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05/01/1997CITY COMMISSION MEETING CITY OF CLEARWATER May 1, 1997 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 Rich Baier Engineering Director John D. Richter Central Permitting Senior Planner 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 Anthony Ballestero of the Pentecostals of Clearwater. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None ITEM #4 - Introductions and Awards Proclamations: Nurses Week - May 6 - 12, 1997 Letter Carrier Food Drive Day - May 10, 1997 Motorcycle Awareness and Safety Month - May 1997 Melanoma Skin Cancer Detection and Prevention Month - May 1997 ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of April 17, 1997, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Doran complimented the Library’s excellent work on the City’s Internet home page. He also complimented the Mayor for her participation on the CVB (Convention & Visitors Bureau), stating her involvement is making a positive difference. Fran Briskman and Sheila Cole, representing the Island Estates Civic Association, requested a park be constructed on City-owned land on Island Estates. Gary Benjamin, Airport Authority member, requested the City Commission reestablish periodic reviews with advisory boards. PUBLIC HEARINGS ITEM #8 - Variance(s) to Sign Regulations for property located at 1430 Belleair Rd., Sec. 23-29-15, M&B 31.01 (Community Reformed Church, SV97-03)(CP) This property, on the North side of Belleair Road, is West of Highland Avenue and zoned Public/Semi-public. The applicant requests: 1) a 24-square foot area variance from the permitted 48-square feet to allow 72-square feet of freestanding sign area and 2) a 112-square foot area variance from the permitted 108-square feet to allow a sign structure with a 220-square foot area. The variance will enlarge the existing sign and increase the sign’s height from 4-feet, 3-inches to 6-feet. Each of the sign’s three panels is oriented in a different direction. The 24-square foot bulletin board in the middle conforms to code. The total area of the two 36-square foot end panels exceeds code. Central Permitting Senior Planner John Richter said the sign replicates the church’s architecture and angles. One letter of objection was received. Commissioner Johnson moved to approve the following variances: 1) a 24-square foot area variance from the permitted 48-square feet to allow 72-square feet of freestanding sign area and 2) a 112-square foot area variance from the permitted 108-square feet to allow a sign structure with an area of 220-square feet, on property identified as Sec. 23-29-15, M&B 31.01, for meeting Sec. 45.24, Standards for Approval, items (1)-(4). The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing - Amendment to Master Plan for Morton Plant Hospital re Sign Plan for entire hospital campus (CP) The Morton Plant Hospital campus, zoned Master Planned Development District, extends East of S. Ft. Harrison Avenue. Signs placed under this zoning district are subject to City Commission review and approval. It is proposed to remove and replace the 50 current signs with 76 signs to identify the hospital and its facilities. A 20-foot high, 11-foot wide monument on the Northwest corner of S. Ft. Harrison Ave. and Pinellas St. will serve as the main sign identifying the hospital and have a message area of 27.25-square feet. Morton Plant Hospital is the only large campus-style development and regional medical facility in the City. The hospital’s signs address special public safety needs, including access identification and a potential urgency for health care, which differ from other institutional or commercial uses. Requested signs: 1) one freestanding 20-foot high, 11-foot wide monument with 27.25-square feet of copy at Northwest corner of S. Fort Harrison Avenue and Pinellas Street; 2) one directional 10.5-foot high, 8-foot wide monument with 38-square feet of copy at Southeast corner of Druid Road and Jeffords Street; 3) thirteen directional 9-foot high, 6.8-foot wide monuments with 33-square feet of copy at road intersections; 4) eleven directional 6-foot high freestanding signs with 12.5-square feet of copy at road and driveway intersections; 5) two directional 3.2 X 2-foot attached sign with 2.5-square feet of copy at Lykes Center; 6) six directional 6.5-foot high freestanding signs with 8.7-square foot maps at varied locations; 7) five directional 4 X 3.8-square foot attached signs with 8.7-square foot maps at varied locations; 8) thirteen directional 4.3-foot high freestanding signs with 2.9-square feet of copy on-campus and 7.25-square feet of copy off-campus at parking lot entrances; 9) nine attached 56-square foot awning signs at varied locations; 10) four attached wall signs with 82-square feet at varied locations; 11) ten attached wall signs with 56-square feet; and 12) one directional 8-square foot attached sign at the Women’s Center. Mr. Richter reviewed the proposed signage. The smaller signs will be located on the campus’ West side. The numerous signs throughout the campus will direct clients and identify buildings. The proposed signs are in scale with the large, multi-use property. Staff feels the request is reasonable and recommends its approval, subject to conditions. Emil Marquardt, representing Morton Plant Hospital, said notice of this request indicated a Master Plan revision and concerned some neighborhood residents. The request is related strictly to signs. He said the hospital tried to keep signage to a minimum. Signs at the Jeffords Street intersections with S. Ft. Harrison Avenue and Druid Road will direct traffic to the campus’ main entrance at Ft. Harrison Avenue and Pinellas Street. He said the sign at the Druid Road and Jeffords Street intersection could be reduced to 9-feet. He said the hospital is comfortable with conditions proposed by staff. Robert Kern, representing Harbor Oaks, supported the sign plan. Commissioner Seel moved to approve the proposed sign plan for Morton Plant Hospital, subject to the following conditions: 1) area of signs #23 and #26, identifying the Women’s Center, shall not exceed 90-square feet each and 2) the area of signs #33, #45, #47, and #52 shall not exceed 56-square feet each. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #6139-97 - OPD Zoning for property located at 804 Pinellas St., Milton Park Sub., Blk 10, Lots 10-12 (Word of Faith Church of God, Inc. and Francis & Kristin Ferraro, Z97-02) Commissioner Seel said at first reading, a citizen requested a copy of a neighborhood petition supporting this ordinance. Staff will check to see if the petition was received. The City Attorney presented Ordinance #6139-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6139-97 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 #11 - Ord. #6141-97 - Vacating east/west alley between Lots 6-13, Blk 10, Milton Park Sub. (Word of Faith Church of God, Inc., V97-02) The City Attorney presented Ordinance #6141-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6141-97 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. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-15) - approved as submitted. ITEM #12 - Approval of Purchases & Declare surplus per 04/16/97 memorandum: One Seth Model SP-6Lt6-HA/T/Silent Pack, trailer mounted, diesel powered, 6-inch closed coupled centrifugal trash pump, Power and Pumps, Inc., $25,397 (GS) Replace one 1997 Dodge Intrepid administrative sedan, Lakeland Chrysler-Plymouth-Dodge, Inc., $18,215; funding to be provided under City’s master lease purchase agreement (GS) Renewal - miscellaneous office supplies, The Smith Wilson Company, 05/22/97 -05/21/98, estimated $100,000 (FN) Galvanized pipe and fittings, Noland Company, 05/02/97 -05/01/98, estimated $79,045.40 (GAS) Replace two 1997 The East Unloader aluminum 82 yard compaction trailers, East Manufacturing Corp., $135,540; funding to be provided under City’s master lease purchase agreement (GS) Three 1997 Cushman Utility Police Vehicles, Golf Ventures, Inc., $43,056; funding to be provided under City’s master lease purchase agreement (GS) One 1997 Chevrolet Suburban 4x4 utility vehicle, Maroone Chevrolet, $30,566; funding to be provided under City’s master lease purchase agreement (GS) Prism Scan/Enhanced Software portable radios & accessories, Ericsson Communications Inc., $58,194.75 plus shipping (PD) Bulk concrete, Florida Crushed Stone, 05/02/97 -05/01/98, estimated $38,269 (PS) Declare list of items from General Services/Fleet Administration surplus to City needs; approve disposal through Tampa Machinery Auction (FN) ITEM #13 - Electronic Data Interchange Trading Partner Agreement with Florida Gas Transmission to enable CGS to nominate and transport bulk natural gas to gate stations (GAS) ITEM #14 - Confirm appointment of James H. Moore to Board of Trustees, Clearwater Police Supplementary Pension Plan (PD) ITEM #15 - Water main easement and refuse, garbage collection and utility vehicle ingress/egress easement - John F. Laurent and Bob Crawford, Co-trustees of Barbara Jane Durrance Trust (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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #16 - Res. #97-31 - establishing the SHIP Local Housing Assistance Plan for State Fiscal Years 1997-2000 (HU) The SHIP (State Housing Initiatives Partnership) program, centerpiece of the William E. Sadowski Affordable Housing Act, is financed by the documentary stamp tax on deeds and creates a comprehensive funding package for local affordable housing programs. The State estimates the City will receive $633,161 during each State FY (fiscal year) 1997-00. The City must use at least 75% of the funding for construction, rehabilitation or emergency repair, and 65% for home ownership. Very low-income persons must occupy at least 30% of assisted households, low-income persons must occupy another 30% of assisted households, and the balance may be occupied by moderate-income persons. On April 15, 1997, NAHAB (Neighborhood & Affordable Housing Advisory Board) recommended Commission adoption of the Local Housing Assistance Plan. Commissioner Johnson moved to establish the SHIP Local Housing Assistance Plan for State fiscal years 1997 through 2000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-31 and read it by title only. Commissioner Seel moved to pass and adopt Resolution #97-31 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 #17 - Schedule presentation of selection committee’s top two ranked candidates re Clearwater Airpark Fixed Base Operator; direction requested for lease negotiation (EN) On December 9, 1996, the City solicited RFPs (Requests for Proposal) for a minimum 5-year lease agreement with 2 consecutive 5-year renewal periods for a FBO (Fixed Base Operator) to provide aviation services at Clearwater Airpark. A Selection Committee was formed: 1) Assistant City Manager Bob Keller; 2) Finance Director Margie Simmons; 3) City Engineer Rich Baier; 4) Airpark staff liaison Glen Bahnick; 5) Airport Authority Chair Harry Silcox; 6) Airport Authority member Gary Benjamin; 7) Clearwater Chamber of Commerce member Mark Abdo, 8) Clearwater Chamber of Commerce member Dick Fitzgerald, and 9) pilot and airpark tenant Buz Huechen. On February 19, 1997, the Selection Committee noted Clearwater Flying Corporation and ARM had not submitted required credit references or financial pro formas and determined the candidates did not meet the RFP’s minimum qualifications. On March 10, 1997, the remaining 4 candidates made oral presentations. Candidates were evaluated according to criteria enumerated in the RFP: 1) 30% - experience; 2) 20% - fullness of resources; 3) 30% - economic return to City; and 4) 20% - safety. The Selection Committee finalized the ranking: 1) Clearwater Aircraft, Inc.; 2) Leading Edge Aviation Services, Inc.; 3) Hawthorne Aviation, Inc.; and 4) Suncoast Flying Services, Inc. The FBO must complete successfully a background check. Due to the divergent long range visions of the top 2 candidates, the Engineering Department and Assistant City Manager recommend these 2 candidates make presentations to the Commission. At the last Selection Committee meeting, it was determined either of the top 2 candidates would be a satisfactory FBO. A FBO Lease Agreement will be presented to the City Commission upon completion of negotiations. The Airport Authority currently is reviewing and preparing recommendations regarding lease provisions. Glen Bahnick, Airport Authority staff liaison, reviewed the process the Selection Committee used to rank FBO candidates. The RFP was distributed through normal channels and the Internet. Staff recommends the City Commission hear presentations from the top two candidates. The City Manager said the presentations will take less than 30 minutes each. Airport Authority member Gary Benjamin provided a brief background of the procedure and reviewed letters from staff recommending Clearwater Aircraft, Inc., the top ranked firm. He expressed concern staff changed their recommendation in April even though no additional presentations or changes were made by the Selection Committee after the March 10, 1997, meeting. He said the Selection Committee worked hard ranking the candidates. He recommended the City Commission accept the committee’s ranking and move ahead with lease negotiations with the top ranked firm. He also recommended against assigning senior and junior level employees to the same committee as senior level employees can influence junior level employees. It was noted the Selection Committee’s function was to determine a ranking. Concerns were expressed that staff’s recommendation had changed from the time of the Selection Committee presentations to the preparation of the agenda item. The City Manager said the committee had ranked the candidates, however, differences between the top two-rated candidates are philosophical and distinct. She recommended the Commission hear and consider those differences. Commissioner Johnson moved to deny staff’s recommendation and to approve the Selection Committee’s #1 ranking of Clearwater Aircraft, Inc. The motion was duly seconded, Mark Moberg, President of Leading Edge Aviation, said there is confusion regarding the process. No record exists of the meeting when the candidates were ranked. He said Leading Edge would have scored higher had their experience and ability been reported accurately. He requested the opportunity to make a formal and professional presentation to the City Commission to judge the merits of proposal. In response to a question, Mr. Baier, Selection Committee Chair, said a formal vote was not taken at the last meeting, however, he understood the top two candidates would be brought forward for Commission consideration. Mr. Benjamin said that was not the case. The Committee had ranked the candidates. He charged the decision to bring forward two candidates occurred during discussions after the meeting. In response to a question, Mr. Baier said no formal motion recommended bringing forward two candidates. The committee’s task was to rank the candidates, which was done. The City Manager is responsible for bringing forward recommendations to the City Commission. David Moberg, vice-president of Leading Edge Aviation, expressed concern some committee members may have been biased against his firm. He said the ranking of his firm was based on only 6 years of experience while the candidate has 25 years of combined experience. It was noted Commission members had taken time to visit airparks and experience differences in operational styles and abilities. It was questioned if the Committee had considered the candidates from the Commission’s viewpoint. It was felt the City Commission had nothing to lose by listening to two presentations. It was noted the City Commission has never had consensus regarding a philosophy related to the operation of the Airpark. Assistant City Manager Bob Keller said staff’s recommendation to consider two candidates is based on the dramatically different approach and diametrically opposed philosophy each candidate proposes. He said listening to the two presentations would provide the best chance for the Commission to make a decision regarding the facility’s future direction. In response to a question, he said differences relate to the financial proposals submitted, planned improvements, etc. It was stated this decision addresses more than the selection process. It was pointed out the Committee already was provided all relevant information. The City Manager recommended the Commission consider both candidates as their criteria may differ from that of the committee. It was felt staff had followed Commission direction to rank the candidates and that the Commission should respect staff’s recommendation. Concern was expressed the process should not be changed at this point. It was noted the decision could affect the airpark’s operation for the next 25 years. It was stated Clearwater Aircraft was ranked #1 by this and a previous process. Concern was expressed regarding the fairness of having Clearwater Aircraft make another presentation to confirm its #1 ranking. Upon the vote being taken, Commissioners Johnson and Clark and Mayor Garvey voted “Aye”; Commissioners Hooper and Seel voted “Nay.” Motion carried. Concern was expressed the motion only ranked Clearwater Aircraft, Inc. #1. It was questioned what would happen if a lease cannot be negotiated with Clearwater Aircraft. It was stated another RFP would have to be distributed if the final rankings are not approved. It was felt the City Commission should hear a presentation from Leading Edge Aviation before accepting all rankings. It was questioned if the $1,500 spent for Commissioners to visit area airparks was wasted as that information was not used in this determination. It was noted economic considerations also relate to the airpark’s benefit to the business community. Commissioner Clark moved to direct staff to negotiate a Lease Agreement with the top ranked candidate, Clearwater Aircraft, Inc., based on the RFP response. The motion was duly seconded. Mr. Benjamin said the Selection Committee spent a great deal of time reviewing the applicants’ financials. He estimated the City would lose $158,000 if it chose Leading Edge over Clearwater Aircraft. It was questioned why Leading Edge did not receive a score of “O” under economics if Mr. Benjamin’s claim is true. Mr. Benjamin said committee members voted individually. It was noted the top two candidates are only 4 points apart. In response to a question, Mr. Baier said one member felt it was not appropriate to vote after missing the first two presentations due to car trouble. Mr. Moberg said the City Commission needs to have all the information to make a decision and offered to return for a full presentation. He said confusion exists if committee members feel such a huge disparity exists. Upon the vote being taken, Commissioners Johnson and Clark and Mayor Garvey voted “Aye”; Commissioners Hooper and Seel voted “Nay.” Motion carried. ITEM #18 - Res. #97-30 - authorizing execution of agreement with FDOT to construct a new terminal building at Clearwater Airpark (EN) FDOT (Florida Department of Transportation) has agreed to provide 50% reimbursable funding to construct a new flight operations terminal building at Clearwater Airpark estimated to cost $200,000. The City must pay project costs up front before reimbursement from FDOT. To provide funding on a timely basis, FDOT has programmed $100,000 in Florida’s FY (fiscal year) 1996/97 budget which ends June 30, 1997. Execution of this JPA (Joint Participation Agreement) encumbers FY 1996/97 State funds and initiates the project. State funding will not be available for this project if this JPA is not executed before June 30, 1997. The existing Flight Operations Terminal Building, constructed in 1970, has problems related to non-compliance with ADA (American with Disabilities Act), severe differential foundation settling, termite damage, and inefficient HVAC systems. Replacing the building is programmed in the City’s FY 2000/01 budget. The new terminal’s location will be determined during the Airpark Master Plan update process. Approval of this JPA sets the mechanism for 50% reimbursement of project costs by the State but does not approve the project. Engineering Services will bring forward plans and specifications for City Commission approval according to City standards. Commissioner Hooper moved to authorize the execution of a Joint Participation Agreement between the City and Florida Department of Transportation to construct a new terminal building at Clearwater Airpark and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-30 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-30 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 #19 - Approve City granting deed; Res. #97-20 - authorizing execution of Conservation Easement Deed to FDEP (EN) The City is extending Landmark Drive South from Enterprise Road East to Lake Chautauqua Park. To compensate for impacts to Mullet Creek, it is necessary to preserve a transitional wetland area and mitigation area. A Conservation Easement Deed dedicated to FDEP (Florida Department of Environmental Protection) is required pursuant to Florida Statute 704.06. A FDEP permit has been issued, conditioned upon the Conservation Easement Deed being dedicated. Commissioner Hooper moved to approve the City’s granting a Conservation Easement Deed to the Florida Department of Environmental Protection and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-20 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-20 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 #20 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #21 - Resolutions a) Res. #97-32 - Abatement Lien - 917 Tuskawilla Street, 21-29-15-58068-018-0020 (Jeffrey C. Benson) The City Attorney presented Resolution #97-32 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-32 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #22 - Other City Attorney Items - None. ITEM #23 - City Manager Verbal Reports Mr. Baier provided an update on beach renourishment plans for Sand Key, stating staff anticipates construction will be delayed until early November 1997. Federal money will be available for the project. State and County funds for the project have been escrowed. ITEM #24 - Other Commission Action Commissioner Clark requested direction regarding the Commission’s preference for the Drew Street/US 19N interchange. The original proposal with 12-foot lanes can be constructed in 1999. The second proposal costs $6-million less, has 11-foot lanes, and can be constructed in 2002. The Chamber of Commerce has recommended doing it, and doing it soon. Mr. Baier said nearby businesses will not notice much difference in the designs. Right-of-way acquisition will affect some business parking. He noted this intersection rates high for accidents. Pedestrian activity in the location continues. Consensus was to support the original plan with 12-foot lanes and earlier construction. Commissioner Clark questioned if Mr. Slavin is on track to provide requested information regarding the City Manager search process. The City Manager indicated the materials are due by May 2, 1997. Commissioner Hooper reminded the public of the Fun N’ Sun parade on Saturday, May 3, 1997. Mayor Garvey announced the Fun N’ Sun parade begins at 7:30 p.m. The parade will not be broadcast live but will be taped and aired later on C-View TV. Commissioner Seel questioned a letter regarding the consolidation of adult education classes at Countryside High School and Palm Harbor High School The City Manager stated Deputy City Manager Kathy Rice is working with the school system to find an alternative Countryside location for adult education classes that would be relocated. It was suggested churches and synagogues may wish to participate. Commissioner Seel distributed a draft of a FAST team response to Representative Bill McCollum regarding the prevention block grant program and requested Commissioners contact the City Clerk with comments. Mayor Garvey reminded the public of the Downtown Farmer’s Market on Saturday mornings. ITEM #25 - Adjournment The meeting adjourned at 7:55 p.m.