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08/03/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER August 3, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Also Present: Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The meeting was called to order at 9:56 a.m. (following the closed attorney client sessions) at City Hall. PUR PURCHASING Heuer Utility Contractors, Inc., first extension, installation polyethelene gas mains & service lines in Pinellas County, 8/7/98-9/30/99, est. $675,000 (GAS) Heuer Utility Contractors, Inc., first extension, installation of house piping to meet customer requirements in support of gas sales & operations, 8/7/98-9/30/99, est. $60,000 (GAS) Staff was requested to check the contract totals in the above two items. Natural Resources Planning Services, Inc., complete final phase City Street Tree Inventory, increase award from $6,200 to $21,200 (PW) In response to a question, it was indicated the inventory is to identify valuable trees. Declare items surplus to City needs & authorize disposal through donation to public schools & other charitable organizations as approved by City Manager, or disposal by Solid Waste; all items are of est. value of less than $100 and are not considered economically feasible to send to auction In response to questions, Purchasing Director George McKibben said a radar detector on the surplus list cannot be auctioned because it is inoperable. Many items on the list have little value, but must be declared surplus because collective value of the list exceeds $500. HR HUMAN RESOURCES Contract for health insurance, extension, with Prudential HealthCare, Inc., under a fully insured arrangement for 1/1/99-12/31/99, est. $3,855,196 Effective January 1, 1995 the City awarded the health insurance contract to Prudential. The City renewed the contract in 1996, 1997, and 1998 at or below the guaranteed rates. In 1997 the insurance option was changed from two tiers to three, reducing cost for employees with one dependent but increasing cost to employees with two or more dependents. The Commission approved using the Premium Stabilization Fund to offset half the increase for those with two or more dependents in 1997 and 1998. In 1998 the Premium Stabilization Fund was also used to offset the 1.5% increase for the entire plan, keeping employee deduction at the 1997 level. For 1999, the City’s insurance consultant, Wittner & Company, negotiated a zero percent renewal rate with Prudential. The Insurance Committee recommends the City renew with Prudential and continue to use the Premium Stabilization Fund to offset half the biweekly premium for employees with two or more dependents and to continue holding premiums at the 1998 rate. A separate agenda item recommends continued use of the Premium Stabilization Fund. For FY 1998/99 the City’s budget estimate of $2,580 per regular full-time employee per year includes $108.72 per employee for the mental health and substance abuse carve out. Responding to a comment about recent HMO publicity, City Manager Mike Roberto said the contract seems to be acceptable. The City tries to avoid changing insurance companies. Approve continued use of Premium Stabilization Fund to offset ½ of biweekly premium for employees with 2 or more dependents for 1/1/99-12/31/99, est. $173,952 resulting in zero increase in employee health insurance deductions for 1999 calendar year Effective January 1, 1997 the City’s health insurance option changed from two-tiered (employee and employee plus family) to three-tiered (employee, employee plus one dependent, and employee plus two or more dependents.) The change reduced cost for employees with one dependent but significantly increased cost to employees with two or more dependents. The 1997 biweekly rates for employees with two or more Dependents in the HMO plan increased 35%. Rates for employees with two or more dependents in the Point of Service plan increased 31%. The Insurance Committee recommended, and the Commission approved, using a portion of the Premium Stabilization Fund to offset half the increase for the past two years. In 1998 the approval included offsetting a 1.5% rate increase. The Premium stabilization Fund currently has a balance of $2,613,244. The Insurance Committee recommends continuing the Health insurance premium subsidy from the Premium Stabilization Fund for employees with two or more dependents and to continue to hold premiums at the 1998 rate. Staff was requested to determine whether the projected $173,952 subsidy from the Premium Stabilization Fund was the same last year. It was indicated the subsidy goes toward the employees’ contribution. PD POLICE Addendum No.1 to Agreement with School Board of Pinellas County, providing for continuation of School Resource Officer Program for 1998-99 school year, at Clearwater High School & Countryside High School (Consent) The 1997 agreement requires the City to provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. The assigned officers provide instruction, serve as resource persons, conduct investigations, provide security, maintain peace, make arrests, and provide support services. The School Board will reimburse the City $32,319.34 per school resource officer, or a total of $64,638.68 for the 1998/99 contract term; a 3% increase over the previous year. Payments are in quarterly installments. Overtime costs related to school functions will be reimbursed to the City by the School Board. The difference between actual costs and the amount reimbursed is offset by benefits of the program. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since 1985 and to Countryside High School since 1986. In response to questions, the City Manager said 5.6 school crossing guards in the Police Department’s budget proposal are separate from the School Resource Officer program. Concerns were expressed cost of the crossing guards is not reimbursable, and cost of not busing is being passed to the City. Staff was requested for a list of the sites served by the new crossing guards. PW PUBLIC WORKS Res. #98-36 - authorizing execution of a Joint Project Agreement with FDOT providing for reimbursement to the City of $214,104 for the City to install decorative signal assemblies along SR60 in keeping with revitalization of Gulf to Bay corridor The Department of Transportation (DOT) resurfacing project for State Road 60 includes signals. The City has requested DOT exclude the signal work. The City will construct decorative signal assemblies in keeping with Gulf-To-Bay corridor revitalization. The DOT has agreed to contribute to the City's construction cost under a Joint Project Agreement, sum not to exceed $214,104. The reimbursement will be single lump sum payment made after DOT has inspected and accepted project-related expenses incurred by the City and reflected by paid invoices. Public Works Administrator Rich Baier responded to questions, stating cost estimates will depend on the design chosen. The item will come back August 17. The DOT has removed the signal at Garden Avenue and Drew Street. Street signs on mast arms are oriented to vehicular traffic; signs remaining at street level are more beneficial for pedestrians and will be converted to the blue color. Signs knocked crooked by vandals are being straightened. CM ADMINISTRATION Authorize City Attorney to execute a contract with Siemon, Larsen & Marsh to provide professional services relating to the redevelopment and revitalization of Clearwater Beach and Downtown Clearwater for $445,900 On June 18, 1998, the Commission authorized staff to enter negotiations with consulting firm Siemon, Larsen & Marsh. Scope of services to be completed prior to February 1, 1999, for Clearwater beach and downtown includes: a) professional services, opinions, and solutions for preparation and implementation of a strategic redevelopment and revitalization program; b) providing urban design, preliminary road design plans; design standards, design strategy, review, and assessment of contracts for various city improvements; c) examining and recommending solution refinement and implementation schedule for the existing downtown and beach conceptual plans, including preliminary design with specific details regarding pavement widths, parking, sidewalk patterns, landscape treatments, street furniture, design standards, and other urban design services; d) developing national and international design, marketing, investment strategies, and land acquisition and assembly cost estimates; e) performing and/or providing architectural planning, general planning, and project management for large and small projects through the implementation phase. Deputy City Manager Rick Hedrick noted the importance of creating a sound design that reflects the marketplace when dealing with public dollars. The consulting firm brings marketplace knowledge and experience. The City will maintain control. Concern was expressed with the proposed increase over the original estimate of $350,000 to $400,000. Deputy City Manager Rick Hedrick stated due to the schedule and the inclusion of a lot of public contact, this was the best price that could be negotiated. In response to concerns that the contract included getting the development community involved, consultant Charles Siemon explained there will be two development contacts, one to confirm community expectations and the other to stimulate interest in investment opportunities. He stated the development community is most interested in what the City will do, its commitments, and time frame. An analysis of General Fund Unappropriated Retained Earnings was requested. Consultants will bill the City at completion of each task. The bulk of the funding is available this fiscal year and will be carried over to the next contract date of September 30, 1999. Mr. Siemon emphasized action is needed in order to have credibility and the public wants to see shovels in the ground. It was noted changes could occur, but any change in project scope would require an amendment to come back to the Commission. In response to a question why no dollars were allocated to consensus building, Mr. Siemon said they are imbedded in the projects. Concerning the task list, Mr. Siemon said the beach and downtown plans run concurrently. No completion dates are listed, but a monthly report to the Commission is built into the process. Questioned whether 13 months will be enough time to complete the scope of services, Mr. Siemon said he is prepared to move quickly. City Manager Employment Agreement The City Manager was selected on May 15, 1997, and entered into an employment agreement effective July 23, 1997. A new agreement was drafted to establish a set date for lump sum cash payment should termination occur, increase base salary from $104,000 to $110,000, increase the City's contribution to the deferred compensation retirement plan from 15% to 18% of his base salary, provide full payment of certain insurance policy premiums, update travel, relocation and housing related expense provisions, establish an effective date of October 1, 1998, and provide for annual renewal. General discussion ensued regarding the City Manager’s salary and benefit package. Concerns were expressed with the request to increase deferred compensation retirement benefits from 15% to 18% of base salary, and timing of bringing forward this issue now, instead of waiting until October for a performance and salary review. Mr. Roberto said he looked at the entire package, seeking a balance between pay and benefits. Most felt the salary request was appropriate for the position. It was indicated the residency requirement is in the Charter. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6303-98 - LDCA to allow transit shelters with advertising The City of Clearwater negotiated a settlement with Eller Media which required the City to consider and adopt an ordinance relating to transit shelters and transit shelter signs. Adoption of the proposed ordinance would: 1) require shelters on the same side of the street to be placed 1000 feet apart; 2) allow shelters in commercial, office, or industrial zoning districts or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts; 3) allow back-lit signs on the "downstream” end wall of the shelter, and limit signage area to 24 square feet; and 4) limit number of shelters with advertising to a total of 50. The City Attorney stated she prepared an amendment as directed at the last meeting, but has not heard from Eller regarding whether they accept the limit of 50 on the number of shelters with advertising. She expected to hear from them before Thursday. In response to a question, she said shelters are not allowed in single family districts, but are permitted in multi-family next to certain uses. Agreements, Deeds and Easements Landscaping & utility easement - Part of Lot 7 & 39, Blk A, Barbour Morrow Sub. (Huntington National Bank)(Consent) Staff was requested to provide the physical address and to clarify reason for the easement. Third Amendment to Development Agreement – Sale of Atrium at Clearwater Property In conjunction with sale of the Atrium at Clearwater property, the Atrium has requested an amendment to the development agreement dated July 14, 1983, as subsequently amended. The proposed amendment deletes conditions from the original development agreement which have been satisfied and retains the ongoing commitments of the parties. The amendment also acknowledges and consents to transfer of the property as required by the development agreement. Requested for clarification, the City Attorney said the City needs to consent to the sale by completing details of the agreement and reaffirming those details still in effect. OTHER CITY ATTORNEY ITEMS Receipt/Referral - Relating to LDC; amending Sec. 35.11, various sections in Ch. 40, & 41.053; and creating Sec. 41.281 to establish standards for the siting, design, maintenance, and use of telecommunications towers and antennas (Consent) The federal Telecommunications Act of 1996 contains provisions related to local zoning of telecommunications towers, antennas, and related facilities. It is recommended that the City’s Land Development Code be updated to reflect these federal provisions, as well as to set forth specific design standards for the facilities and to encourage their joint use through collocation. The current zoning provisions do not specifically address telecommunications towers and antennas; they are treated as “utility facilities” with regard to location and as any other structure with regard to height, setback, and other dimensional requirements. The proposed ordinance provides for location, type of use, supplementary standards for conditional uses, joint use practices, design standards, encourages use of “stealth construction”, requires code compliance, and removal of abandoned towers/antennas. Draft versions of the ordinance have been reviewed extensively by the City’s staff telecommunications committee. Industry input has been obtained in two meetings with representatives of service providers. Because of an increasing number of tower applications, adoption of this ordinance is recommended prior to the generalized Land Develop Code revisions. Assistant City Attorney Leslie Dougall-Sides reviewed the need for the ordinance and the history of its preparation. She addressed comments concerning use of the term “stealth technology” to describe structures that blend with their surroundings. Staff will look at clarifying definition of the term. In response to questions, Ms. Dougall-Sides said the ordinance is as strict as it can be under the Telecommunications Act. In response to concerns with towers in districts bordering residential properties, she said conditional uses have to be reviewed in terms of compatibility with surroundings. Discussion ensued regarding the City’s inability to limit the number or concentration of towers if collocation is not possible and denial would preclude service for the entire area. Request for attorney/client session on 9/3/98 at 5:00 p.m. regarding Ewa Skowronek vs City of Clearwater; Clearwater Police Department; and John Smith Consensus was to place the item on Thursday’s consent agenda. City Manager Verbal Reports The City Manager discussed recent internal changes that have become necessary as the focus of One City. One Future. has increased demands on the City organization and budget. He reviewed streamlining that was done to eliminate overlapping responsibilities, moving toward operations that have logical inter-relationship. He indicated he is reducing the number of people that report to him. Focus is on accountability. Department heads are responsible for determining how to “get it done.” He gave examples of how the changes affect Parks and Recreation, the Marina, and Central Permitting. He discussed how to achieve balance with diverse management styles. Commission Discussion Items December 98/January 99 Meeting In a July 10 memo, City Clerk Cynthia Goudeau suggested changing the Commission meeting schedule as follows: Change the December 3, 1998, meeting to December 10, 1998 and change the work session from November 30 to December 7. This would allow commission members to attend the National League of Cities Congress and Exposition in Kansas City without missing or canceling a meeting. Another suggestion was to cancel the January 7, 1999, meeting and January 4 work session. This would do away with producing and reviewing an agenda packet during a time when many people are away, allowing everyone to enjoy the holiday season. Having one meeting in January, 1998, did not adversely impact City business. Consensus was to place this item on the consent agenda. Other Commission Action Commissioner Clark congratulated City Manager Roberto and Assistant City Manager Keller for the article in the Maddox report. Commissioner Hooper referred to a memo commending Mohammed Abdur-Rahim, thanking him for better customer service. Commissioner Johnson thanked Pinellas County Commission Barbara Sheen Todd for her letter to Mr. Keller regarding economic development. He thanked Mayor Garvey for her letter regarding tourism promotion. He requested consideration of City Commission salary increases be agendaed for an upcoming meeting. He appreciated a PSTA letter regarding benches, and a letter regarding FEMA information. He questioned whether the Planning and Zoning Board approved Majestic Corporation remaining open until 3:00 a.m. and allowing bikini contests. Staff will check into allowable closing times, according to City and County ordinance. Commission Seel expressed concern regarding the Board of Adjustment and Appeals on Building/Flood continuing to grant extensions of the time allowed to bring unsafe buildings into compliance. She congratulated the Fire Department regarding Safety Village grant. She complimented the new JMC project at the Grand on Sand Key, noting the price range on the new units will be a nice economic boost to the City. She will place a Tampa Bay Business Journal article about City Manager Michael Roberto into the commission read file. Adjourn The meeting adjourned at 11:42 a.m.