07/14/2003
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
July 14, 2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cyndie Goudeau
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 1 :01 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Service Awards
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Four service awards were presented to City employees.
Team Award
The July-August Team Award was presented to the Community Response
Team.
The Commission recessed from 1: 11 to 1 :41 p.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
PUR PURCHASING
Approval of Purchases & Declaration of Surplus per Purchasinq Memorandum:
1. Wingfoot Commercial Tire, Clearwater, Florida, purchase contract for new tires
during the contract period: September 1, 2003 through August 31, 2005 for $300,000.
(GS/SW) (Consent)
2. King Engineering Assoc., Tampa, Florida, Engineering design services for
Skycrest traffic calming and upgrade and repair to sewer pipes at a cost of $326,418.
(PW/ENG) (Consent)
3. Carl Eric Johnson, Inc., Tucker, Georgia, purchase contract for Moyno pumping
equipment and spare parts during the period: July 18, 2003 through July 31,2004 for
. $60,000. (PW/WPC) (Consent)
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4. Increations, Treasure Island, Florida, purchase contract for labor and materials
for various concrete requirements during the period: August 1,2003 through July 31,
2004 for $225,000. (PR) (Consent)
5. Tampa Bay Engineering, Clearwater, Florida, Engineering design services for
Beach Pump Station Improvements Phase IV - relocation of Pump Station 16 at a cost
of $71,100. (PW /ENG) (Consent)
6. Declare vehicles and equipment surplus and authorize disposal through sale at
Tampa Machinery Auction, miscellaneous surplus. (Consent)
It was remarked it is good to see Skycrest traffic calming moving forward. In
response to a question, Director of Engineering Mike Quillen said the design for the
traffic calming should be completed in April 2004 and the construction contract awarded
in October 2004.
In response to a question, Purchasing Manager George McKibben said the
Police Department uses various types of vehicles.
In response to a question, Mr. Quillen said Pump Station16 is located behind
City Hall.
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Public Services Director Gary Johnson said the pump station at the intersection
of Mandalay Avenue and Baymont is expected to be completed in late August. The
crosswalk on Baymont and Mandalay currently is progressing.
he original completion date for Pump Station 20 on Island Way was September,
however as there were unforeseen underground conditions, the project is expected to
be completed in November. Mr. Johnson said he does not anticipate increased costs
for the project.
BU BUDGET
1. Adopt a tentative millaqe rate of 5.753 mills for fiscal year 2003/04 and set Public
Hearinqs on the BudQet for 09/04/03 and 09/18/03 to be held no earlier than 6:00 p.m.
(Consent)
Mr. Horne said he does not recommend an increase in the millage for 2003/04.
Budget Director Tina Wilson said the Commission would set the TRIM for the
fiscal year 2003/04 budget and public hearing dates for the budget at Thursday's
Commission meeting. She reviewed the general fund, capital improvement plan for FY
2004, current millage for FY 2003/04, long-term capital opportunities, new positions
added and suggested budget meeting dates.
A budget workshop was scheduled for August 19 at 9:00 a.m.
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Ms. Wilson said the Save our Homes Cap this year was 2.4%. She noted the
value of the home can be raised to market value if the home is sold. She suggested
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once the millage rate is set at Thursday's Commission meeting it not be increased
because of the lengthy and time consuming process involved to raise it.
LIBRARY BUDGET
Library Director John Szabo said a minimum of ten additional FTEs (full time
equivalents) are needed to staff the new library due to its size. The building has been
designed to be as efficient as possible with respect to staffing levels. There will be no
increase in operating hours. Extensive use of volunteers is planned. Mr. Szabo
compared the new main library to other city branches.
In response to a question, Mr. Szabo said the Twigg Library was located at fire
station #49 and closed when the East Library opened. Mr. Szabo said the circulation
usage for North Greenwood for 2003 and information on the Twigg Library were
provided to the Commission. It was requested that detailed information regarding
personnel needs for the new main library be provided to the Commission prior to the
August 19 Budget Workshop. It was remarked Mr. Szabo has thoroughly scrutinized
the personnel needs for the new library and any reductions should be carefully
considered. Although the new main library is a great addition to the City, it was felt in
the future the City should be cognizant of related costs for large projects of this type.
Although grants are obtainable, property values may not always be relied upon to offset
increased costs for large projects.
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Discussion ensued in regard to the proximity of the new main library to the beach
library. It was remarked that proximity is not the only variable the City must consider.
Ms. Wilson said tax revenues had been flat, the City may have been looking at closing
more than just the beach library. A comment was made a number of communities have
one library and Clearwater has five.
PR PARKS AND RECREATION
1. First Readina Ordinance # 7100-03 amendina Sec 22.82 Special Events
Applications relatina to insurance reauirements.
On January 18, 2001, the City Commission approved a series of
amendments to the Special Events Ordinance as recommended by the
Special Events Committee. The rewrite of the Special Events Procedure
Manual and the new ordinance have worked extremely well.
One of the tasks of the Special Events Committee is to continue to
review and update the Special Events Ordinance as needed.
The Committee has determined that several revisions are needed in the
insurance section of the ordinance. They are as follows:
1. Change the provision from when a liability insurance policy is required by the
applicant from "50 persons or more" to "75 persons or more".
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2. Add language that would require liability insurance for special events that
involves a parade, march or rally upon public roadways in Clearwater; involves
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potentially dangerous games, rides, or activities; uses commercial vendors, or
concessionaires.
3. Reflect the amount of liability insurance be equal to, or greater than, the
minimum amount as set by the City of Clearwater's Risk Manager.
4. Reflect the amount of motorized vehicle insurance required be equal to, or
greater than, the minimum amount as set by the City of Clearwater's Risk Manager for
property damage and bodily injury coverage.
The purpose of the proposed revisions is not only to clarify the
insurance section but to also provide additional protection for the applicant,
participants, spectators and the City in regards to Special Events.
These changes will have minimal impact to applicants in that most
are currently complying with these standards on a volunteer basis and in
many cases have liability policies in amounts far greater than what is being
requested.
In response to a question, Parks and Recreation Director Kevin Dunbar said
insurance costs vary depending upon the number of people anticipated at each event
and the type of event being held. He would provide the Commission with hypothetical
scenarios.
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2. Award a contract for the construction of the restrooms/pavilion and infrastructure
improvements at Eddie C. Moore Fields 8 and 9 (Q3-0018-PR) to Brandon Construction
of Palm Harbor. in the amount of $342.771.61. which is the lowest responsible bid
received in accordance with the plans and specifications. (Consent)
The City acquired approximately five acres of land immediately west of
Eisenhower Elementary School to construct additional softball fields, known as Eddie C.
Moore 8 & 9. These fields will replace the Chesapeake Park field, which is now owned
by Calvary Baptist Church and the Bomber Stadium, which has been removed to make
room for the Community Sports Complex.
On September 5, 2002, the City Commission approved an agreement with the
School Board of Pinellas County for the development of a Joint-Use Driveway for
Eisenhower Elementary School and the Eddie C. Moore Fields 8 and 9.
Construction is currently underway to develop the two ballfields and amenities.
Site clearing and installation of light poles are underway. City staff from the
Engineering, Public Works and Parks and Recreation Department is doing much of the
work on the project.
This contract is for the construction of the restroom/pavilion building and
miscellaneous infrastructure improvements at the new ballfield site. The pavilion will
house a small area for concessions, restrooms, and a small office, as well as provide an
area of shade.
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Work will commence upon award and execution of the contract and will be
completed within four months. Completion for the entire project will be December 2003.
Sufficientfunding is available in CIP code 315-93201.
In response to a question, Mr. Dunbar said these fields were displaced by the
Bomber Stadium and by Calvary Baptist Church. He said he did not anticipate
additional staff requirements to maintain them.
PD POLICE
1. Approve position increases for the Police Department of 4.3 FTE to staff an
additional fifteen school crossinQ Quards at a cost of $19.346. (Consent)
Effective for the 2003/2004 school year, Pinellas County School children will be
able to attend the school of their choice. Students living within a two-mile radius of a
school might be required to walk. Because this is a new program, the School Board is
unable to provide specific information at this time to identify how many children will be
walking to specific schools; and the final FTE could increase or decrease.
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Several roadways have been identified as unsafe for children to cross by
themselves and will need to be monitored for safety concerns. Due to new construction
of roadways in the county, some roadways for example Keene Road and Cleveland
Street, Keene Road and Drew Street and Keene Road and Union Street will require two
personnel to monitor each post.
This not only affects the children that attend school in Clearwater, but it will affect
the children that live within the city limits attending a school in another jurisdiction. The
shortage of school crossing personnel is shared by both Largo and Sheriff's
Departments, and they will assist in coverage in many enclaves around the city where
needed.
Due to the hours and new post locations, the Police Department will not be able
to use existing crossing guards from other locations to fill the positions. The Police
Department will need to begin the hiring and training process immediately in order to be
prepared for the new school year that will start in August 2003. Uniforms and
equipment can be purchased from the Police Department's current operating budget.
The addition of these positions will impact the budget in the amount of
$19,346.60 for 2002/2003 and expected cost of $85,984.90 to be included in 2003/2004
budget.
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In response to a question, Police Chief Sid Klein said this estimate of additional
staff is needed to comply with Florida Statutes. He explained the criterion in the Statute.
He did not know if the School Board has eliminated courtesy busing for children within a
two-mile radius of schools wherein children must cross a dangerous roadway. It was
remarked that the Choice Plan also may affect the number of crossing guards needed.
It was remarked that the number of hours a school crossing guard works depends on
the location and number of schools the guard covers.
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2. Approve an aareement between Clearwater Housino Authority (CHA) and the
Clearwater Police Department for Clearwater Housino Authority to fund an additional 2
FTE positions providina services to Jasmine Courts for a period of two years with
inclusion of a one-year renewal option at a cost of $100.000. (Consent)
Jasmine Courts has experienced increased criminal activity since the expiration
of the Public Housing Drug Elimination Program grants. Elimination of those grants
required closing the Jasmine Courts Sub-Station.
The Clearwater Housing Authority is allocating $100,000 for the funding of two
officers and a vehicle to be dedicated to Jasmine Courts to maintain police patrol
presence. Additionally, the Clearwater Housing Authority will provide suitable space to
be utilized as a substation for the assigned officers.
The $100,000 first year funding from the Clearwater Housing Authority to the
Police Department will establish special project code 181-99295, titled "Jasmine Courts".
The deposit of $100,000 for the funding balance of the agreement due on July 1, 2004
will be deposited into this special project code.
The terms of this agreement shall be for a two year period commencing July 1,
2003, and will include a one year renewal option. If additional funding is not allocated,
these positions will be eliminated at the end of the agreement period. A copy of the
agreement is available for review in the Office of Official Records and Legislative
Services.
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Chief Klein noted there has been an increase in crime since the substation has
been closed.
PW PUBLIC WORKS
1. Approve aareement provisions for enoineerino services contracts with the firms
of Jones. Edmunds & Associates. Inc.; Ayres Associates: Parsons: Wade-Trim: Tampa
Bay Enaineerino Group. Inc.: Post. Buckley. Schuh & Jerniaan. Inc.: HDR Enoineerino.
Inc.: McKim & Creed; Grimail Crawford. Inc.; DKS Associates: Advanced Enaineerino &
Desion. Inc. and Cumbey & Fair. Inc. (Consent)
The City's current Engineer of Record contracts expire on August 26, 2003.
On February 28, 2003, a Request for Proposals (RFQ-21-03) was
issued for a new Engineer of Record contract.
On March 31, 2003, twenty-four (24) engineering consulting firms responded to
the RFQ. On April 15, 2003, a selection committee consisting of representatives from
the City Manager's Office, Engineering, Public Utilities, Clearwater Gas System and
Parks & Recreation short listed seventeen (17) of the twenty-four (24) firms. Four (4) of
these firms are small specialty firms that were unanimously selected without the need
for oral technical presentations. The other thirteen (13) firms gave oral technical
presentations on May 7 & 8, 2003.
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The selection committee then ranked the firms and decided to negotiate
contracts with the following twelve (12) consulting firms: Jones, Edmunds & Associates,
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Inc.; Ayres Associates; Parsons; Wade-Trim; Tampa Bay Engineering Group, Inc.; Post,
Buckley, Schuh & Jernigan, Inc.; HDR Engineering, Inc.; McKim & Creed; Grimail
Crawford Inc.; DKS Associates; Advanced Engineering & Design Inc.; and Cumbey &
Fair, Inc.
While negotiating with the twelve (12) firms, attention was given to assuring that
the costs for services by each firm were competitive with contracts entered into with
other clients in the Tampa bay area. Careful consideration was given to drafting
contracts with competitive costs for services over the term of the agreement. Standard
hourly rates have been established and are reflected in the contracts.
The multiplier to be applied to raw salary cost for the "Cost times Multiplier Basis"
for all firms is 3.10%.
By entering into an agreement with the twelve (12) engineering firms, the City
maintains maximum flexibility in making use of the best expertise and talent available in
support of the diverse projects required to implement the Capital Improvement Program.
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In response to a question, Assistant Director of Engineering Glenn Bahnick said
the firms were listed in random order rather than in the order they were ranked. He
explained the evaluation process and said firms could be short-listed based on their final
scores. Mr. Brumback said the difference between non-specialty and specialty firms is
their expertise in certain areas. In response to a question, Mr. Quillen said the City does
not rotate jobs with Engineers of Records, but evaluates each firm on their expertise in
the area needed for a specific project within the City. He said the City can chose not to
use an Engineer of Record if it experiences a problem with them. Public Works
Administrator Mashid Arasteh said in addition to a quality control category, other
parameters have been added to the application that Engineers of Record must
complete.
In response to a question, Mr. Bahnick said when consultants submit proposals,
they submit a specific number of hours for each item. He explained how costs for
salaries and operational costs are derived. He said the agenda item incorrectly
reflecting a 3.10 percentage should be corrected to read 3.1 times the base salary.
2. Public Hearina & First Readina Ordinance # 7140-03 - approve the applicant's
reauest to vacate the W399.78' of the 50-ft railroad easement Iyina alona the South
property line of Lot 15. Clearwater Industrial Park, (A.K.A. 1555 Sunshine Drive), and
dedicate a 10' water line easement proposed to be located adiacent to the South
property line of the W399.78' of said Lot 15. (V2008-03 City of Clearwater/Clearwater
Industrial Park).
The subject property is City-owned and if the vacation request is approved a
request to declare the property surplus will be forwarded for commission consideration
at a later meeting.
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The railroad easement was dedicated on the plat of Clearwater Industrial Park.
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The Planning Department has no objections to the vacation request.
Progress Energy, Bright House, Verizon and Verizon Media Ventures have no
objections to the vacation request.
The City of Clearwater has an eight-inch water line located in the northerly ten
feet of the subject easement and the dedication of a ten-foot water easement is
requested in order to protect access to the water line.
Public Works Administration has no objections to the vacation request.
In response to a question, Mr. Bahnick said in most cases, an easement goes
with the property adjacent to it, however it does not in this case.
3. Approve award of the construction contract for the Stevenson Creek Pump
Station 2 - Force and Gas Main Replacement (Proiect #02-0095-UT) to R. Roese
Contractino Company of Kawkawlin. Michioan. with local offices in Tampa. Florida. in
the amount of $354.200 which is the lowest responsible bid received in accordance with
plans and specifications. (Consent)
The purpose of this contract is to replace the aoed 8-inch-diameter sub-aqueous
force main that runs across Stevenson Creek from sanitary Pumping Station #2 in
Overbrook Park, approximately 800 feet south to the Harbor Drive Right-of-Way, where
it makes a manifolded connection to an existing force main. The force main lies on the
floor of the Stevenson Creek estuary, which is slated for dredging soon. The new
nominal 8-inch diameter High Density Polyethylene force main will be installed
approximately 50 feet beneath the floor of the estuary by the horizontal directional
drilling method.
In order to take advantage of the horizontal drilling contract for the force main,
the Gas Department desires to install a new nominal 2-inch diameter HOPE gas main,
inside a 4-inch casing, to replace their existing 2-inch gas main, also lying nearby on the
floor of the estuary. The Gas Department will supply the pipe and construct the new
connections to their existing facilities. Only the installation of the new main, in the same
bore as the force main, will be provided by this Contractor.
This force main portion of this project was identified in the City's 2001-2002
Approved Annual Operating and Capital Improvement Budget as Project Number
96693, and in the City's 2002-2003 Approved Annual Operating and Capital
Improvement Budget as Project Number 96665, Sanitary Collection and Transmission R
& R, and will be funded from the 96693 account in the Water and Sewer Fund.
The gas main portion of this project was identified in the City's 2002-2003
Approved Annual Operating and Capital Improvement Budget as Project Number 315-
96365, Line Relocation-Pinellas-Maintenance, current available project balance
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$116,000, $28,650 will be transferred to Project 315-96365 from Project 315-96374,
Line Relocation Capitalized Pinellas in third quarter budget amendment.
The anticipated completion date is October 1, 2003.
In response to a question, Mr. Bahnick said the eight-inch forced main is
approximately 20 years old. He said the park is in the middle of a neighborhood. The
public would be notified of the project via door hangars and information provided on C-
View TV. Construction would end at approximately 4:30 p.m. daily.
5. Award a contract for the 2003 Street Resurfacina Contract (03-0019EN) to Ajax
Pavina Industries of Nokomis. Florida for the sum of $1.702.660.85. which is the lowest
responsible bid received in accordance with the plans and specifications. (Consent)
The City of Clearwater's annual street resurfacing program is designed to
prevent the deterioration of roadway and parking lot wearing surfaces, provide a
protective coating and maintain the structural integrity of the road substructure
throughout the City street system. The work consists of utility adjustment, asphalt milling
and asphalt surfacing.
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The streets scheduled for resurfacing in this contract have all been determined
to warrant their inclusion by virtue of an inspection and prioritization process performed
by the Public Works staff. The number and length of streets involved in this resurfacing
contract is limited by the amount of annual funds to be expended at any given time.
In addition to the street resurfacing, the contract will include the parking lot for
Fire Station #47 at Lakeview Road and Highland Avenue and various sites for Parks &
Recreation.
A pre-construction conference will be held immediately after execution of the
contract documents. The contract time schedule will begin sometime during the month
of August 2003. The contract period is for 100 calendar days.
Sufficient funding and budget are available in the Capital Improvement Program
projects 315-92266, Streets, Sidewalks & Bridges, and 315-93286, Parking Lot/Bike
Path Resurfacing to fund $1,694,328.15 the capital project portions of this contract.
There is sufficient budget available in the General Fund cost centers, 010-01220,
Fire Support Services and 010-01250, Emergency Medical Services to fund the
$8,332.70 current operating cost portion of this contract.
In response to a question, Mr.. Quillen said he anticipates that South Glenwood
Avenue would be the first project. He will provide the Commission with a list of streets
being resurfaced. He said South Gulfview at Clearwater Pass is being done as part of a
comprehensive design project instead of this resurfacing project.
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8. Approve a contract with Arnold Brown Properties. a Florida limited partnership. to
sell surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-
0600 for $202.000. subject to terms and conditions contained therein. includina but not
limited to the buyer committina to initiatina construction of a redevelopment project with
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an FAR of not less than 3.0 and of not less than 216.000 square feet. MOL. within 5
years of purchase. (Consent)
The Commission declared the subject parcel that extends along the south side of
Drew Street between Osceola Avenue and North Ft. Harrison, containing 18,709 square
feet, more or less, as surplus on January 23, 2003.
Invitation For Bid No. 11-03 issued on February 3, 2003 invited bids that met the
minimum bid price of $187,000 established by appraisal, and the redevelopment
conditions stipulated by the Commission.
At bid opening on February 18, 2003 Arnold Brown Properties submitted the only
sealed bid meeting all requirements of the Invitation For Bid.
The subject contract, among its provisions, provides that the buyer pay
transaction closing costs, netting the City $202,000 that will accrue in 435-00000-
433507-000-000 (Parking Fund, Lot 7 revenue).
If within 5 years following closing the buyer fails to obtain a development order
and a foundation permit for one or more approved buildings, the City will have the right
to require the buyer to re-convey title to the City upon repayment of the original
purchase price of $202,000.
The subject property is located within the Downtown Core Character District of
the pending Downtown Plan Update. In the Downtown Core District, the maximum
allowable FAR is 4.0 and the maximum density is 70 dwelling units or 95 hotel units. It
is anticipated that the subject property will be combined with the Arnold Brown property
to the immediate south for a total redevelopment site. All redevelopment of the site shall
be consistent with the pending Downtown Plan Update.
In response to a question, Mr. Quillen said the minimum bid price was
established when the Commission declared the property surplus.
In response to a question, Assistant City Manager Ralph Stone said Arnold
Brown is actively marketing the property and expectations are that he will be ready to
start submitting plans for a small hotel, retail, and private on-site parking as soon as the
new library opens.
9. Approve a contract with Gerrv D. Minear and Diane K. Minear to purchase a
portion of Lots 14 and 15. Pinellas Groves Sec. 12-29-15.2150 Ranae Road. for
$635.000 plus boundarv survey and closina costs of $3500 for an estimated total of
$638.500. (Consent)
The current Fire CIP budget plan reflects building a new shop/supply facility, with
design in FY 03/04 and construction in FY 04/05. Fire planned to construct a new fire
training facility in FY 03/04, but the subject potential Shop facility became immediately
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available in the same area. The two projects (training and shop) will exchange time
frames to take advantage of the opportunity to complete the subject purchase for shop
uses.
This project was previously anticipated for funding from Penny for Pinellas funds
in fiscal years 2004 and 2005 in the total amount of $2 million. A third quarter budget
amendment will reflect the appropriation of $638,500 to fund the Shop/Supply Facility in
the current year. The balance of the funding originally anticipated for this project in the
amount of $1,361,500 is proposed to be redistributed to the Fire Training Facility project,
and the change will be formally addressed in the Penny for Pinellas public hearing in
September.
The facility constructed on the subject property will accommodate even the
largest new aerial trucks for servicing. In addition to 5 bays, the facility contains 1,000
square feet of office space and 3 restrooms. It is located close to the existing training
complex, allowing apparatus drop off at the shop while firefighters attend training.
The 7,900 square foot former State vehicle inspection station was listed for sale
at $659,000, and occupies 1.57 acres of land fronting Range Road just west of Belcher
Road.
Two appraisals have been performed for the City: Colliers Arnold Valuation
Services appraised the property at $590,000 on April 24, 2003, and Valuation Services,
Inc. valued the property at $650,000 as of May 5,2003.
A Transaction Screen Environmental Audit was performed by Lee Environmental
Services in October 2000. City Environmental Specialist Karma Killian has reviewed the
report and re-inspected the facility and adjoining properties on May 28, 2003. Ms. Killian
is of the opinion that based on information contained in the report, and her personal site
inspection, that there are no apparent environmental concerns or impairments that
would preclude this property purchase.
Closing and possession is scheduled to occur by not later than August 15, 2003.
In response to a question, Fire Chief Rowland Herald said staff spent time with
General Support Services staff looking at their facility to determine the potential for a
shared facility with a fire station. Due to the need for specialty tools and supplies and to
cordon off the area of the fire station, staff determined the General Services facility
would not be appropriate for the Fire Department's needs.
Deputy Fire Chief Terry Welker presented slides of the facility. He said the City
purchased this property for $650,000 instead of a nearby property for $2 million. Some
changes will be made to the facility including shop/supply and training facilities.
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
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1. Approve the contract for the construction of a 300-space public parking garage
and establish capital project funding for this construction from revenues available in the
Parking System Reserve Fund in the amount of $1,450,000 (Pelican Walk Garage).
(Consent)
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Last year the City Commission directed City Administration to negotiate
with the Pelican Walk property owners to develop a joint public/private
approach for construction of a parking garage on the Pelican Walk site. On
April 3, 2003, the City Commission approved the terms of a Letter of Intent
that Administration negotiated with the Pelican Walk owner and directed
Administration and Legal to develop a final contract for construction of a 300
space public parking garage. This garage will be constructed and owned by
the Pelican Walk owner and will be partially funded by the City. The source
of City funds will come from existing retained earnings in the Parking
System Fund. The following points represent the key terms of the contract:
1.
2.
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9.
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The Pelican Walk property owner will construct, own and operate a 300-space
parking garage.
The garage will open to the public on a first come, first serve basis for a
minimum of 30 years.
The rates in the garage may be no higher than other Florida resort locations and
in no case more than 150% of the City's rate or $3.75 per hour, whichever is
greater.
The minimum hours of operation will be from 10 a.m. to 10 p.m.
The garage will be designed for a minimum life of 40 years.
The garage will be designed to accommodate an additional two levels for future
parking.
The garage will be designed in accordance with Beach By Design guidelines.
The garage design will be required to achieve a quality appearance.
The City will employ an "owner's representative" to review the design and
construction of the garage. This is estimated to cost $50,000.
10. The City shall have the right to review and approve the plans and specifications
for the garage.
11. The Pelican Walk owner will commence construction within 12 months of
approval of the detailed contract.
12. The garage will be maintained in a first class condition.
13. The City will provide an economic incentive of $1,400,000 to the Pelican Walk
owner to construct the garage.
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14. The City agrees to enforce parking violations in the vicinity of the garage.
15. The City will disburse the city funds in the following order: 100% of the cost of
the design upon demonstration of the completion of the design; disbursement of
the remaining funds in conjunction with each one third completion of the
construction of the garage.
16. The City agrees not to participate in or construct additional public parking spaces
within 1000 feet of the parking garage for a period of five years or until the
parking garage meets the definition of "stabilized revenue". This is defined in the
letter of intent. Exception to these restrictions relates to the participation in the
development of a resort in accordance with the provisions of Beach By Design.
17. Should the City desire to build additional parking within one thousand feet of the
garage in the first five years, the Pelican Walk owner will have sixty days to
exercise the right to construct up to 200 spaces at Pelican Walk. If the owner
declines the City has the right to construct the spaces it desires within 1 000 feet
of the garage.
As the Commission is aware the City has struggled for more than five years to
define locations and reasonable funding alternatives for additional public parking on
both north and south Clearwater Beach. Beach By Design identified the future need for
two locations on north beach and two locations of south beach. The Pelican Walk
garage would be the first of these to be constructed.
Pros
a. Three hundred new public parking spaces will be provided on north beach
b. These spaces will assist in the redevelopment of the Mandalay Street
commercial corridor.
c. These spaces will provide additional parking for beach goers.
d. The City will not have to fully fund, own, operate and assume the liability of the
facility.
e. An opportunity exists to add 200 spaces to the garage at no expense to the City.
f. The private sector will assume the revenue risk associated with the garage.
g. The garage improvements and land will remain on the tax roll.
Cons
a. The City will not own or control the garage.
b. Should the garage "cash flow" the City would not benefit from these revenues.
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c. There will be a short duration during which the City will be restricted from
building additional public parking within 1000 feet of the garage, unless
associated with a major resort project.
d. The location is not the most efficient location for beachgoers.
e. The City will commit a "one time" financial commitment of $1.4 million dollars to
assist in the design and construction of the garage and an additional $50,000 for
"owners representative" services.
A third quarter budget amendment will establish a capital project in the amount
of $1,450,000 to fund the construction with allocation from the retained earnings of the
Parking Fund.
Appreciation was expressed that this contract appears to protect the City's
interests.
2. Public Hearinq - Declare surplus for the purpose of exchanqinq the fee simple
estate in a portion of Lot 1, a Resub of Baskins Replat. containinq 2.422 acres, MOL
("surplus parcel"), and approve a Contract For Exchanqe of Real Property between the
City and Clearwater Mall, LLC (Exchanqe Contract"), to exchanqe the City's fee estate
in said surplus parcel valued at $1,200,000 for the fee estate in Pinellas County parcels
15-29-15-65196-000-0034 and 0063 for the sum of $145,000 and Pinellas County
parcels 15-29-15-65196-000-0030, 0060, 0061. 0062 and 15-29-15-65214-002-0180 for
the sum of $1,013,050. (collectively, "exchanqe parcels"), subiect to fulfillment of the
terms and conditions of the exchanqe contract. and of those certain Contracts For Sale
and Purchase of Property between Clearwater Mall. LLC and owners of the exchanqe
parcels, plus estimated interest payments and transaction costs of $41.950 for a total
exchanqe consideration not to exceed $1,200,000.
On September 4, 2002, the City conveyed an irregular 1.271 acre
portion of the current Fire Station #49 site at the former Clearwater Mall to
New Plan Excel Realty Trust in exchange for an equal size parcel on the
east side of Sky Harbor Drive as a replacement site for the fire station.
On September 16, 2002, James M. Millspaugh, MAl, appraised the remainder
2.422 acre portion of the Fire Station #49 property and valued it at $1,200,000, as
improved.
On November 11, 2002, K. Mitchell Caldwell, MAl, appraised Parcel A #15-29-
15-65214-002-0180 (28,159 square feeUO.65 acres), and Parcel (s) B 15-29-15-65196-
000-0030, 0032, 0033, 0060, 0061 and 0062 (108,110 square feeU2.48 acres)
Clearwater Automotive site (Frank L. McKinley & Joel Kehrer, and Salvage Properties,
Inc.) and valued it at $1,013,050.
On November 26,2002, James M. Millspaugh, MAl, appraised parcels #15-29-
15-65196-000-0034,0063 (31,400/0 square feeUO.72 acres)- Ruth M. Mills & Arthur
Miller, Jr.), and valued it at $145,000.
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The underlying purpose of this transaction is to remove from the Downtown
environs, a non-conforming land use which in its current use as an automotive junk yard
and engine storage facility, is both inappropriate for the area, and inhibits opportunities
for redevelopment within this prime infill area.
It is the intention of the City to allow Clearwater Automotive to remain on the
property for up to two years after date of closing, so they can make an orderly transition
to another location, and have time to remove all personal property, equipment and
salvage.
Due to the "value added" incurred in obtaining these parcels, the city will accept
these parcels "as is" and without warranties, and will be responsible for the demolition of
all structures, and for any future environmental due diligence and mitigation.
The Exchange Document stipulates that the City will be responsible for paying
Clearwater Mall, LLC the sum of $5,000 per month, payable in advance, during the
Occupancy Period (July 14, 2003 through, but no later than, February 28,2004) as
remuneration for retaining possession of Parcel 1 until the City opens a replacement fire
station.
In response to a question, Mr. Owens reviewed the parcels included in the
exchange. Mr. Stone said staff would provide the result of the second appraisal for the
fire station. Mr. Owens said staff does not have an estimate for demolishing the
buildings, as remediation may be necessary. He said the City would be responsible for
remediation, however having control of this property is essential for downtown
redevelopment. In response to a question, Mr. Stone said including work done by
consultants, the City paid $1 million for remediation of the former Balk property, which
was offset by grant funds.
Ms. Akin said the purpose for which it was being used affected the remediation
costs of the former Balk property. Office uses and uses other than residential typically
are lower. Mr. Owens said the planned use for this site is office and mixed uses.
3. Homeless Task Force Update (WSO)
Mr. Owens gave a presentation on homeless issues in downtown, including a
proposed homeless strategy for downtown, a national overview of homelessness,
homeless legal rights, enforcement in public places, increased homelessness in Pinellas
County, and a proposed North Pinellas County centralized facility.
In response to a question, Mr. Owens said patrons of the facility are required to
obtain an identification from CHIP. In response to a question, Mr. Owens said there
does not appear to be a direct correlation between increasing services and decreasing
the homeless population.
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In response to a question, Mr. Klein said he did not know if CHIP or the County is
using the HMIS (Homeless Management Information System). He said the Police
Department has made the coalition aware of the need for a centralized automated
system in order to receive HUD funding.
In response to concerns that the homeless problem extends beyond
Clearwater's reach, Mr. Owens said strategies to address the issue include retention of
the CHIP facility and involving the County and State. Mr. Horne said ten major cities
have a ten-year homeless plan and are receiving millions of dollars from HUD to fund
those programs. It was suggested that Clearwater involve other governmental entities
in the homeless issue.
In response to a question, Assistant Housing Director Howie Carroll said
nationally, there is never enough available funding to address homelessness. He said
the ten-year estimate involves 100,000 people that need affordable housing. Those
numbers are not broken down on a local level.
Mr. Owens said on May 28, 2003, the coalition held their first homeless forum
with subsequent meetings in June. The coalition is less concerned with daily problems,
but rather being able to bring homeless individuals into a stable lifestyle. The coalition is
trying to establish a direction and identify funding sources.
Mr. Horne said County Administrator Spratt was instrumental in obtaining a tax
solution for Miami-Dade for the homeless. He said Commissioner Todd did not see that
as a solution in Pinellas County.
In response to a question, Mr. Owens said there is no official rule in place
regarding the public feeding the homeless in Station Square.
Assistant City Attorney Rob Surette said the City could adopt a rule to apply
strictly to Station Square Park regarding prohibition of social service activities such as
feeding the homeless. The ruling also would allow legal enforcement. Mr. Horne said
the City needs to pursue adoption of a rule and to continue to work with the County to
broaden the process, as well as continue to support the CHIP. Mr. Owens said he
would research the ten-year program being used in other cities. Mr. Horne said savings
in this year's Police department budget would provide an additional police presence for
one year in the downtown. It was remarked that one of the contributing problems to
homelessness has been the closing of some of the regional mental health institutions.
In response to a question, Mr. Owens said the "campus" activities would be
buffered with landscaping and by turning the backs of future buildings to Cleveland
Street.
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1. Appoint a City Commission member as votina deleaate to Florida Leaaue of
Cities Conference. Auaust 14-16. 2003.
The Florida League of Cities' Annual Conference will be held at the Wyndham
Palace Resort & Spa in Lake Buena Vista on August 14 - 16, 2003. The conference will
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provide valuable educational opportunities to help Florida's city officials to serve their
citizenry more effectively. It is important each city designate one person to be the voting
delegate.
Consensus was to put Commissioner Jonson on the Consent Agenda as the
City's representative.
2. Brownfields Advisory Board - 2 appointments. (Consent)
Ms. Goudeau said there are two vacancies on the Brownfields Advisory Board.
Current board members Karen Fenton and Rev. William F. Sherman, Sr. are willing and
able to be reappointed.
Consensus was to put Karen Fenton and Reverend William F. Sherman, Sr. on
the Consent Agenda as nominees.
3. Enterprise Zone Development Aqency - 5 appointments. (Consent)
Ms. Goudeau said there are five vacancies on this board and only three are able
and wiling to be reappointed: Isay Gulley, Bob Kinney and Bob Fernandez. Staff will
continue to look for more candidates.
Consensus was to put Isay Gulley, Bob Kinney and Bob Fernandez on the
Consent Agenda as nominees.
4.
Parks and Recreations - 1 appointment. (Consent)
Ms. Goudeau said there are seven nominees for one vacant seat.
Consensus was to put Allen Weatherilt on the Consent Agenda as a nominee.
5. Community Relations Board - 1 appointment & 1 approval (Consent)
Ms. Goudeau said Candace Gardner has resigned. This board no longer has
specific categories. There is one nominee interested in appointment. Captain John
Slack has retired.
In response to a question, Ms. Akin said Andrea Dreyfus does not live in
Clearwater. She will research if this board allows County residents to serve on the
board.
Consensus was to put Captain Anthony Holloway on the Consent Agenda to
replace
Captain John Slack.
Other City Attorney Items
Ms. Akin noted recent legislation passed this year takes effect in July1, 2004 that
would put a fee of $200 every time the City takes someone to County court. Mr.
Goudeau said those costs will be revisited in the next legislative session.
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City Manager Verbal Reports
Mr. Horne said Pinellas County Commissioners will be considering whether to
expand the fluoridation of water.
Assistant Director of Public Utilities Todd Petry said the County is scheduled to
discuss the issue on August 12. The City's Public Works Administrator and Public
Utilities Director would be in attendance. He said the County initially introduced the
fluoridation issue. Several cities already fluoridate their water. This is an optional
service not related to compliance requirements for the water system. Mr. Petry
suggested a public outreach program be introduced, as fluoridation would involve
additional costs to the City. Due to public reaction, staff recommends delaying a
decision until the NAS (National Academy of Science) Study being done in 2004 is
completed.
Commission Discussion Items
It was requested that consideration be given to addressing the Blue Law to
change Sunday hours for sale of alcoholic beverages. It was suggested Ms. Akin bring
forward an ordinance for consideration.
Adjourn
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The meeting adjourned at 5:25 p.m.
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