Loading...
05/02/2002CITY COMMISSION MEETING CITY OF CLEARWATER May 2, 2002 Present: Brian J. Aungst Mayor/Commissioner – departed 8:04 p.m. Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard 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 Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Jonson offered the invocation. 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 - Introductions, Presentations and Awards a. Proclamation – Emergency Medical Services Week – May 19–25, 2002 b. Proclamation – National Tourism Week – May 5-11, 2002 c. Proclamation – Small Business Week – May 5-11, 2002 d. Proclamation – Clearwater's Cinco de Mayo Celebration – May 4, 2002 Police Homeless Outreach Update Police Chief Klein and Ed Brant, Executive Director of CHIP, provided an update on efforts to address homeless issues in Clearwater. Chief Klein requested volunteers to assist with painting the interior of the CHIP building and selling newspapers at the May 9 Devil Rays game to raise funds for CHIP. ITEM #4 - Approval of Minutes - Regular Meeting 04/18/02 Commissioner Gray moved to approve the minutes of the regular meeting of April 18, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda John Doran said the Roundabout is still working. Traffic always will be backed up on those days when everyone is trying to go to the same place at the same time. Traffic is a problem when Coronado is full of traffic. Drew Charos said a petition to rename Cleveland Street to Main Street has been circulated. She suggested signage to help tourists identify when they are in downtown. Public Hearing - Second Reading Ordinances ITEM #6 - 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) The City Attorney presented Ordinance #6950-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6950-02. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. ITEM #7 - 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) The City Attorney presented Ordinance #6951-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6951-02. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. ITEM #8 - 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) The City Attorney presented Ordinance #6952-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6952-02. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. ITEM #9 - 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) The City Attorney presented Ordinance #6953-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6953-02. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. ITEM #10 - Ordinance #6928-02 - Community Development Code Amendments Commissioner Hamilton moved to amend Ordinance #6928-02 on second reading as follows: Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3. Property maintenance requirements is amended as follows: 3. Ground level storefront windows facing a public right-of-way shall be maintained in an unbroken and clean state. No window facing the public right-of-way shall be permanently removed and enclosed, covered, or boarded up unless treated as an integral part of the building façade using wall materials and window detailing comparable with any upper floors and the building façade in general. All damaged or broken storefront windows shall be promptly restore, repaired or replaced. All awnings or canopies facing or visible from the public right-of-way shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings shall be promptly replaced, repaired or removed. In response to a question, Ms. Tarapani said the amendments address all windows, not just storefronts. She said windows could be boarded up but not for an extended period of time. The City Attorney presented Ordinance 6928-02 for second reading as amended and read it by title only. One resident spoke in favor of increased square footage for signs. Ms. Tarapani said the square footage for attached signs is being increased from 10 to 20 square feet as a right. The Comprehensive Sign Program provides the ability to request additional signs. It was remarked that some citizens feel the City is taking a step backward because signs can be larger. It was felt some citizens are dispersing a lot of misinformation about this proposed sign section of the Code. Minor adjustments are being made to the Code to provide small businesses the opportunity for adjusted signage. In response to a question, Ms. Tarapani said although there are no amortization dates, there are actions that will trigger compliance with the sign Code. Business owners are permitted a freestanding or monument sign as long as they comply with Code. It was remarked the proposed signage changes are maximums, not rights. Commissioner Hamilton moved to pass and adopt Ordinance #6953-02 as amended on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. “Nays”: None. CONSENT AGENDA (Items #11-16) – Approved as submitted. Consent Agenda items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #11 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum A. Award a contract to Kimmins Contracting Corp., Tampa, Florida in the amount of $130,900 for the Demolition of the Library, the lowest and most responsive bid received (PW/PS) B. Declare surplus and authorize disposal of vehicles and equipment (PUR) ITEM #12 - Authorize settlement of the workers' compensation claim of Claimant, Ronald Pownall, in its entirety to include medical, indemnity and attorney fees for the sum of $89,975. (FN) ITEM #13 - Authorize acceptance of $115,571.01 from Peter E. Field Shelter Trust and establish a separate project account in order to segregate these funds for use by the Clearwater main library (FN) ITEM #14 - 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 (PD) ITEM #15 - Brownfields Advisory Board – Reappoint Willa Carson in Resident Category; Appoint Alicia Reed in Agency or Government representative. (CLK) ITEM #16 - NAHAB Advisory Board – Reappoint Peggy Cutkomp to Real Estate Industry Category (CLK) Commissioner Hamilton 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 - 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 (DS) The Cabana Club Restaurant at 1590 Gulf Boulevard has been declared 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 average, performs 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 unappropriated 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. Richard Wilhelm, representative for the Belleview Biltmore Resort, Ltd., apologized on behalf of the Belleview and its ownership that the property and its surrounding residents have suffered. He said the rodent infestation and removal of refuse inside and outside have been resolved and would continue to be addressed. Safety issues also are being addressed. He said his company has been working with the City to develop an agreement to bring the property into compliance. He said the repairs would be completed within 6 months. An escrow agreement for 150% of the contract amount has been signed and is awaiting the City’s approval. In response to a question, Mr. Wilhelm said the property should not be demolished because of its value to the owners and for its overall value to the community. He said there are no specific plans for the property, but the exterior would be kept attractive and the interior would be made safe and the entire property maintained. The contractor would begin work as soon as the permits are approved. In response to a question, Mr. Wilhelm detailed the work to be done. In response to a question, Sam Downing, representing the Belleview Biltmore Resort, Ltd., said there are no plans to fence the open area under the building as it is basically for parking. Mr. Wilhelm said security would check the premises regularly along with Belleview Biltmore hotel personnel. The interior security system has been reactivated and will be monitored. In response to a question, Mr. Downing said the adjacent condominium complex shares the firewall of this building. He is confident that unless structural damage is found, 6 months is ample time to complete all the work. Building Official Kevin Garriott said the permits are ready. In response to a question, Mr. Wilhelm said he understands and appreciates the past problems with the property. It was remarked that it is disappointing that no specific plans have been made for the use of this property. Frank Simonelli, representing himself and 7 citizens, was concerned about the quality of life for surrounding residents. He said this issue has been ongoing for 4 years and does not believe the improvements would be made and maintained. He encouraged the Commission to demolish the building. Two citizens spoke in favor of demolishing the building. In response to a question, Ms. Akin said staff recommends awarding the contract and holding it in abeyance in the event the owners do not move promptly forward with repairs. She said if the owners do not perform, the City will use the escrow funds to complete the repairs. If the funds in escrow run out before compliance can be met, the City could demolish the building. Once a building is demolished a lien is placed on the property. Concern was expressed that this property is only being brought up to minimum Code requirements. Ms. Akin reported Belleview’s attorneys have indicated they would seek an injunction if the City proceeded with the demolition process. The injunction would delay the demolition process for an unknown period of time. Ms. Akin felt this escrow agreement is the most expeditious remedy to the situation. Commissioner Gray moved to award a contract to Kimmins Contracting Corporation, Tampa, Florida, in the amount of $141,100 for the demolition of the Cabana Club Restaurant, but to hold it in abeyance pending the owners pulling permits for the necessary repairs and executing an escrow agreement and depositing the funds provided for in the agreement; and in the event the property owners do not promptly move forward with the repairs, the City will move forward with the demolition. The motion was duly seconded. In response to a question, Ms. Akin said there are no interim project milestones. Upon the vote being taken, the vote carried unanimously. ITEM #18 - Resolution #02-25 which designates the Finance Director as the City representative and the Deputy Finance Director and the Cash & Investments Manager as the alternate representative on the First Florida Governmental Financing Commission (FN) The First Florida Governmental Financing Commission was created to provide a lower cost financing option for local governments. Each time the city issues debt, staff examines all of the available options and seeks the best available to the City. The Commission is most cost effective when we have smaller amounts of bonds to issue in that we combine our needs with other governments and realize a cost savings in issuance and interest costs. Current members of the First Florida Governmental Financing Commission are: City of Boca Raton, City of Gainesville, City of Hollywood, City of Sarasota, City of St. Petersburg, Broward County, and the City of Clearwater. Clearwater last used the Commission in 1987 to issue bonds for the benefit of the Fleet, Sanitation, Marina and the Fire Department. These bonds have been paid in full. The cost associated with Clearwater belonging to the commission is estimated at $2,400 per year. Staff is recommending we continue as a member because this cost will be more than recovered the next time we issue bonds through the commission. The new legal advisor to the First Florida Governmental Financing Commission has requested that the current member pass a resolution naming a representative and alternatives. Commissioner Jonson moved to approve designating the Finance Director as the City representative and the Deputy Finance Director and the Cash & Investments Manager and the alternate representatives on the First Florida Governmental Financing Commission. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-25 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-25 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll, the vote was: “Ayes”: Hamilton, Gray, Jonson, Hibbard, and Aungst. “Nays”: None. ITEM # 19 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #20 - Other City Attorney Items – None. ITEM #21 - City Manager Verbal Reports County Administrator's Recommendations regarding Community Redevelopment Agencies Long Range Planning Manager Gina Clayton said in February 2001, the Board of County Commissioners held a workshop to discuss designating and funding of community redevelopment districts. The Board directed County staff to develop guidelines for establishing community redevelopment districts, for permitting the use of tax increment financing, and for monitoring the progress of these districts. In July 2001, recommendations where presented to the Board, however, no action was taken. On Tuesday May 7, 2002 the Board will consider revised recommendations. The Planning Department recommends the following amendments to the County’s approach to designating and funding community redevelopment districts. The word “original” should be deleted from section 1.a defining “downtown” community redevelopment districts (page 3.) This language has the same connotation as “historic” as was in the original recommendation. Downtown boundaries typically grow and change with time and a local government should be able to determine this boundary based on local criteria. The percentage and length of the increment allowed in the downtown community redevelopment districts should be fair and consistent throughout the County and should continue to be an established amount as has been the Board’s policy since the inception of community redevelopment district. The proposal in 1.d. is vague and will bring inequities to the municipalities. The language in 1.c. and 2.c that specifies that the County may rescind the delegation of authority should be moved to section 1.b and 2.b. (pages 3 and 4.) This authority should be addressed in the section discussing the delegation of authority and not tied to the progress report. The progress report required in 1.c and 2.c (pages 3 and 4) should be required every three years as originally proposed instead of every year. Progress in most community redevelopment districts is slow and in some cases, local efforts may not result in real progress during any one-year period. Providing the report every three years would give the Board a better assessment of progress due to the amount of time redevelopment takes. In the event of an economic downtown, loss of redevelopment staff, lack of grant funding, etc., there will be no progress to report and the Board may get a skewed view of the community’s CRA. Mr. Horne said if the Commission supports staff position, staff would attend the Board of County Commissioners meeting to apprise them of Clearwater’s recommendations. It was felt that more time was needed to review staff’s recommendations. Commissioner Gray volunteered to attend the County Commission’s meeting. The City Manager reported he received a letter from Ms. Moody regarding sewage overflow at her condominium complex. City Building Inspector Wright has advised the owner he would be cited if this situation reoccurs. ITEM #22 - Commission Discussion Items – None. ITEM #23 - Other Commission Action Appoint a Commission member to represent the City on the Clearwater Marina Aquarium Foundation Board It was remarked that Commissioner Hibbard is interested on serving on the Clearwater Marine Aquarium Foundation Board. Commissioner Jonson moved to appoint Commissioner Hibbard as the Commission’s representative on the Clearwater Marine Aquarium Foundation Board. The motion was duly seconded and carried unanimously. Mayor Aungst said Beach Fest at Pier 60 on April 19, 20 and 21 was a great success. On April 24 & 25th, Mr. Horne, Ms. Goudeau and he were in Washington, D.C. to visit Congressmen and federal lobbyists. On April 26th he presented Jahja Ling a key to the City in appreciation of his 14 years with the Florida Orchestra. He was out of town for Neighborhood Block Parties on April 20th, but had the opportunity to attend 3 block parties on April 27th: Northwood Estates; Northeast Clearwater Regional Homeowners Neighborhood Picnic, and Forest Wood Estates. On April 28, the Commission, with the exception of Commissioner Hamilton who was out of town, attended the Windsor Park neighborhood event organized to dedicate their entrance and to honor Michael (Mac) Tarrou, who was a flight attendant and victim of the September 11 tragedy. At Monday’s worksession, guests from the U.K. were interested in the City’s process and said they faced some of the same issues in Leicestershire. He and his wife attended the National Day of Prayer observance at the Harborview Center on May 1 at 7:00 a.m. On May 1 he and Mr. Horne attended the kickoff luncheon at the Belleview Biltmore to kick off tourism week. Friday, May 3 he will welcome representatives from the State of Hidalgo, Mexico at noon. He invited everyone to attend the Cinco de Mayo festival at Coachman Park and the annual Fun ‘n Sun Parade on May 4. Friday, May 3 is Fun ‘n Sun Phillies night at Jack Russell Stadium at 7:00 p.m. On May 5 the Florida Orchestra will be performing at Coachman Park. On May 6 the Commission will be in a Visioning Session for the afternoon. On May 10 at 10:00 a.m. a memorial service will be held at Station Square Park to honor police officers. That afternoon, he will throw a basketball to start the state AAU Basketball tournament. Concert in the Park at Coachman Park is on May 11. Commissioner Hibbard said he enjoyed the National Day of Prayer observance at the Harborview Center on May 1. He was glad the City gave out free trees at the Arbor Day celebration last week. He said citizen surveys have been received and he looks forward to the results. Commissioner Jonson distributed paradigms of interaction he received at the advanced IEMO class he attended. He enjoyed the visitors from England who were interested in the City’s governmental process. He participated in the downtown clean up and requested that citizens properly dispose of all forms of litter. He participated in the hurricane disaster exercise and saluted the Fire Department and other participants involved in preparing for it. He enjoyed visiting neighborhoods during Neighborhood Day. He represented the Commission at the ribbon cutting ceremony at Freedom Ford. He attended the NAACP Freedom Banquet. He reported on the PSTA Awards function that took place on the Starlight Majesty cruise through Clearwater harbor. He thanked staff for a great job in moving into the interim library facility. He encouraged everyone to attend the Clearwater Historical Society’s annual fish fry at Clearwater High School beginning at 11:30 a.m. Commissioner Hamilton said he and his wife had a wonderful trip to Hawaii to celebrate their 20th wedding anniversary. He congratulated Margie Simmons and her department for the award her department received for 22 consecutive years. He was sorry he missed Neighborhood Day. Commissioner Gray attended the National Day of Prayer at Skycrest Baptist Church, the ice cream social at the MSB (Municipal Services Building) to benefit the Relay for Life, and the library farewell. She said the Smooth Jazz Concert went well. ITEM #24 – Adjournment The meeting adjourned at 8:15 p.m.