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12/04/1997 (2) ,.," ..."'~.. ,...' _""_ :............. "'.__, _,,: " " ," 1. '.' ~ :" , " L : I . , j:',."~',~.'" .. >, J<~~.:',:,I:'I. t' ", .,', , ~ . ,: '}. ' " " .' +': F ~ . :,; '... : , " , ' " ~,:.., I '.: ~ .:' ." '.' . \'. > , ' " ' ,"'.J .:'., ,. : ':, ,'i,":':'>,~.>i,::,:,;~';,,:;,:'.' i ~. . '\ ,., ': '.' ;:, . I, " . ",; , """";1": ..~":;'..'\" '.: ;,,'$'0,:,...~r.;..",~'.~~: ' ~~'" .',:' ,,,'~~:.~'~W:,~tf",,..,;',~~..~ ,'I',""'....' ",,":','1' :I,!i:,;':,':'V -::: ;"":>,:'/.' :";',' '~:,' :, '<,." ..:1':::':: ")',' : ., , !. ~ ' .'" " . "' ~~ . 1 , . I ,l '< , ' " 1,1, COMMISSION '.i'" ,:'.c. ;,!':,T. ' , ' ; City Commission Minutes ." l '.. ,Date lXceAA-be.r- 4) J Cl q1 "", c ;J ,,' .1' \ , " d-1l ,', J;';~:': ','; " .' ,1 , " , . 1\:: '. " '1' " :' " " '..;:. ,I' , . ," , : ~ 1'.' " , . ",l Jc :. j' ',~,\:,'::,,<"-' ... ", .,'.,.:,.:;.::;:....:....::.'.~,......:....,:~::.~......:. ':.:.; ,,',' , ,',' .." ," , ,," " 't" ..", ':J,' ",./', ".",., ','," 0, ,,',' '"I'.::. :' :,:'JJ~"":',\,,', ,:,.' ':',': '. "".,,:", :. "..'., ,: ";""'~': '.'....:'..'1: "';\',:~";"I ';::..',.r,.:", ,'~ ", ,.'\, '.:)':: ,'" " , ' , > , , ~ 'r, " . ,: ',":' ';,' '::,";;:,;:':;~;'~I::;X;~'/k;:~Ji)f,;!'/"~"':;';'~: ";, :::,;" " '.'; ~ ' ". <.,'. N , ~ CITY COMMISSION MEETING CITY OF CLEARWATER December 4, 1997 Present: Rita Garvey J. B. Johnson Robert Clark Ed Hooper Karen Seel Michael J. Roberto Kathy S. Rice Bob Keller Richard L. Hedrick Pamela K. Akin Anthony L. Shoemaker Rich Baier Cynthia E. Goudeau Patricia o. Sullivan Mayor/Commissioner Vice-Mayor /Commissioner , Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager Assistant City Manager City Attorney Acting Central Permitting Director Public Works Administrator City CJerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. o To provide continuity for research, items are in agenda order although not necessarily ,discussed In that order. mM #3 - Service Award~ - None. ITEM #4 - Introductions and Awards Proclamations: National League of American Pen Women - December 1997 Miniature Art Month. January 1998 ITEM #5 - Presentations a) Tampa Bay Partnership Peter Oaks, Tampa Bay Partnership Chair, indicated the organization has more than 100 partnership members. Its activities are supported by the public and private sectors. Executive committee members represent area utilities, real estate businesses, government etc. He reviewed the organization's Mission Statement, '"The Tampa Bay Partnership is a regional organization that works with Its partners to market the region nationally and internationally, to conduct regional research and to coordinate efforts to influence business and government issues that impact economic growth and development." The organization markets the region domestically and internationally, generates and qualifies leads, conducts regional research, and supports regional Infrastructure initiatives. Since October 'dj~>~ ~ mcc1297 '" : ~. ,,' ,,': , , , 1 1 2/04/97 '" ~"';Vl;J..'::',Il( Ip' Vf~'~{I..,t!.i1\r::ll; ~ .F,.~"I '..~IJ~ , J ' . . ,; ',' ";,:' ',,' :':,:~, ',:' , , ,\:, .: < " ~' < ,"',',: ':," ,;',',," ~",',',:';\i< ".,\~ .,...;;;:: ,.:',.:. "<:,~.' J;\' ::,,~~/,".\;'A: \ ,g.' ',t,:::-;, ';'i,\;:;:');'':;", > ,:::":"'::: '."~" ':', :;",' ..,' .:..'::: :';''':,,:,,':J:':J: ,;,,';:::'::,~,..,:,:',....,"'::~ ,,',: ','~;,',:'/~" ", ';, ':,.., ,.:, '.' " ""..,' '" ,',' ," , , ", ..':' ',:, ';, ,J'/ r., . ,"'. ", jl'.., ; ~. ".: '.':'. '.., \ : c: ~"':' , " " , " " , . I . ' . '. , /~ 1994, the Tampa Bay Partnership has processed more than 2,100 inquiries which have ) resulted in the distribution of 230 qualified leads to organization members, On July 20, 1995, the Marketing Committee developed and agreed to Strategic Marketing Goals: 1) global marketplace to perceive Tampa Bay as # 1 business destination (confirm by measurable benchmarks); 2) leads generated by marketing efforts to increase business relocations to entire region; and 3) Pinellas, Hillsborough, Pasco, Manatee, Polk, Sarasota, and Hernando, and Polk counties to be recognized cumulatively as the "Tampa Bay Region." Marketing Committee members represent regional economic development councils and committees. Mr. Oaks said the advertising campaign can be leveraged by each community. The Tampa Bay Partnership has organized a Team Tampa trade show marketing effort. In 1997, the organization spent $525,382 for marketing: 1) $25,087 - trade shows 2) $297,885 - advertising; 3) $55,440 - public relations; 4) $90,212 - research; and 5) $21,000 - direct marketing. A target sector analysis is considering the development of Interstate-4 between Tampa Bay and Orlando as a technology corridor. The entire region would benefit. The Tampa Bay Partnership has firm roots in Pinellas County and Clearwater. Pinellas County members contributed 52% of the organization's funding last year. Mr. Oaks requested help in building the foundation. He thanked the City Commission and staff for their continued leadership. C:> b) Proposed PSTA/Pinellas County/City Multi-modal facility PST A (Pinellas Suncoast Transit Authority) has considered sites to replace the Park Street Terminal which was built in 1983 and cannot accommodate all buses serving downtown. Due to a lack of space, the Jolley Trolley serves the terminal curbside. The City's Economic Development Team submitted a proposal to redevelop the entire block where the terminal is located, including the Pinellas County Utilities Department parking lot. After several meetings of the PSTA, City, and Pinellas County Utilities Department, it seemed possible the agencies could develop a viable plan, contribute resources, and share the benefits. The current terminal site is too small to be expanded. Current development does not meet code as the site has insufficient green space or stormwater retention. A plan is suggested whereby the PSTA would acquire enough ground space to expand the terminal's bus and parking facilities. Stormwater retention could be stored on-site or transported off- site. The terminal size would be doubled to accommodate 1 6 buses. Automobile parking would be relocated to a structure above the bus terminal. No land would be removed from the tax rolls. If approved, additional pedestrian and vehicular activity would occur in an area already congested during peak periods. The bus terminal and automobile parking would have to be moved during the proposed 12 - 18 month construction period. Project costs would include leasing parking and terminal space during construction. o mcc1297 2 12/04/97 '/ . ~ , i) The project is proposed to include storefronts along S. Ft. Harrison Avenue which provide terminal enhancing services such as a snack bar, newsstand, etc. Retail and terminal'space will be separated by a ramp accessing the parking decks. It is suggested the ground floor terminal have an 1 8- to 20-foot ceiling and the mezzanine level above the retail shops have 26 parking spaces, or office space and a community room. The parking garage operation office could be on the ground or mezzanine level. Four full levels of automobile parking also are proposed with approximately 131 parking spaces per level as well as 2 stairwells and 2 elevators. One parking level would accommodate the Pinellas County Utilities Department's need for 105 parking spaces. The 393 parking spaces proposed for the upper 3 floors comparo favorably with a projected area need of 400 to 500 parking spaces. It is recommended the structure's foundation be constructed to allow up to 4 additional levels of parking for future expansion. The proposed multi-modal terminal would have distinct land uses: 1) bus terminal; 2) retail/office space; and 3) parking structure. PSTA would operate the terminal and be landlord for ground floor retail spaces. The Pinellas County Utilities Department would maintain control and responsibility for its dedicated level which will have restricted access. It is proposed the City operate the upper levels for public parking. r.:> The project is estimated to cost $9,652,153: 1) Construction - $8,890,697: a) retail- $553,740 - 10,068 square feet @ $55 each; b) terminal- $1,514,712 - 51,785 square feet @ $29.25 each; c) garage - $5,764,000 - 524 spaces @ $11,000 each; d) pedestrian overpass - $250,000; and e) 10% contingency - $808,245; 2) Architecture and Engineering - $577,502; and 3) Construction management for 16 months - $183,954. It has been suggested construction funding could be accomplished via a 3-way split. PST A would apply to FOOT (Florida Department of Transportation) for $3-million in inter-n:'Iodal funds. Pinellas County Utilities Department would deed its surface parking lot to the project. The City and PST A could split the remainder of costs. PST A Executive Director Roger Sweeney reported the PST A recently celebrated its 100-millionth passenger. Ridership continues to increase. The current Clearwater terminal is no longer adequate. Funding for the proposal has not been arranged. He estimated development of the project will take between 1 and 2 years. The PST A Board of Directors strongly supports this proposal. It was noted the artist's rendering of a Mediterranean styled structure is attractive. The City Manager said this project is an excellent example of adapting a functional structure into a building that can help define the community. The City can use the additional parking. In response to a question, Assistant City Manager Bob Keller said the proposed stores will be "retail" in the broadest sense of the term. In response to a question, Mr. Sweeney said the need for additional downtown parking spaces is being determined. Mr. Keller estimated the deficit at 400 spaces. He said a great deal of work is necessary before plans for the project can be finalized. It was noted 61 % of PSTA riders are between 20 and 49 years old and 53% use the service for work. ITEM #6 - Aooroval of Minutes l' -!) ~ mcc1297 3 12/04/97 .. ~~ ~ i , c L. " '" cj< " " . T '. .. , : ~ . -:. >. ,': ~ ~ . ~', c, I' " , /. ", I '. ; , .;' , rJ Commissioner Johnson moved to approve the minutes of the regular meeting of November 20, 1997, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. ITEM #7 w Citizens to be heard ra items not on the Aoenda Dan Moran sang "Happy Birthday" to Commissioner Johnson. Fran Briskman, of the Clearwater Coalition of Homeowners, wished success to volunteers for the Nagano project. The organization's next newsletter will report the State grant, not City funds, will be used to purchase $10,000 in gifts for the Nagano Hospitality Center. John Atanasio, CAP (Civil Air Patrol) Commander, requested resolution of their request for a lease at Clearwater Airpark to construct a CAP hangar. The City Manager indicated he had withdrawn the item for careful consideration of the proposed long term commitment. He requested Mr. Atanasio schedule an appointment with him to discuss this issue. (:) Sheila Cole expressed disappointment the special Work Session scheduled for December 8, 1997, to unveil development plans for Gulf.to.Bay Boulevard, downtown, and the beach had been canceled. The City Manager said the meeting was being delayed so questions regarding format would not overshadow the presentation and discussion. Mark Dallars spoke in protest of Scientology. He submitted a document authored by Stephan A. Kent, "Brainwashing in Scientology's Rehabilitation Project Force (RPF)." Jav Keves announced the Clearwater Beach Association is sponsoring Christmas caroling at the Pier 60 Park pavilion on December 22, 1997, at 7:00 p.m. Bennetta Slauahter, head of the Winter Wonderland exhibit. was sorry the Commission had to hear the protest against Scientology as she is a Scientology member who supports the City and its goals. PUBLIC HEARINGS ITEM #8 - Public Hearina - 1996/97 COSO Grantee Performance ReDort (HU) Regulations in Section 570.507 and 570.509 of the CDBG (Community Development Block Grant) Act of 1974, as amended, require all program participants to send HUD (U.S. Department of Housing and Urban Development) a performance and evaluation report no later than December 31, 1997, 90 days after the program year's end. The Grantee Performance Report, the principal administrative report documenting the City's expenditures of CDSG Program funds, allows HUD to monitor the program for compliance and financial audits. The Commission approved all expenditures listed in the report through approval of prior years' Consolidated Plans. o mcc1297 4 1 2/04/97 , ",,",', , " ':',.: '~'. ...'~....._~,_..":"'-..........-_~I,.,~_:, '.' ' ... .',,' I..' I' " " . . " : '. , , 'J r: ,':> \;) .' Clearwater Department of Housing and Urban Development Director Alan Ferri said the purpose of the Grantee Performance Report is to solicit pUblic comment regarding the City's performance only under the COSG program. While federal mandates require 70% of CDBG funds benefit persons with incomes less than moderate, the City's rate is 100%. While Congress capped Public Services expenditures at 15 %, City expenditures were 9.5% of totsJ COBG funds. The regulatory cap on administration costs is 20%. City costs were only 11.9%. In response to concerns regarding the percentage of resources expended by the end of the fiscal year, Mr. Ferri reported last year, the City Commission had approved distribution of $1,465,000 in COBG funds. His department was able to spend $1,615,667. He reported program income exceeded the $60,000 forecast by $150,000. Mr. Ferri displayed a chart and distributed a handout listing accomplishments and comparing COSG 'funds spent during the fiscal year with the funds leveraged from other sources. He said leveraging funds is a local objective. The amount of funds leveraged has decreased from earlier years due to a reduction in new home construction, business loans, and delays in public facilities development. He displayed another chart which also included all funding listed in the Consolidated Plan including SHIP (State Housing Initiatives Program) and HOME funds. Lois Cormier, a long~time resident of South Clearwater, said information in the COSG Grantee Performance Report regarding the advertising of Public Hearings was not accurate. She expressed concern the hearings were advertised in the Weekly Challenger, and not in the St. Petersburg Times. She said one public hearing date was listed incorrectly. She felt the City Clerk Department should not have to pay for these advertisements. She thought they should be funded by the COBG Administration Account. Ms. Cormier said the Performance Report was not agendaed for NAHAS's (Neighborhood & Affordable Housing Advisory Board) November 18, 1997, meeting. She was unhappy with the errors. Mr. Ferri reported staff had corrected the inaccuracies which were due to scrivener error and typos. It was noted the City does not advertise in the St. Petersburg Times as its rates are 4 times greater than the Tampa Tribune. The City Manager said the advertisement in the Weekly Challenger meets HUO's requirement to advertise in a publication devoted to low and moderate income residents. Fran Briskman applauded Ms. Cormier for reviewing City documents. She said the Coalition of Homeowners had petitioned the Commission to advertise Commission meeting agendas in the St. Petersburg Times. She noted other municipalities have planning agencies where residents can ask questions. Commissioner Hooper moved to approve the 1996/97 Grantee Performance Report Which documents the performance of the City's Community Development Block Grant Program during the 1996/97 fiscal year and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Johnson said he would like also to thank Ms. Cormier for her comments. Mayor Garvey agreed. mcc1297 5 12/04/97 ; :",' ''':::::i'_''~':'::':'':'.' ..~ ',,:, :i.',:,' ,: ::" .': ::":':':'::"::'~:,:.:),~,', ....,:,',',':</'~; "., ::,:'::;:,,<::'~;:':,,~;',:, ;<,'::',':':',:",'~:..,:": :,:'::', ::,' :,::,::' ',:'?,~:':,:>/,>',',';':~:,',:: :c-::',:'::, ': ::',~::,.",',:;~:"..:.::',: ,:: :",',;,.'.: ~.: '~':':' I :,\ .'::,: ::",:~..' ":.,~,",;'.. /:,"<:.,,~':':::,':':,,~::,:,.:,,:'::,\',,\\,~::', ,'.', ,.,'.., "", ,,,, ."..,'" ',," ".' "", '1:---)'" '\',,:~" . ","~..,',' , '" 'I, '. ,,' '", ",,'; "," " :':' "i':', :,:",':..,:::--:>,', '~,',",;,.:...:(':.' '. "':":.:, ":,:": i,,' ':,', ,'..':....;,:',:"',~, ,:' ":,"', .4I!tI' ': \" '<: -<";"':~ ,:-::.., .","':,,',,"':':,',:;' :::,',,:'>:<':,:':'.,:,: It} It was noted CHUD does a better job managing these funds than was done in the . .' , ." >' "', " . , " past. ITEM #9 . Public Hearino . Amendment to minimum bid amount in the 07/17/97 declaration of surolus real orooertv. 1 03 East Avenue. Gould & Ewing's Sub.. Blk 15. Lots .s.:.u., from $106,000 to $90,000 as determined by appraisal update performed 10/23/97; authorize Purchasing Manager to reissue an invitation to bid (PW) On July 17, 1997, the City Commission declared real property at 103 East Avenue as surplus to City needs for the purpose of offering it for sale at the minimum bid amount of $106,000, which was determined by a September 6, 1996, appraisal performed by Sawyer and Associates. A June 10, 1996, appraisal performed by James Millspaugh, MAl, which valued the property at $60,000, was considered conservative. On August 1, 1997, the Purchasing Manager issued an Invitation to Bid with the minimum bid established at the $106,000 valuation. On the September 25, 1997, bid opening, no bids were received. (~ Since it was declared as surplus, 12 parties have received the bid information package. Of 8 parties who inspected the premises, several expressed interest. All indicated the property requires substantial remodeling expenditures. Staff contacted both appraisers for updates. Mr. Sawyer was unable to oblige due to his workload. Mr. Millspaugh updated his 1996 appraisal and concluded the current minimum'value of the property is $90,000. Staff believes a minimum bid amount of $90,000 more accurately reflects the current market and would likely attract a purchaser. In response to a question, Mr. Keller said the subject property is directly on the Pinellas Trail. It was noted the assessed value of the property is $6,200 greater than the current minimum value of $90,000. Mr. Keller said the assessment can be appealed. He said that issue would not deter an investor from purchasing the property. Commissioner Seel moved to approve an amendment to the minimum bid amount in the July 17, 1997, declaration of surplus real property legally described as Lots 8 - 11, Block 15, GOULD AND EWING'S SUB., A/K/A 103 East Avenue from $106,000 to $90,000 as determined by appraisal update performed on October 23, 1997, of a real estate appraisal dated June 10, 1996, and authorize the Purchasing Manager to reissue an invitation to bid, with all other terms and conditions of said declaration and invitation to bid remaining unchanged. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ord. #6214-98 - Vacating 30' r-o-w of Alden Avenue, lying between Lots 5 & 6, Blk 1 and Lots 1-4, Blk 2. R. H. Padgett Sub. (Jones, Sliver & St. Matthew's First Missionary Baptist Church, Inc., V97-17)(PW) o Betty Jones, Joyce Silver, and St. Matthew's First Missionary Baptist Church, Inc., request vacating the 30-foot right-of-way on Alden Avenue addressed as 715 Seminole Street. This portion of right-ot-way is not paved. Several homes abutting the East and West rights-of-way use it tor vehicular traffic. Morton Plant Hospital is purchasing the land mcc1297 6 12/04/97 l ..." ~, ,..,:, ' ,.:'.____.-:.-:.....j'~...--,.,..'........,... ,',". "',";'" . ," I '. ',," -. ~",',' '" " '. ,/'", ,~ and plans to raze the subject homes to construct a parking lot for the new Family Practice Center. The City's water main and sanitary sewer line are within the right-of-way. GTE Media Ventures has facilities in the right-of-way and does not object to the vacation as long as they receive $1,500 to relocate their facilities. Florida Power, GTE, and Time Warner do not object to the vacation. Public Works Administration has no objection to vacating the right-of-way provided it is retained full width as a drainage and utility easement and Morton Plant Hospital deposits $1,500 is an escrow account for the relocation of GTE Media Ventures facilities. It was noted adjacent property owners had been contacted regarding this request. Commissioner Clark moved to approve the request to vacate the 30-foot right-of- way of Alden Avenue lying between Lots 5 & 6, Block 1 and Lots 1 through 4, Block 2, R.H. Padgett Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 1/6214-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 116214-98 on first reading. The motion WbS duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. (~ ITEM #11 - Public Hearina & First Reading Ord. #6216-98 - RPD 11 Zoning for property located at 1345-1357 Pierce St., Tagarelli Sub., Blk 3, Lots 1-4, W 34' of Lot 5 (Tampa Bay Communlty Development Corp., Z97-10HCP) The Tampa Bay COC, (Community Development Corporation) Inc. wants to rezone and raplat property it owns on the West corner of Evergreen Avenue and Pierce Street and approximately 200 feet North of Franklin Street. The proposal is to rezone Lots 1 through 4 and part of Lot 5, Block 3 in Tagarelli Subdivision to construct 8 affordable single-family homes for low income families. A zoning of Residential Planned Development "Eleven" (RPD-11) is recommended. Currently, the subject lots are zoned Multiple-Family Residential "Twelve" (RM-12) and have a Land Use Plan Classification of Residential Medium. Surrounding properties have a compatible Future Land Use Plan Classification of Residential Medium. Properties North, South, and East of the subject lots are zoned Multiple-Family Residential "Twelve" (RM-12) while properties to the West are zoned Mult;pJe~FamiJy Residential "Twenty-Four" (RM-24). The proposed Zoning Atlas Amendment is requested to permit the construction of 8 affordable homes in the area. u The combined lots measure 39,536 square feet (0.91 acres). Establishing a new RPD (Residential Planned Development) district requires 4 acres or more. RPD-11 is' proposed to provide an alternative method of land development in this neighborhood to accommodate 8 comprehensively planned development project. The proposed development' will be consistent with the Concept Plan approved by the City Commission. The zoning request would be consistent with the surrounding land use patterns and is in character with the neighborhood. Rezoning will provide the applicant flexibility to mcc1297 7 12/04/97 . ~ ~.. . " , , ." ., . -~~:.~l /,' !:',W~'iiiii:.'i'\:;'/};i?,'ici:;l:)"';h~'ni:~~~?,'::~:B' ;}\i"'~'?;:)I;;\;;:;,:});'!';,~;:}!'(:;;,;,;,1'.:~",:@' , . l ~, " . . ~. '... .' ~ .. .:.'~______ .._..L.. '..'..._ _ ~ '_: J-.. ':' ,+' ',' " '. :~' .' . ...,.. {, j , . 'L1 'c'. '+'.. oJ accommodate the buildings with exceptional setback requirements. The development project will contribute positively to the City's development/redevelopment. On November 18, 1997, the Planning & Zoning Board voted to endorse the request. Acting Central Permitting Director Anthony Shoemaker said the property needs to be replatted. It will not be brought back to the City Commission. Lot 5 meets the minimum requirements of City Code. It was Questioned if it is necessary to rezone the property in order to build the 11 units. Senior Planner Lou Hilton said the City has gone below the 4-acre threshold before to create a planned development. The change will allow necessary flexibility regarding setbacks. Greg Schwartz, Executive Director of Tampa Bay CDC, said a neighborhood of single-family homes will foster a pride in home ownership and sense of community. In response to a Question, Mr. Schwartz said the DRC (Design Review Committee) had recommended against the original proposal to construct cluster homes for those same reasons. As it also was noted many moderate income persons have had to live previously in attached housing, it was determined a single-family home development would be more suitable. In response to a question, the City Attorney said the proposed ordinance indicates the City Commission has determined the zoning change meets the public good. (~~\ .,,"t<! Ms. Cormier said there was a great deal of discussion regarding this plan at the November 18, 1997, Planning & Zoning Board meeting. The vote was 3-2. She expressed concern the project will be squeezed onto the property and will not have sidewalks. She said that omission will endanger children. Tom Smith, President of General Home Developers, the project's contractor, said his company has constructed many similar projects. Sidewalks will be included. The road through the development will be narrow and one-way. He said the project was discussed at 4 ORC meetings. He noted the City has little affordable housing. He said the homes will be nice and priced in the $75,000 range. Mr. Ferri said his department will provide capital to develop these homes. He applauded the efforts of Tampa Bay CDC which worked in cooperation with staff and developed an excellent neighborhood plan. Each 3 bedroom, 2 bath house will have slightly less than 1,500 square feet, Commissioner Hooper moved to approve the Petition for Zoning Atlas Amendment to Residential Planned Development 11 (RPD-11) for lots 1 through 4, inclusive tho West 34 feet of Lot 5, Block 3, Tagarelli Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #621 6-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 116216-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. u mcc1297 8 1 2/04/97 ....,..,. , ....; "...'... ,...,:. c'c . ..', .\ .,{" ":;"}_'1:':,!t'>',t;~::~:,(\:'?i,:l'1,:;,:;,;;:~~,.~i.;~itF';~::~;':i::!:~i',':',i':::"';:),,:'\"r,;:.'\"/;';:"2,;~; " ,~ "Nays": None. I .). 1 ~~ In response to a request, Mr. Schwartz reviewed his organization's history. Tampa Bay CDC began serving the area in 1982 with the intention of acquiring blighted properties in North and South Greenwood to encourage home~ownership and provide home~ownership opportunities to low and moderate income families. The agency expanded Countywide in 1987. The home-buyers club was formed 3 years ago. He said his agency already has 3 reservations for this development and felt it will sell out quickly. The Commission recessed from 8:05 to 8:27 p.m. ;-:.: ITEM #12 - Public Hearing & First Reading Ord. #6221-98 - RPD 7.5 Zoning for property located at 1 N. McMullen Booth Rd., Sec. 16-29-16, M&B 21.16, 21.17 & 21.18 (Bricks Management & Real Estate Development, Z97-09)(CP) co, Bricks Management and Real Estate Development requests a zoning change and substantial revision to a site plan certified in 1987. The applicant proposes to rezone the lots and replat them as fee simple townhouses. On the subject property at the West corner of Bayshore Boulevard and John's Parkway, the applicant wishes to construct 68 units and rezone it Residential Planned Development 7.5 (RPD~7 .5). Currently, the subject property is zoned Residential Planned Development 5.8 (RPD-5.8) and has a Land Use Plan Classification of Residential Urban. Under RPD-5.8 density, 55 units are permitted. No land use plan amendment will be necessary. All land assigned the proposed zoning district will require a City Commission approved Concept Plan. <'. >,' " " l:- ,; The applicant is renewing a previous certified site plan with modifications to comply with new FOEP (Florida Department of Environmental Protection) wetland laws. Modifications involve substantial site improvements including water, sewer, drainage facilities, roads, and parking facilities installed to City standards. The proposed development will be consistent with a City Commission approved site plan that meets all requirements of certification, including the payment of all applicable impact fees. I:,':' .".:f' .'~. I, The combined lots total 9.6 acres. The applicant meets the RPD requirement for a minimum of 4 acres. The maximum permitted density being requested is 7.5 dwelling units per gross acres. Based on the size of the property, 72 units could be allowed. The applicant is proposing 68 units due to necessary improvements to the site. The RPD district is proposed to accommodate a comprehensively planned development project. Staff is working with the applicant to prepare a traffic impact study to determine the peak hour LOS (Level of Service) in accordance with the City's concurrency management program. The rezoning request would be consistent with surrounding land use patterns and in character with the neighborhood, considering area residential facilities. The proposed zoning district would provide the applicant flexibility to accommodate buildings with exceptional setback requirements. On November 18, 1997, the Planning & Zoning Board voted to endorse the request. , , _1,', " ' , " :.>,;: ,',(, ",', :.'1, \' .'.' ,', . ,", '".' '.-'. " , I',,' I.,. " , l,',l " ' , . ( ~.l' ~ ' i~' /', , , : ,", ..,..'.. .,.,., .~. ';,: . The City Attorney reviewed the quasi-judicial hearing process and indicated the criteria for planned developments and standards for approval had been provided to the City "';i'<; u mcc1297 9 12/04/97 J , ., ~ " " ',:,. , . ~ : '': I '~,' ,: ,:,';':::~'; ~ . '.'~ " ". ~ I" . , .... -, ::;:..~.:;",~~:-,: '\":<' ~,". .,.' ../:::::~;::;?;::,: " ,1/" >, ";\;.;,.~~;;:~~::~'~~~~~~~~ " ' ,.:' ,','... I "...~.:......:..,_.....~,.::.......-...,...~,........, :,l '" '., ~" ," ' ,.,. ""I :.'.' :} {~ . ,- u '" , . I. '" Commission. Mr. Hilton reviewed the staff recommendation to approve the RPD. He said the site. with wetlands. trees, and aquatic plants, is a challenge to develop. He noted discrepancies brought to staff's attention regarding the site's topography. The process requires permits from FDEP (Florida Department of Environmental Protection), SWFWMD (Southwest Florida Water Management District), the Army Corps of Engineers, and the City. The 9.6 acre site includes Preservation wetlands and jurisdictional wetlands. Each townhouse is planned to have 1 ,440 square feet. He said the development will have minimal impact. He recommended approval of the plan with the condition that staff review the site's topography prior to the final reading. Marcus Vernon, representative for the applicant, said he is an engineer and attorney and offered himself to the Commission as an expert in law, land development, and engineering. The property's wetland area is greater than the 1.2 acres zoned Preservation. The development will transfer density as allowed by code. Approximately 1.5 to 2 acres of the site are wetlands under the jurisdiction of FDEP, SWFWMD, and the Army Corps of Engineers. The site plan was based on a topography report completed for the previously approved RPD-5.8. Since then, some changes to the site have occurred such as siltation and other changes to the land characteristics. He said the site's topography will be verified before 2nd reading. Mr. Vernon said the proposed RPD meets the intent of the ordinance. He said the plan is fluid as it reflects staff recommended modifications. He said a number of issues were raised during a meeting he had with the community. Staff has been cooperative in addressing concerns. The developer is working closely with staff. He noted ORe (Development Review Committee) meetings are open to the public. He said the proposed plan is for 68 high-end townhouse units. The development will be similar to one for single- family homes. The developer is working with the Army Corps of Engineers to develop a viable wetland area. Currently, the property has a great number of invasive plants and is used as a dump. The development will clean the property, reestablish a wetlands area, and create a large upland habitat preserve. The developer has offered to establish a conservation easement on that preserve. In response to a question, Mr. Hilton said abutting properties are zoned RS-B. In response to a question, Mr. Vernon said the development's minimum setbacks will be 20 feet with some approaching 40~ 45-1eet. He said 5-feet is the minimum setback under zoning RS-S. G. David Fellows submitted a packet of information including some aerial photographs (Exhlblt 1), and photographs of water accumulation after a recent rain (Composite Exhibit 2). As spokesperson for neighborhood residents, Mr. Fellows objected to the rezoning request. He said the site is a low lying wetland and is underlined by a confining layer of clay which will not allow water to percolate. He said the area has had problems with runoff since McMullen-Booth Road was completed. He said the topography listed on the site plan does not match the U.S. Geological survey and felt the concept plan should have been presented accurately. Mr. Fellows expressed concern regarding runoff from the retention pond at the rear of the church property on McMullen-Booth Road. He said the frood zone identified on the plan is inaccurate and every building proposed for the site is in the flood zone. He 4uestioned the site plan's ability to address stormwater mcc1297 10 1 2/04/97 \/::,{:'.:'~ ::_", ::,: :'..',;.;' ',:,;, ,,: ,~,""", ~" :',' :', "~'I ':' ::, ~ :"i;;r,>>', ;',i"'i~':~,\\'i:,;/ " ,>,..::,'::::.::.:,:::,.::,',,' ~','; :, " ,::) ,:;~:../:'>;\:';:::/:<,\i::,:';~,/,::,.,:':',;:.,:,/~';:,': ~:'.i/:::;:::'.. :,', :::;':~;\:::/, (:':~<<;',:, '>:~,"',;:,'! : "::, ,!', 'i,:,:" ~', '::,::/,: ~:<\:), ,\' :',:,:~,;;':\'\:'::,',':';,';:. " , ,,' ......" '\',', ,", ,~ '.' ..., , <<, "~:,,, .",:.....' ;"... "~": "'~.'" ' ..,,,,'!l','..' " " ,..,..".,'., /:;:\'~':::: ,~,,:),::,:):,>,.;,:>': .:',~:I,';I:,:~'<.\i,:::.,,:','i,'.:.',:J ::/,:'. ,.~'.,,';,:/\:'f<, /~i,':,',<....::,:,~ ?:,/':,:;,<>':~M:..,',//:>'< ~,::':::':',:'':'',' ,:',::' ::..,....,": :;>, 1':,< ;~;::',,'/:,:'~':<':',:,\,,': i~ ;. .' }: ',',' " , , " ',' ,..,' . ' ' . ~ : j ~c " , , " l ~ , ,': ';::'" i~ ': ". ~ ~ :: " \:', ~; (::> ., :':;. I':,:, (C,'; ;{l.'c ,.= ' ':(1 . . ~, : ", .'.' "" ", 0" . ~ , , " " . ~ .' ,: .'. , , ..'. , " ..' , . ~',' ',"" I...' " ' ; : 1.::- :,.'1,:", \ ' ~ ' ,-';' .,', :,,- u : ~. .. \ ':.' ~ ~ ,: : ':,l" ,,' ~ ; , .. .~.... :"~'. ~ "':,' 1:":,"':'- ". t . : :':;' ':J :~':'.,.. ~'.<:-':":' ~ '.' ".., · "i j':,:/ '::.:' : ~ .. " retention requirements. He expressed concern the townhouses will be 42 feet tall when the tallest area building is only 34 feet. In response to a question, he felt the original plan was more suitable for the site although he preferred a development of single-family homes. He said John's Parkway was paved due to runoff after completion of the Bayside Bridge and McMullen-Booth Road. It was noted Pine lias County had paved the road. Mr. Fellows said water drains from the road onto the subject property. He said the property's watershed has doubled since the previous site approval. In response to a question, Mr. Fellows said he opposes both projects. In response to a question, Mr. Hilton said regulations have been adjusted in the last decade. Obtaining permits is more difficult than in the past and the site must meet all current regulations. Concern was expressed the site plan does not contain a retention pond. Mr. Hilton said the site will have small connected ponds that incorporate an existing wetlands area. It was noted the area was not flooded this morning after a great deal of rain. Mr. Fellows said drainage changes resulting from construction of the Bayside Bridge and widening of McMullen-Booth Road has caused more water to flow across the subject property and should result in a lower density zoning. In response to a question, Mr. Hilton said the property can be developed according to the original RPD-5.8 plan if it is recertified and new SWFWMD permits are obtained. In response to a question, Mr. Fellows said he had complained to the County regarding the runoff from Jones Parkway. As approximately * of the homes on Johns Parkway are in the County and have septic tanks, it was noted the soil must allow percolation. In response to questions from Mr. Vernon, Mr. Fellows said he is not a professional engineer and his statements are based on opinion. Mr. Fellows was not familiar with the technique of commingling retention water. Mr. Vernon noted the proposed development of the subject property with single family homes was abandoned as it could not accommodate all environmental regulations. He said the proposed height of some of the buildings is based on code requirements. Erik Williams submitted a petition (Exhibit 3) signed by those opposed to the "over- development" of the property. Although the zoning is RS-8, he said the neighborhood had been developed with a lower intensity. Mr. Vernon noted concerns of "over-development" are based on opinion. In response to a question, Mr. Williams said no multi-family homes are in the neighborhood. It was noted multi~family homes are located in the area. The borders of the neighborhood cannot be identified. Mr. Williams said he welcomes development but not the proposed density. " Jeff Harman showed a video, taped November 16, 1997, of neighborhood puddles following 8 rain storm. Roberta Hardesty, Doug Lasner, Chris Albrecht, Sandi Floyd, Clifford Hardesty, Tom Lusaro, Lou Angie, Anne Garris, and Sheila Cole opposed the planned development stating: water problems have worsened; flood insurance is required; properties stay wet; traffic on Johns Parkway and ilK" Avenue will increase; Bayshore mcc1297 1 1 1 2/04/97 . t. 'c.; \~"~{y'"!:"?,';'~;::i;i;~'!;" :)j~~,::')r;;t);:,'4B::;:.,';t;~','):;.i;,~;):~:': ::?;;{!,)?+;':?:~::;?i;'{~.~{,~'.i;,.::,j:;;;}~\:~"!';i1 .' ,') Boulevard and McMullen-Booth Road already have too much traffic; a multi~family development is incompatible with the neighborhood; the environment will be harmed; the density should not be increased; maintaining the integrity of the neighborhood is important; more asphalt will result in additional runoff; and the property should be purchased for a City park. Mr. Vernon objected to remarks made by Anne Garris and Sheila Cole who live across town and, in his opinion, have no standing in this issue. It was noted the development will not have ingress/egress onto St. John's Parkway or "'K'" Avenue. In response to a question, Mr. Shoemaker said the concept plan or landscape buffers cannot be changed without coming back before the City Commission. The City Attorney said staff can only approve minor changes. The development must pay an impact fee. In response to a question, Mr. Vernon said a minimum setback of 20-feet will be maintained. In response to a question, the City Attorney reviewed the rules for a quasHudicial hearing and the strict criteria for approval. j,'I~W,) ,.,t~ . ...., ~, Mr. Vernon said gullies indicate erosion, not flooding. The developers are trying to create a project that takes the environment into consideration. He said the proposed RPD will allow a number of units to be built on the uplands to preserve the wetlands. He said a retention pond would have to be constructed in the wetlands to handle commingling. Instead, they plan to construct small percolation ponds which will be quite expensive. Water flows across the subject property from the church retention pond, and runoff from Johns Parkway, "'K'" Street, etc. The upland habitat to be created will improve the site. Mangroves currently grow only along Baysh0re 8c~!~'::::'~. !! was noted the DRe will review the water flow issues. Mr. Vernon noted current environmental regulations are more restrictive than in the 19805. He said the neighborhood has refused the developer's attempts to work with them. In response to a question, Mr. Hilton said the original plan has more asphalt coverage of the property. Mr. Vernon said the original plan to access Johns Parkway from the development has been changed. The site will not contribute to traffic on that road. In response to a question, he said the statute prohibits the developer from diverting water away from the property and creating off-site impacts. Mr. Fellows expressed concern the development will increase building coverage by 39%. He said the concept plan should be accurate. He said elevations listed on the plan differ greatly from elevations shown on the U.S. Geological survey. The plan does not identify tree coverage or show the streams. He felt approval would grant a special privilege to the applicant. Mr. Vernon said the property's preservation area will be increased to 3 or 4 acres. He said the development would be in the best interest of the property owner and neighborhood. He agreed a water problem exists on the property during high tide. The development will help the water problem but, by law, cannot contribute to the problem. He said no one has a vested right to .e zoning designation and the RPD complies with the u mcc1297 12 , 2/04/97 r) ~; '.... ~', I ~: " ,; . .' , .../ " " , " {~~ ."t!!'~.: . " . ' . .". '.' , 'II, ~ I " '.' , .'. '~ , ',': : i : ,', ;. ;i ',' ',:~ .:' ,.1 " , '" '. 't , ' < :i: .~ '. t ..'..... ~"', :'. .'>:', :~:' ~ : " ~ ," ','to':. ,r .' :- ','., ,~ ~.; ',>. o '''h 'or,. \..,. , ,~ '.1 ' ,1.,," ,. :':\:'ii:,;:));";;' .' , ~ (. Land Use Plan and meets all standards of approval. He felt the developer had met the burden of proof that the property is entitled to the requested zoning. In response to a question, Mr. Hilton said staff will obtain an accurate site plan. He recommended a condition to require up-to-date topography and tree surveys. In response to a question, he said the project meets the traffic concurrency standard. Staff has determined the development will have minimal impact on traffic at peak hours. It was noted this is step-one in a lengthy process. No substantive changes can be made in the plan without coming back to the City Commission. Retention and setback requirements are designed to exceed minimum code requirements. Mr. Hilton felt the development may reduce standing water on Bayshore Boulevard and improve water discharged into Tampa Bay. In response to a question, he remembered some previously had opposed 40-foot tall structures. It was noted the request is for 13 additional units. It was felt the zoning should remain RPD-5.8 as the proposal does not meet standards 5, 7, or 9. It was stated the project will add traffic to a congested area. Concern was expressed water will not drain properly during high tide. It was felt the original development plan should not be changed. Concern was expressed the use of pipes will release untreated stormwater into Tampa Bay. Mr. Hilton said the water will be piped to B more impervious area for cleaning. In response to a question, he said the City will make certain the project meets all laws and requirements. It was noted the developer is trying to work with residents in the surrounding neighborhoods. It was felt the new plan is more friendly to the environment. Commissioner Hooper moved to approve the Petition for Zoning Atlas Amendment to Residential Planned Development 7.5 (RPD-7.5) for M&S's 21.16, 21.17, & 21.18, in Section 16-29-16E. The motion was duly seconded. Commissioners Clark, Hooper, Seel, and Mayor Garvey voted "Aye"; Commissioner Johnson voted "Nay." Motion carried. The City Attorney presented Ordinance #6221-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6221-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. Public Hearina - Second Readina Ordinances ITEM #13 - (Cont'd from 10/16 & 11/06/97) Ord. #6197-97 - Amending Sec. 20.35 to require certain maintenance of the sidewalk portion of r-o-w by adjacent property owners The City Attorney presented an amendment to Ordinance #6197-97. mcc1297 13 1 2/04/97 " ~' . l' ,', : >, .\ c.,~ :;"'i'.\': (':':/';~ ~...-t..~,~;\'::' I!', ,I"" '\" , , , :::, 'i'::;:~"""':,:,;",,,,:',',,:~'.,",',\,,;,""':',';,',.,:.',.,,:.",;',,','~i,.,','::':'..::',:::::..:,:;' :;',::::,;>>::,,' :: '".':::' ,';' , ,.,', ~ ,':,:'.,'~',.'," ';r:';:',' ,"" ' , ,:'" .'.,:>: >'. ,! :':',', ,:', ':"':'",!", ,"',"~'.,\":};;,l,:,, :<; '{' .;": /, .":,:, '\' . ......: ..... ..> . ..', :.::,.';.:';:;";},~L4.,.':,;\.~ '\'<:. "7' ,~<<,,::; ;,'.>::;"'.'{ "Ayes": Johnson, Clark, Hooper, Seel and Garvey. }' . c'l I ... ~ ", ~ ,,: ' ',:,1. .:.~.:: :'\1 :~., ',I,' ~ Commissioner Clark referred to Section 1 of Ordinance #6197-97 and moved to amend language to be inserted in Section 20.35(2} as follows: In addition to the above requirements, the property owner shall keep the sidewalk portion of the right-of-way clear of trees, shrubs, and other vegetation and a height clearance of at least 8 feet from the sidewalk pavement measured vertically from the pavement surface. Exceptions to the required clearance of 8 feet may be made for trees deemed by the Urban Forester to have environmental significance. Trimming in excess of 30% or removal of trees will require a permit as specified in Chapter 52, Tree Protection, of the City Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6197-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6197-97 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Nays": None. ITEM #14 - Ord. #G210-97 - Annexation for property located at 2131 NE Coachman Rd., Mosel! Acres Sub., part of Lot 2 (Frederick & Camille Hosley, Harvey & Dana Kerstein, A97-12) ~, The City Attorney presented Ordinance #6210-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6210-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM # 15 - Ord. #6213-97 - CG Zoning for property located at 21 31 NE Coachman Rd., Mosel! Acres Sub., part of Lot 2 (Frederick & Camille Hosley, Harvey & Dana Kerstein, A97-12) The City Attorney presented Ordinance #6213-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6213-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #16 - Ord. #6215-97 - Relating to schedule for Solid Waste Collection Rates; amending Appendix A, Art. XXV Public Works Fees, Rates and Charges; Sec. (3)(c) Solid Waste Collection Rates o mcc1297 14 1 2/04/97 : :' ,;; c_~ . ,. . - ._..a-~~"_" >". . .'P." .' F '", :~ ',' o?:' ,',: ,~~: .,;>t'~'~ ~ .' ~ I' ;." ' r . . ,.II; ~ ,,:;, I} , The City Attorney presented Ordinance #6215-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6215-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey. "Nays": Seel. Motion carried. ITEM #17 - Ord. #6217-97 - Submitting to the City Electors a proposed amendment to the General Employees Pension Plan: amending Div. 3, Sec. 2.399, establishment and operation of Pension Fund, Subsection c . Powers and Duties of Trustees, relating to investments: providing for a referendum election The City Attorney presented Ordinance #6217-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 1/6217-97 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. c Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-27) - Approved as submitted. ITEM #18 - Aooroval of Purchases Def 11/07/97 memorandum: Crane Carrier Corp., three (replacement) 1998 Crane Carrier front loader refuse collection vehicles, $383,079: funding to be provided under City's master lease-purchase agreement (OS) Apollo Construction and Engineering Services, Inc., removal and disposal of pre-cast fascia 'at the Northeast WPC facility, $44,764 (GS) Noland Company, gas water heaters for resale, 12/15/97 -12/14/98, estimated $165,000 (GAS) South Central Pool Supply Inc., gas pool/spa heaters for resale, 12/15/97 -12/14/98, estimated $67,000 (GAS) Dynamic Distributors, gas barbecue grills and fire logs for resale, 12/15/97 -12/14/98, estimated $40,000 (GAS) o mcc1297 15 12/04/97 c .....-..~--- ~...._'......\..H..,j.~...~ioct..i~1,:..~~I:..,..l.-~i,~~:.::',~..'; ~.,'T,.."'..,'..~:.c.:~.;:>. .~~,. " . " , ,:, ""':',,'~>':' ^. ,. ''1 ITEM #19 - Aoorove $120.000 Davment to Caleb Winston, in return for complete settlement of workers' compensation claim, including all indemnity and medical benefits, attorney's fee, and waiver ,of future job-connected disability pension benefits (FN) ITEM #20 - Contract for Installation of Dolvethylene gas mains on Madison Street, from School Road, north to Massachusetts Avenue then east on Massachusetts Avenue from Madison Street to Congress Street, Mueller Distribution Contractors, Inc., estimated $229,928 (Pasco County Gas Expansion - Phase V)(GAS) ITEM #21 - Authorize City Manager to renew Aareement & aoorove Addendum No.1 with Pinellas County Sheriff to provide latent fingerprint examination & related services, as well as crime scene services including evidence & property storage, 01/01/98 -09/30/98, for $268,852.02 (PO) ITEM #22 - Aoorove acceotance of second year arant funding for FY 1997/98 from the FOOT for Clearwater's DUI Enforcement Project, $80,920 (PO) ITEM #23 - Collective Bargainina Aareement as negotiated with FOP Suoervisors for Fiscal Years 1997/98, 1998/99 & 1999/00 (eM) ITEM #24 - State Brownfields Redevelooment Grant Agreement (CM) ~~, .1., ITEM #25 - Drainage & Utilitv Easement - Sec. 12-29-15 (Aerosonic Corp.)(CA) ITEM #26 - Drainage & Utilitv Easement - Sec. 12-29-15 (James T. Walker I Margaret Watkins WordHCA) ITEM #27 - Water Main Easement - Fairburn Addition. Blk A. Lots 1 & 2 (Everybody's Tabernacle, Inc.)(CA) Commissioner Johnson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The Commission recessed from 10:46 to 11 :02 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 ~ Contract to construct the Clearwater Beach Family Aauatics Center to Oakhurst Construction Company, Inc., $656,783 which includes base bid and alternates #1, 4, & 5; approve subsequent change order deduction in the amount $32,670, and approve transfer of $39,680 from recreation facility impact fees and $160,598 at first quarter from other CIPs (PR) The Clearwater Beach Family Aquatics Center includes traditional swim lanes and mini-water park amenities. The project's design, budget, and scope were determined after / w mcc1297 16 1 2/04/97 , ~~~ .{o1f' If approved, the shortfall will be funded from CIP projects for picnic shelters, a new parking lot, playground replacement, Cooper's Bayou Park, and Recreation Facility Impact Fees. ~ citizen input at 2 public meetings and budget hearings. The Commission had directed staff to determine actual construction costs via the advertising and bid process. The $710,783 low bid included $626,283 as the base and $74,500 for water park amenities bid as alternates. The bid is $210,783 greater than the current budget. Staff recommends value engineering out several items worth $32,670, including a $4,000 pool heater. Staff recommends: 1) including #1 raindrop, #4 lemon drop sprays, and #5 funbrella; 2) saving $8,015 by purchasing the drop slide directly for $21,985; 3) postponing purchase of the kiddie slide; and 4) setting aside $54,000 for contingency and other items. In his November 25, 1997, memorandum, Parks & Recreation Director Ream Wilson reported the proposed design allows a variety of aquatic programming including instructional, open, lap, and competitive swimming, exercise classes, and mini water park experiences. Staff feels the range of programs would be attractive to residents, visitors, and be a source of revenue. The design incorporates components endorsed by citizen input and allows for expansion of water park features. It is estimated the facility would generate approximately 250 visits per day during June, July, and August. During the Spring and Fall, the estimate is 100 daily visits. The project's cost includes a $636,283 base bid, $20,500 for #1, #4, and #5, less value engineer reductions of ($32,670) for a revised contract amount of $624,113. The City's purchase of #33 for $21,985 plus the $54,000 contingency increases the revised project cost to $700,098. The available budget of $500,000 leaves a shortfall of $ 200 ,098. Recreation Superintendent Steve Miller reviewed the site plan. In response to a question, Mr. Wilson said 6 soil borings done on the site of the previous fuel line were clean. He said that former use should not pose a problem for construction. He noted changes to the aquatic center plan were based on public input. He was unhappy the bids had come in higher than anticipated. He felt the proposed plan was the best one to serve all interests. Competitive swimming will occur only during off hours. The proposal does not include a heater but the pool will be properly plumbed for future installation. A pool blanket also would be required if the pool is heated. He suggested a competitive swimming program could be asked to pay toward the heater and operating costs. He felt the proposal fits well with plans to redevelop Clearwater beach. In response to a question, Mr. Miller said the 1 25 CAT (Clearwater Aquatic Team) members anticipated to use the pool. currently swim at the Long Center. He said the Long Center has had difficulty accommodating the growth of this program. Overflow from the program already uses Ross Norton Pool. Concern was expressed regarding the high price of the project. Anne Garris and Jay Keyes of the Clearwater Beach Association, Paul Koning, Sheila Cole, and Herb Frietag supported the pool, indicating the beach needs a pool similar o mcc1297 17 12/04/97 Commissioner Seel moved to award a contract to construct the Family Aquatics Center (Bid #98-4) to Oakhurst Construction Company, Inc., for $656,783 which includes base bid and alternatives #1, #4, and $5: approve a subsequent change order deduct in the amount of $32,670, and approve the transfer of $39,680 from recreation facility impact fees and $160,598 at first quarter from other capital improvement projects, and that the appropriate officials be authorized to execute same. The motion was duly seconded. t") to those in other City neighborhoods, alternative sources of funding should be found, heating equipment should be included, this replaces the 6~lane pool lost to Pier~60 Park, a year-round pool will benefit tourism, and the size of the building should be reduced. A petition, addressed to the Clearwater Beach Association and signed by 20 beach residents in support of 8 heater, was submitted. It was recommended the Commission keep its promise to spend $572,000 for a beach swimming pool. Concern was expressed it will be expensive to change the plan. It was felt the play park should be larger. It was noted when construction of a $300,000 beach pool was approved in 1994, a supporting Commissioner had suggested a beach tower would fund the pool's construction and operating, expenses. The tower never was constructed. It was noted due to his pending retirement, this is the last issue Mr. Wilson will bring before the City Commission. It was felt delaying the project will cost so much, no money will be left for construction. Serious concerns were expressed regarding the (::> increased costs of the project. Mr. Wilson said this design is the best one for a 6-lane pool " " with water park amenities. He did not know how much it would cost to redesign the pool. It was felt eliminating the fun parts of the design makes no sense. It was noted the City already has competitive swimming facilities at the Long Center, Ross Norton, and YMCA. It was suggested the project be redesigned as a water park only. Mr. Wilson noted the original Commission direction was to duplicate the pool removed from Pier 60 Park. The importance of a reliable filtration system was noted. It was stated the project will not get any cheaper. Support was expressed due to staff's identification of projects that can be eliminated. The promise to the community for a replacement pool was noted. Concern was expressed regarding additional consultant and design feElS to change the plan. It was,suggested a pool may not be needed on Clearwater beach. Mr. Wilson said the City can run programs in a pool which cannot be handled in the Gulf of Mexico. It was felt the fun features of the pool are the most interesting, not the lanes. Upon the vote being taken, Commissioners Hooper and Seel voted "Aye"; Commissioners Johnson and Clark and Mayor Garvey voted lINay." Motion failed. Consensus was to continue discussion regarding this issue at the next Work Session. Staff was directed to report on the cost of building a water play park only. Staff also will report why the consultant underestimated the bid so dramatically. u mcc1297 18 1 2/04/97 ", , . . :,' . :,' I '. ~ ITEM #29 - Interlacel Aareement with Town of Belleair for provision of residential and multi-family recycling collection. servicing of drop-off centers and marketing of recyclables, 5 year term commencing 01/19/98 with extension for 1 additional 5 year period provided neither party gives 60 days notice of intention not to extend (SW) CSW (Clearwater Solid Waste) bid against private waste hauling companies to provide the Town of Belleair with residential and multi-family recycling collection, service the drop-off centers, and market the recyclables. On October 21, 1997, the Town Commission awarded the contract to CSW. As the contract is between municipalities, the respective city attorneys recommended an Interlocal Agreement. The program will begin January 19, 1998. The rate is similar to one paid by Clearwater residents: 1) Bel1eair - $1.86/household/month and 2) Clearwater - $1.99 monthly less $0.13 for billing, collection and customer service. Based upon available data, Clearwater will earn a 15% return on investment from the project. Commissioner Hooper moved to approve an Interlocal Agreement with the Town of Bellealr for the provision of residential and multi-family recycling collection, the servicing of drop-off centers, and the marketing of recyclables, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Concern was expressed the agreement does not cover City liability costs and Belleair residents will pay less for recycling services than Clearwater residents. CSW Director Bob Brumback said CSW contributes to the General Fund to cover liability insurance costs. In response to Belleair's request for bids, CSW competed against private ~~ I t~IiI,{9 companies. The City of Be leair will provide billing and customer service. The proposed service is the same program offered City residents for the same price. CSW anticipates earning a 15% return on investment. The expansion will not increase the need for personnel or equipment because routes have been deleted due to efficiencies. The City will pay back Belleair a certain amount of the marketing profits from recyclables. In response to a question, Finance Director Margie Simmons said the actuary had determined CSW's level of contribution to liability insurance costs. Upon the vote being taken, Commissioners Johnson, Clark and Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried. ITEM #30 - Tamoa Bay National Estuarv Program (TBNEP) - Interlocal Agreement with TBNEP; Res. #97-59 - approving Interlacal agreement regarding the TBNE?; approving the City's proposed nitrogen management Action Plan, and authorizing its submission (PW) The TBNEP (Tampa Bay National Estuary Program was established in 1991, to assist in developing a comprehensive plan to restore and protect Tampa Bay. Through local sponsor agencies, the USEPA (U.S. Environmental Protection Agency) administers the program, one of 28 established under the Federal Clean Water Act. Since its inception, the City, in cooperation with TBNEP and 12 governments and Federal and State agencies, has developed and funded programs and projects to protect Tampa Bay including active memberships: 1) Technical & Citizen Advisory Committees; 2) TBNEP Nitrogen u mcc1297 19 12/04/97 ", '..,,;:',',..'..'..'., ..,,' , "....~.~.......:.,...~~'-,-...:-'..1'-.:". "~. :, ' '. .d'" ", I" .:' ,'.' ,., l 'I '~', '" ." , , ,~ Management Consortium; 3) TBNEP Management Committee; and 4) the TBNEP Policy J Committee. On April 4, 1997, the T8NEP Policy Committee adopted the plan to protect Tampa Bay. Implementation of the plan by Interlocal Agreement emphasizes regional cooperation and regulatory flexibility which will allow all parties to the agreement to select oost- effective and environmentally beneficial bay improvement options for their communities, as long as the planls goals are being met. Under this agreement, it is the City's responsibility to "assure effective and timely implementation of recommended actions and to adjust strategies as needed in the future" to keep the Bay recovery on track, through: 1} determine goal attainment strategies; 2} develop an Action Plan within 2 months of the effective date of the Interlocal Agreement; 3) appoint a City liaison to the new TBNEP entity; and 4) conduct an annual review and where appropriate, provide action plan supplements to the TBNEP entity. To meet City obligations under the Int8rlocal Agreement to develop a 5-year Action Planl staff recommends submitting projects and programs already approved for development by the Commission or completed by the City since 1995. Only construction of the Allen's Creek Rehabilitation Project at Lakeview Road and Hercules Avenue will require Commission approval. Implementation of the recommended projects will exceed the City's nitrogen management goal for nitrogen reduction (0.22 tons) by 634%. fl;;) The City has made an annual contribution of $8.406 to the program and has bUdgeted that amount for FY (Fiscal Year) 1997/98. The level of contribution will remain at this level for the next 2 years, subject to Commission approval. Assuming the same level of funding is required in FY 2000/01, it is expected the City's annual contribution will increase to approximately $20,200 due to the anticipated loss of Federal funding in 2000. Commissioner Seel moved to approve the TBNEP (Tampa Bay National Estuary Program) Interlocal Agreement and the required City proposed 5-year Action Plan, and authorizing its submission and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-59 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-59 and authori2e the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #31 ~ Res. #97-61. #97-62. & #97-63 ~ authorizing grant applications for three landscaping projects on SR6Q (PW) Three grant applications will be prepared to fund landscaping on SR 60: 1) medians between US 19N and Highland Avenue; 2) South right~of-way from McMullen-Booth Road ~ mcc1297 20 1 2/04/97 ,.,",:,_ ",",\""" ,..",' ,y,".."" .."..."l~""'.,.."',',':~.."..,.'ru" ""."~Il",,,..," ',' '" ..,," ",'," :::,,',;\ ' :":,>>::',;:,;'::,, ',:' ".:\,',,',\,,::',.:;~:',~:::>..'::\>,::''::'):',/:: ~~:: :;'; <~r:~:\I' :::. \\::': ~~:\:}:/,~,:,~:>, ':::',',.':!,/,'::\I'~: :,(:',:- ,',::-";',i::':',:,:'; ,\';:' '.~ :;' :~':';';:' ,,',', ':,:": ":";":~:": ;. .. , . ~ .~' , , , , ' ~. , ~ . ~ to the WPC (Water Pollution Control) Plant; and 3) both sides of road from end of previous beautification effort to the Welcome Center on the North and the WPC Plant on the South. Maximum grant funding is $150,000 for each project, including plant materials, fertilizer, soil amendments. an irrigation system. and labor to install tho plantings. In.kind labor for planting or the establishment period. water, and plant materials count as the required 50% match. After each agreement is executed, the City will have 1 year to complete each project. Agreements between the City and FOOT will be signed within 90 days of July 1998. FOOT will pay their portion when the projects are complete. The City will enter into a 10-year maintenance memorandum of agreement with FOOT, requiring the landscape projects be watered, weeded, mulched, trimmed. pruned, and free of diseased plants. Commissioner Johnson moved to auti10rize the grant applications for 3 landscaping projects on State Road 60. and that the appropriate officials be authorized to execute same. The motion was duly seconded. In response to a question, the City Manager said staff will bring forward subsequent maintenance costs when the Gulf-to-Bay Boulevard endeavor is presented. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Resolution 1/97-61 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-61 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, if~ ':%1 the vote was: "Ayes": Johnson, Clark, Hooper. Seel and Garvey. "Nays": None. The City Attorney presented Resolution #97-62 and read it by title only. Commissioner Clark moved to pass and adopt Resolution 1197-62 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Resolution 1197-63 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution 1197-63 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. o mcc1297 21 1 2/04/97 , : "~!" t' , . ~. :'} ITEM #32 - First Reading Ord. #6220-98 - Refines original ordinance establishing a Residential ReclaImed Water System; amending various sees. In Ch 32, creating Sees. 32.381 and 32.382; and amending Art. XXV(3) and (4) Public Works - Fees, Rates and Charges (PW) The Code of Ordinances regarding the Reclaimed Water System was developed prior to creation of the document "Policies and Regulations for Reclaimed Water Service II that customers must read and endorse prior to receiving reclaimed water service. The recommended amendments update the Code or Ordinances by clarifying or modifying issues related to providing or receiving reclaimed water service. The amendments include the establishment of charges for turning on reclaimed water service and for re-inspections of customers' private water systems prior to activating reclaimed water service. Commissioner Johnson moved to approve miscellaneous amendments to the Code of Ordinances'related to establishing a residential reclaimed Water System. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6220-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 116220-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. ";ii~ f:.\~f H. ,~~ "Nays": None. ITEM #33 - Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the Annex Site - 14.3 acres (eM) The RFP/O (Request for Proposals and Qualifications) for the Downtown Eastern Corridor Property is a step forward in the downtown revitalization process. Clearwater wants to offer a prime location in its Central Business District, eastern corridor subdistrict for a commercial, office, residential, recreation, and/or a mixed use development on the subject 14.3 acres. The preferred development will be evaluated for: 1) development proposal; 2) developer's qualifications; 3) economic benefit to Clearwater; and 4) respondent's financial capability. The RFP/Q is being issued to generate interest in the annex site during a time of significant economic growth activity and encourage a "catalyst development'" at the annex site. This type of project has the potential of stimulating other development and redevelopment ventures. Mr. Keller said the time is right to test the market regarding this site. In response to a question, Public Works Administrator Rich Baier said the site contains additional diesel contaminated soil. Information regarding the contamination will be forwarded to the Commission before the January meeting. In response to a question, the City Manager said developers have indicated a clean site is important. Some developments would work on the site without a total clean-up. u mcc1297 22 12/04/97 :':' ~:,.;;:~ v..:',.. .. , ,~ In his November 26, 1997, memorandum regarding the Municipal Services Complex Construction Project, Assistant City Manager Rick Hedrick listed major project enhancements: 1) $253,000 - security access system - Police Building; 2) $137,000 - holding cell area supercharged - Police Building; 3) $99,000 - increase emergency generator capacity & provide addition to house; 4) $88,000 - Traffic Control Computer - Municipal Services Building; 5) $88,000 - electrical requirements for systems furniture - Municipal Services and Police buildings; 6) $87,000 - street conduits to accommodate fiber optics system; 7) $69,000 - construct utility drive-through & building for generators & fire pump; 8) $41,000 - lightning protection system - Municipal Services and Police buildings: 9) $33,000 - increase PBX capacity - Police Building; 10) $31,000 - TV studio - Municipal Services Building; 11} $28,000 - Police CCTV system - Police Building; 12) $24,000 - privacy wall to shield child care center - Police Building; 13) $22,000 - window blinds - Municipal Services and Police buildings; and 14) $16,000 - add mailboxes and modify mailroom - Police Building. The proposed capital project management system will: 1} accurately develop the scope, schedule, and cost of every project, value engineer the project, and budget accordingly; 2} divide capital project to Engineering Department for projects greater than $1-million and to General Services for projects less than $1-million; 3) enhance finance and accounting system to provide checks and balances for contract management and accounting; and 4) provide for on-site inspection for all projects. :) In response to a question, Mr. Keller said developers have expressed interest in the site. Staff will bring a proposal to the Commission in January to declare the property as surplus and convey it to the CRA (Community Redevelopment Agency). The City must obtain fair market value for the property. The CRA is required to get a fair price. The CRA Trustees will have the ability to deny any bid. , , 'I' . Commissioner Clark moved to authorize issuance of a RFP/O (Request for Proposals and Qualifications) for the Annex Site and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ,', ':' The Commission recessed from 12:17 to 12: 18 a.m., December 5, 1997, to meet as the CRA. '" " Close out of Municipal Services Complex (eM) 'i', :':, ~ " ,~ . ' ", '.: ',> '" .: I' 1,,(. 'j ,:. \. '<. ! '.', ~ , " ITEM #34 - Aoorove transfer of $410.300 from the General Fund to the MSC nroiect for funding of construction expenditures; approve transfer of $410,300 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues , I:. " I".. :~.~. .; ':,'- .~. -,',.' ':'.1, . . .,' ; u; From the time the bonds were issued in February 1995, through September 30, 1997, unspent bond proceeds have earned $751,366.78 in interest which was deposited in the Bond Construction Fund. Interest earnings of $341,000 previously were transferred to the Improvement Revenue Bonds Debt Service Fund and a corresponding amount transferred from the General Fund to the Improvement Revenue Bonds Construction fund . for Consultant Services (High-Point Rendel - $100,000) and miscellaneous parking rentals '..'.. ~ ',', '.' f...,. , ','1 ! :: L ' '\ ~ mcc1297 23 12/04/97 .,1.':" ; " ,,'I. ,.... ;;" :': <:::i'::;:,:,<. ,,',,::,,:'~~, ; ,,:/,::'-':::";'::",',: ',:, ": -:',;:< ,.. " " '" ..".. '>:,'\ ,,;',::\::,:~ .~:~\;' ',,:;',;';:'::'~:\\:::,,; ': :/:;' ,;':: ;,:...~,.';.': ~~~;':",'/,:,~::h::"t;:~:;':~i,~,;t.::,:~'::'<,:~',:}~::~~{,:':,:)~; :: .... ,> ;, ~:,:';:::,,~"'~"1.'~,": ;',:,::,:,':',',':,~,', ":,'::::~":':;'J',"',', ,::'::":,":~:':,:i",,', :,~',:, :',' ',' :,;",~',~,',:,~;"~,,:,:::,'i,'::,..,,,:!:,':,,:,,;,,:,!:,'::,'"::";:!,;:",:,:',:,::,,',,,:,:,,,::,;,~:"',' .;~',\,:,:,:,',',,:,:,'.:,:::,:.::, ,:,::.:':','".;:,'::i,,:':,':,;';.:~ "''''.. U ',' 'C;"'" " ' ';' , ", .. d' ','"",:,,',..,; , ".. ,q' ,,', ;,,' .' ,'..:':... ' ~""',," ,"::' /"', " , :,,},;',i~..>;,,:~ ,~:::',,'/:::;,"':~;::;i ::,;~,i\~:',:,',:',:'::',:..:',/:'(,:'.':;,::~r>..;: / :/',~r,\(<\//:t,)~~ ~ ~<I.: ':i ~ :;~. ,~:-; '>~~',::::", ,..',: ".::,~ '. ':11<'; ..." .,' , ~ :.1,;' . : ;' ,.':.'~" ~,~~ .. '" '.:.: ,,1/',:1' :' , , " ' ITEM #35 - Authorize city staff to aoorove C.O.Us 3. 4. 5. 6. & 7 to contract with Creative/Beers for the MSC to decrease the Guaranteed Maximum Price (GMP) by a net $4,491,795 from $16,087,295 to $11,595,500; and to provide additional project funding of $442,405 from Special Development Fund unreserved fund balance :'1 and other non-construction project expenditures of $241,000. A first quarter budget amendment will reduce General Fund debt service transfers by $410,300 and increase transfers to the Capital Improvement Program project by $410,300. , " Commissioner Hooper moved to approve the transfer of $410,300 from the General Fund to the Municipal Services Complex Project #94602 for funding construction expenditures; approve the transfer of $410,300 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously, 1-'.. '.,' " ' ::1 Staff recommends approval of Change Orders: 1) #3 - $89,123 for additional dewatering costs and related project delay for Parking Garage; 2) 1/4 - $21,684 for asbestos removal from the old Police Headquarters: 3) 1/5 - $32,273 for additional soil compaction costs and related project delay for Parking Garage construction; 4) #6 - ($4,281,746) reductions including $5,654,500 for materials purchased directly by the City, $8,000 for stormwater drainage revision cost savings, and $175,000 for the deletion of the Print Shop and retail space in the Parking Garage, and offset by $1,180,252 in t,~~ scope ilncreases, inbcludding $3251,01, Ob~l.for.extended genderfal condithions, and ,$50,502 fsar genera contractor on , genera la Ilty Insurance, an Bes on t e scope Increase. cope increases were not anticipated in the initial. design of the Municipal Services Complex and were added during the construction process. General conditions were extended due to project delays related to scope increases: and 5) 117 - ($353,129) credit for savings due to a GMP (Guaranteed Maximum Price) that exceeds actual and estimated costs. Savings in excess of $353,129 are anticipated and will be returned to the City upon completion of the project after all payments are made and total costs are known. The GMP credit guarantees this savings credit to the City but does not preclude the City from additional savings at completion. Appendix A includes a settlement agreement with Creative/Beers that affirms no additional increases to the construction budget and/or GMP will occur. )" ~'., ~ ,,~ . :. :,: ~ " ' . ~.;,~ " , \;. t, .:"'. " :,~, The change orders will increase the project construction budget by $1,162,705. Unallocated project budget and budget savings of $310,000 in other project budget categories is available as an offset for this increase. Interest earnings of $410,300 on project funding also is available for funding. Staff proposes to fund the remaining $442,405 from Special Development Fund unreserved fund balance. c',',' :":?:: ;'1, ;. ;.~.~' ,', Commissioner Seel moved to authorize staff to approve Change Orders #3, #4, #5, #6, and #7 for the Clearwater Municipal Services Complex to decrease the GMP (Guaranteed Maximum Price) by a net $4,491,795 from $16,087,295 to $11,595,500; and to provide additional project funding of $442,405 from Special Development Fund '; r, ".'f' ,1:1" "t.' '\," .:." ~ mcc 1297 24 12/04/97 i:. 'i " :/. \ ;r- , '.: ':"":::,'~, ..: ..:." 1.,1:' '. ';::'~: :'.: :'. ~:':(('::.':.::,/ '...; :': ~ ':';: ':;. ' . I ." ~:. , .' :", :::' 'I'" . ':;f:(. ;,}:;;.:; ;is:\\j~;/>:':i/.t::;:i:\::;;'j:}' t2\>:nWi''i{t?'-'.t:2?;;:::;:i,:~ )':'??N~!'\t:;ii:;,: :.:\:;;:):: ,:~~",:,:,(::;:,),{,::~':!~'/:f:;:'::~}:'~) /rY:;/~\(:}>:'::!':,~/:~:{ ~(';'::, :';';~' ;::::;"~:::"', \'".:';)}';) <~S)1 :~;:'\:'::,,:,: ~,[I1,':'::: :>,~ r~ ::<,;:" ':::':::,::::~,/\':, :;"'::)':::1 : ::':/\',: :,,'J,', _ I . " " ,~ .. unreserved fund balance and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #36a - Authorize staff to aoorove an increase in the architectural aareement with Rowe Architects in the amount $199,501 due to project scope increases and related project delay, to be funded from available project funding The proposed $1 99,501 increase to the current architectural contract amount of $1,568,890 would result in a total architectural contract with Rowe Architects of $1,768,391. Rowe Architects requested the fee increase due to additional services provided outside the original project scope. The increase reflects a negotiated settlement with Rowe Architects and no additional architectural fees will be charged for this project. An adequate project budget is available to fund the increase. i.,..,:, .:,", Commissioner Johnson moved to authorize staff to approve a $199,501 increase in the architectural agreement with Rowe Architects due to project scope increases and related project delay, to be funded from available project funding and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. :~ " ~ \.'" ",' "., , ' .. +\. : ~~. ITEM #36b - Aoorove Settlement Aareement with Rowe Architects. Inc., contingent upon Commission approval of a related increase in the Rowe contract per the prior agenda item " " .. ~ .. ,.' . '<' .".! './.1" f,1~ The Settlement Agreement with Rowe Architects is intended to ensure no additional project funding will be necessary upon approval of the related agenda item for an increase in the Rowe contract for architectural services. '" .'1,' . ,,' ,-.' ,; I .:,::: , ,r, Commissioner Hooper moved to approve a Settlement Agreement with Rowe Architects, Inc., contingent upon Commission approval of a related increase in the Rowe contract per Item #36a and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ',,' .',,1 ,,',.. " '..:: ~I ~.~. ~;I; ,.,'. ',;\ ITEM #37 - Other Pendino Matters - None. '.'... ? i~ I,,' CITY ATTORNEY REPORTS .',' '. ... .,.r," .', '. ,o. ,,~ ITEM #38 - First Reading Ord. #6205-98 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.01(d)(4)(v) of the City Charter to delete the referendum requirement for lease of City property with the land use designation of Recreation/Open Space; providing for a referendum election ';. ':. ~ ',. ,:"l " ,. '; :~,:' ',' '. '" ',.' j'.""., '.\:.!': ,~ ,:, .'... " The City Attorney offered 2 versions of Ordinance #6205-98. Soth versions call for a referendum and would amend the City Charter to change the applicable date to 1989 and delete the referendum requirement for lease of City property with the land use designation of Recreation/Open Space. Option UA" requires the lease to be for the existing use. Option US'" allows a lease for recreation and accessory uses and would allow the City ;,;, :Pp, 'l: : ~ ...";: .,,/, , " "<',- u mcc1297 25 1 2/04/97 ",> .. ,..'.' ,',- . '.' . .,... . ~ , ' "..1\. ~, . ' .'., .~ .~ " , " , " ."'/'., , . ': .+' :: It. '. '., ~ ,." ',' \ ,; :, " l+ ~.. .:...'. I '. ~, .,' ~ l I' . . '. ~ . '. " ',::: :'.: ~ "'.," ~ : ~,:'::, '.'.; ': ;, . /;1 .':;.::'.::~'.~'. ..::.: ... :.... ,.,.::t":;'":()f;,:;;\?,;!\i~If;::J.iii,};.!:;:;:'!;i;.1';i){~~:j~f(~"!~~'#:~tj{\i;:!,\::;t ;, . . :.-, . .' .. '.,' ", '.' .' , ~ ,', ~ ~, ., . . .. . . '.: :.~":; ~,' , .. .. ,: ,': \';;m,;,:~ >;\'.':+:i: ~:~m"~:'j';'[i~)f.,!;,;i'~;ii f) ,,' ,,' :"." " ( ~' ~. '" " ',: l ~; , f':"j~'1:1 (:1,' ',I'\" /- '. '1;,:1 ;"1:'< :.J'., ',' , ~. ~, :':: "1' , ~' .' r ..,. ~i' , "0 '<.', ,: " ::~ !" ,>, ' " ' :,\:, " 'I ,..,', ,',:, .. ,<:..t ". .': ~ :r' .,.. ,,' , , " ",' , ~ u ":'~,: ,~, " .,.. .' ,"" :.1" , +, ~ . '" :'. .' , ~ I . .' .' . ,..~ .... ' ..' '.' : " , ::~:.~ ;. '.\ ~.'., ',~. ',: '~ .~'~::~':'~:, ....'.4:.'.; '.,' , '. .,. ,', , .,-' . . 'J . ,~ ','" . ',' I' ': , " , , .. r to develop properties and lease. A list of all Recreation/Open Space properties was requested prior to second reading. In response to a question, the City Attorney said an "accessory use" is an accessory to recreation such as a parking lot, clubhouse, and restaurant. Property could not be leased to construct a hotel. Ms. Garris preferred Option" A," expressing concern the City would lose control of these properties under Option "B." It was noted the City values its Recreation/Open Space. In response to a question, the City Attorney said the City could build a skateboard park on recreation/open space in partnership with another party to operate the business only under Option "B." She said 2nd reading must be adopted on January 1 5, 1998, for it to be included on the ballot. Commissioner Hooper moved to accept Option "B." The motion was duly seconded. Concern was expressed accessory uses are poorly defined. The City Attorney suggested the Charter Review Committee could review this issue next year. Upon the vote being taken, Commissioner Hooper and Mayor Garvey voted "Aye"; Commissioners Johnson, Clark, and Seel voted "Nay." Motion failed. Commissioner Clark moved to accept Option "A." The motion was duly seconded. Commissioners Johnson, Clark, and Seel voted "Aye"; Commissioner Hooper and Mayor Garvey voted "'Nay." Motion carried. The City Attorney presented Ordinance 1t6205~98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6205-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark and See!. "Nays.': Hooper and Garvey. Motion carried. ITEM #39 - Res. #97-60 ~ Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution 1197-60 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-60 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. mcc1297 26 ' 1 2/04/97 , . A~ - ~+- ;., ,'t"; 'i:~;:i;:,~.y,;(;,?{::;~;"'!"~~"?\j,\,l;}},;i!,!':.r*' ;,;;~'{:\:~;:\:\\i;':~;:i't~C,'~i~:~,,?;:~\0,~"j(;:;.ii)~\i;;j?::!~}j'f: ,~ 1 "Nays": None. ,P '. ITEM 1140 - Other City Attornev Items ,:'.' a) Consider settlement of Municipal Code Enforcement Board lien (Case #42-94) - Ed & Belinda Young - property at 607 N. Osceola Avenue " I' ; ,\ In his November 26, 1997, letter, William A. Borja, representative for Ed and Belinda Young, referred to his clients' property at 607 N. Osceola Avenue and the City's $26,750 lien on that property. He indicated the Youngs are willing to deposit at least $5,000 in an escrow account upon the sale and transfer of the subject property. The buyer is willing to paint the structure and repair the wood damage. Mr. Borja estimated painting the structure and repairing certain damaged wood will cost at least $5,000. Upon completion of the painting and repair work, he requested the City execute a Satisfaction or Release of Lien regarding the $26,750 iien and releas;;; the remaining G3CrCWAd monies to the Youngs. ":\', ',' . . .. '.'.,' .:":";, "/0" ~'~,:~ Lt. Jeff Kronschnabl reported the owners of the property had a fundamental objection to the law requiring an occupational license and chose to ignore it. In August 1994, the MCeB (Municipal Code Enforcement Board) found the Youngs in violation and fined them $25 per day. The violation was in effect for 1,070 days. As they had made no attempt to comply, the MCEB had denied their request to reduce the fine. The property is assessed at $62,400. In response to a question. he estimated CRT (Community Response Team) costs for this case at $4,000 plus costs incurred by the City Clerk and City Attorney departments. The City Attorney indicated the case is before the City Commission as the MCEB had referred the item for foreclosure. ,:,,1 ," '.'. ',:: .; ~~ : . ; ~. ~ , ;, William Borja, representative for the Youngs, said his clients are sorry this issue has gone this far. The Youngs do not have the funds to take care of the necessary repairs. If the City Commission accepts their settlement offer, $5,000 will be put in an escrow account for the buyer to make the necessary repairs. He recommended any funds left in that account after repairs be returned to the Youngs. Mr. Borja verified photographs of the property presented him by Lt. Kronschnabl. In response to a question, Mr. Borja said the mortgage is $66.000. The City Manager recommended reinvesting any fines into the property. It was questioned why the fine was allowed to accumulate. Mr. Borja said one party did not understand the process and the other party was being stubborn. :). ; ':<( " '. , ' 1'\' " . ~ I,".' I." '~ {~' J',',' '" I,.'. ~ :. ::; , " In response to a question, Lt. Kronschnabl recommended a fine between $11 ,000 and $12,000 to recover the City's costs to bring the property into compliance, cover the cost to repair the property, and cover the purchase of an up-to-date occupational license. 'J 4; '.::.',:, " . : '. ~ Commissioner Hooper moved to reduce the City's $26,750 lien on Ed and Belinda Young's property at 607 N. Osceola Avenue to $15,000, which includes $6,000 to cover City costs, $5,000 for repairs, plus a $4,000 fine. The motion was duly seconded. Mr. Borja said those numbers are not workable for his clients. Without a resolution, the buyer will not consummate the deal. He felt the fine is excessive considering the offense. It was noted the Youngs had made a deliberate decision not to comply with the Code. ", ~ k 'j,! , :).:" . /,' ~. :... . , . .' . ..~ ~ .:',';' I, ~ w mcc1297 27 1 2/04/97 -,' .: ." .r . ~. , ,- , .;.. ~ ~<,~ ", ~.~ .:: '.: ' ' , . '{'i/:i(i:'} i,::,': ,,"',: ;, ;<;i;t~Lif.)L'>;:i~j;rN:,l:'~';'I:JF*i,i~~;':!~;:.:::})~;\<:>;.Ihp:.':"'}~-)i;;_~:i;"?f:,r':;n";,':{;:;~'\;: " \-, ..' ",,,,,.,1' ",.,.""..'uL, '.. '. . '.." ..',,, ,~,. "....9, "'" ...,'.,'..,.."....'"", ~!::,.:,:..:,:'~'~ ..~~:...:.;..~:.,,~,:_:j.~:'.~.....::~:..:.I'~~~.'J:, :':~";,>~ 0', ,..". I.. 'f..-~..,...:;,II.:~..'.~.~I'_ ,.1'. ..... ,.: t' .'..,... .;: .'/',' ..~.. ~ , ,f ,.>" : ~. . _,'I '; ','" . . . ~\ ," , I: :~ .:> . , , , .. '/ .... '/ ",' , < :. ;/ " ,",' :...'. .,' L " ,',", ! :-'. " , . .~! " , .. , , " . .~ . ,'. " . : ~~ ' ,~, \, .r' ~ ~ '. , . 'I..', ." ~, ", ..t' " , , ." . " j....' ~ , " . , . , 'r", .. ..., , ),' '.' , " , ,...;1, .. ,.'<, ," '" , \ ;':'ll... :~'~~'..'.:' ....".,:~i. ~: : ., '. The motion was withdrawn. The seconder agreed. Commissioner Clark moved to reduce the City's $26,750 lien on Ed and Belinda Young's property at 607 N. Osceola Avenue to an amount to be settled by the City Manager of no less than $11,000 and no more than $15,000, to include $5,000 for an escrow account to cover repairs. The motion was duly seconded.. In response to a question, Mr. Borja expected the sale of the property to close next week. Upon the vote being taken, the motion carried unanimously. 1970 Rainbow Drive Update The City Attorney reported problems related to Viorel Caba's Rainbow Drive property are being resolved. ITEM #41 . Citv Manaaer Verbal Recorts . None ITEM #42 ~ Other Commission Action Commissioner Seel congratulated Thompson Executive Center for redevelopment of the property. Commissioner Seel reported an article listed City Commissioner as one of the 25 most stressful jobs. Commissioner Johnson wished Happy Birthday to a friend and Happy Holidays to Clearwater citizens, staff, and the Commission. Commissioner Hooeer reported a for sale or lease sign is affixed to Planet Bubba. Commissioner Hoooe( Questioned the location of the Florida flag that normally is in Chambers. Mavor Garvev invited visitors to Saturday's Farmer's Market at Station Square Park. The Commission wished all Happy Holidays. ITEM #43 - Adjournment . The meeting adjournad at 1:17 a.m., December 5,1997. A- _ II . _ ~ ) MaYOr~ ATTEST: : o.:...~Q .:.c. Clerk mcc1297 1 2/04/97 28 ~ ~,;...,4.~ ,~. J.,.,..,',:,,::.,'>,:,',':.:,",~:,:t, . . ..: .... ". ~'. .. . . ,:':'; ,:;':, : :,'..:".;- .-' , . ~ . t ,~ 4 ; ~/:'.::' .~ : '\d~~:~'::.r,';:-) :';,~;{7;'~'.n\f:.\~g~;)::~ ,~W;'S::!i',i;;:4:;'::;,'/:~,{j:;,!W*~):'U,.i;~!ii:)'!('~);:;;!';'i't~i;r~ ,,(, ''', '",1'..,.,..,.. , ,'..' .' """ ..,'".,. ",...\",..~' ,,'..., ,l,' '..'.',',,', ..' ,.., '..',',.",.. '....:',".)'.,".'\:'..,.,~.:;:~...:.>.....,~...:~~ r.'l~'..", l~. I'" "~., ,..'.: ...,.....-:..,rD:", .,'...;:.'.,.;, .,.'..,.. :":,Id.,:',, ,.,I.:,I~ 'i" .:.,..'-