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11/05/1998CITY COMMISSION MEETING CITY OF CLEARWATER November 5, 1998 Present: Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Absent: Rita Garvey Mayor/Commissioner Also Present: Michael J. Roberto City Manager (arrived 6:24 p.m.) Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Rabbi Arthur Baseman of Temple B’Nai Israel . The Vice-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 - Announcement of Upcoming Events Tourism Director Jean Sherry reviewed the November schedule of activities. ITEM #4 - Introductions and Awards Proclamation: Easter Seals Gift of Hope Week – November 30 - December 4, 1998. A commemorative ornament was presented to the City. Patricia Lafferty. Gas System, was recognized as October Employee of the Month. ITEM #5 - Presentations a) Dorothy Mullen Arts & Humanities Award The award, given for this year’s Folk Arts Festival, was presented to Quality of Life Administrator, Arlita Hallam. b) Recognition of Matt Tiernan & Bill Held for support of Make a Difference Fishing Tournament Bill Held and Matt Tiernan presented a sponsor list and explained the tournament’s purpose is for the enjoyment of severely disadvantaged children. Vice-Mayor Hooper presented a letter of appreciation. c) Lucille Boatman, American Legion, Poppy Day Lucille Boatman presented a basket of poppies, made by veterans at Bay Pines Hospital to honor the soldiers who died on Flanders Field in France. ITEM #6 - Minutes Approval Commissioner Johnson moved to approve the minutes of the regular meeting of October 15, 1998, and the special meeting of November 2, 1998, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda – None. PUBLIC HEARINGS ITEM #8 - Public Hearing - Amendment to approved concept plan and associated preliminary subdivision plat for property f/k/a “Sunshine Mall”, Master Planned Development, Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01 & 21.02 (Clearwater Group, Ltd.)(PLD) The applicant is requesting approval of an amendment to the concept plan and the associated preliminary subdivision plat for the Sunshine Mall Master Planned Development. Major revisions to the concept plan and preliminary subdivision plat are: 1) reduction from 11 to 10 parcels; 2) reconfiguration of Parcels 5, 5A, and 7 into the new Parcels 7 and 8; 3) reduction in size of former Parcel 7 from 17.95 acres to 10 acres and reduction of the number of units on this parcel from 408 to 240; 4) new residential Parcel 8, with 204 apartment units; 5) reduction of the number of commercial outparcels along Missouri Avenue from 9 to 7; 6) revisions to the detention pond/entrance from Druid Road which results in one retention pond on new Parcel 8 and a 0.5 acre increase in size of Parcel 2 (Vision Works); and 7) overall changes in density and intensity from 608 to 644 residential units, and from 242,063 to 206,127 square feet maximum commercial floor area. The MPD (Master Planned Development) zoning, concept plan, and plat for Sunshine Mall were approved on second reading by the City Commission on May 5, 1998. City Commission review of this proposed amendment to the Sunshine Mall MPD is appropriate pursuant to Land Development Code Section 40.261(4). Staff stated the amended concept plan and preliminary subdivision plat are consistent with the original MPD approval because the comprehensively planned redevelopment project provides for interrelated uses, circulation patterns, building orientations, parking areas, open spaces, and like features which contribute positively to the redevelopment area and the City. Planning Manager Sandy Glatthorn reviewed the concept changes to the site plan and reconfigured plat. Ed Armstrong, attorney representing the applicants; Ed Mazur, President of Florida Design Consultants; and Scott Culp, Director of Development for CED Construction, responded to questions. It was indicated the Commission’s May 5, 1998 approval had been based on application for housing tax credits, which was not approved by the State. In response to questions it was indicated onsite retention has been moved, and combined with retention on a different parcel, but is still within the confines of the mall property. It was indicated any changes to the approved master plan development must come before the Commission. Commissioner Seel moved to approve amendment to the approved concept plan and associated preliminary subdivision plat for property f/k/a “Sunshine Mall”, Master Planned Development, Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01 & 21.02. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ord. #6340-98 & #6341-98 - Annexation & RS-8 Zoning for property located at 1601 Stevenson Dr., Stevenson’s Heights, Blk C, Lot 7 (Agnes E. Akins, A98-27)(PLD) The applicant is requesting annexation of a single-family residential property to obtain City garbage collection service. The applicant is already receiving City sanitary and water services, is being billed, and has been paying for these services since June 19, 1987. The Engineering Department recommends that the abutting rights-of-way along Stockton Drive and Stevenson Drive be annexed along with this request. The Planning and Zoning Board endorsed the annexation at their October 20 meeting. Commissioner Johnson moved to approve annexation & RS-8 Zoning for property located at 1601 Stevenson Dr., Stevenson’s Heights, Blk C, Lot 7. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6340-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6340-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Seel. "Nays": None. Absent: Garvey. The City Attorney presented Ordinance 6341-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6341-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Seel. "Nays": None. Absent: Garvey. ITEM #10 - Public Hearing - Approve revised recommended Penny for Pinellas project listing to reflect changes that will accommodate the Beach Entranceway changes (CM) On March 6, 1997, the City Commission adopted Ordinance 6137-97. This ordinance established the requirement for a special public hearing regarding any funding change in a Penny for Pinellas project totaling $500,000 or more. It is estimated that $135,709,528 will be received during the remaining 12-year period of Penny for Pinellas funding. The changes to the project list are: 1) add $2 million to the Beach Entranceway project bringing the new total to $10 million; and 2) increase debt costs by a net $1,670,822 to allow for immediate commencement of the project in FY1998/99. The increase of funding allocated to specific projects is $3,670,822. This is accomplished by eliminating the contingency reserve of $5,057,502 and increasing the unallocated funds from $3,618,627 to $5,005,307, an increase of $1,386,680. Discussion ensued regarding the item, and the following related items 10a and 10b. The City Manager discussed the proposal for changing the beach entranceway, explaining how it will add value and improve quality of life for residents, tourists, and the business community. Consultant Charles Siemon explained this approach to the traffic flow challenge at the beach entrance, stating he has no hesitation recommending the roundabout plan as the best single opportunity for a catalyst to redevelopment. He explained why a “T” intersection does not work at this location, and briefly related how the roundabout plan facilitates all levels of service analyses. He described the appearance of the proposed reflective pool and entry arc, to be located east of Pier 60 Park, between what is now the Beach Diner and Memorial Civic Center. In response to questions, he stated the affected area begins just west of the little bridge, #43, but does not affect the causeway. He said the traffic oval lies within existing roads, so traffic can still function during construction. Discussion ensued regarding how roadway design and signage will dampen traffic movement and reduce travel speed. In response to a suggestion, the City Manager stated traffic calming devices can be added later. The Public Works Administrator said computerized intersection analyses and models have been done and he is confident this one will work. Twenty-eight members of the public spoke regarding the issue. Eleven expressed support; one supported a third lane; thirteen were opposed; and three did not clearly express support or opposition. One letter was submitted in opposition. In response to questions and concerns, the City Manager said the beach library will be relocated to Mandalay Avenue; $2.8 million is budgeted for parking; and the beach will have a police substation. Mr. Siemon stated the third lane was taken out of the design due to convincing projections that it was unnecessary. The project was designed to save as much space as possible. Mr. Baier confirmed the most advanced, conservative model does not project the need for additional lanes. It was indicated, in the absence of 90-degree intersections, collisions are less severe and the ability to clear accidents is improved. A net gain of 100 parking spaces is expected in the marina area. An alternate location along Mandalay Avenue is being sought for the Jolley Trolley. Discussion ensued regarding negotiations to relocate the Beach Diner. Steve Romaine, attorney representing diner owners Steve and Lisa Chandler, stated they are close to reaching an agreement with the City. One remaining issue regards other business uses in Pier 60 Park. Commissioner Johnson moved to approve as submitted, the revised recommended Penny for Pinellas project listing to reflect changes that will accommodate the Beach Entranceway changes. The motion was duly seconded. In response to a request for a promise of a parking facility, Mr. Siemon stated development of a parking strategy is the second most important item in the preliminary design for Clearwater beach. It is hoped a preliminary design will be completed before the end of this year. It was felt $1.5 million is excessive for a reflecting pool and sculpture, and that public input and use of local resources should be encouraged. Upon the vote being taken, the motion carried unanimously. The meeting recessed from 8:45 to 9:07 p.m. a) Approve Camp, Dresser & McKee, Inc. Work Order for $634,871 to provide design & construction management services for Gateway to the Beach project; authorize loan from Consolidated Cash Pool to fund cost of entire roadway project until such time as bonds are issued (CM) This entryway project proposes to improve the arrival and distribution system on Clearwater beach at the intersection of Causeway Boulevard, Coronado Drive and Mandalay Avenue through reconfiguration as a roundabout. This Gateway to the Beach will: send a clear message to the private sector that One City. One Future. is a reality; create a sense of arrival and a sense of place for Clearwater beach, stimulate private sector redevelopment given the public sector improvements, and so create positive momentum for the revitalization of Clearwater beach; create a memorable landmark for Clearwater beach in time for the new millennium; improve the arrival and distribution system on Clearwater beach; allow a dramatic expansion of the marina parcel; and encourage pedestrian and other non-motorized modes of transportation. Project elements include the roundabout, a water feature, significant landscaping, decorative lights and pedestrian walkover structures. The accelerated schedule to complete the project in time for the new millennium will require two shifts for construction, which is a major cost item. A related item on today’s Commission agenda is Resolution 98-37, a transfer agreement with the Florida Department of Transportation (FDOT) transferring a portion of State Road 60 on Clearwater beach from the State Highway System to the Clearwater Road System. Delay in adopting this agreement will impact the City’s ability to complete the project before the next season starts. Total cost of the project is estimated not to exceed $10 million. Approval of this agenda item does not authorize construction, only design. The Commission will have another opportunity to approve this project for construction in the Spring of 1999. The Building Official will need to temporarily waive the noise ordinance during the construction period of this project. This project will be funded by a loan from the consolidated cash pool until such time as bonds are issued to fund the project (estimated in February 1999). The bonds will be repaid from Pennies for Pinellas proceeds. Concerns were expressed with design and construction oversight being provided by the same entity. Deputy City Manager Rick Hedrick said it is customary for a design engineer to manage a roadway construction project because of the technical engineering issues involved. He strongly recommended having a structural design engineer overseeing the roadway construction project. The City Manager said staff will look at the portion of utility design provided by CDM to ensure their involvement is limited to utilities. Commissioner Johnson moved to approve Camp, Dresser & McKee, Inc. Work Order for $634,871 to oversee design and provide construction management services for Gateway to the Beach project; and authorize loan from Consolidated Cash Pool to fund cost of entire roadway project until such time as bonds are issued. The motion was duly seconded. Commissioners Johnson, Hooper, and Seel voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. b) Determine need for other municipal purposes & authorize 60 day lease termination notice to Jolley Trolley & Beach Diner (CM) Jolley Trolley Transportation leases an office in the Memorial Civic Center. Keramitsa, Inc. Leases the property on which the Beach Diner is located. Both these structures will be demolished in order to construct the Gateway to the Beach. Both leases may be terminated upon a determination by the Commission that the premises are needed for other municipal purposes and 60 days written notice. Commissioner Clark moved to determine need for other municipal purposes and authorize 60-day lease termination notice to Jolley Trolley and Beach Diner. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing - Declare surplus to city needs, 600 Franklin St., Gould & Ewing’s 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for purpose of selling; approve contract with Pinellas County Housing Authority for sale thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of $74,240 (ED) The City’s property at 600 Franklin Street, also known as the International Association of Fire Fighters (IAFF) building, is surplus property to City needs. The IAFF is no longer leasing the property. Charter Section 2.01(d)(4)(iii) allows transfer of property to another governmental entity for less than appraised value for a valid public purpose. The Pinellas County Housing Authority is a governmental entity providing housing options to limited income members of the community. The Pinellas County Housing Authority needs to expand their office space located at 209 Garden Avenue. Obtaining the subject property would enable Pinellas County Housing Authority to remain in the institutional quadrant of downtown; be readily accessible to other County entities with which they work; be accessible to their clients, and does not remove property from the tax rolls. On October 8, 1998, James Millspaugh appraised the property value at $75,000. The Pinellas County Property Appraiser’s 1998 assessed value is $74,800. Concerns were expressed with selling City property when it may be needed for expansion of Fire department or other City activities. The City Manager indicated cost of renovations is a factor. Pinellas County Housing Authority needs space for offices and parking, and this location is near public transportation used by their clients. It was indicated the Fire department does not have the budget for bringing handicapped accessibiilty and mechanical systems up to code. In response to questions, it was indicated the land was transferred to the City free of charge five years ago. Concerns were expressed, from the Fire department’s perspective, that the City did not follow its lease process procedure. Discussion ensued regarding City charter provisions regarding surplus real property, and concern was expressed with selling the property for less than its appraised value. The City Manager suggested a continuance to bring information regarding renovation costs, parking, and fire station needs. In response to a question, it was indicated the Housing Authority has not started moving into the building. Commissioner Clark moved to continue Item #11 to the meeting of November 19, 1998. The motion was duly seconded and carried unanimously. Dean Robinson, Executive Director of Pinellas County Housing Authority, related increase in housing needs, and the resulting need for office space, adding he has no choice but to relocate. Presently, office space is needed more than parking. He anticipated eventually replacing both buildings on the site with a 3 to 4 story building. He has not researched what it would take to bring the existing buidling up to standard. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6311-98 - providing for refunding of outstanding Water and Sewer Revenue Bonds, Series 1988 The City Attorney presented Ordinance 6311-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6311-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Seel. "Nays": None. Absent: Garvey. ITEM #13 - Ord. #6344-98 - Relating to Standards of Conduct; amending Sec. 2.304 to add new subsection (2) relating to accepting or soliciting donations on behalf of the City The City Attorney presented Ordinance 6344-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6344-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Seel. "Nays": None. Absent: Garvey. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-25) – Approved as submitted. ITEM #14 - Approval of Purchases per 10/15/98 memorandum: Smith Fence Company, Inc., purchase & installation of fence for various projects throughout City, 11/7/98-10/31/99, est. $150,000 (QOL) Pride of Florida, recapped tires to be used by departments utilizing Fleet Maintenance tire service, 11/6/98-12/31/99, est. $50,000 (GSS) Don Reid Ford, one 1999 Ford F-350 cab and chassis with Knapheide utility body, $25,570; funding to be provided under City’s Master Lease-Purchase Agreement ($24,770) and cash contribution to garage fund ($800) for utility body upgrade (GSS) Onyx Petroleum Inc., extension, vehicle fuel to be used throughout City by all departments, 12/16/98-12/15/99, est. $230,000 (GSS) Gaylord Bros., extension, hardware & software license and maintenance for equipment to be used by Library during 1/1/99-12/31/99, $45,406 (QOL) Century Industries, Inc., one MSM 3200 Mobile Sound Stage to be used throughout City by Parks and Recreation, $84,865; funding to be provided under City’a Master Lease-Purchase Agreement (QOL) South Central Pool Supply, pool heaters & misc. items for resale to Gas System customers during 11/6/98-12/31/99, est. $80,000 (GAS) Noland Company, water heaters & misc. parts for resale to Gas System customers during 11/6/98-12/31/99, est. $250,000 (GAS) M.T. Deason Company Inc., first of two extensions, black 3408 high density polyethylene pipe & fittings to be used throughout gas system during 12/1/98-11/30/99, est. $130,000 (GAS) Oakhurst Construction, construction of footings & installation of pedestrian bridge to be located in Del Oro Groves Park, est. $27,500 (QOL) ITEM #15 - Authorize utilization of purchasing cards and award contract to NationsBank to provide Purchasing Card Services (FN) ITEM #16 - Designation of $40,000 match from 1998-99 Vision Funds in anticipation of grant funding regarding Capitol Theater Grant Application (LIB) ITEM #17 - Lease Agreement for Weed & Seed Job Skills Training Program and Computer Learning Lab, The Mount Carmel Community Development Corp. - Lessor, 908 Palm Bluff Ave., 10/1/98-9/30/99, at rental of $5,000, payable on quarterly basis ($1,250) to Lessor (PD) ITEM #18 - Agreement with Pinellas County, servicing of north county drop-off centers and marketing of recyclables (SW) ITEM #19 - Contract for construction of stormwater improvements at Northwood Estates, Suncoast Excavating & Utilities, Inc., $98,618.30 (PW) ITEM #20 - Authorize negotiation of contracts for architectural services with Bitterli & Associates Architects, Inc.; Fowler Associates Architects, Inc.; Harvard, Jolly, Clees, Toppe Architects, P.A.; Myers, Plisko Architects, P.A.; and Rosier / Jones Associates, Inc. (PW) ITEM #21 - (Cont. from 10/15/98) Interlocal Agreement to provide construction inspection services to the Town of Belleair, 10/1/98-9/30/99 (PLD) - To be Continued ITEM #22 - Reappointment of Commissioner Hooper to Pinellas Planning Council (CLK) ITEM #23 - Authorize settlement - Lois Maroon v. City (CA) ITEM #24 - Authorize settlement - Glover et al. v. City (CA) ITEM #25 - Authorize bringing third-party action against engineering firm and construction company involved with Highland Avenue improvements re Dumont v. City (CA) Commissioner Clark moved to approve the consent agenda as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #26 - Charter Review Committee Recommendations Charter Review Committee Vice-Chair Doug Hilkert responded to questions regarding proposed substantive charter amendments. Discussion ensued regarding application of term limits in relation to Commissioners who have served a partial first term. Concern was expressed regarding an amendment requiring the Commission to adopt procedures for regulating the purchase or rental of good or services, deleting specific dollar values from the Charter. The City Manager stated, while checks and balances are extremely important, it creates odd circumstances over time to have purchasing requirements in the charter. Streamlining of City purchasing procedures cannot be accomplished until this is modified. Concerns regarding removal of the limitation on leases of municipal real property, and removal of the $1 million revenue bond limitation were discussed. It was indicated the fiscal management procedure in Article IX was moved to Article II, 2.01(c)(2). The Committee was thanked for their work, and for the non-substantive changes involved in turning the charter into lay language. The City Attorney requested direction regarding drafting ballot questions as soon as possible. A public hearing for public input and Commission comments was set for November 16, 9:00 a.m., preceding the work session. ITEM #27 - Discussion re St. Petersburg Junior College’s request for support of a joint-use, public/junior college library on the Clearwater campus (LIB) St. Petersburg Junior College (SPJC) is requesting $8 million in Public Education Capital Outlay (PECO) funds to renovate their existing library and build a public library addition to house a joint use library on the Clearwater campus. If the joint facility is approved and the funding obtained, Clearwater and St. Petersburg Junior college would enter a contract to provide joint library service. Quality of Life Administrator Arlita Hallam responded to Commission questions. Potential terms of agreement and 10-year cost projections were discussed. She stressed the figures provided are not contract terms, but a scenario. She requested to know whether or not the Commission likes the concept, if the PECO funds become available. Concerns were expressed the scenario shows the City paying a higher proportion of operational costs. Dr. Hallam said the City would provide staffing and would have total control of the proposed joint use library. The joint use would be required in order for SPJC to qualify for the PECO funds. Discussion ensued regarding what can constructively be done with the East library, as it has the least capacity to grow in its current location, and costs of building new are significant. Concerns were expressed the City may not be able to dispose of the East library property quickly, and that joint use has not been successful in all instances. Concern was expressed too many questions regarding the fundamental premise remain. Commissioner Johnson moved to deny St. Petersburg Junior College’s request for support of a joint-use, public/junior college library on the Clearwater campus. The motion was duly seconded. Commissioners Johnson, Clark and Seel voted “Aye”; Commissioner Hooper voted “Nay.” Motion carried. ITEM #28 - Res. #98-52 - Establishing City’s intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing (FN) Commissioner Seel moved to establish the City’s intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-52 and read it by title only. Commissioner Seel moved to adopt Resolution 98-52 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel Garvey. “Nays”: None. Absent: Garvey. ITEM #29 - Res. #98-54 - Providing for sale of not to exceed $49,000,000 Water and Sewer Refunding Revenue Bonds, Series 1998 (FN) Water and Sewer Refunding Revenue Bonds, Series 1998, in an amount not to exceed $49,000,000 will be used to refinance the series 1988 Water and Sewer Revenue Bonds at a present value savings in excess of 5% of the par value of the bonds. The bonds will not be refunded if adequate savings as well as other requirements are not going to be realized. Market conditions are such that the 1988 bonds can be refunded at a present value savings of approximately $10,000,000. The firm of William R. Hough & Co. was selected to be senior managing underwriter due to work previously performed on this refunding. The firms of Merrill Lynch & Co., Salomon Smith Barney, A.G. Edwards, and Raymond James & Associates have been selected, through the RFP (Request for Proposal) process, to serve as co-managing underwriters on these bonds. The bonds will be sold through negotiated public sale. This resolution authorizes the City Manager and Finance Director to award the sale of the bonds and to determine if it is in the best interest of the City to purchase a debt service surety bond or to fund a debt service reserve. Finance Director Margie Simmons explained the $10 million present value savings was calculated at about $800,000 reduction in principle and interest payments over the next 10 years. She explained the process is similar to refinancing a mortgage. Commissioner Johnson moved to provide for sale of not to exceed $49,000,000 Water and Sewer Refunding Revenue Bonds, Series 1998. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-54 and read it by title only. Commissioner Seel moved to adopt Resolution 98-54 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #30 - Res. #98-41 - Authorizing City of Clearwater Officials to sign applications for FDOT permits (GAS) The Clearwater Gas System (CGS) and City Public Works/Engineering Department do numerous projects in Pinellas and CGS does projects in Pasco County within the Florida Department of Transportation (FDOT) rights-of-way, which must be permitted by the FDOT. These projects may include gas, water and sewer main or service line installations for new customer connections, main relocation, or road crossings. City staff prepares approximately 100 FDOT permit applications annually which require appropriate authorization on behalf of the City of Clearwater. Approval of Resolution 98-41 and the associated FDOT form for “Certificate of Incumbency and Authority” will allow appropriate CGS and City management personnel to execute these permit applications on behalf of the City in a prompt and efficient manner. Commissioner Seel moved to authorize City of Clearwater Officials to sign applications for FDOT permits. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-41 and read it by title only. Commissioner Seel moved to adopt Resolution 98-41 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #31 - Interlocal Agreement / Franchise with Town of Redington Shores to provide natural gas service to citizens of Redington Shores; Res. #98-53 - Accepting Gas Franchise with Town of Redington Shores and approving interlocal agreement (GAS) On September 8, 1998, the Town of Redington Shores Town Commission approved the Interlocal Agreement with the City of Clearwater to provide natural gas service in Redington Shores. The Interlocal Agreement incorporates franchise provisions as part of the document. The Interlocal Agreement provides the City of Clearwater a 30-year non-exclusive right to supply natural gas service and to construct, operate and ;maintain all facilities necessary to supply natural gas to the Town of Redington Shores. The Interlocal Agreement provides for an up to 6% franchise fee to be paid by natural gas consumers within the Town of Redington Shores. Commissioner Seel moved to approve Interlocal Agreement / Franchise with the Town of Redington Shores to provide natural gas service to citizens of Redington Shores; accepting Gas Franchise with Town of Redington Shores, and approving interlocal agreement. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-53 and read it by title only. Commissioner Clark moved to adopt Resolution 98-53 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #32 - Res. #98-37 - authorizing execution of a Transfer Agreement with FDOT for transfer of SR60 / Causeway Blvd., from Mandalay Ave. to Bridge No. 43 and SR60 / Marianne St., from Bridge No. 43 to Mandalay Ave., from state highway system to the City of Clearwater road system (PW) Commissioner Seel moved to authorize execution of a Transfer Agreement with FDOT for transfer of State Road 60 / Causeway Boulevard, from Mandalay Avenue to Bridge No. 43 and State Road 60 / Marianne Street, from Bridge No. 43 to Mandalay Avenue, from state highway system to the City of Clearwater road system. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-37 and read it by title only. Commissioner Johnson moved to adopt Resolution 98-37 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #33 - First Reading Ord. #6332-98 - Relating to Building and Development Regulations; amending Sec. 47.051, Adoption and Enforcement, to Adopt the 1997 edition of the Standard Building Code and Standard Mechanical Code (PLD) State Statute Chapter 533.73 requires the City to adopt the latest edition of the Standard Building Code as recommended by the Pinellas County Construction Licensing Board (PCCLB.) The PCCLB approved the 1997 edition with amendments at a public hearing July 21, 1998. The proposed ordinance is adopting the 1997 edition of the Standard Building Code with amendments, as well as the 1997 edition of the Standard Mechanical Code. Commissioner Seel moved to amend Building and Development Regulations, Section 47.051, Adoption and Enforcement, to adopt the 1997 editions of the Standard Building Code and Standard Mechanical Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6332-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6332-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #34 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #35 - Resolution #98-55 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution 98-55 and read it by title only. Commissioner Clark moved to adopt Resolution 98-55 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #36 - Res. #98-59 - Authorizing execution of Mutual Aid Agreement for Marine Patrol services with Pinellas County Sheriff’s Office The City Attorney presented Resolution 89-59 and read it by title only. Commissioner Johnson moved to adopt Resolution 98-59 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel. “Nays”: None. Absent: Garvey. ITEM #37 - Other City Attorney Items – None. ITEM #38 - City Manager Verbal Reports a) Set Special Worksession for Land Development Code re-write A special work session was scheduled for November 17, 1998 at 9:00 a.m. in Commission Chambers. November 30, 1998 was set as an alternate date if Charlie Siemon is not available on the 17th. ITEM #39 - Other Commission Action a) City Attorney Salary Commissioner Johnson moved to approve an 8% salary increase for the City Attorney, retroactive to October 1, 1998, with benefits to remain unchanged, except as affected by this 8% salary increase. The motion was duly seconded and carried unanimously. Commissioner Seel noted the September 28, 1998 Parks and Recreation Board minutes inaccurately reported no elementary schools are in the Countryside Recreation Center neighborhood, because there are two. She questioned how long Lake Chautauqua Park opening will be delayed due to relocation of a protected tortoise. Commissioner Johnson said the Commission received a nice letter regarding Jazz Holiday. ITEM #40 - Adjournment The meeting adjourned at 10:51 p.m.