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10/18/1993 CITY COMMISSION MEETING October 18, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, October 18, 1993 at 9:00 a.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Kathy S. Rice Deputy City Manager Milton A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #1 - Service Awards - 7 were awarded PRESENTATIONS Val Mahan provided a status report regarding the United Way Campaign. Commissioner Tom Anderson of Dunedin presented a Proclamation and offered a friendly challenge to Clearwater regarding the World Series between the Toronto Blue Jays and Philadelphia Phillies. If the Phillies win, the Mayor of Dunedin will throw out the first ball at the Phillies first home game and vice versa. He invited the Commission to come to Dunedin Stadium to watch the series on big screen televisions. Commissioner Anderson complimented Clearwater on its "Who Cares" advertising regarding the Community Consensus project. Mayor Garvey thanked Commissioner Anderson and accepted the challenge. ITEM #2 - Suggestion Awards - None. Commission recessed from 9:14 to 10:07 a.m. ITEM #3 - Minutes of the Regular Meeting of August 2, 1993 Commissioner Berfield referenced page 15 regarding "definition of family", requesting this be added to follow-up requests for a response. Commissioner Berfield moved to approve the minutes of the regular meeting of August 2, 1993, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #4 - Set date for Special Public Meeting re: City Hall The Mayor stated the only date Vision Cable and the Annex Community Room are available is Wednesday, November 10. Consensus was to set the Special Public Meeting for November 10 at 7:30 p.m. ITEM #5 - Banners for Phillies Commissioner Berfield requested the City Commission allow citizens and businesses to place signs and banners on their property to show support for the Phillies. Mayor Garvey stated Clearwater is not only the spring training home for the Philadelphia Phillies, but the Clearwater Phillies hometown. The Deputy City Manager stated there is an allowance for special events. The City Attorney stated in order to allow waiver of an ordinance, the City Commission would need to adopt an ordinance, which would take too long. Commissioner Thomas stated he would support, by Commission consensus, directing the City Manager and staff to allow the banners during the World Series. He also requested the Commission give consideration to banners on telephone or light poles to go up every year during spring training to welcome the Phillies. Staff was directed to provide a cost estimate for the project. ITEM #6 - Direction re: presentation to Tourist Development Council (TDC) Commissioner Thomas stated he met with Commissioner Rainey regarding the Tourist Development Council to receive his input regarding funding for downtown development in Clearwater. Mr. Rainey suggested Clearwater request to be agendaed for the TDC's November meeting. Commissioner Thomas asked that staff be directed to make a presentation to the Council, requesting $5 million to renovate the Maas Brothers building as a convention center. He stated Mr. Rainey was receptive to the presentation and request. Commissioner Fitzgerald stated he thought the issue of a convention center at in the Maas Brothers building was contingent upon a commitment for the entertainment center for the third floor. He stated issues, including cost to the citizens, maintenance, and whether economically feasible, have not been settled. He expressed concern that no public input was received. Commissioner Thomas stated a motion was passed to go forward with the convention center subject to acquiring a tenant for the third floor. He stated it is a tourist oriented project, and trying to acquire funding from the TDC is a positive way of moving forward on the concept. Commissioner Thomas moved to direct the City Manager to create a presentation for the TDC November meeting in order to request funding of $5 million for the renovation of the Maas building to convert it to a convention center. The motion was duly seconded. Commissioner Fitzgerald stated the Commission should not move forward on this until the cost to Clearwater is known. He stated other communities with convention centers have to subsidize them. Commissioner Thomas stated 80% of all trade shows in the United States utilize 50,000 square feet or less. He expressed concern regarding the adverse decision in the Scientology case regarding taxation, and a constitutional amendment allowing no more than 3% property tax increases in the next three years. He felt the City needed to be proactive in developing businesses and the tax base. Commissioner Thomas stated the Commission needs to get behind the businesses of the City, and the trade/convention center concept is a means of doing this. He believes it is time to be aggressive in the commercial arena. Mayor Garvey stated it would be okay to make a request for funding, but felt asking for $5 million is not realistic in that the TDC promotes all of Pinellas County. Commissioner Deegan stated he supports the request. He stated the second penny of the tax is available due to the refinancing of the Dome. The county underwrote a study three years ago which determined there is a market for the size center being considered. He feels the county will help, and it is time the City gets back some of the dollars it has been donating. Mayor Garvey stated the study also said the convention center would not survive without a major hotel. Commissioner Berfield questioned when the request for dollars needs to be made to get into the budgeting process. Commissioner Thomas stated County Commissioner Rainey said they would welcome a presentation at their November meeting. Mr. Rainey has tried to develop a development program in Clearwater, and is waiting for the City to ask. Mayor Garvey requested funds for subsequent subsidies also be sought. Commissioner Berfield felt the request for the building should be presented first, with other issues being addressed after the 3rd floor lease is acquired. Commissioner Thomas recommended renovation of the Maas building in three stages: 1) the convention/trade show concept, 2) food service, and 3) entertainment complex, which will be easier to get once the building is ready to move into. Mayor Garvey supported the request to the TDC, but not the trade show concept. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas and Mayor Garvey voted "aye." Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Deegan requested an update regarding the 3rd floor. Kathy Rice, Deputy City Manager stated the City Manager is working with a company in Texas to develop a RFP. A time frame is unknown. Commission recessed from 10:36 to 10:45 a.m. ITEM #7 - Receipt/Referral - adult use ordinance (Ord. #5490-93) Rob Surette, Assistant City Attorney, stated several months of research and a spacial analysis regarding locations and distance descriptions are incorporated as the presentation. He thanked Kim Booher, Concerned Women of America; Chuck Boyd, City of Largo Assistant Director of Community Development; Sheriff Rice, Captain Ward and Detective Deemer, Pinellas County Sheriff's Department; Dr. Heilman, Director of Pinellas County Health Unit; and Jim Bennett, Sr., Assistant County Attorney for their assistance and information. Mr. Surette stated Volumes I and II, as provided, consist of documentation providing a foundation to justify reasonable zoning, and arrest reports documenting activities occurring in adult entertainment establishments. The presentation includes 1) studies showing adverse secondary effects on the community, with control of these effects being the purpose of the ordinance; 2) the spacial analysis study depicting sites determined by zoning staff as reasonable for such businesses. With these 24 sites, an economic opportunity is created for adult businesses to compete with other businesses for use of the sites; 3) Detective Deemer will present and narrate a video; and 4) Dr. Massey, Pinellas County Health Department, will speak regarding disease control. Mr. Surette reviewed Volume 1, "Reports, Studies, and Case Law Regarding Adverse Effects of Adult Uses on the Community". These studies are compiled from various cities and states across the country. The results of the studies showed areas with adult establishments affected as follows: 1) increased felonious criminal activity; 2) increased noise and traffic to the detriment of business and residential activities; 3) increased sexual crimes; 4) increased sex and drug abuse, and increased prostitution; 5) increased trash and debris; 6) decreased sales tax revenue; 7) general economic decline; 8) deteriorated property values; and 9) departure of commercial businesses. Mr. Surette reviewed the exhibits presented. Mr. Surette stated constitutional principles that had to be followed are: 1) despite any possible dislike for adult entertainment businesses, the owners have a right to sell or rent products provided said product does not fit the definition of obscenity; 2) the City Commission has the authority to impose reasonable zoning to control the secondary effects of these establishments on the surrounding area provided, (a) their motivation is based on an attempt to control the adverse secondary effects and (b) they leave a reasonable alternate avenue of communication for the businesses. He stated it has been established adult entertainment businesses have an adverse secondary effect on surrounding property, and the City does not have to wait until these effects are experienced locally. The Supreme Court has ruled that cities have the right to rely on other cities' information, and do not have to conduct new studies. Mr. Surette reviewed a map of Clearwater depicting 24 locations for which adult entertainment businesses could compete to operate their business. Separation distances proposed are: 300 feet from residential zones, churches, schools and public recreation areas, and 1,000 feet from a similar establishment. The zoning districts where it is recommended the use be allowed are commercial center, limited industrial and highway commercial. The sites proposed as accessible by adult businesses comprise 3.3% of the City. If government property is deducted from the total acreage, the percentage will increase to 3.9%. The Federal Appellate Courts deemed 2.3% to 10% reasonable, with 5% being ideal but not constitutionally required. In response to Commissioner Thomas's question regarding how many courts accepted 2.3%, Mr. Surette stated there was only one. Mr. Surette reviewed the individual sites depicted on the map stating those marked with black dots represent compliance with 300 and 1,000 feet proposed separation requirements. Those sites currently used for adult use and made non-conforming with the passage of the ordinance would be amortized out in one year. Commissioner Thomas asked whether separation distances of 400 and 500 feet are depicted on the map. Mr. Surette stated those separation distances are shown on other maps. Commissioner Deegan questioned whether the site referenced in the limited industrial area is the only location acceptable in that area. Mr. Surette stated first site selection is arbitrary, with additional sites being required to be 1,000 feet away from the first. Mr. Surette stated the Renton decision was challenged by adult business representatives, and the Supreme Court upheld the original decision. Commissioner Thomas asked what percentage of land is available using a 500 foot separation. Mr. Surette stated he does not know the percentage available, but there is a lack of available sites using a 500 foot separation. Mr. Surette stated the ordinance is defensible with the restrictions imposed. They have attempted to place the uses in areas suitable to the business, including U.S. 19 and the limited industrial zoning district. Mr. Surette stated recreation areas include public beach and parks, and he suggested it be redefined to include the Pinellas Trail. Portions of the trail are in the IL portion of available sites. In response to Mayor Garvey's question regarding whether the use should be limited in areas near the Trail, Mr. Surette stated some sites would be eliminated with a 300 foot separation from the Trail. He suggested incorporating the Trail as a park rather than increasing the separation distance. In response to Commissioner Thomas's question regarding whether the percentage of land available for the use is the major factor, Mr. Surette stated the number of sites has, more recently, been the important factor. There was a case proposing an ordinance with only 2% which was declared invalid. On the other hand, you could have 10% of the acreage available, but not desirable. He stated the more recent cases are focusing on the reasonable aspect. The total of the three zones proposed is 7.7%. There would be a substantial reduction if the use were limited to CH zoning. Including the other two zones helps to provide acreage to show we have tried to provide reasonable alternatives for competing. Commissioner Fitzgerald questioned how the three zones were chosen. Scott Shuford, Central Permitting Director, stated it is felt these districts are the most land use intensive with the largest scale of commercial development. He stated they considered General Commercial districts, but those districts more frequently conflict with residential areas, and they tried to limit the number of zones in which the uses would be permitted. Commissioner Thomas again questioned the use of a 500 foot separation, with Mr. Shuford stating they tried to come up with a balance. Mr. Surette stated he would be uncomfortable with the number of sites available with that requirement. He is focusing on what is reasonable to provide economic feasibility to the businesses. Commissioner Thomas stated the Supreme Court did not address number of sites but percent of acreage available. He suggested providing only what is necessary to equal the minimum percent required. Commissioner Deegan questioned what percent would be left if the Commercial Center district was eliminated. He expressed concern that these districts are near residential areas. Mr. Surette introduced Detective Bob Deemer, Pinellas County Sheriff's Department, who proceeded to narrate a video shown as part of the presentation. The video depicted scenes from adult businesses. Detective Deemer stated there is no monitoring of the activities that go on in these places. He cited a locked back door, which constitutes a fire hazard, in one establishment. Some establishments have private booths; at others, some employees wear very little clothing and lap dance. In response to a question by Commissioner Thomas regarding whether said actions violate State law, Mr. Surette stated the State Attorney has prosecuted 24 female dancers. Commissioner Thomas questioned whether the specific case in the videotape was prosecuted successfully, Detective Deemer stated he does not know. It would be a typical case for arrest. Responding to Mr. Surette's inquiry as to Detective Deemer's personal experience in prosecuting these cases, Detective Deemer stated arrests have been made locally for prostitution solicitation in establishments. He stated Exhibits 4 & 5, copies of investigative reports regarding adult use establishments, are just a small amount representing many volumes of such cases. Mr. Surette introduced Dr. Massey, Director of Communicable Disease Services. Dr. Massey is here representing Dr. Heilman, who submitted a letter of support for the ordinance. Dr. Massey stated she currently oversees AIDS, HIV and communicable disease programs. In response to questions, Dr. Massey stated they don't currently have full names of patrons of the adult establishments. The proposed ordinance would aid in identifying and tracing contacts of someone diagnosed with a communicable disease. Dr. Massey agreed the proposed ordinance would potentially reduce the spread of disease. Commissioner Thomas moved to receive Ordinance 5490-93 and refer it for first and second readings on October 21 and November 8, 1993, respectively. The motion was duly seconded and carried unanimously. Mr. Surette handed out an amended ordinance, citing changes that were made to ensure the manager's station of an adult establishment has a clear viewing of the booths. ITEM Mayor Garvey stated Mr. Giles has invited the Commission to attend the Phillies/Blue Jays World Series games. The Deputy City Manager reminded the Commission of meetings on October 19 and 21. Commissioner Thomas expressed his opposition to the City paying for the Commission to attend the World Series. Mayor Garvey felt it appropriate for the City to pay for a Commission member to attend; if a member's spouse attends, the Commission member would pay for that. Commissioner Thomas moved that each Commissioner pay his own way if he chooses to attend the World Series. The motion was duly seconded. Upon the vote being taken, Commissioners Deegan and Thomas voted "aye." Mayor Garvey, Commissioners Berfield and Fitzgerald voted "nay." Motion failed. The City Attorney announced he is requesting a closed session with the City Commission regarding Snair v. City. The meeting would be at 3:00 p.m. on October 19, 1993. ITEM #8 - Clearwater Public Library Main Library Building Program (LIB) One of the Library's goals, as published in the 1992-93 City budget, was "to perform a space requirement and utilization analysis of the Main Library in terms of current needs and a 21-year projection." David Henington, Library Consultant from Houston, Texas, compiled the Main Library Building Program as distributed. He spent time with staff from each library work group and utilized the existing evaluation report of the Main Library, which was compiled last year. The program can be utilized for a new or renovated Main Library in any downtown location. It will serve as a needed guide for the architects, planners, and builders for the City's scheduled 1997 capital improvement projects. It is consistent with the Library's long-range plan. Dr. Arlita Hallam, Library Director, stated the report is being presented for future planning and no decisions are being requested at this time. Dr. Hallam presented a history of the Main Library, stating it was constructed in five stages. 1) The "carnegie" portion was built in 1916, containing 8,210 square feet on two levels, and has many limitations due to load bearing walls and columns, low ceilings, uneven floors, inefficient energy usage, a "type 5" fire code rating not being adaptive for ADA. Therefore, it is used strictly for storage, work space, purchases and acquisition, and administrative offices. 2) The second portion was added to the building during the WPA era, is a four story, book stack tower, containing 2,892 sq. feet, with one level having no egress except a 2-1/2 foot wide stairwell made out of concrete, low ceilings, and ineffective fire escape. It is used totally for storage and does not have public access. 3) The largest part, added in 1960, is the windowed portion that faces Osceola Avenue and the corner of Drew Street, and has three floors totaling 9,985 sq. ft. The addition has had some problems with leakage around the windows, but the major problem is the floor loading restricting book stacks to the rear third of this addition. The third floor is used for technical services and offices, and the second floor is used for reading tables with some reference shelves. A study of the building did investigate a way to shore up the second and third floors to a 125 lbs. per sq. ft. load limit. That would require additional columns and, therefore, make it impractical and infeasible. 4) The 1980 "Adler addition" is a two story structure on the Coachman Park side of the building, which added 12,773 sq. ft. to the main building. This addition is totally useable as a library, with a floor load of 125 lbs. per sq. ft. and could handle the addition of a third floor. 5) In 1984, the third floor portion of the 1960 addition was finished, and the total building capacity reached 49,235 sq. ft. Approximately half of the existing main library has the floor capacity to hold book stacks. In January, 1993, Educated Design Engineers of Tampa conducted a structural evaluation of the Main Library building. They found the building to be very well maintained, but pointed out structural and safety deficiencies as already noted. Most of the safety and access concerns are in the 1916 and 1930 portions of the building. The Main Library is functioning beyond its book capacity with books being shelved at 90 inches, which is too high for anyone to reach. Placement of books is very limited because portions of the floors can not support the weight. The location of the entrance, stairs and elevators mandates the public service desk location, which reduces the visibility of the public, and makes the public service desk not very functional. In 1990, a citizens long range planning committee, recognizing the need to enlarge the Main Library by the turn of the century, prepared a long range plan to take the library into the year 2001. The plan was accepted by the Commission. It was recommended that, as the library designs for the future, plans be included for a computer audio video lab for children, cable television studio, space for group study, public computer facilities, display space for rotating exhibits, and expanded meeting room space to accommodate 350 people in an auditorium type setting. Mr. Henington's analysis of the library resulted in a need of 88,000 sq. ft. of library space. The building program provides for the shelving of 345,000 library materials, allowing for approximately a 57% increase over the current Main Library collection. It also provides for the technologies of the future - databases, telecommunications, and computer facilities. Dr. Hallam stated the program does not call for a specific site or architectural design. It does, however, make specific recommendations to provide for minimal staffing in terms of functions, energy conservation, sufficient floor loading capacity, adequate lighting, low maintenance, and functional relationships of work areas to the public service areas. Dr. Hallam requested the building program be accepted to be used as a planning tool whenever the decision to build is made. It will stand for several years and will help us know what spacial allocations will be needed. Commissioner Deegan stated the program shows a total gross square footage of 87,981, which is translated into a building cost estimate of $12.5 million. He questioned if acceptance of the program infers the Commission is willing to spend $12.5 million. Dr. Hallam indicated it was not. She stated the cost will depend on location and other factors. In response to Mayor Garvey's question regarding the projected cost, Dr. Hallam stated the projected 1996 cost was based on the 1993 base costs plus a 4% annual inflation rate. The purpose was to give a ballpark figure. Commissioner Deegan questioned what the current use of the building program would be, if accepted. Dr. Hallam stated it was a planning tool to be used when a decision is made to do something with the Main Library. Commissioner Deegan expressed concern with accepting the building program now, stating he has a lot of questions about some of the specifics. He recommended acceptance wait until after further discussion and decisions are made regarding whether to renovate or build a new library. Mayor Garvey reiterated the Commission is being asked to accept the report, not approve anything. Commissioner Deegan stated if all that is done is to accept the report, he would not object, but he did not want to be told later on that a building program was approved. He congratulated Dr. Hallam stating the report has a lot of useful information and there will be a time when it will be useful. Dr. Hallam agreed they are not ready to go into a building program in terms of construction at this point. The report is being brought forward as informational only. She chose to present it in order to give the Commission an opportunity to ask questions. Mayor Garvey stated depending on what decisions the Commission makes regarding City Hall, the suggested 350 seat capacity auditorium ties in when discussing the need for a community room. She stated the Commission is only receiving the information today; when the time comes to make a decision, the building program at least gives the basic information of what a library needs. Commissioner Thomas stated he does not want to formally accept the report because it would be considered an endorsement. He questioned whether the space on the 2nd or 3rd floor that is not usable for book storage could be used for meeting space, and all ground floor space be used for books. He felt there are 2-3 elevators that make the building ADA available. Dr. Hallam stated she had considered, this but people would have to be rerouted to ensure they went past the circulation desk; it does not have an adequate square footage and has outside egress and access to the restrooms when the rest of the library is closed. It would also limit access of meeting rooms to a time when the library was open, or require staff to be on duty when the library would otherwise be closed. Commissioner Thomas questioned the library's immediate need. He stated the population of Clearwater is not increasing at the same rate as the proposed library expansion. He stated joining the County Co-operative is also being considered. He has many other questions, but requested validation of the recommended space requirements. Dr. Hallam stated they are currently shelving at 100% capacity. As books are added, others are thrown away. The Main library is a research library, used heavily for reference. Commissioner Thomas felt data information systems will reduce space requirements of libraries. Dr. Hallam agreed current information is on disks, databases and on-line services, which need to be accommodated. Much of the older information is in book form. She stated libraries are not having to expand nearly as much as 30 years ago because of information systems changes. Commissioner Thomas again questioned the proposed increase in size of the library, especially in view of how technology is changing how libraries function. Ms. Hallam responded much of the increase is to add facilities we do not currently have, to provide space for meetings, telecommunications and database areas. Another need is to reduce the height of book storage to at most 72" and to have the shelves roughly 75% full rather than at total capacity. Commissioner Thomas challenged the validity of the report. Dr. Hallam indicated staff tries to increase space by inventorying, rearranging and so forth. She stated use of the Adler room is still being considered, as well as renovation of other space. Mayor Garvey stated the Commission is being asked to receive the report. She stated they are not committing to a building program. Responding to Commissioner Berfield's comment regarding the available space at the branch libraries, Ms. Hallam stated many materials are bought in multiple copies, and some materials are moved to the branches where it is felt it will meet the neighborhood needs. The branches have not been developed into research and reference centers. The Main Library is the research center for the entire system; the others are neighborhood branches and, where it seems it would be appropriate, materials are put into those branches. Dr. Hallam stated they are currently buying 25 copies of each bestseller, yet the demand seems to be for 100 copies. A plan is being implemented to acquire a rental collection of about 75 copies from the vendors to be rented to the public. It is expected this will not cause a fiscal impact and, as soon as those figures are compiled, a report will be sent to the Commission. Commissioner Berfield expressed concern that access to the resource materials is not available at the East and Countryside branches, which are used a lot by the young people in those areas. Dr. Hallam stated the reference collections at those locations are being enlarged as the need arises. It could get to the point where there are three co-equal libraries. Commissioner Berfield questioned whether some of the reference material could be moved from Main to East or Countryside to help alleviate the space problem now. Dr. Hallam stated they keep the reference collection at Main because that is where the bulk of the demand is. She indicated if the decision is made to join the co-op, space problems may be eliminated due to networking with other libraries. Commissioner Thomas requested information be provided regarding the East and Countryside libraries including total square footage and what percent of capacity is unused. He stated a new recreation center is being built in Countryside that has meeting rooms. That might eliminate the need for a meeting room at the Countryside branch. Commissioner Deegan questioned whether the request for money to relocate shelving (agenda item #10) is simply to make the spaces wide enough to comply with ADA or if it will also address the 90" high storage. Dr. Hallam stated reducing the 90" high storage is not possible. Overall, there will actually be a loss of space. She stated the relocation for ADA will also cause some loss of space at the East and Beach branches. Commissioner Thomas questioned whether all the books have to be reachable by a person in a wheelchair to acquire ADA approval. Dr. Hallam responded access to the bottom and top shelves will not be possible from a wheelchair. However, a wheelchair has to be able to get down the aisles and turn around in the aisles, and at least be able to look at the book and point to it. Staff involvement will be required to retrieve materials for wheelchair patrons. Commissioner Fitzgerald moved to accept the Clearwater Main Library Building Program report and thank Mr. Henington and Dr. Hallam for presenting it. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan, Fitzgerald and Mayor Garvey voted "aye." Commissioner Thomas voted "nay." Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #9-15) - Approved as submitted. ITEM #9 - Supplemental Agreement No. 7 to contractual agreement with David Volkert & Associates, Inc., re: design, prepare plans & obtain permits to replace existing gas main across Clearwater Pass not included in the original agreement, increasing the contract amount by $25,412 for a new total of $1,223,956.46 (GAS) ITEM #10 - Contract for relocation of existing book shelving at the Main, East, Greenwood & Beach libraries for ADA compliance to Hallett Movers, Summit, IL, for $10,500 (GS) ITEM #11 - Purchase of four Professional Gravely Model 50125 Hydraulic Lift Mowers & Decks from Jan Mur, Inc., d/b/a Quality Mowers, Clearwater, FL, at a total cost of $21,886.68 (GS) ITEM #12 - Extension of contract for temporary employment services with Kelly Temporary Services, Clearwater, FL, for the period 12/1/93-11/30/94, at an est. $60,000 (HR) ITEM #13 - Amendment to contract for Tennis Court Resurfacing with Varsity Courts, Inc., Longwood, FL, by $13,682.63 for a new total of $23,633.63 (PR) Commissioner Berfield questioned whether the subject courts are any of those planned to be moved at some future time. Ream Wilson, Parks and Recreation Director, stated there are nine courts below City Hall. The five concrete courts are to be relocated with these asphalt courts remaining. ITEM #14 - Agreement with The Armory Board, State of Florida, re: city's use of the armory gymnasium facilities located at 706 N. Missouri Ave. for city recreation programs ($8,750) (PR) ITEM #15 - Contract for parking attendant services at the Pier 60 & S. Gulfview parking lots to Republic Parking Systems, Chattanooga, TN, for the period 10/1/93-9/30/94, for $260,610 (PW) Commissioner Thomas moved to approve the consent agenda as submitted. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #16 - Res. #93-66 - accepting a franchise for the purpose of furnishing natural gas within the City of Belleair Beach (GAS) The Deputy City Manager presented Resolution #93-66 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-66 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #17 - Purchase and installation of a rooftop heat pump/air conditioning system for the Police Communications Center, from TBG of Tampa, Inc., Tampa, FL, for $27,486 (PD) The current Police Communication Center and its air conditioning system were brought on line and occupied in October 1989. Since the initial operation of the unit, a number of air quality, health related problems have been experienced. The current air conditioning unit is a six ton unit and is too small to properly ventilate the area. A unit in the range of ten ton would service the Communications Center. The current unit cannot circulate the fresh air adequately nor can it control the temperature within the confines of the Communications Center. In April 1992, air quality/purification technicians from Computer Support Product, Inc. inspected the system and found the system to be too small. In October 1992, the City utilized Environmental Engineering Consultants, Inc. to monitor the air quality in the center. They found elevated levels of carbon dioxide, along with an insufficient fresh air supply which can result in physical complaints or aggravate pre-existing conditions. Mayor Garvey questioned the status of the Barnett Bank issue, and whether replacement of the air conditioning system can wait. Kathy Rice, Deputy City Manager, stated the current option on the property has been extended two weeks. The owner of the option has offered to sell it to the City. The City is waiting for written offers. She stated if there is a several month delay, the air quality problems cannot wait. Commissioner Fitzgerald expressed concern that the system being replaced is only four years old, and questioned why it is now too small. Ms. Rice stated the configuration in the Police Department has changed considerably and the requirements for fresh air have also changed in the past four years. Commissioner Thomas moved to continue Item #17 to the meeting of November 15, 1993. The motion was duly seconded and carried unanimously. Commissioner Deegan requested information regarding how much of the $27,000 system can be relocated be provided. ITEM #18 - Improve landscaping on Island Estates medians with City providing for grass, trees & monthly water bills and the Homeowners Association providing for installation & maintenance of a drip irrigation system (PR) In July 1993, staff proposed specific landscaping improvements to the medians on Island Estates. The City Commission denied the proposal due to 1) overall project cost was considered too expensive, 2) heavy use of irrigation was deemed undesirable at a time when conservation is important, and 3) the ongoing annual cost of irrigation water to the City was deemed excessive. As directed by the Commission, staff met with representatives of the Homeowner's Association to review various options as to how the landscaping might be completed at less cost and with a reduction in water. The new proposal for the 15 medians has reduced the estimated overall cost (labor and materials) from $111,884 to $89,788.25. The "use" of water has been reduced since the new plan includes only a "drip" system rather than full irrigation. The grass type has been changed as it will not receive irrigation. Also, the drip irrigation system reduces the estimated cost to the City of water to $2500 per year. The new landscape theme follows principles of xeriscaping more closely than the original plan and routine maintenance should not increase. Regarding costs, the Island Estates Homeowner's Association will pay for all labor and materials of the drip irrigation system at an estimated cost of $10,239. Costs to the City will be $32,768.75 for materials and $46,780.50 for labor. Mayor Garvey questioned the labor cost, and Kathy Rice, Deputy City Manger stated this amount is for staff time to complete the project. Commissioner Fitzgerald expressed concern that, since this is a neighborhood project, other neighborhoods will expect the same. He felt the citizens of the neighborhood should pay for it. He asked whether this includes the main entrance to Island Estates. In response to questions, Ream Wilson, Parks and Recreation Director, stated he anticipates the maintenance to be the same as now. The landscaping project does not include the main entrance. There is an increase of $2500 per year to the City for water. Commissioner Thomas questioned whether the City is responsible to maintain medians throughout the developments in the City. He also questioned whether the City is responsible to replace grass, plants, etc. in the medians. Mr. Wilson stated the City has inherited maintenance of all the medians. Commissioner Fitzgerald stated the City has not had to replace greenery, just mostly mow the grass. Commissioner Thomas asked Mr. Wilson whether the City replaces grass when it dies. Mr. Wilson stated they have done some spot sodding and replaced some trees when dead. Commissioner Thomas expressed that one of the advantages Clearwater has is the landscaping of its neighborhoods. In response to Commissioner Deegan's question regarding the time saved from trimming oleanders, Mr. Wilson stated the time will be used trimming the palms. He stated the landscaping proposed is strictly grass and trees; there will be no flowers or shrubbery. He indicated one of the goals in this year's budget is to look at all medians. Responding to Commissioner Deegan regarding how many medians are not on a thoroughfare, Mr. Wilson stated on Island Estates there are approximately two miles of medians, two miles or more in Countryside, 1-1/2 miles in Morningside/Meadows, and a small amount in Harbor Oaks. They are currently looking at contracting out the maintenance of the medians. Commissioner Thomas asked how long the replacement cycle is. Mr. Wilson stated it is hard to say as materials used and locations vary. Mayor Garvey questioned why ligustrum or some other low maintenance tree should not be used rather than palm trees, which are high maintenance. Mr. Wilson stated there may be a savings in maintenance, but the ligustrums are more expensive to purchase. Commissioner Fitzgerald expressed concern regarding the demand on future revenue, citing the initial cost plus $2500 per year for water multiplied by 4-5 more miles of medians throughout the City. He stated taxes come from all the citizens. Commissioner Deegan agreed to the need for fairness to all areas. Commissioner Berfield questioned whether there was a different ground covering that would require less watering and maintenance. Mr. Wilson stated it is more expensive to buy and still requires maintenance. Commissioner Berfield asked what the association's maintenance responsibility would be. Mr. Wilson stated they would do the day to day maintenance of the irrigation system, with any major repairs fixed by City staff. Commissioner Thomas moved to approve the landscaping on Island Estates medians with City providing for grass, trees & monthly water bills and the Homeowners Association providing for installation & maintenance of a drip irrigation system, and that staff look at all areas of the City for median improvements. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "aye." Mayor Garvey and Commissioner Fitzgerald voted "nay." Motion carried. It was stated Mr. Wilson would present his proposal for medians, City-wide, during the annual capital improvement project review. ITEM #19 - Res. #93-61 - establishing new fees and categories for non-residents to participate at city recreation facilities and in city recreation programs and activities (PR) On August 18, 1988, the City Commission approved a formula for the purpose of computing fees non-residents pay for Parks and Recreation Department programs. Non-resident fees were last computed and increased on December 19, 1991. Since that time, the Parks and recreation Department's budgeted expenses and revenues have increased. Based on the formula, the proposed fees for non-residents are as follows: TYPE OF FEE (cards) CURRENT PROPOSED DIFFERENCE Annual individual card $ 51.00 $ 56.00 $ 5.00 Annual family card $127.50 $140.00 $12.50 Single season sports fee $ 30.00 $ 33.00 $ 3.00 New options have been included for non-residents who participate in co-sponsored programs where leadership is provided by non-city employees. Specifically, one option allows non-residents the opportunity to participate in programs such as Little League Baseball, Soccer, Football, etc. for a fee of $10.00 per activity for youth, and $20.00 per activity for adults. Also, a maximum family fee of $25.00 per activity is included for families that have three or more youth involved. The second option allows the Clearwater Shuffleboard, Lawn Bowls and Horseshoe Clubs to satisfy their non-resident participation by paying a flat fee of $100.00 per year for the entire club. Another major change proposed by staff relates to exempting co-sponsored programs and their non-resident participants where a majority of the program facilities are provided by a municipality other than Clearwater. For example, this will exempt participants of the Safety Harbor/East Clearwater Little League from paying non-resident fees since the majority of the ballfields are provided by the City of Safety Harbor. It is estimated the changes will generate approximately $36,770 in additional revenue. The recommended fees will become effective January 1, 1994. Commissioner Thomas moved to establish new fees and categories for non-residents to participate at city recreation facilities and in city recreation programs and activities. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-61 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-61 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #20 - Extension of existing contract with Industrial Refuse Sales, Inc., Lakeland, FL, re: purchase of front-end loading refuse containers and spare parts, for the period 11/6/93-11/5/94, at an est. total annual cost of $135,000 (PW) The original contract with Industrial Refuse Sales, Inc. was awarded on November 6, 1992. Industrial Refuse Sales,Inc., has agreed to extend for an additional year the prices of the current contract. Commissioner Thomas moved to approve extension of the contract with Industrial Refuse Sales,Inc. for the period 11/6/93 to 11/5/94. The motion was duly seconded and carried unanimously. ITEM #21 - Contract for restoration of Turner Street Dock to Diversified Tech Inc., Enterprise, FL, for $22,000 (PW) During March of this year, a "no name" storm with gusty winds and high water damaged the deck structure of the public pavilion located on Clearwater Harbor at the western terminus of Turner Street. The existing pilings, columns and roofing structures appear to be in reusable condition. The purpose of this contract is to provide for the repair of the structure to its original condition by removing and disposing of debris, replacing the damaged deck, providing handrailing to current code requirements, providing for minor additional bracing in the roof trusses and repairing the adjacent seawall cap. The Contractor will obtain the necessary building and commercial dock repair permits. The Environmental Division has applied for permit exemption to the Florida Department of Environmental Protection since the dock is in the same location, configuration and was constructed prior to 1975. Permit submittals and approval are expected to take up to 90 days. Construction will immediately follow and should be completed in less than 30 days. The City has received $23,300 from the Federal Emergency Management Agency (FEMA) in accordance with damage assessment reports filed with that agency. Commissioner Fitzgerald questioned whether the $23,300 received from FEMA was for damage to both docks or just Turner Street. Deputy City Manager Kathy Rice stated that amount was for Turner; money was also received for Magnolia. Commissioner Thomas questioned when an item for Magnolia would be coming. Ms. Rice stated it will come to the Commission once the Development Code Adjustment Board takes action on a variance request. Commissioner Deegan moved to award a contract restoration of Turner Street Dock to Diversified Tech Inc., Enterprise, FL, for $22,000. The motion was duly seconded and carried unanimously. ITEM #22 - Res. #93-58 - approving amendment to agreement with FDOT re: Clearwater Pass Bridge replacement (PW) The Commission adopted Resolution 93-24 on April 19, 1993 approving a Joint Participation Agreement between the City and the FDOT for construction of the Clearwater Pass Bridge. The JPA called for both the City and the FDOT to render Right-of-Way Certification. The Amendment to Agreement clarifies this responsibility as belonging solely to the FDOT. Additionally, the Amendment to Agreement calls for the City to grant the FDOT all necessary Rights of Entry for performance of its obligations under the JPA, and to provide the FDOT with Technical Specifications for placement of dredge spoil at the City's Northeast Wastewater Treatment facility on SR 580 and McMullen Booth Road. These specifications will be prepared by David Volkert and Associates, the City's engineering consultant for the project. Commissioner Thomas moved to approve the amendment to the agreement with FDOT. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-58 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-58 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #23 - Filling of vacant positions while former employees continue to receive accumulated leave pay with costs to be funded by appropriation of unreserved, undesignated fund balance in each affected fund (CM) Generally in the past, positions have remained vacant until the former employee has been removed from the payroll after all accrued leave time has been paid. Although it causes additional workload on the remaining positions, positions remain vacant sometime for a year or more. Due to reduced staffing levels and increased work loads, it is becoming increasingly difficult to function with vacant positions., Since resignations and retirements cannot be anticipated, budgeting to fill such vacancies is difficult. Commission authorization to fill positions immediately, contingent upon the Budget Office identifying available funds, would assure departments consistent staffing levels. The City Commission has approved the concept of this program for the Police and Fire Departments as a public safety issue. The program was never actually implemented because salary savings and position turn over rates generated sufficient funding without the appropriation of the unreserved, undesignated fund balance. Approval of this item would extend the program to all City departments on an as-needed basis. Initial funding will be included as a first quarter budget amendment. Mayor Garvey stated if the policy is established, it would still be the City Manager's discretion to determine if a position needs to be filled. Commissioner Thomas felt it should be a management issue, not policy. Commissioner Deegan questioned why the funding should come from the undesignated fund balance when a 2% salary savings is in the budget. Betty Deptula, Assistant City Manager, stated the 2% savings is estimated for the budget, but is usually a higher overall average of the City. Large departments generally have higher savings. There are currently 11 employees using accumulated benefits. This has a significant impact on small departments when the position cannot be filled. Commissioner Deegan stated there is a cap and they are trying to hold the line on the number of employees, He questioned whether the temporary employee service could be used for those positions. Ms. Deptula stated the smaller departments usually don't have funds budgeted. She stated due to the 2% salary savings requirement, departments only budget 98% of the estimated salary expenditure. Commissioner Thomas recommended approval with quarterly reviews. Commissioner Deegan moved to approve the filling of vacant positions while former employees continue to receive accumulated leave pay with costs to be funded by appropriation of unreserved, undesignated fund balance in each affected fund, with the understanding that each instance is approved by the City Manager. The motion was duly seconded and carried unanimously. ITEM #24 - Center Foundation Board of Trustees - 1 appointment (CLK) Peter Connell, one of two Clearwater representatives on this board, has a term ending 9/30/93 and does not wish to seek reappointment. Emmanuel Fellouzis is being recommended for appointment and has submitted his application. Commissioner Thomas moved to appoint Tim Johnson, Jr. to the Center Foundation Board of Trustees. The motion was duly seconded. Mayor Garvey stated she spoke to Mr. Fellouzis and he is very interested in serving on this board. Commissioner Berfield stated she requested Mr. Fellouzis submit his application, and felt Mr. Johnson should do the same for consideration of a future appointment. Commissioner Thomas expressed concern that he doesn't have any knowledge about Mr. Fellouzis' fund raising abilities, whereas, Mr. Johnson is strong in that area. Upon the vote being taken, Commissioners Thomas and Fitzgerald voted "aye." Commissioners Berfield and Deegan and Mayor Garvey voted "nay." Motion failed. Commissioner Berfield moved to appoint Emmanuel Fellouzis. The motion was duly seconded and carried unanimously. ITEM #25 - Other Pending Matters a)(Cont. from 10/7/93) Marina Slip Rent increases, to be effective 11/1/93, Transient Vessels slip by 5 cents, Private Pleasure Craft slip to $3.50 per foot per month for Clearwater residents and to $4 per foot per month for non-residents, and Commercial Boats slips based on the total passenger capacity of the vessel assigned to the slip or special purpose (MR) The annual slip rent survey of marinas includes rates from both municipal and privately owned marinas. The survey reveals the City of Clearwater marina slip rent rates for private pleasure craft are on the low side and commercial boat slip rent rates are extremely low. The proposed increase of slightly less than five percent in private pleasure craft slip rent is felt to be justified when our slip rent rates are compared to other marinas. The proposed private pleasure craft rates were rounded off at $3.50 for Clearwater residents and $4.00 for non-residents. Clearwater Marina has been able to maintain close to 100% occupancy on the rental of private pleasure craft slips for the past year and staff feels that an increase more than that recommended could cause the occupancy rate to decline. Non-passenger carrying craft in slips that belong to Harbor Yacht Sales, Ross Yachts, and Island Estates High and Dry are included in the private pleasure craft category and recommended for an increase in the twenty percent range. The slip rent rate for commercial boats is the rate that needs the most adjustment. When compared to other marinas, Clearwater Marina has the lowest commercial slip rent rate of any marina surveyed. The proposed increase lists each category of commercial boat based on the total passenger capacity of the vessel or on a special purpose such as para-sail, multi-vessel, bare boat rentals, or commercial fishing vessel. Approval of the marina slip rates will increase annual marina slip rent revenue by approximately $56,000. Commissioner Deegan moved to approve the Marina slip rent increases effective November 1, 1993, as recommended by staff. The motion was duly seconded and carried unanimously. b) Legislative package Betty Deptula, Assistant City Manager, stated the Legislative package will be presented to The Legislative Committee at its November 16 meeting. High Priority Issues and other General Issues of Support or Concern are described in Exhibit A of the minutes. Commissioner Fitzgerald recommended the Sunsetting of the Downtown Development Board (DDB) issue be deleted. The Board had an election with the property owners voting 2-1 to maintain the board. Cooperation is growing between the CRA and DDB, and they are considering ongoing activities. He recommended the resolution to abolish the DDB be rescinded. Commissioner Thomas moved to rescind the motion to dissolve the DDB with the condition Commissioner Deegan come back with an ordinance updating the code regarding the DDB. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald stated the Gun Control issue is too broad. He does not agree with complete prohibition of gun sales. Mayor Garvey stated she suggested prohibition of gun sales at gun shows because it eliminates the three day waiting period. She did not support restricting all gun sales. Commissioner Thomas suggested a requirement for the sellers to be registered. Commissioner Deegan agreed with what is recommended, stating additional concerns to be addressed could be added. Consensus was to remove "prohibit" from the language. Regarding the Sale of Single, Cold Alcoholic Beverages at Establishments that Sell Gasoline, Commissioner Fitzgerald stated dealing with this issue at a local level will not solve the problem. He felt it should be expressed that they want it restricted by State law. Mayor garvey suggested an amendment to specify the "State not permit" said sale. She felt if the State would not regulate this, then it should be requested they at least give counties the right to do so. The City Attorney recommend changing "cities" to "local governments," as this would allow either to take action. Commissioner Deegan pointed out the package includes the requests to exempt Homeowners' Associations from the Corporate Fees and that the loophole for repeat violators be addressed. Commissioner Deegan questioned the wording regarding making city-owned property leased to others exempt from ad valorem taxes. He was concerned this would be interpreted as an all or none proposition. Ms. Deptula is to reword the statement. Commissioner Deegan stated the Secretary of Housing and Urban Development made a public statement regarding the priority of providing funds to solve the homeless problems. The Federal funds are funneled through the State. He recommended a request for these funds be made a high priority. The Assistant City Manager stated the deadline for "special appropriations" has already passed; however, she would write up something in order to address this. CITY ATTORNEY REPORTS ITEM #26 - Other City Attorney Items a) Dails v. City - Dails request to modify payment plan to City The City Attorney stated Mr. and Mrs. Dail sued the City, rejected the City's offer of settlement, and went to trial. They lost the case and were ordered to pay fees and costs to the City of Clearwater, and we agreed to $50 per month payments. An attorney, representing the Dails, has written the City indicating the Dails were unaware interest accrued on the amount ordered. The $50 per month payments do not cover the interest due, and they are falling deeper in debt. The Dails are now requesting the City forgive the interest on the debt as long as they continue to make monthly payments. Mayor Garvey questioned how much is the debt, and how long it will take to be paid off. The City Attorney stated he will provide that information and bring back Thursday. Commissioner Fitzgerald moved to continue Item #26a to the meeting of October 21, 1993. The motion was duly seconded and carried unanimously. Item The City Attorney stated there are some minor changes to the agreement for sale of the Sun Bank to be completed. It is proceeding on schedule and should be signed tomorrow. ITEM #27 - City Manager Verbal Reports The Deputy City Manager stated the Chamber requested she announce to the Commission there will be a "special event" on Clearwater Beach Tuesday, October 19 at 1:00 p.m., the unveiling of a sand sculpture representing the Phillies and Blue Jays. The meeting recessed from 4:50 to 5:02. ITEM #28 - Commission Discussion Items a) Oak Trees Brenda Harris Nixon wrote a letter concerning the oak trees on Cleveland Street in Downtown. She requested the trees not be replaced when they reach a certain size, but be allowed to mature. Ream Wilson, Parks and Recreation Director, stated staff has not removed any trees lately. They only remove a tree if it causes a problem (such as growing into wires, against buildings, or block signs), and then it is replaced. Commissioner Berfield stated on street parking may eliminate the problem for trucks of trees overhanging the right-of-way. Commissioner Thomas felt the trees should be allowed to grow to maturity. Commissioner Deegan expressed concern the buildings wouldn't be visible. Responding to Commissioner Fitzgerald's statement regarding removal if a sign is obscured, Mr. Wilson stated staff does selective trimming, but does not remove trees. b) Horseshoe Club request The Horseshoe Club is requesting money from the City to help pay for aluminum shelters to be constructed over the "pit" areas of 16 courts located at Ed Wright Park. Mr. Gaseau, of the Horseshoe Club, has received two cost proposals, with the low bid being $18,900. He is proposing that the Club donate 20% of the cost with the City funding the remaining 80%. If approved, the project will have to be advertised for bid. The City recently assisted with projects at the Clearwater Shuffleboard and Lawn Bowling clubs. Those City paid approximately 50% towards said projects and provided an interest free loan to the Clubs for the other 50% of the cost. Responding to Commissioner Deegan's question regarding the requested 80/20 split, the Parks and Recreation Director stated that is the Club's request, not the City's recommendation. Commissioner Thomas moved to approve paying 50% of the cost of the project with the City offering a loan program to the Club for the other 50% as has been the tradition with similar organizations. The motion was duly seconded and carried unanimously. c) Court Reporter in City Clerk Department At Commission direction, information was compiled by the Human Resources and Computer Information Services Departments regarding costs for court reporting staff. Costs are anticipated as follows: 1) average annual salary is $25,000; 2) cost of equipment approximately $3-4,000; 3) software for editing, filing, and indexing costs about $4,000 with an annual maintenance of $400; and 4) add $2,000 if a dedicated PC is required. Mayor Garvey asked the City Clerk how she prefers to handle the minutes. The City Clerk stated a Board Reporter position has been established and the position should be filled soon. A negative aspect of using a court reporter is they are trained to produce a verbatim transcript, not summary. Commissioner Thomas stated the court reporter can summarize the verbatim as viewed on the computer monitor. He felt modern technology needs to be implemented rather than taking hand written notes. Staff could be trained to use more modern equipment. Commissioner Deegan recommended the Board Reporter be hired now, and that the City Clerk pursue newer technology that best suits the needs of the City Clerk for minutes production. Consensus was to do as Commissioner Deegan recommended. Note: the following items are Cont. from 10/7/93 d) Single, can of cold beer purchase at gas stations This item was discussed as part of the Legislative package (#25b). e) Commission Rules - Continued. f) N. Greenwood Association request re: Plaza Park Mr. Wilson stated a policy is in the works for naming and renaming of parks. Once established, the request regarding Plaza Park will be addressed. g) Naming and renaming of parks Commissioner Thomas stated a definition of park needs to be established. He suggested criteria for parks be based on neighborhood, citywide, and in-between. Muhammad Abdur-Rahim stated the N. Greenwood Association followed the procedure in place when it requested Plaza Park be renamed. He stated it was not their intention to take anything away from the Drew Park and Plaza Park subdivisions. It was their intention to have the park named after Lamar Ford, a child who lost his life due to drug trade in the area. He felt it was wrong for the parents of the child to go through this as the name change had already been approved by the City Commission. Robert Harn stated the Homeowner's Association submitted over 60 signatures of Plaza Park Subdivision residents who are against the renaming of the park. He questioned whether a decision will be made today. It was stated this issue will not be agendaed again until a policy for renaming/naming parks is established. David Grice, President of Drew Plaza Subdivision Homeowner's Association, stated the association held their first meeting and passed a motion for disapproval of the name change of Plaza Park. There are 122 out of 140 properties that are owner/occupied. Current member-ship is 64, and there are 35 applications not yet received. He was surprised to see the article in the newspaper that the issue is not settled. Tracy Davis, Vice President of the N. Greenwood Association, was dissatisfied the renaming of the Park is being prolonged. He stated the Drew Plaza Association didn't exist until the name change issue. He stated the community is predominantly black, the community needs to be recognized. Commissioner Thomas stated the City Commission has worked overtime, using its resources for the Greenwood area. He stated decisions can't always be final; there needs to be a means of appeal. Commissioner Fitzgerald stated when the request for renaming the park was first made, everyone tried to do the right thing. The Commission was committed when the decision for renaming was made; however, it was later found the issue was not addressed properly. It is now hoped they can come to an equitable agreement. He expressed the need to expedite the policy issue. Commissioner Deegan stated he hopes for a compromise between the neighborhood residents. A memorial to emphasize the African/American culture is of value. Consideration also needs to be given to the issue of not instituting a reminder relating drugs to the neighborhood. In response to a question regarding the blockades in the area, Commissioner Deegan stated they were placed by the Police Department to control drug traffic in the area. In response to Commissioner Thomas's question when the policy can be established, Mr. Wilson stated the Parks and Recreation Board meets Monday, and they will come back with a recommendation from the Board. It was suggested Mr. Wilson try to get the people from both associations together to try to work out an agreement. h) State transfer of roads to local governments This item was discussed as part of the Legislative Package (#25b). i) Keene Road Commissioner Thomas stated he felt this issue was settled with the three lane decision for Highland. Peter Yauch, Traffic Engineer, stated a presentation by King Engineering is scheduled for the November 1 Commission meeting. A public information meeting was held last week at Skycrest. He stated they are calling for six lanes south and four lanes north of Drew Street. Commissioner Deegan requested a written report regarding public comments at the public information meeting. j) Citizen volunteers The City Clerk stated first reading of the ordinance regarding advisory boards is agendaed for the 10/21 meeting. Commissioner Thomas questioned the Commission whether they feel only citizens of Clearwater should be on the Clearwater boards. He stated there are a lot of outstanding citizens who are active in the community, though not living here. Consensus was to not change previous Commission direction. k) Removal of art colony signs Commissioner Thomas stated he doesn't view Downtown Clearwater as an art colony. Mayor Garvey stated a letter was received from Brenda Harris Nixon requesting the signs be left in place to support the artists that are still located in the downtown. Commissioner Deegan moved to ask the Downtown Development Board whether or not they want the art colony signs to remain. The motion was duly seconded and carried unanimously. l) Water Treatment - Continued. m) Public Libraries re: # of items checked out - Continued. n) Parking around the Pinellas County Utilities Building Mr. Phil Henderson, Downtown Development Board Chairman, has indicated the situation has changed and to disregard this request. o) Re-landscaping of Welcome Center The Clearwater/Pinellas Suncoast Welcome Center, located at the western end of Courtney Campbell Causeway, is approaching its 6th year anniversary in October. Its location essentially makes it the gateway to Clearwater and is often the first contact our visitors and new residents have with our community. Due to high traffic and related abuse, the area is beginning to look run down. The Chamber of Commerce is requesting the City assist in the re-landscaping of the Welcome Center using its low maintenance xeriscape landscaping. If the City is unable to help in a major way, a donation of trees and other low maintenance plants is requested. Commissioner Thomas expressed concern that the City already supports the Chamber, yet they only promote its members in the Welcome Center. Mayor Garvey stated they could just donate plants. Commissioner Deegan expressed support for supplying trees and plants, citing the need to landscape City property at the gateway to the City. The Parks and Recreation Director stated they have a tree farm and could give some trees and/or get with the Chamber to see what they need. He questioned if staff would also do the planting. Mayor Garvey stated trees and the planting thereof should be provided. In response to a Commissioner Berfield's question whether the City owns the property, Mr. Wilson stated it is DOT property. Commissioner Deegan stated the City should contribute to the appearance of the Welcome Center. He stated the issue of business promotion at the Center should be discussed at the time of lease agreement renewal. Commissioner Fitzgerald agreed the City should help with the landscaping since it is at the gateway. Commissioner Berfield moved that the staff work with the Chamber to come up with a plan for the City's part of the project, to include trees and low maintenance plant material, for Commission approval. The motion was duly seconded and carried unanimously. p) Countryside Day - Spring of 1994 - Second Annual - Continued. q) Fee Agreement with Snell Isle Properties, Inc. - Continued. r) CDBG Funding Levels - Continued. s) Budget Advisory Committee recommendations - Continued. t) Tracking Items - Continued. u) Code Enforcement Certification - Continued. ITEM #29 - Other Commission Action - None. ITEM #30 - Adjournment The meeting adjourned at 6:06 p.m.