City Commission Meeting Summary - July 1, 2009
The City Commission met in regular session and took the following action:
The Mayor recognized and welcomed 53 middle and high school girls who were members of the Smith Williams Mentoring Program, the DIVAS, i.e., Determined Individuals Vying for Awareness in Society.
Item 1 - Presented a proclamation, presented by Mayor Marks, proclaiming June 23, 2009 as Olympic Day in the City of Tallahassee, and honoring the Tallahassee Sports Council and Olympians Walter McCoy, Rita Buck-Crockett, and Brian Hickey
Items 2-8 - Voted 5-0 to approve the staff's recommendations presented in Consent Agenda Items 2-8, taking the following action:
Item 2 - Adopted Resolution No. 09-R-19, stating the City's interest in acquiring five State-owned properties on East Gaines Street through a Lease/Purchase Agreement, including the Bloxham, Bloxham Annex, Firestone, Fuller Warren, and Winchester Buildings (Option 1 recommended by Economic and Community Development [ECD])
Item 3 - Approved the award of contract for the construction of the BP-21 Electrical Substation (Bid No. 0126-09-RM-BC) to MasTec North America, Inc., local low bidder meeting specifications, in the amount of $4,035,000; authorized the City Manager to execute a contract with the selected firm; authorized the City Manager or designee to approve contract amendments in an amount not to exceed 25% of the initial contract value; approved an additional appropriation of $490,000 from existing FY2007 Bond Issue Fund Balance; and approved combining project #0101237 (which is funded with existing bond proceeds from the FY2007 issue) with project #07149 (Option 1 recommended by Electric Utility)
Item 4 - Approved the staff's recommendation for the Citywide purchase of limestone aggregate (Bid No. 0103-09-VA-BC), and authorized staff to award and execute three-year term contracts to Cabbage Grove Mining Company, and A-Mining Group, low bidders meeting specifications, for City expenditures totaling approximately $405,000 over the life of the contract (Option 1 recommended by the Department of Management and Administration [DMA]/Procurement)
Item 5 - Approved Hartsfield Place Subdivision Plat, containing 0.97 acres subdivided into nine (9) lots, bounded on the north and west by Summer Meadow Drive and Summer Meadow Place, and on the south and east by Hartsfield Hills, planned for development as single and two-family residential by Summer lakes, LLC, as owner-in-fee-simple (recommended by Public Works/Engineering)
Item 6 - Approved the Paeonia Place Subdivision Plat, containing 26.67 acres subdivided into 106 lots, bounded on the north, south, east and west by unplatted land split by Four Points Way, off of South Adams Street, planned for development as single-family residential by Panhandle Building Services, Inc., as owner-in-fee-simple with Jim Munroe as its representative (recommended by Public Works/Engineering)
Item 7 - Approved four Local Agency Program (LAP) Agreements with the Florida Department of Transportation (FDOT) to reimburse the City of Tallahassee the actual costs directly related to the design, construction, and construction engineering and Inspection (CEI) for five selected sidewalk projects funded through the American Recovery and Reinvestment Act (ARRA) of 2009, including Idlewild Drive from SR 20 (Apalachee Parkway) to Prock Drive, Joe Louis Street from Alabama Street to Preston Street, Lucy Street from Hillcrest Street to Magnolia Drive, Ingleside Avenue from the end of the sidewalk east of Martin Street to Terrace Street, and Lake Bradford Road from Stadium Drive to Pineview Elementary - with Joe Louis Street and Ingleside Avenue combined into one LAP Agreement and let as one contract; and authorized the Mayor to execute the LAP Agreements (Option 1 recommended by Public Works/Project Management)
Item 8 - Approved the minutes of the following City Commission meetings (recommended by the City Treasurer-Clerk/Records Management Officer):
- May 13, 2009 Regular Meeting
- May 20, 2009 Regular Target Issue Workshop
Item 9 - By consensus, introduced Ordinance No. 09-O-32, which provides consent and authorization to include the incorporated area of the City within Leon County's Emergency Medical Services (EMS) Municipal Services Taxing Unit (MSTU) until the end of the five-year term of the current City/County Interlocal Agreement, and set public hearing on the ordinance for August 26, 2009 (Option 1 recommended by Legal)
Item 10 - Voted 5-0 to 1) authorize the City Manager to accept the Neighborhood Stabilization Grant and execute any documents necessary to receive the NSP-1 grant award, providing $2,945,470 to support affordable housing, primarily to acquire and rehabilitate residential property that is in foreclosure and owned by financial institutions, and make the housing available to low-income households; 2) approve the proposed NSP Acquisition Process; and 3) authorize the City Manager to apply for NSP-2 grant funding, potentially providing $10,000,000 for affordable housing modeled after NSP-1, and execute all documents necessary to receive the NSP funds from the U.S. Department of Housing and Urban Development (HUD) (Options 1, 2 and 3 recommended by Economic and Community Development [ECD])
Item 11 - Voted 5-0 to approve a $446,666 loan from the City Affordable Housing Trust Fund to Lutheran Social Services of North Florida, Inc. for the completion of Phases I and II of the Magnolia Acres Project, with loan terms as provided in the agenda item, i.e., 0% interest for a 10-year term, for the purpose of providing affordable housing for disabled and low income persons (Option 1 recommended by ECD)
Commissioner Lightsey clarified with staff that this project was located in an area near Capital Circle on Balkin Circle and was potentially targeted for some NSP-2 grant funding.
Commissioner Katz commended the work of the ECD staff on this worthwhile project.
Item 12 - DELETED FROM THE AGENDA a request for approval of the Florida A & M University (FAMU) 2009-2012 Venom Express and U-Pass Agreement for bus transit services (brought forward by StarMetro) - TO BE RE-SCHEDULED
Item 13 - Voted 5-0 to approve an eminent domain Settlement and Concurrency Development Agreement with the English Family Enterprises, Ltd. and J. Colin English, Jr. in order to resolve full compensation for Parcel 100 (10.8 acres) and Parcel 800 (7,074 sq. ft.), necessary for the realignment of Paul Russell Road and the construction of a stormwater facility required for completion of the Orange Avenue Extension Project (Option 1 recommended by Legal and the City's Real Estate Committee)
Commissioner Katz complimented City Attorney English and the involved staff on doing a good job with this item.
Item 14 - DELETED FROM THE AGENDA a request to approve the ranking and authorization for a program design and management services contract to support the City's Demand Side Management (DSM) Program Manager (RFP #0183-08-RM-RC) (brought forward by Energy Services) - RE-SCHEDULED FOR AUGUST 19, 2009
Item 15 - Voted 5-0 to approve the purchase of an undivided one-half interest in the Public Safety Complex site at Easterwood Drive and Weems Road from Leon County for $512,500 plus closing costs estimated at $500, and authorize the City Manager to execute a purchase and Sale Agreement to proceed with the purchase, with funding provided from the City/County PSC Project No. 08162 - necessary for the Tallahassee-Leon County Public Safety Communications Center (Joint Dispatch Center), which would house the City's Regional Transportation Management Center (RTMC) and Fire Administration Headquarters, and the County's Emergency Management Services (EMS) Headquarters and Emergency Operations Center, now referred to collectively as the Public Safety Complex (PSC) (Option 1 recommended by Public Works)
Item 16 - Voted 5-0 to approve the ranking of consultants for Program Manager Services for the Regional Transportation Management Center (RTMC), and authorize the City Manager to negotiate and execute an agreement for services with the top-ranked firm, Kimley-Horn and Associates Incorporated, for a sum not to exceed $1,646,131; and, if agreement could not be reached, authorize the City Manager to terminate those negotiations and proceed in the same manner with the second-ranked firm, Genesis Corp, and if necessary, the third-ranked firm, PBS&J; with funding provided by the Florida Department of Transportation (FDOT) on a cost reimbursable basis through a Joint Project Agreement (JPA) (Option 1 recommended by Public Works/Traffic Engineering)
The Commission clarified with staff that the FDOT JPA required the City to obtain the services of a program manager, which would furnish the PSC with equipment and a shared video wall to serve the whole building, while the second component would be the RTMC facility on Interstate 10, and the third component would provide connections between the facilities.
Item 17 - Voted 5-0 to adopt the rolled-back rate of 3.7 mills as the FY2010 tentative millage rate for the City of Tallahassee (Option 1 as amended); voted 5-0 to adopt a tentative millage rate of 1.0 mill for the Downtown Improvement Authority (DIA) (Option 5); voted 5-0 to set the statutorily required public hearings on the adoption of the FY2010 City of Tallahassee and DIA budgets and millage rates for September 9 and 23, 2009, to begin at 6:00 p.m. in the City Hall Commission Chambers at 300 South Adams Street, and adopted an alternative date of September 10, 2009 for the first September 9th public hearing in the event of a conflict with Leon County public hearing dates (Option 6) (brought forward by the Office of Budget and Policy)
The Commission clarified that this adopted tentative City millage rate of 3.7 mills would be revisited prior to the adoption of the final millage rate at the final budget public hearing scheduled for September 23, 2009.
The Commission also urged staff to bring back some options that would begin 1) bringing down the City government's debt load and 2) increasing the City's reserve accounts.
Mayor Marks suggested that the upcoming summer break be used as an opportunity to educate the public regarding the City's budget situation and the impacts of reserve balances on the City's bond ratings, and he challenged entities in the community to become involved by understanding the City's budget and giving their advice.
Staff announced the next City Commission meeting following the summer break was scheduled for August 19, 2009, at 4:00 p.m., while the next City Commission Budget Workshop was scheduled for August 24, 2009, from 9:00 a.m. to 2:00 p.m.
Item 17.1 - Voted 5-0 to authorize acceptance of the Jean Rich Murray Living Trust donation in the amount of $10,000 for appropriation into the Animal Shelter donations Account #115-0-366005 for the purpose of supporting the Animal Service Center's operational needs (Option 1 recommended by Parks, Recreation and Neighborhood Affairs (PRNA)
The Commission also requested that staff give some publicity to the family who had made this donation.
Item 18 - Held the second and final public hearing on the Annual Action Plan (AAP) for FY 2009-2010, which updated the five-year Consolidated Plan for the use of grant funds provided to the City by the U. S. Department of Housing and Urban Development (HUD), describing the activities to be carried out during the year to fulfill the Consolidated Plan goals -- the first public hearing having been held on April 28, 2009; received public comment on the projects and activities included in the AAP; voted 5-0 to approval the submittal of the AAP for FY2009-2010 and grant application to HUD, and authorize staff to negotiate and execute contracts and issue Request for Proposals (RFPs), as appropriate, for programs and projects listed in the FY2010 Grant Funding Summary spreadsheet; including a total of $5,161,163 of proposed activities that are to be funded by general fund revenues designated in the AAP in anticipation of federal and state grant revenue reimbursement amounts, including: $2,228,889 from Community Development Block Grant (CDBG) funds, $1,582,218 from HOME Investment Partnership Program (HOME) funds, $1,035,000 from reprogrammed SHIP funds to be used in concert with the Local Housing Assistance Plan (LHAP), $250,000 from the Florida Housing Opportunity Program (FHOP) funds, and $84,256 from Emergency Shelter Grant (ESG) funds (Option 1 recommended by ECD)
The following persons appeared before the Commission relative to this item:
- Mr. Richard Dusenbury, 439 W. Georgia Street (opponent of the use of the Tish Byrd property and the allocation of HUD/CDBG to the Frenchtown Community Development Corporation (CDC) for "top down" projects; distributed copies of Power Point presentation - on file in the Office of the City Treasurer-Clerk))
- Ms. Regina Davis, representing the Frenchtown CDC, 421 W. Georgia Street (proponent; distributed copies of material listing programs funded through the Frenchtown CDC and letters of support from residents of the community - on file in the Office of the City Treasurer-Clerk)
Additionally, the Commission voted 5-0 to direct the staff to work with The Shelter to get in place an agreed-upon data collection process and provide a report on data collected over the next three months that is in compliance with federal standards and demonstrates a willingness to collect minimally required data, and, if this is accomplished, make available the previously allocated $30,000 to The Shelter by the end of the calendar year.
Item 19 - Held the second and final public hearing on a proposed Development Agreement between the City of Tallahassee and Seminole Tribe of Florida (S.T.O.F.) Holdings, Ltd., related to the demolition of two downtown structures owned by the S.T.O.F. that were in disrepair, located near the intersection of Jefferson Street and South Monroe Street, the first public hearing having been held on June 24, 2009
(The City and the DIA were proposing to obtain a temporary easement over the property that would allow the City and the DIA to install landscaping and informative exhibits on the site until S.T.O.F., or its successors in interest, were ready to develop, and in exchange, S.T.O.F.'s redevelopment rights, which were time limited by the Land Development Code, would be preserved for the life of the development agreement, or 10 years. Cost estimates for landscaping the property would range from $6,500 to $10,560 for installation and $1,440 to $2,800 for annual maintenance, with the cost to be shared equally by the City, the DIA, and the Downtown CRA; and S.T.O.F. agreed to reimburse all costs up to $10,000 if it or a successor in interest pull building permits within two (2) years of the proposed agreement.)
Voted 4-0 (Commissioner Mustian absent) to close the public hearing and defer taking action on the proposed agreement pending the determination on memorializing the site and how to best address safety concerns, with input from the adjoining property owners
Also, the Commission concurred with providing some type of historic marker recognizing the significant events related to the civil rights movement that had occurred in the area.
The following persons appeared before the Commission relative to this item:
- Ms. Patricia Stephens Due, 1381 Timmons Road (presented photographs of herself and other Florida A & M University [FAMU] students conducting sit-ins and picketing, and being arrested, in front of McCrory's Department Store at the subject location on March 12, 1960, through 1963 when the lunch counters in the store were opened to all; she encouraged the Commissioners to consider designating this spot for a civil rights museum for the State of Florida)
- Mr. John D. Due, Jr., 1381 Timmons Road (urged the Commission to not deny the history of this city and to make this location a historic spot)
- Mr. Steve Kahn, 204 S. Monroe Street (urged the Commission to obtain input from the adjoining property owners, and recommended the installation of an ornamental security fence and that the property be made into a limited access park, with no access after dark)
City Commission Information and Sharing of Ideas
Mayor Marks congratulated the staff of Tallahassee Memorial Hospital (TMH) on TMH becoming certified as a Level II Trauma Center, noting that the City Commission had supported that process.
Commissioner Mustian announced his interest in being designated to assist Leon County over the summer break in a joint effort to identify the community's most urgent sidewalk improvement projects for federal stimulus funding, and the Commission voted 5-0 on a motion to designate Commissioner Mustian to assist in that effort.
Unagendaed Business/Speaker
Ms. Edwina Stephens, 608 FAMCEE Avenue, spoke against cutting funds for the Keep Tallahassee-Leon County Beautiful Program, and the budget to keep staff at the Smith-Williams Center.
Mayor Marks recognized Mr. John Due as a "living legend" and a renowned member of the Florida Bar since 1947.
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