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05/17/1993 (2) . '~ .' ';e :.; :". : .' ,,: . J . \ . 'e' ~ .' .,' i " . .' . ~\...,~~. 'i. .. '\.'g.~ "-." ,_ .~ '~',,' . ... . ""'10 a I " . :,,' i " WORKSESSION City Commission Worksession Minutes '. : ,', '~O Date -/- - '- ~ 157 .' 'oJ. .~ --..-.........,,\j..~~ .... I'; ~ ' ,~1- .~.. ~. . . ' . . I . '.. .. J ' . . .' .'. ." 1"" ~ . . I, ~,'. . . ,,'" ',; CITY COMMISSION WORK SESSION ~ '.' J May 17, 1993 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Richard Fitzgerald Sue A. Berfield Lee Regulski Arthur X. Deegan Mayor/Comm issioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present were: Michael J. Wright M. A. Galbraith, Jr. Cynthia E. Goudeau City Manager City Attorney City Clerk The Mayor called the meeting to order at 10:00 a.m. and the following items were discussed. Service Awards \'~""} ~\~ ' Five service awards were presented to City employees. Drew Street PD&E study proiect update by Post. Buckley, Schuh & Jerniqan (WSO) Mahshid Arasteh. Project Manager, stated a public workshop regarding Drew Street widening is planned for June 17 at Oak Grove Middle School from 2:30-8:30 p.m. Information, to be provided via aerials, display boards, and a sUde show, will include alternatives currently being studied, plus environmental, historical, business. and traffic impacts. There will be handouts which include a public comments sheet, which will be compiled into a report. James Kennedy. Vice President, Post, Buckley, Schuh & Jernigan reviewed the status of the project. He stated the whole process takes 6-1/2 to 8 yrs. The schedule for project design and engineering includes project coordinationt scope update, pUblic input. environmental and engineering analyses. Alternatives suggested for Drew Street include 1) a 90 foot right-of-way west to NE Coachman (this is currently 55-90'); 2) two lanes and a bike lane; or 3) making three . segments to compensate for inadequate drainage at the east end and extreme congestion and capacity problems requiring different levels of service. The projected costs are $2 million per mile for construction and.$10-12 million for rights-of~way acquisition. With the current ten foot substandard lanes on Cleveland Street, the one way pair option using Drew ~...J and Cleveland Streets will lead to a D&E level of service by 2015. mlnws05b.93 1 5/17/93 . <' , . , . L . .' . . ..1. ~ , .' , ;"""') , In response to a question regarding the proposed configuration, Mr. Kennedy stated the three lanes each way will require 40 feet of pavement. Regarding the portion of Cleveland Street that has on-street parking, he stated that is not a problem. A concern was expressed regarding the public meeting being scheduled on a day the City Commission has a regular meeting. The majority expressed interest in attending the public information meeting, and requested it be rescheduled. City Commission recessed from 10:45 - 10:55 Utilitv back billinQ policies (AS) In January, 19931 a work team was established to review utility billing policies and customer service issues. The Team's goal was to accomplish the following: 1) review of policies that are most controversial to customers, 2) discuss policy options, 3) bring the team's recommendations to the City Manager and the City Commission for affirmation or further direction and 4) enable City staff, management and City Commissioners to have a common understanding of the policies and reasons for them. Currently, the City does backbiJling for all services provide. We will not backbill for more than twelve months, except in cases of unauthorized or fraudulent use. Payment arrangements can be made for the same time period during which the under charge occurred. The customer may appeal to the City Manager. j :".,,>~ "IJt.'" In the event of overbilling, the City refunds the overcharge for the period during which the overcharge occurred based an available records, with the exception of stormwater where refunds are limited to twelve months. Stormwater utility is the only.one that addresses a time frame for backbilling and provides for one year. Neighboring governments have been contacted regarding their backbilling policies. Pinellas county backbills or credits accounts for no more than three years. In Dunedin, backbilling is a management decision but is usually for no more than a one year period. In S1. Petersburg, backbilling is a management decision, but is limited to commercial accounts. Private gas and electric companies are covered by the Public Service Commission, and their regulations establish a backbilling policy similar to Clearwater's. Services delivered that are not billed for impact the costs of the system and, if they are not charged to the customer, they must be spread to all customers. It is staff's recommendation that customers be backbilled in all cases except those in which a reasonable person would not know that the service was being delivered. Staff recommends a proposed policy as follows: 1) Backbill for services provided for the period billed in error not to exceed one year except in cases of unauthorized or fraudulent use. In these cases, backbill for the entire period. u minws05b.93 2 5f17f93 -, . '" , . ~ ..' . . . ..' '. ,"- . ~.. 3) In crediting an account except for stormwaterj we propose to credit for the period of the overbilling up to three years or for as long as reasonable verifiable records are available. Stormwater will be limited to twelve months due to the administrative costs in computing past charges. Customers may appeal to the City Manager who may reduce the period of backbilling or waive same. 2) ~ ! In response to a question regarding customer satisfaction, it was stated most cases are settled within the Utilities Customer Service Division. The are several difficult cases pending in which the client did hbt know they were receiving the services. This mostly occurs when the party has a larger meter than they knew they had. In this type case, the City Manager has the authority to either waive or shorten the payment. In response to a question regarding whether the need to backbill is due to City staff error or inefficiency or the customer, it was stated most of the errors are staff errors. There are some instances where the customer knows they are getting a service, and they aren't being billed. A question was raised regarding wherej if the City has a right to charge a customer for a staff mistake, is staff's accountability. It was stated their program goals regarding the acquracy of bills will establish an accountability. It was stated everything billed is a service already received. 1~;J Discussion further ensued regarding the need for accountability for errors. It was stated of 494,000 bills sent out and $55 million collected, only $181,00 was for customer backbilling. It was stated St. Petersburg only backbills on commercial where you have a high impact. It was suggested Clearwater do the same or reduce the length of time for backbilling from 9 months to 12 months. It was reiterated staff needs to be more accountable. It was stated it is often hard to tell where the error comes from. In 1991. a computer conversion brought forth the transfer of information, along with any errors that already existed and happened years ago. Some of these errors are being found as the data is audited. The proposal gives the City Manager more flexibility in dealing with situations individually. A question was raised if the current practice is as on page 4 of the proposal, in the top paragraph, where it states it is the "recommendation of staff that customers be backbilled except in those cases whereas ..." It was stated that Is not being done right now; we are backbilling everybody. whatever the circumstance. The customer can appeall which is where the circumstance would be considered. \.J minws05b.93 3 5/17/93 . ... '" ~.' . ~ . " . I . ,.. . ~ I ,,""' f j Further discussion ensued regarding whether or not to continue backbilling on all errorst leaving the customer the option to appeal to the City Manager, or determine on a case by case basis whether to backbill. Concern was expressed that this results In a judgement call by staff. ' Regarding the idea of reducing the backbilling period to 90 days, it was asked how long it takes to discover an error. It was stated to complete the process, it can take up to 90 days; to discover problems can take years. Some of the errors discovered are 20 years old. Regarding payback, it was suggested it be limited to one yearJs worth of error as it is for backbilling. It was felt the policy needs to be consistent in this regard. Consensus was to leave the policy as proposed. Res. #93-29 - authorizinq City Manaqer to act as City's aqent authorized to execute Public Assistance documents and aqreements necessary to apply for and receive public disaster funding for the March 13, 1993 so-called tlStorm of the Centurytl (EM) On March 13) 1993t a severe storm struck the Florida West Coast. The "na-namelt storm, dubbed the I1Storm of the Century" caused more than $300tOOO in reportable damage to Clearwater in terms of damaged city equipment and facilities, increased personnel and other operational costs. I ".J ."~,,,.. A Presidential Disaster Declaration was' made following the storm, making all of Pinellas County, among others, eligible for Federal Disaster Assistance. On March 19, the City filed a Notice 'of Interestt indicating the City of Clearwater intended to apply for reimbursement of those costs incurred because af the March 13th storm. Following this official notice, the Federal Emergency Management Agency (FEMA) inspection team, working with the CityJs Emergency Services Coordinator and other city staff, filed 12 Damage Survey Reports (DSRs) totalling $315,602. If all DSRs are approved for reimbursement, the City could recover as much as $237,000 from the Federal government (75%) and $39,000 from the State (12 1/2%). The State has advised that a Disaster Relief Funding Agreement approving reimbursement of Clearwater's storm costs is ready for execution by the City1s authorized agent. A resolution designating the City Manager as the applicant's (City's) agent is necessary to allow the execution of the Disaster Relief Funding Agreement with the State and FEMA and enable execution of follow-on funding documents. The City Manager stated this includes $75,000 being sought for Turner and Magnolia Street docks, and questioned whether the Commission desired to replace these docks. He expressed concern regarding cost and difficulty acquiring the necessary permit. ~ ~ ~ minws05b.93 4 5/17/93 . '" ." '" .'. . . . .'. ."" ,'" In response to a question regarding the cost to replace the docks. it was stated it is not yet known. It was stated funds will be received in advance for repairs under $41,300; and a record of expense is required. It;s anticipated the Turner Street Dock will cost approximately $23,000. It was felt citizen input regarding dock replacement is needed. C.O. to increase the authorized amount on Purchase Order #05229 by $187,600 due to hiqh customer demand for new Qas mains and services. resulting in a new contract total of $563.450 (GAS) The Clearwater Gas System originally budgeted for installing 9 miles of new gas main, replacing 2.5 miles of existing gas main and installing 400 new service lines during the contract period. The Gas System has installed to date 14.6 miles of new main. replaced 2.5 miles of existing main and installed 275 new service lines. An additional 150 new customers is projected for this year which will require additional funding for this contract. A summary of the increase request is as follows: ';....\ t '~~1r,.f OriQinal Budget Accomplished This Request Total Main replacement 2.5 miles 2.5 miles 1.5 miles 4 miles New Main 9.0 miles 14.6 miles 4.4 miles 19 miles New Service Lines 400 275 275 550 Cost $375,850 $375,850 $187,600 $563,450 Each gas main installed to serve new customer requests must meet the Gas System's main extension feasibility calculation. This calculation considers all costs and revenues related to each project. A seven year, or less. payback on costs must be realized in order to approve the project for construction. This period requires a 14% minimum annual return on investment. Therefore1 all work done on this contract will meet the feasibility calculation. In order to continue serving new customer requests for the remainder of the contract period, we recommend that this change order request be approved. The approved additional funds will be used for installation of new gas mains, service lines, jack and bores, sod, asphalt, concrete and related construction. In response to a question regarding the cost per mile, Terry Neenan, Gas Superintendentt stated each job is different It can't be determined exactly how much supplies will be neededt but each job costs out to about 14%. He stated they pay a per foot price for each 2" main; the variable has to do with concrete, bricks, jack and bore. He stated they laid 14.6 new miles of main (5.6 over estimated budget amount) but did 125 less services. The new mains includes two subdivisions from which new accounts are received. ~...I In response to a question whether there was a change in the unit price! it was stated there is no change in the basic unit price. It is unlike a road project where all the criteria is known and the contractor is held to their bid. When a new customer is acquired, the cost can be determined based on unit prices and determination of return. minws05b.93 5 5/17/93 . {. . .' - ~ . : ' I . .... I . ~ . L , . . ............. ! In response to a question .regarding the reference of 275 new customers, Mr. Neenan stated there are 80 customers waiting, and it is anticipated another 160 will be added prior to the end of the contract. In response to a question regarding whether staff has tried to work with PST A (Pinellas Suncoast Transit Authority) in Lonverting their buses to gas from diesel, Mr. Neenan stated he has met with them several times. The biggest problem is their refueling terminals are in People's Gas territory. He stated Clearwater could get a fastfill station for the Jolley Trolley. There is new technology coming out on dedicated diesel engines on natural gas. Also, there is a kit that can convert the buses to natural gas, which is being tried in North Dade County. It was stated Florida Power and Neighborly Senior Services both have stations. Discussion ensued regarding possibilities of City fueling stations. In response to a question regarding whether territories are set zones, Mr. Neenan stated nothing is established; cost effectiveness determines the feasibility of having a station. It was stated there was some talk by PST A as to whether we could be the supplier in north county. The problem seemed to be the time it takes to convert the buses. ..', ~ '. l.,;,vi.. It was stated a major gas initiative, as part of the upcoming budget, is to recruit fleets. It is more difficult to convert a diesel, rather than a gasoline, engine. Also, there is a large cost difference between a fastfill and slowfill station. We would like to target fleets such as the municipal phone company, United Parcel Service, and Federal Express, which stay within a geographic area so they can slow fill at night. This will be discussed in more detail in a couple months. Discussion ensued regarding why the City is moving sloWly in converting its own vehicles. A concern was expressed regarding the City promoting it and not changing its own vehicles. Mr. Neenan stated technology is changing, and it is preferred someone else try it out first. The City was the first company to put compressed natural gas in vehicles, but the tanks were too big then. Today, you still have approximately 10Q-125 mile range per day, and can then refuel at night. There is a two year old system called a fuel maker that can fuel two vehicles at a time for about a $4-5,000 investment, plus a per vehicle cost of approximately $3,000, thereby entering the natural gas arena for about $11,000. Approval of letter of intent with Pinellas Private Industry Council (PIC) to establish a pUblic/private partners job proQram for 130 Clearwater residents for $158,800 (Clwr Summer Youth Employment Proqram) (HM) This program was begun last year and was placed in the budget again for this year. The Private Industry Council will hire, pay and place teenagers in private sector jobs. The youth will be employees of the Private Industry Council with a work site at a private business. This allows the PIC to pay for workers' compensation insurance and other employee cost, such as payroll expenses. \J minws05b.93 6 5/17/93 .. . . ~ .. ,". '1 . ... !",':':' The plan is to place 130 youth in private sector jobs citYWide. The jobs will have 30 hour work weeks and will last from June 21 through August 6, 1993. Targeted ages will be ............. (: 17 to 23 year aids and targeted areas will be Greenwood and Condon Gardens. At least 26 of the youth will be from low to moderate income families. Fifteen of the youth will be Clearwater Youth Builders' participants and identified as at-risk students enrolled in a Pinellas County school. The Chamber of Commerce is helping to identify jobs from the private sector. All participants will be involved in career exploration activities and employability skills workshops provided by the PIC. This program differs from the Federal and State summer youth programs in that those funds can only be used in government or non-profit agency jobs. Deputy City Manager Kathy Rice stated staff is working more closely with the 'Chamber. Money left over from last year will help provide more training and counseling, which were identified last year as areas for which more attention was needed. It was requested a chart indicating weekly statistics of last year's program, including number of students placed and how much money was disbursed to students and to Vo~ Tech, be provided prior to Thursday's meeting. VC.J I..,~) Concern was expressed regarding attendance of the students, and a lack of sufficient follow-up. It was stated a survey was sent to the employers, but the response was minimal. Students only received pay for the hours worked. There are currently about 130 slots where employers have agreed to take students this year. City staff does not intend to provide slots this year. This year~s orientation will be with smaller groups, and there will be employability skills training. Time cards will be retrieved and checked regularly. In response to a question regarding employer counseling, it was stated they will be counseled about the program. In response to a question regarding at least 26 of the 130 slots to be filled with low to moderate income families, it was stated the Federal program helps people on the poverty level. Although we are targeting areas, it will also be made available citywide so that other low income children may apply. Eighty percent of the slots will be available to those in the Greenwood area, with twenty percent being made available to low income students from other areas of the city. A question was raised regarding where the money, beyond the students' salaries, is spent. It was stated costs include 7.65% to FICA, workers compensation, benefits, screening and referral, payroll services, time sheets and operating supplies. In response to a question, it was stated North & South Greenwood and Condon \~ Gardens are being targeted, however. it is open to all city residents. minws05b.93 7 5/17/93 . . ' - , . . . .' , '. I' " / . '\ . - " ~ I " ~~.~ :' : ,~ , " Approval of RFP to solicit responses from social service aqencies interested in competing for City social service fundinQ of $62.000 for FY 1993~94 (HM) In the past, City social service funds were granted to the same agencies year after year. Effective FY 1993, agencies receiving funding were advised that they would have to compete for future City social service dollars. This Request for Proposal places special emphasis on agencies requesting City social service funding as matching dollars for monies obtained through other sources. This emphasis furthers the City's limited dollars by assisting agencies to obtain two (or more) dollars for every dollar the City grants, thereby enhancing available dollars for services to City of Clearwater residents. A Selection Review Committee will rate all qualified proposals. This committee will be made up of social service workers who are knowledgeable about local agencies and social service needs. Deputy City Manager Kathy Rice stated a more formalized process for reviewing requests for funds was requested. If the RFP is approved, staff will come back with a list of high priorities as determined using ICOPE and other studies. In response to a question regarding goals and objectivesj Ms. Rice stated in the scope of the program, agencies will be asked to list its goals and objectives. ., ...\ ~"...~,o#l A summary of the ICOPE study will be provided to the City Commission. City Commission recessed from 3:20 - 3:30 p.m. Extension of contract with The Police Law Institute. Oakdale, Iowa. for the period 7/1/93- 6/30/94. to provide a computer based State and Federal Law traininq proqram. for $24,000 (PO) On May 7, 1992, the City Commission approved a contract with the Police Law Institute to provide computer based legal training. The current contract expires June 30, 1993, and the Police Department is requesting, for the fifth consecutive year, this contract be renewed for one year of training to all sworn officers and Police Service Technicians. The Police Law Institute is the sole provider for this type of training. The computer based training concept has been very instrumental ;n aSSisting the Police Department accomplish its training mission. Although there are many benefits to computer based trainingj it has directly benefitted two crucial areas of concern to the department and the city. The quality of legal training being performed has reduced the potential for civil liability. Additionally, the department is able to apply the' training term toward an officer's mandatory retraining time, of which each officer must complete a minimum of 40 hours every four years as required by the State of Florida, Criminal Justice Standards and Training Commission. \~ minws05b.93 8 5f17/93 r:-.~ ,.-..'.'..01' . ,0 The training, which is performed on a laptop computer, approximately one hour a month, has dealt with such issues as stop and frisk. use of force, arrest situations, escapes, new laws, interrogation, and search and seizure. Officers are able to perform the training on an onwduty basis, thus, avoiding overtime expense, contractual instructors and out-ofwcity travel. In response to questions, Chief Klein stated the training is all via software. Aareement with Pinellas County Sheriff to provide latent finQerprint examination and related services for the period 1/1/93-12/31/93 for $44.525.64 (PO) Fingerprints are one of the most valuable forms of physical evidence, particularly to identification, taken from a crime scene. To develop an identification from a fingerprint, a latent print must be lifted from a crime scene and compared to known prints on file. The comparison must be made by an expert fingerprint technician. To qualify as an expert, a technician must have formal training in the sciences of fingerprinting and photography plus several years of practical experience, including court testimony. ,1;'" '~"'., .......1 The PineHas County Sheriffs Office has an excellent Identification Section, including the Automated Fingerprint Identification System (A.F.I.S.), which is linked by computer to the files of the Florida Department of Law Enforcement. In 1989/90, the Police Department negotiated its first contract with the Pinellas County Sheriff for these fingerprint and related services for an annual fee of $33,585. It was renewed in 1990191 and again in 1992' at a cost of $34,837.57 per year. Since the expiration of the last contract on January 1, 1993, the Sheriff's Office has been performing the same services in good faith pending the outcome of negotiations for renewal. Concurrently, the Police Department began receiving the Sheriff's justifications for the proposed increase of $9,687.07. Our analysis found that there was, in fact, a significant increase in our demands for service and that the additional costs properly reflect the actual personal services expenditures for the Sheriff's Department's employee assigned to service our contract. The agreement includes the services of a full time latent firJgerprint examiner, with additional assistance on complex cases, if necessary. The Police Department has been most pleased with the services provided by the Sheriffs Office during the previous contracts as well as the services provided since January 1, 1993. ~ J ""'!I' minws05b.93 9 5/17/93 . .' '. .' . , \ I ... ",,t', , . In response to a question regarding the increase in cost, Chief Klein stated they have intentionally held the price for the past two years as we were negotiating the crime scene contract. They now have a full time person assigned, and it is anticipated it will go up to 11,4 persons next year based on the volume we are sending them. In response to a question regarding Item B on the second page of the agreement, he stated the person designated as the City's liaison is Detective Captain Palombo. First Readinq Ord. #5367w93 - revisions to Ch. 52 re: tree protection & Res. #93-32 - revising schedule of fees for tree removal permits (PW) ,\ The tree protection ordinance was last revised in the early 1970's. Since that time, various areas of concern relating to administration have been encountered. One area unregulated is excessive pruning or topping of trees resulting in the ultimate decline of the tree. The proposed revisions provide additional tree protection requirements relating to the pruning or topping of trees. Another area of concern is the City's inability to regulate or monitor the pruning of mangroves. Due to recent changes in State mangrove protection rules which significantly limit the State's ability to regulate mangrove pruning, we are expecting an increase in this activity. The proposed revisions will now require city permits for any pruning of mangroves. t:~:} In addition, it has become apparent that the revenue produced from tree removal permit application fees are insufficient to recover the application processing costs. For example, in FY 1991/92 the total revenues were $4695.00, while the processing cost to the city was $7,415. This trend has continued during the first 1/2 of ,FY 1992/93, with revenues of $1,452 and costs of $3,030. Consequently, the present fee of $3.00 per tree is proposed to be increased to $15.00 per application for up to five trees to be removed, plus an additional $3.00 per tree for every tree removed above five trees. Other governments' basic rate structures are as follows: - Pinellas County - $50 + $25/acre over 10 acres - City of Tampa - $25 up to 3 trees, then $5/tree - City of Pinellas Park - $20/acre, $40 over 1 acre - City of Largo - $20 unlimited trees - City of St. Petersburg - $10 unlimited trees - City of Dunedin - $5 unlimited trees In response to questions, Tom MiIlert Assistant Director, Public Works Environmental, stated the City code can be mare restrictive than the state, but not less. Mayor Garvey expressed concern regarding protection of mangroves. Mr. Miller stated 75% of the mangroves have been lost, contributing to water quality problems. In certain instances where the property owner wants to see the water, mangroves can be managed. Staff will assist citizens if they apply for a permit. ~.J Commissioner Thomas expressed that the intention is to 1) keep as many trees as possible and 2) get as much money as possible for removal of trees. He felt the fee was not high enough. minws05b.93 10 5/17/93 , , I'~ '," .. . i , I..., '.' . '. . :"". . /""*) The City Manager stated the cost to the citizen is just to cover the actual cost, not to penalize the citizens. In response to a question regarding the penalty for removing a tree without a permit, it was stated it is a civil charge fixed by ordinancel and has a $30 fine; penalty for a criminal charge (Willful violation), set by the court of law, can be reimbursement for the value of the tree. Responding to a question regarding the fee, it was stated it covers the cost of permit application and inspection. In response to a question regarding selective trimming, it was stated selective pruning is not regulated by code. Removal of 30% or greater of the canopy needs a perm it. It was stated a new rule allows sculpting to eliminate chopping the top off, which leads to killing of a tree. Discussion ensued regarding pruning by utility companies, and it was stated they also would need a permit if trimming more than 30%. In response to a question regarding enforcement of the ordinance, it was stated if a citizen calls with questions about a tree, an inspector will be there within an hour. There isn't any systematic monitoring, but it will be enforced when informed of the need. It was suggested cross-training be instituted for all inspectors to enforce all the codes. .\;. l.~j7'~lfr A question was raised regarding the recommendations of the Environmental Advisory Committee being included in the ordinance. Staff will review. A question was raised regarding the definition of "decline" in paragraph 3, page 4. It was stated the declining state of a tree refers to its health and ability to increase in size. It was stated it can take a long time for a tree to die during a state of "decline". In response to a question regarding mangroves, it was stated a permit is needed to trim any part of a mangrove. It was requested mangrove removal be addressed separately from other tree removal. A request was made that "specimen" tree in paragraph 5, page 4 be defined. Also, on page 11, change "City Commission" to "administratively" regarding permit approval. Discussion ensued regarding whether to leave mangrove enforcement under state regulations. It was the consensus to write Clearwater's code the same as the State law with violations coming to the Municipal Code Enforcement Board. A concern was expressed the code would be difficult to enforce. It was suggested the professional trimmers be responsible to know the code, which the City would supply to them. ~,,~,J minws05b.93 11 5/17/93 . . 4 I, .' >' ~ _ _ , .' ~ .. . _ ~. ';. RecyclinQ RFP (eM) ~ The Deputy City Manager' stated a State law regarding commercial recycling was signed Wednesday night. The RFP is seeking a response from cl?mpanies regarding how they would handle the recycling process for the City. It was stated there will be a pre-proposal meeting May 22, with the opening scheduled for June 14. Consensus was for additional discussion and Commission direction at the May 20 City Commission meeting. In response to a question regarding whether implementation would be delayed by delaying discussion, it was stated it would not. Commissioner Deegan questioned the status of the contamination at the UtUities Building, and whether it was dangerous to staff, The City Manager stated the cleanup is the responsibility of the gas station owners from where the seepage comes. A question was raised regarding eligibility of the site for state cleanup assistance. It was stated underground tank failure had to be reported by a certain date, which is believed to be past. I....." \ .",.....1 The City Manager stated it is not believed the petroleum contamination is a danger to city staff at the Utilities Building. In response to a question regarding whether registration of a site was required, the Deputy City Manager stated she will provide more specific information. Public Hearina & First Readinq Ord. #5382-93 ~ readopting, ratifvina & confirming Subsection 1 of Sec. 44.31: providinQ for readoption of sign permitting requirements (LDCA 93-06)(PLD) The Commission has been advised that the findings of the 11 th Circuit Court of Appeals concerning the City's sign regulations relating to the Dimmitt case require the readoption of the City's sign permitting requirements. Ordinance #5382~93 will readopt the permitting requirements previously established in the 1992 code amendments. This readoption should resolve the legal issues concerning the p~rmitting procedures which resulted from the ruling in the Dimmitt case. Jim Polatty, Planning and Development Director, stated the Development Code Adjustment Board recommended approval at their meeting May 13, 1993. Mr. Polatty stated there are four inspectors surveying signs. They have completed all of Gulf-to~Bay Boulevard, and are currently surveying U.S. 19 and Missouri Avenue. , . J l.~ minws05b.93 12 5/17/93 ~ ., .' .. . ,. I . . .' . , , . '.,...' " ..- \......'.. I~ The City Manager stated a special program was authorized six months ago for temporary employees to survey/inspect the signs, and receive requests for variances. Staff is looking for additional direction. He stated if the 6rdinance is being changed) some variances will not be needed. The Planning Director stated there are about 70 sign variance cases backlogged. A temporary fund paid for four field inspectors and one office person for six months. Consensus was to continue receiving the sign variance applications. A concern was expressed that there is a proliferation of fast food places putting up a business flag under the US flag. The City Attorney stated he is writing up an ordinance regarding flags, and seeks staff recommendations. He stated the Appellate Court determined a distinction cannot be made between corporate flags and the US flag. Concern was also expressed that businesses are being hurt by the City mandating removal of certain signs. In response to a question regarding defining a flag or pennant, it was stated banners and pennants are prohibited. i"'~ l"~~:d y-.:,.... Annexation. Land Use Plan Amendment to ComrnerciallTourist Facilities and CG Zonina for property located at 2633 Harbor Circle, HillwTop Sub" Lots 8 & 9, 0.33 acres m.o. I. (McNeill A93-09\ LUP93-14)(PLD) The subject property is located one block east of U.S. 19 approximately 250 ft. south of Sunset Point Road. The applicants are requesting annexation to obtain sewer service. They propose to construct a building just to the east of their existing structure. They also own two lots to the north across Harbor Drive, which are in the unincorporated area of the County. These lots are being used for outdoor vehicle display and an office. The property to the south and east have designated future land use plan categories of (city) medium density residentiall(county) residential medium and residentialloffice/retail with apartment and Single family residential uses. To the west is a paved lot zoned comm ercialltourist facilities. \1 ~,,~ A concern was expressed whether this will be creating another enclave. It was stated all property annexed has to be contiguous, thereby reducing the number of enclaves. In response to a question regarding the need for three separate ordinances\ the City Attorney stated an annexation has to be filed with the County and State. A land use plan change can be processed without a zoning change. He stated he would look into combining them, but it is cleaner to keep them separate. He stated land use plan and zoning change approvals, in conjunction with an annexation, are contingent upon approval of the annexation. minws05b.93 13 5/17/93 . . , ...' , . ' .. . , '" . , ... ~ -'. (>'tr" A question was raised regarding whether these requests are ever turned down. It was stated if the City doesn't approve the zoning and land use requested, the applicant often does not want to annex. Discussion of exotic and nude dancing ordinances (CAIWSO) Commissioner Thomas requested a review of the zoning code and all aspects of the law regarding exotic and nude dancing. The City Attorney responded as follows: Clearwater has an ordinance regulating the conduct of dancers at establishme"nts where alcoholic beverages have been served (City Code Chapter 6, Division 2). This is an area dominated by the First Amendment. Ordinances aimed at what courts consider to be innocent conduct, such dS waving at passing cars, are unlikely to survive challenge. The Florida Supreme Court has declared several loitering ordinances invalid since the first of this year because the court found the ordinances vague and overly broad, giving too much discretion to the arresting officer, and permitting the punishment of innocent conduct. An ordinance prohibiting loitering for prostitution was declared invalid in 'fjyche v. State, 18 FLW 8171 (Fla. 1993); an ordinance prohibiting loitering for the purpose of selling drugs was declared invalid in Hollidav v. City of Tampa, 18 FL W 5200 (Fla. 1993); and an ordinance prohibiting loitering for the purpose of engaging in drug-related activity was declared invalid in E.L. v. Statel 18 FLW S203 (Fla. 1993). These cases do not relate directly to nude dancing but they indicate the likely fate of an ordinance prohibiting waving at passing cars to bring people into the parking lot of an "adult" business. l.,~".> A question was raised regarding the data received on California's enforcement of adult entertainment. Rob Surette, Assistant City Attorney. stated California is not an area that has had leading cases on zoning issues. A 1986 decision in the City of Rentin (Washington) vs Playtime Theater is widely used by government entities for drafting zoning ordinances which control the concentration and proliferation of adult uses. Basically, any ordinance which attempts to regulate adult uses that will impose separation requirements between adult uses and another land use, such as a 'church or day care center, will have to com ply with reliance upon the secondary effects such an ordinance would have in the community. Secondary effects are economic blight and crime increases. Case law is clear that the local governmental entity does not have to do its own exhaustive studies to substantiate the secondary effects, but can rely upon experiences of other cities in establishing the fact that adult uses do have tendencies to cause economic blight. It was requested a list of all the pertinent cases regarding adult entertainment be provided. A questioned was raised regarding what areas were used to come up with a 2-5% area of the City that would allow adult entertainment, It was also questioned what percentage of total land is available and how much would there be if Gulf to Bay Bouleva~d is removed from consideration. y Mr. Surette stated he does not know the number of available spaces that would be provided. The range of 2.8% to 10% is an acceptable percentage of the total land available in a municipality for adult use. He stated Planning and Development would need to do another study. minws05b.93 14 5/17/93 . ,. .. , , . _ . J .' . >. .' . I."..... . ~ . t~ It was stated we are granted the right to establish where, by zoning, we want adult entertainment provided a certain percentage of total land is available. There is a definitive percentage directed towards having adult entertainment within a City that you have to allow to be within the confines of the current decisions by the Supreme Court. Again, it was questioned what that percentage is. A concern was expressed that, if the percentage is less than the range, more adult businesses will try to open. Mr. Surette stated the first thing is for staff to determine locations of commercial districts and draw areas at intervals, Le. 100', 200', 3001, for separation distances from churches, day care centers, schools, and between other adult uses. The City could then make a determination as to available space for adult use in a particular zoning classification. A question was raised why they don't just set a minimum distance separation from churches, schools, day care centers and other similar establishments. It was stated this could create less than the minimum percentage of total land area required. The courts are saying you cannot prohibit the use; you have to leave a reasonable amount of property available the use. Discussion ensued regarding elim inating Gulf to Bay Boulevard from the zoning for adult uses. A concern was expressed that doing this may cause the use to be moved to Myrtle or Missouri avenues. ~ _I In response to a question regarding whether the use is regulated by zoning district or geography, Mr. Surette stated all the studies he has seen are done by classification of zoning district. . A concern was expressed for the youth who are out driving in the evening. Some are coming from Tampa to the beach and the first thing they are greeted with are scantily clothed girls standing outside of Baby Dolls waving at them. It was stated the gateway to a city is important to its image, and may also affect the attitude and actions of people coming into the city. In response to a question regarding restrictions in a permittable area, Mr. Surette stated there are ways of restricting what occurs within the confines of the particular building, such as regulating the stage on which the dancers perform. Responding to a question regarding prohibition of massage parlors, Mr. Galbraith, City Attorney, stated the State regulates and licenses the practice of massage. The City Manager stated you can minimize or regulate it, but you can't eliminate it. ~~ Mr. Surette stated once you have an adult use established in the City which complies with your regulation requirements, then you can ensure the owner of the business complies with the state obscenities statute. Police Chief Klein has been very aggressive in this area. There is a general attitude that Clearwater is a tough place to do business for "adult" owners. It was stated once the businesses are in, a strong enforcement posture works. minws05b.93 15 5/17/93 , : . .'. . .., ~ .' . I ' . . I.. . T ;~ . ~ . f~i'~ Discussion ensued regarding whether or not the problem is as big as perceived. It was stated when the cities around us get tougher, the businesses may move to Cledl wester. St. Petersburg just broadened their distance, limiting where they can locate. There are many such establishments in Palm Harbor, and the county is getting a bad reputation for them, Staff was requested to come back with information on how to minimize the activity from a legal standpoint and the zoning issue. Mr. Surette suggested color coding the zoning atlas, identifying the commercial districts. Identify the land uses from which they want to create separation requirements (Le. churches, day care centers, schools) and begin drawing intervals -100', 200', 400', including separation from similar establishments. When complete, the percentage of total land available for adult use for each separation distance could be determ ined. This is how Largo determined theirsl which resulted in 2% of total available land, 16% of available land use in commercial district for said use. Since the City of Rentin was the foremost case in this area, it is recommended the closer to their 5%, the better able the City would be to withstand a constitutional attack. Rentin's 5% is that of total land area in the city. In response to a question regarding the work involved to make sure we are not challenged by law, Mr. Surette stated it will require a lot of work because any constitutional , challenge will require the admission into evidence of the zoning atlases. The Commission recessed from 3:20 - 3:30 p.m. I,,~) Property Map (eM) The City Clerk stated a sample map was presented to the Commission based on the request for a color coded map. At the same time, Commissioner Thomas brought forward what the'Pinellas County Property Appraiser's office could do. The Commission preferred the more definitive division of properties and directed Mr. Shepard and the City Clerk to work with the Property Appraiser to incorporate the color coding on their maps. Mr. Shepard has met with the personnel of the mapping division in the Property Appraiser's Office and determ ined there are two options. 1) Use the Property Appraiser's breakdown of four divisions of property to include improved, unimproved, parks and leased. 2) Use the divisions we proposed including parks, infrastructure, city administration, public safety. eRA property, and surplus, with the addition of leased property. To change the existing maps to include the City's breakdown will take a lot of City and Property Appraiser's staff time. Even if the breakdown is not changed to the city's breakdown. it will take about two weeks to get all the necessary information together. The Property Appraiser's staff will then need ten working hours to make the changes. The cost will be $25 per hour for making the changes, and $53 per set of maps, with a minimum purchase of two. There are also some changes to be made to the Property Appraiser's maps, I.e. the County may determine property as improved simply because it has a sidewalk or parking lot. 't...~ minws05b.93 16 5/17/93 ',. ". . ,.. .' , .. ,. , . . . , ,., . I . .1., . '..." f" Bill Shepard, Engineering Drafting Supervisor, stated the quickest way would be to go with the Property Appraiser's maps, mark up one set and number each parcel to be tracked on a list identifying the parcels. The color coding would have to be corrected, and the degree of development defined for correct coding, Le. full playground, tennis courts, or in some cases a parking lot. The City Manager suggested property be considered developed if it has as little as a parking lot or playground on it, which indicates there is a practical use for it. If there is only grass and trees, it is undeveloped. In response to a question regarding staff's proposal, Mr. Shepard stated all that is needed is to number the parcels, providing the existing map with the same division breakdown and color coding is used. If more detail is desired, the Property Appraiser would need to reprogram some of their work. Discussion ensued regarding how much detail is wanted. It was felt information regarding a property's use would be useful. It was stated the initial request for information about each property included when it was bought, its value, square footage and, if developed with a building, type of building, its age. condition, how many people housed or working there and lessee. It was stated the City owns an abundance of property, and identifying each will help to determ ine what can be liquidated and put back on the tax rolls. ..--'., ( .____..1 ~ A question was raised regarding whether there are properties with intended future uses. and the City Manager stated there are. He questioned whether there were grids on the map corresponding with the zoning atlas. and Mr. Shepard stated there are not. Regarding a map provided a year ago, Mr. Shepard stated that map only identified the larger pieces of property. ., A suggestion was made to print the grid on an overlay to help locate the property on the zoning map to view the surrounding detail. The City Manager stated there is an index in front of the book. It was stated the Pinellas County Property Appraiser's Office has sophisticated equipment, and it was suggested City staff may want to use them for other needs. A concern was expressed regarding the length of time it takes staff to compile information. A question was raised regarding whether the Property Appraiserls mapping system will adapt to our utility work. Mr. Shepard stated there were problems with the system I and even some of the County departments are not using it for their own utility and construction work. Our software does not talk directly to theirs without a translator. Confirming what information the Commission wants, Mr. Shepard stated they will put numbers on the map with a corresponding list describing the propertYl and include the map grid number. ~.~ minws05b.93 17 5/17/93 . ' . . .'1 , . ': ' ' .,... '. >' ~ .:;:; .:"'. ,f COMMISSION OISCUSSION ITEMS ~ Dav Cafe for City employees (Cont. from 5/3) Mayor Garvey felt this is a negotiable item and should be part of labor negotiations. The Deputy City Managef stated any change In work conditions Of benefits must be bargained. The issue was not a high priority per 1990 and 1991 studies. CWA did a mini survey and also found it to not be a big issue. Administrative costs would be high. She stated a downtown day care center offers a discount to City employees. Commissioner Thomas stated he requested this be discussed, but has since found it not to be important to City employees. Citizens Complaint Procedure (Cont. from 5/3) Commissioner Thomas requested a document be established for citizens (Of employees) to fill out giving their suggestions, criticisms, etc. This document should be available at any City facility, and signatufe should be optional. Discussion ensued fegarding copying of suggestionlcomplaint forms, how and when to collect them, and whether it should be done on a trial basis. <~) Consensus was to fun the program on a six month trial basis. Private Security (Cant. from 5/3) Commissioner Thomas stated the phone company fecords all calls from and to City phone lines. City Commissioners have City-installed phone and fax lines. He questioned whethef City Management gets a report on those lines. He felt they should have a right to privacy. Assistant City Manager, Betty Deptula, stated a report is received by the General Services Department on all City owned lines of which phone numbers and lengths of calls is tracked. This enables each department to be billed for its usage. At her request, Commissioner Berfield's line was removed from the tracking. Mayor Garvey and Commissioner Fitzgerald stated they have no problem with the report. It was felt it should not be used for personal business. Commissioner Deegan felt a citizen should have a feeling of security if he wanted to send something ever the fax. '... Discussion ensued regarding what information the report providesj and if such data is being accumulated. It was expressed the confidentiality of citizens sending information to the Comm ission should be protected. It was stated the report does not give the phone numbefs of incoming calls. It was also stated staff does not have a copy of'the individual reports each machine prints. minws05b.93 18 5/17/93 . , . . , I. .. ~' ..: .'....~ .. ~ '. I. . . '.;, ,...:,~ .~. It was felt a copy of all the correspondence should be on file in City records. !~~ Beach Business District (Cant. from 5/3) The City Manager stated staff is leaning toward creating an architectural district for the beach area. Safety Harbor's Request for Joint MeetinQ re: Lonq Center The City Commission of Safety Harbor held a workshop May 3, 1993 regarding continued participation in the Long Center. At that workshop, the idea was discussed of a joint meeting to be held at the Long Center with the City of Clearwater. Consensus was for staff to schedule. It was requested documentation regarding the proposed discussion be provided prior to the meeting. A concern was expressed regarding Commissioners being lobbied, and whether or not it violates the Sunshine Law. The City Attorney stated it is safe to talk about the budget, the law or code, which is legislative or administrative. If the discussion regards a variance or other similar issue, it is quasi-judicial and should not be discussed. . HI"-\.... . , "'''''') Commissioner Thomas stated prior to meeting with Safety Harbor he would like to know their position regarding the Long Center, what they pay, and what their citizens receive compared to citizens of ClearNater. Com missioner Berfield expressed concern regarding shortage of funds if Safety Harbor no longer participates. Tom Selhorst (request to address Commission 5/20) Mr. Selhorst has been concerned about the treatment of his properties on Palm Bluff Street and code actions taken on this property. Steve Doherty and Tom Chaplinsky have been assigned to work with Mr. Selhorst Deputy City Manager Kathy Rice stated Mr. Selhorst has been before the Code Enforcement Board. He has complied with the Board's order, but now desires to speak to the Commission. In response to a question) the City Clerk stated 10-15 minutes is usually allowed for such a request. Consensus was to allow Mr. Selhorst 15 minutes to make his presentation. Parking at Main Librarv Mr. Wheeler, at a previous City Commission meeting, complained about having to pay for parking at the Main Library. He;s requesting removal of the parking meters. minws05b.93 19 5/17/93 , ~ . . I . "- j . :. ,.." .. '." . . ~ . I ' ., . . , ,,:..' .. :~~\~,> ' t. . , c It was stated this was already discussed and the Commission decided to make all the meters the same. (~ tn response to a question regarding whether the revenue from the parking meters is connected to a bond issue, it was stated it is. The City Manager stated if the parking meters are removed, staff would need to chalk tires because some people will park there as long as they want. Discussion ensued regarding alternatives to the meters for library parking. It was stated there are also meters for parking at the Beach Library. No action was taken. Mayor Garvey left the meeting at 4:40 p.m. New Business Development Advisory Board Commissioner Thomas stated advisory boards are in existence for a multitude of issues. With the economy being one of the most important issues, he requested a board be created to guide the City Commission on how to improve business development. ~ ....:\ ,.~t.;f Commissioner Deegan stated that is the purpose of the Chamber of Commerce. Commissioner Thomas responded they only represent a fraction of the businesses throughout the City. He suggested a board with 15 Commission appointed members be ' created to guide and advise the Commission. Their focus would be on how to improve the business climate and opportunity. He felt they would be better served with their own board rather than the Chamber. Concern was expressed that there would be only 15 members, whereas the Chamber has 50 members. Commissioner Thomas felt the Chamber network did not focus on the business community. but rather attorneys. insurance agents, etc. It was suggested this concept be tabled until the new eRA director comes on board and can give input. Travel Policv '........ Commissioner Thomas proposed the following rules: 1) The Mayor and Commissioners may be compensated under current travel mileage allowed City employees for official business travelled within the Tampa Bay Region. 2) There should be no compensation for any meals while on City travel, "current IRS tax laws being proposed in Congress, remove from businesses the right to deduct meal expenditures next year to only 50% and thereafter zero'., This proposal is made under the assumption that you have to purchase food wherever you are; therefore, it would not be a bonafide expense. 3) Any travel outside of the Tampa Bay area by the Mayor or Commissioners for any City business where City pays the cost must be approved by majority vote of the Commissioners. The Mayor and/or Commissioners may travel anywhere they wish where they pay their own expenses, minws05b,93 20 5/17/93 ~..r,i -.... ! He stated there should be a definite purpose for a Commissioner's travel being billed to the City, and said travel should be agreed to by a Commission majority. Events that occur every year, such as Florida and National League of Cities conferences, are traditional and any Commissioner can go. In response to a question regarding how the current practice would be affected by the policy, it was stated if travel is to be paid for by the City, there should be a majority approval by the Commission. In response to a question regarding who approves staff travel in other departments, the City Manager stated this is looked at during budget preparation and, again, prior to actual travel. He stated his travel is not approved by another, but he follows the same rules. Regarding the Legal Department, the City Attorney stated he approves travel for Legal Department staff including his own. In response to a question regarding rule #3, Commission approvalt it was stated traditional inwstate travel would not require it. When travel is out of state, it should be discussed. Discussion ensued regarding the issue of reimbursement for meals during City travel. It was stated state rules are currently being followed. , . J '~~'~ The City Clerk stated the Commission travel policy states the Commission will follow the city policy in the code. She stated it does not include approval of each individual trip. The Clerk was directed to come back Thursday with current policy amended to add proposed rule #3. Ramp at City Hall Commissioner Thomas stated he hadn't realized the front of the building would be impacted by putting a ramp in front of the existing stairNay. His concern is getting people out of the rain quickly, and he was informed the northern ramp can be modified to work and access the overhang quicker. Following the plan as approved blocks people walking in front of the building at the upper level. The Assistant City Manager agreed it would impede the flow of traffic in one of the. two doors in the front of the building. Consideration is now being given .to putting an electric door in front and modifying the back door entrance. There is a very steep ramp immediately outside the back door. A platform would have to be added to provide a resting spot for wheelchair access, which would require the whole back to be leveled out. This will be considerably more expensive. She stated the ramp proposed for the east entrance is a zig zag to the level, but there is no resting place. -.... minws05b.93 21 5/17/93 , ., . " ' . ...., ' . I ,'." .' . .' ~~ 1" . :~ , Commissioner Thomas questioned which option will be the least harmful to the vast majority of people who aren't in wheel chairs. The Assistant City Manager stated the least detrimental, and the nicest looking to preserve the front door look, will be the more expensive option of the back door. She stated it was agreed the front door entrance was preferred for wheelchair access. She felt a proposal brought forth a couple weeks ago is the best option, and could be made very attractive to blend in with the building. Additional information will be provided at Thursday's meeting. Zero Tolerance re Beach speed limit enforcement Chief Klein stated City Commission directed staff to revise the policy regarding speeding violations. The reference to a set limit over the posted speed limit has been removed. Issuance of citations/warnings is now at the officer's discretion taking the following conditions into consideration: 1} weather conditions, 2) traffic conditions, 3) traffic accident data, 4) traffic volume reports, 5) roadway conditions, and 6) citizen or other types of complaints. ' In response to a question regarding previously referenced policies, Police Chief Klein stated they were not written, but practiced, policies. Most agencies have conditions specified, but follow unwritten policies. He recommended Clearwater continue with the "zero tolerance" policy, not just on specified streets. There are two traffic enforcement teams in operation, and new equipment being used lets motorists know they are speeding. C'., ";;'1\', The City Manager stated the desired result is to reduce speeding, not increase revenue. He suggested advertising where the enforcement will be concentrated on a particular day. Commissioner Deegan stated the problem is citywide, He commended staff on the proposed revisions; and, agreeing with the advertising concept, suggested making infomercials for Vision Cable airing. In response to questions regarding the video equipment, Chief Klein stated Vision Cable put in the lines, but the City bought the equipment. He stated the videos are used for D.U.1. enforcement. Commissioner Thomas questioned whether there was any check and balance to see that all officers carry out the process equally. Chief Klein stated they could count tickets and citizen complaints, It was stated tracking by officer is not possible. Commissioner Thomas stated speed limit signs are often not visible when the speed Iim it changes in an area. He requested a color coded road map of the main roads be provided, showing the speed zones. I _../ minws05b.93 22 5/17/93 ~:, ~. I . .~ , . . ~ ..... T.... ~ > I .. ' . + " . ..' .' , . . ' '+ I ... '11-' - . - ./<i:,; " , ;-...\ , In response to a question regarding monitorIng the effectiveness of the program, Chief Klein stated. statistics would be available based on tickets issued. In response to a question regarding whether advertising the enforcement of a one area of town would have a negative affect to other areas, Chief Klein stated there would still be enforcement throughout the City. Prospect Avenue - temporary trail connection The City Manager stated a request was received from Paul Polgar to run the Pinellas trail down Prospect Avenue. He stated a proposed route has been given to County staff and we are waiting for their response. The City Clerk stated Ream Wilson, Parks and Recreation Director, and Pete Yauch, Traffic Engineer, reported about problems that had been found regarding use of Prospect and the reason it was never recommended. Mr. Polgar was sent both of those responses. He will be informed of today,s discussion and that Commission doesn't see any reason for temporary trail designation. Bullet Train Regional Committee The City Clerk stated the Commission requested discussion regarding whether or not they wished to have Commission representation on this committee. Commissioner Deegan stated, though this project is 10-15 years away, the \':I:} Commission needs to provide input regarding Clearwater's interest in the project. He feels there needs to be a terminus in the Clearwater area. The current plans of the Committee are to have a terminus at the gateway, with no plans to come to Clearwater. Commissioner Thomas also feels Clearwater should be represented on the Committee. He expressed the importance of having such a train either in Downtown Clearwater or Clearwater Beach. It would create a growth opportunity for Clearwater. He stated he would be willing to represent Clearwater on the Committee. AQenda Packets Commissioner Thomas stated he thought the previous discussion brought forth a consensus to receive the material two weeks in advance of the meeting. He thought this meant two weeks prior to work session. The City Manager interpreted it as two weeks before the regular Commission meeting. He requested confirmation of the intent of the Commission consensus. The City Clerk stated she listened to the recording, and the original request was for two weeks prior to the work session. Concern was expressed by Commissioners Deegan and Fitzgerald that they did not want to get the agenda packet on Monday and have to deal with two packets. ,,,,<-.,,'/ minws05b.93 23 5/17/93 I . ' . .". . . . , " , -., . " '. .'." (' . ~ .. ...-. ,. I' . .. I ". .t. . --...., , Commissioners Deegan and Fitzgerald stated they can receive it Monday, if preferred, and just put it aside. Commissioner Fitzgerald expressed concern regarding adding items after the pack is received. He stated if there is going to be a two week rule, items should not be added after that. The City Clerk stated if an item is continued to the next meeting, that agenda packet would already have been distributed. Memos are received asking that things be added to the agenda, and most of the Commission discussion items are items brought up to them previously under Citizens to be Heard, and it was felt these should not wait a full month to get direction. The City Clerk also stated the City Manager doesn't always know what he will have to verbally report to the Commission. Commissioner Deegan expressed a need to be flexible regarding the addition of items to an agenda, He felt if the packets are received Thursday, items continued from Monday meetings could be included, providing a more complete packet Thursaay. Consensus was to leave packet distribution at two weeks prior to the regular Thursday Commission meeting. OTHER COMMISSION ACTION ; ;. "} ':l~.."~ Commissioner Thomas questioned when discussion regarding the firefighter dismissal and advisory boards items are scheduled. The City Clerk stated it is agendaed for the next meeting. . The City Manager stated Chief Klein is to get with the City Attorney to prepare an exhaustive report regarding vagrants. He stated the worst problem, on a daily basis, is at the libraries. Commissioner Thomas feels protection is needed at city buildings when open. The City Manager stated lhere is a security guard at the library. Commissioner Thomas felt a differ~nt level of security is needed. Commissioner Thomas stated four people have been hit at the crosswalk at Mandalay. The crosswalks on the beach need to be addressed. He suggested the use of caution lights or double faced signs. Signs have been placed, but the double face is not complete. The City Manager expressed concern regarding City liability, Citing the importance to be in conformance with traffic standards. Commissioner Thomas suggested having flashing yellow turning to red once a pedestrian hits the button. Commissioner Deegan stated the signs that were placed are not enough. Commissioner Thomas suggested trying the constant yellow flashing light and see the results before going to the next step. Consensus for the City Manager to ask Pete Yauch, Traffic Engineer, to give a recommendation at the next work session. ....-.- c~ minws05b.93 24 5/17/93 . . I " ,~ ' ", ,. '. ' ..' ' ~' . , . '. ' I _. .' . . .. " . . .C', :'... :~tft ~~'""...... ""',>~. H ,:M""') Commissioner Berfield questioned the status of street number signs issue and Brenda Nixon's request regarding occupational licensing. She also questioned the status of the guard rail on Bay Esplanade stating there is a neighborhood dispute. The City Manager stated the issues are being worked on. The City Clerk stated staff approved the location of a guard rail and a new neighbor moved in and didn't like it. Commissioner Deeaan stated his lapel microphone did not work at the last meeting. He requested when the Mayor introduces the Commission, she also introduce the City Manager so there can be a volume check on all the mikes. Commissioner Deegan referenced an article in an Orlando paper identifying a company in Jacksonville that recycles phone books. In the St. Pete times it was stated a Pinellas County official is telling people to throw the phone books in the trash. In a study done on Island Estates, it was figured there would be 18,500 pounds (9.25 tons) of paper thrown just from Island Estates. Add the rest of the City and you would have a lot of recycling to be done. Mr. Brumback wasn't sure he could find a place to take them to be recycled because of the glue in the back, but apparently there is. The City Manager will check into the matter. ADJOURN - 5:45 p.m. . ':) . I '-... minws05b.93 25 5/17/93 '--. ..... "