04/01/1991 (2)
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Michael J. Wright
M.A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
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CITY COMMISSION WORK SESSION
April 01, 1991
, The City Commission of the City of Clearwater met at City Hall with the following
members present:
Rita Garvey
Richard Fitzgerald
Sue Berfield
Lee Regulski
William Nunamaker
Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
Also present:
The meeting was called to order at 9:00 a.m.
Service Pin Awards
Two service awards were presented to City employees.
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Contract for Durchase of microwave test eauioment for the 800 mHz Trunked Radio
System to Hewlett Packard Co., Atlanta. GA, for $23,060 (GS)
On August 3. 1989, the City Commission approved the purchase of a microwave
hop between the north and south towers to provide communication between the towers.
The test equipment is essential to maintain the microwave system that is no longer under
warranty.
With the test equipment, the Radio Communications Division can correctly
diagnosis problems when breakdowns occur and perform the necessary measurements and
adjustments to keep the system in a reliable operating condition. This is a sole-source
purchase.
In response to questions, Floyd Carter, General Services Director, indicated a
system is being tested that should solve 95% of the difficulties with "dead spots." The
problems at the mall are a separate issue and will cost approximately $10,000.
Contract for the Durchase of five pre-leased 1990 vehicles to Hertz Car Sales, Tampa, FL,
total cost of $49,364; financing for $28,964 will be provided under the City's Master
Lease/Purchase Agreement with AT&T Credit Corp., the balance ($20,400) will be a cash
purcha'se (OS)
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Bids were solicited and received for the purchase of five '90.'91 pre-leased
vehicles. Staff recommends buying them from Hertz Car Sales.
In the past, the City has purchased pre-leased vehicles that have provided excellent
service at a lower cost. Hertz Car Sales has offered a choice of Ford Taurus, Crown
Victoria LX, or Thunderbird, Mercury Sable, Cougar, or Grand Marquis GS with a 12-
month, 12,000 mile Limited Power Train Warranty (whichever comes first) .
The replacement purchases were approved by the City Commission during its FY
1990/91 Budget Hearing Meetings and are listed on the approved Vehicle Replacement List
as published in the 1 990/91 budget.
Commissioner Fitzgerald questioned if leasing cars had been considered. It was
indicated this had been investigated but can be reviewed again.
Contract for the construction of the Sailinq Center Buildinq to Bandes Construction Co..
Inc., for $315,333; and approve the transfer of $16,298 from recreation facility impact
fees (P&R)
On June 21, 1990, the City Commission approved a budget of $300,000 to secure
an architect and construct the Clearwater Community Sailing Center Building. On
September 4, 1990, the Commission approved a contract with Fowler Associates
Architects, Inc. for $26,300 for basic services and $16,150 for additional services, leaving
a balance of $257,550.
Nine companies submitted bids including a base bid with seven deductible
alternates. Bandes Construction Company, Inc. had the low base bid of $323,174. Staff
recommends that alternate #4 (pram storage racks can be constructed later) be deleted,
reducing the total contract amount by $7,841 to $315,333.
The contract will provide an attractive building with a metal roof and cedar shake
siding for aesthetics and low maintenance, solid plastic partitions in the restrooms for
durability and low maintenance and tile on the restroom floors, A ten-foot wide, second
floor veranda wrapping around the building's east, north and west sides will add character
to the structure, allow for more flexible and diverse uses of the building, and enable people
to congregate on the upper deck to enjoy the views. The second floor will include a
meeting room, that can be divided into two, with banquet seating capacity of 190,
restrooms, storage and floor to ceiling windows on the north and east sides. The ground
floor will have storage space for prams, an office, restrooms, showers, and a small work
room. The building has an elevator and is handicap accessible.
If the contract is approved, there will be a shortage of $57,783. Staff recommends
transferring $16,298 of Recreation Facility Impact fees to the Sailing Center budget and
the remaining $41.485 come from the budgeted $50,000 of Penny for Pinellas
Infrastructure Tax Revenue, currently in the Sand Key Sailing Center code and earmarked
for landscaping of the Sailing Center site. The remaining $8,515 of landscape money,
along with in-house materials and labor, will be sufficient to provide attractive landscaping.
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Prooosed architectural effects and choice of buildina materials for Big Pier 60 Replacement
Project (PW)
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Ream Wilson, Parks & Recreation Director, pointed out a separate project will be
coming to the Commission for 30 to 35 parking spaces. He stated eventually there will be
80 spaces at the Sailing Center. In response to a question, he indicated parking is not
. included in the contract before the Commission.
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Ouestions were raised regarding the building. Steve Fowler, Architect, reported the
6,300 square foot building is to be constructed of concrete block with a sheet metal,
galvanized aluminum roof and reflects the tropical theme of the Beach.
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Camp Dresser & McKee, Inc. (COM), consulting engineers proceeding with the
design of the Big Pier 60 replacement project, have suggested the City depart from a
traditional all concrete pier, and instead, construct a wooden deck pier with architectural
details. Staff feels this suggestions might be more in keeping with the tropical seascape
motif recommended by the Clearwater Beach Task Force.
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Tom Burke, of COM, stated the basic concept for the pier replacement remains the
same. However, the amenities would change. The visual character would change as the
concrete decking would be wood which would look nicer, would be easier to maintain and
in better standing with the Clearwater Beach Task Force's view, A question was raised .
regarding longevity. Mr. Burke indicated pressure treating and the type of wood used
would affect its longevity, however, the initial cost would be higher but maintenance costs
will be lower than concrete.
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Concerns were expressed that maintenance costs would be higher as wood
splinters. The City Manager said if the decking is built of wood, the maintenance could be
done inhouse at a much lower cost. Bill Baker, Public Works Director, reiterated there will
be maintenance, however, it will be easier for the City to maintain.
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A question was raised regarding how long concrete would last. It was indicated 30
to 40 years. Mr. Burke pointed out that only the decking of the pier would be wood and it
would be at least ten years before any replacement would be needed. Mr. Baker reiterated
that wood decking would look better and while there will be maintenance, it will be less
expensive.
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, The City Manager reported concrete lasts longer and costs less to build, but it is
less attractive and is more expensive to maintain. Questions were raised regarding
whether or not wood decking is the answer to the aesthetics. Mr. Wright indicated the
Beach Task Force wants to consider these sorts of things as a way to continue their
recommended theme.
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Concerns were expressed that wood rails would create long term problems. It was
suggested that instead of the entire pier, the theme could be accomplished in small areas
on the pier. Questions were asked if the pier decking could be cantilevered in order to
allow the addition of gazebos and/or seating areas.
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Mr. Wright indicated the alignment of the new pier has been designed so the old
pier can remain standing while the new one is constructed. Further discussion ensued
regarding the need to relocate the pier and whether or not any of the pilings were usable.
It was stated that the only advantage to relocating is the ability to keep the old pier open.
The City Manager indicated staff recognized this would be more expensive.
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Concern was expressed that the beach is now stabilized and any changes to the
pier could be a problem. It was felt a hydrologic study was needed. Caution was urged
regarding relocating the pier. Concerns were expressed that even lowering or raising the
pier could cause problems.
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The City Manager stated the direction he was hearing from the Commission is that
the location of the pier should remain where it is and, for the decking, longevity was more
important than aesthetics. A question was raised regarding how this would conform with
the proposals for the area. Mr. Baker reiterated staff would not recommend wood if they
did not feel it would hold up well. Tom Burke reported wood has been used on the East
Coast and it has held up well and provides for easier sweeping and maintenance.
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. William Held, Harbormaster, indicated the wood decking at the marina is 16 years
old and they just now are considering replacement. Due to it being wood, there is the
ability inhouse to repair and replace the structure. In response to a question, Mr. Burke
indicated the cost for wood versus concrete is about the same in regard to maintenance
over a thirty year life period. He stated marina concrete is a specialty area.
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A question was raised regarding how wood was reached as a suggestion. . Bill Held
indicated when staff met with the task force, it was suggested that wood be used for the
above water section. He stated it has also been suggested that contests be held for the
design of the pier. The City Manager suggested the pier could have concrete decking with
wood architectural treatments.
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Art Deegan, Chairman of the Clearwater Beach Blue Ribbon Task Force, said there
was a desire to keep aesthetics in mind. He stated if the pier is to be relocated, it is
recommended it be moved north, not south. He indicated the Task Force is willing to
present a check to the City Manager to sponsor an architectural competition to address the
pier's design. He noted this would be the first project of importance on the Beach.
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A question was raised if the time frames could be met. Mr. Burke indicated they
could be, to a point.
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A question was raised if a contest is supported, would decking influence the
design. Mr. Wright indicated the cost for concrete decking would be $400,000, and for
wood $500,000. He stated the construction budget is $1 million.
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The consensus of the Commission was for the pier to be built in its current
location, that a competition for renderings for design of the vertical surfaces and the type
of decking be part of that competition. The award of $1,000 from the Task Force's
donation would be distributed with $500 for the first prize and $350 for second. The
decision will be made 60 days after the announcement of the competition.
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In response to a question, the City Manager reported the cost is $8 a square foot.
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A question was raised regarding whether or not the competition should be limited
to registered architects. It was recommended that the Clearwater Beach Task Force make
this decision.
Mr. Wright indicated there have been Questions regarding extending the pier. He
stated this would present permitting problems. Mr. Held indicated individuals who fish
from the pier would like it to be extended, however, it would muddy up the permitting
process and increase the cost.
Cecil Henderson, Assistant Public Works Director, indicated the Department of
Natural Resources, is resistent to permitting lengthening, Mr. Held also stated the existing
pier is grandfathered on State bottom land and. if it is extended. that permission could be
lost.
Purchase of lot 10. R H Padcett's Sub of oriqinal lot 5 from Albert l Rocaro. Jr. for a
total price of $60,000 (PW)
Verbal Reoort - Status of Clearwater Pass Bridge (PW)
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Bill Baker, Public Works Director, stated the Corps of Engineers has indicated it will
not approve a bridge measuring 65-feet high, therefore. staff has decided it would be best
to submit an application to the Coast Guard for a 75-foot high bridge. It was indicated
that the Federal Highway Administration may pay the extra cost of the bridge.
The City Manager questioned the time frame. Mr. Baker indicated this would still
allow the City to come in "under the wire."
Questions were raised if the bridge's slope would need to be increased and if the
Coast Guard has the final authority on the height. It was indicated the Coast Guard has
the final authority. .
A question was again raised about the time frame and it was stated that, assuming
there is cooperation and sensitivity to the time, the City would still be able to meet the
proposed time frames.
In response to a question, it was indicated staff had not completed a detailed
design for a 65-foot tall bridge.
Verbal Reoart - Southwest Florida Water Management District Update (PW)
It was reported that a letter from the Southwest Florida Water Management District
(SWFMWD) indicated the City needs to improve the enforcement of water restrictions. It
was indicated the Police Department is doing all they can. The City Attorney's office is
amending the ordinance to allow Water Division personnel to issue citations for violation of
the water restrictions.
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The meeting recessed from 10:41 until 10:49 a.m.
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Mr. Baker stated staff is pursuing development of the water supply and has a plan
to see if the City can produce 3 million more gallons per day. Reclaimed water projects
are encouraged and the City is postured to proceed into that project. An application for
State revolving funds for reclaimed water is in a three to five year stage. The City could
borrow enough money to build the system until the system could pay for itself. He stated
he has talked to SWFMWD and the City is in good stead regarding what the City can do.
A question was raised regarding the ability to use Penny for Pinellas monies. The
City Manager indicated the reclaimed water system would be a utility to pay for itself.
A question was raised regarding whether or not there was any limitation on new
wells. It was indicated that the City has had to cut back on the pumping rate on all of its
wells and a permit will be needed for new ones. Though the City's current consumptive
use permit allows Clearwater to pump 8 million gallons of water per day. the City is
currently below that threshold.
It was stated that a long term solution is needed. Tom Burke, of COM. stated the
City is beginning to investigate a reclaimed water system which will reduce the need to
impact the local water supply.
.The City Attorney indicated only the Police Department currently can issue
citations, however, he is amending the code to allow code enforcement inspectors to do
the same. .
,rii,?~ A question was raised regarding whether or not there would be a fine. It was
\:i~,l1 indicated this could be paid instead of going to court. A questioned was raised regarding
the teeth the ordinance would have if the fine is not paid. The City Manager indicated it
would depend of the State Attorney's posture.
A question was raised regarding a trial situation for reverse osmosis. Mr. Baker
indicated this would not be allowed.
(Cont'd from 03/21/91) Public Hearing & First Readinq Ord, 115087-91 LDCTA - regulation
for hedges (PL&D)
Jim Polatty, Planning & Development Director, indicated this item needs to be
continued in order to accommodate the Development Code Adjustment Board's (DCAB)
recommendations regarding fences and hedges on certain streets. He stated DCAB is
nearly in agreement and needs to go back and incorporate'recommendations regarding
triple frontage lots.
The City Manager pointed out that the Development Code Adjustment Board is
recommending against regulating hedges. Mr. Polatty explained this was due to their
belief that it would be difficult to administer. He stated DCAB wanted further restrictions
regarding waterfront setbacks. Scott Shuford, Planning Manager. indicated the restrictions
would apply only to single family residential and have to do with the view.
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Cont'd from 03/21/91 ) Variance to the Sian ReClulations: (Target Store) located at 21680
US 19N, Clearwater Collection First Replat, Lot 4 (Dayton Hudson Corp. SV91-05) (PL&D)
This item was continued from the March 21. 1991 Commission meeting due to
uncertainties about the conditions associated with the site relating to signage. Staff found
the following condition was established for the certified site plan: "On October 13, 1992,
the shopping center shall be restricted to a total of two freestanding signs on US 19N and
one on Drew Street (each of the two major streets adjacent to the site)." Since there was
no mention as to whether these Ufree standing signs" are property or business
identification signs. the wall signs relating to this request should not be affected by this
condition.
The application has been revised to eliminate one of the previously-requested
variances. The applicant amended the request to delete the increased business
identification slgnage. The applicant has utilized its property identification signage
allowance to erect the previously requested "business identification" sign. The "TARGET"
'sign is the allowed property identification sign (it is 125 square feet; 128 square feet is
allowed). .
The applicant is requesting a variance to permit one additionai"bu:3tness
identification sign (a 40 square foot IIGarden Store" sign) for a business establishment
known as Target, located on the e side of US 19N on the north side of Drew Street. The
land Development Code allows one business identification sign per business establishment
with the surface area not exceeding 1,5 square feet per lineal foot of building width
lI~~r (frontage) with a maximum of 1 28 square feet for major tenants located at shopping
~'" centers. Target would be a major tenant.
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The proposed sign would be placed on the front (8 side) of the building along US
19N. The applicant claims the conditions that exist relating to the property are unique due
to the location of the retail establishment a considerable distance from the public right-of-
way restricting visibility and creating some difficulty for the general public to locate the
subject property; he also claims the visual aid is necessary to help traffic flow onto and
within the property. Over the I four years, the Development Code Adjustment Board
(DCAB) has considered the following requests for sign variances for various business
establishments at this same location: 1) 08/27/87 Lechmere Lot 2 - a) of 92 square feet of
property identification to permit 156 square feet for a pole sign, Action taken: Granted; b)
of 10 feet to permit a 30 foot high pole sign. Action taken: Granted; c) of 48 square feet
of business identification sign to permit 112 square feet for a pole sign. Action taken:
Denied; 2) Lechmere lot 1 - a) of 84 square feet of business identification to permit 212
square feet of wall sign. Action taken: Granted subject to no property identification sign
on Lot 1; b) of 28.25 square feet of property identification to permit 140.25 of additional
sign. Action taken: Granted; 3} 09/1 0/87 Silverberg Lot 3 - a) of 20 square feet of
property identification to permit 84 square feet for a pole sign. Action taken: Denied; 4)
05/12/88 Silverberg Lot 3 - a) of one business identification sign to permit two such signs.
Action taken: Granted; b) of 31.5 square feet of business identification sign to permit 79.5
square feet of such signage. Action taken: Denied; 5) 11/10/88 1 st Federal of largo Lots
2 & 3 - a) of 3 business identification signs to permit 4 such signs, Action taken:
Granted - 2 additional business identification signs; b) Of 62 square feet business
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.identification signage to permit 110 square feet of such signage. Action taken: Denied; 6)
12/20/88 1 st Federal of Largo Lots 2 & 3 - a) of 27 square feet business identification to
permit 75 square feet of such signage. Action taken: Granted; 7) 10/11/90 Target, Lots 2
& 3 - a) alteration of non-conforming sign. Action taken: Granted; b) sign to remain after
amortization period. Action taken: Denied.
DCAB generally allowed the installation of additional business identification signs
but usually did not permit increases in business identification sign sizes.
Staff performed research requested by the City Commission at its March 4, 1991,
Work Session concerning the percentage of wall area taken up by the proposed signs. The
Target store building is 402 feet in length on the side where signs are to be placed,
(approximately 9,000 square feet in area). The proposed signage would cover about 2.7%
of the wall's area. This percentage is generally less than what the staff would consider
recommending for attached signage in amending the sign code pursuant to Commission
direction. Staff would recommend amending the code to allow approximately 10% of the
wall area to be covered by attached signage, with a cap on the number of signs and the
total square footage. From the standard of possible new regulations, the signage is likely
not out of compliance.
Since the request is reviewed under current. code, staff finds the applicant has
provided no evidence that an unnecessary hardship exists in trying to meet the sign
requirements of the lDC. While there has been some history of variances for signage at
this general location, there appears to be no special circumstance regarding this proposal
which would warrant granting the subject request.
Most of the signage problems that have occurred at this site are attributable to the
site's CPD (Commercial Planned Development) zoning which is quite restrictive regarding
property identification signage, allowing only 64 square feet of property identification
signage. Similarly-sized development in the vicinity is zoned CH (Highway Commercial)
and is allowed 156 square feet of property identification signage. The sign in question is a
business identification sign, however, and is primarily intended to orient the public once
they are on the property. This site is a clear example of how the sign issue should be
handled at the Planned Development zoning level.
Based on staff review and analysis of the information contained in the application,
the request does not appear to support the Standards for Approval of land Development
Code Section 137.0 12(d). In particular, the following standards do not appear to be met:
1) The variance requested arises from a condition which is unique to the property in
question and is neither ordinarily or uniformly applicable to the zoning district nor created
by an action or actions of the property owner, predecessor in title, or the applicant, Any
mistake made in the execution of a building permit or work performed without the benefit
of a permit shall not be considered to be situations which support the granting of a
variance; 2) The particular physical surroundings, shape or topographical conditions of the
property involved and the strict application of the provisions of this development code
would result in an unnecessary hardship upon the applicant; 3) The variance is the
minimum necessary to overcome the unnecessary hardship referred to in preceding recital
tl2" for the purposed of making reasonable use of the land; 4) The request for a vDriance is
minws04a.91
8
04/01/91
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not based primarily upon the desire of the applicant to secure a greater financial return
from the property; and 5} The granting of the variance desired will not violate the general
spirit and intent of this development code.
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Should the Commission favorably consider the request, staff suggests imposing the
following conditions: 1) The requisite building permit shall be obtained in six months from
the date of this public hearing; and 2) No additional attached signage shall be permitted
beyond what is included in this request and what has previously received permits.
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Concerns were expressed regarding the control the Commission thought was being
implemented during the replatting and the requirement on the plat regarding the property
identification signs allowed. The City Attorney indicated these restrictions should have
been on the plat. It was indicated there would be no other way of conveying to a
. potential purchaser the restrictions regarding signs on this property.
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LeQislative Update (eM)
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Betty Deptula, Assistant City Manager, indicated the' billboard legislation was to go
to the House Rules Committee and could come up for action Thursday before the whole
House. The City Attorney recommended the City "adopt" a Senator regarding this bill.
Ms. Deptula will draft a letter to be faxed to the Legislature tomorrow.
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Legislation regarding Impact Fees could affect the City in the long term and the City
needs to be watchful and careful that too many restrictions are not placed on the ability to
use Impact Fees.
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Regarding coastal zones, no information has been received, It was understood that
the sponsor is looking for a way to introduce the bill.
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Subordination Agreement for the Clearwater HousinQ Authoritv
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The Clearwater Housing Authority (CHA) has requested the City consider
subordinating a loan for them in order for CHA to obtain refinancing with Barnett Bank. It
was the consensus of the Commission that this item be added to the Thursday nIght
agenda.
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Verbal Reports
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The City Manager requested the Commission consider making a trip, funded by the
Community Redevelopment Agency (CRA), to Phoenix, AZ, in order to obtain additional
information regarding a redevelopment project similar to the one being proposed for the
East End. It was the consensus of the Commission that such a trip would be warranted if
a project similar to the one considered for the East End is available for review.
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The City Manager recommended the Commission consider no longer meeting in the
conference room for work sessions but rather install a new table in Chambers to provide
additional.space. Consensus of the Commission was for this to be pursued.
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Consensus of'the Commission was to attempt to'use lapel' microphones at the
. Thursday night meeting. .
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. Other Commission Action
Commissioner Fitzgerald questioned the implementation of the cruising ordinance.
The City Manager indicated he would prefer to bring' back a complete report that also
Includes enforcement of the noise ordinances.
Commissioner Fitzgerald questioned a letter from Alan Stowell regarding the sewer.
line on his property. The City Attorney indicated he is dealing with Mr. StoweWs attorney.
, The City Manager stated as soon as the issue is finalized, a report will be given.
Commissioner Fitzgerald questioned comments regarding the number of disciplinary
actions taken. Kathy Rice, Deputy City Manager, indicated that was in response to
comments that no disciplinary actions were being' taken. She stated City management is
trying to treat all employees equally.
A ,question was raised regarding whether or not union employees are treated
differently from non~union employees. Ms. Rice indicated an employee has a choice
whether to go through union grievance procedures or Civil Service procedures. The' City
Manager indicated he did not remember that distinction being an issue; ,
Adiournment
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. The work session adjourned at 1 2:06 p.rn.
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minws04a.91
10
04/01/91
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