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12/05/2002CITY COMMISSION MEETING CITY OF CLEARWATER December 5, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. The invocation was offered by Pastor Thomas Jones, Flowing River 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 - Introductions, Awards and Presentations: Proclamation - Miniature Art Month – January 2003 Carol Curtis and Herb Reed of the Miniature Arts Society expressed their appreciation. Presentation - Mayor's Cup win at the Festival of Trees Silas Beach and Jay Gould presented Mayor Aungst with the Mayor’s Cup for Best Decorated Tree Submitted by a City at the Festival of Trees. "Making a Difference" Award from Clearwater Neighborhood Housing Services Isay Gulley, Executive Director of CNHS (Clearwater Neighborhood Housing Services), presented an award to the City for its partnership with CNHS over the years. She also thanked C-View TV for its ongoing media coverage and support of CNHS’s mission. Turkey Trot Awards Kevin Dunbar, Director of Parks and Recreation, presented the Turkey Trot Iron Turkey award for most miles run to the Public Works Department and the Stuffed Turkey award for largest percentage of employees participating to the Budget Department. Skip Rogers, Race Director, thanked all the participants and presented the Mayor with a plaque commemorating the event. ITEM #4 - Approval of Minutes - Regular Meeting: November 21, 2002 Commissioner Hamilton moved to approve the minutes of the regular meeting of November 21, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda Ricardo Morales and Peggy Gray said the Clinica Guadalupana provides free medical assistance to the Hispanic population. The agency relies on the generosity of medical professionals and volunteers. They invited everyone to visit the facility on Drew Street. PUBLIC HEARINGS ITEM #6 - Public Hearing to approve the City of Clearwater FY 2001-2002 Consolidated Annual Performance and Evaluation Report. The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures of Community Development Block Grant and HOME Programs funds to the U. S. Department of Housing and Urban Development (HUD). It serves as the basis for program monitoring for compliance and for financial audits for activities conducted during the FY2001-02 as outlined in the Consolidated Action Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater FY 2001-2002 CAPER contains information on the City’s assessment of activities listed below: Assessment of three to five year goals and objectives Affirmatively Furthering Fair Housing Affordable Housing Continuum of Care Leveraging Resources Citizens Comments Self-Evaluation Through the programs covered under the CAPER a total of 7,899 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and Economic Development. During this past fiscal year twelve (12) homes were rehabilitated and one new home was constructed through our CDBG and HOME Programs. Mr. Carroll said most of the funds carried over are from subrecipients that did not use funds allocated to them during the year, or from the housing pool. Commissioner Jonson moved to approve the City of Clearwater FY 2001-2002 Consolidated Annual Performance and Evaluation Report. The motion was duly seconded and carried unanimously. ITEM #7 - Public Hearing & First Reading Ordinances 7056-03 and 7057-03 – Land Use Plan Amendment and Rezoning for property at 209-229 Windward Passage from Commercial General to Residential Medium (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 This 0.87-acre site is on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway and 950 east of Island Way and is currently developed with eleven (11) two-story, fee simple townhouse units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand-alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property’s zoning designation was reclassified to the Commercial (C) District, and recently to the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD). The current zoning does not permit stand-alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), to render this site conforming. The Planning Department determined the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the current use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002. Commissioner Gray moved to approve a Land Use Plan Amendment from Commercial General (CG) to Residential Medium (RM), and a Zoning Atlas Amendment from the Commercial/ Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) for property located at 209-229 Windward Passage (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7056-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7056-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. The City Attorney presented Ordinance #7057-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7057-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. Public Hearing - Second Reading Ordinances ITEM #8 - Ordinance 7038-02 – Annexation for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East); (Elizabeth Haun) ANX 2002-08011 The City Attorney presented Ordinance #7038-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7038-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #9 - Ordinance 7039-02 – Amend Future Land Use Plan for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) Residential Low (RL); (Elizabeth Haun) ANX 2002-08011 The City Attorney presented Ordinance #7039-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7039-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #10 - Ordinance 7040-02 – Amend the Zoning Atlas for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) as Low Medium Density Residential (LMDR); (Elizabeth Haun) ANX 2002-08011 The City Attorney presented Ordinance #7040-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7040-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #11 - Ordinance 7041-02 – Annexation for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East); (Dorothy Costa) ANX 2002-08012 The City Attorney presented Ordinance #7041-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7041-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #12 - Ordinance 7042-02 – Amend Future Land Use Plan for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East) as Residential Urban (RU); (Dorothy Costa) ANX 2002-08012 The City Attorney presented Ordinance #7042-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7042-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #13 - Ordinance 7043-02 – Amend the Zoning Atlas for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East) as Low Medium Density Residential (LMDR); (Dorothy Costa) ANX 2002-08012 The City Attorney presented Ordinance #7043-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7043-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #14 -Ordinance 7059-02, amending Chapter 2, Article III, Division 2, Section 2.081 through 2.085 of the Code of Ordinances to replace the title of the "Airport Authority Board" with "Airpark Advisory Board", and provide clarification of their powers and duties. The City Attorney presented an amendment to Ordinance #7059-02. Commissioner Gray moved to amend Ordinance #7059-02, to change all occurrences of the term “Airport Advisory Board” to “Airpark Advisory Board’ to correct a scrivener’s error; on page 2, amend Section 2.084 and section 2.085 to read as follows: Sec. 2.084 Powers and duties The Airpark Advisory Board shall initiate studies and make recommendations on airpark matters of the City to the City Commission and shall be responsive to the City Commisison on airpark matters referred to the board by the City. Sec. 2.085 Advisory Board of City This board shall act as an advisory board of the City pertaining to airpark matters. The motion was duly seconded. In response to a question, City Attorney Pam Akin said there is no state statute that requires the board to be an “authority”. Upon the vote being taken the motion carried unanimously. The City Attorney presented Ordinance #7059-02 for second reading, as amended, and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7059-02 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-37) - Approved as submitted, except that Item #34 is contingent upon Ms. Slack’s dismissal of current grievance re sick leave, and upon execution of a release re any tort claim arising out of the training incident. ITEM #15 - Approval of Purchases per Purchasing Memorandum: 1) Purchase from Smith Fence, Clearwater labor and material to install fencing during the contract period: 01/01/03 through 12/31/03 for $200,000. 2) Purchase contract with Thompson Tanks, Princeton, Kentucky for Propane and LP tanks during the period: 12/06/02 through 12/31/03 for $71,000. 3) Purchase contract with Jeffry Knight Inc. dba Knight Enterprises, Clearwater, Florida for installation of gas mains and service lines during the contract period: 01/01/03 through 12/31/03 for $600,000. 4) Purchase Contract with Reliastar Life Insurance, Minneapolis, Minnesota for SAMP life insurance premium for group term life during the period: 01/01/03 through 12/31/03 for $85,000. 5) Work Order with King Engineering Assoc., Tampa, Florida for General design and construction services for utility relocation for $53,260. ITEM #16 - Designate Mt. Carmel Community Development Corporation, Inc., a Community Housing Development Organization (CHDO) as per the federal HOME Investment Partnership Program regulations as contained in 24 CFR Part 92, so as to allow them to conduct activities in accordance with program requirements and as outlined in their City of Clearwater CHDO Agreement. Approve the City of Clearwater CHDO Agreement with Mt. Carmel Community Development Corporation in the amount of $77,100. ITEM #17 - Approve a Work Order to Tampa Bay Engineering, Inc up to $205,000 to provide engineering and architectural design services, including CEI work, for the new Northwest Fire Station 51. ITEM #18 - Approve Change Order No. 9 with Environmental Consulting and Technology, Inc., of Tampa, Florida, by $70,000 for a new total of $369,273.85 in order to complete additional contamination assessment activities required by the Florida Department of Environmental Protection. ITEM #19 - Authorize Fleet Maintenance and Solid Waste to serve as warranty agents for manufacturers that sell equipment to the City of Clearwater for the purpose of servicing and repairing said equipment that belongs to the City, city customers and other nearby cities and towns, and to receive parts and labor credit or cash reimbursement for services rendered. ITEM #20 - Award a contract to Atlantic Ford Truck Sales, Inc of Ft. Lauderdale, Florida, for the purchase of a 2003 Sterling LT 9500 roll-off truck in the amount of $102,961, which was the lowest responsive bid in accordance with the specifications and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with Sec.2.564(1)(d), and authorize initial vehicle preparation costs of approximately $5,000 for a total cost of $107,961. ITEM #21 - Approve a contract with Roylee Miller to purchase Druid Heights, Blk C, Lot 8 for $120,000 plus estimated expenses of $1750. for survey, title insurance and closing costs, and approve a Lease Contract with Roylee Miller to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003. ITEM #22 - Approve a contract with Michael P. and Harmonie A. Loberg ("Sellers") to purchase Druid Heights, Blk C, Lot 9 for $120,000. plus estimated expenses of $275 to reimburse Sellers appraisal expenses, plus estimated expenditures of $1,750 for survey, title insurance and closing costs; and approve a Lease Contract with said Sellers to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003. ITEM #23 - Approve a contract with Sunset Point Baptist Church of Clearwater, Florida, Inc. to purchase an approximately 3.455 acre vacant portion of Lot 19, E.A. Marshall's Subdivision, together with an approximately 29,809 square foot drainage and utility easement over portions of Lots 9, 19 and 20, E.A. Marshall's Subdivision for $300,000. plus estimated costs of $7,500. for an environmental audit, parcel surveys and closing costs. ITEM #24 - Accept a Drainage & Utility Easement over and across a portion of the Southwest 1/4 of Section 20, Township 29 South, Range 15 East from The Grand Bellagio at Baywatch, a Florida limited partnership. ITEM #25 - Award a contract for the Pump Station No. 22 Improvements (Cont. No. 01-0035-UT) to TLC Diversified, Inc of Palmetto, Florida in the amount of $426,690, which is the lowest responsible bid received in accordance with plans and specifications. ITEM #26 - Approve Change Order No. 1 to the Northeast Advanced Pollution Control Facility Improvements (99-0072-UT) to Westra Construction Corporation of Palmetto, Florida increasing the contract by $772,889 for a new contract total of $10,182,889 and approve a time extension of two hundred-forty (240) calendar days for a revised total completion date of August 14, 2003. ITEM #27 - Award a construction contract to All American Concrete, Inc. of Largo, Florida for the installation of a sanitary sewer main in Faulds Road, in the amount of $120,597.24, in accordance with City Code Sec. 2.564(d). ITEM #28 - Authorize payment to Florida Power Corporation in the amount of $102,985.10, for undergrounding overhead power lines on Mandalay Avenue, Papaya Street and San Marco Streets. ITEM #29 - Award the 2003 Tennis Court Resurfacing Contract (02-0077-PR) to Welch Tennis Courts, Inc., of Sun City, Florida for the sum of $37,900.50, which is the lowest responsible bid received in accordance with the plans and specifications. (Consent) ITEM #30 - Request for authority to institute a civil action against James A. Bagnato, to recover $5,954.09 for damage to City property. ITEM #31 - Request for authority to institute a civil action against Anna K. Ellis, to recover $2,067.43 for damage to City property. ITEM #32 - Adopt the AFLAC Flex One Plan as the plan document which establishes and manages a Dependent Care Expense Reimbursement Plan and a Medical Care Expense Reimbursement Plan, and approve the applicable Reimbursement Services Agreement. ITEM #33 - Approve Mayor's appointment of Deborah Woodard to the Clearwater Housing Authority. ITEM #34 - Authorize settlement of the workers' compensation claim of Claimant, Catherine Slack, in its entirety to include medical, indemnity and attorney fees for the sum of $50,000. ITEM #35 - Approve a lease between B.J.E., Inc. of Clearwater and the City for the premises at 483 Mandalay Avenue, Units 106, 107 & 108 for a period of one (1) year to be used as the Beach Branch Library for a total cost of $56,100. ITEM #36 - Approve Agreement with Alcalde and Fay to provide lobbyist services at the federal level from 01/01/2003 to 12/31/2006 at a cost of $72,000 per year, plus expenses not to exceed $3,000 per year. ITEM #37 - Ratify and Confirm the City Manager's approval of an increase to the Chance Management Advisors, Inc. contract for additional professional services for the Pelican Walk Parking Garage Project for an amount not to exceed $20,000. Assistant City Manager Garry Brumback said approval of Item #34 should be contingent upon Ms. Slack’s dismissal of current grievance regarding sick leave, and upon execution of a release regarding any tort claim arising out of the training incident. Commissioner Hamilton moved to approve the Consent Agenda as submitted with Item #34 being contingent upon Ms. Slack’s dismissal of current grievance regarding sick leave, and upon execution of a release regarding any tort claim arising out of the training incident, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Adopt Resolution 02-52 authorizing the City to enter into an agreement with CSX Transportation, Inc, for installation of one (1) 66" stormwater pipe in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044174. A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct one (1) 66” stormwater pipe. The 66” stormwater pipe crossing is located where the CSX Railroad intersects Jones Street, approximately 0.05 miles west of Myrtle Avenue. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $300.00 for a one-time encroachment inventory fee and $1,500.00 for a construction risk fee for a total cost of $1,800.00. Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund project 377-96142, Myrtle Avenue Drainage Improvements, to fund this agreement. Commissioner Hamilton moved to authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 66” stormwater pipe in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; approve Pipeline Crossing Agreement No. CSX-044174 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-52 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-52 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #39 - Adopt Resolution 02-53 authorizing the City to enter into an agreement with CSX Transportation, Inc, for installation of one (1) 13" water main in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044438. A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct one (1) 13” water main. The 13” water main crossing is located where the CSX Railroad intersects Jones Street, approximately 0.05 miles west of Myrtle Avenue. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $300.00 for a one-time encroachment inventory fee and $750.00 for a construction risk fee for a total cost of $1,050.00. Sufficient budget and revenue are available in the Capital Improvement Program projects 315-96744, Water System Expansion. Commissioner Gray moved to authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 13” water main in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project, approve Pipeline Crossing Agreement No. CSX-044438 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-53 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #02-53 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. "Nays": None. Absent: Hamilton. ITEM #40 - Adopt Resolution 02-54 to approve a Joint Project Agreement with the State of Florida Department of Transportation (FDOT) to relocate natural gas mains during improvement project FPN: 257103-1-56-1; WPI: 7117191; SPN: 15020-1546, Pinellas County, SR 595/Alt U.S. 19 from Drew Street to Monroe Street at an estimated cost of $400,000. The Florida Department of Transportation (FDOT) has a project to widen/improve S.R. 595/US Alt. 19 from Drew Street to Monroe Street including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas System facilities which conflict with the design. Under the Joint Project Agreement (JPA), the State of Florida’s Department of Transportation general contractor will perform the relocation of existing natural gas mains. Having the State of Florida’s Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96374, Pinellas Line Relocation. Commissioner Jonson moved to approve a Joint Project Agreement with the State of Florida’s Department of Transportation to relocate natural gas mains during improvement project, FPN: 257103-1-56-01/WPI No. 7117191/SPN: 15020-1546/Pinellas County, SR 595/Alt. U.S. 19 from Drew Street to Monroe Street, at an estimated cost of $400,000 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-54 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-54 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #41 - Adopt Resolution 02-56 to approve the utility work by highway contractor agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's S.R. 595 (Alt US 19) Roadway Improvement Project. The Florida Department of Transportation (FDOT) has designed the roadway widening of S.R. 595 (Alt. US 19) from Drew Street to Monroe Street. The proposed improvements will include resurfacing the existing roadway and upgrading the drainage system. Construction is currently anticipated to begin by mid-2003, and take approximately one year to complete. This roadway improvement project will necessitate the relocation or adjustment of the City’s water mains and sanitary sewer appurtenances within the project limits. The City of Clearwater’s Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The amounts included on this agenda item are the engineer’s preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor’s bid and may vary from this amount. Project will be competitively bid by FDOT. The breakout of the engineer’s estimate is as follows: Capital Project: Expense Code: Amount: Water Line Relocation: 343-96742-563800-533-000 $130,000.00 Sanitary Utility Relocation: 343-96634-563800-535-000 $ 70,000.00 Total: $200,000.00 Sufficient budget and funding for this agreement are available in each of the projects specified. Commissioner Gray moved to approve the Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT’s S.R. 595 (Alt. US 19) Roadway Improvement project in the amount of $200,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-56 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #02-56 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #42 - Approve the Agreement between the City of St. Petersburg and the City of Clearwater for relocation of the St. Petersburg water main associated with the Kapok Wetland and Floodplain Restoration Project and reimbursement to St. Petersburg in the amount of $70,030 for associated costs. The City of Clearwater purchased the Friendly Village of Kapok in order to develop the Kapok Wetland and Floodplain Restoration Project in April 2002. A work order was also approved by the City Commission in April 2002 with Parsons Engineering Science, Inc. for the design and permitting of the project. The design of the project necessitates the relocation of the City of St. Petersburg’s 36-inch water main that traverses the property. St. Petersburg has requested that the City of Clearwater enter into an Agreement outlining conditions for the relocation of, and securing new easements for the water main. The Agreement also requires that the City of Clearwater reimburse St. Petersburg an amount not to exceed $70,030 for personnel costs, and plan review and inspection services of outside consultants. Sufficient budget and revenue are available in the 02 Stormwater Revenue Bond Construction fund project 377-96141, Kapok Flood Resolution, to fund this agreement. It was noted approval is with the understanding that the City would still try to negotiate a lower price. If costs cannot be lowered, the item would stand approved as submitted. Commissioner Hamilton moved to approve the Agreement between the City of St. Petersburg and the City of Clearwater for relocation of the St. Petersburg water main associated with the Kapok Wetland and Floodplain Restoration Project and reimbursement to St. Petersburg in the amount of $70,030 for associated costs. The motion was duly seconded and carried unanimously. ITEM #43 - Adopt Resolution 02-55 authorizing Supplemental Agreement #3, to include emergency soil mitigation and fuel tank replacement in an existing JPA at Clearwater Airpark, increasing Department (FDOT) funding by $300,000 and authorize the City's contribution of $60,000 under the agreement. The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding to include emergency soil mitigation and fuel tank replacement in the existing JPA for the design and construction of two-ten plane T-hangars, one corporate hangar and the completion of the storm water management plan at Clearwater Airpark, 1000 North Hercules Avenue by $300,000.00. The new total funding provided by the FDOT for this JPA is $1,118,800. The City’s contribution has increased by $60,000. This $60,000 is offset and “paid for” by the decrease of the City’s contribution by $95,300 in supplemental number 2 due to the increase percentage contributed by the FDOT. The savings realized in supplemental number 2 will more than offset the cost for supplement number 3. Funding for this project is budgeted in the 2002/2003 Capital Improvement Program. This increase represents eighty (80) percent participation on the part of the FDOT, and twenty (20) percent on the part of the City. Commissioner Jonson moved to approve authorizing Supplemental Agreement #3, to include emergency soil mitigation and fuel tank replacement in an existing JPA at Clearwater Airpark, increasing Department (FDOT) funding by $300,000.00 and authorize the City’s contribution of $60,000 under the agreement and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-55 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-55 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #44 - Pelican Walk Parking Garage Alternatives Assistant City Manager Ralph Stone said at the last City Commission meeting, staff was directed to continue negotiations with the Pelican Walk property owner. There have been significant discussions with the owner and also significant reductions in projected cost used at the last meeting. Staff also has continued to seek alternatives regarding the cost of a garage and the sources of revenue to support the development of the facility. Staff currently is working on a framework for a 400-space parking garage that will be jointly financed by the City and the Pelican Walk property owner. Under this framework, the property owner would construct the parking garage and the City would purchase 200 spaces in the facility in a condominium form of ownership. The total cost of this project would be approximately $6,750,000 with the City’s share being $3,375,000. The cost per space of this facility would be approximately $16,875 which includes hard construction (at $12,500 per space), soft costs at 15% of construction cost, land cost of $1,000,000 pro rated for the City’s share of the spaces (i.e. approximately $2,500 per space), debt service at 6% over thirty years, and operating and maintenance costs of $585 per space. If the City applies $1,000,000 to its share, the amount financed would be approximately $2,375,000 and would result in annual costs, including operation and maintenance, of approximately $280,375. In order to assure that the design and construction of the facility would withstand a beach environment and have a useful life of at least thirty years, the City would require review and approval of the construction specifications and would provide an on-site “owners representative” during construction. OTHER GARAGE ALTERNATIVES Chance Management Advisors, Inc. provided an analysis regarding the costs and annual debt that would be required for the City to purchase, construct and operate four parking garages of differing sizes. As indicated, the total annual project debt would range from $448,723 for a 247-space garage to $740,300 for a 427-space garage. These options all assume land cost at $1,000,000. REVENUE ALTERNATIVES Administration is evaluating a number of alternatives that are focused on the current proposal, which would require the City to purchase 200 spaces in a 400-space garage. As described above, the annual cost for this proposal based on the assumptions defined previously would be $280,375 including annual operation and maintenance costs. Among the financing alternatives are the following: Special Assessment In order to finance the City’s share of the garage, administration is evaluating a “special assessment district” in the Pelican Walk “parking trade area”. This area generally would be from the Clearwater Beach Hotel on the north to the roundabout on the south and from the beach on the west to the east half block fronting on Poinsettia on the east. The assessment would be adjusted each year depending on the revenue from the City’s portion of the parking garage and would possibly be eliminated over time, if the facility became self-sustaining. Delay Beach Walk Construction The impact of constructing Beach Walk will result in reduced revenues to the parking system either in the form of “lost” parking spaces and/or replacement spaces that are more costly than the current surface lot spaces. The parking system currently is generating approximately $1,000,000 in net income each year. Currently, the system has $3,000,000 in available funds that are earmarked at $1,000,000 for the North beach garage and $2,000,000 for the South beach garage. If Beach Walk construction was delayed, the $1,000,000 in net income would continue to be realized and could be applied to the Pelican Walk project. Eliminate Jolley Trolley Subsidy The Jolley Trolley is currently subsidized by the parking system in the amount of approximately $257,000 annually. Elimination of this subsidy could be applied to the Pelican Walk garage. Peak Period Parking Rate Increase If parking rates for the “premium” beachfront lots were increased by fifty cents per hour during the peak periods and usage remained steady, approximately $200,000 per year might be generated, which could be applied to the parking project. Millage Increase An increase of the general millage rate of one tenth of one mill would generate approximately $545,000 annually. Interest Earnings on Retained Earnings The parking system currently is earning approximately $80,000 annually on the $2,000,000 in retained earnings that have been set aside for the buyout of the Seashell site in 2006. These funds could be applied until that time and may be available if the buyout is not triggered. RECOMMENDATION Administration recommends the City Commission direct that negotiations continue with the Pelican Walk owner and that staff continue to refine financing alternatives. In response to a question, Mr. Stone said staff is leaning toward a partnership between the City and the Pelican Walk property owner for the owner to construct the parking garage and allow the City to purchase 200 spaces in it in the form of a condominium ownership. Staff is researching how and if the City can use bonds for the purchase. Mr. Stone said the owner would keep their development rights and ability to transfer density. He said details regarding the special assessment process, parking rates for peak times, and closing the garage during off peak hours, etc. need to be addressed. It was noted Tampa covers the operating loss for the Ybor City parking garage with income from other parking facilities. Discussion ensued regarding the responsibility to ensure that an adequate number of parking spaces in parking facilities are constructed in areas that would minimize the City’s subsidy. Differing viewpoints were expressed regarding whether beachgoers would use the Pelican Walk parking garage. It was suggested that the retail environment would increase with construction of the garage, which in turn would help to support the cost of the garage. It was remarked that promotion of the garage through public education and the help of local business owners would be helpful. One remark was made that the current Commission should not feel totally committed to follow the previous Commission’s commitment regarding building a parking garage before the new Memorial Causeway bridge is opened. It was remarked that the promise had been made to replace the 30 parking spaces that were removed from Mandalay Avenue. Concern was expressed that the parking fund continue to cover costs for beach cleaning and lifeguards. Ed Hooper, representative for the owner of the Pelican Walk, said all parties are working diligently towards a resolution to a feasible garage. The Pelican Walk property owner already has 102 parking spaces on the premises and is willing to spend a considerable amount of money to net 98 additional spaces. Mr. Hooper also expressed condolences to City Manager Bill Horne on the loss of his father. Nicholas Economides commended Mr. Stone for staying focused on the negotiation process regarding the garage. He said there is sufficient parking for Pelican Walk patrons, however the owner is willing to work with the City regarding the garage. He felt the garage would be an incentive for surrounding businesses to redevelop. He said placing the garage behind the Pelican Walk complex would not obstruct the view. Consensus was for staff to continue to work with the owner of the Pelican Walk property in good faith. Staff will continue to look for additional beach parking. ITEM #45 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #46 - Other City Attorney Items The City Attorney requested an attorney/client session regarding McKimm and Creed vs the City. The session was scheduled for 8:30 a.m. on January 6, 2003. ITEM #47 - City Manager Verbal Reports – None. ITEM #48 - Other Commission Action Commissioner Hibbard said he attended Salvation Army Kettle kickoff and it was great to learn their story. He represented the City at the installment of the new Rabbi at Congregation Beth Shalom. Commissioner Gray wished everyone Happy Holidays and recommended people focus on one thing they really enjoy. Commissioner Jonson presented pictures of unsightly light poles and portable storage units. Assistant City Manager Brumback indicated Florida Power will be repairing the poles and enforcement has commenced against the portable storage units. Commissioner Jonson stated the food pantry is still experiencing lower contributions and encouraged donations. He wished everyone an enjoyable holiday season. Commissioner Hamilton wished everyone a happy and safe holiday season. He said we need to make more effort to help those less fortunate all year-round. He complimented his colleagues on an effective 2002 and looks forward to an even better 2003. Mayor Aungst attended the Festival of Trees on November 20; the City retained the Mayor’s Cup for Best Decorated Tree submitted by a City; the tree was sponsored by the Outdoor Arts foundation and decorated by Silas Beach. He thanked the South Clearwater Citizens for Progressive Action Dinner of Thanks at Ross Norton Center. He attended the Hispanic Outreach Center ribboncutting on November 2. He and his family participated in the Turkey Trot on Thanksgiving Day. Tomorrow morning at 9:00 a.m. at the Drew Street Shopping Center is the ribboncutting for Babies R Us store. On December 6 at 7:00 p.m. a Christian Rock Concert will be held at Coachman Park. On December 8, the 97X concert will be held at Coachman Park. The North Greenwood Cleanup that was canceled due to inclement weather has been rescheduled to December 7 at 8:30 a.m. Participants are to meet at the Jack Russell Stadium parking lot. A wrap-up party will be held at 12:00 noon on Phillies Drive. The Holiday Parade on December 13 at 7:00 p.m. leaves from Crest Lake Park and ends at East Avenue downtown. On December 14 from 3:00 – 8:00 p.m. the Holiday Sights and Sounds will be held at Coachman Park. The Outback Beach Bowl between the University of Florida and the University of Michigan will be held at 2:00 p.m. at Clearwater Beach on December 29. The next regularly scheduled Work Session will be January 6, 2003 at 9:00 am. He wished everyone a safe and happy holiday season and looks forward to 2003. ITEM #49 - Adjournment The meeting adjourned at 7:43 p.m.