenue Bonds will provide the funding for this project. A Reimbursement Resolution will allow for reimbursement of these costs by the interim financing/bond proceeds. Mid-year amendments will increase the available budget in 96656 by $523,926.22, of which $400,000 is an increase in the capital project budget, and $123,962.22 will be transferred . mcc03aO 1 19 03/01/01 . . . from Project #315-96685 WPC Master Plan Phase III. This will not impact the scope of #315-96685. The planned funding of this project was included in the Water/Sewer Utility Rate Study update recently completed by Burton & Associates. The anticipated completion date is April 2002. In response to a question, Engineer Director Mike Quillen said staff felt reducing the contingency amount was appropriate because the bid was higher than estimated. Commissioner Clark moved to award a contract for the construction of the Water Pollution Control Consolidated Laboratory (99-0042-UT) to Angie & Schmid, Inc. of St. Petersburg, Florida in the amount of $2,119,683.28, which is the lowest responsible bid received in accordance with plans and specifications, and approve a subsequent Change Order to deduct $96,349.24 (50%) from the Contingency, for a net contract amount of $2,023,334.04, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #39 - Contract to McKim & Creed, construction engineering & inspection (CE&I) services for both Northeast Advanced Wastewater Treatment Plant improvements & Northeast Reclaimed water storage and pumping expansion, $270,400 (PW) Due to proximity and timing, the Northeast Advanced Wastewater Treatment plant (NEAWT) improvements and the reclaimed storage tank and pumping facilities were bid for construction as a single project. This contract will allow the consultant to provide CE&I for both projects. Water Pollution Control's (WPC) cost for CE&I is $101,700; reclaimed water's cost for CE&I is $168,700. In accordance with the Interlocal Agreement between the City and the City of Safety Harbor, Safety Harbor will share in WPC's cost, contributing $30,133.33. This initiative is part of the continuing development of reclaimed water utilization in the City, in accordance with the approved Master Plan. The construction phase of this project is being funded in part by the Southwest Florida Water Management District (SWFWMD). The work order includes CE&I services for the following: reclaimed water transfer and high service pumping facilities, associated reclaimed improvements at the site, overseeing the construction of a new 5 million gallon storage facility, a new plant disinfection system and related equipment, and the development of the plant Supervisory Control and Data Acquisition (SCADA) system programming. The programming work will incorporate the new facilities monitoring and control into the existing plant control systems. In addition to this contract, there is an existing contract with McKim & Creed for CE&I services in the amount of $279,900 for other aspects of the NE AWT improvements. This new contract ($270,400) combined with the existing one $279,900) will bring the total for CE&I services to $550,300, or 5.8% of the $9,410,000 allocated for construction (see accompanying Agenda Item). CE&I services for projects such as these often range from 4 - 10%. mcc03a01 20 03/01/01 . McKim & Creed, Engineer of Record, designed both of these projects. Since they will already be providing CE&I, and given their detailed knowledge of the projects, staff believes they are best suited to provide the additional CE&I services. Interim financing, in anticipation of the issuance in FY 2002 of Water & Sewer Revenue Bonds, will provide funding for the City's share. A Reimbursement Resolution will allow for reimbursement of these costs by the interim financing/bond proceeds. Mid-year budget transfers will establish the budget for WPC's share of CE&I costs to 343-96658 from 315-96672 Northeast Carousel of $71,567, and to 343-96739 from 315-96739 of $168,700, to establish the budget for Reclaimed Water's share of CE&I costs. Project 96658 will be retitled Northeast Improvements. The pump station rehabilitation part of 315-96672 Northeast Carousel project is transferring to the Northeast Improvements project. The planned funding for this project was included in the Water/Sewer Utility Rate Study update recently completed by Burton & Associates. Commissioner Hemerick moved to award a contract to McKim & Creed, P.A., Clearwater, Florida in the amount of $270,400 to provide Construction Engineering and Inspection (CE&I) services for both the Northeast Advanced Wastewater Treatment Plant improvements and the Northeast Reclaimed Water storage and pumping expansion, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. . ITEM #40 - Contract to Westra Construction Corooration, construction of Northeast Advanced Pollution Control Facility improvements & reclaimed expansion, $9,410,000 (PW) Due to proximity and timing, the Northeast improvements and Reclaimed storage tank and pumping facilities were bid for construction as a single product. This is the initial construction for Phase I of the 6-year Water Pollution Control (WPC) master plan. The improvements at the City's Northeast Advanced Pollution Control Facility include several treatment process modifications: disinfection system improvements, internal recycle pumping system improvements, an sludge handling system improvements. The Reclaimed Water system facilities expansion is part of the approved Reclaimed system Master Plan. This contract will cover the reclaimed storage tank and pumping facilities construction. The base contract will include a new chlorine contact facility that will allow the City to meet the Florida Department of Environmental Protection (FDEP) permit requirements, an to expand reclaimed water usage. Alternate bids were received for related building and chemical feed systems. These items will be delayed until the City evaluates a new requirement for effluent water quality, which may require modifications to the current design. Once this issue is evaluated further, the additional work will be included in the Construction Contract by Change Order. The change order will be brought before the commission at the appropriate time. The amount of this change is currently bid at $325,000, but may differ pending the outcome of the evaluation. The Internal Recycle Pump Station will allow the city to phase out an older pumping facility. This item was programmed in the Capital Improvement program to avoid . mcc03aO 1 21 03/01/01 . . . maintenance costs for pump repairs. The sludge handling system modifications will enable the treatment plant to more efficiently de-water and remove organic material in the waste stream. The additional storage capacity will be accomplished by retrofitting an existing structure to increase the plant's ability to handle and dispose of organic material. The reclaimed water facilities expansion will include storage and pumping systems that allow the City to increase utilization of reclaimed water, and to continue to reduce the discharges of treated effluent to surface waters. These additions are integral to the new chlorination facility and the proposed City/County reclaimed water interconnect. The City of Safety Harbor will be participating in the funding of treatment process improvements in accordance with the Interlocal Agreement between the cities of Clearwater and Safety Harbor. The costs subject to the Interlocal Agreement are estimated at $5,809,600, based upon 4 million gallons per day (mgd) of the total plant capacity of 13.5 mgd. (see summary below) The reclaimed water facilities project is being funded in part by 2 grants from the Southwest Florida Water Management District (SWFWMD). The Cooperative Funding Agreements between the City and the Water Management District includes reimbursement of 50% of the cost of reclaimed water pumping and storage facilities up to a maximum of $1,542,500. Interim financing in anticipation of the issuance in FY 2002 of Water & Sewer Revenue Bonds will provide funding to the City's share. A Reimbursement Resolution will allow for reimbursement of these costs by the interim financing/bond proceeds. Mid-year budget transfers will establish the budget for WPC's share of construction costs to 343- 96658: from 315-96658 of $1,245,332.44; from 315-96671 NE Rotary Screen of $556,238; from 315-96672 Northeast Carousel of $623,213.98; from 315-96674 NE Aerated Sludge Tank of $783,452.58; from 315-96679 NE Blower Building of $135,000. Amid-year budget transfer to 343-96739 from 315-96739 of $2,057,900 will establish the budget for reclaimed water's share of construction costs. Project #96658 will be retitled Northeast Improvements. Projects 96671, 96674, 96679 will be closed and their scopes incorporated into 96658. The pump station rehabilitation part of the scope of 96672 also will be incorporated into 96658. An additional mid-year amendment will increase the budget in 343-96658 by $745,000. The planned funding for this project was included in the Water/Sewer Utility Rate Study update recently completed by Burton & Associates. Funding summary: City of Clearwater WPC - $4,088,237; City of Safety Harbor (estimated) - $1,721,363; SWFWMD - $1,542,500; City of Clearwater Reclaimed Water- $2,057,900, for a total of $9,410,000. Additional chlorination equipment or other alliterative disinfectant construction costs will be brought to the Commission as a change order at a later date, after a final determination of the costs and a system has been selected. Estimated amount is $325,000. The planned funding for this project was included in the Water/Sewer Utility Rate Study update recently completed by Burton & Associates. mcc03a01 22 03/01/01 . . . Commissioner Johnson moved to award a contract to Westra Construction Corporation of Palmetto, Florida, in the amount of $9,410,000 for construction of the Northeast Advanced Pollution Control Facility improvements and Reclaimed Expansion (99- 0072-UT), which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #41 - Marine Advisory Board - 1 appointment (eLK) Commissioner Hemerick moved to appoint Edward O'Brien, Jr. The motion was duly seconded and carried unanimously. ITEM #42 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #43 - Other City Attorney Items - None. ITEM #44 - City Manaqer Verbal Reports Interim City Manager Bill Horne extended his sympathies to Parks and Recreation Director Kevin Dunbar for the passing of his father. He reported the trip to Washington, D.C. by the Mayor, himself, Assistant City Manager, and the City Clerk was worthwhile. The administration is pleased that legislators are listening and supporting the needs of Clearwater. ITEM #45 - Other Commission Action Mayor Aungst congratulated the Clearwater High School Boys soccer team who won their championship. He thanked everyone who participated in tonight's meeting. Commissioner Hart explained the letter regarding the Kapok Mobile Home Park from Largo Commissioner Shelby. Commissioner Johnson said he attended the Kennedy School today for the selection of 2 children who will participate in the Special Olympics in Anchorage, Alaska. He mentioned he would not be on the Commission after tonight. ITEM #46 - Adjournment The meeting adjourned at 12:07 a.m. ~t:lP~ ATTEST:~( ~ City Clerk mcc03a01 23 03/01/01