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03/03/2008 WORK SESSION AGENDA Council Chambers - City Hall 3/3/2008 - 1 :30 PM 1. Fire Department 1.1 Amend the Code creating section 17.07 to enhance trench digging safety and pass Ordinance 7918-08 on first reading. I@l Attachments 1.2 Amend the Fire and Life Safety Inspection/Permit Fees schedule to add fees for a Trench Digging Permit and pass Ordinance 7919-08 on first reading. ~ Attachments 2. Gas System 2.1 Approve the Rollover (first of two authorized rollovers) of Bid 13-07 Gas Material - Meters and Regulators Lines 1,2,3,4,6,7,and 15 in the amount of $232,000 to M. T. Deason Company, Incorporated for the period March 8, 2008 to March 31, 2009 and authorize the appropriate officials to execute same. (consent) I@l Attachments 3. Public Services 3.1 Ratify and Confirm Change Order 5 to Gibbs & Register, Inc. of Winter Garden, FL. for the Cleveland Street Streetcape Project (03-0093-ED), increasing the contract by $131,346.03 for a new contract total of $10,336,582.56, and approving a time extension of 112 days. (consent) ~ Attachments 4. Engineering 4.1 Approve a Contract For Purchase of Real Property with Donna Andrus for property legally described as LAUREL LAKE SUBDIVISION, Lots 8, 9 and 10, in the sum of $395,000 plus estimated environmental inspection and closing expenses not to exceed $3,000, and authorize appropriate officials to execute same, together with all other documentation required to effect closing. (consent) I@l Attachments 5. Planning 5.1 Hotel Density Increases (Work Session Only) ~ Attachments 6. Official Records and Legislative Services 6.1 Appoint two members to the Municipal Code Enforcement Board with one term expiring on October 31, 2008 and another term expiring on February 28, 2011. I@l Attachments 7. Legal 7.1 Adopt Ordinance No. 7912-08 on second reading, vacating the five-foot utility easement lying adjacent to the northerly property lines of Lots 1 and 4, Block 41A, Manda1ay Subdivision. @ Attachments 8. City Manager Verbal Reports 8.1 City Manager Verbal Reports ~ Attachments 9. Council Discussion Items 9.1 Blackwood Proposal re: Progress Energy Property at Clearwater Beach Recreation Center ~ Attachments 9.2 Beach Parking Garage Land Assembly ~ Attachments 9.3 Homeless/Panhandling Ordinance ~ Attachments 9.4 City Sponsored Events Held Outside Clearwater City Limits - Counci1member Cretekos @ Attachments 10. Other Council Action 10.1 Other Council Action ~ Attachments 11. Adjourn 12. Presentationes) for Council Meeting 12.1 Clearwater Civitan Club / Mr. Fred Novo-Mesky ~ Attachments 12.2 Painting to be presented to Council/Sandy Holden and Clark Keser @ Attachments 12.3 Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary @ Attachments 12.4 Proclamation: Celebrate Clearwater Neighborhoods Week and Day 2008 ~ Attachments Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the Code creating section 17.07 to enhance trench digging safety and pass Ordinance 7918-08 on first reading. SUMMARY: Florida Statutes Section 633.025 (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards. Florida State Fire Prevention Codes does not address trench digging safety at this time. For the safety of construction workers working in trenches and for first responders rendering aid and medical services resulting from a collapse, entrapment, or an injury, the Fire & Rescue Department would like to strengthen the requirements of the minimum fire and life safety codes by implementing a local ordinance for trench digging safety. The ordinance requires: 1. Individuals, partnerships, corporations, and any other entity of any kind engaging in trench digging to be in compliance with this ordinance, laws of Florida, and OSHA; 2. A permit to be obtained from the City of Clearwater Building Department, and any permit holder shall follow the permit stipulations as outlined in the ordinance; 3. A fire inspector or designee shall periodically inspect trench digging sites, and enforce permit posting and compliance with OSHA; 4. Violations of the article may result in revocation or suspension of trench digging permits; written notice of violations shall be issued for any deficiency; no further trench digging may take place until deficiency noted is corrected; deficiencies not corrected in a timely manner will result in a stop work order; flagrant and/or repeated violations shall be reported to OSHA. Permit costs will be included in a revised Fire and Life Safety Inspection/Permit Fees schedule, which will include "Trench Digging Permit $200.00". A draft of the trench digging ordinance was provided to several construction affiliated companies asking for their input, and the responses received were favorable. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) CityllM:W1uje1 7) Clerk Attachment number 1 Page 1 of 3 ORDINANCE NO. 7918-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO TRENCH DIGGING; CREATING SECTION 17.07, CLEARWATER CODE OF ORDINANCES, TO ENHANCE TRENCH DIGGING SAFETY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Fire & Rescue is charged with providing rescue services in the Clearwater Fire Control District within Pinellas County, Florida; and WHEREAS, by requiring individuals to comply with recognized standards for trench digging safety, the safety of construction workers and the safety of Clearwater Fire and Rescue personnel would be enhanced, particularly when personnel have to respond to render aid and medical services resulting from a collapse, an entrapment, or an injury; and WHEREAS, Section 633.025, Florida Statutes (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards; and WHEREAS, Section 633.0215(7), Florida Statutes (2007) requires that any local amendment to the Fire Code adopted by a local government must strengthen the requirements of the minimum fire and life safety codes; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 17.07, Clearwater Code of Ordinances, is hereby created as follows: Sec. 17.07. TRENCH DIGGING SAFETY (1) Definitions. For the purposes of this section: (a) Excavation means any manmade cavity or depression in the earth's surface, including its sides, wall, or faces, formed by earth removal and producing unsupported earth conditions by reasons of the excavation. If installed forms or similar structures reduce the depth-to-width relationship, an excavation may become a trench. (b) OSHA means the U.S. Department of Labor, Occupational Safety and Health Administration, or successor agency. (c) Supervisory personnel means any person who has the responsibility for layout, oversight, superintending, directing or controlling an excavation or a trench site. (d) Trench digging means a narrow excavation in excess of five (5) feet deep below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the Item # 1 Ordinance No.7918-08 Attachment number 1 Page 2 of 3 excavation to fifteen (15) feet or less (measured at the bottom of the excavation), the excavation is also considered a trench. (2) Prohibition. No individual, partnership, corporation or other entity of any kind whatsoever shall engage in any trench digging except in compliance with the provisions of this article and in compliance with any applicable laws of the State of Florida or of the United States Occupational Safety and Health Administration (OSHA), particularly part 29 C.F.R.'s 1926, Subpart P--Excavations, Trenching, and Shoring Section 1926.650, 1926.651, 1926.652, 1926.653 of the code of Federal Regulations as the same now exist or may be hereafter amended, which are specifically adopted as part of this Article the same as if quoted verbatim herein. (3) Permit required. No trench digging shall be performed until a permit has been obtained from the City of Clearwater Building Department. All applicants shall be required to acknowledge receipt and understanding of safety requirements before a permit will be issued. All such permits shall be conspicuously posted upon the job site. Perm it shall be suspended or revoked for due cause. The violation of any laws or ordinances regulating trench digging as set forth herein shall constitute due cause for suspending or revoking such permit. (4) Inspection. (a) The Fire Inspector or his designee shall periodically inspect trench digging sites. Such inspectors shall, among other things, verify the presence of the required permits and compliance with the OSHA safety standards hereinabove adopted. (b) Every trench digging project shall have an OSHA certified "Competent Person" on site during all aspects of the trench digging to perform the necessary inspections. The Contractor is the responsible party for damage to underground facilities such as gas mains and utility service lines. (5) Violations. (a) Violations of this Article may result in revocation or suspension of trench digging perm its issued hereunder as set forth above. (b) A written notice of violation shall be issued for any deficiency. Upon receipt of such notice, the deficiency shall be corrected immediately. No further trench digging may take place until the deficiency noted is first corrected. (c) If deficiencies identified in a notice of violation are not corrected in a timely manner, a stop work order (red tag) will be issued. (d) Flagrant and/or repeated violations shall be reported to OSHA for action by that agency. Item # 1 Ordinance No.7918-08 Attachment number 1 Page 3 of 3 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 1 Ordinance No.7918-08 I I I I I Nov,mber 16, 2007 Mr.~'m Keller . Cle ater Fire & Rescue 610 ranklin Street Cltter, FL 33756 De, Jim, JM~ has reviewed the information on th.e new trenching ordinance and have no i sues with it. We do concur with the ordinance as presented. If you nee any more information, please don't hesitate to call. S. I 1 Inc e y, JM~~' ~-=-' DE;SIGN AND DEVELOPME NT, INC. Attachment numb Page 1 of 5 ~~ 10 P. Hobach Pres dent I, I I o Mandala:y &~ Clnh 470 Manaalay Y"enue Cle~t.:r, FI 33767 (727) 443-658 ph (727) 443-3885 fax I ...) Q I () Q . ()~.1 o Corporate 2201 4th Str~et North, Suite 200 St. Petershl.lI'P.:, FL 33704 (727) 823-0022 ph (727) 821-2007 fax . .. ..... '.^-.. .~-_.... - ~........ ,~----- o MiDc)rcllI 2601 N. Pe,nimula A"eJ"t'IM:: New Smyrna. Beach, FL .32169 (386) 427-5204 ph (31l6) 'ft7-70Sjf:r 1M,,) I; 17 . 17 I () () 7 . ~71 fo ~ Act Fire Protection, Inc., 20So-D Calumet St. Clearwater, Fl33165 Office: 727-797-2070 Fax: 721-79~OS NOV 16/ 2007 CLEARWATER FIRE & RESCUE Mr. JIM KELLER Re: New Ordinance No. 7897-07 Dear Mr. keller Thank you for speaking with me today and the opportunity to express oppinion regarding the recently propose ordinance no.7897-07 Our company agrees with this ordinance & we feel that it should be adopted as noted on your fax copy to us. Thank You Alfred Barrett President ACT FIRE PROTECTION. INe. Attachment numb Page 2 of 5 Item # 1 Nov l~ ~UU~ ~:U~~M ~"/".~~tf-f"'~ p. ~ 6 . H _,,, ;~;f!?)f:,ff\~l;:~r.~:.~t .. ..;f:'~~~1~~(jitrW:r::.., OPUSa '~:'~f:~:.:l~~~~~~,i.~:~~~;:~~~Ji~ IlII W ATE B'S E D G E Attachment numb Page 3 of 5 Dear: S.C. Strong Fire Marsha) Divisipn ofF'1re Prevention. I have great respect for the City of Clearwater Fire and rescue Department on the precautions they are taking on trerK:bing safely within the construction industries. As you are 8W8I'C trenching and excavating takes many lives in the cObSIruc:tion industry every day, and if we took the time to evaluate our jobs and use the proper methods that lire available we can all go home safely. ; ;1~'1~~'r;;i.~~:~~~.~;;~;};;:_t;':;~~i}';> November 16,2007 Requiring a permit is the fwst step to ensure that companies are at least complying with the OSHA standards. There are a lot of COn1pi11lY'S that are unaware oftbis 8JJd training ir the key. Having a competent person is another plus as tbis also is a requirement. I cannot count how many times I bave encountered lIll excaVBt:ion greater than ten feet in depth with no competent person. Would this individual be required to have a certification? Should we also look at instructing them to have ons:ite the One Call report'? This would show i.~~;;~at,.l'II of the utility's have been located md a bacIrup that the e:xcavationbas the proper planning. ..--?:<;:.~~:.- ~~-~:}~ . ( .i~i"'~1 c: I~uld suggest mentioning that OSHA safety regulations shall be strictly enfon:ed and that " , '". ..violation shall result in a fonnal letter to OSHA. As I had stated before trenchlog is not . ... ''-''..':~ 1Bke lightly not just for the construction industry but also for the rescue ream. ~: j..~ ~: ~:. ,:".' . be the flrSt to commend the City Of Clearwater Fire and Rescue department for their ..,port within the safety and construction industry. I beHove this is the first plan that I er- heard offrom a Fire and Rescue Division. and would also Iilw to see other municipalities l'! in your departments footsteps in the future. "":1f'I can be ofany further assistant please feel he to give me a call at 727-639.0163 Regards, Michael Woodall Assistant Superintendent Opus South Contractors Waters Edge One Project ....................... Item # 1 Piper Fire Protection, Inc. 521 COMMERCE DRIVE SOUTH, LARGO, FLORIDA 33770 Email: pfpmail@piperfire.com Attachment numb D~no A nf 5 PINELLAS PH. (727) 581-9339 PINELLAS FX. (727) 581-8332 HILLSBOROUGH (813) 221-5101 SARASOTA PH. (941) 365-2303 SARASOTA FX. (941) 365-0936 STATE-WIDE 1-800-327-7604 November 5, 2007 Clearwater Fire & Rescue 610 Franklin Street Clearwater, FL 33756 Attention: Fire Marshal S.C. Strong, CFEI, CFH Regarding: Ordinance No. 7897-07 Enhancing Trenching Safety Dear Mr. Strong: I understand that there is a new ordinance now either being considered, or in effect. In reviewing Ordinance No. 7897-07, it seems clear that the intent of the ordinance is to increase safety with regards to trenching and digging. We, at Piper Fire Protection, Inc, stand strongly in support of it. My function at Piper Fire has two basic aspects. First is overall management of our contracting efforts. Second is Director of Safety for the company as a whole. There are times where these two purposes conflict, and I along with my seniors, have to make some tough choices. In such rare cases, invariably, the benefit of such a choice always goes in favor of safety, and for a very good reason. We can replace lost money. We can sometimes make up time on a schedule. We can usually repair a damaged relationship with a client, and we can oftentimes correct our errors on a project. Unfortunately, no matter how hard we might wish or try, neither we nor anybody else, can bring back somebody lost to injury. As a contractor, we stand to spend more money in permitting, as a result of compliance with this ordinance. These sums are paltry in comparison to the value of a life, a limb, or the continued good health of a co-worker. We will simply build this modest added permit cost into our construction proposals. More important to us as a company, is the sure knowledge that this ordinance will have a positive effect on digging operations on Clearwater. Digging in Florida is both a blessing and a curse. A blessing, because the soil will always be Type C, which requires little in the way of testing to determine the best way to deal with it. Conversely, Type C can be a curse, as it is the most difficult soil to deal with. Be that as it may, proper shoring, benching, or sloping properly to maintain a safe and proper excavation is something, we as contractors, are already mandated by OSHA to do. The fact that this requirement will now be rigorously be enforced by Clearwater will put contractors who already in compliance, on an equal footing with contractors who are not, and close some of the gaps in the costs of doing business in a proper and safe fashion. Fire Sprinklers Extingu ishers Fire Alarm Item # 1 Attachment numb Page 5 of 5 Having worked in this community for 11 years, I will personally appreciate not having to read a newspaper, only to find out that another life was needlessly lost. We appreciate your efforts as a proponent of this positive change. ~]O\Dt~ Dimitri Fotopoulos, PSM Senior Manager I Contracts & Safety PIPER FIRE PROTECTION, INC. Fax: 727562-4461 Phone: 727 562-4327-3039 \'ds1 \PIPER FIRE LARGO\CONSTRUCTION OEPT\CORRESPONDANCE\c1ty of CLurwatIIr . N.. Trlll'lChing & Shoring OrdiMnce.doc Fire Sprinklers Extinguishers Fire Alarm Item # 1 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the Fire and Life Safety Inspection/Permit Fees schedule to add fees for a Trench Digging Permit and pass Ordinance 7919-08 on first reading. SUMMARY: Florida Statutes Section 633.025 (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards. Florida State Fire Prevention Codes does not address trench digging safety at this time. For the safety of construction workers working in trenches and for first responders rendering aid and medical services resulting from a collapse, entrapment, or an injury, the Fire & Rescue Department would like to strengthen the requirements of the minimum fire and life safety codes by implementing a local ordinance for trench digging safety. Permit costs will be included in a revised Fire and Life Safety Inspection/Permit Fees schedule, which will include "Trench Digging Permit $200.00". A draft of the trench digging ordinance was provided to several construction affiliated companies asking for their input, and the responses received were favorable. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7919-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIRE AND LIFE SAFETY INSPECTION FEES; AMENDING THE SCHEDULE OF FEES IN APPENDIX A, ARTICLE VIII, CLEARWATER CODE OF ORDINANCES, TO ADD A FEE FOR THE PERMIT REQUIRED FOR TRENCH DIGGING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Fire & Rescue is charged with providing rescue services in the Clearwater Fire Control District within Pinellas County, Florida; and WHEREAS, Section 633.025, Florida Statutes (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards; and WHEREAS, Section 633.081, Florida Statutes (2007) allows the governing body of a municipality, county, or special district with fire and life safety enforcement responsibilities to provide a schedule of fees to pay the cost of inspections and related administrative expenses; and WHEREAS, because a new permit for Trench Digging has been created, a fee for said permit is added to Appendix A, Article VIII, Clearwater Code of Ordinances; and WHEREAS, the City Council finds that the fees imposed herein are reasonably related to the expenses of the City in providing these services; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article VIII, Clearwater Code of Ordinance, is hereby amended as follows: VIII. Fire and Life Safety Inspection/Permit Fees: (1) Preliminary Site Plans.............................................. $200.00 each (2) New Construction/Renovations Plan Review.......... $0.04 per sq. ft. (3) 3rd Plan Review........................................................ $1 00.00 plus $0.04 per sq. ft. (4) Fire Protection Sprinkler Systems (All) .................... $0.04 per sq. ft. (5) Underground Fire Line ............................................. $1 00.00 each (6) Armovers or Add Head to Existing Sprinkled Spaces ........................................ $1.00 per head, $50.00 minimum (7) Standpipe Systems.................................................. $1 00.00 each (8) Fire Pump ................................................................$250.00 each for review, inspection, and acceptance test (9) Fire Alarm and Detection Systems (All) ................... $0.04 per sq. ft., $50.00 per panel (10) Pre-engineered Fire Suppression Fixed Systems (All) or Hood Systems (All) ...................................... $75.00 Ordinance No.lta11l4M2 Attachment number 1 Page 2 of 2 (11) Renovation Inspection.............................................. $50.00 (12) Hotwork: Commercial Roofing, Welding, Cutting, Thermite Welding, Braising, Soldering, Grinding Thermal Spraying ...................................................... $1 00.00 (13) Certificate of Occupancy Inspection ......................... $50.00 (14) Red Tag Fee (failed permit inspection) ..................... $50.00 (15) Trench DiGGinG Permit $200.00 (16)~ Change of Occupancy Inspection ....................... $50.00 (17)fiG} Flammable/Combustible Liquids Storage............ $50.00 (18)M Tank Removal or Tank Installation...................... $60.00 each (19)f-tS} LP Storage Cylinders........................................... $50.00 (20)f-t9} Fireworks Display................................................ $150.00 (21){2Q} Tent permit and Inspection.................................. $150.00 (22){24-} ALF's.................................. ................................ $50.00 per floor (23){22} Nursing Homes................................................... $50.00 per floor (24)~ Hospitals............................................................. $50.00 per floor (25){24} Group Homes ..................................................... $50.00 per floor (26)~ Foster Homes ..................................................... $50.00 per floor (27){2G} Disaster Plan Review......................................... $50.00 each (28){2+} Daycare .............................................................. $50.00 per floor (29){2S} Occupational License Inspection........................ $50.00 (30){29} Periodic Inspection ............................................. No Charge (31){W} Follow-up Re-inspection ..................................... No Charge (32){J4-} 1st Re-inspection less than 80,000 sq. ft ............ $50.00 (33)~ Subsequent Re-inspection less than 80,000 sq. ft. $100.00 (34)~ Re-inspection over 80,000 sq. ft......................... $1 00.00 (35)~ Subsequent Re-inspection over 80,000 sq. ft .... $200.00 (36)~ Licensure of Facilities Inspection ....................... $50.00 (37)~ Fire Watch .......................................................... $43.00 (per person per hour) (38){3+} Fire Watch Apparatus Usage ............................. $150.00 (per apparatus per hour) Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. ~ffl-#82 I I I I I Nov,mber 16, 2007 Mr.~'m Keller . Cle ater Fire & Rescue 610 ranklin Street Cltter, FL 33756 De, Jim, JM~ has reviewed the information on th.e new trenching ordinance and have no i sues with it. We do concur with the ordinance as presented. If you nee any more information, please don't hesitate to call. S. I 1 Inc e y, JM~~' ~-=-' DE;SIGN AND DEVELOPME NT, INC. Attachment numb Page 1 of 5 ~~ 10 P. Hobach Pres dent I, I I o Mandala:y &~ Clnh 470 Manaalay Y"enue Cle~t.:r, FI 33767 (727) 443-658 ph (727) 443-3885 fax I ...) Q I () Q . ()~.1 o Corporate 2201 4th Str~et North, Suite 200 St. Petershl.lI'P.:, FL 33704 (727) 823-0022 ph (727) 821-2007 fax . .. ..... '.^-.. .~-_.... - ~........ ,~----- o MiDc)rcllI 2601 N. Pe,nimula A"eJ"t'IM:: New Smyrna. Beach, FL .32169 (386) 427-5204 ph (31l6) 'ft7-70SJ f.af 1M,,) I; 17 . 17 I () () 7 . ~71 fo ~ Act Fire Protection, Inc., 20So-D Calumet St. Clearwater, Fl33165 Office: 727-797-2070 Fax: 721-79~OS NOV 16/ 2007 CLEARWATER FIRE & RESCUE Mr. JIM KELLER Re: New Ordinance No. 7897-07 Dear Mr. keller Thank you for speaking with me today and the opportunity to express oppinion regarding the recently propose ordinance no.7897-07 Our company agrees with this ordinance & we feel that it should be adopted as noted on your fax copy to us. Thank You Alfred Barrett President ACT FIRE PROTECTION. INe. Attachment numb Page 2 of 5 Item # 2 Nov l~ ~UU~ ~:U~~M ~"/".~~tf-f"'~ p. ~ 6 . H _,,, ;~;f!?)f:,ff\~l;:~r.~:.~t .. ..;f:'~~~1~~(jitrW:r::.., OPUSa '~:'~f:~:.:l~~~~~~,i.~:~~~;:~~~Ji~ IlII W ATE B'S E D G E Attachment numb Page 3 of 5 Dear: S.C. Strong Fire Marsha) Divisipn ofF'1re Prevention. I have great respect for the City of Clearwater Fire and rescue Department on the precautions they are taking on trerK:bing safely within the construction industries. As you are 8W8I'C trenching and excavating takes many lives in the cObSIruc:tion industry every day, and if we took the time to evaluate our jobs and use the proper methods that lire available we can all go home safely. ; ;1~'1~~'r;;i.~~:~~~.~;;~;};;:_t;':;~~i}';> November 16,2007 Requiring a permit is the fwst step to ensure that companies are at least complying with the OSHA standards. There are a lot of COn1pi11lY'S that are unaware oftbis 8JJd training ir the key. Having a competent person is another plus as tbis also is a requirement. I cannot count how many times I bave encountered lIll excaVBt:ion greater than ten feet in depth with no competent person. Would this individual be required to have a certification? Should we also look at instructing them to have ons:ite the One Call report'? This would show i.~~;;~at,.l'II of the utility's have been located md a bacIrup that the e:xcavationbas the proper planning. ..--?:<;:.~~:.- ~~-~:}~ . ( .i~i"'~1 c: I~uld suggest mentioning that OSHA safety regulations shall be strictly enfon:ed and that " , '". ..violation shall result in a fonnal letter to OSHA. As I had stated before trenchlog is not . ... ''-''..':~ 1Bke lightly not just for the construction industry but also for the rescue ream. ~: j..~ ~: ~:. ,:".' . be the flrSt to commend the City Of Clearwater Fire and Rescue department for their ..,port within the safety and construction industry. I beHove this is the first plan that I er- heard offrom a Fire and Rescue Division. and would also Iilw to see other municipalities l'! in your departments footsteps in the future. "":1f'I can be ofany further assistant please feel he to give me a call at 727-639.0163 Regards, Michael Woodall Assistant Superintendent Opus South Contractors Waters Edge One Project ....................... Item # 2 Piper Fire Protection, Inc. 521 COMMERCE DRIVE SOUTH, LARGO, FLORIDA 33770 Email: pfpmail@piperfire.com Attachment numb D~no A nf 5 PINELLAS PH. (727) 581-9339 PINELLAS FX. (727) 581-8332 HILLSBOROUGH (813) 221-5101 SARASOTA PH. (941) 365-2303 SARASOTA FX. (941) 365-0936 STATE-WIDE 1-800-327-7604 November 5, 2007 Clearwater Fire & Rescue 610 Franklin Street Clearwater, FL 33756 Attention: Fire Marshal S.C. Strong, CFEI, CFH Regarding: Ordinance No. 7897-07 Enhancing Trenching Safety Dear Mr. Strong: I understand that there is a new ordinance now either being considered, or in effect. In reviewing Ordinance No. 7897-07, it seems clear that the intent of the ordinance is to increase safety with regards to trenching and digging. We, at Piper Fire Protection, Inc, stand strongly in support of it. My function at Piper Fire has two basic aspects. First is overall management of our contracting efforts. Second is Director of Safety for the company as a whole. There are times where these two purposes conflict, and I along with my seniors, have to make some tough choices. In such rare cases, invariably, the benefit of such a choice always goes in favor of safety, and for a very good reason. We can replace lost money. We can sometimes make up time on a schedule. We can usually repair a damaged relationship with a client, and we can oftentimes correct our errors on a project. Unfortunately, no matter how hard we might wish or try, neither we nor anybody else, can bring back somebody lost to injury. As a contractor, we stand to spend more money in permitting, as a result of compliance with this ordinance. These sums are paltry in comparison to the value of a life, a limb, or the continued good health of a co-worker. We will simply build this modest added permit cost into our construction proposals. More important to us as a company, is the sure knowledge that this ordinance will have a positive effect on digging operations on Clearwater. Digging in Florida is both a blessing and a curse. A blessing, because the soil will always be Type C, which requires little in the way of testing to determine the best way to deal with it. Conversely, Type C can be a curse, as it is the most difficult soil to deal with. Be that as it may, proper shoring, benching, or sloping properly to maintain a safe and proper excavation is something, we as contractors, are already mandated by OSHA to do. The fact that this requirement will now be rigorously be enforced by Clearwater will put contractors who already in compliance, on an equal footing with contractors who are not, and close some of the gaps in the costs of doing business in a proper and safe fashion. Fire Sprinklers Extingu ishers Fire Alarm Item # 2 Attachment numb Page 5 of 5 Having worked in this community for 11 years, I will personally appreciate not having to read a newspaper, only to find out that another life was needlessly lost. We appreciate your efforts as a proponent of this positive change. ~]O\Dt~ Dimitri Fotopoulos, PSM Senior Manager I Contracts & Safety PIPER FIRE PROTECTION, INC. Fax: 727562-4461 Phone: 727 562-4327-3039 \'ds1 \PIPER FIRE LARGO\CONSTRUCTION OEPT\CORRESPONDANCE\c1ty of CLurwatIIr . N.. Trlll'lChing & Shoring OrdiMnce.doc Fire Sprinklers Extinguishers Fire Alarm Item # 2 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Rollover (first of two authorized rollovers) of Bid 13-07 Gas Material - Meters and Regulators Lines 1,2,3,4,6,7,and 15 in the amount of $232,000 to M. T. Deason Company, Incorporated for the period March 8, 2008 to March 31, 2009 and authorize the appropriate officials to execute same. (consent) SUMMARY: M.T. Deason Company, Incorporated P.O. Box 101807 Birmingham, AL 35210 was the low bidder who met specifications on Bid 13- 07 for Lines 1,2,3,4,6,7, and 15 with an actual bid of $231,670. M.T. Deason has agreed in writing to hold current prices through March 2009. Funding is available in Pinellas New Mains and Service Lines 315-96377 ($100,000) and Pasco New Mains and Service Lines 315- 96378 ($132,000) in the Clearwater Gas System Budget. The material is code approved and the meters and regulators will be utilized on the Clearwater Gas System Distribution System to include our expansion into central Pasco County and City of Clearwater neighborhoods Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $232,000 $232,000 2007 to 2008 Annual Operating Cost: Total Cost: $232,000 Appropriation Code 315-96377 315-96378 Amount 100,000 132,000 Appropriation Comment Pinellas Mains & Service Pasco Mains & Service Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 13-07 None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 3 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract For Purchase of Real Property with Donna Andrus for property legally described as LAUREL LAKE SUBDIVISION, Lots 8, 9 and 10, in the sum of $395,000 plus estimated environmental inspection and closing expenses not to exceed $3,000, and authorize appropriate officials to execute same, together with all other documentation required to effect closing. (consent) SUMMARY: The subject properties are improved with just over 3,900 square feet of living space in two residential structures containing a total of five rental units. The two structures are sited on three platted lots addressed as 600 and 610 South Duncan A venue, containing a total of 34, 480 square feet ofland (0.562 Acres, more or less). The improvements are built upon lands that were once a wetland. The subject structures are within the 100-year flood plain, Special Flood Hazard Area "AE", and are included in FEMA's repetitive loss list, each having experienced two inundations in recent years. Both properties have been recommended for purchase in the City's Stevenson Creek Watershed Management Plan ("Plan"). In December 2000, the City settled a lawsuit over related area flooding issues by purchasing two other duplexes abutting the rear of the subject properties. City staff approached property owner Donna Andrus in November 2007 about a potential purchase. Both the City and the owner hired State Certified Real Estate Appraisers to value the properties. The City appraiser valued the properties in total at $370,000. The owner's appraiser valued the properties at $444,000. The proposed purchase price is below the mid range of the two appraisals. A previously negotiated contract in the amount of $420,000 was rejected by Council at its February 4, 2008 work session, with direction given to renegotiate the purchase price prior to further Council consideration. The contract provides for closing on or before June 2, 2008, subject to securing a satisfactory environmental audit and fulfillment of other contract conditions, including having the units totally vacated. The structures will be removed or demolished following purchase and a pond will be constructed upon the property. In addition to removing the structures from FEMA's repetitive loss list and fulfilling a Plan recommendation, the pond will reduce flooding risk to adjacent properties and provide some water quality treatment required by the FDEP permit for Beachwalk. A first quarter budget amendment will transfer $27,472.18 of Stormwater Utility Revenue from Capital Improvement Program (CIP) project 0315-96124, Storm Pipe System Improvements, to CIP 0315-96149, Storm System Expansion, to provide total funding in the amount of $395,000 plus $3,000 for additional related expenses for the purchase. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: A first Quarter budget amendment will transfer $27,472.18 of Stormwater Utility Revenue from Capital Improvement Program (CIP) project 0315-96124, Storm Pipe System Improvements, to CIP 0315-96149, Storm System Expansion, to fund the pu&1llfl(8e~emo Current Year Cost: Not to Exceed: $398,000.00 $398,000 Annual Operating Cost: Total Cost: $0.00 $398,000.00 Item # 4 For Fiscal Year: 10/2007 to 09/2008 Appropriation Code 0315-96149-560100-539- 000-0000 Amount $398,000.00 Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 7 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: DONNA ANDRUS, a married woman (herein "Seller"), of 500 North Osceola Avenue, #PH- E, Clearwater, FI. 33755-3933, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property, if any ("Personalty") (collectively "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: LAUREL LAKE SUBDIVISION, Lots 8, 9 and 10, according to the map or plat thereof as recorded in Plat Book 29, Page 19, Public Records of Pinellas County, Florida, aIkIa 600 and 610 South Duncan Avenue, Clearwater, Florida, together with all attached appliances, fixtures and appurtenants therein and thereon. 2. FULL PURCHASE PRICE .................................................................. $ 395.000.00 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing ......................................... $ 395.000.00 4. PURCHASE PRICE The Full Purchase Price as established herein has been reached through negotiations with the Seller by City staff. The subject properties were appraised by State Certified Residential Appraisers at Fornito and Associates on 11/15/2007 and valued in total at a $370,000. The properties were also appraised by State Certified Residential Appraiser David B. Carleton on 11/1912007 and valued in total at $444,000. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council. If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Seller within 15 days thereafter. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Seller shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's C:\Documents and Settings\Brian Andrus\Local Settings\Ternporary Internet Files\Content.lE5\ADFRZ8NK\ANDRUS_PURCHASE_- _600_&_610_S._DUNCAN_0208._doC[1l-doc Page 1 of 7 Item # 4 Attachment number 1 Page 2 of 7 intended use of the Property. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by Freedom Title Agency agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor of Buyer's choice, or elect to have Seller provided Boundary Surveys dated 8-27-2003 prepared by George A. Shimp II and Associates, Inc. (Job Numbers 970663 and 970666) updated at Buyer expense. If surveys show any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed at a mutually agreed time in the offices of Freedom Title Agency, 1465 South Ft. Harrison Avenue, Clearwater, Florida, the designated closing agent in Pinellas County, Florida, on or before June 2, 2008, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as may be applicable. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors C:\Documents and Settings\Briarr Andrus\Local Settings\Temporary Internet Files\Content.IE5\ADFRZ8NK\ANDRUS _PURCHASE_ - _ 600 _ &_ 610_ S._DUNCAN _ 0208._doc{1 ].doc of7 Page 2 Item # 4 Attachment number 1 Page 3 of 7 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORATIONS: CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that not later than day prior to closing there shall be no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is rented as of the Effective Date, Seller covenants and warrants with Buyer that said tenancy or tenancies shall be terminated and the residential structures shall be completely vacated and left in "broom clean" condition not later than the day prior to closing. Any of tenants personal property remaining in, on or about the property the day prior to closing shall be subject to removal at Seller expense, with sale proceeds not to exceed 2% of the purchase price being retained in closing agent's escrow account to defray the costs of removal if necessary. Any escrow funds held in excess of Buyer's actual costs to remove tenants personal property shall be refunded to Seller. Should the costs of removing tenants personal property exceed escrow funds held for that purpose, Seller agrees to reimburse Buyer within fifteen (15) days of receipt of Buyer invoice for the excess funds. 14. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 45 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other C:\Documents and Settings\Brian- Andrus\Local Settings\Temporary Internet Files\Content.IE5\ADFRZ8NK\ANDRUS_PURCHASE_-_600_&_610_ S._DUNCAN_0208._doc[1 ].doc Page 3 of7 Item # 4 Attachment number 1 Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 15. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final ''walk-through'' inspection of the Property to determine compliance with any Seller obligations under Paragraphs 13 and 14 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 16. SELLER HELD HARMLESS Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 14(b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 10% of the appraised valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 10% of the appraised valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with either 10% of any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. - 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the C:\Documents and Settings\Brian- Andrus\Local Settings\Temporary Internet Files\Content.IE5\ADFRZ8NK\ANDRUS_PURCHASE_-_600_&_61 O_S._DUNCAN_0208._doc[1].doc Page 4 of7 Item # 4 Attachment number 1 Page 5 of 7 defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuantto Section 627.7841, F.S. (1987), as amended. 19. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known. write "NONE". If no entry. it will be deemed that Seller has entered "NONE") Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND C:\Docurnents and Settings\Briarf Andrus\Local Settings\Ternporary Internet Files\Content.IE5\ADFRZ8NK\ANDRUS_PURCHASE_-_600_&_61 O_S._DUNCAN_0208._doc[1 ].doc Page 5 of7 Item # 4 Attachment number 1 Page 6 of 7 Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOnCE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY: PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. BROKER REPRESENTATION The parties acknowledge Seller is represented in this transaction by Stonebridge Real Estate Company, Inc. a Florida corporation, Licensed Real Estate Broker ("Broker"). At time of closing Broker shall receive a brokerage fee of Twenty Thousand and-no/100-Dollars ($20,000.00), said fee being included in and payable from the Full Purchase Price established in Paragraph 2 above. 26. ATTORNEY FEES: COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract- is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS: FACSIMILE COpy C:\Documents and Settings\Briarr Andrus\Local Settings\Temporary Internet Files\Content.IE5\ADFRZ8NK\ANDRUS_PURCHASE_-_600_&_61 O_S._DUNCAN_0208._doc[1 ].doc Page 6 of7 Item # 4 Attachment number 1 Page 7 of 7 This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this I - D lli:rJ W day of _~ . _ ~ ,2008 by Seller. ]~~ . Donna Andrus APPROVED & EFFECTIVE this day of ,2008 CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard Mayor By: William B. Horne II City Manager - Approved as to form: Attest: Cynthia E. Goudeau City Clerk Laura Lipowski Assistant City Attorney C:\Documents and Settings\Brian"Andrus\Local Settings\Temporary Internet Files\Content.1 E5\ADFRZ8NK\ANDRUS _PURCHASE_- _ 600 _ &_610_ S._DUNCAN_ 0208._ doc[1 ].doc Page 7 of7 Item # 4 I~I~ :\2 \2i 1\2 \21 \2:" I 60 \2 \2 1\2 \211~ ~ ~ ~ I \2 ~1581 L 1 ~ I I ~ 160 I I I 416 60 ~! @ '" I ~ 60 ~ ~ 60 ~ I ~ 60 g~ 60 ~ I ~ "~\2 I 14 507 1 I I 2 3 22 23 24 25 I I 1___ 509 2 0 I 5 I 4 i 21 51 511 510 r- __J_ 5 r 26 42 511 I I 51 515 27 513 7 6 I I 41 514 ----- 0 515 7 I I ~ (1) 517 S 518 1 40 520 - I I --- 519 5191/2 '-- 71)""""""""""""" 1 8 I- ~ 18 524 ~ 1iZL__~__ 39 524 551 - 525 3 553 525 ~ ~ 555 1 17 52 .:0 529 - 9 4 38 526 ~ ,. ~ ,. ~" 557 527 k-_ 559 1 4 3 561 - 10 16 53 531 31 37 530 520 gg~ ~ ~ 531 1 533 522 567 533 I I I 533 524 5~U f-- I I 534 535 I I 534 526 m SUBJECT 2 535 +- 113 I 15 32 I 33 134 i 36 531 528 3 I ~12 537 1 I 57 f-- I 1~ 1 ~ I ~ ~ 35~ i ~ 530 A 541 ~ 112 I~ 532 , I 535 14 L -J44 f-- I I~ 60 "'\ 545 60 , ~ I 2i '" :' i2 ~ 1 ~ I I~ ~ ~11 600 I 3t31 6 ~ l~ I 12 '~li i I~ G ~ ~ ~ ~ 8 1 4 L ~ I I 601 ~ ~ I I i 3 2 1 5 I 4 3 12 11 609 I 604 "JIll{" 606 33 32 31 I I 606 13 10 30 29 28 27 26 22 609 608 :~1 ~ 13 608 6 608 22 6 615 614 8 14 9 19 20 21 7 612 615 612 ::L ~J2 17 18 ':S4E ~- 21 22 23 21 7 614 621 620 7 20 (( ~ 619 616 15 8 I~ ~O ~- ~ 8 ''\:\ 8 616 20 ((~ \_\8 617 1 616 ~ 703 700 619 ~8 19 \~; \(/9 701 19 \~\: (/9 700 16 7 I lOt g 174 700 ~ 701 g 7 705 709 708 ill 7P2 ~ ~ If:: I: ~ 8 18 10 704 18 704 17 6 707 6 4 I ~7t4 10 713 5 709 TF 715 714 tt ::;: 7~6 16 15 14 13 12 10 17 11 710 17 719 4 3 L ~8 11 18 5 715 ~ J I 725 710 3 15 14 13 12 16 15 1 r ~2~ 3 MJ~ f* I 4 731 2 1 2 1 2 3 4 ~ ~ ~ 39492 5 6 7 712 60 719 IL =r- ~ ~ 737 1 ~ ~ ~ G ~ I~ \\ \ g ~ ~ ~n I~ n n~ ill I 91553 ~ g DRUID ~ -~ @ '" n Irl rl 8 I 28 60 800 I I 800 60 I I I 132 801 801 i~ 801 I I 1 1 1 12 I LeClend CITY OWNED PROPERTY Map Gen By: SF 8-T LOCATOR MAP Attachment number 3 Page 1 of 1 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and Confirm Change Order 5 to Gibbs & Register, Inc. of Winter Garden, FL. for the Cleveland Street Streetcape Project (03- 0093-ED), increasing the contract by $131,346.03 for a new contract total of $10,336,582.56, and approving a time extension of 112 days. (consent) SUMMARY: This contract was previously approved by the City Council April 20, 2006 for $11,275,561.88 and a deductive Change Order 1 was approved at this same meeting decreasing the contract amount by $2,325,456.09, for a new contract total of $8,950,105.79. Change Order 1 was part of the value engineering process to reduce costs. Change Order 2 in the amount of $726,594.74, was approved by the City Council July 19,2007 for a new contract total of $9,676,700.53. Change Order 2 was needed to cover costs associated with field conditions, overrun of existing bid items, and design changes. Administrative Change Order 3 in the amount of $528,536.00 was approved by the City Manager August 2, 2007 for a new contract total of $10,205,236.53. Change Order 3 included the addition of a new mast arm at the Drew and Osceola intersection and re- established the date palms that were deleted during the value engineering process. The palms were planted at the quantity and unit price from the original March 2006 bid. The new mast arm at Drew and Osceola will improve the overall intersection operation with a more reliable signal support structure and improve the survivability of the signal during major storm events. Administrative Change Order 4 with a net change of zero, was approved by the City Manager February 8, 2008. This Change Order reduced unused bid items, increased items due to overruns and added new items brought on by field conditions. This Change Order 5 transfers funds to cover installation of meter pads and sleeves and additional asphalt on Ft. Harrison, requested by Parking and shown on the plans, but missing from the bid sheet. The Change Order also includes Traffic bid items of a video detect signal in lieu of optical, a modification from the original plans. This Change Order also includes a transfer from DDB to the City for two directory signs that were removed during the value engineering process. Upon DDB approval to fund the directory signs, authorization was given to proceed with their fabrication based on the original bid but changing "Downtown Clearwater" to "Cleveland Street District." There was a $2,700 per sign cost increase because of the change in wording and increased material cost. This Change Order extends the contract to 03/31/08, an additional 112 days to complete the sidewalk in front of the Station Square Condominium construction site and to complete the new mast arm at the Drew/Osceola intersection as part of Administrative Change Order 3. The work adjacent to the Station Square Condominium site could not be completed until Biltmore, the contractor, removed the covered sidewalk. The original date was 12/11/07. Funding for this Change Order will be provided by first quarter amendments transferring $17 ,420 of parking revenue from project 315- 92630, Parking Lot Resurfacing and $15,350 from project 315-92636, Parking Lot Improvements to project 315-92269, Downtown Streetscape in order to pay for the parking items. Further amendments include the transfer of $49,176.03 from project 315-92558, Intersection Improvements, to project 315-92269, Downtown Streetscape, in order to fund the video detection system and signal heads. In addition, the Downtown Development Board has contributed $49,400 to cover the cost of the directory signs, and this contribution will also be recognized in the Downtown Streetscape project at first quarter. Type: Current Year Budget?: Other None Budget Adjustment: None Cover Memo Budget Adjustment Comments: See summary of agenda item. Item # 5 Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: Total Cost: to Bid Required?: Other Bid / Contract: No Change Order Bid Number: Bid Exceptions: None Review Approval: 1) Engineering 2) Financial Services 3) Public Services 4) Engineering 5) Financial Services 6) Office of Management and Budget 7) Legal 8) Clerk 9) Assistant City Manager 10) Clerk 11) City Manager 12) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 3 Change Order #5 - Cleveland Street Streetscape (03-0093-ED) ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL ICode"L'_O':l1"ni"li"lzn "Zi"lMn""" nl\l\nnnn Additions 298 Decorative sign - Directory Sign 2 EA $24,700.00 $49,400.00 301 Install Parking Meter pads & core 20 EA $150.00 $3,000.00 302 Install wedgelock parking meters 13 EA $950.00 $12,350.00 Total Additions to Code "L" $64,750.00 Increases 125 Asphaltic Cone. Friction Course (FC12.5) 44 TN $400.00 $17,420.00 Total Increases to Code "L" $17,420.00 Total Increase/Additions to Code "L" $82,170.00 ICode:"K"()~1'" nMcn"Zi"l"""" ",H""nn""n Additions 299 Video detect @ Myrtle intersection 1 LS $28,240.03 $28,240.03 303 Signal head, 3-sec 16 EA $1,062.00 $16,992.00 304 Signal head, 5-sec 2 EA $1,972.00 $3,944.00 Total Additions to Code "K" $49,176.03 Total Funds transfered $131,346.03 Item # 5 Attachment number 1 Page 2 of 3 CHANGE ORDER NO.5 DATE: Fel PROJECT: Cleveland Street Streetscape PROJECT Nm PO REFERENC CONTRACTOR: Gibbs & Register, Inc. 232 South Dillard Street Winter Garden, FL 34787-3592 DATE OF CUI' CODE: 0315-9: 0377-9: 0357-9: 0315-9: 0378-9: 0315-9: 0315-9: 0315-9: 0378-9: 0315-9: 0315-9: 0315-9: SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTR See attached sheets for deceases/increases and additional items. Approve a time extension of 1 STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ CO#l (CC Approved 04/20/06) CO#2 (CC Approved 07/19/07) Adm. CO#3 (CM Approved 08/02/07) Adm. CO#4 (CM Approved 02/08/08) CO#5 NEW CONTRACT AMOUNT $ ACCEPT 11,275,561.88 Gib bs & $726,594.74 $528,536.00 $0.00 $131,346.03 10,336,582.56 BY: Date: Frank Hibbard, Mayor Witnesse Camilo Soto, Assistant City Attorney ATTEST: Recomm Cynthia E. Goudeau, City Clerk Date: Gary A. ] Public Se CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Michael] City Eng William B. Horne, II City Manager Item # 5 Attachment number 1 Page 3 of 3 bruary 11, 2008 MBER: 03-0093- ED 2E NO.: ST 102232-2 \J"TRACT: 05/02106 2269-563700-541-000-0000 (A) 2269-563700-539-000-0000 (B) 2269-563700-539-000-0000 (C) 2269-563700-539-000-0000 (D) 2269-563800-533-000-0000 (E) 2269-563800-535-000-0000 (F) 2558-563700-541-000-0000 (G) 2269-563800-535-000-0000 (H) ~269-563800-533-000-0000 (I) ~269-563700-539-000-0000 (T) ~269-563700-541-000-0000 (K) ~269-563500-545-000-0000 (L) tACT LED BY: Register, Inc. (Seal) Rex Huffman, President ~s: tended By: City of Clearwater rohnson, CGC ~rvices Director D. Quillen, P.E. ineer Item # 5 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hotel Density Increases (Work Session Only) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 5 (j To: Bill Home, City Manager From: Gina L. Clayton, Assistant Planning Director Date: February 28, 2008 RE: Hotel Density Increases At the March 20, 2008 City Council meeting, the Planning Department will present ordinances to implement increases in hotel density as allowed by the Rules Concerning the Administration of the Countywide Future Land Use Plan. That agenda item will include amendments to the Comprehensive Plan, Beach by Design and the Community Development Code. The Department would like the opportunity to discuss with the Council how to implement the density increases prior to the worksession on March 17,2008. Due to the importance of this issue and because the amendments to Beach by Design include a hotel density reserve concept instead of a specific unit per acre standard, the Department would like to present the proposals at the Council worksession on March 3,2008. The following summaries should facilitate that discussion. Amendments to the Comprehensive Plan The Department has drafted amendments to the Clearwater Comprehensive Plan that sets forth the policy framework for the hotel density increases. The ordinance creates a new objective that specifies the importance of tourism to Clearwater's economy and the need to maintain and enhance this important economic sector. Three policies have been prepared to implement the objective. One supports the development of new hotels, another supports the adoption of higher density standards for hotels in order to ensure a sufficient supply of tourist accommodations, and the third supports the City's continued commitment to the Chambers of Commerce and the Tourist Development Council in promoting Clearwater as a tourist destination. The ordinance also amends the Future Land Use Table to add the new maximum allowable densities and intensities for overnight accommodations as adopted by the Pinellas Planning Council (PPC). The City's current hotel densities will be maintained so that a property owner has the option to develop at existing densities and not be subject to the new PPC requirements. In each affected future land use plan classification, the amendment references the existing Item # 6 Attachment number 1 Page 2 of 5 allowable density as the "base" density and the new higher density as the "alternative" density. The amendments are summarized as follows: Resort Facilities High (unless governed by Beach by Design) (approximately 63 acres): Base density - 50 units per acre; FAR 1.21; ISR 0.95 Alternative density - 75 units per acre; FAR 2.0; ISR 0.95 for parcels less than 1 acre 100 unit per acre; FAR 3.0; ISR 0.95 for parcels 1 to 3 acres 125 units per acre; FAR 4.0; ISR 0.95 for parcels over 3 acres Residential/Office/Retail (approximately 13 acres): Base density - 30 units per acre; FAR 0.40; ISR 0.85 Alternative density - 45 units per acre; FAR 1.0; ISR 0.85 Commercial Limited (approximately 83 acres): Base density - 30 units per acre; FAR 0.45; ISR 0.85 Alternative density - 45 units per acre; FAR 1.0; ISR 0.85 Commercial General (approximately 1,424 acre): Base density - 40 units per acre; FAR 0.55; ISR 0.90 Alternative density - 60 units per acre; FAR 1.2; ISR 0.90 Industrial Limited (approximately 313 acres): (amendment actually establishes ability to have hotels in this land use category) Base density - 40 units per acre; FAR 0.55; ISR 0.90 Alternative density - 60 units per acre; FAR 1.2; ISR 0.90 Amendments to Beach bv Desism In order to implement hotel densities on Clearwater Beach to achieve economic parity with condominium development, the economic analysis prepared by the PPC indicated a need of 150 - 210 units per acres. When the issues were discussed in August 2007, the Planning Department indicated that it would need to analyze whether or not densities of this magnitude could be implemented and maintain the City's adopted Levels of Service (LOS) for water, sewer and transportation. Based on a water and sewer analysis conducted by the Engineering Department, the City has adequate capacity for water and sewer service for increased hotel densities. Development will have to be monitored and upgrades to the distribution systems for water and sewer may be necessary in a couple of locations. The Department hired DKS Associates to conduct a traffic study to determine what density could be achieved within the established LOS standards for the street network. The study included Clearwater Beach and Sand Key since the road networks are inextricably linked and because several properties on Sand Key have future land use plan designations (Resort Facilities High and 2 Item # 6 Attachment number 1 Page 3 of 5 Commercial General) that allow "alternative" higher hotel densities. The study analyzed the beach road network and the following intersections: . Court Street at Fort Harrison Avenue; . Chestnut Street at Fort Harrison Avenue; . Clearwater Beach Roundabout; . Mandalay Avenue at Baymont Street; . Gulf Boulevard at Gulfview Boulevard; and . Gulf Boulevard at the Bellair Causeway. Based on assumptions that included recognition of the existing land use patterns, approved development orders and the potential redevelopment of approximately 33 acres, DKS modeled the densities needed to achieve economic parity. Implementation of these densities would result in a degradation of the City's adopted LOS for transportation. After looking at various options, DKS concluded that a total of 1,385 hotel rooms could be accommodated on Clearwater Beach and maintain the City's adopted LOS for transportation provided some relatively minor mitigation measures are implemented at the intersections of Fort Harrison Avenue and Chestnut/Court Street. (It should be noted this number was reached assuming additional hotels rooms being added on Sand Key.) The Planning Department requested that DKS translate this number of units (1,385) into a density per acre standard that could be applied to Clearwater Beach. The study concluded that the appropriate density would be 90 units per acre. When City Council started exploring the idea of higher densities on the beach, economic parity (150 - 210 units per acre) was a critical concern. Council also desired to facilitate the construction of mid-priced hotels that could replace the loss of the more affordable mom and pop hotels. Increasing hotel density to 90 units per acre for all properties within the area governed by Beach by Design would provide a substantial increase upon existing density (50 units per acre). However, this would only result in an increase that equates to 3 hotel rooms for every condominium unit and does not achieve the desired economic parity. Additionally Clearwater Beach is characterized by many small properties that could never accommodate such density increases on their site. The Planning Department believes the Council's goal of attracting mid- priced hotels to Clearwater Beach could best be achieved by maintaining the base density of 50 units per acre and place into a reserve those additional hotel rooms that could result from a density of 90 units per acre. To that end, the Planning Department is recommending the establishment of a Hotel Density Reserve of 1,385 units that would be allocated by the City Council through a development agreement. The following criteria would be used in determining whether or not to allocate units from the Reserve: . Properties that acquired density from the Destination Resort Density Pool are not eligible for rooms from the Reserve; 3 Item # 6 Attachment number 1 Page 4 of 5 . Properties that have had density transferred off to another property through an approved Transfer of Development Rights application by the Community Development Board after December 31,2007 shall not be eligible for units from the Hotel Density Reserve; . A minimum lot size of 0.75 acres (32,670 square feet) is required; . No more than 100 hotel rooms can be allocated from the Reserve to a particular project and in no case shall the project exceed a density of 175 units per acre; . Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require compliance with the base Resort Facilities High FAR requirements; . Maximum height restrictions of the various character districts shall apply to any hotel using the Reserve (Old Florida - 75 feet; Marina District - up to 100 feet depending on size of property; all other districts - 100 feet). Reserve proj ects that use transfer of development rights (TDR) may exceed those maximums only if the specific number of TDR units exceed the height limits and all other TDR criteria are met; . A transportation analysis using the Metropolitan Planning Organization's (MPO) countywide approach for concurrency management shall be required; . Access to hotel units must be provided through a lobby and internal corridors; . A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area; . No hotel unit allocated from the Reserve shall be allowed to convert to a residential use; . A legally enforceable mandatory evacuation/closure covenant must be provide which requires the hotel to close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; and . Hotel rooms obtained from the Reserve and not constructed shall be returned to the Reserve. Amendments to Community Development Code: The amendments to the Community Development Code adopt the alternative densities and intensities established for overnight accommodations in the Commercial, Tourist and Industrial, Research and Technology zoning districts. Amendments include revising the maximum development potential tables in each of the applicable zoning districts to recognize the existing densities as the "base" densities and adding the higher "alternative" densities/intensities set forth in the proposed Comprehensive Plan amendments. Minor amendments are being proposed to the existing flexibility criteria for hotels in the Commercial and Tourist Districts and two new criteria are being added. One specifies that if the base density is exceeded, a development 4 Item # 6 Attachment number 1 Page 5 of 5 agreement is required to accompany the site plan application and that the agreement must comply with the recently adopted PPC requirements. The other requires that any hotel located in the Coastal Storm Area (expanded Coastal High Hazard Area) submit an evacuation plan that requires the hotel to close when a hurricane watch is posted. The proposed ordinance also includes several amendments unrelated to the hotel density increases, one of which is very important as it brings consistency between the Comprehensive Plan and Community Development Code. Specifically the Resort Facilities High future land use plan map designation is being recognized as consistent with the High Density Residential and Commercial zoning districts. 5 Item # 6 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Appoint two members to the Municipal Code Enforcement Board with one term expiring on October 31, 2008 and another term expiring on February 28, 2011. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Douglas Williams MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Kelly Sutton Wehner - 1711 Ashton Abbey Rd., 33755 - Engineering Consultant Original Appointment 02/17/05 Interest in Reappointment: No (1st term expires 02/28/08) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Paul Ellis - 19029 US Hwy. 19 N., 9-702, 33764 - Interior Design 2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Business Adm. & Mgt. Cover Memo 3. William J. McCann - 1563 Turner St., 33756 - Professional Engineer Item # 7 4. Louise C. Riley - 1620 Drew St., 33755 - Financial Planner (Retired) Zip codes of current members: 2 at 33755 1 at 33756 1 at 33761 1 at 33764 1 at 33767 Current Categories: 1 Banker (Retired) 1 Business Manager (Retired) 1 Realtor/lnvestor 1 Computer Systems Analyst (Retired) 1 Real Estate AcquisitionlDevelopment Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 FES 21 2[m~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: <) .-I:tU L i::: L- L- l .-, ,) Employer: Other Work Experience: CI ; j-:: b /2... /J..A-FE'3 '*' ~ /)1/7/ tv /J IX/.{lr 1/ e:- ~5 c/< V!' E ~' If retired, former occupation: :;z; '7cf?,O/\ j)G.5/W _tJu/JlRu(fofZ /::zJR- /1 I-l (- E <.;' .:4f Community Activities: DESIGN C&~tt(1;\, \ Ti\:::"E .' SEA-- U.J/}LL- convV] / tTEe I tIt' V'~E-~\ i)t-. 'T dV = U - A fC )( G9ii,1 DG-fL1oc'!) TIc...... d7t,~f,~le~{s? .r "(We) ~ l-: A (2. C; .AS~ C A f' r co tYl. ~ K C/+IU./Vf ;0.~C:- Home Address: FiOJ C; i)'~ fiG,! /9 IV 9 - ?C?L ('tEARu/1t TE/.Z FL Zip"; 3 '7ri.-, L(.' Telephone: \7 2.'7 ~5 J c: '-f 5" 'is '; How long a resident of Clearwater? ,3 V RS Occupation: Field of Education: -J)) t- (1 rl,l q J6 R DE:S tG-iJ <;; Pt\CE Office Address: Zip Telephone: ..2 /)r) c.S' . i 10 .i- !vTER I,) i~ r:>W~,NAJiN6- I) ESf6-;V Board Service (current and past): -.. Board Preference: t /)( C E /J Fc' pC5/r; c;:-/(/ r g {),4/:) D ~ ~-b t:: A U r ( 1=-( e/17/ c; AI' C~} /V'\ i/1/{ lIrE {;. Additional Comments: A4F ET '=- AR/P1 ~l A/IPFt1R;;~: /,1/ tFtifOpu ErC/:.j4/UGC- __f'iE~t-4/C6- Signed: ---, / /.-;7. 0.)... .. . ~ . /' ( / /-t/VL/ //~~., '--.....' Date: ij / , t?if () ')-- See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Item # 7 Attachment number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~',~ ,Q/J l> (- (jtie<; hea. r $' !, t''';; Ir:- c/ /2..2.-z;( ;.r 6/1 f fl-~' l"; (' ~ .h~#'f (;//7 J It, , J// .9:/ aLt: UIJ/'( ....J./ ~(t / /" /'e" VJ fp ~- I , ~ I/re. bel" /d/J.] 1 ~7 (7 In " I-? '1 / I (J y,~ ~ I~> hA C "{" i/} fo I'C.~ 5" /. ;- 1-0/ I L I J-;o:;r; It & ..;tC /klj7 S /?~ Q v hI, (} !/t'hl/ / /.>)- tie' "d r".'" >7 7' tIC >1/1 t' 8:.<''''''/7''''( ("ferf-/;z e r", e-,/ /7 /,P'/ C"C T.> ~ ' 2. Have'You ever observed a board meeting either in person or on C-View, the City's TV station? . I T",' c__ one! j~/ve J Cot/d. f:f. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J have C~/O/.7 rltne.t-zT tI Jt~ I-V e A O'j/) I':#I--W hkyeJ r. 6 t9a/'ds- v,/lf4.. 4. Why do you want to serve on this Board? J bc/ at/I d j/ /1e: 1-iJ: t' ()1)-? lJ'16c//c' -Il1t -.Je-tn C' ~-1' / [i I(l-<=:' II ~1d e /6 /1,{f ....j (:) ;' N jj(D / ve c;[ W II-A. CO "M f2,z U;VI I . fi-/ ./ lut:- .--.- .-L. I)e to h /'C 11 aleec /pt 1- , r t.l i/e Name: ~()-~ I . / Board Name: Efl/~Ft:c-I1/I"-'l?f /?6a/"?-i-. -)~., ~. --' tf::L. c../ I/.j/ CaT.,. C't>l t:lt is; '7- {6)-//1 H~ / ~/~ e Item # 7 Attachment number 2 Page 1 of 1 ''r"C r IV'- D ~~: I: i: ,J.~N 03 2005 ii'\L AND SRVCS DEPT CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: 130b J U/JA- Home Address: -; J <f .- g"u U b /Y-I1~O I I S[Itj..IO ES,7I1FEJ CL--[;+jZWfT(fr 82/k-~ {tZiP '3~?G? Telephone: 7~ 7- Vy/- ~ S-~ 'I How long a resident of Clearwater? 3 ~I1-P,) , Occupation: 0/1'+/1(;'1#1'-' f- rpKE~/P<e.vr ~ Employer: -1/16 /.. UI./4 eJ12Gftt01 s/l-TIOA '" Field of Education: \..,,''',,- .....,..~ Other Work Experience: 13w S AIY1 d/M,If N& '.~ J u /./;1 I/OR16il (" i' rf J--o "',.. <t! (J/? <fJ ).UJv',A ~G"1k CS1fl7E j(/EWE--I'-I (2 CJ ~ )U~A lJ.ip~?r- ~fZSlivrlU ac If retired, former occupation: .J... VIJA /-112 T CP/!-/IF/2 ic7 J (u. Community Activities: -(JI!J1t<fI3Er OF&(JtI.fM&/7f--(~t.. ~t4(lM:J-rFr) I1MJ3A'S.{ /tlJOIl. , ~ / 9/flll,UEfJ..) 1)/n=12"1YT1~Ii-'fi-L ) S!lr2//.-If;/7J //7~/1tt( ;R;IZCA-/(.fJylJ'!- 7AMfA Other Interests: frE~f-I}-(.r;:-'fffi) )v; /r<;.o,uS Board Service (current and past): Board Preference: GUloe f)cJ6- ;=OUI'-'DIt7/0{,l...- FOR 7t1c: &/A-~ (2;tJ1jwuu/j(.:;ty 7)-VtJ.~~ &~-tt..(.0.. Sin I 1 rl 16tvr- ke;. , ~ !lSSG-H!>( t /Jllfr,-...;. tJ~1--4BOL/ I -li-W/SO/l'/ BM{l~ ;{) . Pdt. tlfE ;{/Gw ,/O!2K STinE As.s.f3~U1 f7Yl-t.[&?(...L~~v-- If ,. Additional Comments: ~..eC?L-t..€ ~ ce.d~,-<' ct ../l.e./~-G~?1<fl Office Address: 9/fM~ Zip Telephone: S/9~ t: &'Z' /~~.t5 ~j~j f-/\C~.B Item # 7 ;727 562 40Fl6 P C)/C) Attachme"n'rmTmber 2 Page 1#of 12/ :>. APR-04-2005 17:37 From: I " 2 - 1 3 - 0 8 ; 1 1 : 40 AM ; Of fie I a IRe cor d s To:727 562 4086 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? }_~ .A:>(~h A _~ ~ ~~i>-- ~~ ~ flu -I~ 4l'~~ ~ ~ 1u~ ~~ ~-tL#6) ~e--lL~ tj ~ ec/~ .2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~s - 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J- AJ/?/WU/ ~ /0 ~ ~ ~ ~ 1- ~~ r~ ~/4?j~~~--t~~ a . t/ " ~ 4k1t #-~cftN/ ~ ~~ 1n;~~~~~~ 4. Why do you want to serve on this Board? ~~:::~9 ~~ j-~ - .~ ~ ~~~ ~ ~~/~~~~ ~~~ /f/j .qo .~ ~ ~ dJ oe~~ Name:. cI3 ~ Board Name: 9Ju-t~ &4 ~ 0t'P--LtI , Item # 7 02/07/2005 09:52 7274413040 MCCANN ENGINEER Atta~t mlt~)er 3 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED (must be ClealWater resident) FEB 0 7 2005 Name: William J. McCann. P.E. Home Address: Office Address: Or:r:ICIAL RCCO~f)S AN LEGISLATIVE SRVCS DEP~ ' 1563 Turner Street 1627 So. Myrtle Avenue Clearwater. FL Zip 33756 Clearwater, FL Zip 33756 Telephone: 727-443-7660 Telephone: 727-643-7660 How long a resident of Clearwater? 12 Years - Since October 1993 Occupation: Professional EnQineer Employer: McCann Engineering Field of Education: Other Work Experience: B.E. in Civil Enaineering City Planner. Structural Engineer. Masters in City & Reaional Plannina Civil EnQineer. Plans Examiner If retired ,former occupation: Community Activities: Other; Interests: Board Service (current and past): Desian Review Board Board Preference: Municipal Code Enforcement Board Community Development Board Additional Comments: Signed~L-- Date: ~/7/0~ See attached list for boards that require financial disclosure at time of appointment Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 7 02/07/2005 09:52 7274413040 MCCANN ENGINEER Attach~~n~ nu~~er 3 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -r;, CkA-lO<K:7 II e;'fl2/,v':' ~"t.J ,e'")Jr;e eo 6/11 eJ 7 tf) r Fle~. CJCGL.'PAr/o.J/fl l/Cl!:A.JS~ _ 13v/~o/A.JCI " ." - 7pAJW6. ~5'/~.N.s A-~t:J /2~Z4-r~O ./ tl-rry CpOe:-f 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? YG'5 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Soard? :r AM A b~e-/Js''''-r.J Mr~S'DA/k'-, bJt:/.v~ Alf/O W~~KI50 As A ?L/JilS E;t4/Vl'M ~ rPJe.. 5" Y/!!'Af(l, . -:r 'KAJPw 11+6 'BVlLt:JI,J~ ~ 01;<5 , Apt) /'rtl1' '3 A"J/ AJ.~ U 0 irS. ]:. V S € rll ~ 100)1-0)11' erJD~ ev~Y -:PA 'f 4. Why do you want to serve on this Board? "J' W AJ,)'" )b 12'0 So fV1 t5 FiJI( rHG /2rry p ~ ,. '"f7.-l~ CPO~. ;5 () :r ~1J/).J/ejJG- "-10 flap ~LU)c.)7~ W[)R.k. k'A.}/)w MA-If./ ~ OF , C A tJ A/JfJL 'f jV1 '1 /#E? Crr'j' Name: WII(/~IVI J. j1I1 ~C~,J~ P E. Board Name: M'" .vIe} .... L ~ 0 b G,v Fo tee E'M';-N:r BOA,eo Item # 7 Attachment number 4 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident)l'"' $:' ';""" ;:;.."" Name: L D tJ, ~L5 ~. R f LeY Home Address: / to ~ 0 0 RfiuJ sf C ~,;-ItF2- I.U 11- TEfL Zip ~"315'5 Telephone: '1;)" i -- 'fi.I& .- ?/1' Cell Phone: -"",:'" -, ~~,,; , $ Office Address: Zip Telephone: E-mail Address: How long a resident of Clearwater? Occu pation: R L= 1/ R- .;3j) Field of Education: ~ IJ L~S J N 5uelf-t./t'tE F I fl.) ~ItJ {\I AL P A I4--AlIt/I/le If retired, former occupation: r I nJ A Ai C!. I J?L fJ t- f} IIJ III f;f.,.. . Community Activities: (l D PIE" {,.= A/ ~ ORMF,v r Ad A/?.O. (JAA//< tuOM/JAI , .~ ;2 -/ E AI2~ Employer: Other Work Experience: Other Interests: 6u J /.. D~/2.. Op Board Service (current and past): (} 0 DIE ~ AI F c;)/#fi;':1I/ r sc;- 7 s .- F (;. 4AJ(!/s W ILS()1lI ~A;rffiJr/SG~ .f" Board Preference: ('oLle IE I\J Po /2(lc A1 1::7/1 Additional Comments: Signed: ~<{.A~ {'. ,fJ~ Date: /0/-10/ See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 7 " Attachment number 4 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 'SC:=LF T/-I/I r (OD[)C s AI<e- 12 /lIrdlZCc:P 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? YF5 , 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? f /Is r J: X PEtf2. /LFIf/C!.(? '.J; 4. Why do you want to serve on this Board? 10 "'5el2-v6" T/ic {'ITY Or [Oh~AI2U/4-TGq, Name: l-olJ1SG 0. !?I LSY Board Name: Cd /)13 C.F N'F'CI/<fle /J'/&FA/'r Item # 7 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Adopt Ordinance No. 7912-08 on second reading, vacating the five-foot utility easement lying adjacent to the northerly property lines of Lots 1 and 4, Block 41A, Mandalay Subdivision. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7912-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT UTILITY EASEMENT LYING ADJACENT TO THE NORTHERLY PROPERTY LINES OF LOTS 1 AND 4, BLOCK 41A, MANDALAY SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Aaron Greenberg, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 5-foot utility easement lying adjacent to the north property lines of Lots 1 and 4, Block 41A, Mandalay Subdivision, according to the map or plat thereof as recorded in Plat Book 14, Page 32, Public Records of Pinellas County, Florida. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7912-08 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Blackwood Proposal re: Progress Energy Property at Clearwater Beach Recreation Center SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 .. .. .. ,. . .. III . .. .. iIiiiIao ~ .. .. . . . . . .. . . . . .. .. . . -, ,-' , . . .. . , '. - .- _.--; .'...., ,r' .- . .; .' . .- . Attachment number 1 Page 1 of 16 November 17, 2007 Progress Energy Corporation City of Clearwater * Ladies and Gentlemen: Bay Esplanade.com LLC is pleased to provide a proposal for a trade of land and miscellaneous rights with the City of Clearwater and Progress Energy. This proposal will provide a number of advantages and benefits to the parties involved: . Benefits to Progress Energy · Obtain at least 20 acres of environmentally sensitive wetlands for mitigation use, currently valued at apptoximately 4OK-50K per acre. ' · Eliminate holding and operating costs associated with upland property, including approximately $35,000 per year in property taxes (based on 2007 taxes, undoubtedly the tax burden will increase in the future). · Maintain complete and unen<;um.bered access to underground utility service tlu:ough a permanent easement. · Contribute to the improved waterfront access and green-space restoration to Pinellas County waterfront; and potential access to any State-provided incentives for such improvement. Benefits to the CiJ;y of Clearwater · Obtain conveyance of submerged land off the City boat ramp and Recreation Center. · Save approximately $600,000 through BayEsplanade.com., LLC paying to repair the boat ramp and adjacent seawalls. · Obtain lease of upland area for parking. the city will have the ability to charge boat trailers comparable rates ($10 per day for 8 parking spaces) to Seminole Boat ramp parking privilege. · Achieve clean up of the visually blighted area of the Bay Esplanade waterfront. Tenus and conditions of the proposal are attached to this letter. Please let me know if you have any questions, and I will look forward to hearing from you soon. Sincerely, W:t.lliam Blackwood Enclosure Item # 10 ... 11II .. .. ,. .. .. .. .. .. .. lilt . . . .. . .. .. . . . . . .. lie .. . .. . . . . .. . . . . .. .- .. . .. Attachment number 1 Page 2 of 16 TERMS AND CONDITIONS SUBMERGED LAND TRADE AGREEMENT Bay Esplanade.com, ILC ("Bay Esplanade") proposes to make a 3-way trade of land and miscellaneous rights with the City of Clearwater ("City"), and Progress Energy Florida, Inc. (''Progress Energy"). Tenns and Conditions of this proposal are as follows: 1. Upland~ The two parcels ofland (lot #, parcel #) as described in Attachment A. 2. Outer Submerged Land: 20 acres of submerged land lying east of uplands, excluding' previously-conveyed parcels and cross-h~tched areas, shown. in the region, generally depicted in Attachment B. 3. Perimeter Submerged Land: Submerged land as described in Attachment B. 4. Parking Area: That portion of the upland as. indicated in Attachment c.- 5. Trade: a. In exchange for conveyance of Upland to Bay Esplanade, Bay Esplanade will convey the 20 acres of Outer Submerged Land to Progress Energy. b. Bay Esplanade will convey the Perimeter" Submerged Land to the City for $1 in consideration. c. The City will tenninate its lease of the Upland with Progress Energy. d. In exchange for conveyance of Outer Submerged Land to Progress Energy, Progress Energy will convey the Upland to Bay Esplanade. e. Bay Esplanade will lease the Parking Area to the City for $l/year for 3 years. 6. Easement: Bay Esplanade will convey a permanent easement to Progress Energy, to access any electrical power systems that lie withID the upland and submerged lands. 7. Intended Use: Bay Esplanade intends to use the former Progress Energy Upland to operate a small marina, generally shown in Attachment D. Bay Esplanade and the City will agree to restrictions (if any) regarding future use 'and transfer. Current use of land is shown in Attachment E. 8. Boat Ramp: Bay Esplanade will pay for the repair of the City boat ramp, employing Seaway Marine Inc., who ~as successfully built concrete boat tamps throughoutPinellas County, including a new ramp in Safety Harbor. Further, Bay Esplanade will also pay Seaway Marine to rebuild and recap approximately 350' of new seawall that includes the boat ramp, extending and including the southerly City seawall that faces the Belle Harbor condominium. Bay Esplanade Item # 10 .. .. .. .. . .. . .. .. ,. .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. .--' .- .. .. .. ,. .. .. . .. .. .. lila ~ .. .. .. .. .. Attachment number 1 Page 3 of 16 will hold no ownership interest in, or liability for, the new boat ramp or the new seawall. 9. Documentation: Documentation shall be prepared by Bay Esplanade. All documentation shall be in form and substance satisfactory to Progress Energy, the City and Bay Esplanade. 10. Conditions Precedent: The proposal is subject to: a. Complete due diligence review by Bay Esplanade, including environmental review of the Upland. b. Satisfactory title and survey review. c. Satisfactory financing. d. Completion of mutually satisfactory documentation. e. Bay Esplanade's receipt of applicable permits and approvals for construction of its Intended Use (described below). f. ,Executed GMAX contract with Seaway Marine IDC for repairs to City' boat ramp. 11. Confidentiality: Progress Energy and the City agree not to disclose any of the terms of this proposal to any 1:hird party without consent of Bay Esplanade. Similarly, Bay Esplanade agrees not to disclose any confidential information obtained from the City or Progress Energy to any third party. 12. Transaction Expenses: Transaction expenses, including any applicable taxes and documentation stamps, etc., shall be paid by the City. 13. Validity This proposal will expire at the close of business on April 30th, 2008 unless extended by mutual agreement. 14. Law: Documents shall be governed by Florida law. If the foregoing is acceptable, please confirm your acceptance of and agreement to the terms and conditions set forth above by executing a counterpart of this proposal in the space provided below, and re~g the signed copy to Bay Esplanade as soon as possible. Presented By BayEsplanade.com, ILC Accepted and Agreed to this _ day of _ 2007 City of Clearwater William Blackwood Sole Member By; Title: Item # 10 lilt II . . . . . . . . .. .. . .. .. . . . . .. . .. . . .. .. . . ,. . . . . . . .. .. .. . . .. . .. Attachment number 1 Page-4 of 16 Accepted and Agreed to this _ day of _ 2007 Progress Energy, Inc. By: Title: Item # 10 . . . . . . . . . . . . . . . . . . . . . . . . . . I- . .. . . . . .. .. . .- . . .- ,. . .. Attachment A Pinellas County Property Appraiser parcel numbers: OS/29/15/54756/087/0050 and OS/29/15/54756/087/0000 & (See hardcopy pages) Attachment number 1 Page 5 of 16 . Item # 10 . . . . . . . . . . .' -~ . . . . . . . . . .- . . .- . .. . .- . .- .- I- .. :.!iiA, "" .., .. .- .- ~,e',. ~Jl ,. ~,.',I -/ fI':I ~,'""",,, ~} "'1 rIIi! ;:, Attachment number 1 Page 6 of 16 05 / 29 / 15 / 54756 / 087 / 0050 II-Noy-Z007 Jim SMith, CFA Pinellas County Property Appraiser 12: 21: 52 Owner~hip Information Uacant Property Use and 5a1es FLORIDA POWER CORP OBK: 01492 OPG: 1Z13 C/O TAX DEPT CXZ6 PO BOX 14042 5T PETERSBUR6 FL 33733-4042 , EVAC: A EUAC COl'lParable sales value as Prop Addr: 0 of Jan 1. 2007, based on Census Tract: 260. 02 sales from 2005 - 2006: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac!IMp Plat InforMation 0 11~954 L4921 2:13 1~500 (U) U 1929: Book 028 Pgs 048- 0 10 01 0 0 ( ) 0810: Book Pgs - 0 /0 01 0 0 ( ) 0080: Book Pgs - 0 /0 01 0 0 ( ) 2007 Value EXEMPTIONS , Just/Market: 670~ 100 Homestead: NO Ownership % .080 Govt Exem: NO Use %: .000 Assessed/Cap: 670~ 101 Institutional ExeM: NO Tax ExeMpt %: .000 Historic Exem: I Taxable: 670~ 108 Agricultural: I 2007 Tax Information District: CW Seawall: Frontage: C1eaMllater View: 07 Tax: 13~359.85 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage; 19. 9311 1) 80 x 118 100.10 8~ 171. 66 S 07 Spec Asmt: .10 2) 0 x 0 .80 .01 3) 8 x 0 .10 .01 Without the Save-Our-HoMes 4) 8 x I . II .10 cap, 2007 taxes will be : 5) 8 x 0 .00 .10 13~359.85 6) 0 x 0 .00 .10 without any exel'lPtions, 2007 taxes will be : 13~359.85 Short Legal HANDA LAY UNIT NO. 5 REPLAT BLK 87 ~ LOT 5 AND THAT Description PART OF LOT 4 BLK 81 LYIN6 N OF N LINE OF CLW Building Information Item # 10 .. . . . . .. . . . . . . . . . . . . . . . . . . . . .. Ie . . .. . . . . . .. .- .. . . . .. Attachment number 1 Page 7 of 16 1 III 12 ( 0 0 ~ I) 0 13 -- - 1IJ Cfl 7 14 0 (fI 6 0 5 U1 U! 0-0 r m ~ D Z ~ r;S1"1 l ~1A l\O en 0 WAT 16 \ \\0 : ~ - 17 0r0J~87~ 408.8 \ 47\.4 3 475 \10 2 ) \\0 --7 370 (J1 ~ 0 < ~ 2 ~ ~ - 3 l I r', ~ .J 4 7 18 r;J to - lP 2 {'oJ 110 -.I 5 CO o +401 110 19 ESPLANADE) 80S($) /"r] ., -'-~--------""":.: c (S) ---...,~ \ , --I i\) II f..>1 C), ~. '......',', if') c.... \ ...... \.f\ ~/ I \ , \ \..__ I --. ~--,------I .~.<-;.,..,.-------.,>~- I I 'I, \. I 'I PineUas County Property Appraiser Parcel Information Item # 10 .. . . . .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. Ie . .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. . II . .. . Attachment number 1 Page 8 of 16 05 / 29 I 15 / 54756 / 087 / 0000 Z6-0ct-ZOO1 Jil'l Sl'Iith, CFA Pine lIas County Property Appraiser 15:31:33 Ownership In forrrrat ion Uacant Property Use and Sal.es FLORIDA POWER CORP OBK: 01492 OP6.: 0211 C/O TAX DEPT CX2G PO BOX 14142 ST PETERSBURG FL 33133-4042 , EVAC: A EUAC COl'IParable sales value as Prop Addr: 0 of .Jan 1, 2007, based on Census Trac t : 260.02 sales frol'l 2005 - 2006: 0 Sale Date OR Book/Page Price (Qual!UnQ) Vac/II'IP Plat Inforrrration 8 11 .. 954 1..4921 211 2.. 810 (U) U 192:9: Book 020 Pgs 048- 0 10 01 0 8 ( ) 0080: Book Pgs - o 10 81 0 0 ( ) OOOt: Book Pgs - 0 10 81 8 I ( ) 2007 Value EXEMPTIONS .Just/Market: IIOIZ..100 HOl'lestead: NO Ownership X .800 60vt Exel'l : NO Use X: .000 Assessed/Cap: 1.. 8921 188 Institutional Exel'l: NO Tax Exel'lPt X: .801 Historic Exel'l : 0 Taxable: 11192.. 100 Agricultural: 8 2007 Tax In forl'lat ion Oistrict: ClI' Seawall: Frontage: Cl.earuater View: 06 Tax: 19.. 120. 36 Land Size Unit Land Land Land 07 Prop Tax: 21.. 185.27 Fron t x Depth Price Units Meth 07 Millage: II. 9311 1) no x 110 100. 00 131325. 51 S 07 Spec ASl'lt: .00 2) 8 x 0 .80 .10 3) 0 x 0 .00 .01 Without the Save-Our-Hol'Ies 4) 0 x 0 .01 .00 cap, 2007 taxes will be : 5) 0 x I .00 .00 21.. 185. 27 6) 0 x 0 .00 .08 Without any exel'lPtions, 2007 taxes will be : 211185. 21 Short Legal HANDA LAY UNIT NO. 5 REPLAT BLK 87.. N no FT Of Description UNPLATTED BLK 81 AS DESC IN PL 20 PG 21 Building Information Item # 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . . . . . . . . . . . . . (p 114(5) . CD 93 ...YS..... ()) tfI ' S 10 .bo u; II -' \\0 ....,.. nO ., ~ 8 12 -< 0 " ()l 8 ~ 0 13 U1 (J) 7 14 0 (j) 6 0 5 (j) ~ 0 < ; ~ 0 ~ ~ 3 LJ 7 ~ 2 IiO t"1 \Q r I ~ ~ .P1 1 .....TA nO \JJ 0 WAy 16 : ~ L 1\0 17 0 \0 J 0 8f' 0 18 (;j -{ 5 G'} o 40> 110 19 10 ESPLANADE) 905($) ~?"-lr ~-~--~<~ l..Jts'J ~~-----~," -..---........."".. -~\ \. ""'-----~~....~~---~;- 478.~ \ 'I II~\ I {d. r-J I ~- -.. \ l,J l,..... r->. (J.!. lr'\ ,~-... t ~ 1 II 1 \ 'I I Pinellas County Property Appraiser Parcel Information Attachment number 1 Page 9 of 16 (Jl 0-:\ -3. -c...'. ':.0 b ',..,.,1 ch l.d --J o~ Item # 10 .. .. .. . .. .. .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment number 1 Page 10 of 16 Attachment B Pine1hl.S County Property Appraiser parcel number: OS/29/15/00000/340/0100 & (See hardcopy pages) Item # 10 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. ,. ,. It " " i / t \/.,,/:':-/- _ ,'. - < AI /JA,. 1 ~'~ '-i!EIZ I/1-JE rsf: R.. --&.0 iE/2,d: '-'. "_._, t.J1J"J b ) Pinellas County PropertY-Ap~ t Iii 19 ---, , 0..." '7'- ~-,'1' /i l ,/,///\ / ,',' \:-. (.>:1, I'" >:._~~ ' \" " \, I "--Jl PLANADD Parcel Information BacktQ Search.P.a~ An explanation of thil:i screen " \,. \ \ \ } /' ~- Ml). r'-JD,A.L A Y CH,At'Jt,jEL 28.32 lJ.r(l:') 1/ '/ Attachment number 1 Page 11 of 16 ~ ~) ! "\ , \ f ;::--..,,_ '\ \, (d 0 'S\\\', '~f\~flf. f , {~.. __ I \ \ ~.I '\ \~.;~~-- / J A. / / / i I / J I /"'--\.( i I "-"', ,I ..) / / I ,I I I I l ; I / l / / r- ~ .--- ~345~ Item # 10 . . . . . . . . . . . . . . . . . . . . . . . . . . .. .- .. .. . . . .. .. . .- .- .- ,- ". . . a Attachment number 1 Page 12 of 16 05 I 29 I 15 I 00000 I 340 I 0100 U-Oct-U81 JiM SMi th , CFA Pinellas County Property Appraiser 15:43:15 Ownership InforfTlation Uacant Pr:'operty Use and Sales BRYESPLRNADE.COH LLC OBK: 15290 OPG: 2076 627 BRY ESPLRNRDE CLEARutfTER fL 33161"1611 , EVAC: A EURC COMparable sales value as Prop Addr:. 0 of Jan 1, 2007, based on Census Trac t : .00 sales froM 2005 - 2006: 0 Sale Date OR BooklPage Price (Qual/UnQ) Vael IMP / Plat InforMation . II 1/ . 0 ( ) 0111: Book Pgs - I 10 01 0 0 ( ) 1111: Book Pgs - 0 10 II 0 I ( ) 0000: Book Pgs - 0 /0 II 0 0 ( ) 2007 Value EXEMPTIONS " Just/Market: 23.280 HOl'lestead: NO Ownership 1 .100 Govt ExefYi : NO Use 1: .001 Assessed/Cap: U.2U Institutional ExeM: NO Tax ExeMpt 1: .000 Historic ExeM: I Taxable: 23.200 Agricultural: 0 2007 Tax InforfTlation District: CW Seawall: Frontage: Clearwater View: 06 Tax: .00 land Size Un it Land Land land 07 Prop Tax: 462.53 Front x Dept~ Price Units Meth 07 Millage: 19.9311 1) 0 x I 1.100.08 28. 3Z A 07 Spec ASl"lt: . 00 2) I x 0 . 00 . 00 3) 0 x I . 01 . 00 Without the Save-Our-HoMes 4) I x 0 .00 .00 cap, 2007 taxes will be : 5) . x I .10 .01 462. 53 6) I x 0 .01 .01 Without any exeJ1lPtions, 2007 taxes will be : 462. 53 Short Legal SUBH LAND IN SW 1/4 OF SEC 5-29-15 BEING PRRT OF TIIF Description DEED #11451 DESC BEG AT POINT ON SEAWALL E OF NE Building Information Item # 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . .. Attachment number 1 Page 13 of 16 Attachment C (See hardcopy page) Item # 10 . . . . . . . . . . . . .. . . .. . . .. . .. .. .. . - ,- ,. - ,. ,. .- ,. ,. ,. .. . " . " ,. ,. .- ,. v , fr) 9 12 ( 0 0 !j> 8 !1 (] 13 Oi (J) 7 14 0 d'I 6 0 Attachment number 1 Page 14 of 16 .i !:J1 t.J "'~ (':!~ ' 370.99 (jI 5 \\0 (j) ~ 0 16 0 < 7 ~~ 4 17 ~~ 3 18 Ul G.i - l.P 2 ro 19 -.l 110 I ESPLANADE) 905($) I \ \\J\ui _ I 0.1 'ell, U; --_IOOr ~.) tii \ -.) - --'-" ...) .;. \ -~~-,--\, \ .,'-------.--------/- 1 .\ I II I I Pinellas County Property Appraiser Parcel Information Item # 10 .. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. .. Attachment number 1 Page 15 of 16 Attachment D An artist rendition of the proposed marina associated with the Progress Energy upland Item # 10 ,. . . . . .. . . . . . . . .. . . Ie .. .. .. . .. .. .. . . . . . . . . . . . . . . . . . . . Attachment E Current look and use of the Progress Energy upland Attachment number 1 Page 16 of 16 Item # 10 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Beach Parking Garage Land Assembly SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: HomelesslPanhandling Ordinance SUMMARY: The City of St.Pete.'s panhandling ordinance and recent amendment, attached below, are modeled in part on the City of Indianapolis's ordinance and the City of Ft. Lauderdale's ordinance. The United States Court of Appeals for the Seventh Circuit held that Indianapolis's ordinance did not violate the First Amendment. Gresham v. Peterson, 225 F. 3d 899 (7th Cir. 2000), attached below. The Eleventh Circuit Court of Appeals upheld the constitutionality of Ft. Lauderdale's ordinance as well. Smith v. Ft. Lauderdale, 177 F. 3d 954 (11th Cir. 1999), attached below. St. Pete's ordinance, like Indianapolis's ordinance, prohibits the act of soliciting money by charitable organizations as well as by beggars. Both ordinances exclude from the prohibition, however, the act of passively standing or sitting, performing music, or indicating in any other manner that a donation is being sought when no vocal request is made for money other than in response to an inquiry by another person. The two ordinances differ in that St. Pete prohibits "panhandling" in one defined zone whereas Indianapolis prohibited "panhandling" on public property throughout the city after sunset and before sunrise and at several other locations regardless of the time of day, such as bus stops, sidewalk cafes, or the area around banks and automatic teller machines. Because begging, like other charitable solicitations, is speech entitled to First Amendment protection, Gresham v. Peterson, Id. at 904, citingSmith v. Ft. Lauderdale, 177 F.3d 954 (11th Cir. 1999) and Loper v. New York City Police Depart., 999 F. 2d 699 (2d Cir. 1993), the Seventh Circuit in Gresham analyzed Indianapolis's ordinance under the time-place-manner test in Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U. S. 37,45, 103 S. Ct. 948 (1983): the regulation must be content neutral, must be narrowly tailored to serve a significant governmental interest, and must leave open ample alternative channels of communication. Although the district court in Gresham had held that the Indianapolis ordinance was content neutral, the parties stipulated that issue for purposes of the appeal. Thus, the Seventh Circuit refrained from deciding the first prong of the test. 225 F. 3d at 902, 904-05. However, the Federal District Court for the Southern District of Ohio held that the City of Cincinnati's ordinance, which regulated similar conduct as that regulated by the City of Indianapolis's ordinance, was content neutral. Henry v. Cincinnati, 2005 WL 1198814 (S.D. Ohio). (I have attached the opinion below and have bolded and underlined the relevant text.) Having assumed that Indianapolis's ordinance was content neutral, the Seventh Circuit then determined whether the ordinance served a significant governmental interest. Citing to several U.S. Supreme Court decisions in which the Court had recognized a state's interest in ensuring the safety and convenience of the public by promoting the free flow of traffic on public streets and sidewalks, the Seventh Circuit determined that the ordinance satisfied the second prong of the test. 225 F. 3d at 906. As to the third prong, the plaintiff argued that the nighttime ban on verbal requests for money was substantially broader than necessary and therefore could not be considered narrowly tailored. TheSeventh Circuit determined that the city chose to restrict panhandling only in those circumstances where it considered the activity especially unwanted and bothersome, such as at night and around banks, sidewalk cafes, etc., and that the ordinance left open ample alternative channels of communication: a person could still solicit at night so 10ng as the person did not vocally request money; moreover, a person had numerous other 10cations in the city to solicit during the day and could engage in telephone and door-to-door solicitations regardless of the time of day. Id. at 906-07. St. Pete's ordinance also shares some similarities to Ft. Lauderdale's ordinance. Ft. Lauderdale's ordinance also prohibits "soliciting, begging or panhandling" in a specified zone: a certain five-mile strip of beach andqw~ ~fidant sidewalks. In applying the time-place-manner test in Perry Educ. Ass 'n, the Eleventh Circuit Court of ~-R.~a1s j~ Smith v. Ft. Lauderdale held that the ordinance was content neutral, was narrowly tailored to serve the city's ib~sf in providing a safe, pleasant environment and in eliminating the adverse impact on tourism, and left open many other 10cations in the city in which a person could solicit, beg, or panhandle. 177 F. 3d at 956-57. Therefore, the citations of authority mentioned above would support the City of Clearwater's adoption of an ordinance regulating begging and other solicitations in a limited area of the City so as to protect the adverse impact such activities have on tourism, for example, in the area. Review Approval: 1) Clerk Cover Memo Item # 12 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: City Sponsored Events Held Outside Clearwater City Limits - Councilmember Cretekos SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Clearwater Civitan Club I Mr. Fred Novo-Mesky SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Painting to be presented to Council I Sandy Holden and Clark Keser SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Meeting Date:3/3/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Proclamation: Celebrate Clearwater Neighborhoods Week and Day 2008 SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18