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CITY COMMISSION MEETING
CITY OF CLEARWATER
September 4, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Michael J. Roberto
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:01 p.m. at City Hall. Commissioner
Johnson offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Introductions and Awards - None.
ITEM #4 - Presentations
a) Recognize Police Explorers - 1997 Florida State Champions (2nd consecutive year)
ITEM 115 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
August 21, 1997, and the special meetings of June 18, 1997, and August 5. 1997. as
. recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the AQenda
Edwin McNicholas requested changing Crest lake Park hours to between dawn and
dusk. He recommended changing the dividing line between Police sectors from Highland
Avenue to Keene Road. He expressed concern the leash law and Cleveland Street "ria
truck" signs are not obeyed.
PUBLIC HEARINGS
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ITEM #7 - Public Hearina & First Readina Ords. #6172-97 & #6173-97 - Land Use Plan
Amendment to Recreation/Open Space & aS/R & P Zoning for property located at 2950
Drew St., Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07, Z97-08)
The City Manager requested this item be continued,
Commissioner Clark moved to continue Item #7 to October 2. 1997. The motion
was duly seconded and carried unanimously.
ITEM #8 - Public Hearing & First Readina Ords. #6177-97 & #6178-97 - Annexation & IL
Zoning for property located at 2096 Gentry St., NE Y. Pinellas Groves, part of Lots 5 & 12
(Gregory & Peggy Zukowski, A97-09)
The applicants have requested annexation and proposed zoning of Limited Industrial
for 2096 Gentry Street to obtain sewer service. The applicants are involved in cleaning-up
the subject site following a court order. They wish to annex to obtain City assistance with
planned soil and groundwater remediation activities at the subject site, which is used as a
salvage yard. To help the applicants comply with a legal mandate, the Engineering
Department is willing to make an exception to the standard City policy which prohibits any
discharge of pretreated groundwater into the City sanitary sewer. The discharge must
meet the pretreatment Quality imposed by the City. On August 19, 1997, the Planning &
;Zoning Board unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Limited Industrial (lL) for Pinellas Groves NE y., part of Lots 5 and
,2. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6177-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6177-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
ttAyes": Johnson, Clark, Hooper, Seal and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6178-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6178-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
tt Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #9 N (Cont'd from 08/07/97) Public Hearino - Land Use Plan Amendment to Resort
Facilities High & CPO Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub.,
Lots 39-41 (ShuJa, LUP97..06, Z97-06)
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Staff requested this item be continued.
Commissioner Clark moved to continue Item /19. The motion was duly seconded
and carried unanimously.
lTEM #10 - Public Hearing ~ Annexation & 1) CH, 2) RS-4 Zonina for property located at 1}
18350 US19N, Sec. 19-29-16, M&B 44.12 & part of 44.11 & 2) Hampshire Acres. Blk A,
Lots 12 & 13 (Staring, TRE , Rite-On land Trust, Progressive Development Group, Inc..
A97-08) -
The applicant has requested this item be continued.
Commissioner Hooper moved to continue Item #10 to October 2, 1997. The
motion was duly seconded and carried unanimously.
ITEM #11 - Public Hearing & First Reading Ord. #6181~97 - Vacating north 0.5' of the 5'
drainage & utility easement lying along north side of southerly platted lot line of lot 104,
landmark Woods 2nd Addition (Karen Fitzgerald & James Fisher I James L. & Gail D. Gail,
. V97-10HEN)
The applicant is selling the property and is required by the title company to vacate
this portion of the easement. The City has no utilities within the easement to be vacated.
Public utilities and City departments have no objections to this request.
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Commissioner Johnson moved to approve the applicants' request to vacate 0.5 feet
of the 5-foot drainage and utility easement lying along the North side of the southerly
platted lot line of lot 104, landmark Woods 2nd Addition. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6181-97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6181-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #12 - Public Hearing & First ReadinQ Old. #6182-97 - Vacating a portion of 10'
drainage & utility easement lying along East side of Lot 113. DelOra Groves 1st Addition
(Kevin Burke. V97-12)(EN)
The swimming pool, decking, and screen enclosure encroach into the easement.
The City has no utilities within the easement to be vacated. Public utilities and City
departments concerned with easement vacation have no objection to vacating only that
portion of the easement being encroached by the existing pool, deck. and screen
enclosure.
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Commissioner Seel moved to approve the applicant's request to vacate a portion of
the 1 a-foot utility easement lying along the East side of Lot 113, Del Oro Groves 1 I'
Addition. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6182-97 for first reading and read it by
title only. C.ommissioner Johnson moved to pass Ordinance #6182-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #13 - Public Hearing & First Readlna Ord. #6185-97 - declaring millage rate to be
levied for FY beginning 1 % 1/9 7 and ending 09/30/98, for operation purposes including
pensions & debt service, and road maintenance for capital improvement expenditures at
5.1158 mills (eM)
The City Attorney presented Ordinance #6185-97 for first reading and read it in full.
'Commissioner Johnson moved to pass Ordinance #6185-97 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #14 - Public HearinQ & First Reading Ord. #6186-97 - adopting an operating budget
for FY beginning 10/01/97 and ending 09/30/98 (eM)
The City Attorney presented Ordinance #6186-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6186.97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #15 - Public Hearing & First Readina Ord. #6187~97 - adopting the CIP budget for FY
beginning 1 a/a 1/9 7 and cnding 09/30/98 (eM)
The City Attorney presented Ordinance #6187-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6187-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayesll: Johnson, Clark, Hooper, Seel and Garvey.
IINays": None.
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ITEM #16 - Public Hearing - aoorove transfer of $1.000.000 of Penny for P;nellas tax frQm
Landmark Drive extension oroiect to the Memorial Causeway Bridee oroiect (eM)
On March 6, 1997, the City Commission adopted Ordinance #6137-97, which
requires a special public hearing for any funding change in a Penny for Pinellas project
totaling $500,000 or more. The City Manager's recommended 1997/98 Capital
Improvement Budget includes a $1-million transfer of F"enny for Pinellas (infrastructure)
taxes from the Landmark Drive extension project, where the funds are no longer needed,
to the Memorial Causeway Bridge Replacement project for bridge design. The City
Manager reported the Landmark Drive extension project is complete.
Commissioner Johnson moved to approve the transfer of $1-million of Penny for
Pinellas tax from the Landmark Drive extension project to the Memorial Causeway Bridge
project and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
Public Hearina - Second Readine Ordinances
ITEM #17 - Ord. #6176-97 ~ revising Sec. 28.04 and Appendix A, Schedule of Fees, Rates
and Charges, XXVIII, Occupational License Fees, to allow the sale of ice cream from
trucks on residential streets
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The City Attorney presented Ordinance #6176-97 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 1/6176-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-32) - Approved as submitted, less Items #18 and #20.
ILEM #18 - See OBoe 6.
ITEM # 1 9 - Contract for installation of polvethvlene Qas mains & service lines, Heuer Utility
Contractors, Inc., 09/05/97 -09/04/98, estimated $731,150 (GAS)
ITEM #20 ~ See nage 7.
ITEM H21 - Extension. hearth insurance contract, Prudential Health Care System of Tampa
Bay, under fully insured arrangement for period 01/01/98 -12/31/98, estimated
$3,837,401 (HR)
ITEM #22 - Extension. mental health/substance abuse coveraqe contract, Professional
Psychological Services (PPS), 01/01/98 -12/01/98, estimated $ 168,951 (HR)
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ITEM #23 - Promotional License Agreement with Clearwater Mall allowing City to conduct
an EXPO and Parks & Recreation Mall Show in celebration of Florida City Government
Week on 10/25/97 (1M)
ITEM #24 - Renewal lease acreement with Sat. Allen Moore Community Partnershio. Inc.,
Lessee, for 1996 Ford Econoline 15-passenger Club Wagon, for 1 year commencing
09/20/97, renewable for up to additional 3 years, at annual lease payment of $1 for each
period (PO)
ITEM #25 - Interaovernmental Aareement with Pinellas County for transfer of rights-of-
ways of Gulfvlew Blvd. and Coronado Dr. on Clearwater Beach from County to City (EN)
ITEM #26 - Work Order. McKim & Creed, update of Master Plan for Reclaimed Water
System Development, and analysis of potable water system, $126,800 (EN)
ITEM #27 - Aoorove ranking for Alligator Creek Trunk Sewer CleaninQ & Television
'nsoectla., of Kimmins Contracting Corp. (1 I, Infrastructure Rehabilitation Services, Inc.
(2), and Video Industrial Services (3), and award contract to Kimmins for $390,4200, and
additionally approve $39,042 for contingency fee of 10% (EN)
ITEM #28 - Reaoooint Robert Aude & William Ethinqton to the Clearwater Housing
Authority (eLK)
,~:) ITEM #29 - Aoooint Commissioner Johnson to the Long Center Foundation. rnc. Board of
Trustees for the term beginning 09/30/97 (eLK)
ITEM #30 - Drainaae & Utilitv Easement - portion of NW% of Sec. 1-29~15 (Keene,
Inc.)(eA)
ITEM #31 - Authorization to file a oetition for writ of certiorari to aooeal decision in Charles
W. and Brenda N. Walter vs. Olen K. and Pamela A. Marks, Jr., and the City of Clearwater,
DOAH Case No. 997-0035 (CA)
ITEM #32 - Aoorove 8tre'et Closure Reauest - Church of Scientoloav, Friday, 09/12/97,
6:00 p.m. to midnight. one southbound lane of S. Ft. Harrison Avenue, blocked off
between Pierce & Franklin Streets
Commissioner Hooper moved to approve the Consent Agenda as submitted less
Items #18 and #20, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #18 - AODroval of Purchases Der 08/25/97 memorandum:
Extension, USA Waste Services, Inc., disposal of mixed Joads of refuse, yard waste &
construction materials, 09/05/97 -09/20/98, estimated $215,000 (SW)
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Sludge Hauling Services, J&J Baker Enterprises, Inc., 09/05/97 -09/04/02, estimated
$1,159,315 (annual estimate $231,863)(EN)
Extension, Unisys Corp., Unisys A-4 Software Licenses required to operate Unlsys A4
mainframe computer, estimated $35,300, 10/01/97 -09/30/98 (1M)
Extension, Solarex Technologies of Lakeland, Unisys A-4 mainframe maintenance,
estimated $18,742, 10/01/97 -09/30/98 (1M)
Extension, Oracle Corp., software support of 4 Oracle database licenses, estimated
$39,138.41, 10/01/97 -09/30/98 (1M)
25 desktop computers, Dell Computer Corp., $73,005; to be purchased under City's
master lease-purchase agreement (1M)
BCD Computer Distributors, Inc., network equipment ($163,709.93) & software
($28,183.28), total $191,893.21 for Enterprise network Phase II & Fire substation
network projects; equipment will be purchased under City's master lease.purchase
agreement (1M)
Extension, Rotonics Manufacturing, 90 gallon black refuse containers & associated spare
parts, 09/05/97 -01/01/98, estimated $90,000 (SW) .
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Extension, Pennington, Moore, Wilkinson and Dunbar, P.A., legislative consulting services,
10/01/97 -09/30/98, estimated $26,000 plus reasonable out of pocket expenses (eLKI
Cellular Telephone Services, AT&T Wireless Services, 09/15/97 -09/30/98, estimated
$71,850 (1M)
In response to a question regarding cellular telephone services, the City Manager
said the additional cellular telephones will be used by department heads and code
enforcement officers who need to communicate with their offices. Lt. Jeff Kronschnabl
and Budget Director Tina Wilson will monitor usage. Future contemplated uses include
communication via modem to streamline field code enforcement efforts. The information
management plan and future coordination of technology are being reviewed. In response
to a Question, the City Manager reported staff reimburses the City for all personal cellular
telephone calls. The proposed service provides free cellular telephone calls during nights
and weekends.
Commissioner Clark moved to approve the purchases as listed above and that the
appropriate officials be authorized to execute same. The motion was dulV seconded and
carried unanimously.
ITEM #20 - Aoorove continued use of Premium Stabilization Fund to offset Y, of biweekly
premium for employees with 2 of more dependents for period 01/01/98 -12/31/98
($141,888) and to offset the 1.5% ($32,064) biweekly premium increase for calendar
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year 1998, at estimated total $173,952 resulting in -0- increase in employee health
insurance deductions for calendar year 1998 (HR)
Effective January 1, 1997, the City's health insurance option changed from 2-tiered
(employee and employee plus family) to 3-tiered (employee; employee plus 1 dependent;
and employee plus 2 or more dependents). While the change to a 3-tier option reduced the
cost for employees with 1 dependent, the 1997 biweekly rates for employees with 2 or
more dependents increased 35% for HMO (Health Maintenance Organization) participants
and 31 % for those in the pas (Point of Service) Plan.
In 1989, the City established a Premium Stabilization Fund which has grown to
$4,076,031, as of July 31,1997. The Fund was established to guard against future
health care costs. On August 22, 1996, the Insurance Committee, representing the City's
four employee unions and SAMP (Supervisory, Administrative, Managerial, and
Professional) personnel, recommended the City use part of the Fund to offset % the
increased cost of health insurance coverage for employees with 2 or more dependents
during calendar year 1997. The City Commission approved that recommendation for
1997.
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On May 30, 1997, the Insurance Committee recommended continuing the health
insurance premium subsidy from the Premium Stabilization Fund for employees with 2 or
more dependents plus any increase to the subsidy up to 2.6% for calendar year 1998.
The City's insurance consultant, Wittner & Company, negotiated a 1.5% rate increase for
1998.
Concern was expressed the balance of the Premium Stabilization Fund has varied
dramatically in the past. It was noted health insurance companies refund premiums, which
are deposited into the Fund, only after the City cancels a policy. Finance Director Margie
Simmons said insurance premiums are budgeted before the rates are negotiated and firm.
The large 1995, fund increase resulted from an annual premium increase that was lower
than budgeted. Deputy City Manager Kathy Rice said use of the Premium Stabilization
Fund has been limited to this purpose. .
Commissioner Clark moved to approve the continued use of the Premium
Stabilization Fund to offset %- of the biweekly premium for employees with 2 or more
dependents for the 1-year period, January 1, 1998, through December 31, 1998,
($141,888) and to offset the 1.5% ($32,064) biweekly premium increase for calendar
year 1998 at an estimated total cost of $173,952, resulting in a ~o- increase in employee
health insurance deductions for calendar year 1998 and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #33 ~ Consider Res. #97-51 - which would officially change the name of that portion
of Bayv;ew Avenue, lying South of Gulf to Bay Blvd. & within City limits to "South
Bayview Avenue" (EN)
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Commissioner Seel moved to officially change the name of the portion of Bayview
Avenue lying South of Gulf-to-Bay Boulevard and within the City limits of Clearwater to
"'South Bayview Avenue." and that the appropriate officials be authorized to execute
same. The motion was duly seconded.
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On June 19,1997, the Commission denied a request to change Bayview Avenue,
South of'Gulf-to-Bay Boulevard, to "Old Bayview Avenue.1/ Residents have requested this
item be reconsidered. Jack Alvord. President of the Historic Bayview Association.
submitted a petition signed by 20 residents requesting a street name change to "Old
Bayview Avenue"; 11 signatories are City residents and 9 live in the County. The
association feels the street name change will improve response times for emergency
vehicles. Staff has surveyed emergency agencies regarding whether the proposed name
change will improve response times and if the current street name impedes response.
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Residents also expressed concern regarding children crossing Gulf-to-Bay Boulevard
to the school bus stop. Residents want a school bus stop added to the North side of the
road and suggested changing the street name will alert Pinellas County School
transportation officials to this danger.
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Brian Mullins supported the proposed change. Chuck Ayres recommended changing
the street name to "Old Bayview Avenue." He and Jacqueline Logman said the street
name. "'South Bayview Avenue," would be confusing as nearby addresses North of Gulf-to-
Bay Boulevard have "South" designations. They noted emergency response concerns.
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It was stated addresses on Clearwater's North-South streets reflect a relationship
to Cleveland Street. It was felt making an exception to this standard will be confusing and
should not be done. It was noted Cleveland Street does not extend this far East. It was
pointed out only one block of Bayview Avenue extends North of Cleveland Street.
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Upon the vote being taken, Commissioners Johnson and Seel and Mayor Garvey
voted MAya"; Commissioners Clark and Hooper voted"Nay." Motion carried.
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The City Attorney presented Resolution 1197-51 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1197-51 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
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tJAyesil: Johnson, Seel and Garvey.
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"Nays"; Clark and Hooper.
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Motion carried.
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ITEM #34 - Res. #97-49 - increasing Commercial Vessel Slip Rent by 5%. except for
Special Purpose (ParasaiJ) vessel slip rent, which will be increased by 50% and increase
daily Transient Vessel Slip Rent from $0.90 to $1. per foot, per day and monthly Transient
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The proposed resolution will increase slip rents on October 1, 1997: 1) Regular
Commercial Vessels - 5%; 2) Special Purpose Commercial Vessels (Parasail) - 50%; 3)
Daily Transient Vessels. $1-foot per day; and 4) Monthly Transient Vessels - $1 3-foot per
month. Slip rents for Permanent Private Vessels and weekly Transient Vessels will not be
increased. The proposed increase in Commercial Vessel slip rents is reflected in the
Marina Business Plan. The proposed increases are posted at the Marina and were listed in
the July 1997, issue of the newsletter; Scuttlebutt. On August 13, 1997, the MAB
(Marina Advisory Board) recommended approval of these increases.
Kiven Hopper questioned why the rent on Marina parasail slips will increase by
50%. Harbormaster Bill Held said last year's survey indicated the Marina's parasail slip
rates were much lower than standard area rates. Mr. Hopper said rates are lower at the.
Quality Inn and St. Petersburg Pier. In response to a question, Mr. Held said passenger
levels for Marina tenants are frozen at current levels due to insufficient parking. In
response to a question; he said 6 parasail operations have been approved for beach
locations. The consultant was able to obtain rental rate information from only one of these
locations. He estimated parasail operations average 6 trips a day during the week and
twice that on weekends. He said other commercial vessels make fewer trips. In response
to a question, he said the proposed increases were included in the Marina Business Plan
approved by the City Commission last year.
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Commissioner Clark reported he has a family member employed by a Marina
business.
Mr. Held said the Marina Business Plan also includ6s an across the board 5%
increase for FY (fiscal year) 1998/99. The Marina has received requests for additional
parasail slips.
Sheila Cole opposed the increase as she believes it will hurt businesses operating
out of the Marina.
Commissioner Johnson moved to increase the Commercial Vessel Slip Rent by 5 %,
except for Special Purpose (ParasaiJ) vessel slip rent, which will be increased by 50%, and
to increase daily Transient Vessel Slip Rent from $0.90 to $1-foot, per day, and monthly
Transient Vessel Slip Rent from $11 to $ 13-foot, per month, at Clearwater Municipal
Marina. The motion was duly seconded.
In response to a question, Mr. Held said operators can enter agreements with
owners of waterfront, commercially zoned property and request a Conditional Use from the
Planning & Zoning Board for a parasail operation on private property. He did not know if
the Planning & Zoning Board had denied any similar requests. There is no current limit to
the number of parasai! operations allowed. All boats are required to have licensed
captains. Concern was expressed Marina slips should not be auctioned off to the highest
bidder. Commission direction to charge the market rate was noted. It was stated some
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,J of increasing slip rates at varying levels was questioned. It was suggested the parasail
issue be addressed separately. It was recommended the Commission trust Mr. Held's
professional judgment regarding this issue.
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In response to a question, Mr. Held said parasail vessels operate in Clearwater
Harbor and the Gulf of Mexico. Concern was expressed the number of parasail operations
on the beach would increase if Marina parasail slip rates are raised. Mr. Held indicated
beach parasail operations require extensive liability insurance coverage. It was felt the
market will adequately limit the number of local parasail operations.
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Upon the vote being taken, Commissioners Johnson, Hooper, and Seel and Mayor
Garvey voted MAye"; Commissioner Clark voted UNay." Motion carried.
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The City Attorney presented Resolution #97-49 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-49 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Hooper, Seel and Garvey.
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Motion carried.
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ITEM #35 - First Reading Ord. # 6171 ~97 - Relating to Ch. 33, deleting Secs 33.091 (1) &
(2) Shark Fishing, and adding Sec. 33.091 Fishing. to prohibit fishing from Clearwater Pass
Bridge, Island Estates Bridges, and any other City property where posted (MR)
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Fishing from Clearwater Pass Bridge causes safety concerns for boaters under the
bridge and for pedestrians sharing the bridge's sidewalks. The same concerns relate to
fi~hing from the Island Estates bridges where some bridges lack sidewalks. "No fishing"
signs prohibit fishing from City public beaches, Marina boat slip docks. the Sailing Center
boat dock, and from Pier 60. East of the bait house. The MAB concurred with the
changes.
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To replace the loss of fishing from Clearwater Pass Bridge, the City has fenced and
opened to fishing the seawall area on Sand Key, South and West of the bridge. The City is
developing plans to install 3 nearby wooden fishing piers which will be free and open to
the public 24 hours a day.
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Concern was expressed many areas of the City have similar problems related to
fishing from bridges. The City Manager said staff has received complaints related to these
specific bridges. Other locations wi11 be identified for posting. In response to a question.
Mr. Held said staff recommends deleting the: prohibition against shark fishing as that
practice has not caused any problems. The prohibition can be reinstated if shark fishing
becomes a safety concern.
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Commissioner Hooper moved to approve the deletion of Section 33.091 Shark
Fishing (1) and (2) and addition of Section 33.091 Fishing, to prohibit fishing from
Clearwater Pass Bridge, the Island Estates Bridges, and any other City property where
posted. The motion was duly seconded. Commissioners Johnson, Clark and Hooper and
Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay. II Motion carried.
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The City Attorney presented Ordinance 116171-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance 116171-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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ITEM #36 - Res. #97-52 - establishing intent to reimburse certain project costs incurred
with proceeds of future tax-exempt financing h 997 Gas System Revenue Bonds)(FN)
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In 1994, Ordinance 115665-94 authorized the sale of $26.75-million in Gas System
Revenue Bonds. To date, one series of these bonds, 1996A, was issued for $8.815-
million, leaving a balance of $17.935-million authorized, but unissued bonds. It is
expected all 1996A Bond proceeds will have been spent on expansion expenses by
November 1997, requiring the issuance of additional bonds to continue system expansion
in accordance with the CGS (Clearwater Gas System) Strategic Plan.
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The 1997 new money issue is expected to generate $7. 71-million in construction
proceeds. Staff anticipates issuing the 1997 bonds this Fall, and possibly refunding the
1991 and 199.4A Gas System Revenue Bonds. Market conditions will determine the date
of issuance. If 1996A Bond proceeds are fully expended and funds are needed for further
expansion prior to issuing the 1997 bonds, this reimbursement resolution will allow the
City to be reimbursed from Bond proceeds.
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Commissioner Clark moved to establish the intent to reimburse certain project costs
incurred with proceeds of future tax-exempt financing, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution 1197-52 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution 1197-52 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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t'Nays": None.
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ITEM #37 w First RAading Ord. #6188-97 - providing for advance refunding of the
outstanding Gas System Revenue Bonds, Series 1994A (FN)
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In recent weeks. market conditions have been favorable; municipal bond rates are
declining. Outstanding Gas System Revenue Bonds, Series 1994A, carry interest rates
from 6% to 6.1 %. Issuing bonds at a lower rate to pay-off bonds yielding higher rates will
result in a cost savings. The proposed ordinance allows issuing bonds necessary to refund
.outstanding Gas System Revenue Bonds, Series 1994A.
Ordinance #6030-96, permitted the issuance of bonds necessary to refund the
outstanding Gas System Revenue Bonds, Series 1991. The City also will issue Gas bonds
as authorized by Ordinance #5665-94, to continue CGS expansion. The cost of issuance
will be reduced by issuing these bonds simultaneously with the 1991 and 1994A Series
refunding bonds.
The Finance Director and City's Financial Advisor will determine if market conditions
are sufficient for the City to receive an acceptable level of net present value savings. The
level of savings. expressed as a percentage of the refunded bonds, will be set by
subsequent resolution. The refunded bonds only will be issued if market conditions can
produce that savings.
Commissioner Johnson moved to provide for the advance refunding of the
outstanding Gas System, Series 1994A. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6188-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6188-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
IINays": None.
ITEM #38 - Airoort Authoritv - 1 aooointment (CLK)
AND
ITEM #39 - Environmental Advisorv Board - 2 aooointments {CLK)
The City Manager requested continuing Items 1/38 and 1139.
Commissioner Hooper moved to continue Items #38 and 1/39 to September 18,
1997. The motion was duly seconded and carried unanimously.
ITEM #40 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM #41 - Resoluti911!i
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a) Res. #97-53 - Assessing property owners the costs of having mowed or cleared owners'
lots
The City Attorney presented Resolution #97-53 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #97-53 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
nAyes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #42 - Other City Attornev Items
Attorney/Client Session
The City Attorney requested an attorney/client session regarding Patrick Media
Group versus the City be scheduled for September 29, 1997, at 9:00 a.m. Consensus was
to so schedule.
ITEM #43 - City Manaaer Verbal Reports - None.
ITEM #44 - Other Commission Action
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Commissioner Clark questioned if the design of the Nagano Hospitality Center at the
1 998 Winter Olympics would be similar to the original proposal. It was reported the new
firm, Piper P,'oductions, will maintain the concept which was detailed in the Clearwater/
Nagano Hospitality Center, Inc., committee's original RFP (Request for Proposal).
Commissioner Johnson questioned if the Nagano Hospitality Center expenses are
covered. The City Manager said the City is monitoring all project-related expenses which
are fully funded by almost $1-million in grants.
Commissioner Seel announced II Jazz it up in Downtown Clearwater" is scheduled
for October 4, 1997. She encouraged community participation in preparing downtown for
the opening of the Pinellas Trail. '
Commissioner Hooper reported funding is in place for the 1 st two murals to be
painted on buildings along the Pine lias Trail. It is hoped a third mural will be completed
before the Trail's opening. Eight murals are planned. Each mural will cost between $3,500
and $4,000. Recognition of mural sponsors is permitted as long as the sign ordinance is
observed. The Trail's Grand Opening through downtown is scheduled for December 6.
1997.
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ATTEST:~~~L, Z:.~n.
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Mavor Garvey requested the Commission consider purchasing new chairs for the
dais. The City Manager reported this issue will be addressed in conjunction with other
renovations planned for the Chambers.
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Mayor Garvev requested residents report malfunctioning street lights.
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'Mavor Garvey reported the designated "no alcohol" area was clearly marked at
Bomber stadium during the current softball tournament. She announced the final game will
take place tomorrow night.
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Mayor Garvev noted the Ptnellas Planning Council enclave report indicates the
amount of property recommended for annexation into cities is negligible. She expressed
concern the County Commission opposes this proposal, noting the City, already provides
many services to enclave residents. The legislative'delegation has been forwarded a copy
of the report. ' '
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ITEM #45 - Adiournment
The meeting adjourned at 7:26 p.m.
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