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12/05/1996 CITY COMMISSION MEETING CITY OF CLEARWATER December 5, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor David Smith of Faith United Church of Christ. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Five service awards were presented to City employees. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) North Greenwood Community Task Team Report The Task Team Report was distributed. Reverend William Graham, Chair of the North Greenwood Task Team, listed Task Team members and reviewed their mission statement, "Identify and address critical community concerns in a way that will promote the long term positive development of the North Greenwood Neighborhood." The team met almost weekly during the summer with resident and community groups. Community groups and each home in the identified area received hand-delivered invitations to participate. The Action Plan's draft was discussed at a community meeting before it was finalized. Reverend Graham said the process provided a good beginning for dialogue and action by the City and North Greenwood residents. Implementing all steps outlined in the Plan will require much work. He said other actions and plans will evolve from this partnership. He recognized the hard work by all members of the equal partnership. Since the Task Team was appointed, projects completed or under contract include: 1) Marshall Street AWT (Advanced Water Treatment) facility - improved landscaping, significant reduction of odor and noise, installation of ducting, misting devices, roll-up doors, covered influent channels, re-piped Bayfront sewage line; and redirected truck traffic; 2) Martin Luther King Recreation Center - $90,000 renovation approved; 3) crime overview study with Police Chief Sid Klein; 4) on-going review of some police procedures; 5) planned juvenile justice seminars; 6) budget approval for grant writer position; 7) parking improvements on North Greenwood Avenue and at the North Greenwood Library; 8) plans for a parking lot for the Greenwood Panthers; 9) banner program with downtown, Clearwater beach, and North Greenwood; and 10) since March 1996, $462,200 in grant funding for Greenwood area awarded to Clearwater Police Department. Reverend Graham said team members expressed their appreciation to the City Commission and Department Directors who exhibited a high level of commitment by attending meetings, listening, and forming action teams to accomplish the Task Team's mission. The team pledged continued efforts in developing the Clearwater community and North Greenwood neighborhood. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of November 21, 1996, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. The Mayor referred to page two, paragraph five, sentence four and requested the remainder of the paragraph read, "Other countries are trying to purchase similar space which Clearwater is getting free. She complimented Ms. Sherry's hard work. The Center will provide the City with global exposure." Commissioner Johnson moved to rescind approval of the minutes of the regular meeting of November 21, 1996. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to approve the minutes of the regular meeting of November 21, 1996, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Doran thanked the Mayor for supporting the downtown Farmer's Market on Saturday mornings. He applauded C-View-TV for broadcasting City meetings. He opposed a suggestion made at a recent Planning & Zoning Board meeting to change procedures and permit petitioners represented by attorneys to appear first. Shirley Moran expressed concern regarding the safety of senior pedestrians. She suggested posting signs and recommended the Police Department provide a safety education program for seniors. Dorothy Pettis, representing the Greenwood Panthers, said the organization, run by volunteers, needs funds for registration, equipment, transportation, etc. She requested City support in next year's budget. Deputy City Manager Kathy Rice said this request is included in the North Greenwood Task Team's recommendations. Nancy Aft complimented the City's new directional parking signs, recommending the color scheme and logo be used throughout Clearwater. She praised Cooper's Bayou Park and suggested installing a fountain in the pond to move the water and grates on the pipes to discourage alligator intrusion. She recommended planting hibiscus around the sign recognizing Clearwater's Sister City, Nagano, Japan. PUBLIC HEARINGS ITEM # 8 - Public Hearing - FY 1995/96 CDBG Program Grantee Performance Report (ED) Regulations established in Section 570.507 and 570.509 of the CDBG (Community Development Block Grant) act of 1974, as amended, require program participants to forward a Performance & Evaluation Report to HUD (U.S. Department of Housing and Urban Development) no later than December 31, 1996, 90 days after the end of the program year. The Grantee Performance Report documents City expenditures of CDBG funds and is used to monitor the program for compliance and financial audits. The Commission approved all listed expenditures through approval of prior years' Consolidated Plans. Economic Development Director Alan Ferri said the City has met all threshold requirements and has drawn down roll-over funds. Commissioner Clark moved to approve the 1995/96 Grantee Performance Report that documents the performance of the City's CDBG program during the 1995/96 fiscal year. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ord. #6106-96 - Amending Sec. 35.11 & various sections in Ch 40 to define Public Education Facilities (PEF) and to allow PEF as a permitted use in certain districts (Interlocal Agreement with Pinellas County School Board related to this to be on agenda at second reading of Ord. #6106-96) On October 3, 1996, the City Commission adopted Ordinance #6071-96 which amended the Comprehensive Plan addressing Public Education Facilities in certain land use categories. The amendment requires the School Board to hold the necessary Public Hearings for school sitings, defines public education facilities, and proposes the use as a permitted use in applicable zoning districts, subject to compatibility and consistency with the City's Comprehensive Plan in coordination with the Pinellas County School District. On November 5, 1996, the Planning & Zoning Board unanimously endorsed the amendment. All Pinellas County municipalities are entering into Interlocal Agreements with the Pinellas County School Board to mutually agree on procedures and the coordination of the sitings of Public Education Facilities. Staff drafted the City's Interlocal Agreement with the School Board by using a model Interlocal Agreement created for this purpose. Commissioner Hooper moved to approve the Land Development Code amendment regulating Public Education Facilities. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6106-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6106-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10 - Variance(s) to Sign Regulations for property (Cameron Lakes Apartments) located at 2550 Stag Run Blvd., Sec. 6-29-16, M&B 44.01 (Security Capital Atlantic, Inc., SV96-27) The property, on the North side of Stag Run Boulevard and West of US 19N, is zoned Residential Planned Development-18. The applicant is requesting the following variances: 1) a 21-square foot area variance from the permitted 24-square feet to allow a 45-square foot freestanding sign; 2) a 1.5-foot height variance to allow a 7.5-foot high sign; and 3) a 4-square foot area variance to allow a 6-square foot address sign. The variances pertain to the existing freestanding sign on the North side of Stag Run Boulevard at the property's main entrance. The City has no record of a permit for this sign. A second freestanding sign identifying Cameron Lakes Apartments is in the Stag Run Boulevard median at US 19N. No variances are necessary for this sign, however, the City has no record of a permit for this sign. That should be corrected. Cheryl Brown, representing the applicant, verified photographs of the property presented her by Central Permitting Director Scott Shuford. She was aware of the conditions, including the penalty for erecting signs without permits. Commissioner Johnson moved to approve the following variances: 1) a 21-square foot area variance from the permitted 24-square feet to allow a 45-square foot freestanding sign; 2) a 1.5-foot height variance to allow a 7.5-foot high sign; and 3) a 4-square foot area variance to allow a 6-square foot address sign, on property identified as Sec. 6-29-16, M&B 44.01, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: The applicant shall obtain sign permits for this sign and the sign in the Stag Run Boulevard median at US 19N. The motion was duly seconded and carried unanimously. ITEM #11 - (Cont'd from 09/19 & 10/17/96) Public Hearing & First Reading Ords. #6078-96 & #6079-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1331 Cleveland St., Brookwood Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-13 and N½ vacated street (Jami Al Salam Inc., LUP96-05, Z96-10) The applicant requests a zoning change for lots that are approximately 98-feet North of Pierce Street on the East side of S. Lady Mary Drive. Until July 1996, the vacant building on the subject property was used as a commercial garage for classic sport cars. The applicant wishes to renovate the building for an Islamic Center/Mosque/School. The applicant said between 5 and 10 children, mostly from Moslem families, will enroll in the school and be taught Islamic principles and doctrine. The subject property currently is zoned General Commercial and has a Land Use Plan Classification of Commercial General. A place of worship/school is neither a permitted nor a conditional use in General Commercial zoning districts, but is permitted in Public/Semi-Public zoning districts. The Future Land Use Plan Classification of Commercial General would be changed to Institutional to conform with the proposed zoning district and compatible with the Countywide Future Land Use Plan Classification for this zoning district. The combined lots equal one acre, the minimum area required to establish a new Public/Semi-Public zoning district. Properties to the South have a Future Land Use Plan Classification of Residential High, and zoning of Multiple-Family Residential "Twenty." The proposed Future Land Use Plan and Zoning Atlas Amendments are requested to permit the proposed use. The proposed Land Use Plan amendment will not have any significant impact on area services. Mr. Shuford said regulations regarding the distribution of alcoholic beverages from surrounding properties will be more stringent if the request is approved. Concern was expressed the City would have to constantly oversee compatibility issues regarding alcoholic beverage sales in this area. It was felt businesses would be discouraged from locating nearby. Raim Tzekas said he donated this property to the church. Currently, he worships in Dunedin but would prefer attending services in Clearwater. In response to a question, Mr. Shuford said parts of Cleveland Street downtown and Gulf-to-Bay Boulevard are zoned Public/Semi Public. A zoning change would add restrictions to some properties in the nearby CRA (Community Redevelopment Agency's) district. Conditional use permits cost $200 and take between 45 and 60 days to obtain. Appeals can delay permits another 3 or 4 months. Gilbert Jannelli, owner of nearby property, said the proposed zoning change would create a hardship for property development in this commercial corridor. He said his property's value has decreased and he has no tenants nor prospective buyers. He requested the Commission consider long term effects. If the zoning is changed, he requested grandfathering his property and the former Morrison's cafeteria property to allow restaurants and liquor sales. Shemzi Balla did not object to activities on nearby properties. He noted plans to improve the property. Religious services and instruction would be held twice a week. In response to a question, the City Attorney said the code would have to change before uses permitted under previous zoning can be grandfathered for specific properties. It was noted code changes affect the entire City. Concerns were expressed that nearby businesses would suffer if the zoning is changed. Commissioner Johnson moved to deny the request. The motion was duly seconded. Commissioner Hooper suggested Assistant City Manager Bob Keller assist in trying to locate a more suitable property, if the parties so request. Upon the vote being taken, the motion carried unanimously. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6083-96 - Vacating N 25’ & S 25’ of the W 75’ of Saber Drive r-o-w between Lot 20, Blk D, and Lot 1, Blk G, on plat of Countrypark Sub., subject to it being retained as a drainage, utility easement (City, V96-09) The City Attorney presented Ordinance #6083-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6083-96 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 #13 - Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) The City Attorney presented Ordinance #6092-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6092-96 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 #14 - Ord. #6103-96 - Annexation for property located at 3081 Cleveland St., Sec. 16-29-16 M&B 22.32 & 22.37 (City, A96-27) The City Attorney presented Ordinance #6103-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6103-96 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. #6104-96 - RS-8 Zoning for property located at 3081 Cleveland St., Sec. 16-29-16 M&B 22.32 & 22.37 (City, A96-27) The City Attorney presented Ordinance #6104-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6104-96 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 - (Cont'd from 11/21/96) Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise CSW's (Clearwater Solid Waste) commercial revenues have decreased in each of the last 5 years. The reduction resulted from recycling and the expansion of private hauling companies into leasing and servicing compactors and open top roll-off containers to citizens and City businesses. A recent analysis indicates an annual decrease of $466,389 is attributable directly to private roll-off operations. CSW feels customers are charged higher fees than necessary for these services. CSW requests approval to enter the roll-off business in Clearwater and unincorporated Pinellas County and compete with private hauling companies which lease and service compactors and haul and service open-top containers. Through competition, CSW can recover a share of lost revenues and provide roll-off services at lower prices. The overall benefit will provide citizens and Clearwater businesses an additional choice for quality roll-off service while providing revenues for the overall support of CSW. CSW pro formas indicate by competing with private companies, CSW can provide service at lower rates than are charged currently by private companies while earning $253,170 more than 5 years of private company surcharges. This revenue can be applied to the total Solid Waste program to maintain steady rates. The concept and 5-year pro forma were presented to the FRC (Fiscal Review Committee) and a select committee from the Chamber of Commerce. Both committees unanimously supported this CSW competition. The City Attorney recommended the Commission continue or deny this ordinance. She will come back next year with amendments that make fairly substantial language changes. Commissioners Clark and Seel expressed concern regarding risks related to large capital expenditures, noting the estimated gain is small. Mayor Garvey and Commissioner Johnson supported the proposal. Commissioner Hooper said he would not stop Solid Waste from providing full service. The majority requested staff bring back this item early next year. Commissioner Hooper moved to deny Ordinance #6105-96. The motion was duly seconded and carried unanimously. ITEM #17 - Ord. #6111-96 - Relating to registration of Lobbyists, Amending Secs. 2.700 & 2.703 deleting staff from the provisions of the ordinance The City Attorney presented Ordinance #6111-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6111-96 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. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-43) Approved as submitted, less #39. ITEM #18 - Contract extension, 01/01/97 -12/31/97, for purchase of various gas installation & repair materials to Tempaco of Pinellas, Clearwater, FL, at an estimated $289,732.91 (GAS) ITEM #19 - Purchase one 1997 Ford Crown Victoria Police Interceptor automobile from Duval Ford, Jacksonville, FL, for not to exceed $21,415 (PD) ITEM #20 - Purchase two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, Jacksonville, FL, for not to exceed $42,830 (PD) ITEM #21 - Purchase four 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, Jacksonville, FL, for not to exceed $85,660 (PD) ITEM #22 - Purchase eleven 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, Jacksonville, FL, for $235,725; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #23 - Renew blanket Purchase Order for truck equipment & accessories with A Truck Body & Equipment Co., Largo, FL, for the period 12/06/96 -03/31/98, at an estimated not to exceed $37,000 (GS) ITEM #24 - Renew blanket Purchase Order for hydraulic repair & service particular to heavy duty & construction vehicles with Atlas Hydraulics, Inc., Clearwater, FL, for the period 12/06/96 -03/31/98, at an estimated not to exceed $51,250 (GS) ITEM #25 - Renew blanket Purchase Order for air-conditioning service with Paul’s Radiator, Clearwater, FL, for the period 12/06/96 -12/31/97, at an estimated not to exceed $31,500 (GS) ITEM #26 - Renew blanket Purchase Order for brake parts particular to light duty & specialty vehicles with Florida Brake & Clutch, Inc., Tampa, FL, for the period 12/06/96-03/31/98, at an estimated not to exceed $41,500 (GS) ITEM #27 - Renew blanket Purchase Order for brake parts particular to heavy duty & construction vehicles with Tampa Brake & Supply Co., Tampa, FL, for the period 12/06/96 -03/31/98, at an estimated not to exceed $32,500 (GS) ITEM #28 - Renew blanket Purchase Order for rapid rail parts particular to refuse collection vehicles with The Heil Company, Phoenix, AZ, for the period 12/06/96 -06/30/99, at an estimated not to exceed $87,500 (GS) ITEM #29 - Renew blanket Purchase Order for parts particular to Crane Carrier model refuse collection vehicles with CCC Parts Company, Tampa, FL, for the period 12/06/96 -06/30/99, at an estimated not to exceed $52,500 (GS) ITEM #30 - Purchase of three 1997 Automated Side Loader refuse collection trucks from Crane Carrier Company, Tulsa, OK, for $391,629; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #31 - Ratify/Confirm City Manager’s authorization to pay Stringer Tire Company, Inc., Tampa, FL, $19,542 for tire service, repairs & replacement in excess of original blanket Purchase Order of $224,368.38; extend this blanket PO for additional $55,000 through 12/31/96 (GS) ITEM #32 - Purchase of: 3 standard compact pickup trucks from Maroone Chevrolet, Pembroke Pines, FL, for $45,234; one 4x4 compact pickup truck from Don Reid Ford, Maitland, FL, for $22,006; & 7 compact pickup trucks with extended cab from Garver Chevrolet, Green Grove Springs, FL, for $120,910; and award $400 administrative fee to the Florida Sheriff Association; total cost not to exceed $188,550; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #33 - Contract to purchase & install replacement playground equipment for Norton Park, Overbrook Park and Granada and Broadway Playground to Park Structures, Inc., for $43,264.54 (PR) ITEM #34 - Contract for construction of two picnic shelters, 1 for Martin Luther King Complex & 1 for Morningside Recreation Complex to Oakhurst Construction Co., Inc., Seminole, FL, for $64,250 (PR) ITEM #35 - First Amendment to lease agreement dated 03/07/96 with Clearwater Newspapers, Inc., extending lease term through 12/31/97, re premises in Blks 9 & 10, Akin Sub., providing for termination by either party upon 30 days written notice (MSB/PS temporary parking facilities) (EN) ITEM #36 - Approve proposed erosion control line on Sand Key (EN) ITEM #37 - Contract for 1997 Underdrain Contract to All American Concrete, Inc., St. Petersburg, FL, for $898,252.50 (EN) ITEM #38 - Approve entering lease with FDOT for portion of northerly r-o-w of SR60 within Sec. 16-29-16; approve sublease of said rights & obligations to the Greater Clearwater Chamber of Commerce pursuant to Res. #96-55 adopted 09/05/96 (EN) ITEM #39 - See below. ITEM #40 - Purchase of Hello Interactive Voice Response System for use with new Central Permitting & Code Enforcement computer software from Enhanced Systems, Inc., Norcross, GA, for $29,400 (CP) ITEM #41 - Receipt/Referral - Site Plan for Drew Street Apartments proposed for construction at 2900 Drew Street, owned by 3 general partnerships: Brown Associates, LTD II, Roberts Associates LTD II and Kennedy Associates LTD, represented by Terry Foote of the Wilson Company and Ken Arsenault, P.A. (CP) ITEM #42 - Consent to Easement - Department of Army - Dunedin Causeway Natural Gas Mains (CA) ITEM #43 - First Amendment to License Agreement with Alexandra of Clearwater Beach, Inc. (CA) Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #39 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #39 - Contract to resurface Pier 60 parking lot to Golden Triangle Asphalt Paving Company, for an amount not to exceed $35,000 (EN) On November 24, 1996, the new Pier 60 Park opened. The Pier 60 parking lot provides parking for the Park, including handicap parking. The lot is scheduled to be resurfaced in 1997, after a new City paving contract is awarded. In the interest of tourism and quality customer service, staff felt this project should be contracted in December, a traditionally "slow" beach month. The City Manager said when the City Commission did not approve this contract on November 21, 1996, the contractor accepted another job and now cannot perform this work until February 1997. She suggested including this task in the City's paving contract and resurfacing it next summer. Early next year, the Commission will readdress Kimley-Horn's recommendations to gain beach parking spaces by restriping parking lots. Item pulled. No action taken. OTHER ITEMS ON CITY MANAGER REPORT ITEM #44 - Contract for asbestos abatement at City Hall to Lang Engineering, Tampa, FL, at an estimated $36,180.97 (GS) This proposal to remove popcorn ceiling spray and duct wrap containing asbestos in City Hall is based on a USF (University of South Florida) contract the City currently is using for other abatement projects. This renovation project will disturb 1,775 square feet of ceiling and require removal of 288 square feet of air-conditioning duct wrap to install fire dampers and inspection panels. Lang Engineering's not-to-exceed proposal for outlined work is $26,180.97. The City will realize all cost underruns. A $10,000 contingency is requested for abatement of other asbestos uncovered during renovations. This cost does not include air monitoring which is required in conjunction with abatement. Occupational Health Conservation, Inc., will handle the air monitoring for approximately $2,574. Commissioner Johnson moved to award a contract to Lang Engineering, Tampa, Florida, for asbestos abatement at City Hall, at an estimated cost of $36,180.97, which is in accordance with the terms set forth in the University of South Florida contract and is currently being used by the City; and that the appropriate officials be authorized to execute same. The motion was duly seconded. Concerns were expressed regarding proceeding with this project until the Harborview Center and Municipal Services Complex projects are brought to closure and construction project processes established. Acting Assistant City Manager Bill Baird said he is responsible for developing the Facilities Management Program. He can request assistance from High-Point Rendel, recently hired to assist with closure of the Municipal Services Complex project, should any be needed. It was noted City Hall's needs include establishing communication with the Municipal Services Complex. The City Manager noted staff is managing this project. Building and Maintenance handles this type of work on a routine basis. In response to a question, Mr. Baird said staff can complete this project within budget and within schedule. He verified the Commission's direction to accomplish a 3 to 5 year temporary fix for City Hall. A contingency is included due to staff shortages. Concerns were expressed regarding the project's timing and staff's ability to complete the project successfully. In response to a question regarding when the other construction projects would be complete, Mr. Baird said the banquet kitchen in the Harborview Center is scheduled for completion on December 6, 1996. Pickles Plus' plans were discussed with Rowe Architects. As the contract does not define clearly which items are included in the "shell," the Legal Department is working toward an agreement. Most items in question are minor. The needed drain line could be costly although some options exist. The Mayor questioned if the Pickles Plus contract could be canceled. The City Attorney will review that issue. Mr. Baird said staff had targeted November 30, 1996, for the issuance of the CO (Certificate of Occupancy) for the Municipal Services Building but no CO has been pulled. The Police Headquarters had targeted December 2, 1996, for the issuance of the CO. He questioned if the Police Department can move into the building until items on the 50-page punch-list are addressed. The list contains no major items, but trades-workers cannot wander around a secured building, such as Police Headquarters, without escort. He received the Substantial Completion documents but had not yet toured the building. He had advised the contractor that the building had not passed inspections. A temporary CO could be issued. No major problems relate to safety and electrical codes. He hoped all issues would be resolved by next week. In response to a question, Mr. Baird said when the Municipal Services Complex contract was awarded to Creative/Beers, $500,000 was budgeted to address life safety codes and change some walls at City Hall. Fiber optic cabling reached City Hall but cabling for the building was not budgeted. He said during the past three years, Building & Maintenance had requested funds to replace the air-conditioning system. He recommended rolling these projects into one, noting the original budget did not include air-conditioning and internal cabling. He said the project represents a 3 to 5 year Band-Aid. Mr. Baird said he will be the project manager and responsible for the project. He is working with the Finance Department to track expenses. He reported the air-conditioning parts had been ordered. Everything proposed in Items #44, #45, and #46 were designed and hard bid with "not to exceed" costs and penalties. It was noted citizens will not tolerate another mess. Mr. Baird said he is comfortable this project can be completed on time and on budget. He felt strongly that life safety issues must be addressed. He recommended against postponing these issues. Concerns again were expressed regarding starting the City Hall project until the other projects are completed. Mr. Baird said the agenda items are hard bid and the City has an obligation to the bidders. Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried. ITEM #45 - Contract for furnishing & installing a fire sprinkler system at City Hall to Taylor Fire Protection, Inc., St. Petersburg, FL, at a cost not to exceed $89,480 (GS) In October 1996, staff solicited bids for a City Hall fire sprinkler system that complies with current codes and regulations. Sidewall mounted sprinkler heads will be installed in lobbies and Commission Chambers to limit impacts on asbestos material in the ceilings. The price does not include fascia construction or finishing exposed sidewall piping. The Building and Maintenance Division will do this work. Commissioner Hooper moved to award a contract to Taylor Fire Protection, Inc., of St. Petersburg, Florida, for furnishing and installing a fire sprinkler system at City Hall, at a cost not to exceed $89,480, which is the lowest, most responsive and responsible bid, submitted in accordance with bid specifications; and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried. ITEM #46 - Contract to purchase cabling & cabling installation services for City Hall to Cisco, Pinellas Park, FL, for $32,543.18 (GS/IM) In April 1995, IM (Informational Management) presented the Commission with a Technology Plan to replace older computers with new hardware and software, and to install fiber optic cable connecting the Municipal Services Building to the Police Headquarters, Fire Administration, City Hall, and future Graphics shop. In March 1996, the Commission approved the purchase of 23 PCs for City Hall. Though Summer 1996, these computers outfitted the Municipal Services Building staff training labs, eliminating the need to rent PCs. City Hall PCs cannot use City standard office software, access Ross Financial System, nor be connected to the Enterprise Network until fiber optic cabling is installed. During Spring 1996, the City also purchased and installed a state-of-the-art telephone system which was sized to provide service for the Municipal Services Building, Police Headquarters, Graphics, and City Hall. Telephone equipment and instruments for City Hall have been purchased but City Hall needs cabling to connect to the new system. Commissioner Johnson moved to award a contract to purchase cabling and cabling installation services for City Hall from Cisco, of Pinellas Park, Florida, being the lowest and most responsive bidder in accordance with specifications, at a price of $32,543.18; and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried. ITEM #47 - Agreement with FDOT to install natural gas mains during widening project of SR 54 from Madison Ave. to Rowan Rd., at an estimated $197,365.25; Res. #96-77 - authorizing execution of agreements for installation and acceptance of new city facilities; authorizing placing of funds with FDOT for completion of utility installation (GAS) A State project in Pasco County is widening SR 54 between Madison Avenue and Rowan Road. This JPA (Joint Project Agreement) provides for the State's general contractor to install CGS' gas main and will result in the work being done in a timely manner while relieving CGS from penalty payments due to project delays. Restoration costs are saved as the general contract is responsible for those expenses under the JPA. This JPA, for labor only, is estimated to cost $197,365.25. CGS will provide gas materials for the project from existing inventory that includes 7,845 feet of 6-inch PE gas main, 140-feet of 2-inch PE gas main, and other gas fittings. These materials are estimated to cost $45,500 and were approved previously. Commissioner Clark moved to approve a Joint Project Agreement with the Florida Department of Transportation to install natural gas mains during the widening project of SR 54 from Madison Avenue to Rowan Road at an estimated cost of $197,365.25 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-77 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-77 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. ITEM #48 - Authorize Purchase Offer, not to exceed $60,000 including closing costs for parcel of real estate containing approximately 0.18 acres located at 1102 N. Greenwood Ave., Greenwood Manor, Lot 1 and part of Lot 2 (Jeralne Burt property) for development of job center in N. Greenwood neighborhood (CM) The City Commission appointed a North Greenwood Citizens Task Team to recommend actions for improving community conditions. The Task Team's primary economic development recommendation is to develop a neighborhood job center. Staff will work with a consortium of employment training, referral, placement, and development agencies to develop a one-stop job center at this site. Ms. Rice reported someone else already may have contract on this property. She requested Commission approval to offer $60,000 if the property is available. If the property is not available, this approval will dissolve. Concerns were expressed the job center not duplicate services already provided. Ms. Rice said the goal is to expand services, attract participation by other social service providers, and offer one-stop convenience in the neighborhood. The Task Force had recommended a North Greenwood Avenue site with parking and accessible by public transportation. This property, if available, requires little renovation, and has parking. She said no nearby City-owned property meets Task Force criteria. A potential site owned by a non-profit has not been located. She said plans are to develop a consortium of service providers to administer the job center. It was suggested the job center could share space with a Police Substation. In response to a question, Ms. Rice hoped teens, who frequent the teen club currently on the subject property, will use the job center's services. She said it would be difficult to add programs at the Martin Luther King Center. In response to a question, Ms. Rice indicated if this offer is declined, the City will look for other options. Commissioner Clark moved to authorize a purchase offer not to exceed $60,000, including closing costs, for a parcel of real estate containing approximately 0.18 acres at 1102 North Greenwood Avenue, 130-feet (MOL) South of LaSalle Street, being legally described as: Lots 1 and the South 9.7 feet of Lot 2, as recorded in Plat Book 21, Page 65 of the Public Records of Pinellas County, Florida and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #49 - Funding for Clearwater, Florida, Hospitality Center in Nagano, Japan - $25,000 The Clearwater, Florida, Hospitality Center will showcase the City during the 1998 Winter Olympics in Clearwater's Sister City, Nagano, Japan. At the Center, the City can market Clearwater and Florida to the world as a tourist and business destination. The Mayor will approach corporations and organizations for financial support and sponsorship. The project budget is about $750,000. This seed money will fund those efforts. The initial $25,000 request will be drawn down as needed to purchase materials and devise a presentation packet for soliciting corporate financial support. Materials are essential when approaching potential sponsors. Presentation packets need to include, but not be limited to, maps, public relations material, print materials, brochures, design concept books, and photo reprints. Some travel expenses will be needed to meet potential major sponsors. The Mayor said the committee had asked her to request $50,000. She said the $25,000 requested would be a start. In response to a question, the City Manager said the funding source will be identified at the 1st quarter budget review. Commissioner Clark moved to provide $25,000 in seed money for the committee to solicit financial support for the Clearwater, Florida, Hospitality Center at the 1998 Winter Olympics in Nagano, Japan. The motion was duly seconded and carried unanimously. ITEM #50 - Airpark Fixed Base Operator RFP It was noted some believe the analysis used to identify the financial impact an airpark has on the community is incorrect, however, all airparks are judged by the same standards. Commissioner Hooper said he had attended the last AA (Airport Authority) meeting and indicated the board members supported the FBO (Fixed Base Operator) RFP (Request for Proposal). Engineering Director Rich Baier said the RFP was designed to address comments made by the Commission and Board. The RFP requires an annual independent certified audit which costs between $4,000 and $6,000. It was questioned if the RFP addresses possible future expansions. Mr. Baier said the RFP does not guarantee development of outparcels. Possible revenue sources are listed to encourage bids. He said responses could vary significantly if the hangar income is not listed. Assistant City Manager Bob Keller reported initial discussion with the potential user of a nearby site related to retention issues. Commissioner Johnson moved to approve the Fixed Base Operator Request for Proposal. The motion was duly seconded and carried unanimously. ITEM #51 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #52 - Resolutions a) Res. #96-76 - Demolition Lien - 1164 & 1166 LaSalle St., Greenwood Park No. 2. Lot 65 (Gerald) The City Attorney presented Resolution #96-76 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-76 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. ITEM #53 - Other City Attorney Items a) Setting meeting to hear Alcoholic Beverage appeal The City Attorney requested scheduling a hearing for an Alcoholic Beverage appeal for January 14, 1996, at 9:00 a.m. Consensus was to so schedule. Code re change of ownership Regarding the sale of alcoholic beverages, the Mayor suggested the code allow changes of ownership without requiring new conditional use permits. Consensus was for the City Attorney to bring back a possible amendment allowing changes of ownership as long as no change in use is proposed. The City Attorney reported the Police Department completes a background check for every change of ownership request. Attorney/Client Session - Walter The City Attorney requested an attorney/client session regarding Charles W. and Brenda N. Walter versus the City be scheduled for January 6, 1996, at 9:00 a.m. Consensus was to so schedule. Attorney/Client Session - Verhoeven The City Attorney requested an attorney/client session regarding Peter Verhoeven versus the City be scheduled for January 14, 1996, at 11:00 a.m. Consensus was to so schedule. Authorization to bring case re Fair Housing The City Attorney said according to the Fair Housing Law, the City can bring litigation if it finds discrimination. The plaintiff in a current case originally sought relief through an Administrative Hearing but has changed her mind and wants to go to court. The City Attorney recommended the City allow this. Pinellas County contracts with Gulf Coast Legal Services to handle these types of cases. The plaintiff also can take private action if she chooses. The City Attorney said it would be advantageous to combine the actions. The administrative hearing is scheduled for December 23, 1996. The City Attorney requested City Commission approval to permit the plaintiff to change election of remedies to authorize filing suit, to discuss a contract with Gulf Coast Legal Services, and to discuss the case with the plaintiff's attorney for the purpose of agreeing for him to handle it. Commissioner Clark moved to approve the City Attorney's request. The motion was duly seconded and carried unanimously. Authorization to bring case re Property Rights case The City Attorney said James Ficken had sent a letter alleging a property rights claim against the City. Property owners John and Emily Izzo have joined Mr. Ficken in his complaint. Staff does not feel the claim meets the criteria for action but the statute does not indicate what actions are required by these circumstances. The City can reject the claim and not address it or seek declaratory relief with in-house staff. She said seeking a declaratory judgment would create a record that Mr. Ficken is not entitled to relief. Commissioner Johnson moved to authorize the City Attorney to seek a declaratory judgment. The motion was duly seconded and carried unanimously. Litigation regarding Stormwater Fees The City Attorney reported St. Petersburg recently lost a case in Circuit Court with St. Petersburg Junior College and the Pinellas County School Board regarding collection of stormwater fees. She will come back to the Commission when she has further information regarding the case and the possible financial impact on the City. Mayor Garvey noted this is another case where the School Board does not have to abide by City rules. Commissioner Seel requested staff report on what the City provides the school system. ITEM #54 - City Manager Verbal Reports Strategic Planning Meeting The City Manager requested a Strategic Meeting be scheduled for January 27, 1996, from 9:00 a.m. to 4:00 p.m. Consensus was to so schedule. Memorial Causeway Bridge brochure The City Manager distributed a brochure reviewing options for the replacement of Memorial Causeway Bridge. North Greenwood Community Task Team The City Manager expressed appreciation to Ms. Rice for her efforts working with the North Greenwood Community Task Team. ITEM #55 - Other Commission Action Commissioner Seel referred to a letter from a man with concerns about feeding seagulls who stated his previous letter was not answered. The Mayor felt a response had been sent. Staff will check. Commissioner Seel expressed sadness regarding a fax from Sheila Cole indicating anti-Semitic information is being distributed. Commissioner Hooper wished all the happiest of holidays and a prosperous New Year. Commissioner Clark reported on December 11, 1996, the FDOT (Florida Department of Transportation) will present redesign alternatives for US 19N intersections to the MPO (Metropolitan Planning Organization) at the County Courthouse at 1:00 p.m. Mayor Garvey questioned how to deal with unlit street lights. Mr. Baier is working with Florida Power regarding several issues. Staff will try to better distribute Florida Power's telephone number for reporting non-working street lights. Mayor Garvey suggested placing bulletin boards for announcements in all active parks. Mayor Garvey said due to her involvement with the Nagano Hospitality Center, she will resign as an ex-officio member of the DDB (Downtown Development Board). Commissioner Clark volunteered to take her place. Action to make this appointment official will take place at the next CRA meeting. Mayor Garvey said Saturday’s Farmer’s Market takes place at Station Square Park. Mayor Garvey invited residents to watch the Holiday Parade on December 13, 1996. Mayor Garvey wished Happy Holidays to all. ITEM #56 - Adjournment The meeting adjourned at 8:32 p.m.