09/07/2000CITY COMMISSION MEETING
CITY OF CLEARWATER
September 7, 2000
Present: Brian J. Aungst Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Ed Hooper Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: William B. Horne II Interim City Manager
Garry Brumback Assistant City Manager
Pamela K. Akin City Attorney
Sue Diana Assistant City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon Albert Tibbetts of St. Cecelia's Catholic Church. 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: Assisted Living Week – September 18 – 24, 2000
ITEM #5 - Presentations
a) Representative Crow presented a $150,000 ceremonial check for the East/West Trail - Phase 2.
b) Chuck Warrington was recognized for receiving the Distinguished Service Award from American Public Gas Association.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of August 17, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Loren Westerburger complimented Scientology volunteer efforts to plant trees for Planet 2000.
Peter Caffentzis recommended the Commission appoint Bill Horne as City Manager.
Norm Lupo objected to disparaging remarks regarding those who oppose the proposed Sports Complex.
Socrates Charo requested the City campaign to attract downtown visitors.
Frank Soule complained significant traffic problems on Nash Street relate to SPJC (St. Petersburg Junior College) activity.
Sam Elliott requested his family’s problem with the City be agendaed for Commission discussion.
Jay Keyes requested the civic center be replaced and commended the Commission’s support of the Jolly Trolley.
Benetta Slaughter reviewed upcoming Main Street program events.
PUBLIC HEARINGS
ITEM #8 - Public Hearing - Fiscal Year 2000-2001 Budget
In her August 29, 2000 memorandum, Budget Director Tina Wilson reviewed budget ordinances: 1) Ordinance #6607-00 establishes millage for FY (fiscal year) 2000/01 at the City Manager’s
proposed rate of 5.5032 mills and 2) Ordinance #6608-00 establishes operating budgets for FY 2000/01.
Changes from preliminary budget: a) General Fund - budgeted revenues & expenditures - $140,720 to develop SPJC (St. Petersburg Junior College) field site; b) General Fund - budgeted
revenues - additional $115,220 of ad valorem proceeds based upon Pinellas County final preliminary figures, of which $50,000 is designated for CHIP (Clearwater Homeless Intervention
Program) and $65,220 remains available for allocation to another program; and d) Water & Sewer Fund - budgeted revenues & expenditures - reflects adopted rate increase.
Based on City Commission direction on August 29, 2000, Ordinance #6609-00, which establishes the operating budget for the Capital Improvement Budget for FY 2000/01, eliminates the $2.8-million
Memorial Civic Center project and reappropriates those funds to new projects: 1) $820,260 for the Police Beach Substation; $1,859,300 for the Sand Key Fire Station; a net decrease of
Penny for Pinellas project funding of $120,440 which will be reflected as an increase to the unallocated Penny funds. Budgeted revenues and expenditures reflect additional $7,710 of
ad valorem proceeds based on final preliminary figures furnished by Pinellas County. These funds are to be allocated to Street Resurfacing.
Budget Director Tina Wilson said budget workshops had been held May 30, July 6, July 13, August 1, and August 29, 2000. It was recommended the $62,500 general fund excess be used to
add another firefighter.
Five people spoke in favor of constructing a Sand Key Fire Station.
In response to a question, Ms. Wilson said the City Commission is being asked to approve the CIP (Capital Improvement Projects) for the next fiscal year, while recognizing the 6-year
plan. Additional public hearings can be scheduled before any project begins.
Commissioner Clark moved to allocate $55,000 to the Fire Department budget with the remainder of the general fund excess for future appropriation or reserve. The motion was duly seconded
and carried unanimously.
Commissioner Johnson moved to approve the FY 2000/01 budget, including the allocation of $55,000 for salary and benefits for one firefighter with the remainder of the general fund excess
for future appropriation or reserve. The motion was duly seconded.
Opposition was expressed to the budget process, budget priorities, and reduction of the road budget.
Upon the vote being taken, Commissioners Johnson, Clark, Hooper, and Mayor Aungst voted “Aye”; Commissioner Hart moved “Nay.” Motion carried.
a) Ord. #6607-00 - Declaring Millage Rate to be levied for Fiscal Year beginning 10/1/00 and ending 9/30/01 at 5.5032 mills
The City Attorney presented Ordinance #6607-00 for first reading and read it in full. Commissioner Clark moved to pass Ordinance #6607-00 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Aungst.
"Nays": Hart.
Motion carried.
b) Ord. #6608-00 - Adopting Operating Budget for Fiscal Year beginning 10/1/00 and ending 9/30/01
The City Attorney presented Ordinance #6608-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6608-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Aungst.
"Nays": Hart.
Motion carried.
c) Ord. #6609-00 - Adopting Capital Improvement Program Budget for Fiscal Year beginning 10/1/00 and ending 9/30/01
The City Attorney presented Ordinance #6609-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6609-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Aungst.
"Nays": Hart.
Motion carried.
Public Hearing - Second Reading Ordinances
ITEM #9 - Ord. #6521-00 - Vacating 3 unnamed rights-of-way directly adjacent to N, S, & E of city owned park, 2015 Broadway, as shown in Plat of La Jolla Sub., less westerly 60' of northerly
r-o-w, subject to retaining rights-of-way full width as sidewalk, drainage & utility easements (City, V00-02)
The City Attorney presented Ordinance #6521-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6521-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #10 - Ord. #6553-00 - Vacating triangle shaped portion of r-o-w lying west of Lot 8, Brown's Court, subject to retaining portion of r-o-w as drainage & utility easement (City, 00-08)
The City Attorney presented Ordinance #6553-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6553-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #11 - Ord. #6564-00 - Annexation, 1765 Saint Croix Dr., Virginia Grove Terrace, Fifth Add., Blk B, Lot 18 (Jeanette Harvey-Evans, A00-12)
The City Attorney presented Ordinance #6564-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6564-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #12 - Ord. #6565-00 - Land Use Plan Amendment to Residential Urban, 1765 Saint Croix Dr., Virginia Grove Terrace, Fifth Add., Blk B, Lot 18 (Jeanette Harvey-Evans, A00-12)
The City Attorney presented Ordinance #6565-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6565-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #13 - Ord. #6566-00 - LMDR Zoning, 1765 Saint Croix Dr., Virginia Grove Terrace, Fifth Add., Blk B, Lot 18 (Jeanette Harvey-Evans, A00-12)
The City Attorney presented Ordinance #6566-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6566-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #14 - Ord. #6571-00 - Vacating North 17' of 27' drainage & utility easement lying along South side of Lot 26, Walden Woods, less westerly 5' (Houser, V00-09)
The City Attorney presented Ordinance #6571-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6571-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #15 - Ord. #6572-00 - Vacating West 3' of 10' Utility Easement lying along east side of Lot 53, Cedar Heights (Gall, V00-10)
The City Attorney presented Ordinance #6572-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6572-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #16 - Ord. #6576-00 - Annexation, 2755 Daniel St., Acker's Sub., Blk 3, Lot 4 (Barry Vogel, A00-14)
The City Attorney presented Ordinance #6576-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6576-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #17 - Ord. #6577-00 - Land Use Plan Amendment to Residential/Office General, 2755 Daniel St., Acker's Sub., Blk 3, Lot 4 (Barry Vogel, A00-14)
The City Attorney presented Ordinance #6577-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6577-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #18 - Ord. #6578-00 - Office Zoning, 2755 Daniel St., Acker's Sub., Blk 3, Lot 4 (Barry Vogel, A00-14)
The City Attorney presented Ordinance #6578-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6578-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #19 - Ord. #6595-00 - Amendments to Community Development Code
Assistant Planning Director Cyndi Hardin reviewed proposed amendments related to monument signs, temporary yard signs, and parking on the grass. In response to a question, she said
a variance related to the impervious surface ration could be approved for a homeowner who has a small property and must fill-in a parking spot that lacks landscaping. Only one space
on the grass, for either a vehicle or boat, is permitted.
One resident spoke in support of the amendments.
Commissioner Hart moved to amend Ordinance #6595-00 on second reading regarding page 6, Section 6 of the ordinance, to delete subsection 4 of Section 3-1407(A) and substitute the following:
4. One designated parking space may be located on the grass in a required front setback adjacent to the driveway located on the property. Access to such designated parking space shall
be by way of the property’s driveway. If the designated parking space can not be maintained as a landscaped area and is either reported by neighboring residents as a detrimental property
or is identified by any Code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block, or
other approved suitable parking material AND regarding page 7, Section 8 of the ordinance, to delete subsection 2 of Section 3-18059N) and substitute the following: 2. One other temporary
yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more
than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each sign does not exceed six square feet. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6595-00, as amended, for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6595-00, as
amended, on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #20 - Ord. #6596-00 - Relating to Schedule of Fees, Rates and Charges, amending Appendix A, Art. XI, Parks, Beaches, Recreation, to increase certain fees for use of facilities by
nonresidents
In response to a concern, the City Attorney said this ordinance only relates to Parks & Recreation fees.
The City Attorney presented Ordinance #6596-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6596-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #21 - Ord. #6605-00 - Relating to salary increases for Mayor and Commissioners; amending Sec. 2.263(1) to provide for annual cost of living adjustment
The City Attorney presented Ordinance #6605-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6605-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark and Aungst.
"Nays": Hooper and Hart.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #22-35) – Approved as submitted less Items #24 & #34
ITEM #22 - Approval of Purchases per Purchasing Memorandum:
1) Book Wholesalers Inc., books & library materials, 10/1/00-9/30/01, estimated $81,000 (LIB)
2) Ebsco Subscription Services, subscription services, 10/1/00-9/30/01, estimated $93,000 (LIB)
3) Ingram Library Services, books & library materials, 10/1/00-9/30/01, estimated $260,000 (LIB)
4) The Booksource, books & library materials, 10/1/00-9/30/01, estimated $39,000 (LIB)
5) Distribution Video and Audio, video tapes, 10/1/00-9/30/01, estimated $35,000 (LIB)
6) The Gale Group, books & library materials, 10/1/00-9/30/01, estimated $29,000 (LIB)
7) Gaylord Bros, hardware maintenance & software license for computer equipment used at all library branches, 10/1/00-9/30/01, estimated $45,000 (LIB)
8) Thompson, Goodis, Thompson, Croseclose & Richardson, P.A., legal services, estimated $40,000 (CA)
9) Perkin-Elmer LLC, one OPTIMA 2000 IPC instrument, $75,493 (PW)
10) Altec Industries Inc., one 2001 Ford F-450 with Altec AT35G aerial lift, replacement, $65,250; financing to be provided under City's Master Lease-Purchase Agreement (GS)
11) Altec Industries Inc., two 2001 Ford E-350 with Altec AT200V aerial lift, replacement, $107,498; financing to be provided under City's Master Lease-Purchase Agreement (GS)
12) World Industrial Equipment Inc., one Ford F-450 cab & chassis with utility body and Sighalier SLT28 aerial platform, replacement, $65,293; financing to be provided under City's Master
Lease-Purchase Agreement (GS)
ITEM #23 - Approve City of Clearwater Brownfields Area Environmental Justice Action Agenda (ED)
ITEM #24 – See page 9.
ITEM #25 - Contract to Mastec North America, Inc., for installation of gas mains, service lines, & exterior underground house piping, for $955,185 (SBS)
ITEM #26 - Approve acceptance of 2nd year grant funding from State of Florida, Office of Attorney General, 2000-2001 Victims of Crime Act (VOCA) Grant Program, $34,910 (PD)
ITEM #27 - Florida Recreation Development Assistance Program (FRDAP) project grant agreement with FDEP for East West Recreational Trail, $150,000 (PR)
ITEM #28 - Contract to Kloote Contracting, Inc., for Chinaberry Drive / Grovewood Avenue Drainage Improvements, for $25,052.94 (PW)
ITEM #29 - Clearwater Housing Authority - Confirming Mayor's reappointment of Mary Myhill (CLK)
ITEM #30 - Pinellas Suncoast Transit Authority - reappoint Commissioner Clark (CLK)
ITEM #31 - Long Center Board of Directors - reappoint Commissioner Hooper (CLK)
ITEM #32 - Long Center Foundation Board of Trustees - reappoint Commissioner Johnson (CLK)
ITEM #33 - General Warranty Deed - conveying E18' of Bluff View Court, Lots 1, 7, 9, 11, 13, 15, 17, 19, & 20, for additional right-of-way for Reynolds Avenue to widen roadway (Morton
Plant Hospital Association, Inc.)(CA)
ITEM #34 – See page 11.
ITEM #35 - Disband Fiscal Review Committee
Commissioner Clark moved to approve the Consent Agenda as submitted less Items #24 and #34 and that the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
The City Commission recessed from 8:22 to 8:41 p.m.
ITEM #24 - Approve purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, & flood insurance coverage for Fiscal Year 2000-2001,
amount not to exceed $860,000 (FN)
Risk Management purchases insurance coverage for the City related to property, casualty, liability, workers’ compensation, EMS (Emergency Medical Services), fuel tanks, and flood.
Total premiums are estimated to cost $836,533.
Excess Property, Agent – Insurance & Risk Management Services, Inc., Naples, Florida - $100-million coverage includes Sand Key Bridge, total premiums $408,723: 1) Lexington Insurance
Co. - $190,823; 2) Royal Surplus Lines Insurance Co. - $88,000; 3) Westchester Insurance Co. - $80,000; and 4) Royal Surplus Lines Insurance Co. - $50,000.
Miscellaneous Coverage, Agent – AJ Gallagher & Co., Tampa Bay, Florida – total premiums $46,880: 1) Boiler & Machinery – Hartford Steam Boiler - $6,248; 2) Marina Operators Legal Liability
– ITT/Hartford Insurance Co. - $17,500; 3) Underground Fuel Tank Liability – Commerce & Industry - $7,757; and 4) Flood Insurance for specific properties (premiums estimated for all
properties) – Bankers Insurance Group - $15,375.
Miscellaneous Coverage, Agent – Acordia Southeast, Clearwater, Florida – total premiums $380,830: 1) Crime & Dishonesty – Travelers Casualty - $5,162 premium; 2) Excess Liability ($5-million)
North River Insurance Co. - $238,000; 3) Excess Liability – ($5-million) New Coverage – Market America Insurance Co. - $20,000; 4) EMS Liability (reimbursable) Florida, Professional,
& EMS – Underwriters at Lloyds/GL - $56,000; 5) Business Auto – National indemnity Co. - $31,668; and 6) Excess GL/Professional/Auto/EMS Liability - $30,000.
The City’s contract with Pinellas County requires the City to purchase EMS liability coverage. The County reimburses this expense.
Staff recommends purchasing the proposed insurance. Premiums and coverage are similar to last year, except the property insurance premium has increased substantially, even
with a higher self-insured retention and without the City having any claim losses exceeding its current self-insured retention.
All property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable and conservative insurance program. Recommended purchases are for one
year beginning October 1, 2000. Flood insurance and underground storage tank policies have different effective dates. Staff recommends increasing the self-insured retention for property
insurance to $500,000 so that the self-insured retention for property insurance, civil liability insurance, and workers’ compensation insurance is the same.
Staff recommends purchasing another layer of $5-million excess liability insurance, and requests authorization to spend $20,000 for its purchase. The difference between the $860,000
request for insurance premiums and the anticipated $836,533 expenditure will allow changes during the year, mostly related to City property acquisition, construction, or leasing new
facilities.
The FY 2000/01 budget includes $520,000 for insurance premiums. EMS Liability of $117,668 is reimbursable. The difference, of up to $199,000, will be provided at first Quarter from
unappropriated retained earnings of the Central Insurance Fund.
In response to a question, Risk Manager Leo Schrader said staff recommends an additional $5-million in excess liability insurance as the City’s only backup for civil liability. The
City has been fortunate during the past several years. As an example, he said Gas System activities could result in substantial losses if a gas explosion caused significant damages.
In response to a question, Financial Services Administrator Margie Simmons said the central insurance fund has $4.4-million in reserves available for use. She would not recommend using
the entire reserve.
Commissioner Clark moved to approve the purchase of property, casualty, liability, workers’ compensation, EMS (Emergency Medical Services), fuel tank, and flood insurance coverage for
Fiscal Year 2000/01 as presented, in an amount not to exceed $860,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #34 - Authorize Appeal of Hearing Officer Order in American Infoage, LLC v. City (CA)
In her September 5, 2000 memorandum, the City Attorney reported the City had received the Final Order regarding American Infoage, LLC vs. the City – DOAH Case #00-0999. The order reverses
the Community Development Board’s decision to deny approval for a telecommunications tower at 505 Virginia Lane. The decision states that the application is approved and does not impose
any conditions recommended by staff nor adopted by the board.
Judicial review of this decision would be through filing a Petition for Certiorari in Circuit Court within 30 days. The Circuit Court would conduct a review of the record.
The City Attorney recommended the City Commission meet in an Attorney/Client session to discuss options, and review costs and settlement potential.
Darrel Richards, American Infoage representative, stated the City would expose itself to financial risk if it appeals this decision.
Commissioner Clark moved to continue Item #34 to September 21, 2000. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #36 - Approve Term Sheet with Philadelphia Phillies (GS)
Benefits of a new community sports complex include: 1) keeping the Phillies in Clearwater, a family oriented and wholesome activity; 2) a state of the art facility; 3) a better location
for access and visibility; 4) national exposure of Clearwater will increase; 5) increase in tourism and economic impact; 6) a facility that can be used for other events; 7) provide a
redevelopment opportunity for the North Greenwood community; 8) valuable advertising dollars committed by the Phillies to the northeast U.S. market; and 9) the ability to form a partnership
with the State, County, and City/Phillies.
The Clearwater Stadium Project Term Sheet is subject to the City’s and the Phillies’, “Team,” ability to agree upon definitive terms and conditions and to enter into definitive forms
of legally binding agreements necessary to implement the Clearwater stadium project, “Project,” in accordance with all requirements of applicable law. Any and all
references to the Team shall, at its option, refer instead to an entity wholly owned by the Phillies created for purposes of the project, and any and all references to City shall, at
its option, refer instead to an authority or other public or quasi-public entity designated by the City for purposes of the project, provided that the Team and City each shall stand
fully behind its affiliate or designee.
This Term Sheet accurately reflects the basic terms of the business deal between the City and the Phillies, pertaining to the development, financing, planning, construction, and operation
of a new stadium and adjacent facilities, all as to be more specifically set forth in definitive stadium development and use agreements to be prepared and entered into by the City and
Team as soon as is reasonably possible.
SITE
The Term Sheet is based on the understanding that the project site will be the 33.1 acres occupied by SPJC athletic fields north of Drew Street, south of Sharkey Street, and west of
Old Coachman Road. The City has selected the site and will hold the Phillies harmless against any claims by adjacent or nearby property owners alleging any adverse effect on their properties
by development or operation of the project. If the parties jointly determine that this location is not acceptable, they will use best efforts to locate an acceptable alternate site
and to agree on any necessary changes to terms herein set forth.
PROJECT
The project shall include: 1) open air, natural grass ballpark meeting first class Major League Baseball spring training standards, with approximately 7,000 fixed seats, to include
premium seating and group areas, an outfield berm seating area to accommodate approximately 1,000 fans, all clubhouse facilities, batting tunnels, Team office space, and other elements
of such a stadium; 2) one full-size, lighted practice field; 3) one practice infield; and 4) on-site parking for approximately 1,000 vehicles plus player/staff/VIP parking for approximately
175 automobiles. The project may include such facilities as a restaurant/sports bar, a souvenir/sporting items store, a health/fitness facility, etc.
FUNDING
Funding for all hard and soft project costs shall come from net proceeds from the City’s bonding of $500,000 per year for 30 years from the State and net proceeds from City bonding
of an amount from the County having a net present value of $7-million. In addition to its other obligations in the Term Sheet, the City will make a $5-million capital contribution to
the project. The Team shall contribute the balance necessary to complete the project and the Team shall bear the risk of cost overruns; provided, however, that the Team shall contribute
at least $3-million. All public source funds shall be available for the project no later than July 1, 2001, provided that the City will make its best efforts to complete the bonding
of State and County contributions by October 1, 2001. Team shall add funds necessary to complete the project as and when needed.
PROJECT DESIGN & DEFINITION
The Team will observe the Consultants Competitive Negotiation Act selection requirements and then will engage the architectural and engineering service providers necessary to design
the project and define its elements in detail sufficient to bid the construction and support the construction documents. The Team will pay all Architect fees and expenses as part of
its contribution.
SITE PREPARATION
By July 1, 2001, the City will be responsible for dealing appropriately with any environmental, geotechnical, or other site conditions that would adversely impact the cost or speed
with which the project can be completed, including without limitation effecting any remediation to the extent required by law. The Team shall pay the first $250,000 cost of such site
work and the City shall pay any additional cost of such site work, up to a maximum of an additional $250,000. If the parties reasonably estimate costs of such site work and impacts
exceed $500,000, either party may terminate the project. The Team shall pay $15,000 for geotechnical studies of the site. The City shall pay the balance of the cost of such studies.
The City shall hold the Team harmless from any liabilities arising under environmental laws from the Team’s use of the project, except to the extent caused by the wrongful or negligent
acts of the Team.
CONSTRUCTION OF IMPROVEMENTS
Improvements included in the project will be built in accordance with the construction documents by a construction company chosen through a competitive selection process by the
Team. As the Team is bearing the risk of overruns, it shall have the right to make additive or subtractive change orders, as necessary to deal with unforeseen conditions, so long as
the project stays within the project definition.
OWNERSHIP
The City will own the site and facilities comprising the project.
USE AGREEMENT
The Team will enter into a use agreement with the City giving the Team the exclusive use of the project during the term, subject to Partnership Events and certain civic uses to be agreed
upon, such as Youth Baseball games, that do not interfere with the Team’s use of the project. For such use, the Team will pay the City an adjustable rent in the annual amount of $70,000,
which shall be adjusted annually according to the local Consumer Price Index. The Team shall receive a credit against such adjustable rent for all project operating and maintenance labor
costs paid by the Team and for all field maintenance supplies and other expenses incurred in the discharge of Team Maintenance Obligations and the share of utilities paid by the Team.
TERM
The term of the agreement will extend from the date of the Team’s occupancy following substantial completion of the Project, no later than January 1, 2003, for a term of 20 years, through
December 31, 2022. The Team shall have one 5-year extension right and the City and Team may agree mutually on 3 additional 5-year extensions. The Team shall commit to keep its Florida
State League team at the project for at least 3 years following completion of the project and has no present intention to relocate thereafter.
TEAM COMMITTMENT
The Team shall make the ballpark its spring training home field for the entire term.
OPERATING RESPONSIBILITY
The Team shall operate and manage the project and shall employ the staff necessary to do so. The Team shall pay 25% of the costs of utilities serving the project and the City shall
pay the remaining 75%.
MAINTENANCE
The Team shall provide labor to: 1) perform interior cleaning and light housekeeping, e.g. changing bulbs, towels, etc. and 2) maintain the 3 playing fields, the luxury suites, and
the restaurant as listed in Team Maintenance Obligations. The City shall acquire and make available to the Team, at the Team’s expense, all field care supplies including clay, sod,
sand, fertilizer, chemicals, etc., and other supplies necessary for the Team to discharge its maintenance obligations related to the 3 playing fields. Other than for the Team Maintenance
Obligations, the City shall be obligated to provide all other ordinary and necessary maintenance
of and repairs to the project including without limitation the City’s luxury suite, parking lots, landscaped areas, and all other areas except for the playing fields.
CAPITAL
The City shall have all capital repair, refurbishment, restoration, and replacement obligations, as necessary, to keep the project at all times in first-class condition and up to first-class
Mayor League Baseball spring training stadium standards at the time of reference. The Team and City shall agree annually on the nature and extent of any capital repairs or improvements
and whether any capital reserve fund is necessary and in what amount, considering what is customary for a facility of the size, nature, and scope of the project. Following project completion,
the parties shall designate and equally pay a mutually acceptable consulting engineer to determine annually what capital repairs, refurbishment, restorations, and obligations are to
be done currently, and schedule those to be done in the future.
TAXES, USE CHARGES, & SURCHARGES
It is the intent of the parties that the project, land and improvements, shall be exempt from real estate taxes or payments in lieu of real estate taxes throughout the term. Throughout
the term, the City shall hold the Team harmless from all other local taxes except for income, sales, and like taxes of general application, including without limitation, amusement/ticket
taxes, any increase in the sales tax rate applicable to tickets, use and occupancy taxes and surcharges on project-derived revenues. Should the project become subject to ad valorem
property taxes, the parties shall each pay an equal one-half of the net ad valorem taxes due and payable after deducting any City ad valorem taxes, which shall be paid by the City.
The parties will ask Pinellas County to return its share of such taxes and the parties agree to cooperate on legislation to exempt the project from such taxes.
REVENUES
During each 12-month period after occupancy, the City shall be responsible, at its expense, for the booking and conduct of concerts, plays, or other significant revenue producing events,
each a “Partnership Event,” of a nature that will not damage the playing fields nor cause unreasonable wear and tear to the structures and are not inconsistent with the image of Major
League Baseball and the Team, in the Team’s reasonable judgment. Net proceeds from such events from all sources, including parking and concessions, will be split evenly between the
City and Team. The City shall book and conduct at least 6, but not more than 12, Partnership Events.
The City shall receive one-third of any net revenue derived from the sale of the right to name the stadium and shall have the right to approve any such sale, and shall not withhold
such approval unreasonably.
Otherwise, the Team will retain all net revenues generated on and from the project during the Term from all sources, including without limitation, all revenues from: 1) two-thirds of
any net revenue derived from sale of the right to name the stadium; 2) tickets, premium seating, concessions, signage, merchandise, broadcasting, sponsorships, and parking; 3)
restaurant/sports bar, souvenir/sporting goods and other synergistic uses; 4) fantasy camps; and 5) any other events held at the project which are not Partnership Events. As between
the parties and subject to the Partnership Events terms, the Team shall be entitled to any net revenues generated by events at the project from parking at the project, Carpenter Field,
SPJC, and the Florida Power Corporation right-of-way. The Team will pay $1,250, adjusted for changes in the local CPI, per spring training game to civic organizations to staff parking
at all of these locations.
CITY SERVICES
The City will provide all appropriate City services, including without limitation, interior and exterior security, and anti-scalping and traffic control at appropriate levels of coverage
for all events. Except for civic events only, and subject to Partnership Events terms, the Team will pay for such on-site police and paramedical coverage as the Team deems necessary.
PERMITS & APPROVALS
Provided that the Team pays all applicable fees therefor and subject to “Conditions to City’s Obligation,” the City will: 1) provide or secure all zoning, subdivision, land use, curb
cut, construction, and all other similar and dissimilar governmental or quasi-governmental approvals, licenses and permits necessary to construct and operate the project, including creating
access from Drew Street and 2) perform and pay for necessary public infrastructure costs and do so in a fashion that shall not delay, except as due to appeals taken against timely City
approvals, the commencement of construction on October 1, 2001, or its timely prosecution thereafter.
MARKETING/PROMOTION
The Use Agreement between the City and Team will include a provision that would trade out value in marketing programs from the Team to match the financial contributions made by Pinellas
County to the project. Those marketing programs could include destination advertising, tourism public relations campaigns, tourism direct sales activities, and any other mutually agreed
upon marketing program. Each year, the Team would meet with representatives of the Pinellas County Convention & Visitors Bureau and agree to a specific program of destination marketing
and/or ticket opportunities equivalent to the dollar value of the County contribution.
The Team shall provide the City with 12 tickets per spring training exhibition game and one luxury suite for use by the City for each such game for economic development and other public
purposes.
DISASTER STAGING AREA
The City may, in each instance of actual or imminently threatened natural disaster, use the project as a staging area for disaster preparations, response, or other related uses, provided
such use of the project will not damage the project so that it is unfit to be used for its customary purpose and that no cost to the Team will result and that the City will immediately
restore any damage to the playing field or any other element of the project. The City shall not be responsible to the Team for any loss of revenue or consequential damages resulting
from
such use of the project, except any attributable to its failure to duly effect any such restoration and restore full use of the project to the Team immediately following the end of the
disaster.
CONDITIONS TO TEAM’S OBLIGATION
A construction contract with an acceptable contractor for a price and on terms that are reasonably satisfactory to the Team has been entered into by January 31, 2001 for pre-construction
and construction services leading to an acceptably priced contract by September 1, 2001, provided that the Team may reasonably reject a contract if hard and soft costs are greater than
$24-million.
A definitive use agreement, on terms that are reasonably acceptable to the Team and City and are consistent with this Term Sheet, has been entered into by the deadline imposed by OTTED.
City site work will be completed by June 1, 2001 and soil studies disclose no geotechnical reason that would impede construction.
City funds are available by July 1, 2001.
If, despite the City’s best efforts, the full State and County contributions are not available to the Team for use in the project by October 1, 2001, the Team may, in its discretion,
terminate the project and all of its agreements relating thereto, in which event the City shall promptly reimburse the Team for all expenditures made and obligations incurred in respect
of the Architects’ fees and expenses.
CONDITIONS TO CITY’S OBLIGATION
If the cost to the City of effecting all public infrastructure costs necessary for the project as required hereby shall be reasonably estimated to exceed $300,000, the City may, on
or before January 1, 2001, in its discretion, terminate the project and all of its agreements relating thereto, in which event the City shall promptly reimburse the Team for all expenditures
incurred in respect of the Architects’ fees and expenses.
JACK RUSSELL STADIUM LEASE
The Jack Russell Stadium lease shall terminate on the first day of the term of the use agreement relating to the project, with no further obligations by either party.
CARPENTER COMPLEX LEASE
The Carpenter Complex lease will be amended to: 1) extend for a term coextensive with the term of the use agreement relating to the project; 2) conform the use, parking, and revenue
allocation provisions of that lease to the comparable provisions of that use agreement; and 3) call for fixed rent at the annual rate of $204,000 for 20 years.
General Services Administrator Keith Ashby presented the Term Sheet signed by the Phillies. Attorney David Cardwell assisted the City with negotiations. Mr. Ashby reviewed the agreement
and plans.
The Interim City Manager said staff has scheduled a meeting for September 14, 2000 with the College Park neighborhood, which abuts the SPJC fields, to discuss insurance-related issues
regarding sinkholes. The City plans to have qualified people address the sinkhole issue. Staff is researching area flooding and drainage issues and will schedule a neighborhood meeting
to discuss the findings. Neighborhood residents also have expressed concern regarding the SPJC site proposed for the stadium. Staff will meet with residents to address issues that
affect them.
Ten people spoke in opposition to the Term Sheet and proposed site. One person questioned whether an escalation clause to the Term Sheet had been considered. Twelve people spoke in
support of the Term Sheet and plan.
Mr. Ashby said the Phillies felt parking available at Carpenter Field, the Florida Power right-of-way, and SPJC would be adequate. It was stated the project will not benefit Time-
Warner, a nearby business, despite claims to the contrary. The City Attorney said none of the Mayor’s business ties creates a conflict of interest. In response to a question, Mr. Ashby
said Parks & Recreation Department costs to maintain Jack Russell stadium have not been calculated. Currently, stadium capital costs average $50,000 annually. The Term Sheet includes
the rental of Carpenter Field to provide a revenue stream needed for the issuance of tax-exempt bonds. It was recommended the City restrict traffic to the College Park neighborhood
on game days. Staff will report.
It was stated that no other spring training site municipality has negotiated a more favorable contract. It was said other major league teams have criticized the Phillies for the size
of the Team’s contribution to the project. It was stated neighborhood issues must be addressed. It was felt the project deserves City support and cooperation. The importance of retaining
Phillies spring training in Clearwater was stated.
It was requested staff identify alternate sites under consideration if the SPJC is not suitable. In response to a question, the City Attorney said the hold harmless clauses address
environmental issues and impacts of the facility. The City can be insured against these issues. A discussion will be required related to ultimate liability.
In response to a question, a Phillies representative said during spring training, the Team plays 15 day games and one night game. The average attendance for the minor league team is
500-600 and 4,000 for special events. Mr. Ashby said no more than one Partnership Event will occur monthly. The Jack Russell Stadium’s parking lot clears out 1,000 vehicles in less
than 15 minutes onto 2-lane neighborhood streets. It was stated the new site offers access to Drew Street, a major road. The Interim City Manager said the project will include traffic
studies. It was noted property values near other new stadiums have increased. Residents were thanked for their comments.
Commissioner Clark moved to approve the Clearwater Stadium Project Term Sheet with the Philadelphia Phillies. The motion was duly seconded.
Discussion ensued regarding capital costs at Jack Russell Stadium.
Upon the vote being taken, the motion carried unanimously.
ITEM #37 - Finalize Mission Statement for Clearwater Beach Entryway Advisory Committee; appoint 2 alternates (PW)
The proposed Mission Statement is, “The Clearwater Beach Entryway Advisory Committee will advise the City Commission on recommended solutions to make the Clearwater Beach Entryway (roundabout)
safe, efficient, and friendly for all stakeholders and users.”
It is proposed the Clearwater Beach Entryway Advisory Committee meet twice monthly for several months, and then monthly thereafter, or at a frequency to permit timely review of staff
and consultant plans and designs.
Regarding the committee’s purpose, it is proposed the Clearwater Beach Entryway Advisory Committee will: a) interpret and serve as a liaison between citizens who have developed the
vision at the July 27 and 31 charettes and staff to carry out these changes; b) review and provide added details to the engineering analysis & proposed immediate & short term geometric,
operations, & maintenance solutions to the entryway; c) retain, as much as practicable, the community vision as expressed in documents and reports of the charettes; d) work toward solving
immediate and short-term issues; e) identify needed educational, informational, and enforcement measures; f) determine what measurements are needed to assure that the entryway meets
its objective to become safer, more efficient, and friendly for all users; g) review these measures & report on the progress & effects of these changes; and h) review, monitor, & oversee
development of long-range topics that the City needs to consider. These measures will be addressed if immediate and short-term measures fail to fully meet their intended objectives.
Commissioner Hart reported the Committee had met. Members indicated they wish to evaluate both short- and long-term issues and are willing to meet weekly. The Committee also said
they wish to combine their review of the Entryway with the new beach plan and long term beach issues. The Interim City Manager said the committee is willing to participate in the process
to improve the roundabout. He recommended the group be made part of the process. It was stated the Committee does not want to slow down the process but wishes to review the Crown report.
In response to a question, Commissioner Hart said after short-term issues are reviewed, the Committee plans to meet monthly and will disband when their work is completed. They do not
want their efforts ignored. It was felt adding the beach plan to this committee’s review should be discussed later.
The Committee had accepted the Mission Statement but want to review short-term fixes proposed in the Crown report. A second meeting on Monday, September 11th is planned. The issue
of Committee member absences will be discussed.
Consensus was for Bob Bickerstaffe and Bill Jonson to serve as Clearwater Beach Entryway Advisory Committee alternates.
Commissioner Johnson moved to approve the Mission Statement for the Clearwater Beach Entryway Advisory Committee.
Discussion ensued regarding increased traffic in the roundabout and the decreased accident rate. Public Works Administrator Mahshid Arasteh said striping the roundabout’s east side
has removed a traffic conflict and improved safety.
The motion was duly seconded and carried unanimously.
ITEM #38 - Res. #00-32 - establishing intent to reimburse certain project costs incurred with proceeds of future tax exempt financing; contract to Bank of America Leasing and Capital,
10/1/00-9/30/01, to provide a $15,000,000 line of credit for Fiscal 2001, 2002 & 2003; authorize all uncompleted equipment acquisitions previously approved for financing under current
contract with GE Capital Public Financing, Inc. to be financed under new contract with Bank of America Leasing and Capital (FN)
The City solicited proposals for lease purchase (installment sale) financing for the next three fiscal years. Responders bid a percentage of the weekly average index of the 3- and
5-year CMT (Constant Maturing Treasury Note) as published by the Federal Reserve Board. Proposals summary: 1) GE Capital - a) 3 years fixed - 95.15% of CMT; b) 5 years fixed - 96.88%
of CMT; c) 3 years variable – none; and d) 5 years variable - none; 2) Bank of America - a) 3 years fixed - 90% of CMT; b) 5 years fixed - 88% of CMT; c) 3 years variable - BMA (Bond
Market Association Index) + 144bp (Basis Points); and d) 5 years variable - BMA + 144bp; 3) First Union - a) 3 years fixed – none; b) 5 years fixed – none; c) 3 years variable – 73%
3m LIBOR (London Inter Bank Offering Rate); and d) 5 years variable - 73% 3m LIBOR; 4) MSG, Inc. - a) 3 years fixed – 6.31%; b) 5 years fixed – 6.07%; c) 3 years variable – none; and
d) 5 years variable – none; and 5) LaSalle Bank. - a) 3 years fixed – MMD (Municipal Market Data Scale Curve) + 100bp; b) 5 years fixed – MMD + 92bp; c) 3 years variable – none; and
d) 5 years variable – none.
Except for items with 3-year useful lives, such as computers and police cars, lease purchases will be for 5 years. BOA (Bank of America) Leasing and Capital bid 88% of the weekly average
5-year Treasury Note. The recent 5-year Treasury Note average weekly rate was 6.16%, which would result in a borrowing rate of 5.42%. The current contract with GE Capital Public Finance,
Inc. was bid in 1995. The current rate, 87.5% of the 5-year Treasury Note, is 0.5% below BOA’s proposed 5-year rate. Approval does not represent a commitment to borrow. The City Commission
must approve purchases. The resolution allows the City to pay vendors and be reimbursed from BOA.
Commissioner Hooper moved to express the City’s intention to be reimbursed from the proceeds of tax-exempt financing and award the contract to Bank of America Leasing and Capital for
a period of three years, October 1, 2000 to September 30, 2003, provide a $15-million line of credit for FY 2001, 2002, and 2003, and authorize all uncompleted equipment acquisitions
previously approved for financing under the current contract with GE Capital Public Financing, Inc. to be financed under the new contract with Bank of America Leasing and Capital. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-32 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-32 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #39 - Res. #00-36 - approving Interlocal Agreement which authorizes dissolution of Municipal Gas Authority of Florida (MGAF); Res. #00-35 - approving City's membership with Florida
Gas Utility (FGU) & necessary documents to accomplish same; authorize City Manager to reassign Florida Gas Transmission (FGT) Transportation Supply contracts from MGAF to City and then
to FGU; authorize City Manager to make future FGU Director & Alternate Director appointments (SBS)
This item proposes to transfer CGS’s (Clearwater Gas System) natural gas supply management contract from MGAF (Municipal Gas Authority of Florida) to FGU (Florida Gas Utility). MGAF,
an Interlocal organization, has been purchasing natural gas for 9 municipally-owned LDCs (Local Distribution Companies) and Gas Districts served by FGT (Florida Gas Transmission). The
MGAF Board of Directors agreed it could not longer compete with FGU’s buying power. The MGAF Board of Directors has dissolved the organization, effective September 30, 2000. FGU is
the only other Municipal Joint Action Agency in Florida, which purchases natural gas.
FGU membership requires City Commission approval of a Resolution, Assumption Agreement, Certificate, and Gas Service Agreement. FGU will provide the same gas supply and management
service as MGAF. It is anticipated rates will decrease. Currently, 16 municipally owned utilities are PGU members. CGS membership would become effective October 1, 2000.
Current City FGT contracts are under MGAF and need to be transferred back to the City. After City Commission approval of FGU membership, these contracts must be assigned to and aggregated
into FGU’s existing transportation contracts. Staff recommends the Commission authorize the Interim City Manager to transfer FGT transportation contracts from MGAF, to the City, and
to FGU.
The FGU Resolution appoints City representatives to the FGU Board of Directors, which meet quarterly and decides how gas supplies are purchased and managed. Staff recommends appointing
CGS Gas Supply & Technology Engineer Brian Langille as the City’s designated FGU Director and appointing CGS Managing Director Chuck Warrington as the City’s FGU Alternate Director.
Staff recommends the City Commission authorize the City Manager to appoint future FGU directors and alternate directors.
Commissioner Johnson moved to dissolve MGAF (Municipal Gas Authority of Florida) and approve the City’s membership with FGU (Florida Gas Utility) and necessary documents to accomplish
same; and authorize the City Manager to reassign FGT (Florida Gas Transmission) Transportation Supply contracts from MGAF to FGU and to make future FGU Director and Alternate Director
appointments. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-36 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-36 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Resolution #00-35 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-35 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #40 - First Reading Ord. #6587-00 - providing for metering of reclaimed water service to multi-family dwelling units, changing commercial rate structure, and adding reclaimed water
restrictions (PW)
This ordinance proposes: 1) to meter reclaimed water to multi-family dwelling units at a rate of $9/monthly plus $0.30 per 1,000 gallons. The current rate ranges from $20/monthly to
$70/monthly, depending on the number of units. All multi-family structures now will be charged the same availability fee plus a usage rate based on consumption. The estimated 34 Island
Estates accounts will be converted as quickly as possible. Staff already has notified customers regarding the change; 2) to change the commercial/industrial rate for reclaimed water
from $1.50/CCF (hundred cubic feet) to $0.30/1.000 gallons. As service is requested on north Clearwater beach, staff will establish new commercial and multi-family accounts. Installation
of meters for current multi-family and commercial/industrial customers will cost approximately $5,000. Sufficient funds are available; and 3) to restrict reclaimed water use and prohibit
its daily use between 10:00 a.m. and 4:00 p.m.
One person spoke in support of the ordinance.
Commissioner Johnson moved to provide for metering of reclaimed water service to multi-family dwelling units, changing the commercial rate structure, and adding reclaimed water restrictions.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6587-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6587-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney said a new requirement in Florida Statutes requires the City to notice the change in utility mailers. Second reading is scheduled for October 19,2000.
ITEM #41 - First Reading Ord. #6598-00 - converting basis for measuring water & sewer consumption for billing from per 100 cubic feet (ccf) to per 1,000 gallons (PW)
This ordinance does not increase customers’ consumption costs for water. Customers currently are billed per 100 cubic feet, or 748 gallons of consumption. Utility bills will list
both computation methods to improve customer understanding. Pinellas County and most other municipal water utilities base their bills on consumption per 1,000 gallons. This is a first
step in restructuring the City’s water and sewer rate.
Commissioner Hooper moved to covert the basis for measuring water and sewer consumption for billing from per 100 cubic feet (CCF) to per 1,000 gallons. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6598-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6598-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #42 - Agreement with FDOT, for Intelligent Transportation Systems (ITS) work to be performed by FDOT along SR60 & US19; Res. #00-16 - authorizing execution of agreement; approve
funding of project to FDOT of not to exceed $1.1 million with additional contingency of up to $350,000 to be sent to FDOT in the event bid prices exceed the estimate (PW)
The City has been awarded a Federal grant worth approximately $2.7-million for ITS (Intelligent Transportation Systems) along SR 60 (Gulf-to-Bay Boulevard) and US 19N. The grant requires
a local match. ITS will enhance traffic flow, disseminate real time parking information to motorists, and aid police, fire, and emergency responses along Gulf-to-Bay Boulevard and US
19N. The project includes Dynamic Message Signs, upgraded traffic software, Closed Circuit Television, and Traffic Operation Center modifications. The City has entered into an agreement
with the MPO (Metropolitan Planning Organization) to share the cost of the match. The MPO will fund $1.6-million and the City will fund $1.1-million.
The JPA (Joint Participation Agreement) with FDOT (Florida Department of Transportation) also requires up to $350,000 additional from the City should bid prices exceed estimates. Upon
City approval, FDOT will enter into a partnership agreement with FHWA (Federal Highway Administration) to ensure their $2.7-million contribution. Payment of the match is due to FDOT
before a design consultant is hired, in approximately 5 months. FDOT has agreed to design and construct the project with City and MPO input.
Commissioner Johnson moved to approve the Joint Participation Agreement with FDOT (Florida Department of Transportation) to perform work on an Intelligent Transportation Systems along
SR 60 (Gulf-to-Bay Boulevard) and US 19N and approve funding of this project to FDOT of not to exceed $1.1-million with an additional contingency of up to $350,000 to be sent to FDOT
in the event bid prices exceed the estimate and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
In response to a question, Ms. Arasteh said during Phase 2, the system on SR 60 will be extended to the Causeway.
The City Attorney presented Resolution #00-16 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-16 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #43 - Marine Advisory Board - 1 appointment (CLK)
Commissioner Clark moved to appoint Denis Sparks. The motion was duly seconded and carried unanimously.
ITEM #44 - Beach Master Plan Presentation
The Interim City Manager said these design guidelines for Clearwater beach are being presented for public consideration. After staff assesses the plan, a workshop with the City Commission
will be scheduled. After City Commission input, the plan will be presented for discussion at public meetings to be held throughout the City.
Charlie Siemon, of Siemon & Larsen, presented a preliminary design for Clearwater beach and design guidelines, “Beach by Design.” He suggested in the future the City consider limiting
vehicle, not people, access to the beach or else erode the beach’s character by constructing additional roads and garages. The beach’s capacity is limited. He said this decision is
key to determining the future character of the beach.
Mr. Siemon said more than 200 citizens provided input to the plan. Current problems relate to heavy traffic, pedestrian mobility, a lack of parking, and the City’s identity and image.
He recommended the City initiate strategies and work with property owners, developers, and citizens to realize the plan’s objectives. He recommended striking a balance for all users
without penalizing one group.
Mr. Siemon said the beach has various land use districts. North of Rockaway beach, the area’s old Florida character is unique and should be retained. He recommended marina residential
properties be constructed east of Poinsettia with modes intensity and mid-rise construction on the waterfront. Pier 60 will remain a public attraction and provide visitors a point of
arrival and departure. He recommended a grand promenade, or “Beachwalk,” extend from Pier 60 to the Adams Mark Hotel and replace current parking. Small motels can fill in the back
side. He said the Clearwater Pass area features a mixed-use of tourism and hotel uses.
Mr. Siemon reviewed strategies to address mobility issues: 1) improve the roads: 2) improve pedestrian and bicycle ways; 3) provide an intra-beach transit system; 4) provide transportation
to and from downtown during peak periods; and 5) ration access during peak
periods. South of the roundabout, he recommended widening Coronado to 3-lanes with the center lane reversible for bi-directional movement as peak traffic demands. He noted the importance
of balancing the beach’s character with the level of needed services. He suggested the City also consider widening Hamden, which could be an unbalanced one-way pair with Coronado.
He said it is important to route traffic away from Gulfview.
Mr. Siemon recommended North Mandalay feature the character of a retail street by including 2 wide lanes for traffic, 2 lanes for parallel parking, and 15-foot sidewalks. Two lanes
could be used for through traffic during the day and converted to parallel parking spaces at night. He suggested safe havens be built to encourage pedestrian movement during peak traffic
movement. He said constructing a parking garage at Pelican Walk will be a primary investment for future revitalization.
Currently, the beach is not friendly to pedestrians or bicycles. Visitors to other beach destinations often enjoy renting and riding bicycles. It would be more desirable for people
to walk and bike along the beach rather than driving. Many sidewalks south of the roundabout are disconnected. A continuous sidewalk system is important. He recommended planting trees
and constructing a sidewalk along one side of Coronado, as space is too limited for sidewalks on both sides of the road.
He suggested Gulfview be realigned to curve and provide sidewalk space for outdoor cafes and street activities. A pedestrian way would be to the west, with a line of street trees abutting
it. In addition to 2 lanes of travel, a 15-foot wide pathway for bicycles and rollerblades will minimize pedestrian conflict.
He recommended an intra-beach transit system connect the Adams Mark Hotel with the Rockaway Beach parking area to encourage pedestrian movement. All potential parking would border the
transit route. He said the system, whether narrow gauge rail or rubber wheeled, could be a tourist attraction, similar to other cities. The vehicle would travel between 6 and 10 mph.
Federal funding may be available. He also recommended the City provide a transit link, via ferry or transit, between downtown and the beach during peak times. Regularly scheduled
service would encourage use.
Parking is needed at Pelican Walk, Beach Walk, and in the Clearwater Pass area. Lack of adequate parking is an obstacle to attracting funding to construct a high caliber hotel property.
He recommended the City amend its comprehensive plan to designate Primary Activity Centers under PPC (Pinellas Planning council) rules. The designation would create a pool of hotel
units only for a limited time, such as 5 years, in specific areas where the City is encouraging high quality development. The City’s current system favors residential construction,
which creates more traffic and difficulty during hurricane evacuations. He recommended one Primary Activity Center be on South Gulfview between the Adams Mark and Pier 60. Hotels would
be required to meet standards: 1) minimum 200 rooms; 2) full range facilities/amenities; 3) internal corridors to rooms; 4) national or international flag property; 5) institution of
trip generation program requiring property to limit private automobile use by providing hotel guests with transportation to the airport and restaurants; 6) close and evacuate during
all hurricane watches; 7) no more than 10% of rooms with kitchen facilities; 8) maximum tenancies of 30 days; 9) exceptional architectural design; and 10) at least one acre in size.
He
suggested through a public/private partnership, the City could provide a demonstrable benefit by constructing a parking garage for off street parking.
Mr. Siemon said the City’s south beach is one of the world’s greatest beaches in a major metropolitan area. He reviewed strategies based on his recommendations. He discussed methods
to limit vehicle access to the beach during the peak 40 days.
He estimated road improvements and construction of the beach walk would cost $12.1-million. He said project benefits will include increased property values and property taxes. He
said public investment will encourage private investment.
Consensus was to approve a tentative schedule of meetings to review recommendations related to the beach and downtown redevelopment from Mr. Siemon. It was suggested the meetings be
aired on C-View.
Beach by Design
A tentative schedule was presented.
It was recommended the number of public hearings be increased and scheduled to meet across the City.
Downtown Redevelopment Ideas
A tentative schedule was presented.
It was requested the Chambers of Commerce be contacted for Mr. Siemon’s presentation related to downtown.
ITEM #45 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
ITEM #46 - Other City Attorney Items
The City Attorney requested an attorney/client session regarding American Infoage, LLC versus the City be scheduled for September 21, 2000, at 5:00 p.m. Consensus was to so schedule.
ITEM #47 - City Manager Verbal Reports
Special Worksession scheduled for October 17, 2000 at 9:00 a.m. for Charlie Siemon’s presentation, Beach by Design.
Charlie Siemon to present Downtown redevelopment ideas at October 16, 2000 Worksession.
ITEM #48 - Other Commission Action
Commissioner Hooper invited residents to attend the Town Hall meeting at Oak Grove Middle School on September 13, 2000 at 7:00 p.m.
Commissioner Hooper complimented Interim City Manager regarding Mr. Caffentzis’ recommendation to the Commission.
Commissioner Clark thanked the Greater Clearwater Chamber of Commerce for supporting the teacher appreciation breakfast.
Mayor Aungst invited residents to participate in the bicycle jamboree at the Countryside Recreation Center on September 9, 2000.
Mayor Aungst reported an open house is scheduled at the Francis Wilson Playhouse on September 16, 2000.
Mayor Aungst reported a Sister City meeting on September 19, 2000 regarding students’ recent trip to Nagano.
Mayor Aungst announced the Taste of Clearwater at the Harborview Center is scheduled for September 20, 2000.
ITEM #49 - Adjournment
The meeting adjourned at 11:24 p.m.