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11/21/1996 CITY COMMISSION MEETING CITY OF CLEARWATER November 21, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Tom Miller Assistant Director Engineering/Environmental Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter Absent: Karen Seel Commissioner The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Fiscal Review Committee - Annual Report Carol Warren, FRC (Fiscal Review Committee) Co-Chair, said in April 1996, the City Commission established the FRC, a citizen committee representing a range of backgrounds and areas of expertise. The FRC has made recommendations to the Clearwater Gas System regarding possible improvements and will review their audit in December. The FRC also reviewed the City Marina's business plan, recommending Commission support and annual rate increases tied to the CPI, with a 3% minimum and 6% maximum. The FRC also recommended approval of the Solid Waste roll-off plan. Ms. Warren presented the committee's Mission Statement: "As directed by the City Commission, the Fiscal Review Committee will review operations of City departments, providing assistance and recommendations to define and achieve measurable goals of performance." The Mayor thanked the FRC for their input. b) Sand Key Sign Request Nicholas Fritsch, an officer of the Sand Key Civic Association, requested the Commission reconsider their decision that the proposed Sand Key sign cannot state "Welcome to." It was stated visitors would assume they are entering a different city if they pass a "Welcome to" sign. Mr. Fritsch questioned if adding "of Clearwater" or "in Clearwater" would be acceptable. It was noted many City neighborhoods are identified by signs, but none states "Welcome to." Central Permitting Director Scott Shuford said Parks & Recreation Director Ream Wilson has been working with the association regarding the sign. Because of its proposed location in the City's right-of-way, the City Attorney said the City can regulate the wording. Consensus was to permit a sign reading "Sand Key of Clearwater'' or "Sand Key in Clearwater." Clearwater Hospitality Center at 1998 Olympics in Nagano, Japan The Mayor said in October 1996, she presented to Clearwater's Sister City, Nagano, the planned hospitality center concept of a beach day in Clearwater to contrast with the cold of the Nagano Winter Olympics, scheduled February 7 - 22, 1998. The City is working with Wizards, Inc. to develop the project. The entryway through a salt water aquarium will open on a tropical scene of a sunset, palm trees, sand, water, 3-dimensional manatees, beach umbrellas, chairs, sea shells, and featuring beach-front homes, a mural of the Gulf of Mexico, golf courses, and animated birds. The center also will feature citrus groves in conjunction with the Florida Citrus Committee which will act as a sponsor and serve free grapefruit juice from a "tree" tap near the Center's exit. Features of the planned hands-on-videos have not been determined. The hospitality center's logo, which was approved by the Nagano Olympic committee, will decorate a ball featured with a 3-dimensional dancing dolphin. The Mayor said during their meeting this week, Governor Chiles expressed interest in adding Florida's name to the promotion and logo. Tourism Director Jean Sherry said the City will be able to market merchandise at the Center. Being considered are a small stuffed manatee with a commemorative logo and symbol, pins, posters, and Lucite plaques. Plaques could be presented to major donors as gifts. The Mayor said Nagano now has offered Clearwater 3,000 square feet of space next to the major Olympic merchandising center on the fifth floor of a major department store, 1½ blocks from the main train station. The Mayor requested help and support, noting the need for volunteers. The City has been offered home stays to avoid hotel expenses. Other countries are trying to purchase similar space which Clearwater is getting for free. She complimented Ms. Sherry's hard work. The Center will provide the City with global exposure. ITEM #6 - Approval of Minutes In reference to Item #55 on page 23, by the request of Commissioner Seel, the minutes are to read as follows: "Commissioner Johnson moved to appoint Frank Huffman. The motion was duly seconded. Commissioner Seel suggested consideration of Mr. Albritton as he is a general contractor and has lived in the City 40 years. It was noted Mr. Huffman has lived in the City 17 years. Commissioner Johnson confirmed his motion. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried." In reference to page 12, paragraph 3, sentence one, the correct spelling is "Nancy Aft." Commissioner Johnson moved to approve the minutes of the regular meeting of November 7, 1996, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Howard Groth reported HUD had presented the CHA (Clearwater Housing Authority) with a Sustained Performance Award for being one of the country's best housing authorities. Lillian Ferencz, Vice-President of the Harvard Arms Homeowners Association, requested Commission assistance in restoring her neighborhood's right to enjoy their property. Traffic and pollution have increased significantly since McMullen-Booth Road was widened and the Bayside Bridge constructed. Residents have difficulty ingressing and egressing the neighborhood. She requested the Commission assist in finding a remedy, suggesting construction of a sound barrier, activation of the Ruth Eckerd Hall signal light, strict enforcement of the McMullen-Booth Road speed limit, and prohibiting trucks between 6:00 p.m. and 6:00 a.m. She questioned the MPO's (Metropolitan Planning Organization) right to control the road. PUBLIC HEARINGS ITEM #8 - Public Hearing - Res. #96-71 - authorizing placement of liens on properties for unpaid utility bills (FN) The City Clerk stated the Jaycees were deleted from the list as they had paid their utility bill today. Commissioner Clark moved to authorize the placement of liens on properties for unpaid utility bills and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-71 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-71 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #9 - Declare surplus to City needs a parcel lying in the NW¼ of Sec. 7-29-16, being a portion of The Long Center lease premises, 1501 N. Belcher Rd., and approve grant of nonexclusive drainage easement to the Salvation Army, a Georgia Corporation, being joined in the easement grant by The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., and The Pinellas Community Center, Inc., d/b/a The Long Center (EN) The Salvation Army ("grantee"), located on property adjoining the northerly boundary of the Long Center, has submitted a preliminary site plan to construct a 3,120 square-foot classroom addition. Approval requires construction of additional storm water retention capacity. The Long Center operates under terms of a land lease from the City that runs through April 19, 2006. Lease provisions provide for extension of the lease term to not later than April 19, 2086, if approved by the electorate. The existing Salvation Army retention pond abuts a small area of the Long Center property North of Alligator Creek, which naturally separates the two properties. The small, unimproved "peninsula" is proposed for the 11,744.9 square-foot easement grant that would provide additional retention requirements for the Salvation Army project. Significant covenants of the easement grant include: 1) all drainage improvements to easement premises shall be made and maintained at Grantee expense in compliance with City and SWFWMD (Southwest Florida Water Management District) permit requirements; 2) the City as Grantor reserves all excess treatment storage volume and attenuation credit banking; 3) Long Center and Center Foundation, Inc., its operational entity, will join the City in this easement grant; 4) grantee covenants to hold harmless and indemnify granting parties from all claims and liability associated with drainage improvements to be constructed, as well as their future operation, maintenance, repair, and replacement; and 5) City reserves right, at its sole discretion, to terminate easement, whereupon Grantee shall restore easement premises to condition as of date of grant. Commissioner Johnson moved to declare as surplus to City needs a parcel lying in the Northwest 1/4 of Section 7, township 29 South, Range 16 East, being a portion of the Long Center lease premises, 1501 N. Belcher Road, and approve thereon the grant of a nonexclusive drainage easement, as more particularly described in the easement document, to the Salvation Army, a Georgia corporation, 1625 N. Belcher Road, Clearwater, Florida, being joined in the easement grant by the Center Foundation, Inc., FKA Clearwater Youth Recreation Center, Inc., and the Pinellas Community Center, Inc., DBA the Long Center and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ords. #6103-96 & #6104-96 - Annexation & RS-8 Zoning for property located at 3081 Cleveland St., Sec. 16-29-16 M&B 22.32 & 22.37 (City, A96-27)\ The City has requested annexation and proposed zoning of Single-Family Residential "Eight" for 3081 Cleveland Street to utilize these vacant properties for a detention pond project along Cleveland Street. On November 5, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for M&B 22/32 & 22/37 in Section 16-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6103-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6103-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. The City Attorney presented Ordinance #6104-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6104-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #11 - (Cont'd from 11/07/96) Public Hearing & First Reading Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) Staff has received a reuse request for the Moose Lodge property on McMullen-Booth Road. The property is in the County and approved as a special exception, fraternal organization. The property's owner is interested in pursuing annexation with a change of use. Under scenic/noncommercial corridor requirements of the PPC Rules, only residential uses (up to 7.5 units per acre) and public/semi-public (P/SP) type uses can be approved along this corridor. Potential uses for this property are limited. Staff feels while funeral homes are a commercial use of property, they serve an important function by providing an orderly disposal of human remains and are not dissimilar from hospitals or cemetery uses which are allowed in P/SP districts. Staff recommends this use be a conditional use so site impacts can be controlled, especially near residential development. Upon approval, staff will forward the proposed ordinance to the PPC (Pinellas Planning Council) Executive Director for comments prior to any public hearings. On October 19, 1996, the Planning & Zoning Board unanimously recommended approval. Commissioner Hooper moved to approve Land Development code amendment to allow funeral homes in Public/Semi-Public zoning districts. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6092-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6092-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6093-96 - LDCA to establish additional supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) The City Attorney presented Ordinance #6093-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6093-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #13 - Ord. #6100-96 - LDCA to allow outdoor cafes in P/SP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) The City Attorney presented Ordinance #6100-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6100-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #14 - Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise CSW's (Clearwater Solid Waste) commercial revenues have decreased in each of the last 5 years. The reduction resulted from recycling and the expansion of private hauling companies into leasing and servicing compactors and open top roll-off containers to citizens and City businesses. A recent analysis indicates an annual decrease of $466,389 is attributable directly to private roll-off operations. CSW feels customers are charged higher fees than necessary for these services. CSW requests approval to enter the roll-off business in Clearwater and unincorporated Pinellas County and compete with private hauling companies which lease and service compactors and haul and service open-top containers. Through competition, CSW can recover a share of lost revenues and provide roll-off services at lower prices. The overall benefit will provide citizens and Clearwater businesses an additional choice for quality roll-off service while providing revenues for the overall support of CSW. CSW pro formas indicate by competing with private companies, CSW can provide service at lower rates than are charged currently by private companies while earning $253,170 more than 5 years of private company surcharges. This revenue can be applied to the total Solid Waste program to maintain steady rates. The concept and 5-year pro forma were presented to the FRC (Fiscal Review Committee) and a select committee from the Chamber of Commerce. Both committees unanimously supported this CSW competition. Al Lopez, of Waste Management, read a letter from his company's legal department into the record. He charged the City will not be providing roll-off services on a "level playing field" if competitors must continue paying the City's 15% surcharge. He recommended eliminating the surcharge to make competition fair. Mr. Lopez expressed concern the Solid Waste Department will regulate its competitors as the department approves roll-off service applications. He requested delaying the decision until all Commissioners are present. Jack Greensfelder also recommended delaying second reading. He refuted the allegation that private companies overcharge customers. He said the rates proposed by the Solid Waste Department are higher than competitive rates. Bill Humphries, of Kimmins Recycling, said the City's competitive position is unfair and the Solid Waste Department's plan to offer roll-off services would create a conflict of interest. He recommended opening all City solid waste services to competition. He, too, recommended delaying tonight's decision until Commissioner Seel returns. John Rich, FRC Chair, said when he first heard the City proposed to offer roll-off services, he opposed it. After the FRC meeting where the Solid Waste Department's responsibilities as stated in the City's code of ordinances were reviewed, he changed his mind and now supports the proposal. He said the Solid Waste Department has administration in place to oversee the added services and Clearwater' the citizens of Clearwater will be the true winners if this plan is approved. The City Manager reported Solid Waste Director Bob Brumback and Solid Waste Superintendent James Maglio were not present due to family emergencies. Michael Engleman expressed concern the City is blocking competition by getting involved in a private enterprise. He wanted his utility bill to go down. He questioned the program's benefit to Clearwater citizens. The City Attorney did not think the plan would create any conflict of interest for the City. She said the Waste Management letter arrived today and she had not addressed it. The City Manager said the City's costs assume the City collects the 15% surcharge. Commissioner Clark moved to continue Item #14 until December 5, 1996. The motion was duly seconded and carried unanimously. ITEM #15 - Ord. #6107-96 - Proposed change to previously approved DRI to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DRI, and 2) reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, LTD) The City Attorney presented Ordinance #6107-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6107-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #16 - Ord. #6108-96 - Granting to Time Warner Entertainment - Advance/Newhouse Partnership the permission to occupy municipal streets and rights-of-way in the City as a means of providing cable television services; prescribing terms and conditions accompanying the Grant of Franchise; and prescribing penalties for violation of its provisions; providing for severability of provisions The City Attorney presented Ordinance #6108-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6108-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-27) - Approved as submitted less #25. ITEM #17 - Purchase of diesel fuel from BP Oil Company, Atlanta, GA, for the period 12/16/96 -12/15/97, at an estimated $423,000 (GS) ITEM #18 - Purchase of unleaded gasoline from Louis Dreyfus Energy Corp., Atlanta, GA, for the period 12/16/96 -12/15/97, at an estimated $100,000 (GS) ITEM #19 - Purchase of fuel from Voyager Fleet Systems, Inc., Houston, TX, for the period 12/01/96 -11/30/97, with 1 year option to renew, at an estimated annual $500,000 (GS) ITEM #20 - Contract renewal with Stringer Tire Company, Inc., Tampa, FL, for tire service, repair & replacement, for the period 01/01/97 -12/31/97, at an estimated not to exceed $250,000 (GS) ITEM #21 - Contract for replacement of air conditioning equipment at City Hall to Superior Mechanical Systems, Inc., Clearwater, FL, for $204,900 (GS) ITEM #22 - Agreement with Clearwater Housing Authority to provide police services and a computer learning lab with part-time tutor to Homer Villas, for 24 months, in exchange for $186,237 in federal grant funding and an additional $20,000 provided by CHA; approve related City expenditures of $44,957 (PD) ITEM #23 - Contract for construction of new Sand Key Park to T.A. Cummings Construction, Tarpon Springs, FL, for $198,198 (PR) ITEM #24 - Approve preparation of engineering plans to remove Clearwater Beach Elevated Water Storage Tank from Mandalay Park (EN) ITEM #25 - See below. ITEM #26 - Award of Harborview Center electronic marquee to A.D. Systems, Ft. Myers, FL, for $55,000 (CM) ITEM #27 - Appoint Mary Myhill to Clearwater Housing Authority (CLK) Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #25 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #25 - Contract to resurface Pier 60 parking lot to Golden Triangle Asphalt Paving Company, for an amount not to exceed $35,000 (EN) The City Manager reported Item #25 had been pulled from the agenda. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Approve hiring High-Point Rendel to act as Owner’s Representative in concluding construction of the Municipal Services Building & Police Headquarters Building projects, at a cost not to exceed $60,000; and to act as Owner’s Representative for Parking Garage project, at a cost not to exceed $40,000; for total expenditure not to exceed $100,000 Staff interviewed three firms which Pinellas County staff had short-listed during their efforts to hire an owner's representative for a major County project and another firm that had forwarded a resume on their own volition. The purpose of the interviews was to select a firm to represent the owner for final punch-list and close-out activities: 1) review contract document and develop final (certificate of occupancy) punch-list for Police Headquarters Building; 2) audit Municipal Services Building and Police Headquarters Building contracts and modification work, and investigate potential secondary costs; 3) assist staff in project close-out phase by inspecting transmittals, training, warranty information, and as-built drawings; and 4) assist staff in compiling documentation in a format that could be used in post-project proceedings. Regarding the parking garage, in addition to items listed above, the firm would assist in the schedule review and budget integrity. For these services, High-Point Rendel would expect to spend an average of 12 hours per week for the project's duration. Allan Watson, General Manager for High-Point Rendel of Florida, said his firm specializes in helping owners resolve problem projects and closing them out. Andrew Civitello, Jr., Senior Construction Consultant from High-Point Rendel's Clearwater office, said his company's approach to the Municipal Services Complex will establish project priorities, approach, and organization, and monitor close-out activities. High-Point Rendel simultaneously will review the project's history and identify all costs. Before the parking garage project begins, High-Point Rendel will establish a routine protocol for all team members, enact a system of accountability, schedule regular performance ratings, etc. and provide regular reporting to the City. Concern was expressed regarding the proposed charge of $60,000 to close out the Municipal Services Complex, which is 98% complete and only $40,000 to oversee the entire Parking Garage project. Mr. Civitello said the proposed charge for the Municipal Services Complex is based on company experience. High-Point Rendel will need to review the Municipal Services Complex project from its inception, provide on-site investigations to identify what was not accomplished, and provide the City with guidance regarding appropriate actions it may need to take. He reviewed the anticipated scope of Owner Representative services for punch-list and close-out activities for the Municipal Services Building and Police Headquarters: 1) review contract documents and develop a punch-list; 2) audit the project contract and modification work, determine secondary costs, and assign responsibility for cost overruns; and 3) coordinate preparation and delivery of all final close out documentation, and arrange all owner orientation, training, and other final services. It was stated this project has taken a heavy toll on the City and the Commission has required and requested a great deal of staff. It was noted the rate is less than 0.5% of the project's cost. It is hoped High-Point Rendel can identify some recover items to off set the cost. Concern was expressed that High-Point Rendel may find it difficult to obtain hard figures from Rowe Architects. Mr. Civitello said High-Point Rendel will proceed backwards in their review and should be able to identify all figures without input from Rowe Architects. The cost for the Parking Garage is lower because High-Point Rendel will be involved at the outset to oversee proper documentation and accountability. He said the Municipal Services complex will require a "forensic" analysis of an extremely complex project which was handled in an unusual way. High-Point Rendel will reconstruct the project's chain of events to determine what costs should be, how the project stands, and provide this information in a report to the City. Commissioner Clark said he had contacted architectural firms, accounting firms, etc., which provide similar services and was advised the proposed cost is high. The City Manager said staff had considered hiring consultants from different disciplines but concluded no staff member has the expertise to coordinate the resulting data. She felt the City would be better served by a multi-disciplined firm, noting the City must be certain the value engineering employed in the project meets certain standards. The City Manager reviewed the interview and qualification process used. She said based on qualifications, management determined High-Point Rendel will serve the City best. In response to a question, Mr. Civitello said the cost is based on High-Point Rendel's expertise as this is the kind of assignment they routinely handle. High-Point Rendel based the rate on input from those who will be doing the work. The company is often brought into projects at late stages and is familiar with categories that often are difficult to resolve. High-Point Rendel will provide regular reports identifying where the project is and how much has been spent. Commissioner Hooper moved to approve the hiring of High-Point Rendel to act as Owner's Representative in concluding the construction of the Municipal Services Building and Police Headquarters Building projects at a cost not to exceed $60,000; and to act as the Owner's Representative for the Parking Garage project at a cost not to exceed $40,000; for a total expenditure not to exceed $100,000; and that the appropriate officials be authorized to execute same. The motion was duly seconded. In response to a question, the City Attorney said this firm was not considered for the review of the Harborview Center as that project requires a more limited scope of services. Commissioner Johnson noted Commissioner Seel's concern regarding this issue and suggested continuing the item. The City Manager said time is of the essence and a review needs to start. Commissioners Johnson and Clark expressed concerns regarding the proposed cost. The Mayor noted the longer the Commission delays a decision, the less advantage the City has. Commissioner Johnson questioned High-Point Rendel's success rate. Mr. Civitello said his company often identifies areas where clients have overpaid. Commissioner Clark questioned if leverage would be lost if the Commission delays this decision for two weeks. The City Attorney said the projects continue to move forward and the sooner an Owner's Representative is hired the better. She said documents and processes related to this project are unique and did not follow standard procedures. She suggested those who stated the rate is too high, may have been unaware of the project's complexity. Staff thinks they need assistance in sorting out the process that includes more than 200 change directives. She said a delay may impede the City's ability to bring the project to conclusion. Bob Bickerstaffe opposed continuing the item. He said it is important for an outside party to review the project. Upon the vote being taken, the motion carried unanimously. ITEM #29 - Approve transfer of $100,000 from General Fund to Municipal Services Complex project (94602) for funding of other non-construction expenditures; approve transfer of $100,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for payment of principal & interest on the bonds, previously budgeted to be funded from General Fund revenues In February 1995, the Improvement Revenue bonds, Series 1995, were issued for $10,720,000, the expected cost of the Police portion of the Municipal Services Complex, less costs of issuance. From the issuance date until September 30, 1996, unspent bond proceeds earned $607,054.74 in interest and were deposited in the Bond Construction Fund. By law, interest earnings on bond proceeds must be used for construction costs on the Police portion of the complex or to pay principal and/or interest on the bonds. As non-construction expenditures relate to the project as a whole, only a portion of these costs can be funded by interest earnings on the bonds. Transferring $100,000 of interest earnings to the Debt Service Fund to pay interest and principal on the bonds will allow a $100,000 reduction in transfers of General Fund money to the Debt Service Fund. A first quarter budget amendment will reduce General Fund debt service transfers by $100,000 and increase transfers to the Capital Improvement Program by $100,000. Commissioner Clark moved to approve the transfer of $100,000 from the General Fund to the Municipal Services Complex project (Project 94602) for funding of other non-construction expenditures; approve the transfer of $100,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues. The motion was duly seconded and carried unanimously. ITEM #30 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #31 - First Reading Ordinances a) Ord. #6111-96 - Amending Lobbyist Ordinance The City Attorney presented Ordinance #6111-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6111-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. ITEM #32 - Resolutions a) Res. #96-72 - Demolition Lien - 507 Cedar St., Ira E. Nicholson’s Addition to Clearwater, Blk 3, part of Lot 10 (Gross) The City Attorney presented Resolution #96-72 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-72 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. b) Res. #96-73 - Demolition Lien - 1325 Tioga Ave., Lakeview Heights, Blk B, Lot 9 (Bussy) The City Attorney presented Resolution #96-73 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-73 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. c) Res. #96-75 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #96-75 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-75 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey "Nays": None. Absent: Seel. d) Res. #96-76 - Demolition Lien - 1164 & 1166 LaSalle St., Greenwood Park No. 2. Lot 65 (Gerald) The City Attorney reported Item #53 had been pulled from the agenda due to errors in the legal description. ITEM #33 - Other City Attorney Items The City Attorney said, based on City Commission approval, she will hire the firm of Hillward and Henderson. She will meet with Tim Hunt on November 27, 1996, and interview the accounting firm he recommends to do the work on the Harborview Center. She will keep the City Commission posted as that progresses. ITEM #34 - City Manager Verbal Reports Work Session reschedule The City Manager reported the Tampa Bay Regional Planning Council had rescheduled their December meeting to December 2, 1996. Consensus was to schedule the December 2, 1996, Work Session at 1:00 p.m. to avoid conflict. Historic Preservation Grant The City Manager congratulated Scott Shuford and Central Permitting staff for obtaining a Historic Preservation Grant for downtown and the Old Clearwater Bay neighborhood. Grand Opening Pier 60 Park The City Manager announced the Grand Opening of the Pier 60 Park is scheduled for Sunday, November 24, 1996. ITEM #35 - Other Commission Action Mayor Garvey thanked staff for the memorandum regarding Commission discussion at Monday's Work Session on the Erosion Control Line. The City Manager said Jim Terry, of Pinellas County, will make a presentation to the Commission regarding this issue on December 2, 1996. The Mayor noted the importance of the decision as construction is permitted landward of the Erosion Control Line Commissioner Johnson congratulated retired Deputy Chief of Police J.D. Eastridge for being awarded the 20th Annual Joseph F. Cornelius Family Foundation's Outstanding Police Officer of the Year Award. Commissioner Clark sent his best wishes to a Clearwater High School classmate on her 50th birthday. Commissioner Clark congratulated Mike Egger for being named Belleair Police Chief. Mayor Garvey congratulated John Jenkins on his 71st birthday. Mayor Garvey said she had been offered a scholarship from the Florida League of Cities for her participation in Leadership Florida. She questioned if the Commission objected to the City covering her hotel and travel costs. No objections were voiced. Mayor Garvey expressed concern the Planning & Zoning Board is setting very specific conditions, i.e. oleanders to be used in landscaping, when granting requests. Commission consensus is to request a review of the specific case and to notify the Planning & Zoning Board that such specificity in conditions is inappropriate. Mayor Garvey announced the Farmer’s Market will be held downtown on Saturday morning. Mayor Garvey wished everyone a Happy Thanksgiving. ITEM #36 - Adjournment The meeting adjourned at 8:02 p.m.