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12/10/1998CITY COMMISSION MEETING CITY OF CLEARWATER December 10, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Also Present: Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The Mayor called the meeting to order at 6:04 p.m. at City Hall. The invocation was offered by Reverend Tom Norton of Skycrest United Methodist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. ITEM #4 - Announcement of Upcoming Events The December schedule of activities was announced. ITEM #5 - Introductions and Awards a) FNGA (Florida National Gas Association) award was presented. Proclamation: Miniature Art Month, January 1999. ITEM #6 - Presentations a) Midland Companies art donation Two pieces of artwork were presented for display at City locations. b) Military Appreciation Day - Postponed c) 1998 Employee United Way Campaign Report Campaign results were reported. Certificates and coffee cups were presented in appreciation of the $82,113 pledges from City employees. ITEM #7 - Minutes Approval Commissioner Johnson moved to approve the minutes of the regular meeting of November 19, 1998, a corrected page of previously approved November 5, 1998, and the special meeting of December 7, 1998, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #8 - Citizens to be heard re items not on the Agenda Tom Sehlhorst questioned police procedures in recent traffic accidents involving the Mayor. Shirley Moran expressed appreciation for the holiday decorations and concerts at Pier 60. Roy Cadwell reiterated a complaint of being charged utility fees while out of town. Jack Alvord and Early Sorenson questioned past commission decisions in light of recent concerns regarding the Mayor. PUBLIC HEARINGS ITEM #9 - Variance(s) to Sign Regulations for property located (Easy Pick) at 2320 Sunset Point Rd., Sunset Point Estates, Blk B, Lot 18 & part of Lot 17(Marco Cheaib, SV98-21)(PLD) The applicant is requesting variances to allow an additional single-faced, freestanding sign on a convenience store property. A single, freestanding sign (billboard) exists on the property. When the property was purchased from Pinellas County in May, 1995, apparently the applicant was not informed the billboard was a non-conforming use. According to a County representative, the sign may have conformed to code at the time of sale. The applicant has desired to remove the billboard for some time, but was constrained by an agreement with the billboard company. The City has since settled litigation with the billboard company. The settlement includes a stipulation that all billboards are to be removed from the City within 18 months of October 13, 1998. An adjacent restaurant to the east blocks view of the applicant’s property from traffic traveling west on Sunset Point Road. The applicant has no practical ability to advertise his location. The requested sign will be within current Land Development Code standards. Mike Evans, attorney representing the applicant, related changes since the last time he represented this applicant before the Commission. Concerns were expressed with there being no guarantee the billboard would be removed if the second freestanding sign is approved. In response to questions, Mr. Evans said the applicant’s lease with the billboard company expires in July 2000, close to the end of the billboard company’s 18month compliance period. He said a second freestanding sign had existed when the property was purchased from Pinellas County. He related the history of his client taking possession of the property, doing renovations, and renewing the lease with the sign company without knowing of the non- conformity. Planning Director Ralph Stone said there is no requirement that attached signs be brought into compliance. It was not known whether the existing attached signs comply. Discussion ensued regarding the code enforcement process. While understanding the difficulties with signs involved in changes of ownership, it was felt the request should not be approved until the billboard is removed. Commissioner Seel moved to deny the applicant’s request for a second single-faced, freestanding sign for property located (Easy Pick) at 2320 Sunset Point Rd., Sunset Point Estates, Blk B, Lot 18 & part of Lot 17. The motion was duly seconded. Mr. Evans said the applicant was victimized by County government and the billboard company. He urged approval, as the City has a mechanism to ensure the billboard is removed, and the requested sign would have no impact except to the people across the street, who would not object because they are patrons of the applicant’s store. In response to questions, the City Attorney said removal of the billboard is one of the enforcement steps available to the City. Eighteen months is the outside date; enforcement could take place sooner. It was indicated there is no reason to believe the agreement will not be honored; however, it was suspected the process may not be smooth. Upon the vote being taken, the motion carried unanimously. Request denied. ITEM #10 - Public Hearing & First Reading Ord. #6359-99 - Vacating N 5’ of 10’ Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5’ (Erickson, V98-07)(PW) This property is addressed 2933 Sweetgum Way South. An existing pool enclosure encroaches into the easement. City review procedures currently prohibit this from occurring, because Planning and Development Services requires a recent survey. The new development code will require a survey per the Planning and Development Administrator. No City utilities exist within the easement. Major utilities do not object to the vacation request. Commissioner Hooper moved to vacate the north 5’ of a 10’ drainage and utility easement lying along the south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5’. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6359-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6359-99 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 #11 - Public Hearing & First Reading Ord. #6360-99 - Vacating 10’ Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08)(PW) This property is addressed 1843 Oak Forest Drive South. An existing above-ground pool and wood deck encroach into the easement. City review procedures currently prohibit this from occurring, because Planning and Development Services requires a recent survey. The new development code will require a survey per the Planning and Development Administrator. No City utilities exist within the easement. Major utilities do not object to the vacation request. Commissioner Hooper moved to vacate a 10’ utility easement lying along the south side of Lot 16, Forest Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6360-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6360-99 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 #12 - Public Hearing & First Reading Ord. #6361-99 - Vacating E ½ r-o-w of N. Prospect Ave., lying north of Laura Street and City’s request to vacate W ½ r-o-w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 20’ drainage & utility easement (Theta Homes, V98-09)(PW) Commissioner Clark moved to continue Item 12, V98-09, to January 21, 1999. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ords. #6354-99 & #6355-99 - Annexation & RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28)(PLD) The applicant is requesting annexation of an existing single-family residential property to obtain City sanitary sewer service. A sewer line is available in front of the property in Baywood Avenue right-of-way to provide the needed service. The applicants paid a $900 impact fee on October 13, 1998. Because the applicants’ Homestead and Disability exemptions exceed the property’s assessed value, yearly taxes amount to $0.00. The Planning and Zoning Board endorsed the request at their November 17 meeting. Commissioner Johnson moved to annex and approve RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6354-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6354-99 on first reading. 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 Ordinance 6355-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6355-99 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 #14 - (Cont. from 11/19/98) Public Hearing & First Reading Ord. #6348-99 - regarding new Community Development Code (PLD) The City’s consultant, Siemon, Larsen & Marsh, has completed the official draft of the new development code to replace the existing land development code. The new code has been reviewed by many citizen groups, neighborhood and professional organizations, local engineering, architectural, contractor/builder, and realtor associations. Comments and suggestions have been incorporated into the proposed official draft. The new code has been developed to provide land development regulations that address community needs into the next century, and provide direction for redevelopment and new development. The new code streamlines the development process and provides predictability and flexibility in a manner that creates adequate safeguards for surrounding properties and neighborhoods. At the November 19, 1998 City Commission meeting, the consultants presented the draft code and received policy direction from the Commission. This policy direction, and addenda previously received by the Commission, were incorporated into an updated code. Major changes included: deleting the provision for accessory units (granny flats); lowering the height of fences and walls in the single family areas to 36 inches rather than 6 feet; creating the opportunity for adjacent property owners to appeal staff decisions on “flexible standard” development projects; and providing specific guidelines for the use of the Neighborhood Conservation Overlay District. Consultants and staff continue to meet with individuals and neighborhood groups that have questions, concerns, and recommendations regarding the new code. The above updates were presented for additional exposure at the December 1, 1998 Planning and Zoning Board meeting. Proposed Official Draft #2 dated November 30, 1998, and an Executive Summary were made available to the City Commission. A December 10 addendum to Proposed Official Draft #2 corrected scrivener’s errors, reflected changes directed by the Commission, and brought forward concerns expressed by the public during the Coalition of Neighborhood Association meeting held the evening of December 7 1998. Consultant Charles Siemon discussed substantive changes and responded to questions regarding Addenda to Proposed Official Draft #2 dated November 30, 1998. Commission direction was clarified that Section 5202(B) should require 4 members of the Community Development Board to be qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law, and real estate. In response to a question regarding Section 3-904 concerning sight visibility at intersections, it was indicated properties not in compliance at the time the code is adopted would be considered legal non-conforming and would be required to comply if any changes were made. Mr. Siemon stated in response to questions, the “sidewalk vendor” category is being added to the Tourist District (T) on page 2-1. He verified the City may not initiate an overlay district; creation of such district must be initiated by 60% of the neighborhood. Five persons spoke regarding the code. One expressed concerns and raised numerous questions regarding treatment of non-conforming property; one urged locations for entertainment and neighborhood commercial uses such a medical centers in the Tourist district; one urged adopting the code immediately; and two requested more time be taken for careful consideration. Commissioners expressed appreciation for the help and participation by homeowners, staff, and consultants. The importance was stressed of proper development to preserve neighborhoods and setting minimum property standards. Commissioner Johnson moved to approve the November 30, 1998 Community Development Code Proposed Official Draft #2 with December 10, 1998 addendum, plus tonight’s changes. The motion was duly seconded. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance 6348-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6348-99 on first reading, with Draft #2 dated November 30, 1998, December 10, 1998 addendum, and tonight’s changes. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel, and Garvey. "Nays": None. ITEM #15 - (Cont. from 11/5 & 11/19/98) Public Hearing - Declare surplus to city needs, 600 Franklin St., Gould & Ewing’s 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for purpose of selling; approve contract with Pinellas County Housing Authority for sale thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of $74,240 (ED) - OFFER WITHDRAWN In response to questions, it was indicated the entire item, including declaration of surplus, is withdrawn due to withdrawal of the offer. No action is needed. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #6350-98 - Relating to Beautification Committee, amending Sec. 2.102 to reduce number of members from nine to seven The City Attorney presented Ordinance 6350-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6350-98 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 #17 - Ord. #6351-98 - Relating to purchasing; amending Secs. 2.547, 2.564 & 2.624, and deleting Secs. 2.602-2.608 The City Attorney presented Ordinance 6351-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6351-98 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 #18-34) – Approved as submitted. ITEM #18 - Approval of Purchases per 11/19/98 memorandum: Spartan Oil Company, fuel for resale, 1/1/99-12/31/99, est. $1,000,000 (QOL) Tampa Mack Sales and Service, one 1999 Mack RD690S chassis with Galbreath roll-off hoist to be used throughout City by Solid Waste, $94,650; funding to be provided under City’s Master Lease-Purchase Agreement (SW) Reliastar, Inc., employee group term life insurance for SAMP personnel, 1/1/99-12/31/99, est. $50,000 (HR) Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for use throughout City by Police Department, $563,195.02; funding to be provided under City’s Master Lease-Purchase Agreement (GSS) Dell Marketing L.P., computer hardware to be used by engineering draftsman for autocad functions, $39,896; funding to be provided under City’s Master Lease Purchase Agreement (GSS) Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department, $21,618; funding to be provided under City’s Master Lease-Purchase Agreement (FD) Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use throughout City by Fire Department personnel, $19,036; funding to be provided under City’s Master Lease-Purchase Agreement (FD) General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks for use throughout City by Fire Department, $653,576; funding to be provided under City’s Master Lease-Purchase Agreement (FD) Brad Ragan Inc., 1st of 2 extensions, new tires for use by all departments, 1/1/99-12/31/99, est. $175,000 (GSS) American Welding Company, fabrication & installation of new packing housing for east pit located at Solid Waste, $74,004 (SW) Dravo Lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-1/31/2002, est. $1,000,000 (PW) Stertil-Koni USA, three Stertil-Koni ST 1072 Main Post and three Steril-Koni ST 1072 Secondary Post mobile lift systems for use throughout City by Fire Department to lift City’s aerial fire trucks, $35,000 (FD) ITEM #19 - Contract for demolition of Clearwater Civic Center (40 Causeway Blvd.) and Beach Diner (56 Causeway Blvd.) to Sonny Glasbrenner, Inc., $58,190; authorize a loan from Consolidated Cash Pool to fund cost of project until such time as bonds are issued (PW) (note: Clearwater Civic Center was also known as Memorial Civic Center) ITEM #20 - Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal year 1998-99 (ED) ITEM #21 - (Cont. at 11/19/98) Approve continued participation in joint venture to study providing Emergency Medical Services (EMS) transportation services throughout Pinellas County, cost not to exceed $38,000 (FD) ITEM #22 - Purchase three Spartan chassis equipped fire engines from General Safety Equipment for $980,364; funding to be provided under City’s Master Lease-Purchase Agreement (FD) ITEM #23 - Authorize settlement of Workers’ Compensation Claim of Dorothy Boaz (FN) ITEM #24 - Approve acceptance of one-year grant for fiscal year 1998-99 for Clearwater Police Geographic Information System III from Florida Department of Community Affairs / Drug Control and System Improvement Formula Grant Program, in the amount $95,056 (PD) ITEM #25 - Police Department Computer System - Approve assignment of City’s existing contract with PSI International, Inc., for provision of computer systems & integration services to Logistic Systems, Inc., to include final payment to PSI of $817,070 for systems delivered to date and an encumbrance of $791,954 for project completion to Logisys; Approve immediate subsequent assignment of the message switch portion of that contract from Logistic Systems, Inc. To Public Safety Technologies, Inc., at total remaining cost not to exceed $70,000; Approve purchase of updated hardware from Logisys to upgrade Computer Aided Dispatch system for $85,210; Approve cancellation of hardware maintenance agreement with PSI; and Approve an expenditure not to exceed $16,000 to Tew, Zinober, Barnes, Zimmet and Unice for outside counsel legal services related to this contract assignment (PD) ITEM #26 - Approve Agreement with Florida Dept. of Business & Professional Regulation - Division of Alcoholic Beverages & Tobacco (DABT) to provide additional police overtime for implementation of School Proximity Tobacco Enforcement Program over 6-month period, beginning sometime in January 1999 in exchange for up to $27,646.10 in state funding (PD) ITEM #27 - Approve Agreement with Career Options of Pinellas, Inc. to design, implement & administer a Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and Seed grant program, in an amount not to exceed $50,000 (PD) ITEM #28 - Approve Letter of Understanding with FDOT for construction & maintenance of two stormwater ponds to serve SR590 (Drew Street) widening, from Highland Ave. to NE Coachman Rd. (PW) ITEM #29 - Approve Final Reclaimed Water Master Plan Update completed by McKim & Creed Engineers, P.A.; authorize staff to submit approved plan to SWFWMD (PW) ITEM #30 - Approve Agreement with FDOT authorizing subordination of 100 square feet of an existing drainage & utility easement along north side of Drew Street, just east of US19 (PW) ITEM #31 - Approve Conceptual Approval Agreement with Florida Communities Trust (P2000 Program) for shared cost of acquiring property along Stevenson Creek for establishment of a preserve area (Wolfe Preserve) as part of improvements & clean up of Stevenson Creek Estuary and for benefit of North Greenwood & Clearwater residents (PW) ITEM #32 - Contract for Hillcrest Storm Pipe Replacement to Suncoast Excavating & Utilities, Inc., for $23,545.50 (PW) ITEM #33 - Contract for Madison Avenue/Gould Street Roadway Improvements to Suncoast Development of Pinellas County, Inc., for $265,871.43; and Contract to PBS&J Construction Services, Inc., to provide construction engineering & inspection services for $67,149.54, for total project sum $333,020.97 (PW) ITEM #34 - Utility Easement for construction & maintenance of Lift Station #7 on hospital grounds at 323 Jeffords Street, Sec. 21-29-15, Government Lot 1 (Morton Plant Hospital Association, Inc.)(CA) Commissioner Hooper moved to approve the consent agenda, as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - First Reading Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1)(MR) The City has received a request to extend the wake zone in Mandalay Channel north of the Memorial Causeway by approximately 600 yards, to a point marked by Mandalay Channel Daybeacon #1. By extending the wake zone in the area, staff feels that vessels moored along the west side of Island Estates will be protected from wakes by passing vessels. Approval of this request would locate the wake zone approximately 1,500 yards north of Memorial Causeway. The new location of the wake zone was endorsed by the Marine Advisory Board. Currently the State of Florida has wake zone permit number 90-026. The Florida Marine Patrol has advised the City that the extension of the wake zone will be approved. After the ordinance is passed, the state will send an amendment to the City permit. The US Coast Guard has no objection to the extension of the wake zone and placement of the wake zone signs on Mandalay Channel Daybeacon #1. All other existing City wake zones remain unchanged. Harbormaster Bill Morris stated the City has authority to issue requests for wake zones. He displayed a map showing the requested wake zone area and discussed impacts on the adjacent waterfront properties. In response to a question, he said adding an unlit piling to the west side of Island Estates was not advisable as it would be considered an unsafe structure. Commissioner Clark moved to extend the wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6353-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6353-99 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 #36 - Res. #98-61 - supporting County Ordinance to create an Idle Speed Zone for portion of water adjacent to the Courtney Campbell Beach Causeway (PD) The waters adjacent to the Courtney Campbell Beach causeway have become a frequently used area for motorized watercraft. The operation of motorized watercraft in proximity to the public beach creates a danger to the public’s safety. The creation of an Idle Speed Zone will ensure the safety of bathers while allowing the operators of motorized watercraft ingress and egress from the shore. The Pinellas County Board of County Commissioners has scheduled for first reading on December 15, 1998, and ordinance to establish an Idle Speed Zone. The Clearwater Police Department supports Pinellas County in the adoption of an ordinance establishing certain Idle Speed Zones for motorized watercraft on the water adjacent to the Courtney Campbell Beach Causeway. Commissioner Clark moved to support the County Ordinance to create an Idle Speed Zone for the portion of water adjacent to the Courtney Campbell Beach Causeway. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-61 and read it by title only. Commissioner Johnson moved to adopt Resolution 98-61 and authorize the appropriate officers 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 #37 - Res. #98-56 - authorizing subordination of 100 square feet of an existing drainage & utility easement along north side of Drew Street, just east of US19 (PW) The Florida Department of Transportation (FDOT) has requested a subordination of utility interest from the City of 100 square feet of an existing utility and drainage easement along Drew Street (SR 590), just east of US 19 (SR 55). The FDOT requests that the City adopt a resolution to initiate the agreement process. The 100 square feet will be used for the truss support of an overhead sign. The City has no facilities within this 100 square feet. The parcel of interest will be used to facilitate transportation improvements at the Drew Street/US 19 interchange, and is in the best interest of the City. The agreement will set forth the terms and conditions under which the City and FDOT will abide, commencing on the date the agreement is signed by both parties. The City will have the right to use this land for its facilities providing they are in accordance with FDOT’s current minimum standards as outlined in the Utility Accommodation Manual. Johnson moved to authorize subordination of 100 square feet of an existing drainage & utility easement along north side of Drew Street, just east of US19. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-56 and read it by title only. Commissioner Hooper moved to adopt Resolution 98-56 and authorize the appropriate officers 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 #38 - Approve purchase of real property known as Dimmitt Property to be used for Town Pond Regional Retention Project, for $1,265,094 (ED) In connection with the planning for the Downtown Pond, staff has determined that parcels C, D, and E of the “Dimmitt Property” should be acquired. The purchase price is $1,265,094, a negotiated agreement taking into account both the appraised value and the owner’s listing price, and equal to $7.75 per square foot. Funding is to be provided from the bond proceeds as anticipated in the results of the Utility Rate Study for the Stormwater Utility. Any financial resources required to be used prior to the issuance of the bonds will be provided by a loan from the consolidated cash pool and reimbursed at the time of bond issuance. The contract provides for a longer than usual due diligence period (90 days) during which the City will have performed phase I and II environmental assessments of the property. Should environmental contamination be found, staff anticipates reopening negotiations with the seller. The contract grants to the City an option to purchase parcels A and B of the Dimmitt property (fronting on Cleveland Street.) The first option period has no cost to the City and runs for 180 days from date of executed contract for purchase of real property. The second option period would cost the City $50,000 for an additional six months. The payment would be pro-rated should the City choose to exercise the option during the latter period. Staff believes that having the option would permit the City to market the property as a redevelopment project in conjunction with the Brownfields, Enterprise Zone and CRA incentive package. The option can be assigned to the CRA. This property represents the second of four parcels which must be acquired for the expansion and improvement of the Pierce Street pond (Town Pond Project.) It was indicated in response to questions, parcels C, D, and E total about 8.5 acres; more than 4.5 acres of which would be used for the pond. Commissioner Clark moved to approve purchase of real property known as Dimmitt Property: Parcel C (2915-15-88974-000-0090-01 Legal: Tack & Warren Lots 9, 10 and 11 & ½ vac alley S of Lot 9); Parcel D (2915-15-54450-003-010-01 Legal: Magnolia Park Blk 3, Lots 1 thru 4 and 2915-15-16830-001-010-01 Legal: Coachman Heights Rev Blk A, Pt lots 1 thru 4 & 16 thru 19 & ½ vac alley); and Parcel E (2915-15-16830-002-010-01 Legal: Coachman Heights Rev Blk B, Lots 1 & 2 less Rd & all of Lots 3, 4, 18, & 19 & ½ vac alley N of Lot 1) to be used for Town Pond Regional Retention Project, for $1,265,094. The motion was duly seconded and carried unanimously. ITEM #39 - Approve Work Order to Camp, Dresser & McKee, Inc. to provide design services for Town Pond Project, for $554,279; authorize loan from Consolidated Cash Pool to fund cost of this project until such time as bonds are issued (PW) The Town Pond project proposes to expand the existing Pierce Street Pond stormwater facility, between Prospect Avenue and Ewing Street, north to Park Street. The Town Pond project will: 1) increase storage capacity and stormwater system level of service in the downtown area; 2) resolve numerous flooding and aesthetic problems associated with the existing pond; 3) create a regional stormwater retention and treatment facility for downtown redevelopment; 4) establish a stormwater district which will stimulate economic redevelopment by reducing obstacles and start-up costs to prospective businesses.; 5) improve aesthetics and create a park feature in downtown business area south of Cleveland Street; and 6) facilitate a public-private partnership in financing infrastructure improvements through the creation of a stormwater district which accepts payments “in lieu of” for provision of stormwater services. The project includes expansion of the existing pond facility, installation of water treatment features (circulation pumps, plantings, sediment removal structures, etc.), creation of fringe park area with landscaping and pedestrian features around pond, creation of stormwater service district, and aesthetic tie-in with downtown and bluff themes. Concerns were expressed with approving a work order for design services before environmental assessments are done. Public Works Administrator Rich Baier said the only way the pond can expand is to the north. It is known some remediation must be done to make the property marketable, but work on Phase I has raised no serious concerns. The clients are working with Southwest Florida Water Management District. It was stressed, finishing the project as soon as possible is important to economic development. Discussion ensued regarding time frames for design and implementation of Phase 2. Mr. Baier noted the City has the ability to terminate the contract at will. Discussion ensued regarding the limited options available. Concern was reiterated design should wait until contamination levels are determined. Commissioner Seel moved to continue Item #39 pending site contamination assessment. There was no second. Mr. Baier responded to questions and discussion ensued regarding funds budgeted for remediation and site data needed from Phase 2. Commissioner Hooper moved to approve Work Order to Camp, Dresser & McKee, Inc. to provide design services for Town Pond Project, contingent upon successful completion of Phase 2 environmental testing; proceeding through geotechnical evaluations. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey voted “Aye”; Commissioners Clark and Seel voted “Nay.” Motion carried. The meeting recessed from 8:20 to 8:38 p.m. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #41 - Res. #98-60 - Demolition Lien - 1500 N. Greenwood Ave., Norwood 1st Add., Blk B, south ½ of Lot 8 (Esther C. Hunt) The City Attorney presented Resolution 98-60 and read it by title only. Commissioner Seel moved to adopt Resolution 98-60 and authorize the appropriate officers 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 #42 - Res. #98-62 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution 98-62 and read it by title only. Commissioner Hooper moved to adopt Resolution 98-62 and authorize the appropriate officers 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 #43 - First Reading Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter The City Attorney presented Ordinance 6371-99 for first reading and read it by title only. Commissioner Johnson moved to pass the amended version of Ordinance 6371-99 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 #44 - First Reading Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law The City Attorney presented Ordinance 6372-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6372-99 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 #45 - First Reading Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01(d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non-substantive changes It was indicated a comma is missing after the word, “donated” in the 4th line of Section 2.01(d)(4)(v) on page 3 of the ordinance. In response to a question, City Attorney Pam Akin said this section has no effect on the provision regarding sale of City property to charitable or religious organizations. The City Attorney presented Ordinance 6373-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 637399 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 #46 - First Reading Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non-substantive changes One concern was expressed the voters approved two terms, not two terms and a partial. While supporting the Charter Review Committee’s recommendation, it had been hoped they would recommend language resembling that in the US Constitution regarding this issue. The City Attorney presented Ordinance 6374-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6374-99 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. ITEM #47 - First Reading Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates The City Attorney presented Ordinance 6375-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6375-99 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 #48 - First Reading Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum In response to a question, City Attorney Akin said State law requires charter changes to be submitted to referendum and adopted by ordinance. The law removes authority from the Commission to change a ballot question. Some expressed concern with including Commissioners on the Charter Review Committee; and were comfortable placing their trust in an all-citizen committee. Others were comfortable having two Commissioners on the committee. The City Attorney presented Ordinance 6376-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 637699 on first reading. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Hooper, Seel, and Garvey. "Nays": Johnson and Clark. Motion carried. ITEM #49 - First Reading Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars The City Attorney presented Ordinance 6377-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6377-99 on first reading. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Clark, Hooper, and Garvey. "Nays": Johnson and Seel. Motion Carried. ITEM #50 - Other City Attorney Items - None ITEM #51 - City Manager Verbal Reports Tuscany Apartments Development Project—Authorize a 3%, 20-year loan with a two-year deferment to CED Construction Companies to develop a 240 Elderly Housing apartment Complex On March 5, 1998, the City Commission authorized local contributions of $914,490 to support the development of Tuscany Apartments by CED Construction Company under the Low Income Housing Tax Credit Program. CED Construction Company was not successful in their application for funding under the Low Income Housing Tax Credit Program. The unsuccessful tax credit application voided the City’s commitment of $914,490 support to the development of Tuscany Apartments. CED applied for and was awarded $9,500,000 in tax exempt bonds through the Multi-family Rental Housing Bond Program to develop Tuscany apartments. The total project cost is $16,471,327. CED is applying for $1,221,087 through the State of Florida State Housing Incentive Program. The State Housing Incentive Program requires a $1,000,000 local commitment for applicants. On December 10, 1998, CED Construction Companies requested that the City reaffirm its loan to Tuscany Apartments in the amount of $250,000. The terms of the original loan were a 1% interest only loan for 239 payments and a balloon on the 240th payment. This loan is a 3%, 20-year loan with a two-year deferment. To complete the $1,000,000 requirement, CED has a commitment of $276,625 from Pinellas County. The terms of this loan are also a 3%, 20-year loan with a two-year deferment. CED will use $700,000 from tax credits associated with bond financing proceeds as the final commitment. CED’s application through the State’s SAIL (State Apartment Incentive Loan) Program will not be successful without the City’s subsidy. A letter of commitment from the local government is necessary. This commitment could be contingent upon CED Construction Company meeting all required underwriting criteria established by the City. CED will make a formal application with the City within 90 days. CED Construction will provide $5,223,615 in owner equity to develop Tuscany Apartments. CED Construction Company has stated that the balance of the local contributions the City authorized for the low income housing tax credit project is still needed. CED will make a formal request for those funds in January 1999. Approval of this 3%, 20-year loan with a two-year deferment does not commit the City to approving any other concessions associated with this project. Commissioner Clark moved to agenda this emergency item for discussion. The motion was duly seconded and carried unanimously. Deputy City Manager Rick Hedrick stated this item, part of the Sunshine Mall redevelopment project, is more favorable to the City than the loan program the Commission approved in March. He requested approval contingent on CED getting appropriation approval through the State’s SAIL Program and providing adequate documentation to the City. Approval of this item would not commit the City to further concessions. Ed Armstrong, attorney representing the applicant, and Scott Culp, Director of Development with CED, responded to questions, stating if the SAIL is not approved, other tax-exempt funding sources must be found. Commissioner Johnson moved to authorize a 3%, 20-year loan with a two-year deferment to CED Construction Companies to develop a 240 Elderly Housing apartment Complex. In response to questions, Housing Manager Mike Holmes said the 3%, 20-year loan will not cost the City; the City would get a 3% return. He said the $250,000 requested by CED is in this year’s budget through the HOME program. Discussion ensued regarding the SAIL application process and impacts on the City’s revenue stream if this item is approved. It was indicated the $914,490 was not an expenditure, but a waiver of fees. In response to a question regarding CED providing $5,223,615 in owner equity, discussion ensued regarding the Sources and Uses Statement with regard to cash equity. Mr. Holmes indicated a mortgage would be prepared, with the City as third party with Pinellas County. It was indicated this item is coming to the next meeting with a request for more money to total $914,490. In response to a question regarding anticipated tax revenue on the $16,471,327 project, Mr. Culp said he will bring an updated positive economic impact analysis to the next meeting. Rental on the apartment units will be about $500 per month. Mr. Culp discussed reasons CED was not successful in their application for funding under the Low Income Housing Tax Credit Program, stating timeliness was not a factor. Discussion ensued regarding the point scoring criteria associated with the package. The motion was duly seconded and carried unanimously. ITEM #52 - Commission Discussion Items a)(Cont. from 11/19/98) Taking position re Pinellas County Charter Revisions re increasing County Commission membership & future revisions not going to State Legislature Commissioner Clark moved to support Issue #1 increasing the Pinellas County Commission from 5 to 7 members, with all members running County-wide. The motion was duly seconded and carried unanimously. Commissioner Seel moved to support Issue #2 regarding Charter Review Commission composition. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to support Issue #3 regarding #3 Charter Initiative Petitions. The motion was duly seconded and carried unanimously. Discussion ensued regarding pros and cons of Issue #4, future Charter amendments not going to the State Legislature. Concerns were expressed too much authority would be ceded to County voters. It was indicated no sponsor has come forward to take this change to the legislature. Commissioner Clark moved to support Issue #4, future Charter amendments not going to the State Legislature. There was no second. Commissioner Hooper moved to oppose Issue #4, future Charter amendments not going to the State Legislature. The motion was duly seconded. Commissioners Johnson, Hooper, Seel and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. ITEM #53 - Other Commission Action Commissioner Seel commended Bob Keller and Diane Hufford for a booklet re and the success of 44 business growth visits. She praised Ken Sides’ Gateway to the Beach presentation to the MPO committee and will leave it in the Commission’s read file. She provided an MPO update, stating: the 20/20 work plan was approved; T-2100 funds for Pinellas were increased $180 million for the next 5 years; a no-fee transportation zone was approved for the City of St. Petersburg and she hopes Clearwater will look into doing the same. She noted a letter from DOT reporting a $1.9 billion increase in resources for improving traffic flow in the I-4 corridor. Commissioner Johnson wished Merry Christmas and Happy New Year to Commissioners, staff, employees, and citizens. Commissioner Hooper echoed holiday greetings and invited the public to attend the holiday parade and boat show tomorrow night. He questioned the status of the City’s evaluation re the Phillies. The City Manager said an RFP is out for a series of evaluations; more information will be brought to the January meeting. Commissioner Clark wished everyone Happy Hannukah and Merry Christmas. He echoed Seel’s congratulations to Keller and Hufford, adding he hopes 50 sites can be visited next year. He thanked Commissioners for authorizing him to represent the City on the Gulf fisheries issue; he will draft a formal letter for the Commission’s signature regarding closing gag grouper season for 4 months. He referred to a draft resolution concerning Tyrone Square Mall, and requested it be on the next meeting’s agenda. He complimented Garvey on her graciousness during citizen’s comments tonight. Mayor Garvey encouraged the public to participate in downtown events during the next 2 weeks and wished everyone Happy Holidays. ITEM #54 - Adjournment The meeting adjourned at 9:28 p.m.