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08/19/1999CITY COMMISSION MEETING CITY OF CLEARWATER August 19, 1999 Present: Brian J. Aungst Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bob Keller Assistant City Manager Bill Horne Assistant City Manager Pamela K. Akin City Attorney 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 Rabbi Arthur Baseman of Temple B’Nai Israel. 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 a) Fire Team of the Quarter - April to June 1999 - A-Shift - Fire Station 45 ITEM #5 - Presentations a) Representative Leslie Waters - Legislative Report Representative Leslie Waters distributed a summary of legislative issues addressed this year. She will post staff regarding issues that impact the City. The Mayor presented her with an award for providing positive representation. b) Recognize Leadership Group Members of the Graduating 1998/99 Leadership Group were introduced. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of August 5, 1999, 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 Tom Sehlhorst wished to provide comment when the Community Development Code is reviewed. Robert Aude, Clearwater Housing Authority, presented a $30,092.82 check as payment in lieu of taxes. John Tassanari said the City should treat all citizens fairly and not discriminate against the poor. Anne Garris opposed private development on the bluff. Doug Pollard questioned access to the new bridge, opposed the roundabout, and said new beach nightclubs would attract adult tourists. Early Sorenson requested staff encourage adult businesses on Gulf-to-Bay Boulevard to relocate to Code designated areas. O'Neal Jacob opposed development on the bluff and beach. Fred Thomas recommended the East and SPJC (St. Petersburg Junior College) libraries merge to form the City's Main Library. John Doran spoke in support of the City Manager. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6429-99, #6430-99 & #6431-99 - Annexation, Land Use Plan Amendment to Residential Suburban & LDR Zoning for property located at 2892 Union St., Sec. 32-28-16, M&B 43.06 (Larry & Marcella Wing (A99-11)(PLD) The applicants have requested annexation and zoning of Residential Suburban for 2890 and 2892 Union Street to obtain water and sewer service. Upon annexation, the applicants plan to subdivide the property. The CDB (Community Development Board) unanimously endorsed the request. Larry Wing, applicant, stated he will develop a very nice subdivision. Commissioner Clark moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Suburban and Zoning Atlas Amendment to Low Density Residential (LDR) for M&B 43/06. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6429-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6429-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6430-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6430-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6431-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6431-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #6432-99, #6433-99 & #6434-99 - Annexation, Land Use Plan Amendment to Residential Urban & LMDR Zoning for property located at 2854 Saint John Dr., Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)(PLD) The applicants have requested annexation and zoning of Residential Urban for 2854 Saint John Drive to obtain water and sewer service. The CDB unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 13, Block C, Virginia Grove Terrace, 5th Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6432-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6432-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6433-99 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6433-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6434-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6434-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #10 - Public Hearing - proposed amendments to Clearwater Comprehensive Plan; approve sending to appropriate reviewing agencies (PLD) The City Commission adopted the Clearwater Comprehensive Plan in 1989 and adopted the EAR (Evaluation & Appraisal Report) with recommended changes in January 1998. Additional changes more accurately reflect current conditions. The CDB unanimously recommended approval of amendments and transmittal to the FDCA (Florida Department of Community Affairs). Following public hearings, staff will forward the plan to State and regional agencies for comment and recommendations. The City Commission will receive CDB recommendations regarding these comments prior to the final public hearing and adoption of the plan. An executive summary of proposed amendments is attached as Exhibit A. Commissioner Johnson moved to approve the proposed amendments to the Clearwater Comprehensive Plan, and transmit to the appropriate reviewing agencies. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing - Res. #99-38 - Relating to Community Revitalization; designating that portion of Clearwater Beach bounded by Mandalay on the East, the Mean High Water Line on the West, Baymont to the North and Papaya to the South, as a City of Clearwater Revitalization / Redevelopment Area (CA) According to Charles Siemon, of Siemon & Larsen, the central Clearwater beach area contains many poorly maintained properties near the end of their economic life. Small motels no longer can compete with destination resorts offering popular amenities. With the exception of the marina, the public realm is not attractive with narrow, uneven sidewalk often blocked by dumpsters. The central beach area is subdivided into small parcels, which are difficult to develop. Contemporary development requires on-site parking, outdoor café seating, arcades, etc. Currently, homes converted to commercial uses are sandwiched between larger structures. The area has little off-street parking. Developing small parcels is economically unfeasible and would not provide a return on investment. In central beach, a 2-acre redevelopment parcel would require approximately 8 parcels of land. The patchwork of ownership makes assembly practically impossible as "holdouts" can obstruct efforts. With no off-street loading facilities, deliveries are made over the curb from public rights-of-way. Many motels feature back-out parking. Compared with other Florida beachfront destinations, Clearwater beach has relatively weak economic conditions, which especially affect off-sand motels. Central beach commercial properties have significant vacancies and tenant turnover. Even Pelican Walk is experiencing declining rents and occupancy. The beach features few quality establishments. The Strategic Redevelopment Plan for Clearwater Beach identifies the 2 blocks west of North Mandalay between the Clearwater Beach and Hilton Hotels as priority redevelopment areas. North Mandalay, the traditional retail street on the beach, is jeopardized by declining rents and high vacancy rates, factors that risk private investments. Current development includes small motels and strip retail centers. Flood elevation requirements may justify rehabilitation along the west side of North Mandalay. Dry-sand access is a major factor of economic success. Of 22 parcels in the priority redevelopment areas, only 9 front the gulf. A public right-of-way separates most properties from the beach. Mr. Siemon suggested the north/south Gulfview right-of-way could be vacated if assembly of adjacent properties makes direct access to the right-of-way no longer required. Mr. Siemon reviewed the requirements of the City's land assembly ordinance. A private developer must control at least 60% of land for a proposed development in a designated area before community assistance can be sought to exercise eminent domain. He recommended the Commission designate the proposed central beach area for revitalization/redevelopment. Studies over the past 10 years have identified these parcels as needing assembly for contemporary development. He said redeveloping this area would meet community objectives related to beach and economic development. Fourteen residents spoke in opposition to the resolution. In response to a question, the City Attorney said legal precedent supports the proposed action. Concern was expressed the proposed taking of property will benefit a developer rather than a public purpose. Mr. Siemon said redevelopment is a public purpose and will benefit the community by eliminating non-conforming conditions. The objective is to revitalize the community, not enrich the developer. Eminent domain action requires just compensation. The developer must demonstrate a bone fide offer has been made. The City Attorney recommended the City have the property appraised independently so the Commission can determine if unaccepted purchase offers had been based on fair market value. Mr. Siemon said property values would not be affected by this Commission action. In response to a question, he said if owners are unwilling to sell their property, fair market value is based on just compensation as stated in the State's constitution. In response to a question, Mr. Siemon said the fair market value does not include the value of tenant businesses. Affected businesses remain the property of the business owners and can be relocated. Concern was expressed relocation costs for small business owners are not compensated. Mr. Siemon said leasehold agreements determine tenant benefits. In response to a question, the City Attorney said if the City Commission approves a development agreement and authorizes a condemnation taking, the initial quick take action would take up to 4 months. If subject property owners take the matter to court, final resolution will take a while. The reasons beach revitalization is necessary were reviewed. It was recommended staff provide relocation assistance to displaced business owners. Mr. Siemon said it is not unusual to provide relocation assistance to avoid litigation. The City's special counsel in the taking action will not be appointed until the City Commission directs staff to move forward. The City Commission will determine if offers are bone fide. Commissioner Johnson moved to deny approval of item #11. The motion was duly seconded. Concern was expressed that while revitalization is needed, this approach may be too draconian. Upon the vote being taken, Commissioners Johnson and Clark voted "Aye"; Commissioners Hooper and Hart and Mayor Aungst voted "Nay." Motion failed. Concern was expressed that if this is not approved, a promising redevelopment project will not be pursued. Commissioner Hooper moved to designate that portion of Clearwater beach bounded by Mandalay on the east, the mean high water line on the west, Baymont to the north, and Papaya to the south as a revitalization/redevelopment area. The motion was duly seconded. Commissioners Hooper and Hart and Mayor Aungst voted "Aye." Commissioners Johnson and Clark voted "Nay". Motion carried. The City Attorney presented Resolution #99-38 and read it by title only. Commissioner Hart moved to pass and adopt Resolution #99-38 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper, Hart and Aungst. "Nays": Johnson and Clark. Motion carried. The Commission recessed from 8:13 to 8:35 p.m. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6417-99 - Amendments to various sections of the Community Development Code The City Attorney presented Ordinance #6417-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6417-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #13 - Ord. #6437-99 - Relating to Public Beaches; amending Sec. 22.21 to amend definition of "Safe Bathing Limit" and to include definitions of "Public Beach" and "Sand Key Public Beach;" amending various other sections in Ch. 22 The City Attorney presented Ordinance #6437-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6437-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #14 - Ord. #6438-99 - Relating to fines for illegally parking in a parking space designated for persons who have disabilities; amending Sec. 30.061(7) to increase the penalty for violation of disabled permit only parking The City Attorney presented Ordinance #6438-99 for second reading and read it by title only. One citizen spoke requesting the fine be increased even greater. Commissioner Johnson moved to pass and adopt Ordinance #6438-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-25) – approved as submitted less #15 (first title) & #21. ITEM #15 - Approval of Purchases per 07/20/99 memorandum: Central Parking Systems - See page 9. Volt Sciences, Inc., extension, installation of gas mains & services at various locations throughout gas system, 09/30/99-12/31/99, funding was approved 09/17/98 (GAS) Pinellas County Solid Waste Management Department, solid waste disposal used by Parks and Recreation, 08/20/99-09/30/2000, estimated $26,000 (QOL) Jimmie's Wrecker Service, 2nd & Final extension, towing services, 11/01/99-10/31/2000, estimated $55,000 (GSS) Genuine Parts Company, first extension, motor vehicle equipment parts & services, 08/22/99-09/21/2000, estimated $850,000 (GSS) ITEM #16 - Interlocal Agreement with Pinellas County for joint management of an Economic Analysis for north central portion of City, commonly referred to as Hercules Industrial Area, $12,500 (ED) ITEM #17 - Approve recommendations of Technical Review Committee for allocation of Fiscal Year 1999-2000 City of Clearwater Social Services Grants Program funds in the amount $65,000; approve proposed funding contract form (HM) ITEM #18 - Authorize City Manager to renew one-year agreement with Pinellas County Sheriff's Department to provide latent fingerprint examination and related services, as well as crime scene services including evidence and property storage, 10/01/99-09/30/2000, for $373,712.30 (PD) ITEM #19 - Addendum to Agreement with School Board of Pinellas County, continuation of School Resource Officer program for 1999/2000 school year at Clearwater High School & Countryside High School (PD) ITEM #20 - Lease Agreement with RSGN, Inc., as Lessor, for premises located at 1217A N. Ft. Harrison Ave., (Old Clearwater Bay police substation) 10/01/99-09/30/2002, at annual rental of $7,260 (PD) ITEM #21 - See Pages 9 & 10. ITEM #22 - Work Order with McKim & Creed for engineering services re Disinfection Facility Design - Northeast APC Facility, $119,000 (PW) ITEM #23 - First Amendment to Harborview Center Management Agreement, extending term with Globe Facilities Services, Inc., for 10/01/99-09/30/2002 (CM) ITEM #24 - Authorize Settlement - Charles and Gloria Johnson v. City of Clearwater (CA) ITEM #25 - Confirm 09/09/99, 10:30 a.m. to 1:30 p.m., to begin review of Policies & Rules of Procedures Commissioner Clark moved to approve the Consent Agenda as submitted less Items #15 (first title) and #21, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Approval of Purchases per 07/20/99 memorandum: Central Parking Systems, extension, month to month parking system services at Clearwater Beach, ending 09/30/2000, estimated $325,000 (PW) A citizen spoke in opposition to the contract's extension and requested the service be bid. Public Works Administrator Rich Baier reviewed contract requirements. The extension adheres to each requirement. With construction planned for new beach parking garages, it was impractical to bid out the extension. Contract costs, which had remained flat for 3 years, were increased due to a change in the scope of services; closing times were extended from 10:00 p.m. to 1:00 - 1:30 a.m. In response to a question, Mr. Baier said staff is considering alternative ways to manage beach parking before next summer. Commissioner Hart moved to approve a month-to-month extension of parking system services on Clearwater beach to Central Parking Systems. The motion was duly seconded and carried unanimously. ITEM #21 - Contract for Gulf to Bay Blvd. median landscaping & irrigation (Old Coachman Rd. to Belcher Rd. & westward) to Morelli Landscaping, Inc., $110,087.18 with option to continue with Phase 2 of project for not to exceed $85,877.82, for total of $195,965 for both phases (PW) Project scope provides all labor, materials, equipment, supervision, MOT (maintenance of traffic), transportation, and services necessary to remove soil, 1-foot deep, from median planting areas, replace it with clean fill, and install landscaping and irrigation according to specifications, which include warranties. Phase 1, upgrading the 7 medians between Old Coachman and Belcher Roads are FDOT approved. Project costs are based on estimates. In response to a question, Mr. Baier said the pilot program to update Gulf-to-Bay Boulevard is complete except for the artwork and light installation. Landscaping in the median was delayed while FDOT (Florida Department of Transportation) considered extending a turn-lane. The 3 phases of median landscaping will extend from US 19N to Missouri Avenue via Court Street. The City Manager indicated the subject contract is funded by the recreation budget. In response to a question, Mr. Baier said except for a possible grant from Sam’s Club, staff has been unsuccessful in enlisting Gulf-to-Bay Boulevard businesses' support in maintaining the medians. Commissioner Johnson moved to award a contract for Gulf-to-Bay Boulevard Median Landscaping & Irrigation (Old Coachman Road to Belcher Road and westward) (98-0152-EN) to Morelli Landscaping, Inc., of Clearwater, for $110,087.18, which is the lowest responsible bid received in accordance with the plans and specifications, with an option to continue with Phase 2 of the project for the not to exceed sum of $85,877.82, for a cumulative total of $195,965 for both phases 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 #26 - Update regarding Beach Entryway (Roundabout) Project (CM) The project is on target for completion in mid-December. Transportation & Drainage Director Gary Johnson reviewed plans developed with business owners to remove sidewalks by the Marina after hours. Changes to traffic patterns have proved successful. One citizen recommended project changes. One citizen questioned if conduit was being installed underground in case it is found to be needed in the future. Staff responded this is being done. ITEM #27 - Amendment to Waiver Agreement with Charles and Ypapanti Alexiou, property owners at 7 Rockaway Street, and National Water Sports Inc., to add a tow ride which seats 5 people (MR) In October 1991, the City entered into a waiver agreement with Charles and Ypapanti Alexiou, owners of Frenchy’s Rockaway Grill, Inc., 7 Rockaway Street, and National Water Sports, Inc. The agreement allows a corridor for watercraft to traverse the restricted swimming area. The proposed amendment will only add a tow ride to existing activities. The ride seats five people and will be towed behind existing rental craft. Harbormaster Bill Morris said the waiver agreement and related Ordinance resulted from a legal settlement related to the property owner's riparian rights. The property owner is responsible for notifying swimmers when boats enter the corridor and waiting for swimmers to move out of the way. Commissioner Hart moved approve an amendment to the waiver agreement with Charles and Ypapanti Alexiou, property owners at 7 Rockaway Street, and National Water Sports, Inc., and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #28 - Approve selection committee's ranking of consultants (#1 - Parsons Engineering Science, #2 - Harvard Jolly Clees Toppe Architects, #3 - Tampa Bay Engineering, #4 - Camp, Dresser & McKee, #5 - Bitterli & Associates Architects, and #6 - McKim and Creed) for more detailed engineering and financial analyses for two beach parking garages; authorize staff to negotiate a scope of services and contract with top ranked firm (PW) On June 3, 1999, the City Commission approved the Pier 60 Lot Plus and Pelican Walk sites for parking garages and authorized staff to move forward with more detailed engineering and financial analyses. Of the City’s 7 engineers-of record and 5 architects-of-record solicited, the City received 6 letters of interest. The firms made presentations to a selection committee, which ranked them according to past experience in parking garages, creativity, financial expertise, architectural/structural expertise, and traffic operations expertise. In response to a question, the City Manager indicated after the consultant contract is finalized within 45 days, City Commission discussion of design issues can be scheduled. In response to a resident recommendation, the City Manager indicated a referendum might not be necessary. Opposition was expressed to constructing a parking garage at Pier 60. Commissioner Hart moved to approve the selection committee’s ranking of consultants for more detailed engineering and financial analyses for 2 beach parking garages, and authorize staff to negotiate a scope of services and contract with the top-ranked firm. The motion was duly seconded. Commissioners Johnson, Hooper, Hart, and Mayor Aungst voted "Aye"; Commissioner Clark voted "Nay." Motion carried. ITEM #29 - Amend project scope for Drew Street Widening project; approve transfer of $550,000 from S.R.60 Corridor Enhancement capital project to Drew Street Widening capital project (PW) Drew Street is a primary east-west corridor between US 19N and US Alternate 19. Between Highland Avenue and NE Coachman Road, the road has no center turn lane and narrow 9-foot wide lanes. The project will add a 14-foot center turn lane and widen travel lanes to 11-feet. As a joint project with FDOT, the City pays design costs and FDOT pays construction costs. Pinellas County has completed a similar project between NE Coachman Road and US 19N. To minimize creating non-conforming residential lots due to required right-of-way takings, it is proposed the project limits be reduced to between Saturn Avenue and NE Coachman Road. The change in the project’s scope results in a $292,966 Supplemental Design Work Order to include: 1) revision of all roadway, signalization, and signage and marking plans to reflect new project limits; 2) modification of drainage and utility designs and revision of drainage and utility plans; and 3) modification of a SWFWMD (Southwest Florida Water Management District) permit. A $286,140 Supplemental Design Order includes: 1) relocation and enhancement of the Corona Avenue school crossing as requested by Pinellas County Schools for improved safety; 2) revision of traffic signal orientation and addition of a pedestrian crossing at Drew Street and NE Coachman as requested by the City; 3) review of right-of-way taking “cure” plans for compatibility with design plans; 4) incorporation of “as-built” information from Highland Avenue and Drew Street east of NE Coachman construction projects; and 5) revision of utility relocation plans to separate gas from water and sewer as required by FDOT. A funding shortfall of $493,056 has been identified. It is necessary to transfer $550,000 to the Drew Street project. Due to FDOT permit constraints, portions of the SR 60 corridor beautification enhancements are no longer planned. With costs related to those enhancements exceeding $1-million, staff recommends $550,000 be transferred with no adverse impacts anticipated on the Gulf-to-Bay Boulevard project. The City Manager said public meetings are scheduled in September for the community abutting Drew Street between Duncan and Highland Avenues to discuss road construction plans. The widening project for the commercial section east of Duncan will move ahead. Should the project be curtailed west of Duncan, a substitute project could take years to fund or could never be considered. Concern was expressed drainage problems west of Duncan Avenue will not be repaired if this project is amended. As FDOT would save significant money if this project is amended, it was recommended the agency repair the subject drainage problems. Jack King, FDOT representative, said the Drew Street widening project is under funded by approximately $6-million. At this time, the department cannot offer alternative services, such as resurfacing. In response to a question, Mr. Baier said public meetings will gather neighborhood comments regarding issues such as sidewalks, lighting, and other factors. He indicated some property owners in the commercial area will not sell their rights-of-way willingly. Staff is working on cure plans. Mr. King said the drainage needs of the Keene Road extension must be identified before a pond location can be determined. One resident recommended a project change. Commissioner Clark moved to amend the project scope for the Drew Street Widening project and approve the transfer of $550,000 from the SR 60 Corridor Enhancement capital project to the Drew Street Widening capital project. The motion was duly seconded. Commissioners Johnson, Hooper, Clark, and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Motion carried. ITEM #30 - Fire Task Force Discussion ensued regarding the size, makeup, time limits, and goals of the task force. Commissioners will be contacted for nominations and recommendations and an agenda item will be developed. Item #30 was postponed to the next meeting. ITEM #31 - Amendment to Siemon, Larsen contract A RFDQ (Request for Developer Qualifications) has been drafted to solicit interest in development of the bluff area between Cleveland and Drew, Ft. Harrison and Clearwater Harbor, Cleveland and Pierce, and Osceola and Clearwater Harbor. By consensus, the City Commission directed staff to proceed. Staff recommends contracting Charles Siemon, of Siemon and Larsen, to lead negotiations with the selected developer, due to the firm’s experience, relationships, and expertise. The scope of work covers specific tasks from finalizing the RFDQ to recommending a ranking of development teams to the City Commission. The City may terminate the contract with 10 days written notice. Nine residents spoke in opposition of a RFDQ and bluff development. One resident spoke in support of the RFDQ. Commissioners expressed a desire to make the bayfront better. It was stated that downtown development needs a jump-start. It was felt the City must explore ways to rid the bluff of the unattractive concrete that covers much of it. Concern was expressed an advertisement in today’s newspaper was misleading and that 2 signatories had voted against extending the green space in Coachman Park. It was suggested a good public use could be identified. A concern was expressed that other major projects need to be completed. Commissioner Clark moved to approve a contract with Siemon and Larsen not to exceed $66,480 in conjunction with the Downtown Request for Developer qualifications and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Hooper, Clark, and Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. ITEM #32 - Pennington, Moore, Wilkinson, Bell and Dunbar, P.A., 3rd of 5 extensions, state lobbyist services, 10/01/99-09/30/2000, estimated $55,000 (CLK) In 1996, the City Commission chose the Pennington Law Firm to provide State lobbying services based on their response to a RFP (Request for Proposals). The contract provides 5 annual renewals at the City’s option. According to his August 17, 1999, memorandum, Peter Dunbar indicated two of the firm’s clients pose a potential for conflict: 1) Florida Outdoor Advertising Association and 2) Time Warner. Potential conflict in the 2000 session with Time Warner relates to the Commission considering a wide range of cable and telecommunications issues. No pending outdoor advertising issues have been identified that could cause a conflict. Should a conflict develop, the City will be notified immediately and the Commission will be asked to provide direction whether to retain someone else to represent the City in that matter. The City can retain someone else to represent if for that issue and deduct that cost from the fee to be paid Pennington. The City Attorney stated staff had not requested Commission direction last year regarding retaining outside counsel after the Pennington Firm had notified the City regarding a conflict of interest related to pending billboard legislation. Staff will provide alternative recommendations to the City Commission should future conflict occur. Mayor Aungst stated the City Attorney had opined that his employment with Time Warner did not constitute a conflict in this matter. Commissioner Johnson moved to extend the contract with Pennington, Moore, Wilkinson, Bell and Dunbar, P.A., Tallahassee, in the estimated amount of $55,000 for State lobbyist services, during the contract period October 1, 1999 through September 30,2000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #33 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #34 - City Attorney Items - None. ITEM #35 - City Manager Verbal Reports - None. ITEM #36 - Other Commission Action Commissioner Hart said issues before the Commission prompt difficult decisions regarding long term benefits for the City. Commissioner Johnson questioned if a response to Glen Johnson's letter was being prepared. Staff indicated it was. Commissioner Johnson requested information regarding the impact of the new State homestead exemption for seniors. Commissioner Hooper will provide updates regarding actions of the new US 19 Task Force considering intersections and median cuts. Commissioner Clark reflected on the accusations directed at the Commission tonight. Mayor Aungst complimented the City Manager's Office and Legal Department for improved communications. Mayor Aungst said it is necessary for staff to follow the chain of command. ITEM #37 - Adjournment The meeting adjourned at 10:24 p.m.