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09/17/1990 CITY COMMISSION WORK SESSION September 17, 1990 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:35 a.m. and the following items were discussed. Two Service Pins were awarded. Donald Long, Assistant Fleet Maintenance Administrator, Fleet Maintenance Division, was presented the Employee of the Month Award for September, 1990. Health Insurance (CM) The City of Clearwater currently offers a choice of three group health insurance programs to its employees. CIGNA, Equicor, and American General have been offered by the City. It has been our intent and belief that the best way to hold down the inflationary spiral of our group insurance costs for the City and its employees would be to reduce the number of insurers offered to City employees. Further, it is our belief that the employees would benefit by the institution of a "point-of-service" plan which provides the HMO benefit of a low co-payment with the "safety net" of a major medical plan. In essence, a point of service plan allows the employee a choice of using either an HMO physician and paying a specified co-payment or using a physician of the employee's choice, wherein payment is subject to a deductible and co-insurance. An employee may make this choice EACH time medical treatment is required. After reviewing American General's capabilities and CIGNA's, it was decided that our goal would best be met by CIGNA Healthplan. In March of 1990, CIGNA acquired Equicor, Inc., from Equitable Life Assurance Company. As the merger with CIGNA will not be completed in 1991 and Equicor will continue to operate as a separate entity, we propose to continue the current HMO plan with Equicor for 1991. This will better facilitate continuity of care for our employees and give them an added choice in their healthcare benefits. Kathy Rice, Assistant City Manager, stated that the recommendation is to delete American General and to go with CIGNA and Equicor. Administration has worked together with the employees to develop a plan for the health insurance program. She stated that costs for indemnity plans are expected to rise 25% per year over the next five years, while HMO plans are expected to rise at 15% per year. She stated that a point-of-service contract is being proposed. In this contract, a person can choose at the time of service how they wish to obtain care. She further reported that CIGNA and Equicor are bidding separately for this coming year. It was also reported that the City is proposing a 125 plan which allows payment of dependent coverage to be made from pre-tax dollars. In response to a question, it was indicated that there will be a $500 deductible and after that, a 70/30 split for payment if a person chooses to use a doctor outside of CIGNA. It was emphasized that administration and employees will continue to monitor the system and continue to develop ideas for ways of containing health insurance costs. It was also indicated that it is hoped that by moving more people into being covered by one company, we'll help keep our costs down. George Odishoo, representing the employees, stated they have been addressing a problem which the whole country is experiencing. He stated greater control is being sought and cost factors are being identified. The Health Insurance Committee hopes to find ways to use the health insurance plan more effectively. It was also stated that the City is investigating wellness issues, as well as looking at self-insurance for in the future. Future 125 plan possibilities are also being explored, however, administrative procedures need to be worked out. It was indicated that the City pays $2.6 million a year for health insurance costs and when dependent coverage costs are added on, the total premium is approximately $4 million. Mrs. Rice thanked the unions for working with the City administration on the health insurance issue. Liability Insurance On July 1, 1985, the City and Arthur J. Gallagher & Co. began a property and casualty insurance program. Under the program, Arthur J. Gallagher & Co. brokers the program to various insurance markets and assists the City in purchasing insurance commensurate with its risk. The policies in this program have been tentatively placed, but if better rates can be obtained from other companies, the coverage will be placed elsewhere at the lower rates. A question was raised regarding why the London Package has doubled over the last five years. John Liston of Arthur J. Gallagher & Co. stated this has happened due to loss experience and building contents value having increased. A question was raised regarding which company had not agreed to pay on the claim regarding Clearwater Pass Bridge and it was indicated that Appalachian was that company. Concern was expressed regarding using a company that denied one of our claims. Staff and Arthur J. Gallagher representatives are to investigate a replacement company. Discussion ensued regarding excess liability. Mr. Liston explained that insurance companies are reluctant to provide this coverage as it is typically being purchased only when needed. It was indicated that we have not had this coverage for several years. A question was raised regarding the Hull insurance and how much of it was for coverage of the police boat. Contract for Purchase of Carpeting for the Main Library with Bob's Carpet Mart, Largo for $42,713.33 including installation (Consent B&C) AND Contract for Moving Services with Library Movers of America to enable recarpeting of the Main Library, $31,968.84 (Consent B&C) Carpeting in the Main Library has deteriorated to the point where it presents a safety (tripping) hazard. This deterioration is caused by: (1) the carpeting which is glued to asphalt/asbestos tile is coming loose from its wooden or concrete base surface; and (2) the carpeting jute backing is tearing which is causing the carpeting to stretch and to create rolls of excess carpeting. The excess rolls of carpeting have been cut, the excess removed and then the area has been taped many times by Building and Maintenance personnel. The Main Library carpet is a hazard to patrons and staff, due to areas with large ripples. Separate bids were solicited for carpet and for moving services to move all book ranges, furniture, books and other items, to facilitate recarpeting. It was indicated this will be a six-week project and the library will remain open as much as possible. It will have to be closed at least a week for asbestos removal and probably one other week during this project. In response to a question, it was indicated that employees will be allowed to take vacation, take off without pay, or be distributed to other branches during the closure times. It was indicated that an engineering study had been done to determine to what locations the book shelves could be moved without endangering the load limit of the floors. Discussion ensued regarding the need to move the book shelves and whether or not the carpet could be installed around the shelves, instead of under it. It was indicated that this could be done. However, it was determined that it would be in the best interest to have a sheet installation, rather than cutting out around the shelves. There was also concern regarding additional asbestos tile, which could be disturbed if the carpet was cut and installed around the book shelves. Second Amendment to License and Agreement with Clearwater Ferry Service, Inc. re Minimum Routing Schedule (Consent Agmts) On August 2, 1989, the city commission approved a License and Agreement with Clearwater Ferry Service, Inc. to operate a ferry service within Clearwater Harbor. Mr. Henderson, operator of the ferry service, is requesting an amendment to the agreement affecting the days of operation. Staff requests an amendment to the agreement to consolidate the four and eight months into a single annual period. Exhibit "B" of the existing agreement calls for a "Minimum Routing Schedule" of operation from March 1 through October 31 each year. Mr. Phil Henderson, President of Clearwater Ferry Service, Inc., has requested a change in schedule, deleting Mondays from the seven day operation except for Mondays following a national holiday weekend or a holiday falling on a Monday. This request was based on a six month evaluation of operating from the Drew Street and Sea Stone Docks and finding that Monday customer traffic minus holiday periods does not justify the service. A question was raised regarding the sidewalk to be installed and Commissioner Nunamaker indicated he had a bench he was willing to donate for this. In response to questions regarding how the service is working, Mr. Henderson indicated that there are more pickups on the beach to town than vice versa. He stated he felt, with the new drop on Mandalay Avenue, travel to the beach will increase. He stated there was a need to increase ridership. A question was raised regarding the status of the waverunner ordinance and applications for waivers to the restricted swimming area. Bill Held, Harbormaster, indicated the Holiday Inn has submitted an application which will also require a Conditional Use approval by the Planning and Zoning board. There is a meeting tomorrow regarding the application for the Holiday House. The City Attorney indicated that we are working with Mr. Gray regarding this and that there are some unique concerns due to the agreement that was signed prior to the ordinance being adopted. Extension of Contract for Clearwater Executive Airpark Mowing Services with Caladesi Landscaping & Maintenance, Palm Harbor, 10/15/90 - 10/14/91 for $21,794.00 (Consent B&C) The Clearwater Executive Airpark has been mowed by contract for the past seven years. All open areas between and around the runway and taxiway and in and around all buildings and aircraft are mowed and trimmed. Approximately thirty (30) acres are maintained with thirty-four (34) mowings under this contract to maintain the park-like nature of the Executive Airpark and to enhance the safety of the Airpark ground operations by preventing vegetation from screening potential hazards. The cost of the present year's contract is $21,794.00. The current contractor, Caladesi Landscaping & Maintenance of Palm Harbor, Florida, has agreed to a one-year contract extension at the same contract prices, payment terms, and all other provisions of the original bid/contract award documents. Concerns were expressed regarding the need to clean up debris around hangars A, D and E. The City Manager indicated he will be working with the Airpark Authority regarding this. Contract for Groundwater Contamination Assessment of Fleet Maintenance Facility with Environmental Science and Engineering, Inc., est. $15,840.00 (Consent B&C) General Services operates a Fleet Maintenance Facility at 1900 Grand Avenue. During the course of further development of the property it was necessary to perform groundwater testing on the site. The results of analysis indicates higher than acceptable levels of iron, lead and chromium. It is incumbent on the City, as owner of the property, to assess the possible contaminatino of the site. Four bids were received to provide services for the development of a Preliminary Contamination Assessment Plan (PCAP) and to perform the Preliminary Contamination Assessment (PCA) after approval of the PCAP by the Department of Environmental Regulation. Environmental Science and Engineering, Inc., with a bid of $15,840.00, although not the lowest bidder, which came in at $13,000, exhibits the best address to the tasks that are necessary to comply with the DER requirements and evaluation of existing site data while giving consideration to the City's best interests. It was indicated that this site is probably where dumping occurred. It was also emphasized that approval of the plan by DER is necessary and that they could require more, in which case the expense could increase. Dissolving the Clearwater Health Facilities Authority (CM) The Clearwater Health Facilities Authority has been in existence since April of 1979. Its purpose is to assist health facilities in acquisition, construction, financing and refinancing of projects within the city limits. During its existence the Authority has approved one bond issue on behalf of Morton Plant Hospital. This issue was done in 1982 and has been paid off. There are no outstanding issues of the CHFA at this time. Generally the Authority has met once a year to receive a report from Morton Plant Hospital regarding its projects. Commission consensus was to have a Resolution on the Agenda for Thursday night. Environmental Education Posters - Funding for Design and Production (Consent C&S) The initiation of this project is required to satisfy a condition of the DER Dredge and Fill Permits for the construction of the Drew Street Ferry Dock and the newly constructed Clearwater Beach Recreation Center Ferry Dock for the development of a permanent educational display. The display is to address mangrove, seagrass and manatee protection and awareness. This effort is required to educate the public as to the sensitivity of these valuable resources to the impacts by man, which are often a result of ignorance rather than neglect. The project consists of the design phase through to the first run printing of 100 each of three posters incorporating graphics, photographs and text emphasizing the need to protect mangroves, seagrasses and manatees. The posters will also address the role that each plays in the ecosystem and its presence in a healthy system. It is also proposed that displays be constructed at the Seminole Boat Dock, the City Municipal Marina and at the Sand Key Sailing Center. The posters could also be displayed at other indoor locations such as Moccasin Lake Nature Park and at the Clearwater Marine Science Center. Charles Hunsicker, Assistant City Manager, presented a mockup of the proposed poster. Questions were raised regarding whether the State had mandated the $12,000 expense. It was indicated that the mandate included the need for the posters but not how much was to be spent. Commission consensus was for staff to investigate the use of volunteers or possibly a contest for the development of these posters. It was indicated that the in-shop print house is limited to two colors and an 11"x14" size. Staff will investigate and set a 90-day timeframe in which to perform this project. It was reported that the League of Women Voters has filed petition to intervene in the 120 Administrative Hearing regarding Stevenson's Creek. Town Meetings - Approval of dates and locations for 90/91 (Consent C&S) The following schedule is recommended for the four (4) 1990/91 Town Meetings. 1. Morningside Recreation Center Tuesday, October 23, 1990 2. Martin Luther King Center Tuesday, November 27, 1990 3. Memorial Civic Center Tuesday, March 26, 1991 4. Countryside Library Tuesday, April 23, 1991 In keeping with past Commission direction, the proposed Town Meetings have been scheduled to being at 7:30 p.m. Please note the Morningside-Meadows Homeowners' Association requested to hold the October Town Meeting at Morningside Recreation Center. In the past, the Morningside Town Meeting was held in March. Commissioner Berfield indicated she will be unable to attend the October 23rd meeting and requested that the meeting be rescheduled, if possible. Declare Surplus approx. 57.3 acres in Hillsborough County for purpose of Land Swap for a parcel on Windward Passage in the City of Clearwater (PH) In April 1990, City staff received permission to seek appraisals on a parcel of land located at 205 Windward Passage, which is currently owned by Rex Harper, and for acreage in Hillsborough County owned by the City of Clearwater. The City owns approximately 914 acres of land, located north of Nine Eagles Golf Club on Patterson Road, that is currently being used as a sludge disposal area for the waste water treatment plants. The land can be declared to be surplus at this time without significantly impacting the City's short or long term sludge disposal requirements. The City owned land in Hillsborough County sought by Mr. Harper is valued at $7,500 per acre. Approximately 57.3 acres of the City owned land will be required to equal the value of the Windward Passage tract. A parcel of City land that Mr. Harper considered for exchange several months ago was valued at $6,500 per acre. Michael Wright, Assistant City Manager, stated the Hillsborough property now required is a smaller parcel than the original item had indicated. He stated that the other party has requested an option for a right-of-first-refusal on the remaining property in Hillsborough. This has not been finalized, as it is not a part of this agenda item. He indicated that we will want to close as soon as possible on this property and will need to do a survey. A question was raised regarding whether or not staff felt there would be a problem with obtaining a lease from the State for the small sliver of land needed to effect the Marina, should it be so desired on the Island Estates property. Staff indicated this should not be a problem. The meeting recessed from 11:13 a.m. to 11:21 a.m. Public Hearing & First Reading Ordinance #5019-90 - Rezoning and Master RPD 20.3 Site Plan for Post Harbor with Transfer of Development Rights; a parcel (10.544 acres) located S of SR 60, W side of Thornton Rd; William Brown Sub., Lots 10-12 and Bay Heights Sub., part of Lots 1-8 and vacated streets (Stowell/Post Florida Z 90-06, PSP 90-12) (PH) The request is for approval of a residential planned development for 197 multiple family units to be constructed on the 10.544 acre site, currently zoned RM-28 (3.955 acres) and RM 16 (6.589 acres). In order to encourage the protection of valuable environmental and open space areas on the site and allow the transfer of development rights across the land use classification boundary line and zoning district boundary line, the transfer of development rights is being requested. The rezoning is also being requested for the same reason and to accommodate a juxtapositioning of buildings with some exceptional setbacks or separation distances. The proposed density at 20.3 units per acre is based upon net acreage, as currently required by the Land Development Code. Since the City Commission meeting on August 2, 1990, buildings have been shifted in an effort to preserve additional specimen trees. The City's Urban Forester has reviewed the latest revised plan (received at the Development Review Committee meeting on August 30, 1990) and predicts that the impact on the specimen trees will be as follows: (1) 27 of the 39 specimen trees on the site will remain and should receive little or no impact; (2) 2 of the 39 specimen trees will be removed; (3) 5 of the 39 specimen trees will be impacted to the point where their survival is questionable; and (4) 5 of the 39 specimen trees will be pruned to the point where they will lose their specimen status. Jim Polatty, Planning and Development Director, emphasized that 27 of the 39 trees will be saved. Additional conditions placed on the site plan by DRC are an effort to save as many trees as possible. He emphasized that the developer has been very cooperative with the City in addressing these concerns. In response to a question, it was indicated that these will be rental units and not condominiums. Discussion ensued regarding condition #9, which allows a sign to placed on City right-of-way, remote from the actual property and concerns were expressed that a precedent would be set. The Planning and Development Director is to investigate this further before Thursday night. The basis of the concern is the allowance of off-premises identification signs and whether permitting this would result in additional requests throughout the City. Land Development Code Amendments Required by the Comprehensive Plan (PH) The following is a list of ten proposed amendments to the Land Development Code that are required by Comprehensive Plan Objectives or Policies. Ordinance Subject 5030-90 Transfers of development rights, guidelines 5031-90 Vegetative buffers, AL/I and AL/C zone borders 5032-90 Barrier islands, repair/reconstruction 5033-90 Conditional use standards, "consistent with community character" 5034-90 Marinas and marina facilities 5035-90 Public nuisances--excessive growth, debris 5036-90 Landscaping requirements 5037-90 Neighborhood/community utility facilities 5038-90 Historic preservation 5039-90 Post-disaster redevelopment 5040-90 Scenic corridors (Bayshore Boulevard), development requirements 5041-90 Transfer of development rights from open space, etc. The Planning and Zoning Board effectively recommended denial to Ordinance No. 5030-90 involving transfers of development rights (3 to 3 vote for approval). They also recommended denial to Ordinance No. 5039-90 concerning post-disaster redevelopment variances. The Planning and Development Director indicated he will be submitting comments to the Commission which have been submitted by the Planning and Zoning Board and the Development Code Adjustment Board. Ordinance 5030-90, regarding transfer of development rights, guidelines A concern was expressed regarding the use of the term "development practices." Ordinance 5031-90, vegetative buffers, AL/I and AL/C zone orders The Planning and Development Director indicated that the Development Code Adjustment Board wants to exempt properties with seawalls and to allow maintenance trimming of certain plants. Ordinance 5032-90, barrier islands, repair/reconstruction A concern was expressed regarding the language "seaward of the coastal hazard zone" and it was felt this should be changed to "within the coastal hazard zone." Ordinance 5034-90, marinas and marina facilities Concerns have been expressed regarding allowing pump out stations over water and it is now recommended that the ordinance be drafted in such a way as to prohibit holding tanks for pump out stations to be over water. Ordinance 5035-90, public nuisances--excessive growth, debris It was requested that airplanes be added to this ordinance. Ordinance 5036-90, landscaping requirements The Planning and Development Director indicated that the Development Code Adjustment Board felt greater allowance should be provided for the use of palm trees in meeting landscape requirements, particularly on the beach. Consensus of the Commission was to allow 75% of the requirement to be met through the use of palm trees on the beach area. Concern was expressed that the prohibition of using landscaped areas for display of automobiles and other items needed to be addressed in a more positive manner. Ordinance 5037-90, neighborhood/community utility facilities Mr. Polatty indicated that Florida Power had some concerns regarding the ordinance as proposed and this has been continued to allow staff to work with Florida Power to see if they can come up with acceptable language. Ordinance 5039-90, post-disaster redevelopment The Planning and Development Director indicated that both the Planning and Zoning and Development Code Adjustment Boards are recommending denial of this ordinance, as they feel prohibiting considering a storm a hardship in considering whether or not a variance should be granted was too strict. It was indicated that not adopting this ordinance would result in the language in the Comprehensive Plan prevailing, which would allow the storm which might have caused the application to be considered on a case by case basis. Ordinance 5041-90, transfer of development rights from open space, etc. Both the Planning and Zoning Board and the Development Code Adjustment Board continued this ordinance and it will need to be continued from Thursday night. Modification to the RPD Site Plan for Spring Lake, located on the E side of Keene Rd., S of Virginia St. (Jack Russell III PSP 83-28) (Consent P&P) On July 16, 1990, Jack Russell, III, requested City Commission consideration and interpretation of Commission Policy No. CC-31 concerning the acceptance of variance requests for Residential Planned Development (RPD) projects. Mr. Russell desires to construct an enclosed porch addition to the rear of his home at 2197 Springrain Drive (Lot 37) in the Spring Lake Residential Planned Development. The City Commission denied changing the City policy and stated that Mr. Russell could consider bringing his request back before them in the form of a site plan modification. Previous site plan approvals for this development required a minimum rear yard setback of 10 feet for principal residential structures with/without enclosure additions. A question was raised regarding why these particular lots were chosen for this. It was indicated that these lots have been developed with the largest building and that they all back up to common areas and not another lot. It was indicated that this will apply only to Spring Lake and that an amendment to the Land Development Code is going to be proposed which will withdraw staff authority to make changes to site plans. Verbal Reports The City Manager questioned whether or not the Commission wished to adopt a resolution supporting the Tampa Bay Regional Planning Council's request for a buffer zone which would place a moratorium on oil and gas exploration. Consensus of the Commission was to have a resolution drafted requesting at least a 30-mile buffer. Information was also requested regarding the State's position on this buffer. The City Manager reported that staff has been informed that for the October 4th meeting, only three Commissioners will be in attendance. Other City Attorney Items Draft Ordinance regarding the Airpark and the Airport Authority (WSO) The City Attorney indicated that the Commission could consider whether or not they wish to continue to call the Airpark Authority by that name or whether they wish to change it to an advisory board. He also indicated there was some question regarding whether or not all references to "airport" should be changed to "airpark." Consensus of the Commission was to change all references to "airpark" and to change the name of the board to advisory. A question was raised regarding whether or not this will affect State funding being sought for the airport. This will be investigated. Ordinance 5028-90 relating to Wild Animals and feeding thereof in City limits (WSO) The City Attorney indicated a request had been made that this ordinance be drafted. Consensus of the Commission was not to go forward with the ordinance. Other Commission Action Commissioner Nunamaker expressed concerns that due to the fact that many homes in the south County are valued at $30,000 or less, the bulk of taxes are paid by people on the barrier islands and northern Pinellas County. He requested support for a minimal tax. Commissioner Regulski also requested details regarding what happened in the City of Clearwater regarding what properties went up in value and which ones went down. Consensus of the Commission was for Commissioner Nunamaker to prepare a letter to the Legislative delegative regarding the minimal tax. Commissioner Regulski questioned the status of the citation ordinance for code enforcement. The City Attorney indicated that it has been redrafted several times and should be coming forward soon. Commissioner Regulski questioned whether or not the Commission wished to consider eliminating variances for signs, as we are in the last two years of the amortization period for the new sign code. Consensus of the Commission was for the City Attorney to draft an ordinance that would provide no variances to the sign code, but that requests could come to the City Commission. Commissioner Berfield questioned the status of the resolution regarding library fees for rental of facilities. Assistant City Manager Mike Wright indicated that this will be coming forward in mid-October and will include Parks and Recreation facilities. Commissioner Berfield questioned whether or not the City of Clearwater wished to support the practice of tying yellow ribbons around trees in support of the troops in Saudi Arabia. There was no consensus. She questioned what recourse an individual had whose property is to be rezoned and is receiving threats from the neighborhood. It was indicated this individual would have to file a complaint with the Police Department. Mayor Garvey requested some strategies regarding support for Amendment #3 on the November ballot. Commissioner Fitzgerald reported that the Suncoast League is working on this and that he is participating in the preparation of a videotape to support this. He stated the biggest problem is people understanding the wording of the ballot. Commissioner Nunamaker raised the issue regarding equalization of taxes again and stated he felt that religious organizations should also pay a minimal amount, whether it is a tax or a service fee. Some concern was expressed regarding this and consensus of the Commission was that they were not ready to pursue this at this time. The meeting adjourned at 1:14 p.m.