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09/04/1997CITY COMMISSION MEETING CITY OF CLEARWATER September 4, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan 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. ITEM #3 - Introductions and Awards - None. ITEM #4 - Presentations a) Recognize Police Explorers - 1997 Florida State Champions (2nd consecutive year) ITEM #5 - Approval 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 Agenda 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 “no truck” signs are not obeyed. PUBLIC HEARINGS ITEM #7 - Public Hearing & First Reading Ords. #6172-97 & #6173-97 - Land Use Plan Amendment to Recreation/Open Space & OS/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 Reading Ords. #6177-97 & #6178-97 - Annexation & IL Zoning for property located at 2096 Gentry St., NE ¼ 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 (IL) for Pinellas Groves NE ¼, part of Lots 5 and 12. 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: "Ayes": Johnson, Clark, Hooper, Seel 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: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #9 - (Cont’d from 08/07/97) Public Hearing - Land Use Plan Amendment to Resort Facilities High & CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Bhula, LUP97-06, Z97-06) Staff requested this item be continued. Commissioner Clark moved to continue Item #9. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Annexation & 1) CH, 2) RS-4 Zoning 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 / James L. & Gail D. Gail, V97-10)(EN) 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. 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 Reading Ord. #6182-97 - Vacating a portion of 10’ drainage & utility easement lying along East side of Lot 113, Del Oro 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. Commissioner Seel moved to approve the applicant’s request to vacate a portion of the 10-foot utility easement lying along the East side of Lot 113, Del Oro Groves 1st 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. Commissioner 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 Reading Ord. #6185-97 - declaring millage rate to be levied for FY beginning 10/01/97 and ending 09/30/98, for operation purposes including pensions & debt service, and road maintenance for capital improvement expenditures at 5.1158 mills (CM) 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 Hearing & First Reading Ord. #6186-97 - adopting an operating budget for FY beginning 10/01/97 and ending 09/30/98 (CM) 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 Reading Ord. #6187-97 - adopting the CIP budget for FY beginning 10/01/97 and ending 09/30/98 (CM) 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: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #16 - Public Hearing - approve transfer of $1,000,000 of Penny for Pinellas tax from Landmark Drive extension project to the Memorial Causeway Bridge project (CM) 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 Penny 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 Hearing - Second Reading 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 The City Attorney presented Ordinance #6176-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6176-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-32) - Approved as submitted, less Items #18 and #20. ITEM #18 - See page 6. ITEM #19 - Contract for installation of polyethylene gas mains & service lines, Heuer Utility Contractors, Inc., 09/05/97 -09/04/98, estimated $731,150 (GAS) ITEM #20 - See page 7. ITEM #21 - Extension, health 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 coverage contract, Professional Psychological Services (PPS), 01/01/98 -12/01/98, estimated $168,951 (HR) 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 (IM) ITEM #24 - Renewal lease agreement with Sgt. Allen Moore Community Partnership, 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 (PD) ITEM #25 - Intergovernmental Agreement with Pinellas County for transfer of rights-of-ways of Gulfview 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 - Approve ranking for Alligator Creek Trunk Sewer Cleaning & Television Inspection of Kimmins Contracting Corp. (1), 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 - Reappoint Robert Aude & William Ethington to the Clearwater Housing Authority (CLK) ITEM #29 - Appoint Commissioner Johnson to the Long Center Foundation, Inc. Board of Trustees for the term beginning 09/30/97 (CLK) ITEM #30 - Drainage & Utility Easement - portion of NW¼ of Sec. 1-29-15 (Keene, Inc.)(CA) ITEM #31 - Authorization to file a petition for writ of certiorari to appeal 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 - Approve Street Closure Request - Church of Scientology, 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 - Approval of Purchases per 08/25/97 memorandum: Extension, USA Waste Services, Inc., disposal of mixed loads of refuse, yard waste & construction materials, 09/05/97 -09/20/98, estimated $215,000 (SW) 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 Unisys A-4 mainframe computer, estimated $35,300, 10/01/97 -09/30/98 (IM) Extension, Solarex Technologies of Lakeland, Unisys A-4 mainframe maintenance, estimated $18,742, 10/01/97 -09/30/98 (IM) Extension, Oracle Corp., software support of 4 Oracle database licenses, estimated $39,138.41, 10/01/97 -09/30/98 (IM) 25 desktop computers, Dell Computer Corp., $73,005; to be purchased under City’s master lease-purchase agreement (IM) 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 (IM) Extension, Rotonics Manufacturing, 90 gallon black refuse containers & associated spare parts, 09/05/97 -01/01/98, estimated $90,000 (SW) 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 (CLK) Cellular Telephone Services, AT&T Wireless Services, 09/15/97 -09/30/98, estimated $71,850 (IM) 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 duly seconded and carried unanimously. ITEM #20 - Approve continued use of Premium Stabilization Fund to offset ½ 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 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 POS (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 ½ 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. 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 ½ 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 -0- 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 Bayview Avenue, lying South of Gulf to Bay Blvd. & within City limits to “South Bayview Avenue” (EN) On June 19,1997, the Commission denied a request to change Bayview Avenue, South of Gulf-to-Bay Boulevard, to “Old Bayview Avenue.” 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. 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. 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. 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. 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. Upon the vote being taken, Commissioners Johnson and Seel and Mayor Garvey voted “Aye”; Commissioners Clark and Hooper voted “Nay.” Motion carried. The City Attorney presented Resolution #97-51 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-51 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Seel and Garvey. "Nays": Clark and Hooper. Motion carried. ITEM #34 - Res. #97-49 - increasing Commercial Vessel Slip Rent by 5%, except for Special Purpose (Parasail) 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 Vessel Slip Rent from $11 to $13 per foot, per month, at Clearwater Municipal Marina (MR) 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 - $13-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. Commissioner Clark reported he has a family member employed by a Marina business. Mr. Held said the Marina Business Plan also includes 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 (Parasail) 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 parasail 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 Marina operations have been run by several generations of the same family. The fairness 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. 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. Upon the vote being taken, Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. 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: "Ayes": Johnson, Hooper, Seel and Garvey. "Nays": Clark. Motion carried. 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) 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 fishing 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. 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. 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 will 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. 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.” Motion carried. The City Attorney presented Ordinance #6171-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6171-97 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 #36 - Res. #97-52 - establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing (1997 Gas System Revenue Bonds)(FN) In 1994, Ordinance #5665-94 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. 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 1994A 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. 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. The City Attorney presented Resolution #97-52 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-52 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #37 - First Reading Ord. #6188-97 - providing for advance refunding of the outstanding Gas System Revenue Bonds, Series 1994A (FN) 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. "Nays": None. ITEM #38 - Airport Authority - 1 appointment (CLK) AND ITEM #39 - Environmental Advisory Board - 2 appointments (CLK) The City Manager requested continuing Items #38 and #39. Commissioner Hooper moved to continue Items #38 and #39 to September 18, 1997. The motion was duly seconded and carried unanimously. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #41 - Resolutions 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: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #42 - Other City Attorney 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 Manager Verbal Reports - None. ITEM #44 - Other Commission Action Commissioner Clark questioned if the design of the Nagano Hospitality Center at the 1998 Winter Olympics would be similar to the original proposal. It was reported the new firm, Piper Productions, 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 “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 1st two murals to be painted on buildings along the Pinellas 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. Mayor 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. Mayor Garvey requested residents report malfunctioning street lights. Mayor 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. Mayor Garvey noted the Pinellas 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. ITEM #45 - Adjournment The meeting adjourned at 7:26 p.m.