City Commission Meeting Summary - August 20, 2008
The City Commission met in regular session and took the following action:
Item 1 - Recognized Parks and Recreation Life Guards Jeremy Whitt, Morgan Higman, Kory Tilbury, J. R. Ervin, Conrad Hansen, Liz Warwick, Tra Hunter, Bailey Reinhardt for their quick thinking and utilizing their life saving skills in three major life saving events, and lifeguards Diane Grant and Ashira Morris for assuming full responsibility of all pool activities while this occurred; also, gave special thanks to the American Red Cross and the American Heart Association for their role in providing training and equipment to the City of Tallahassee to make its employees "Heart Ready" (brought forward by Mayor Marks)
Mr. Bob O'Kelley also appeared before the Commission and thanked the lifeguards for saving his life.
Item 2 - Presented a proclamation to the family of Tallahassee native Master Sergeant Shawn E. Simmons, killed in combat in Afghanistan, recognizing his ultimate sacrifice to his country, noting his many awards and decorations for his service, and the posthumous award of the Bronze Star Medal (brought forward by Mayor Marks)
Ms. Alberta Simmons, the mother of Master Sergeant Shawn E. Simmons, appeared before the Commission and accepted this proclamation.
Item 3 - Mr. Kelley Phillips, of the Experimental Aircraft Association, EAA Chapter 445, based in Tallahassee, presented a Plaque of Appreciation in recognition of and in appreciation for the City of Tallahassee's 80-year commitment to air travel from 1928 to 2008. He thanked the City for its support of the 2008 AirFest Show and presented the City with a Limited Edition #5 print of a painting by artist Bill Hokum, of Perry, Florida, of a P-51 Mustang fighter airplane of World War II, one of the military aircraft on which pilots were trained at the Tallahassee Dale Mabry Air Field during the period 1941 to 1945. Mr. Phillips thanked the sponsors and supporters of the AirFest Show and the Airport.
Mr. Kenneth Austin, Director of Aviation, joined Mayor Marks in accepting this plaque and print.
Item 4 - Presented a proclamation to Ms. Sandra Kay Collins, Principal of R. Frank Nims Middle School, in recognition of the school's outstanding accomplishments during her first year of leadership, bringing the school from a ranking of F to a C; also presented Ms. Collins with token gifts of appreciation in celebration of her advocacy for children
Additionally, Commissioner Gillum recognized the attendance of other School Board members and thanked everyone who had helped make the 2007-08 Digital Harmony pilot program a success, an initiative to provide desktop computers complete with Internet access, learning software and ongoing training and support, to each incoming sixth grader at Nims School.
Item 5 - Accepted the presentation of the Florida Department of Transportation (FDOT) Aviation Project of the Year award, presented by Mr. Bill Ashbaker, recognizing the City of Tallahassee for the Tallahassee Regional Airport Air Cargo Complex (brought forward by Mayor Marks)
Director of Aviation Ken Austin and the Project team joined the Mayor in accepting this award.
Item 6 - Presented a proclamation, proclaiming August 25—29, 2008, as Tallahassee Fire Fighter Appreciation Week and commending the Tallahassee Fire Department for its support of the Muscular Dystrophy Association (brought forward by Mayor Marks)
Fire Chief Dick, joined by some City firefighters representing the Fire Department, appeared before the Commission and accepted this proclamation.
Item 7 - Mr. Greg Wilson and Mr. John Harvey, members of the CRTPA Multi-Modal Advisory Committee, and representatives of the Bike-Walk Network, a local bike-ped advocacy group, gave a presentation on the benefits that an independent City-staff Bike-Ped Coordinator could bring to the City (brought forward by Commissioner Mustian)
The Commission briefly discussed soliciting County participation in developing a plan to meet this need.
Items 8-17, 19-22 and 24 - Voted 4-0 (Commissioner Katz absent) to approve the staff's recommendations presented in Consent Agenda Items 8-17, 19-22 and 24, taking the following action:
Item 8 - Approved the appointment of citizens to serve on the Urban Design Commission, including Andrew Chin to Seat 1, Sheila Costigan to Seat 2, and the reappointment of David Ramsay to Seat 3, to terms expiring July 2011 (as recommended by Mayor Marks)
Item 9 - Approved the proposed Property Damage Claim Settlement pertaining to property at 1472 Mitchell Avenue, owned by John and Sandy O'Neal, resolving their claim against the City for $40,367.01, plus City-incurred costs totaling $54,022.53, for a total case settlement of $54,022.53 to be paid from Risk Management Funds, as approved by the Liability Oversight Committee (Option 1 as recommended by the City Attorney)
Item 10 - Authorized staff to enter into an engineering task assignment agreement with CDM, Inc., Airport General Engineering consultant under Contract 06C1275, to provide environmental engineering services for the Reconstruction of Runway 9-27 (COT Project No. 07131), at a cost of $530,690 (Option 1 as recommended by Aviation)
Item 11 - Adopted Resolutions Nos. 08-R-35 and 08-R-38, authorizing the execution of FDOT Joint Participation Agreements (JPAs) (FDOT No. 22681919401 and 42230149401), and approved a Budget Amendment to add $250,000 of FDOT funds and $250,000 of Airport RR&I funds to Project #0100171 (Option 1 as recommended by Aviation)
Item 12 - Ratified the City Manager's re-appointment of Joel Dodson for one successive term as Code Magistrate, with a term to expire June 2011, and appointment of Regina Davis as Code Magistrate with a full term to expire August 2011 (Option 1 as recommended by Economic & Community Development)
Item 13 - Approved an appropriation of bond funds in the amount of $1,869,500, and the purchase of twenty-one (21) 63kA, 115 kV circuit breakers for the Hopkins Power Plan switchyard from Areva T&D, low bidder meeting specifications, in the amount of $1,669,500 (Option 1 as recommended by Electric Utility)
Item 14 - Approved a budget transfer in the amount of $50,000, from Project 08011 - Corn Hydro Master, to Project 06104 - Corn Head Gate Seal Repairs; and approved the purchase and replacement of Corn Hydro Head Gate Seals (Bid #0131-08-RM-BC) to BIS Frucon Industrial Services, low bidder meeting specifications, in an amount not to exceed $309,861 (Option 1 as recommended by Electric Utility)
Item 15 - Approved the purchase of a replacement tractor, a 2008 Bobcat Skid Steer, from Bobcat, of Thomasville, Georgia, per Florida Sheriffs Association Contract #07-15-0827, for the cost of $39,302, and the purchase of one low flow skid steer cutter head attachment (IFB #0155-08-BM-BC) from Vermeer Southeast, low bidder meeting specifications, for a cost of $17,812.50 (Option 1 as recommended by Fleet Management)
Item 16 - Approved the award of a construction contract for the Lake Elberta Park Paved Bike/Pedestrian Trail (IFB #0164-08-ER-BC) to North Florida Asphalt, Inc., low bidder meeting specifications, in the amount of $162,053.55 (Option 1 as recommended by Parks, Recreation and Neighborhood Affairs [PRNA])
Item 17 - Approved a Change Order, in the amount of $82,890, to the Engineering Consultant Services Purchase Order with Baskerville Donovan, Inc., to complete development of the final construction plans reflecting all right-of-way negotiations, utility relocations and permit issues for the Lipona Road PASS Project (Option 1 as recommended by Public Works/Engineering)
Item 18 - DELETED FROM THE AGENDA a request for approval of the Tippecanoe Hills Phase 1 Subdivision Plat (brought forward by Public Works/Engineering)
Item 19 - Adopted Resolution No. 08-R-30, authorizing a FDOT JPA to provide StarMetro with a FY 2009 annual operating grant allocation of $969,684, which was a $5,754 increase over the FY 2008 allocation (Option 1 as recommended by StarMetro)
Item 20 - Approved and authorized StarMetro to apply to the Federal Transit Administration (FTA) for available Intelligent Transportation System (ITS) funding secured by Congressman Boyd, in the amount of $490,000, and upon receipt of such funds, execute the grant and expend the funding (Option 1 as recommended by StarMetro)
Item 21 - Approved an engineering services task order for the Park Avenue Tributary #1 Preliminary Engineering Study, in the amount of $102,755, with Singhofen and Associates, Inc., under Stormwater Engineering Continuing Services Contract #868 (Option 1 as recommended by Underground Utilities)
Item 22 - Approved the award of a contract for electrical upgrades to City Water Well 17 (IFB #0186-0-2008/VA) to All Florida Electric of Tallahassee, Inc., low bidder meeting specifications, in the amount of $348,963 (Option 1 as recommended by Underground Utilities)
Item 23 - MOVED TO POLICY FORMATION AND DIRECTION an item relating to the adoption of Resolution 08-R-39 (brought forward by the City Treasurer-Clerk) - SEE BELOW
Item 24 - Approved the minutes of the following City Commission meetings (as recommended by the City Treasurer-Clerk/Records Management):
- June 18, 2008 - Regular Target Issue Workshop
- June 18, 2008 - Regular Meeting
- June 25, 2008 - Regular Meeting
- July 1, 2008 - Budget Workshop
- July 2, 2008 - Regular Meeting
- July 9, 2008 - Regular Meeting
Item 23 (moved from Consent) - Voted 3-0 (Commissioners Gillum and Mustian absent) to adopt Resolution 08-R-40, approving a public hearing in accordance with the federal Tax Equity and Fiscal Responsibility Act (TEFRA) and authorizing the City Treasurer/Clerk to schedule, give notice of and conduct such public hearing (as recommended by the City Treasurer-Clerk)
Item 25 - Voted 4-1 (Commissioner Gillum opposed) to reaffirm that the $150 fee for Rooming House Registration Renewal should remain in place and that a 45-day grace period will be granted to allow those who have not yet paid the fee to be charged the $150 fee without the double fee penalty normally required (upon expiration of the 45-day grace period), and direct staff to pursue compliance with the update requirements by charging the double fees as outlined in the rooming house ordinance and issue notices of violation for those rooming house property owners who have not achieved compliance (Option 1 as recommended by Growth Management)
Item 26 - Received a staff update on the Rooming House Ordinance and related enforcement activities (brought forward by Economic and Community Development [ECD])
Item 27 - Voted 3-1 (Commissioner Lightsey opposed; Commissioner Mustian absent) to authorize staff to move forward with the Human Services Needs Assessment Process Evaluation; to create a work order in the amount of $110,000, with $70,000 drawn from the ECD operating budget (City Account #001-260902-540010); and to appropriate the receipt and expenditure of $15,000 from Leon County and $25,000 from the United Way of the Big Bend (Option 1 as recommended by ECD)
Item 28 - Voted 4-1 (Commissioner Mustian opposed) to approve the collective bargaining agreements covering the bargaining units represented by the International Association of Firefighters (IAFF) (as recommended by Human Resources)
Item 29 - Received a staff update on actions taken to address Public Utility Regulatory Policies Act (PURPA) Standards on Net Metering, Fuel Diversity and Generation Efficiency as identified in Section 1251 of the Energy Policy Act of 2005; voted 3-0 (Commissioners Gillum and Mustian absent) to adopt the provisions set forth in Section 1251 of the Energy Policy Act of 2005, and direct the Electric Utility to continue to ensure these provisions are properly considered in its planning and operating procedures (Option 1 as recommended by Electric Utility)
Item 30 - Voted 3-0 (Commissioners Gillum and Mustian absent) to extend the maturity date to December 31, 2008, for repayment of the line of credit agreement with Housing Tallahassee LLC for the construction of the Carolina Oaks Subdivision, and revise the agreement to include an amended payment schedule (Option 1 as recommended by ECD)
Item 31 - Voted 3-0 (Commissioners Gillum and Mustian absent) to approve funding for water and sewer relocations for FDOT's Mahan Drive (State Road 10) Highway Project (FPID No. 219843-1-52-02), and authorize the City Manager or her designee to execute the Locally-Funded JPA in an amount not to exceed $3.3 million (Option 1 as recommended by Underground Utilities)
Item 32 - Voted 3-0 (Commissioners Gillum and Mustian absent) to approve the purchase of five (5) replacement street sweepers and maintenance packages from Environmental Products of Florida, Inc., pursuant to Contract #1619, for an initial cost of $616,680 after crediting the purchase price for old sweepers, with all the advantages of leasing and additional enhancements, i.e. (i) maintain ownership to evaluate the program, (ii) all components covered in the warranty with the exception of brooms and operator damage, (iii) buy-back purchase of the City-owned sweepers for $44,600 each, and (iv) a maintenance program (Option 1 as recommended by Public Works/Fleet Management
Item 32.1 - Voted 3-0 (Commissioners Gillum and Mustian absent) to adopt Resolution No. 08-R-39, authorizing the issuance of City of Tallahassee, Florida Healthcare Facilities Subordinated Revenue Bonds (Tallahassee Memorial Healthcare, Inc. Sleep Center Project), Series 2008, in an aggregate principal amount not exceeding $700,000 and approving the form of Trust Indenture and the form of Loan Agreement (Option 1 as recommended by the City Treasurer-Clerk and the City Attorney)
Item 33 - Held a public hearing on the proposed Fiscal Year 2009 operating and capital budgets (presented by DMA)
The following persons appeared before the Commission relative to this item:
- Mr. Paul Lowery, 5366 Tewkesburg Trace, representing the Desoto Trail Elementary School PTO (opposing the crossing guard cut at the Kerry Forest Parkway crosswalk)
- Mr. Sandler Dickson, 729 Kenilworth Road, representing Waverly Hills (opponent of Community Services/Neighborhood Affairs budget cut)
- Mr. Tom Morgan, 2996 Fenwick Court East, representing the Foxcroft Neighborhood and the Council of Neighborhood Associations (CONA) (opponent of Community Services/Neighborhood Affairs budget cut)
- Mr. Stephen Hogge, 410 East 9th Avenue, President of CONA (opponent of Community Services/Neighborhood Affairs budget cut; submitted letter for the record)
- Mr. Darwin Gamble, 1248 Halifax Court, representing Great Brandt Hills Neighborhood Association (opponent of Community Services/Neighborhood Affairs budget cut)
- Mr. Dewayne Purifoy, 3250 Nekama Lane (opponent of increased Parks & Recreation fees)
- Mr. Gerald Butler, 2074 Midyette Road #326, representing Adult Flag Football (opponent of reducing an official and increasing fees)
- Mr. Derrick Folson, 849 Dunn Street (opponent) (submitted a speaker form but did not appear)
- Ms. Kirsten L. Olsen, 1804 Jean Avenue (opponent of selling or leasing Hilaman park and Golf Course) (did not appear, but submitted for the record a letter of opposition with an attached petition with 11 signatures opposing the lease or sale of the Hilaman Park Golf Course)
Item 34 - Held the first and only public hearing on Inclusionary Housing Ordinance No. 07-O-07AA, introduced on February 14, 2007, and continued from March 28, 2007; voted 5-0 to adopt the ordinance, amending the City Code to establish $159,000 as the Average Sales Price (ASP) and $204,000 as the Maximum Purchase Price (MPP), and adopting the proposed amendments to City Commission Policy 1103 (Administration and Implementation of Inclusionary Housing Ordinance) (Option 1 as recommended by Planning)
There were no speakers on this item.
Item 35 - Held a public hearing on Canopy PUD Rezoning Ordinance No. 07-Z-43AA, introduced on August 29, 2007, and continued from June 25, 2008, which would rezone a 508-acre parcel located at the southeast corner of the intersection of Fleischman Lane and Centerville Road, in the "Toe" of the Welaunee Plantation property, from CPA (Critical Planning Area) to Canopy Planned Unit Development (PUD) (PRZ #070015) (applicant: CNL Tallahassee I, LLC; agent: Moore Bass Consulting, Inc.); by consensus, continued the public hearing to October 22, 2008, as requested by the applicant (Option 1 as recommended by Planning)
There were no speakers on this item.
Item 36 - Held a public hearing on 1220 Park Avenue, etal., Rezoning Ordinance No. 08-Z-22, introduced on April 9, 2008, and continued from April 23 and May 28, 2008; voted 3-2 (Commissioners Marks and Lightsey opposed) to adopt the ordinance, rezoning 1.21 acres at the northwest corner of East Park Avenue and Magnolia Drive from OR-3 (Office Residential) to C-2 (General Commercial) (RZ #080005) (applicants/owners: PESCO Inc., Public Employees SC, and Ben F. Betts, Jr.; agent: Canter Group Planning and Design) (brought forward by Planning)
The following persons appeared before the Commission relative to this item:
- Mr. Chris Moore, 1005 Hays Street (opponent)
- Mr. Tyler Gautier, 1001 Hays Street (proponent)
- Ms. Lynette Pichard, 1123 Hays Street (opponent) (submitted a speaker form but did not appear)
- Mr. David W. Pichard, 1123 Hays Street (opponent) (submitted a petition with 16 signatures opposing this rezoning)
- Mr. Collin Cherry, 1114 E. Park Avenue, representing Friends of Park Avenue (opponent)
- Ms. Jennifer Cherry, 1114 E. Park Avenue (opponent)
- Ms. Betty W. Maurey, 1114 Hays Street (opponent)
- Mr. Kevin McAlpine, 1000 Hays Street (proponent)
- Ms. Patricia Gritta, 1108 Hays Street (opponent) (submitted a letter for the record from the Tallahassee Trust for Historic Preservation, confirming the East Park Avenue properties in historic districts)
- Mr. Drew Gilbert, 210 Smith Street (opponent)
- Ms. Karen Gilbert, 210 Smith Street (opponent)
- Mr. Mark Tarmey, 2006 E. Forest Drive, representing The Florida Trust for Historic Preservation and The Tallahassee Trust for Historic Preservation (opponent)
- Mr. Jim Canter, 1624 Village Square Blvd, representing Canter Group for Morning Star Properties (proponent)
- Mr. Francis Rentz, 2065 Thomasville Road (proponent)
Item 37 - Held a public hearing and voted 5-0 adopt Resolution 08-R-29, adopting and certifying the 2008 non-ad valorem assessment roll for certification to the Leon County Tax Collector (Option 1 as recommended by the City Treasurer-Clerk/Tax and Revenue)
There were no speakers on this item.
Item 38 - Held the first of two public hearings on Central Urban Southeast and Southwest Rezoning Ordinance No. 08-Z-31, introduced on May 28, 2008, and continued and rescheduled from July 9, 2008, which would apply site-specific Central Urban zoning districts to all properties located in the southern portion of the City currently zoned Central Urban (PRZ #080006); voted 5-0 to amend Ordinance No. 08-Z-31 by removing certain neighborhood in which the residents objected to the ordinance; and announced the second and final public hearing on Ordinance No. 08-Z-31AA scheduled for October 22, 2008 (Option 1 as amended as recommended by Planning)
Ms. Annarene F. Wineglass, 752 Violet Street, representing the Allen Subdivision on FAMU Way (opponent), submitted a speaker form but did not appear.
Ms. Jolillian A. Hunter, 1323 S. Bronough Street, representing the Allen Subdivision and the South Bronough Street Neighborhood Association, appeared before the Commission in opposition to this item.
Item 39 - Held the first of two public hearings on Ordinance No. 08-O-42AA, introduced on July 2, 2008, which would amend the allowed uses and development standards in the CU 18 Central Urban, CU-26 Central Urban, and CU-45 Central Urban zoning districts, and announced the second and final public hearing scheduled for October 22, 2008 (Option 1 as recommended by Planning)
Commissioner Lightsey requested that the staff bring back some examples with sites associated with them.
There were no speakers on this item.
Item 40 - Held the first of two public hearings on Ordinance No. 08-O-43, introduced on July 2, 2008, which would amend the District Intent and Building Restrictions of the Commercial Parkway zoning district, and announced the second and final public hearing scheduled for October 22, 2008 (Option 1 as recommended by Planning)
Mr. Wade Pitt, 805 N. Gadsden Street, representing Harold Palmer and Bob Dean, indicated his availability to answer questions in support of this item.
There were no speakers on this item.
Item 41 - Held a public hearing on Mission Road Abandonment Ordinance No. 08-O-53, introduced on July 9, 2008, which would abandon a portion of the Mission Road right-of-way, approximately 145 feet east of Yonview Drive to approximately 185 feet west of Ocala Road (agent: Wilson Miller); by consensus, closed the public hearing and scheduled the item for final action on October 22, 2008, in order to allow the Planning Commission to approve the recommended changes to the DOAH Final Order (Option 1 as recommended by Planning)
There were no speakers on this item.
Item 42 - Held a public hearing on Ordinance No. 08-O-54AA, introduced on July 9, 2008, which would abandon a portion of the right-of-way for Otis Street, approximately 350 feet east of Chapel Drive to the west corner of Otis Street and Conradi Street (applicant: FSU Conradi; agent: Holland & Knight LLP); by consensus, continued the public hearing to October 22, 2008, in order to allow the Planning Commission to make a recommendation (Option 1 as recommended by Planning)
There were no speakers on this item.
Unagendaed Speakers:
Mr. Joe Schreiber, 566 Beverly Court, appeared before the Commission relative to increased rates for taxicabs and towing services, the need to require financials, and the need to ensure that the increased revenues from fees go to the taxicab drivers.
Mr. Kenneth Stoner, 3012 Byington Circle, appeared before the Commission and expressed distress at being required to obtain a permit and increased costs for a small home project that he had begun doing himself. He discussed his objection to being restricted from replacing a window, wood rot and making other minor repairs without a permit.
Mayor Marks requested that Mr. Stoner discuss his concerns with Assistant City Manager Coe.
City Commission Information and Sharing of Ideas:
Mayor Marks reported that he had been elected to serve as First Vice President of the Florida League of Cities (FLC), and advised that one resolution passed at a recent FLC meeting had been to require the Florida Legislature to comply with the Sunshine Law. He also commended Ms. Cynthia Barber on an excellent presentation made to the FLC on the City's greening initiatives.
Mayor Marks also discussed interest by a number of companies in redeveloping the City's O'Connell parcel, located in the Gaines Street Revitalization Area, and he confirmed the Commission's interest in moving forward with attempts to develop the property with a banquet hotel that could be used in conjunction with the Civic Center.
Commissioner Lightsey expressed concern with citizen complaints she had received about the amount of heavy truck traffic on City streets, and she requested a staff update on what was being done to control and keep through truck traffic out of town. She also requested that the staff provide information to her on the necessity of having unattractive utility boxes located in the front yards of homes.
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