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05/20/1999CITY COMMISSION MEETING CITY OF CLEARWATER May 20, 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 Richard L. Hedrick Deputy City Manager Bob Keller 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 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 – None. ITEM #4 - Introductions and Awards – None. ITEM #5 - Presentations a) Career Options of Pinellas, Inc. - present first graduating class of EPA funded Brownfields Environmental Technician Training - Donald Rutledge Career Options of Pinellas, Inc. Program Coordinator Donald Rutledge reviewed the Environmental Technician Training Program. Ten weeks of training are followed by a 2-week internship. He introduced 7 of the pilot program’s 11 graduates and requested help with job placement opportunities. Mr. Rutledge said the U.S. Department of Labor has recognized Career Options’ summer youth program for its success at placing participants in private sector employment. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of May 6, 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 Roy Cadwell complained residents are charged for solid waste collection when they are out of town and that the City loses income when it razes unsafe housing. John and Susan Richards opposed zoning the Connolly property to allow an office building and recommended it be purchased for a park. John Doran thanked staff for hosting a government conference that attracted more than 800 participants from across the country to Clearwater beach. Anne Garris requested a decision be made regarding the direction redevelopment of Clearwater will take. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6406-99 & #6407-99 - Annexation & MDR Zoning for property located at 213 & 217 Elizabeth Ave., Sec. 17-29-16, M&B 13.20 (Thomas & Barbara Maas, A99-05)(PLD) The applicant has requested annexation and zoning of Medium Density Residential (MDR) for 213 & 217 Elizabeth Avenue to obtain water and sewer service. The Community Development Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Medium Density Residential (MDR) for M&B 13/20 in Section 17-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6406-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6406-99 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 #6407-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6407-99 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. #6408-99 & #6409-99 - Annexation & LMDR Zoning for property located at 2401 Nursery Rd., Sec. 19-29-16, M&B 43.05, 43.06 & 43.07 (Vincent & Carolyn S. Yancar, Jr., A99-06)(PLD) The applicant has requested annexation and zoning of Low Medium Density Residential (LMDR) for 2401 Nursery Road to obtain water and sewer service. The Community Development Board unanimously endorsed the request. In response to a question, Assistant Planning Director Cindy Harden said staff did not think the property required a Preservation designation, as the southern third of the property cannot be developed due to a man-made lake. According to the site plan, the property owner intends to build only one single-family residence. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for M&B 43/05, 43/06, & 43/07 in Section 19-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6408-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6408-99 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 #6409-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6409-99 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 & First Reading Ords. #6404-99 & #6405-99 - Land Use Plan Amendment to Preservation & "P" Zoning for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B 42.01 (Pinellas County Board of County Commissioners, LUP99-01, Z99-01)(PLD) The applicant has requested a zoning change to Preservation (P), and a Land Use Plan amendment to Preservation for 950 Old Coachman Road. A surface water management project to control flooding was constructed on the property in 1995. The request will recognize the current and planned use of the property. Commissioner Clark moved to approve a Zoning Atlas Amendment from Industrial, Research and Technology (IRT) to Preservation (P) and a Land Use Plan Amendment from Industrial Limited to Preservation for M&B 42/01 in Section 7-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6404-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6404-99 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 #6405-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6405-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #6379-99 - Relating to City’s Money Purchase Pension Plan; amending Sec. 2.492 of Code of Ordinances and amending Sec. 5.1 of Money Purchase Plan Document, to provide for mandatory contribution to the plan by the City Manager, City Attorney and Chief of Police The City Attorney presented Ordinance #6379-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6379-99 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 #12 - Ord. #6410-99 - Establishing a Land Assembly Program related with eminent domain One person spoke in opposition to the ordinance. The City Manager reviewed program requirements, noting the City Commission first must designate the redevelopment area and can exclude residential areas from consideration. The candidate must control 60% of the proposed project’s property before seeking assistance under this ordinance. The City Attorney presented Ordinance #6410-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6410-99 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. #6411-99 - Relating to Brownfields Advisory Board; amending Sec. 2.241 to revise membership requirements The City Attorney presented Ordinance #6411-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6411-99 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 #14-16) – Approved as submitted. ITEM #14 - Contract with Ernst & Young, LLP to provide arbitrage rebate calculation services, amount not to exceed $60,000 (FN) ITEM #15 - Contract for development of Cherry Harris Park to Macre Construction, Inc., for $489,430.64, including 10% allowed for contingencies, and approve subsequent change order deduct in the amount $72,827.95, and approve transfer of $169,681.20 from other capital improvement projects at mid year (PR) ITEM #16 - Approve budget increase, $144,966, to capital project Bridges/Docks/Seawalls, recognizing receipt of disaster relief from FEMA and FDCA for destruction of Magnolia Street Dock and Pavilion in the 03/13/93 “No Name” storm, appropriating funds to reimburse this project (PW) Commissioner Clark 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 #17 - Update regarding Beach Entryway (Roundabout) Project (CM) PBS&J (Post, Buckley, Schuh and Jernigan, Inc.) representative Ben Doan reviewed recent utility operations adjacent to some motels, which required nighttime work. In response to a concern that nighttime operations not occur after 11:00 p.m. and affect hotel guests, the City Manager said work was done after 11:00 p.m. due to an emergency. Mr. Doan reiterated work on the project is not intended to occur at night. The project is on schedule and has had few complaints. ITEM #18 - Receive Public Comment and provide direction re process for determining location of new Main Library Quality of Life Administrator Arlita Hallam reviewed criteria important to the location of a new main library. A 1993 study recommended constructing a 90,000-square foot library at a cost of $12-million. In 1996, 25 focus groups expanded on previous recommendations with requests for additional service areas, meeting rooms, an area for teenagers, a parking garage, and a reading courtyard. The resulting 112,000-square foot building included more than 10,000 square feet in meeting rooms. In May 1998, the City hired Harvard Jolly Clees Toppe architects and Robert A.M. Stern architects to design a library. Main library construction costs are estimated at $20.9-million for 90,000-square feet, $16.9-million for 73,000-square feet, $15.5-million for 67,000-square feet, and $12-million for 54,000-square feet. The current library is 50,000 square feet. Selected sites, including their estimated costs: 1) 2.4 acres at northwest corner of Court and Myrtle for $5.2-million; 2) 2.73 acres at northeast corner of Court and Myrtle for $5.5-million; 3) 1.4 acres at southwest corner of Cleveland and Myrtle for $4.9-million; 4) 4.7 acre Dimmitt site on Cleveland Street for $5.3-million; 5) 4.7 acre current site for $300,000; and 6) attaching library to Harborview Center for $19- to $26-million. Currently, $15.5-million is available if all identified funding sources can be used. If a schematic design is completed by August 1999, and a referendum approves construction below the bluff’s 28-foot line, the new library could be open in summer 2003. In his May 19, 1999, letter, Charles Siemon, of Siemon & Larsen, supported a location in the core downtown. He recommended the Commission pursue a catalytic redevelopment project in the area bounded by Ft. Harrison Avenue, Cleveland Street, Drew Street, and the bluff. He felt the City would be well advised to explore developer interest before committing to a site. He suggested the City solicit proposals based on a very broad set of opportunities including the Harborview Center and library. Twenty-two residents spoke, reviewing library needs, anticipated construction cost increases, the need for a signature building, and the anticipated increase is use. Concern was expressed the project not be delayed due to the RFQ (Request for Qualifications) process. Eleven supported the bluff location. Other support was expressed for alternative sites. It was felt constructing the library west of the Harborview Center would not restrict views. Support for the Dimmitt and bluff sites and opposition to the bluff site were stated. Concern was expressed the building’s design stand the test of time. It was suggested a RFQ would provide free input from world class developers who could leverage available funds. In response to a question, the City Manager said the City Commission could meet concerns by restricting criteria in the RFQ. It was felt a 6-month delay is not unreasonable. Concern was expressed the City cannot afford to construct the library it deserves with currently identified funds. In response to a question, Dr. Hallam said the library could be constructed west of the Harborview Center with a parking garage across Cleveland Street, which will dead end after construction of the new bridge. She expressed concern regarding library control over meeting space in the Harborview Center. In response to a question, the City Attorney said the site west of the Harborview Center has a deed restriction limiting development. Staff may be able to resolve that issue. The City Manager said a general outline of the RFQ could be presented within several weeks. Dr. Hallam stated no donors will commit money to the project until a site has been selected. Commissioner Clark moved to pursue a Downtown Developer RFQ to include construction of a library and for staff to resolve deed restrictions on the site west of the Harborview Center. The motion was duly seconded. Commissioners Clark, Hooper, Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. The Commission recessed from 8:54 to 9:10 p.m. ITEM #19 - Contract for Clearwater Beach Adam's Mark Seawall Repairs to M&J Construction Company of Pinellas County, Inc., $173,831.35 (PW) This contract will construct an 80-foot T-WALL retaining seawall and a 45-foot rubble-mount jetty. The structure will replace a failed system. The rubble-mount jetty ties together riprap adjacent to the Adam’s Mark property and jetty. Work will include the delivery of T-WALL precast units to the site. To install the wall in dry conditions, the Contractor shall use one-sided sheet piling with dewatering. The rubble-mound jetty extension into the Gulf will complete the gap and be shaped in accordance with permits. Beach backfilling and regrading will match the new seawall and existing beach areas. The project will be completed within 75 days. Commissioner Johnson moved to award a contract for Adam’s Mark seawall repairs to M&J Construction Company of Pinellas County, Inc. of Tarpon Springs, for the sum of $173,831.35 which is the lowest responsive bid received in accordance with the plans and specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #20 - Contract to purchase real property from Edwin L. Lee, 1012 Seminole St., Pine Crest Sub., part of Blk 6, $105,000 plus costs for environmental audits, termite inspection, survey, closing expenses & partial demolition est. at $6,500, for total not to exceed $111,500 from available Open Space and Recreation Land Impact Fees (PW) In 2001/02, construction of the North Greenwood branch library and a community recreation facility are planned for Ray Green Field, a 4.55 acre City ballfield at the North Greenwood/Palmetto intersection. Edwin Lee’s property abuts the ballfield on the south, providing direct access to the parcel from Seminole Street. The purchase would enlarge the parcel by 14,260 square feet and facilitate planned development. The property is being marketed for $139,000. On March 29, 1999, Richard Tobias, MAI of Valuation Services, Inc. appraised the site and estimated the current market value to be $94,500 based on “comparable sales,” and $105,000 based on the “replacement cost.” Mr. Lee has agreed to sell the property for the higher figure and pay his related closing expenses. The City will raze the smaller masonry building at a cost of approximately $2,000. The larger warehouse will provide interim storage and possible long term uses. In response to a question, the City Manager said although the project will work better if six additional parcels are purchased, it can be built without them. Staff has identified potential costs for the lots. The impact fees to be used to fund this purchase result from construction at the Sunshine Mall site. Commissioner Hooper moved to approve the contract to purchase real property from Edwin L. Lee, legally described as a portion of Block 6, Pine Crest Subdivision, commonly know as 1012 Seminole Street, for $105,000, plus costs for environmental audits, termite inspection, survey, closing expenses, and partial demolition estimated at $6,5000, for a total cost not to exceed $111,5000 from available Open Space and Recreation Land Impact Fees, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Neighborhood Initiative Presentation a) Endorse Neighborhood Program concept & approve implementing pilot project in District 2, and authorize expenditure of $30,560 of U.S. Dept. of Justice revenue Planning Director Ralph Stone stated built out urban communities, such as Clearwater, struggle to maintain their communities and tax base. A unified perspective can be developed through improved communication between staff and neighborhoods. Objectives include increased home ownership and property values, decreased crime and police calls for service, and reduced code violations. Existing programs include the Police and Fire departments, Public Works, Parks & Recreation, Libraries, etc. Neighborhood Services Manager Tom Mudano will coordinate efforts. The proposed program would establish 7 neighborhood districts based on geography. Teams will meet regularly to share information regarding what issues can be solved at the neighborhood level and identify priorities. A mini-grant program has been proposed. Mr. Stone suggested the City create a pilot team in District 2, which includes the Weed ‘N Seed project area. One resident spoke in support of the program, recommending a neighborhood board be established with representation from each district. In response to a question, Mr. Stone said staff will bring forward a plan in FY 2000/01 to expand the program in phases over 2 to 3 years. He suggested mini grants could be used to extend hours for neighborhood libraries or recreation centers. Neighborhood residents will make that decision. It was felt this program will benefit residents as it will bring together citizens and staff. Support was expressed, noting the program will foster community government. The City Manager said departments will work together with residents to solve neighborhood problems. Commissioner Hooper moved to endorse the Neighborhood Program concept and approve implementing a pilot project in District 2, and authorize expenditure of $30,560 of U.S. Department of Justice Revenue. The motion was duly seconded and carried unanimously. ITEM #22 - Other Pending Matters a) Reschedule 06/08/99 Budget Work Session The Budget Work Session was rescheduled to 9:00 a.m. to 12:00 noon on June 10, 1999, at City Hall. CITY ATTORNEY REPORTS ITEM #23 - City Attorney Items - None. ITEM #24 - City Manager Verbal Reports – None. ITEM #25 - Other Commission Action Commissioner Clark invited residents to attend Water Safety Day at Coachman Park on May 22, 1999. Commissioner Clark praised the quality of Pinellas County’s second annual Economic Summit. Commissioner Hooper complimented staff for dedication and hard work in hosting the Transforming Local Government Conference, which attracted significant national participation and positive feedback. Commissioner Hooper said construction at the Cleveland/Missouri intersection has begun for an Eckerds Drug Store. Commissioner Johnson thanked Bill Horne for the Y2K status report. Commissioner Johnson requested an update regarding ongoing code infractions at 1970 Rainbow Drive. Commissioner Johnson recommended action regarding the Clearwater Country Club lease. Commissioner Johnson indicated TBRPC (Tampa Bay Regional Planning Council) is preparing a report on disaster planning regarding weapons of mass destruction. Commissioner Johnson expressed concerns regarding liability issues related to the proposed synthetic ice rink at the Pier 60 pavilion. Operator to provide insurance. Commissioner Johnson thanked residents for significant participation at the May 18, 1999, Public Input meeting at Clearwater beach. Mayor Aungst reviewed the Memorial Weekend Concert schedule planned for Coachman Park. ITEM #26 - Adjournment The meeting adjourned at 9:55 p.m.