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04/29/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER April 29, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Frank Hibbard Commissioner William C. Jonson Commissioner Absent: Hoyt P. Hamilton Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Work Session was called to order at 9:10 a.m. at City Hall after the City Commission met as the Pension Trustees. The Mayor recognized officials from Wigston, Leicestershire, United Kingdom and Prince Island, Istanbul, Turkey, who were in the audience observing the meeting. PRESENTATIONS 9/30/01 Comprehensive Annual Finance Report Dick Swafford, Director of Financial Services at Grant Thornton, reviewed the City’s Comprehensive Annual Finance Report ending September 30, 2001. He handed out the SAS 61 report and said the audit resulted in an unqualified opinion. He said the City has a strong fund balance and there are good numbers throughout the report. He reported there are no deficiencies regarding Federal and State grants. The Mayor expressed appreciation for the Finance Department’s professional staff. Mr. Swafford thanked staff for their hard work and consistent performance. Certificate of Achievement for Excellence in Financial Reporting – Margie Simmons Finance Director Margie Simmons presented the Certificate of Achievement for Excellence in Financial Reporting to Jay Ravins, Assistant Finance Director. Ms. Simmons thanked Mr. Ravins and the Finance Department staff for their hard work and assistance in obtaining this award. PUR PURCHASING Declare surplus and authorize disposal of vehicles and equipment City Manager Bill Horne said an additional item for Library demolition will be added for Thursday night’s meeting. Public Services Director Gary Johnson said the library could be demolished in 3 to 4 weeks. In response to a question, Mr. Johnson said the special disposal charges for asbestos removal is included in the Kimmons bid. The Turner contract will be reduced accordingly. In response to a question, Purchasing Manager George McKibben said when obsolete items are auctioned off, the money received goes back into the fund from which the item was originally purchased. It was suggested that a program be developed to incent employees to find ways to reduce costs and find cost savings. DS DEVELOPMENT SERVICES Award a contract to Kimmins Contracting Corporation in the amount of $141,100 for the demolition of the Cabana Club Restaurant to the lowest and most responsive bid received The Cabana Club Restaurant at 1590 Gulf Boulevard has been declared to be an unsafe structure. The owner was given ample time to make the necessary improvements to renovate the structure to make it safe, however, the necessary improvements have not been made. Therefore, the next step is to demolish the structure, eliminating the existing dangerous situation. Scope of work: demolish restaurant structure, pool, pool deck, dressing rooms for pool, repair the existing wall to match existing building, grade and level property to have positive drainage, and plant seed and cover with mulch. Development Services includes funding in the budget each fiscal year for demolitions associated with the unsafe building program. In most cases, the cost to demolish a structure is $2,000 to $4,000 and on the average, we perform only a few of these each year. The demolition of the Cabana Club Restaurant was not anticipated, and not budgeted, as the previous tenant had been working with staff on the plans to renovate the building. A lien will be placed on the property. In order to develop or sell the property, the owner or potential buyer will be required to clear the lien. In order to release the lien, the property owner will be required to pay for the costs associated with the violations including but not limited to the cost to demolish the structure, administrative costs to file the lien, etc. If the owner does not take appropriate action, foreclosure proceedings may occur. However, foreclosure of the property would not guarantee compensation to the City, as it would depend on where the City is listed in the foreclosure documents (i.e., the financial loan institutions are usually listed first, and on down the line of responsible parties who would be compensated by foreclosure). A mid-year budget amendment allocating $141,100 from the General Fund un-appropriated retained earnings will provide funding for the demolition costs. When the lien is satisfied, these funds will be returned to the retained earnings of the General Fund. Development Services Director Jeff Kronschnabl said this situation has been a problem since 1998. Promises were made and not kept. Legal requirements have allowed the property to continue in its current dilapidated condition. Staff met with representatives of the Belleview Biltmore and the deadline of March 14, 2002, to post a performance bond as promised has passed. In response to a question, City Attorney Pam Akin said the owners are not required to clear the lien to develop the property unless they seek financing. Mr. Kronschnabl distributed a proposal from the owners of the Belleview Biltmore indicating they would address all safety issues and complete all necessary exterior repairs within 6 months. Assistant City Manager Ralph Stone said although the property owners have moved to take care of some safety hazards, the City should proceed with the demolition action unless the language in the proposal is modified to staff’s satisfaction by Thursday. In response to a question, Ms. Akin said if the building is brought up to minimum standards, nothing else is done after the 6 month compliance period allowing the building to fall into disrepair again, the owners could be recited for violations. The building cannot be demolished if it is brought into compliance with Code. Ms. Akin said unsafe structures could be demolished. If abandoned, Code Enforcement personnel issue citations for violations and can file a lien against the property. If there were no mortgage issues, the liens filed on the property with the most priority would be paid first. In response to a question, Ms. Akin said the property owners have indicated that they would file an injunction against the City should the City proceed with demolition of the building. Staff is anticipating an escrow agreement for repairs by the owners before moving forward with demolition. Ms. Akin was unsure how lengthy litigation would be if an injunction was filed by the owners, but felt an escrow agreement would be a more timely resolution of the issues than resolving it in court. FN FINANCE Request for authority to settle the workers' compensation claim of Claimant, Ronald Pownall, in its entirety to include medical, indemnity and attorney fees for the sum of $89,975 On January 27, 1986, Claimant, a police officer for the City of Clearwater, sustained a neck and shoulder injury at work that is the basis of his pending workers’ compensation (WC) claim. As a consequence of his neck and shoulder injuries he underwent neck and shoulder surgery. His treating physician has recommended additional neck surgery. The City of Clearwater has a WC excess insurance policy applicable to this loss. If this request for authority to settle is approved by the City Commission and paid by the City of Clearwater, the excess insurance carrier, Safety National Casualty Corporation, will reimburse the City of Clearwater approximately $53,500, with the balance of approximately $36,000 paid by the City of Clearwater. The claimant retired as a consequence of his WC injuries, and is receiving a work related City of Clearwater disability pension in the amount of $3,180.27 per month. If this request for authority is approved, there will be no impact on the Claimant’s monthly disability pension, as the part of the settlement allocated to indemnity is $5,000 and is not large enough to reduce the claimant’s monthly pension. Settlement of this claim is recommended as being in the best interest of the City by the City’s Claims Committee, the Risk Management Division, Gallagher Bassett, the City third party administrator on this old runoff claim, and the City’s outside counsel, Mark Spangler. Risk Management Specialist John Marcin said Mr. Pownall retired within a year of his accident in 1986. He has been receiving Workers Compensation payments. The case has taken some time to reach a settlement. PR PARKS AND RECREATION Approve an Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development, Sports Facility Use Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events. On December 31, 2000, the City Commission approved the Sports Facility Use Agreement between the City of Clearwater and the Philadelphia Phillies and on March 1, 2001 the City Commission approved the Baseball Training Facility Lease Agreement (Carpenter Lease), and the Agreement for Development of Community Sports Complex at the location known as the SPJC (St. Petersburg Junior College), now SPC (St. Petersburg College) property, as the primary site for the construction of the facility. Subsequently, on October 5, 2001, the City and the Phillies signed a letter of understanding acknowledging that the City and Phillies mutually agreed that the SPC property was unacceptable as the project site. On April 4, 2002, the City Commission approved a Purchase and Sale Agreement between the City of Clearwater and Home Depot U.S.A., Inc. for the purchase of property located at 21870 U.S. Highway 19, Clearwater, Florida for the purpose of constructing the Community Sports Complex at that location utilizing some of the property now occupied by the Bomber Stadium. Approval of this Amendatory Agreement will accomplish the amendments to these agreements and allow the project to proceed with the development and use of a new Community Sports Complex. Parks and Recreation Director Kevin Dunbar said it is hoped to have the final version of the agreement later today. A concern was expressed that the public may not have time to review the document. It was remarked that the residents of the College Hill neighborhood have been ensured traffic mitigation would be done. PD POLICE Award a three-year contract, beginning May 1, 2002 through April 30, 2005, to B.J.'s Towing and Recovery, Inc. in the amount of $75,000 to provide adequate towing service, consistent and uniform fees for the towing and storage of vehicles, and proper safeguards for the protection of property towed or relocated in accordance with terms of the contract. The vehicle towing service contract is needed to provide the police department a sole contractor to impound vehicles upon request on a 24-hour basis. The contractor will provide indoor and outdoor storage space for impounded vehicles whenever the Police Department requests such storage. Vehicles are often used in criminal acts which requires that the physical evidence in a criminal investigation be protected 24-hours a day to ensure successful court prosecution. A towing contract provides equipment and manpower from the contractor to assist the investigator in completing their investigation. The contractor will make his wrecker drivers and other employees available to the investigator for interviews or court testimony concerning their actions. Funding sources for the contract are budgeted in Special Law Enforcement Trust Fund Project Code 181-99330-530300-521-000 and are estimated to be $25,000.00 each year for three years, for an estimated total of $75,000.00 over the contract period. Deputy Police Chief Bill Baird said this company has been awarded the City contract previously. Of three respondents to the bidding process, B.J.’s Towing and Recovery, Inc. was the only one that met the specifications. In response to a question, Mr. Baird said all wrecker companies charge their own rates. Mr. Horne said this contractor is able to secure equipment used in criminal investigations. CLK CITY CLERK Brownfields Advisory Board City Clerk Cyndie Goudeau said there are 2 vacant positions on the Brownfields Advisory Board. Ms. Willa Carson is eligible for and is interested in reappointment. Ms. Renu Khator is not interested in reappointment. Ms. Alicia Reed is interested in serving. Ms. Goudeau will provide more information regarding Ms. Reed’s qualifications. NAHAB Advisory Board Ms. Goudeau said there are a number of vacancies and no nominees for the NAHAB (Neighborhood and Affordable Housing Advisory Board). Hopes are to reappointment Ms. Peggy Cutkomp. Enterprise Zone Development Agency Ms. Goudeau said there are 2 vacancies and no nominees for the EZDA (Enterprise Zone Development Agency) Board. CA LEGAL DEPARTMENT Second Reading Ordinances Ordinance #6950-02 – Annexation for 3010 Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui Nguyen ANX 02-02-01) Ordinance #6951-02 – Land Use Plan for 3010 Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui Nguyen ANX 02-02-01) Ordinance #6952-02 – Zoning Atlas Amendment for 3010 Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thao and Vui Nguyen ANX 02-02-01) Ordinance #6953-02 – Zoning Atlas Amendment for 101 South Old Coachman Road (Post Court, Lot 1 less the Northerly 920 ft, in Section 18-29S-16E) (Post Court / Keith Bricklemyer Z 02-01-01) Ordinance #6928-02 - Community Development Code Amendments Ms. Goudeau distributed the current version of the Community Development Code Amendments. Concern was expressed regarding there being no maximum size limit for signs. In response to a question, Planning Director Cyndie Tarapani said staff reviews whether or not an ordinance is consistent with the Comprehensive Plan and the City’s vision. A concern was expressed regarding public perception that the City is backing off protection of trees. It was stated the City Manager has attempted to address this perception. It was noted that research has supported staff’s recommended changes regarding tree protection. Support of staff’s ability to make good judgments regarding development code applications was expressed. A tour of the Clearwater Mall site as a case study on applying the provisions of the Code with respect to protection of trees will be facilitated. Ms. Tarapani said the changes to the group of Code amendments had nothing to do with the trees that are being removed from the Clearwater Mall site. No final approval has been given to developer regarding that site. Mr. Horne said staff is always sensitive to public opposition regarding all issues. Mr. Horne said he relies on the Commission to help him remain sensitive to those concerns to ensure staff is giving the proper amount of time and attention to those concerns. City Manager Verbal Reports Mr. Horne received a letter from Ms. Gerri Raymond, Executive Director of the Clearwater Marine Foundation, asking that a representative from the Commission sit on that board. In response to a question, Ms. Akin said there is no legal conflict of interest for a Commissioner to sit on that Board or any other board that raises funds for their organization. Consensus was to address this at Thursday night’s meeting. Other Commission Action Commissioner Jonson expressed appreciation to Commissioner Hibbard for distributing a personal goals document. Commissioner Jonson requested an update regarding how the Mayor and the Commissioners should respond to letters from citizens, etc. It was remarked that the Mayor can speak on his own behalf and only uses the word “we” when he refers to how processes, budgets, etc. are handled. Commissioner Jonson said he has been serving on the Florida League of Cities Intergovernmental Legislative Committee. He feels he could be more helpful if he served on the Environmental Committee, which deals with Brownfields issues. He said he would share information he obtained from the Florida League of Cities-sponsored institute for elected officials. Commissioner Jonson said an Oldsmar Commissioner approached him regarding intersections that can qualify for signalized intersections. He requested the Clearwater City Commission consider a resolution asking for more flexibility. The Commissioner will provide his proposed language. Commissioner Jonson attended the Tampa Bay Regional Planning Council presentation regarding Tampa Bay Regional Transportation study. He will share their report with the Commission. Mayor Aungst said he feels the City needs to do a better job of informing the people that Neighborhood Services is not the City’s only initiatives for neighborhoods. Mayor Aungst requested staff look into implementing traffic calming using less expensive methods than currently planned. This will allow projects to be done more quickly than currently scheduled. Mr. Horne said as $600,000 a year is being budgeted for traffic calming, the Commission could have discussion regarding lesser measures that might work. Adjourn The meeting adjourned at 10:57 a.m.