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04/03/2008 City Council Agenda Location: Council Chambers - City Hall Date: 4/3/2008- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Under Armour Presentation - Ken Erickson, Head Softball Coach, USF ~ Attachments 4.2 Tampa Bay Estuary Program Presentation - Holly Greening, Executive Director ~ Attachments 4.3 Proclamation: April is Fair Housing Month ~ Attachments 4.4 Proclamation: April is Water Conservation Month ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 20, 2008 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Continue the amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes to April 17, 2008. ~ Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7915-08 on second reading, amending the operating budget for the Fiscal Year ending September 30, 2008 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Stormwater Utility Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, and Central Insurance Fund. ~ Attachments 8.2 Adopt Ordinance 7916-08 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2008, to reflect a net increase of $9,438,088. ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Approve establishing a new Capital Improvement Project (315-93605) entitled Ross Norton Park Improvements for $200,000; and approve a Land and Water Conservation Fund Program (L WCF) project grant agreement for Lake Belleview Improvements, in the amount of $100,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same; authorize the sale of General Fund property to the Stormwater Utility Fund in the amount of $300,000; and accept a donation of playground equipment and installation estimated at a value of $100,000 from Mr. Ian Hill of The Changing Point and Let Them Be Kids. (consent) ~ Attachments 9.2 Approve increasing the Morningside Day Camp operational budget (010-01814) by $15,175; to cover the cost of 2 seasonal recreation leader positions (.42 FTE) and operational costs to be funded from day camp revenue. (consent) ~ Attachments 9.3 Ratify and confirm Change Order 1 to David Nelson Constrnction Company, Inc. of Palm Harbor, Florida for the Beach Walk - Phases II, III and IV Improvements Project(03-0079-ED) increasing the contract amount by $301,785.33 for a new contract total of $16,620,911.08 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.4 Accept a perpetual Drainage and Utility Easement over, across and under a portion of Lot 51, SUNSET HIGHLANDS UNIT 1, conveyed by Louis and Vera M. Biasi in consideration of receipt of $1.00 and the benefits to be derived therefrom.(consent) ~ Attachments 9.5 Approve a temporary parking lease agreement between Salt Block 57, LLC and the City of Clearwater and authorize appropriate officials to execute same. (consent) ~ Attachments 9.6 Appoint Councilmember Cretekos as Vice-Mayor. ~ Attachments 9.7 Reappoint Mark Flickinger as the Pinellas Arts Council representative and appoint Sarah C. Butz as the artist representative to the Public Arts and Design Advisory Board with the terms expiring on March 31, 2012. (consent) ~ Attachments 9.8 Request for authority to institute a civil action on behalf of the City and the Community Redevelopment Agency ("CRA") against Brnce Balk, The Balk Company, Inc., and Mediterranean Village LLC, to enforce the contract between Mediterranean Village, LLC and the CRA. ~ Attachments 10. Other items on City Manager Reports 10.1 Approve Recreation Greenways Trails Program (RGTP) project grant agreement for Kapok Spur Trail Project, in the amount of $40,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. @ Attachments 10.2 Authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to constrnct a new multi plane hangar at the Clearwater Airpark and authorize an interfund loan from the Central Insurance Fund to the Airpark in the amount of $101,357 to be paid back over 5 years at the cash pool earnings rate and adopt Resolution 08- 03. ~ Attachments 10.3 Approve amendment to Chapter 33, Section 33.059 (3) of the Code of Ordinances to define the length of stay for vessels at City owned public docks and pass on the first reading Ordinance 7927-08. @ Attachments 10.4 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of the term expiring on October 31, 2008. ~ Attachments 10.5 Approve the Neighborhood Bill of Rights and adopt Resolution 08-04. @ Attachments 10.6 Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. ~ Attachments Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Pass Ordinance 7947-08 on first reading, amending Ordinance 7372-05, which vacated a portion of the the easterly one half of the 70-foot right-of-way of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special conditions, extending the required date for commencement of vertical constrnction. ~ Attachments 11.2 Pass Ordinance No. 7948-08 on first reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (aka First Street per field), subject to special conditions, to amend the special conditions by extending the required date for commencement of vertical constrnction. @ Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports @ Attachments 13. Council Discussion Items 13.1 Damage to Vehicles at City Hall- Councilmember Gibson ~ Attachments 13.2 Redlight Cameras - Councilmember Gibson @ Attachments 13.3 Nehemiah Meeting - Mayor Hibbard @ Attachments 14. Other Council Action 14.1 Other Council Action @ Attachments 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Under Armour Presentation - Ken Erickson, Head Softball Coach, USF SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Tampa Bay Estuary Program Presentation - Holly Greening, Executive Director SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: April is Fair Housing Month SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: April is Water Conservation Month SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 4 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the March 20, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 10 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 20, 2008 Unapproved Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan The Mayor called the meeting to order at 6' offered by Reverend Doctor John R. Thompson led the Pledge of Allegiance. To provide continuity for research, necessarily discussed in that order. 4 - Presentations: 4.1 Acce t Rebate Check in the a E-pay transactions. Finance Director Margie efforts. Mayor Vice-May: r Counci Cou Cou City Assista Assistant City Att City Cler Board Reporter h not rica due to P-card and sented a $250 File of Life Program West Coast Florida - CEO, reviewed Lighthouse of Pinellas Foundation efforts d individuals in Pinellas County. 5.1 Approve the minutes he March 6, 2008 City Council meetinq as submitted in written summation by the City Clerk. Council 2008-03-20 1 Item # 5 Attachment number 1 Page 2 of 10 Councilmember Petersen moved to approve the minutes of the March 6, 2008, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unani ously. 6 - Citizens to be Heard re Items Not on the Agenda Lucille Casey, representing Del Oro Groves Hom City fence the playground on McMullen-Booth Road. David Reid requested the City retain Woodgate These issues will be agendaed for Work Session disc Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 A rove Amendments to the Clearwater Co Hazard Area rovisions of the Coastal Mana first readinq. Planning Director Michael Delk reque Armstrong, Morton Plant Hospital reg ntatl its needs. 17, 2008. Ed g with staff to meet Councilmember Doran duly seconded and carried u o April 17, 2008, so that staff can the increased density citywide; one person opposed to continue Item 7.2 to April 17, 2008. The motion was that this item be continued to April 17, 2008. Council 2008-03-20 2 Item # 5 Attachment number 1 Page 3 of 10 Four people commented with recommendations to allow more TDRs (Transfers of Development Rights) and height up to 150 feet, to permit unit pool participation by parcels smaller than 0.75 acre, and to encourage hotel development in the "Old Florida" district. Councilmember Gibson moved to continue Item 7.3 to April duly seconded and carried unanimously. Mr. Delk requested that this item be continued to April 17, 2008. related to 8.5 will be pulled to expedite amendments. Councilmember Petersen moved to conti related to 8.5 pulled to expedite amendments t FLUP (Future Land Use Plan) to add commer; carried unanimously. 8 - Quasi-judicial Public Hearings Councilmember Petersen motion was duly seconded and ca of agenda order. The - 8.4 be continued to April 17, 2008. s amendable to the continuance. The motion was Council 2008-03-20 3 Item # 5 Attachment number 1 Page 4 of 10 7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first readinq. (LUZ2004- 11007) Councilmember Cretekos moved to continue Item 8.2 to Apr'117, 2008. The motion was duly seconded and carried unanimously. 8.3 A rove a Future Land Use Plan Amendment from the Institutional I Classifications to the Residential Medium Amendment from the Institutional I District to the Medi for ro ert located at 802 826 and 830 Woodlawn Str desi nated as Sec 22-29-15 M&B 32.20 consistin of a 32/02 32/03 and 32/07 in Sec 22-29-15 . and Pass Ordin readinq. (LUZ2006-08006) Duke Tieman, neighborhood representative, did not 0 Councilmember Gibson moved to continue Ite duly seconded and carried unanimously. Councilmember Petersen duly seconded and carried un es one property of approximately 2.94 st side of G Boulevard, approximately 2,900 feet as the adjacent right-of-way of 0.75 acre. This property, a FLUP (Future Land Use Plan) classification of designation of Business (B). settle no zonin designation consistent with 1972. The B designation was the result of a lawsuit 86 and expired on October 17, 2006. In effect, there is icant is requesting to amend the Zoning Atlas from the B ation in order to have a zoning designation that is ent determined that the proposed rezoning application is consistent with the folio standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use Council 2008-03-20 4 Item # 5 Attachment number 1 Page 5 of 10 is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. The CDB reviewed this application at its meeting on Februa lengthy public hearing and all who participated in the hearing supp application. A motion was made by the Board to deny the ap Iicati due to a 3 to 3 vote. The Board considered another motio Ma recommended to deny the request by a vote of 4:2. The City Attorney reported an ethics opinion has Councilmember Cretekos does not have a conflict of inte Key. The Mayor said he had spoken in generalities to peo participate in any ex-parte conversations. Mr. Delk said Item 7.4 would add co problematic uses allowed under com ial z g. T denied, the property could continu current no could litigate. The City cannot gu continuation e reviewed d if the request is d the property owner Discussion ensued re and its arduous process. Mr. meets NCOD c' '. Currently, t Marriott, ation Overlay District) o analysis has bee to determine if Sand Key Key properties are zoned for hotels: 1) Sheraton, istent with the FLUP and Code and requested that the n provided. Dis local schools, agreements are and later approving that the record from the citizen input with comments that City taxes do not support re public, tourists do not bring crime, and hotel development m related issues. The City Attorney said denying this request lal designation would not be considered spot zoning. She noted munity Development Board meeting is part of the record. Council 2008-03-20 5 Item # 5 Attachment number 1 Page 6 of 10 Discussion ensued. Some Councilmembers believe substantial competent evidence presented to the CDB demonstrated that Tourist zoning would conflict with the needs and character of the neighborhood and City. It was reported City Council is in the process of adding a zoning classifications to be more consistent with the Comprehens've Plan. It was hoped a compromise would serve the interests of the community and City. ern wa expressed that the Code indicates the City Council can only approve Tourist onin s with only 40% of Sand Key properties homesteaded, the neighborho c10s han many want to believe. It was noted that commercial zoning allows s than d it was felt that a tourist zoning designation fits the property. Councilmember Gibson moved to deny approval to have staff expeditiously prepare an amendment to the C FLUP to permit zoning the Shoppes of Sand Key property as appropriate action to approve Commercial zoning for the Sh motion was duly seconded. Councilmembers Doran, Creteko Gibs voted "Aye"; Councilmember Petersen voted "Nay." Motion carried. The Council recessed from 9:29 to 9:37 p. 9 - Second Readings - Public Hearing 9.1 Ado t Ordinance 7918-08 on second rea to enhance trench diqqinq safety. of Ordinances Ordinance 7918-08 was pre Councilmember Doran moved to p reading. The motion was duly sec "Ayes": Doran, retekos, Gibson, and Hibbard. 10.1 Approve settlement he liability claim of Clare Peacock for payment of $35,299.62 and authorize the appropriate officials to execute same. (consent) Council 2008-03-20 6 Item # 5 Attachment number 1 Page 7 of 10 10.2 Approve settlement of the liability claim of Stephen Smith for payment of $96,035.35 and authorize the appropriate officials to execute same. (consent) 10.4 Award a contract for the Clearwater Communit Sa R. Krue er Construction Co. Inc. of Oldsmar Florida f lowest res onsible bid received in accordance with the the appropriate officials to execute same. (consent) sociates Inc. of Parrish FL in the amount of 'ces related to the Chloride Ca - Monitorin Wells icials be authorized to execute same. nsent Agenda as submitted and that the he motion was duly seconded and carried rovement Bud ets at First The adopted in Sep Code of Ordinanc expenditure estimates, financial status of all capl Operating and Capital Improvement Budgets were (linances 7866-07 and 7867-07. Section 2.521 of the City's City Manager to prepare a quarterly report detailing income, Ions, the explanation of significant variances, as well as the improvement projects. Council 2008-03-20 7 Item # 5 Attachment number 1 Page 8 of 10 The City Manager issued a March 3, 2008 memorandum regarding the First Quarter Budget Review and amended City Manager's Annual Budget Report. The report is based on three months of activity (October 2007 through December 2007) in the current fiscal year. The report comments on major variances, as well as documents all pro sed amendments. Significant Fund amendments are outlined below. Ge expenditure amendments reflect a net increase of $1,432, General Fund expenditure increase includes the appropri earnings of almost $1.4 million at first quarter to include support the Marine Aquarium; 2) $100,000 to provide e building inspection and review services; 3) $700,000 for Center Boat Ramp; 4) $280,873 for improvements to the B 5) $67,775 for the Countryside Community Park facility. All 0 previously approved by the City Council. and for the overall tained 000 to ort for Enhanced revenues from under the new Fire contract are recog $818,390 and $255,820 from the Pinellas Library Coo above previo expectations. On the other hand, revenue estimat te of Florida reductions of almost $367,000 in sales tax reve municipal re The budget also reflects the receipt of $450,00 settlement. h the net increase in revenues outlined here, the net tr is expected to be approximately $623,000 at first quarter, rath the Council above. General Fund Reserves - In policy reflects that General Fund u budgeted General Fund expenditu emergencies. With the closin above, estimated General Fu of the current year's General Fu e City Council's Vo of the City's guard against future ocation of reserves noted at first quarter a ately $25 million, or 20.5% exceeding the City's reserve policy by $14.8 million. rating Funds: 1) Stormwater Fund - At first increase of $62,990 of Stormwater service funds representing interest onths, and the related transfer of these t for Stormw er Expansion; 2) Gas Fund - Budget increase of approximately $4.2 million for the Council in September 2007, which is offset by the apital improvement fund, and a reduction in the es; 3) Recyclinq Fund - First quarter expenditure a t an increase of $110,000 for the cost of inventory for resal et prices and almost $83,000 for grant related expendit nty grant. Revenues from recyclable sales and grant proceeds m se in budgeted expenditures; 4) Marina (and Aviation) Fund - The sco d Aviation Fund is changing at first quarter in order to separate the two f recognizing this fund now as the Marina Fund. At first quarter, Marine and Aviation enditures reflect a net decrease of $252,140, transferring the budgeted expenditures a related revenues of the Airpark Operations to the new Airpark Fund; 5) Airpark Fund - First quarter recognizes the formal establishment of the Airpark Fund, Council 2008-03-20 8 Item # 5 Attachment number 1 Page 9 of 10 separating this operation from the previous Marine and Aviation Fund. First quarter amendments recognize the transfer of related budgeted revenues and expenditures from the Marina Fund; 6) Parkinq Fund - Budgeted expenditures in the Parking Fund at first quarter reflect a proposed increase of $148,320 to reflect the annual cost of the temporary Patel lot on Clearwater Beach for the current fiscal year, and related offsetting ues; a d 7) Central Insurance Fund - At first quarter, the Central Insurance Fund per e s reflect the allocation of Central Insurance Fund reserves to support th Ith I tract approved by the City Council in October 2007. First quarter amendments to the Capital Improve $9,438,088, primarily due to the establishment of the Do of $10,450,000 and the Beach Recreation Center Boat Ra $700,000, and the recognition of several significant amendme including the National Guard Armory and Beach Library & projects, Stevenson Creek Implementation and the WWTP H wor amendments also reflect the return of almost $4.2 million to the Gas Fu outstanding gas bonds. ncil include: ing revenue m rting the reclaimed reflects a net Ion of more t running, ood recreation r the special events ce fines and court es for police outside duty Project budget increases not previously of these proposed increases is an increase of SWFWMD (Southwest Florida Water Manag water distribution project; 2) Special Progra budget increase of $1,929,242 at first quarte than $547,000 in grants proceeds sup ing Brownfield assessment, and Juveni are nts s programs; 3) Other significant am s reflect mo and sponsorships programs in the ix months; 4) proceeds to support public saf ams; and 5) $2 contractual services. end the City's Fiscal Year 2007/08 Operating and he motion was duly seconded and carried ng and read by title only. 5-08 on first reading. The motion was duly retekos, Gibson, and Hibbard. ted for first reading and read by title only. pass Ordinance 7916-08 on first reading. The motion was e vote was: Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-03-20 9 Item # 5 Attachment number 1 Page 10 of 10 Miscellaneous Reports and Items 12 - City Attorney Reports 12.1 RFP/Q for Real Estate Broker for Beach Parkin The City Attorney referenced the proposed RFP/ Qualifications) for a Real Estate Broker to assemble so purchase and subsequent parking garage construction. It was stated the proposed RFP/Q would disqualify area properties. To attract the best agents, it was recommen single agents and transaction brokers. The City Attorney s ' to identify the type of representation proposed. Consensus was to amend the RFP/Q to open brokers. 13 - City Manager Verbal Reports - None. 14 - Other Council Action Councilmembers reported on e upcoming events; enjoyed Neighbo tournament; Phillies Spring Trainin Councilmember Crete world champion pitcher; than businesses to welcome them. er for getting a hit off a ships and encouraged tekos' 35-gallon blood donation; encouraged fety Harbor, for affordable housing; sses; and expressed condolences to Mayor City of Clearwater Attest: City Clerk Council 2008-03-20 10 Item # 5 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue the amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes to April 17, 2008. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7915-08 on second reading, amending the operating budget for the Fiscal Year ending September 30,2008 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Stormwater Utility Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, and Central Insurance Fund. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7915-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER UTILITY FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, PARKING FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating purposes, including debt service, was adopted by Ordinance No. 7866-07; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $6,837,832 for revenues and $6,633,192 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7866-07 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy of which is on file with the City Clerk, the City Council hereby adopts .an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 7 50 Ordinance No. 7915-08 Attachment number 2 Page 1 of 2 EXHIBIT A 2007-08 BUDGET REVENUE First Quarter Original Amended Budget Budget 2007/08 2007/08 Amendments General Fund: Property Taxes 47,273,940 47,273,940 Franchise Fees 9,833,640 9,833,640 Utility Taxes 11,928,390 11,928,390 Licenses, Permits & Fees 4,492,580 4,492,580 Sales Tax 6,564,320 6,197,530 (366,790) Communications Services Tax 7,045,750 7,045,750 Intergovernmental Revenues 11,809,270 12,472,210 662,940 Charges for Current Services 3,763,800 3,799,950 36,150 Fines & Forfeitures 955,000 955,000 Interest Income 1,263,950 1,263,950 Miscellaneous 1,053,710 1,503,710 450,000 Interfund Charges / Transfers In 17,193,280 17,220,388 27,108 Transfer from Surplus 623,485 623,485 Total, General Fund 123,177 ,630 124,610,522 1,432,892 Special Revenue Funds: Special Development Fund 18,166,980 18,166,980 Special Program Fund 2,132,910 4,062,152 1,929,242 Local Housing Asst Trust Fund 1,195,250 1,195,250 Utility & other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 Stormwater Utility Fund 14,436,690 14,499,680 62,990 Solid Waste Fund 18,153,900 18,153,900 Gas Fund 50,656,650 53,123,570 2,466,920 Recycling Fund 2,834,930 3,044,260 209,330 Marine (and Aviation) Fund 4,823,730 4,702,910 (120,820) Airpark Fund 0 233,000 233,000 Parking Fund 4,102,130 4,342,130 240,000 Harborview Center Fund 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,200,730 10,200,730 General Services Fund 5,236,710 5,236,710 Garage Fund 13,293,770 13,293,770 Central Insurance Fund 21,306,060 21,690,338 384,278 Total, All Funds 350,352,600 357,190,432 6,837,832 Ordinance #7915-08 51 Item # 7 EXHIBIT A (Continued) 2007-08 BUDGET EXPENDITURES Attachment number 2 Page 2 of 2 General Fund: City Council City Manager's Office City Attorney's Office City Audit Development & Neighborhood Svcs Economic Development & Housing Svc Engineering Equity Services Finance Fire Human Resources Library Marine & Aviation Non-Departmental Office of Management & Budget Official Records & Legislative Svcs Parks & Recreation Planning Police Public Communications Public Services Allocation to Reserve Total, General Fund First Quarter Original Amended Budget Budget 2007/08 2007/08 Amendments 295,920 295,920 1,268,700 1,268,700 1,676,820 1,676,820 162,870 172,870 10,000 4,295,940 4,395,940 100,000 1,436,710 1,436,710 7,028,070 7,028,070 338,200 338,200 2,265,190 2,255,190 (10,000) 21,423,410 21,423,410 1,231,480 1,231,480 6,433,700 6,433,700 1,221,490 1,221,490 6,394,690 7,691,432 1,296,742 305,160 305,160 1,255,700 1,255,700 21,888,050 22,023,510 135,460 1,414,750 1,414,750 36,970,730 36,970,730 1,098,590 1,098,590 3,684,770 3,585,460 (99,310) 1,086,690 1,086,690 123,177 ,630 124,610,522 1,432,892 Special Revenue Funds: Special Development Fund Special Program Fund Local Housing Asst Trust Fund Utility & other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Marine (and Aviation) Fund Airpark Fund Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund Total, All Funds 15,933,750 16,564,500 1,832,910 3,762,152 1,195,250 1,195,250 59,930,170 59,930,170 14,436,690 14,499,680 18,068,320 18,068,320 45,896,470 47,777,980 2,834,930 3,017,740 4,774,180 4,522,040 0 232,540 3,804,260 3,952,580 704,360 704,360 10,197,640 10,197,640 5,235,590 5,235,590 13,293,770 13,293,770 19,986,040 20,370,318 341,301,960 347,935,152 630,750 1,929,242 62,990 1,881,510 182,810 (252,140) 232,540 148,320 384,278 6,633,192 52 Ordinance #7915-08 Item # 7 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7916-08 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2008, to reflect a net increase of $9,438,088. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7916-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, TO REFLECT A NET INCREASE OF $9,438,088 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2008 was adopted by Ordinance No. 7867-07; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7867-07 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 53 Item # 8 Ordinance #7916-08 Attachment number 2 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Original Amended Budget Budget 2007/08 2007/08 Amendments Police Protection 250,000 (555,302) (805,302) Fire Protection 451,000 458,000 7,000 Major Street Maintenance 3,775,720 3,730,165 (45,555) Sidewalks and Bike Trail 161,015 161,015 Intersections 435,000 385,824 (49,176) Parking 300,000 267,230 (32,770) Miscellaneous Engineering 35,000 73,250 38,250 Land Acquisition (759) (759) Park Development 10,155,410 11,024,722 869,312 Marine Facilities 160,000 11,310,000 11,150,000 Airpark Facilities 10,000 10,000 Libraries 706,290 706,290 Garage 2,840,500 2,840,500 Maintenance of Buildings 998,000 998,000 Miscellaneous 909,000 909,000 Stormwater Utility 5,511,300 6,554,854 1,043,554 Gas System 6,168,830 2,003,705 (4,165,125) Solid Waste 160,000 160,000 Utilities Miscellaneous 44,000 44,000 Sewer System 12,347,280 12,871,722 524,442 Water System 10,971,460 11,714,662 743,202 Recycling 140,000 140,000 TOTAL 56,368,790 65,806,878 9,438,088 Item # 8 54 Ordinance # 7916-08 Attachment number 2 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 Original Budget 2007/08 First Qtr Amended Budget 2007/08 Amendments GENERAL SOURCES: General Operating Revenue 2,072,330 3,131,859 1,059,529 General Revenue/County Co-op 706,290 706,290 Road Millage 2,820,720 2,820,720 Penny for Pine lias 3,350,000 3,950,000 600,000 Transportation Impact Fee 290,000 320,750 30,750 Development Impact Fee Local Option Gas Tax 1,100,000 1,100,000 Recreation Land Impact Fee 750,000 750,000 Open Space Impact Fee 750,000 750,000 Special Program Fund 30,000 30,000 Grants - Other Agencies 4,700,000 4,672,115 (27,885) Sales of Surplus Revenue 1,087 1,087 Donation Revenue (67,775) (67,775) Other Governmental Units 1,399,824 1,399,824 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 50,000 50,000 Parking Revenue 303,000 303,000 Harborview Revenue 118,910 118,910 Utility System: Water Revenue 1,978,500 1,978,500 Sewer Revenue 15,800 15,800 Water Impact Fees 250,000 250,000 Sewer Impact Fees 1,044,600 1,044,600 Utility R&R 2,706,060 2,706,060 Stormwater Utility Revenue 2,609,570 2,672,560 62,990 Gas Revenue 5,945,000 1,780,000 (4,165,000) Grants - Other Agencies 980,564 980,564 INTERNAL SERVICE FUNDS: Garage Revenue 179,000 179,000 Administrative Services Revenue 500,000 500,000 Item # 8 55 Ordinance # 7916-08 Attachment number 2 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Original Amended Budget Budget 2007/08 2007/08 Amendments BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 383,000 (420,215) (803,215) Lease Purchase - Special Events Revenue 34,000 34,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 73,780 41,000 (32,780) Lease Purchase - Solid Waste 160,000 160,000 Lease Purchase - Recycling 140,000 140,000 Bond Issues - Water & Sewer 17,303,000 17,303,000 Bond Issue - Stormwater 2,907,730 2,907,730 Bond Issue - Marine 10,400,000 10,400,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,758,500 2,758,500 Lease Purchase - Administrative Services 339,000 339,000 TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 9,438,088 Item # 8 56 Ordinance # 7916-08 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve establishing a new Capital Improvement Project (315-93605) entitled Ross Norton Park Improvements for $200,000; and approve a Land and Water Conservation Fund Program (L WCF) project grant agreement for Lake Belleview Improvements, in the amount of $100,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same; authorize the sale of General Fund property to the Stormwater Utility Fund in the amount of $300,000; and accept a donation of playground equipment and installation estimated at a value of $100,000 from Mr. Ian Hill of The Changing Point and Let Them Be Kids. (consent) SUMMARY: Major improvements were made at Ross Norton Park in 2005 with the completion of a new recreation center, skate park and renovated aquatics center. However, several of the items associated with this project were not completed due to lack of funds. The City has been awarded a matching LWCF grant of $100,000 to assist in the construction of improvements at Lake Belleview in Ross Norton Park. Improvements include the construction of a new playground, fencing, lighting, landscaping and renovations to the existing fishing dock, pedestrian bridge and recreation trail. In addition staff has been working with a non-profit organization known as Let Them Be Kids whose purpose is to provide grants to communities to construct playgrounds. One of the components of this partnership is the required involvement of the community. Thus, the neighborhood has been involved in the planning of this project and will take part in the construction of some of the elements most notably the playground. In the very near future, the City will be constructing some major storm water improvements at Lake Belleview and will be expanding the size of the Lake. In order to do this approximately 75,000 square feet of the existing upland park property valued at $4.02 per square foot will be needed to complete this storm water project. Staff is recommending that the Stormwater Utility Fund reimburse the General Fund from the 04 Stormwater Bond Construction Fund project 0357-96152, Lake Belleview Stormwater Improvements, for the cost of this lost park land valued at approximately $300,000. $100,000 of these funds is proposed as the City's matching funds for the L WCF grant. If approved by the Council, the sale of the property from the General Fund to the Stormwater Fund will be reflected in the mid-year budget amendments. In addition, $100,000 of General Fund revenues will be transferred to project 315-93605, Ross Norton Park Improvements, along with the establishment of the grant fund budget. The balance of the sales proceeds of $200,000 will remain in General Fund retained earnings until designated for a specific use. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: This project was originally scheduled to be part of Ross Norton Renovation project however, delayed due to lack of funds. Establish a new project entitled "Ross Norton Improvements" for $200,000. Current Year Cost: Not to Exceed: For Fiscal Year: $200,000 $200,000 2007 to 2008 Annual Operating Cost: Total Cost: o $200,000 Cover Memo Appropriation Code Amount Appropriation Comment 315-93605 315-93605 Review Approval: 1) Clerk $100,000 $100,000 LWCF grant Transfer from Stormwater for purchase of general fund property. Cover Memo Item # 9 -~.... - .. I!;!p ~ . 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I . roe - .~.....-=-~~ . tJ:i Attachment number 1 Page 22 of 22 I ~_1~U.-~~1 II II 11 L iIi iI L I - .-:: Item # 9 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve increasing the Morningside Day Camp operational budget (010-01814) by $15,175; to cover the cost of 2 seasonal recreation leader positions (.42 FTE) and operational costs to be funded from day camp revenue. (consent) SUMMARY: For the past 3 years a contract instructor has conducted a middle school summer camp at Morningside Recreation Center while the City has conducted an elementary school summer camp. The contract instructor has informed staff that she will not be available to offer this service again, therefore, staff is requesting additional resources to continue this camp. It is important to offer quality programs for middle school youth (entering 6th grade to 8th grade) during the summer months and a camp curriculum is an ideal way to meet part of this need. Revenue from the participants will cover the cost of the camp. Supervisory staff at the center is in place to handle both the elementary and the middle school camp. Type: Current Year Budget?: Operating Expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Increase expenses and revenue by $15,175 to cover personnel and operational costs. Current Year Cost: Not to Exceed: For Fiscal Year: $15,175 $15,175 2007 to 2008 Annual Operating Cost: Total Cost: o $15,175 Appropriation Code 010-01814 Amount $15,175 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 10 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm Change Order 1 to David Nelson Construction Company, Inc. of Palm Harbor, Florida for the Beach Walk- Phases II, III and IV Improvements Project(03-0079-ED) increasing the contract amount by $301,785.33 for a new contract total of $16,620,911.08 and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract was previously approved by the City Council on December 14,2006 for $16,319,125.75. Change Order 1 is necessary to add additional items, increase and decrease quantities of line items. Decreased items are under runs of contract quantities discovered not to be necessary for completion of the work. Increased items are overruns of contract quantities discovered to be necessary for completion of the project. Additional items are extra items of work discovered to be necessary for completion of the project. Decreases in quantities of items not necessary result in a $48.10 decrease in costs for the General Fund project 0315-92267, Beach Walk. Sufficient funding is available in the 04 Stormwater Bond Construction Fund project, 0357-92267, Beach Walk, to fund the Stormwater portion in the amount of $107,234.43. Resolution 07-28 was passed on November 1,2007, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. A mid year amendment will transfer budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued from 0376-96742, Line Relocation - Capitalized in the amount of $100,333.00 and $88,445.00 from 0376-96634, Sanitary Utility Relocation to 0376-92267, Beach Walk. An additional mid-year amendment will transfer budget and 2006 Water and Sewer Revenue Bond proceeds from 0378-96739, Reclaimed Water Distribution System to 0378-92267, Beach Walk in the amount of $5,821.00. Type: Current Year Budget?: Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0357-92267-563700-539-000- 0000 Capital expenditure No Budget Adjustment: Yes 301,785.33 301,785.33 2007 to 2008 Annual Operating Cost: Total Cost: Amount 107,234.43 Appropriation Comment Item # 11 see summary 0376-92267 -563800-533-000- 100,333.00 see summary 0000 0376-92267 -563800-535-000- 88,445.00 see summary 0000 0378-92267 -563800-533-000- 5,821.00 see summary 0000 0315-92267 -563700-541-000- (48.10) see summary 0000 Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 11 Change Order No.1 Page 1 of 7 PROJECT: Beach V\lalk Phases II, III, IV Attachment number 1 Page 1 of 7 Change Order # 1 DATE: February 27, 2008 PROJECT NUMBER: 03-0079-ED PROJECT: Beach Walk Phases II, III, IV PO REFERENCE NO.: STI03041 CONTRACTOR: David Nelson Construction Company 3483 Alternate 19 Palm Harbor, FL 34683 DATE OF CONTRACT: January 17, 2007 CODES: 0315-92267-563700-541-000-0000 (A) 0343-92267-563800-533-000-0000 (B) 0377-92267-563700-539-000-0000 (C) 0378-92267-563800-533-000-0000 (D) 0378-92267-563800-535-000-0000 (E) 0357-92267-563700-539-000-0000 (F) 0376-92267-563800-533-000-0000 (G) 0376-92267-563800-535-000-0000 (H) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Pages 2 through 7 of this Change Order list Added, Increased, and Decreased items of work. Decreased items are underruns of contract quantities discovered not to be necessary for completion of the project. Increased items are overruns of contract quantities discovered to be necessary for completion of the project. Added items are extra items of work discovered to be necessary for completion of the project. STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT Change Order #1 NffiNCONTRACTAMOUNT ACCEPTED BY: $ $ $ 16,319,125.75 301,785.33 16,620,911.08 BY: Jeff Nelson, Project Manager (SEAL) Frank Hibbard, Mayor Date: Camilo Soto, Assistant City Attorney Witnesses: ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Home, II City Manager Gary A. Johnson, CGC Public Services Director Michael D. Quillen, P.E. City Engineer Item # 11 Change Order No.1 Page 2 of 7 PROJECT: Beach V\lalk Phases II, III, IV GENERAL FUND r}:>(:n>:::'>:::: CODE: 0315-92267-563700-541-000-0000 (A) DEMOLITION ITEM DESCRIPTION QUANTITY UNIT UNIT COST 2002 DUST CONTROL - CALCIUM CHLORIDE 1,000 TN $ 5.00 2006 INSTALL SILT FENCE 2,152 LF $ 1.25 2013 REMOVE AND RESURFACE CONCRETE TRAFFIC ISLANDS 109 SY $ 80.00 2016 REMOVE EXISTING 2' CURB 6,195 LF $ 6.00 2022 REMOVE EXISTING INLET TYPE 1 AND FILL 4 EA $ 900.00 2023 REMOVE EXISTING INLET TYPE 2 RECONSTRUCT 2 EA $ 500.00 2024 REMOVE EXISTING STORM SEWER <18" TYPE 1 NOT REPLACED 103 LF $ 85.00 2025 REMOVE EXISTING STORM SEWER < 18" TYPE 2 REPLACED 132 LF $ 12.00 2027 REMOVE EXISTING STORM SEWER> 18" TYPE 2 REPLACED 22 LF $ 17.00 2030 BRICK AND MORTAR PLUG - 15" 2 EA $ 300.00 2036 REMOVE REGULA TORY SIGNS 4 EA $ 61.00 2039 REMOVE EXISTING PARKING METERS 70 EA $ 20.00 2040 REMOVE, STORE AND REPLACE AUTOMATIC ENTRY GATE 1 EA $ 6,100.00 AND TICKET DISPENSER AT PIER 60 LOT 2041 REMOVE, STORE AND REPLACE AUTOMATIC EXIT GATE AT 2 EA $ 6,100.00 PIER 60 PARKING LOT 2042 REMOVE, STORE AND REPLACE TICKET BOOTH AT PIER 60 1 EA $ 6,100.00 PARKING LOT 2043 TEMPORARY LOCATE TICKET BOOTH AT PIER 60 PARKING 1 EA $ 6,100.00 LOT 2044 REMOVE AND DELIVER AUTOMATIC GATE 2 EA $ 1,200.00 2046 REMOVE AND DELIVER TICKET DISPENSER 1 EA $ 1,200.00 2049 REMOVE EXISTING METAL BENCH 3 EA $ 90.00 Total 'Demolition' Item PAVING ITEM 4005 4014 4020 4023 4024 4038 DESCRIPTION INSTALL CONCRETE PIN CURB - 6" CITY INDEX 101 INSTALL BASE COURSE CONCRETE SIDEWALKS, 4" CONCRETE DRIVEWAYS, 6" TOP SOIL SOD TEMPORARY SLOPE QUANTITY 250 195 15,700 600 18,927 780 UNIT UNITCOST LF $ 18.00 SY $ 20.00 SF $ 3.00 SY $ 34.00 SY $ 6.25 SY $ 3.00 Total 'Paving' Item GENERAL FUND (continued) EHANCEMENT ITEM DESCRIPTION 7006 SOD DISTURBED AREAS QUANTITY 10,000 UNIT UNITCOST SY $ 3.00 HARDSCAPE ITEM 8003 8012 8028 8029 8044 DESCRIPTION 8" COLORED CONCRETE @ OASIS PAVILION AREA AND SOUTH PARKING PLAZA SANDjSEATWALL (CLP CONCRETE BOLLARD, TYPE A BOLLARD, TYPE B CONDUIT (FURNISH & INSTALL) UNDERGROUND - 2" PVC 8054 BEACH BOLLARD LIGHTING 2" CONDUIT QUANTITY UNIT UNIT COST - 3,711 SF $ 15.50 594 LF $ 247.00 12 EA $ 1,800.00 4 EA $ 2,300.00 850 LF $ 12.00 2,500 LF $ 15.00 Total 'Hardscape' Item LANDSCAPE ITEM DESCRIPTION 9103 SABAL PALMS 9107 LIVISTONIA CHINESIS, 12' CT QUANTITY UNIT UNIT COST 25 EA $ 145.00 25 EA $ 860.00 Total 'Landscape' Item Attachment number 1 Page 2 of 7 EXTENDED COST EXTENDED COST EXTENDED COST EXTENDED COST Item # 11 Change Order No.1 Page 3 of 7 PROJECT: Beach V\lalk Phases II, III, IV Attachment number 1 Page 3 of 7 ALTERNATE 1 ITEM DESCRIPTION QUANTITY UNIT UNIT COST 594 LF $ 40.25 335 LF $ 100.00 Total Alternate 1 Item ADD SPECIALTY FINISH TO SAND/SEAT WALL (8012) CAST STONE CAP ON SAND/SEA T WALL (8013) ALTERNATE 2 ITEM DESCRIPTION 12" WIDE SHELL AGGREGATE SANDBLASTED BAND ALONG PROMENDADE (8006) QUANTITY 2,855 UNIT UNITCOST LF $ 15.00 ALTERNATE 3 ITEM DESCRIPTION INSTALL PHOENIX DACTYLIFERA MEDJOOL, 12' CT PER PBSJ DESIGN INSTEAD OF SABAL PALMS (9103) SABAL P ALMETIO, 12'-20' O.A., SEE PLANS FOR HEIGHT QUANTITY 5 UNIT UNITCOST EA $ 8,000.00 9101 247 EA $ 145.00 9107 LIVlSTONIA CHINENSIS, 12' CT. 25 EA $ Total Alternate 3 Item ALTERNATES ITEM DESCRIPTION UPGRADE CITY STANDARD BICYCLE RACKS TO PBSJ DESIGN, WELLE CIRCULAR RACK W /POWDER COAT FINISH (8034) QUANTITY 66 UNIT UNITCOST EA $ 800.00 GENERAL FUND (continued) ALTERNATES TREE GRATES ALONG HIKE/BIKE TRAIL, PROMENADE AND AT BEACH ENTRANCES (8035) 15 EA $ 3,200.00 Total Alternate 5 Item ALTERNATE 7 ITEM DESCRIPTION PLAZA SEAT WALL (15' HT., CLP. CONe) (8012) INSTALL YARD DRAIN-TYPE 1 (3016) QUANTITY 88 1 UNIT UNIT COST LF $ 340.00 EA $ 1,100.00 Total Alternate 7 Item ALTERNATES ITEM DESCRIPTION LANDSCAPE SPOT LIGHTING (8040) UPLIGHT TYPE A (8047-A) QUANTITY UNIT 8 EA 46 EA $ Total Alternate S Item Total Code A Increases CODE: 0315-92267-563700-541-000-0000 (A) DEMOLITION ITEM DESCRIPTION QUANTITY UNIT UNIT COST 2005 FLOATING TURBIDITY BARRIER 85 LF $ 15.00 $ 2007 SPECIAL EXCA VA TION < 1.0' 231 CY $ 8.00 $ 2009 REMOVE ASPHALT PAVEMENT 846 SY $ 7.00 $ 2017 REMOVE EXISTING 0.5' CURB 2,499 LF $ 5.00 $ 2018 REMOVE SIDEWALK 4" 6,907 SF $ 1.25 $ 2019 ROUGH GRADING 420 SY $ 4.00 $ 2026 50 LF $ 87.00 $ REMOVE EXISTING STORM SEWER> 18" TYPE 1 NOT REPLACED 2033 REMOVE EXISTING SHOWER AND WATER SERVICE 3 EA $ 300.00 $ 2035 REMOVE LANDSCAPING TREES - PALMS 202 EA $ 200.00 $ Total 'Demolition' Item Increase $ EXTENDED COST 1,275.00 1,848.00 5,924.80 12,495.00 8,633.75 1,680.00 4,350.00 900.00 40,400.00 77,506.55 Item # 11 Change Order No.1 Page 4 of 7 PROJECT: Beach V\lalk Phases II, III, IV PAVING ITEM DESCRIPTION 4029 SUBGRADE PREP ARA TION UNDER TYPE 6 BASE GENERAL FUND (continued) HARDSCAPE ITEM 8002 DESCRIPTION 6" COLORED CONCRETE ALONG TRAIL FROM SOUTH PARKING TO PIER 60, INCLUDING BEACH ENTRANCES GENERAL FUND (continued) ALTERNATE 1 ITEM DESCRIPTION ADD SPECIALTY FINISHES TO PLAZA SEAT WALL, 15" HT. (8019) ALTERNATE 2 ITEM DESCRIPTION 12" WIDE SHELL AGGREGATE SANDBLASTED BAND ALONG HIKE/BIKE TRAIL INSTEAD OF STRIPING (8007) CONCRETE ACCENT PIERS W / CAST STONE CAP (8048) ALTERNATE 3 ITEM DESCRIPTION 9209 RUSSELIA EQUISETIFORMIS, 3 GAL. ALTERNATE 4 ITEM DESCRIPTION RETAINING WALL AT SOUTH GATEWAY (8015) ALTERNATES ITEM DESCRIPTION 6" COLORED CONCRETE @ GAME BOARD PLAZA (8001B) PLAZA SEAT WALL (15" HT, C. I. P. CONe) (8012) ALTERNATE 7 ITEM DESCRIPTION SUBGRADE PREP ARA TION UNDER TYPE 6 BASE (4029) INSTALL STORM SEWER-12" PVC (3032) 6" COLORED CONCRETE AT SUNDIAL PLAZA (8018) Additions CODE: DEMOLITION ITEM 2051 2052 2053 0315-92267 -563700-541-000-0000 (A) DESCRIPTION SHED REMOVAL AT PIER 60 PARKING LOT (AWl 2) REMOVE STRAIN POLES (AWl 11) REMOVE STRAIN POLE SIGNS (AWl 12) GENERAL FUND (continued) PAVING ITEM 4048 4049 DESCRIPTION 1" ASPHALT SURFACE COURSE - CORONADO (Maximum 25% RAP) OFFSlTE BORROW DUE TO EXISTING 6-INCH CONCRETE ROADWAY BASE REMOVAL 3' VALLEY GUTTER 4050 Attachment number 1 Page 4 of 7 QUANTITY 3,740 UNIT UNITCOST SY $ 6.00 $ EXTENDED COST 22,440.00 QUANTITY 20,383 UNIT UNITCOST SF $ 11.50 $ EXTENDED COST 234,404.50 QUANTITY UNIT UNIT COST EXTENDED COST 181 LF $ 40.25 $ 7,285.25 QUANTITY UNIT UNIT COST EXTENDED COST 1,037 LF $ 15.00 $ 15,555.00 13 EA $ 3,700.00 $ 48,100.00 Total Alternate 2 Item Increase $ 63,655.00 QUANTITY UNIT UNIT COST EXTENDED COST 82 EA $ 8.60 $ 705.20 QUANTITY UNIT UNIT COST EXTENDED COST 5 CY $ 2,600.00 $ 13,000.00 QUANTITY UNIT UNIT COST EXTENDED COST 3 EA $ 10.00 $ 30.00 11 LF $ 300.00 $ 3,300.00 Total Alternate 5 Item Increase $ 3,330.00 QUANTITY UNIT UNIT COST EXTENDED COST 1,431 SY $ 8.00 $ 11,448.00 34 LF $ 95.00 $ 3,230.00 2,383 SF $ 11.00 $ 26,213.00 Total Alternate 7 Item Increase $ 40,891.00 Total Increases Code A $ 463,217.50 QUANTITY UNIT UNIT COST EXTENDED COST - 1 IS $ 12,200.00 $ 12,200.00 2 EA $ 250.00 $ 500.00 3 EA $ 61.00 $ 183.00 Total 'Demolition' Item Add $ 12,883.00 QUANTITY UNIT UNIT COST EXTENDED COST - 6,855 SY $ 17.85 $ 122,361.75 1,125 CY $ 25.00 $ 28,125.00 268 LF $ 35.00 $ 9,380.00 Total 'Paving' Item Add $ 159,866.75 Item # 11 Change Order No.1 Page 5 of 7 PROJECT: Beach V\lalk Phases II, III, IV HARDSCAPE ITEM DESCRIPTION 8055 ELECTRICAL WORK DUE TO REVISED CONSTRUCTION DRAWINGS 8056 OASIS PAVILION IMPROVEMENTS (AWl 84) 8057 WHEEL STOPS AT PIER 60 PARKING LOT (AWl 69) 8058 HANDRAIL AT PIER 60 RESTROOM (AWl 87) 8059 SHELL MULCH AT SUNDIAL PLAZA (AWl 95) ALTERNATE 7 ITEM DESCRIPTION MANHOLEC-7 CONNECT TO EXISTING STORM STRUCTURE OR PIPE 12" WIDE SHELL AGGREGATE SANDBLASTED BAND ALONG HIKE/BIKE TRAIL INSTEAD OF STRIPING (8007) MEDJOOL PALM (CRANE INSTALLATION) TRENCH DRAIN CONNECT TO YARD DRAIN STAINLAESS STEEL SUNDIAL NUMERALS BENCH, TYPE A - WABASH WV CN 100R UPGRADE CITY STANDARD BENCH TO PBSJ DESIGN TYPE A, CAST ALUMINUM SECURED TO CONCRETE BASE (8030) ALUMINUM TRENCH GRATE UPGRADE ALTERNATE 8 ITEM DESCRIPTION ELECTRICAL WORK Attachment number 1 Page 5 of 7 QUANTITY UNIT UNIT COST EXTENDED COST 1 LS $ 350,342.50 $ 350,342.50 1 LS $ 42,689.42 $ 42,689.42 2 EA $ 99.00 $ 198.00 1 LS $ 1,792.00 $ 1,792.00 60 CY $ 40.00 $ 2,400.00 Total 'Hardscape' Item Add $ 397,421.92 QUANTITY UNIT UNIT COST EXTENDED COST 1 EA $ 2,200.00 $ 2,200.00 1 EA $ 1,500.00 $ 1,500.00 425 LF $ 15.00 $ 6,375.00 1 LS $ 5,315.00 $ 5,315.00 10 LF $ 95.00 $ 950.00 1 LS $ 3,740.00 $ 3,740.00 1 EA $ 2,400.00 $ 2,400.00 1 EA $ 3,800.00 $ 3,800.00 1 LS $ 600.00 $ 600.00 Total Alternate 7 Item Add $ 26,880.00 QUANTITY UNIT UNIT COST EXTENDED COST 1 LS $ 51,705.48 $ 51,705.48 Total Additions Code A $ 648,757.15 Total Net { ,:c"/IncreasefAdditions Code A DRAINAGE ',,, ", "" Code: 0377-92267-563700-539-000-0000 (e) DESCRIPTION INSTALL STORM INLET FDOT TYPE 4J MODIFIED INSTALL STORM INLET FDOT TYPE 5 INSTALL STORM INLET FDOT TYPE 9 W /SPECIAL CAST IRON GATE 3027 UNDERDRAIN TYPE CLEANOUT ON ROOF DRAIN 3033 INSTALL STORM SEWER 14" DIP 3034 INSTALL STORM SEWER 16" DIP 3035 INSTALL STORM SEWER 15" RCP 3037 INSTALL STORM SEWER 24" RCP 3040 INSTALL STORM SEWER 36" RCP ITEM 3008 3011 3013 QUANTITY 1 1 1 EXTENDED COST UNIT COST $ 6,700.00 $ 6,000.00 $ 3,000.00 UNIT EA EA EA 1 EA $ 10 LF $ 102 LF $ 107 LF $ 6 LF $ 72 LF $ Total 'Drainage' Item 550.00 135.00 145.00 125.00 180.00 290.00 Increases Code: 0377-92267-563700-539-000-0000 (C) $67,725.00 Increases Code: 0357-92267-563700-539-000-0000 (F) $13,320.00 ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 3005 INSTALL STORM INLET FDOT TYPE 3J (SUMP) PRECAST 1 EA $ 6,500.00 $ 6,500.00 3016 INSTALL YARD DRAIN TYPE 1 3 EA $ 1,250.00 $ 3,750.00 3026 STORM TRENCH REPLACEMENT 196 LF $ 65.00 $ 12,740.00 3032 INSTALL STORM SEWER 12" PVC 138 LF $ 155.00 $ 21,390.00 3036 INSTALL STORM SEWER 18" RCP 102 LF $ 145.00 $ 14,790.00 3038 INSTALL STORM SEWER 30" RCP 71 LF $ 225.00 $ 15,975.00 3044 CONNECT TO EXISTING STORM STRUCTURE OR PIPE 1 EA $ 1,500.00 $ 1,500.00 3049 STORM SEWER PIPE BEDDING NO. 57 STONE 44 CY $ 100.00 $ 4,400.00 Total 'Drainage' Item Increase $ 81,045.00 Item # 11 Change Order No.1 Page 6 of 7 PROJECT: Beach V\lalk Phases II, III, IV Additions Code: 0357-92267 -563700-539-000-000<UFl ITEM OEseRI!' 11 1\1 3051 STORM MANHOLE 6' DIAMETER (AWl 29) 3052 STORM MANHOLE 4' DIAMETER (AWl 24) 3053 MODIFY INLET B-ll DUE TO PROGRESS ENERGY CONFLICT 3054 INCREASED COST OF B SERIES STORM DUE TO CONSTRUCTION DRAWING REVISIONS 3055 STORM WORK AT THE INTERSECTION OF BA YW A Y AND GULFVIEW Attachment number 1 Page 6 of 7 Net QUANIlIY UNll UNIT COST - 2 EA $ 6,400.00 $ 1 EA $ 2,200.00 $ 1 EA $ 3,723.00 $ 1 IS $ 35,426.27 $ 1 IS $ 39,765.16 $ Total 'Drainage' Item Add $ cccc",/Increase/Additions Item Code "F" $ 93,914.43 107,234.43 EXTENDED COST 12,800.00 2,200.00 3,723.00 35,426.27 39,765.16 WATER ,,>>i,'> CODE: 0343-92267-563800-533-000-0000 "8" ITEM DESCRIPTION 5002 INSTALL W A TERMAIN 4" - PVC 5005 INSTALL W A TERMAIN 8" - DIP 5014 INSTALL WATER VALVE 4" 5034A RECONNECT EXISTING WATER SERVICES PIPING> 10 FT 0343-92267 -563800-533-000-0000 "8" $ 8,965.00 0376-92267 -563800-533-000-0000 "G" $56,560.00 DESCRIPTION INSTALL W A TERMAIN 2" - POLY INSTALL WATERMAIN 6" PVC INSTALL WATER BALL VALVE 2" - W /BOX INSTALL RESILIENT SEAT GA TE VALVE 6" DUCTILE IRON FITTINGS WATER CONNECT TO EXISTING WATER RECONNECT EXISTING WATER SERVICES PIPING < 10 FT REMOVE FIRE HYDRANTS RECONNECT FIRE LINE Increases CODE: Increases CODE: ITEM 5001 5003 5015 5016 5026A 5031 5033A 5036 5051 Additions CODE: 0376-92267-563800-533-000-0000 "G" ITEM DESCRIPTION 5052 8" GA TE VALVES 5053 4" PVC SLEEVE FOR 2" WATER MAIN ROAD CROSSINGS 5054 RELOCATE 2" BALL VALVES (SUNDIAL PLAZA REVISION) RECLAIMED :::::::r::::::::::: CODE: 0378-92267-563800-533-000-0000 "D" ITEM DESCRIPTION 5010 INSTALL RECLAIMED WATER MAIN 12" DIP 5032 CONNECT TO EXISTING RECLAIMED 5034B RECONNECT EXISTING RECLAIMED WATER PIPING> 10 FT QUANTITY 6 23 4 19 UNIT COST $ 70.00 $ 95.00 $ 1,400.00 $ 40.00 UNIT LF LF LF LF Total 'Water' Item Net' QUANTITY UNIT UNIT COST EXTENDED COST 533 LF $50.00 $ 26,650.00 61 LF $75.00 $ 4,575.00 4 EA $1,300.00 $ 5,200.00 1 EA $1,500.00 $ 1,500.00 22 EA $600.00 $ 13,200.00 1 EA $3,000.00 $ 3,000.00 3 EA $700.00 $ 2,100.00 1 EA $500.00 $ 500.00 2 EA $4,400.00 $ 8,800.00 Total 'Water' Item Increase $ 65,525.00 QUANTITY UNIT UNIT COST EXTENDED COST 19 EA $2,200.00 $ 41,800.00 140 LF $6.95 $ 973.00 2 EA $500.00 $ 1,000.00 Total 'Water' Item Add $ 43,773.00 ,,':/Increase/Additions Item Code "G" $ 100,333.00 QUANTITY UNIT UNIT COST 12.00 LF $ 100.00 1 EA $ 4,500.00 30 LF $ 40.00 Total 'Reclaimed' Item Item # 11 Change Order No.1 Page 7 of 7 PROJECT: Beach V\lalk Phases II, III, IV Attachment number 1 Page 7 of 7 RECLAIMED (continued) Increases CODE: 0378-92267-563800-533-000-0000 "D" ITEM DESCRIPTION 5007 INSTALL RECLAIMED WATER MAIN 2" PVC 5008 INSTALL RECLAIMED WATER MAIN 6" PVC 5009 INSTALL RECLAIMED WATER MAIN 12" PVC 5026B DUCTILE IRON FITTINGS RECLAIMED QUANTITY UNIT UNIT COST 4 LF $ 25.00 $ 33 LF $ 50.00 $ 25 LF $ 95.00 $ 12 EA $ 700.00 $ Total 'Reclaimed' Item Increase $ EXTENDED COST 100.00 1,650.00 2,375.00 8,400.00 12,525.00 RECLAIMED (continued) Additions CODE: 0378-92267-563800-533-000-0000 "D" ITEM DESCRIPTION 5047 4" PVC SLEEVE FOR 2" WATER MAIN ROAD CROSSINGS QUANTITY 28 UNIT UNITCOST LF $ 7.00 $ EXTENDED COST 196.00 Net "'fIncreasef Additions Item Code "D" $ 5,821.00 SEWER C:::':::r:',r:'::,:,:, CODE: 0378-92267-563800-535-000-0000 "E" ".TTTTTTTTTTTTTTTTTT." ITEM DESCRIPTION 5040 UTILITY PIPE TO BE ABANDONED IN-PLACE </= 10" DIA QUANTITY -270 UNIT UNITCOST LF $ 30.00 Total Sewer Item Decrease Increases CODE: 0378-92267-563800-535-000-0000 "E" for only $8,100.00 0376-92267-563800-535-000-0000 "H" $69,595.00 ITEM DESCRIPTION 5011 REMOVE AND REPLACE SANITARY - 8" 5038 UTILITY PIPE TO BE REMOVED </= 10" DIA 5033C RECONNECT EXISTING WASTEWATER SERVICE < 10 FT 5034C RECONNECT EXISTING WASTEWATER SERVICE> 10 FT QUANTITY UNIT UNIT COST 257 LF $ 175.00 $ 824 LF $ 30.00 $ 3 EA $ 2,100.00 $ 17 LF $ 100.00 $ Total Sewer Item Increase $ QUANTITY UNIT UNIT COST 193 LF $ 40.00 $ EXTENDED COST 44,975.00 24,720.00 6,300.00 1,700.00 77,695.00 Additions CODE: 0376-92267-563800-535-000-0000 "H" ITEM DESCRIPTION 5048 UTILITY PIPE TO BE ABANDONED IN-PLACE 10", </= 20" DIA EXTENDED COST 7,720.00 5049 REMOVE MANHOLE 3 EA $ 900.00 $ 1 EA $ 5,400.00 $ 202 EA $ 15.00 $ Total Sewer Item Add $ Net' , , ",,:fIncreasesfAdditions Item Code "H" $ 2,700.00 5050 RECONSTRUCT MANHOLE 5,400.00 5051 REMOVE UTILITY PIPE < 10" DIA IN TRENCH 3,030.00 18,850.00 88,445.00 SUMMARY Net Net:: ' Net' Net Net :: Net Net Net:'" ',: :/Increase/ Additions Code: 0315-92267-563700-541-000-0000 "A" : :/Increase/ Additions Code: 0343-92267-563800-533-000-0000 "B" /Increase/ Additions Code: 0377-92267-563700-539-000-0000 "C" ::/Increase/ Additions Code: 0378-92267-563800-533-000-0000" D" ::/Increase/ Additions Code: 0378-92267-563800-535-000-0000 "E" ,l/Increase/ Additions Code: 0357-92267-563700-539-000-0000 "F" ,:/Increase/ Additions Code: 0376-92267-563800-533-000-0000 "G" ":,/Increase/ Additions Code: 0376-92267-563800-535-000-0000 "H" $ $ $ $ $ $ $ $ (48.10) 5,821,00 107,234.43 100,333.00 88,445.00 Total Net, Jene:;:,;::,,:fIncreasefAdditions Change Order No.1 $ 301 785.33 Item # 11 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT f RECOMMENDATION: Accept a perpetual Drainage and Utility Easement over, across and under a portion of Lot 51, SUNSET HIGHLANDS UNIT 1, conveyed by Louis and Vera M. Biasi in consideration of receipt of $1.00 and the benefits to be derived therefrom. ( consent) SUMMARY: An existing drainage pipe transits the rear of the Biasi property outside of any dedicated drainage easement. The deteriorated drainage pipe provides positive outfall for a small lake surrounded by a number of single family homes. The subject easement grants the City sufficient right-of-way and authority to install a liner within the deteriorated pipe, as well as to maintain and replace the pipe as necessary in perpetuity. Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 3 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel I. D. No. 02-29-15-87714-000-0511 I~ DRAINAGE & UTILITY EASEMENT II FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, LOUIS BIASI and VERA M. BIASI, individually and as Trustees of the Biasi Family Revocable Trust U/AlD December 14, 1995, ("Grantor"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITIES EASEMENT over, under and across a portion of Lot 51. SUNSET HIGHLANDS UNIT 1, as recorded in Plat Book 41. PaQe 68 of the Public Records of Pinellas County. Florida, as depicted in EXHIBIT "A" appended hereto and bv this reference made a part hereof ("easement premises") This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees wjth Grantor that it shall maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein, Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. Item # 12 ,- ~ Attachment number 1 Page 2 of 3 Page 2 - Drainage & Utility Easement Grantor: Biasi Family Revocable Trust Grantee: City of Clearwater RE: 02-29-15-87714-000-0511 IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 28th day of February, 2008. Signed, sealed and delivered i~presence of" G/U ~ . vr1 c--... ~ITNESS signa ure OBeRT \T. MA-/lAr-- p~ ,.' ~~ Wj.INESS signat ~ ~/ZL- if/. Print Witness Name // //Y, q~~ Louis Biasi, individually and as Trustee of the Biasi Family Revocable Trust UAD 12/14/1995 ?/~ m.~ Vera M. Biasi, individually and as Trustee of the Biasi Family Revocable Trust UAD 12/14/1995 STATE OF FLORIDA. : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Louis Biasi, individually and as Trustee of the Biasi Family Revocable Trust UAD 12/14/1995, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth, and who [ ] is perso lIy known to , or who provided Ftp~CI;t/ ~~t L/cE'AJ-rE as identification. My commission expires: NO~UbliC. - St . of Florida ~/V ~~~( Type/Print Name !:)'\~::.:~O(t> EARL W, BARRETT ~.. . MY COMMISSION # 00 293214 * * EXPIRES: May 26, 2008 ..~ r. Jt>"" Bon4to ThnI audgft NoIaly Services ~OFf\.~' STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Vera M. Biasi, individually and as Trustee of the Biasi Family Revocable Trust UAD 12/14/1995, who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed for the use and purposes therein set forth, and who [ ] is perso Iy known to me, r [e{Who provided IU-I.(Ip/:J' ~yro bcCAAE.- as identification, My commission expires: Nom~S;Of ~ Type/Print Name (\~YPl.!9. .fil .......'f:t EARL W. BARRElT *4~ * MYCOMMISSION#DD293214 ~ EXPIRES: May 26,2008 ~ Of fIl1'" Bonded Thru Budget Notary Servicea Item # 12 Attachment number 1 Page 3 of 3 Scale !" 201 This is not a survey EXHIBIT" A" ~ NORTH I I "5 I SUNSET HIGHLAND Unit 1 ! ZI ~ I PB 41 Pg 68 i ~ I I Z I 50 I <( I I ---1 I Southwest Corner ~ i/:.O.~____~.~O~06.E __ s. U"~::t ::'~~\i s s... c::., ~ '0 95.00' ~ . l..; . 0 .... .... r- 1/e l.. Oll d ~"S. ,Of <1-9 P I ~ N89.20'06"W' A .....s.J<,,~ I ~1_-~_=---63.69-'-- -7------!:!?!t4l:!8"W __ ""'..sl'~......Jj zl S. Line 10' Esmt./ 45.07'- - __ : -, 1 >.1 \~ o~/ ~ I \ .$>. ."51 . ::> I tot.$> 1\ Co - <!' \U'. ."'JI <0 ~ I ~. \ t~ ~/~' ~ ~ 1 0::1 I \ 1 ~I \/ #1949 HIGHLAND A YENUE DRAINAGE EASEMENT Begin at the Southwest corner of Lot 50, SUNSET HIGHLANDS Unit 1, as recorded in Plat Book 41 Page 68 of the Public Records of Pinellas County, Florida, for a Point Of Beginning, run S 89. 20' 06" E, along the South line of said Lot 50, 95.00 feet to the Southeast corner of said Lot 50; thence run S 66. 55' 12" E, along the South line of Lot 49 of said subdivision plat, 4 t.51 feet to the Southeast corner of said Lot 49; thence run S 24. 37' 30" W , by deed as recorded in O.R. book 10967 page 2644 of the Public Records of Pinellas County, Florida, for a distance of 38.86 feet; thence run N 14. 45' 44" W, 35.05 feet; thence run N 79' 41' 18" W, 45.07 feet to a point on the South line of an existing 10 foot utility easement as platted in said subdivision, thence run along said easement line, N 89. 20' 06" W, 63.69 feet to the East right of way line of Highland Avenue, thence run N 00. 10' 09" W, along said right of way line, 10.00 feet to the Point Of Beginning. Containing 1797 Square Feet MOL ORA'" IY D. KING CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT LEGAL SKETCH DRAINAGE EASEMENT EASEMENT SECT-lWSP-RN; PART OF LOT 51 2-29S-15E SUNSET HIGHLANDS udftSf11 ff "frm"" ..... NO. LGL2008-D4 CH[ClCm BY 11M SHEET 1 OF 1 DAlE 2/26/2008 m~ Attachment number 2 ~~ r 80 ,~ - 92 93 L.L. 55 a 34 54 35 21/09 53 II 9 Ac(C) 52 ::> ~ <c c[ 40 Q It UJ ~ <:( Ld (!) 9 It 36 91 ~ 90 37 51 ,,, ~ 38 ~.' .'.' 50 4 iil 89 u ~~. 8 88201 49 39 87 48 3 2 86 85 84 1 41 60 RD iil u 81 82 83 27 80 1 2 3 95 EASEMENT LoeA TION OK .. e'fRAM DR 87768 iil iil~Y ;.er ~ \ 101 102 103 104 05 106 107 49 100 99 48 113 112 111 110 109 108 10 ., ',,- '<~ "..~ G 8 5 -- 4 9 3 11 2 12 1 "0 78 ~ 1 47 114 <:( 46 fLORARD KU Q 51 115 ~ 5 iil <:( 45 <:(/ / ..,J :x: 4 (!) W 44 116 a: 124 125 126 127 128 - " :x: 2- ~ 3 0 \ 'TIn........ 129 43 117 123 /\~ 131 "'-- .....J 2 42 · h.1_... 41 ~ ~:f/ 37 38 39 40 121 87 14 N \ 33 1;-- \i 15 79 J\ ----1 ~RlISE 77 t-- 76 13 75 14 74 F N W~E BAISI DRAINAGE & UTILITY EASEMENT Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~6-4755 Map Gen By: SF Map Document: (V:IGISITemplateslnew8 x 11.mxd) 11/21/2007 --10:45:40AM Reviewed By: EB Date: 2/28/2008 s em # 12 Scale: N.T.S. Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve a temporary parking lease agreement between Salt Block 57, LLC and the City of Clearwater and authorize appropriate officials to execute same. (consent) SUMMARY: . In order to further mitigate the loss of public parking from the south beach parking lots due to construction of Phase Two of Beach Walk, the City desires to temporarily lease property located at 430 South Gulfview Boulevard., Clearwater, FL, for the purpose of temporary public vehicle parking. . The facility will be unpaved with a milled surface, wheel stops and limited perimeter fencing. . The initial term of the lease shall commence on April 4, 2008 and continue until September 30, 2008 with an option to renew on a month-to-month basis. . Either party may terminate the lease by providing a thirty (30) day written notice. . Ninety-four (94) parking spaces will be available as an extension of the existing South Gulfview parking lot. . The City agrees to pay the sum of $120 per parking space per month due on the 1 st of each month beginning May 1, 2008. The total maximum annual lease amount will not exceed $135,360 (total monthly payment $11,280). . Initial costs to improve the site are estimated at $15,000 - $20,000. . Estimated monthly revenue per space is $225 (total estimated monthly revenue $21,150). . There will be no additional operating costs for staffing the lot. . Mid-Year amendments will increase revenue (0435-00000-344549) by $105,750 and increase rental costs (0435-01333- 544300) by $56,400 for payments to Salt Block 57, LLC. . Sufficient budget and revenue are available in Capital Improvement project 0315-92636, Parking Lot Improvements for the costs to prepare the property. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: Yes $76,400 Annual Operating Cost: Total Cost: to Appropriation Code 0315 -92636-562000- 545 -000 0435 -0 1333 -544300- 545 -000 Review Approval: 1) Clerk Amount $20,000 $56,400 Appropriation Comment Cover Memo Item # 13 Attachment number 1 Page 1 of 8 TEMPORARY PARKING LOT LEASE THIS LEASE is made and entered into this day of March, 2008, by and between SALT BLOCK 57, L.L.C" a Utah limited liability company, 1001 East Atlantic Avenue, Suite 202, Delray Beach, Florida 33483, herein called "Lessor", and The City of Clearwater, a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called "Lessee". WIT N E SSE T H: WHEREAS, Lessor has ownership of and control overthe use of that property located at 430 South Gulfview Boulevard, Clearwater Beach, Florida 33767; and WHEREAS, Lessor desires to lease portions of such premises; and WHEREAS, Lessee desires to use such premises for public purposes; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Lease, Lessor and Lessee hereby agree as follows: 1. TITLE. The title of this lease is the Temporary Parking Lot Lease ("Lease"), 2. TERM. The initial term of this Lease (Lease Term) shall commence on April 4, 2008 (the Commencement Date) and continue until September 30,2008, unless terminated earlier under Paragraph 15 or 16 of this Lease, Lessee may at its sole option extend the Lease Term on a month-to-month basis upon the same terms and conditions provided herein, so long as Lessee initially exercises this option not fewer than sixty (60) days prior to the end of the Lease Term and thirty (30) days prior to the termination of any subsequent month-to-month extension of the Lease Term. During any month-to-month extension of the Lease Term, either party shall have the absolute and unconditional right to terminate this Lease by giving thirty (30) days written notice to the other party, 3. RENT, Lessee agrees to pay the sum of $120.00 per parking space, together with all applicable sales and use taxes, monthly during the Lease Term, the first payment being due on May 1, 2008 covering the rent from the Commencement Date through the month of May, 2008, and on each subsequent month payment will be made on the 1 st of each month. Lessee agrees to lease a minimum of 94 parking spaces. 4. REAL ESTATE AND PROPERTY TAXES. Lessor agrees to pay all real estate and property taxes due on the property during the term of the Lease, 5. LEASEHOLD. The Lessor leases to the Lessee the following described property ("Demised Premises"), including all improvements thereon, located in Pinellas County, Florida, to wit: A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF Item # 13 Attachment number 1 Page 2 of 8 THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO, 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE, 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 770 41' 16" WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS -1247.0 FEET) AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING - SOUTH 19007' 51" EAST); RUN THENCE NORTH 680 55' 27" EAST A DISTANCE OF 402.14 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76 FEET (CHORD - 235.0 FEET, CHORD BEARING - NORTH 200 17' 10" WEST) TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT-OF-WAY MARGIN OF GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND ALONG THE WEST RIGHT-OF-WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH 200 17' 10" EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN: THENCE RUN SOUTH 680 55' 27" WEST FOR A DISTANCE OF 402.14 FEET TO AN IRON PIN. SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 190 07' 51" WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 7r 41' 16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT OF BEGINNING. 6. USE OF PREMISES. Lessee shall have the use of the Demised Premises as a temporary parking lot only and for no other purpose during the Term. Lessee covenants and agrees to make no unlawful, improper or offensive use of the Demised Premises. Lessee shall have unfettered access to the Demised Premises starting on the Commencement Date for the purpose of setting up the Demised Premises for its intended use as a temporary parking lot. Lessee agrees not to use or permit the use of the Demised Premises for any purpose that is illegal or is in violation of any applicable legal, governmental or quasi-governmental requirement, ordinance or rule, or that, in Lessor's opinion, creates a nuisance or injures the reputation of the Lessor. At the termination of this Lease, Lessee agrees to return the Item # 13 Attachment number 1 Page 3 of 8 Demised Premises, including all fencing and gates, to Lessor in as good condition as at the effective date of this Lease, subject to normal wear and tear. 7. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised Premises in a clean and orderly condition. By taking possession, Lessee accepts the Demised Premises as being free from defects and in good, clean and sanitary order, condition and repair, and agrees to keep the Demised Premises in such condition, ordinary wear and tear excepted, so long as the Lessor warrants that the Demised Premises, to the best knowledge and belief of Lessor, is structurally sound for the intended use as a temporary parking lot. Lessee shall, at its expense, keep and maintain the Demised Premises in good order and repair and not commit or allow any waste to be committed on any portion of the Demised Premises. Lessor shall not have any responsibility to maintain or repair the Demised Premises. 8. Repairs and Improvements; WARRANTY OF STRUCTURAL SOUNDNESS. a. Lessee agrees to make those improvements described in the "Proposed Inventory" section of Exhibit "An at Lessee's expense (the "Work"). The following shall apply with respect to such alterations: (i) prior to the commencement of the Work or the delivery of any materials to the Demised Premises, Lessor understands and approves of Lessee conducting the Work, and the Lessee shall provide Lessor proof of self-insurance; (ii) all such Work shall comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the Demised Premises, and shall be done in a good and workmanlike manner and with the use of good grades of new materials; (iii) without limitation of the other provisions of this Paragraph 8, Lessee agrees not to suffer any materialman lien to be placed or filed against the Demised Premises. In case any such lien shall be filed, Lessee shall immediately satisfy and release such lien of record. If Lessee shall fail to have such lien immediately satisfied and released of record, Lessor may, on behalf of Lessee, without being responsible for making any investigation as to the validity of such lien and without limiting or affecting any other remedies Lessor may have, pay the same and Lessee shall pay Lessor on demand the amount so paid by Lessor, and (iv) if any item within the scope of the Work exceeds the estimated cost, or if funding is not available, then Lessee may, at its sofe discretion, modify or decide not to make that particular improvement. b. Any improvements installed by Lessee will be removed by Lessee, and Lessee will return the Demised Premises to its original condition at the expiration of the Term, excepting only reasonable wear and tear arising from the use thereof under this Lease. 9. UTILITIES. There presently are no utility services on the Demised Premises and Lessor shall not be obligated to provide any utilities. 10. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon observing and performing the covenants, terms and conditions required by this Lease, Lessee shall peaceably and quietly hold and enjoy the Demised Premises for the Term without hindrance or interruption by Lessor. Item # 13 Attachment number 1 Page 4 of 8 11. INSURANCE. Prior to taking possession of the premises Lessee shall provide proof of self-insurance against claims for injuries to persons or damage to property that may arise from or in connection with this Lease. If Lessee allows any insurance required under this article to lapse, Lessor may, at its option, take out and pay the premiums on the necessary insurance to comply and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure and maintain the insurance. Lessor shall not be required to maintain insurance against thefts within the Demised Premises or any other insurance. Lessee shall, at Lessor's request from time to time, provide Lessor with proof of current self-insurance evidencing Lessee's compliance with the terms and requirements of this Paragraph 11. 12. LESSEE'S INDEMNITY. Lessee agrees to assume all risks relating to the Demised Premises and all liability therefor, and shall defend, indemnify, and hold harmless Lessor and Lessor's Related Parties (Le. Lessor's beneficiaries, mortgagees, stockholders, agents (including, without limitation, management agents), partners, officers, servants and employees, and their respective agents, partners, officers, servants and employees) from and against claims arising out of, or because of, or due to negligent act or occurrence or omission of Lessee, its agents, employees, guests, or invitees. Lessor shall not be liable to Lessee, or to Lessee's agents, servants, employees, customers, or invitees for any injury to person or damage to property caused by any act, omission, or neglect of Lessee, its agents, servants, employees, invitees, licensees or any other person entering the Demised Premises under the invitation of Lessee or arising out of a default by Lessee in the performance of its obligations hereunder. If any damage to the Demised Premises or any equipment or appurtenance therein belonging to Lessor results from any act or neglect of Lessee, its agents, employees, guests or invitees, Lessee shall be liable therefor, and Lessor may, at Lessor's option repair such damage, and Lessee shall, upon demand by Lessor, reimburse Lessor the total cost of such repairs and damages to the Demised Premises. If Lessor elects not to repair such damage, Lessee shall promptly repair such damages at its own cost. However, nothing herein shall constitute a waiver by Lessee of its sovereign immunity and the limitations set forth in Section 768.28 Florida Statutes. 13. DAMAGE TO PREMISES. If the Demised Premises is damaged by fire or otherwise to such extent so as to interfere with its use by Lessee, the rent payable for the period commencing on the date on which Lessee gives Lessor written notice of such damage, and ending on the date on which restoration of the Demised Premises is completed, shall be abated in the proportion which the parking space made unusable bears to the parking spaces leased to Lessee prior to the damage. If the Demised Premises is totally destroyed or rendered untenantable, Lessor shall have the right, but no obligation, to render the Demised Premises tenantable by repairs within thirty (30) days from the date that insurance claims of Lessor and Lessee shall have been settled and Lessor shall be free of all restrictions as to proceeding with the work of repair or rebuilding. 14. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the written consent of Lessor, which consent may be withheld in Lessor's sole discretion. It is understood and agreed that Lessor may, at any time, with thirty (30) days notice, assign or delegate any or all of its rights hereunder. Item # 13 Attachment number 1 Page 5 of 8 1.5. TERMINATION BY LESSEE. This Lease shall be subject to termination by Lessee in the event of anyone or more of the following events: a, Material default by the Lessor in the performance of any of the terms, covenants or conditions of this Lease, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. b. Lessee is subject to annual budgetary appropriations, and if Lessee's City Manager determines that such funding is not available, then Lessee can terminate within thirty (30) days written notice to Lessor. 16. TERMINATION BY LESSOR. This Lease shall be subject to termination by Lessor in the event of anyone or more of the following events: a. Nonpayment by Lessee of payments required in this Lease or failure to timely comply with the terms or conditions of this Lease. b. Lessor determines that the Demised Premises is so extensively damaged by some casualty that it is impractical to repair such Demised Premises. 17. NOTICE. Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: If to Lessor, addressed to: Mark Walsh 1001 East Atlantic Avenue Suite 202 Delray Beach, Florida 33483 Copy addressed to: Richard H. Critchfield, Esquire 1001 East Atlantic Avenue Suite 201 Delray Beach, Florida 33483 If to Lessee, addressed to: Michael D. Quillen Director of Engineering City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 Copy addressed to: City of Clearwater City Attorney P.O. Box 4748 Clearwater, Florida 33758-4748 18. SUBORDINATION TO MORTGAGE. Lessee accepts this Lease subject and subordinate to any mortgage, deed of trust, or other lien presently existing or hereafter arising upon the Demised Premises, and to any renewals, modifications, refinancings and extensions thereof, but Lessee agrees that any such Mortgagee shall have the right (without seeking or Item # 13 Attachment number 1 Page 6 of 8 obtaining Lessee's consent) at any time to subordinate such mortgage, deed of trust or other lien to this Lease. Lessee agrees to cooperate and execute and deliver such further instruments subordinating this Lease or attorning to the holder of any such liens as Lessor may request within fifteen (15) days of the date of such request. Lessee shall be responsible for all costs, including, without limitation, attorneys' fees, incurred by Lessor in connection with any changes Lessee requests to such subordination and/or attornment instruments. 19. TIME OF PERFORMANCE. Except as expressly otherwise herein provided, with respect to all required acts of Lessee, time is of the essence of this Lease. 20. TRANSFERS BY LESSOR. Lessor shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in the Demised Premises and property referred to herein, and in such event and upon such transfer Lessor shall be released from any further obligations hereunder, and Lessee agrees to look solely to such successor in interest of Lessor for the performance of such obligations, except those obligations of Lessor with respect to which a default exists as of the effective date of such transfer or assignment. 21. ATTORNEYS FEES. In the event that either party seeks to enforce this Lease or to interpret any provision of this Lease, by law or through attorneys-at-law, or under advice therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney's fees from the other party, in addition to any other relief that may be awarded. [Signature page follows.] Item # 13 Attachment number 1 Page 7 of 8 NESS WHEREOF, the parties have authorized the below signed officers to execute on the date first above written. '-......,. Prin am. tC If?+CV .[ 1LttCfE..t:) i(~~\0~ Print Named<'.o....-tlr...,. j "t\ S ."'))0 ll.~ Countersigned: Frank V. Hibbard Mayor 2 SALT BLOCK 57, L.L.C., a Utah limited liability company By: By: Print Name: Title: / ~ I CITY OF CLEARWATER By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 13 \ "E~HIBIT A" \ \ . CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT SALT BLOCK 57, LLC Attachment number 1 Page 8 of 8 ~ 930' CHAIN UNK fENCE t ABANDONED UllUTY t ABANDONED REBAR/PVC UllUTY PROPOSED 94 WHEEL STOPS 23 JERSEY BARRIERS (12' WIDE) 626 CUBIC YARDS MILUNGS 276'% BERM 24' CHAIN LINK FENCE REMOVED REMOVAL OF 30" EXISllNG UllUTY AT SURFACE LEVEL ..... or DA" 8W 03/18/08 ........ or .... NO. HP N/A _or SHEET 18 t OF 1 \'ED BY: SUPERVISING ENGINEER Item # 13 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Councilmember Cretekos as Vice-Mayor. SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 14 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Mark Flickinger as the Pinellas Arts Council representative and appoint Sarah C. Butz as the artist representative to the Public Arts and Design Advisory Board with the terms expiring on March 31, 2012. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Foundation and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation CHAIRPERSON: Joshua Bomstein MEETING DATE: Not less often than quarterly TIME/PLACE: Determined when called APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Mark Flickinger - 2912 11 th S1. N., S1. Petersburg, FL 33704 - Public Art Program Director Office: Pinellas County Arts Council, 13805 58th S1. N., Suite 2450, 33760 Original Appointment 04/06/06 o Absences (Pinellas County Arts Council) Interest in Reappointment: Yes (term expires 03/31/08) Cover Memo 2. Davida Milne - 1536 Cleveland S1., 33755 - Artist Item # 15 Original Appointment 04/06/06 (Artist) Interest in Reappointment: No (term expires 03/31/08) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Sarah C. Butz - 2839 Anderson Dr. N., 33761 - Graphic Artist (Artist) Zip codes of current members: 1 at 33755 1 at 33759 1 at 33761 1 at 33763 1 at 33764 Current Categories: 3 Citizens 1 Architect 1 Clearwater Arts Foundation Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ,N\(J{K. "F"hck'''5t'J Home Address: ~ + Office Address: ~ 2 9J 2 II s. ~, t3 505 S'B 51. N.. .su ;+~ .2i.5o ~.\-, Vefers'oV10 "I '('L Zip 3J70~ ('Jea(LA.JtLt~( I FL Zip 337bO Telephone: 1 J-l- "q ~ - 'if ~ 0 () Telephone: 7 J.. f - Y S3 - 78 b i How long a resident of Clearwater? 1\ I a. Occupation: t' u\ k. F\rt l' r.~P': 1). (,do, Employer: f, n' \ \.. s ( () _ Ac ~~ c'u "C, I Field of Education: Other Work Experience: El"\v\roY'\t\\e~f ~ De<)~()~ ~ t>k. '0, ~hc J\,{ ~ Co 1- "",-1 s:"-f = ~ ( t,i u 1u ( e - M LA "- -; f\{f- \J_~J J ,,--j~ A.-\~ If retired, former occupation: Community Activities: ~ e ~-{ e(' I 1) 4 <11 G-<2. Other Interests: Aft) 'f.. "'-v'\ e() '" ~~+~ ~ -fa-\- -ec... +10 V"\. Board Service (current and past): Board Preference: Ifd) Fl. ~A5 ot Sa J""n ? .uk-I -rut S irA) Az-- (~\e5~1 0 r ,JaAc.,~DC(A\o~ t?T 7 J\\'.c. J\(t ~LM"\..\.\ l)ic-AZ)(s Additional Comments: Jt.,,-,,"k-s ~f -{I,:\~ arC or+\lv\.;~ ,I Signed~ --! ?U(j , Date: ;J1d/V~ I/; 2()Ob ) 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. RECEIVED k~;< 2 7 2006 OFFICiAL RECOrwS AND lEGISLATIVE SRVCS DEPT Item # 15 Attachment number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? K e v ~l e uJ t uv\. D\. ~-e.. U- C-~l1'-\. e'^ 1 c(h 0 '" <; D '" -f { /2 :~f!! 1M.- f'D t'l ~ -\ C. f S I '" yt \'\ vo.1 , A ,. I \( r (t"" S I a ",-1. ~r eL. y:: C f' f 0:) Cd. ""'- a.~ f' ",\01. c. a..i f [Q j<' d 5 , 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? t ~~ 3. Wnat background and/or qualifications do you have that you'feel wOUld qualify you to serve on this Board? Cur \~~~ :5 eI J e. a.. C, fA ~ (e.L -to l of ~ ? J\L. 'O~rt i De~I~ r.(~I'l~ 'for ~ l (1-\ -e.-\\a.~ Co \.)~ _ ~{S Cov~~~ ( . 4. Why do you want to serve on this Board? ~CYCl+'-'\~ ~[ V 0 \ 6 t -r' 0 0 fJ\. VVl , --\.0 be ~ On. ~ r V\.eC-v> ~ J \, \"v A{"t 0.... Name: M fA .( k F \ ~ c k-~ ~-e ( Board Name: Mo..l \( PI ;<--H~( Item # 15 3-14-08; 12:48PM;PARK AND RECREATION ;7275624825 # 2/ 3 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) RECEIVlED MAR 1 4 2008 Name: ~A ~~0 H t ,13 J'1 Z-- Home Address: ~r;'~q kNDfrZSDN D~. (\1 CAA~ {he.. WJ;((~]'l.. Zip:) $1 & L Telephone: 1 t 1 - 11b " t.f ~ 0 0 How long a resident of Clearwater? --11 Vf ('~ . Occupation: q Y' fA, P hA..- c. Cvrfl j r Field of Education: rbA - eNr,Id~~ - V N I V. Of/ VA, e~A -SIJ~vkif O~$16N' GA. slife u/V,v Office Address: OFI=ICl~RECORDS AND J 1= G..t ~LA 1/\'E SRVCS DtP'f Zip Telephone: Employer. Other Work Experience: ~n gf'@ WrtL-Mri(dl(& e1Vl(6l.ffJ~' ~r leA c~@ Yo urJ-t. AfUrs' tf)~f) If retired, former occupation: Community Activities: &/f, L S[o Uf<; I e-X~( ('Of) fU>, NAil; (2..- 'j/tJ It.- CoN v'81l.&'-e:Na2 ~ Ii ]7(>4 @ (' 0 uJ'1lfl-, ~ i f()'f ttf;. I v' u L.-tJ N rb't~ oP"~Y{;)W}L 'Zrfl) ~ @ errs Other Interests: rexll L..e tkf'~ C L E A.R... WI)... Tt: (G IJAGANO EY..(JIAMC-rF' Pf2t::krT<NV\ Board Service (current and past): Board Preference: NON ~ .p () BL-I t ktf" i. l> t;;~ I bAle. 0 M.b Additional Comments: Signed:~~ Date:~cA. \3, ~-D V r 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 # 15 3-14-08; 12:48PM;PARK AND RECREATION ; 7275624825 Attachme~t number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? . ~V ao p 't.l.zit{( W Ih1?rZ~ (J.,(}Tl:>b~l.- fJo.-t.. -r r L-A-N - [-~CO vttMs~ ~n~1""> "PA-cVI<C I P A-"'ll 0 tJ t ~~Co (\.It ~'1:> n-~ R DuCl1"'e 11ft C () ~l \U V N, 'I'( k60 U'f rDAJ-r~ kYL'l -t{ , . c,~~~ 1'kiC1\C-i 'P~'O,J 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? nO 'f c{ l1~t h G\. \J -e (= a:.....b Ie. I _ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? fJIt 11ft L-At,f 3 ~r-S. r hAW uJ [) v-fc..e.{ aJs t( I>1?A (3(J~,vi. ~~~ @ COl1i\1ll'-$~lr.>"G ~~ ~rl-1HL,"[0 130]1J1l'l7Y.~ nt1J"JJ OP1J1b Q:/~r)L. ~. ve \'$\r~-ttP4~ t\ ~.'~ b~' ~ ~~ ,{U LA) ~ ~ ~ it.e ~ A IJ - ""1'r7 h -r- 0 t.L-rJ-o e< - . I .J..L _ . , ("d_\ v~ ~ ~ e.N.-Q...( e.. aA(. I. hiA.V t: fQ<U!..1A . \~ lA.tL~t)y\ \ W\)rft~ lNi~ -iLrde- 'i301 <;x:c~, vJ ~ brfV ~ _ ~ N- ctGfls 4. Why do you want to serve on this Board? '( Yw. c y Z.Ct.....~ Q.)J.) ~~ I See 1'1' ~ ~ +e..i.-, L.... .J ~ -tv ~~ rv c;; r t.-t. ~ q,rf w a-ul tit ~ t~ ~~ I ...~ ~,~t'l-fvv-cd. . V' ~ .0- ~il-cL- of UJ',t II k~ 1 e.s. t'( A '"J) Q-:1 e.-.....:;\- Jo&-<~. 1- cAl"."JLL WCL, to k Ii- -p~ of "'^- C<-~ ~"--~<1y- G-. lu-t.~ ~I'" e~~~~,\ cv--,;t ~ ~.;. o-f"'-..CL.. Name: SA<<.A1+ c. - \3 V T L- r - , Board Name:'fu6l-/C huT ~ 1& N Item # 15 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Request for authority to institute a civil action on behalf of the City and the Community Redevelopment Agency ("CRA") against Bruce Balk, The Balk Company, Inc., and Mediterranean Village LLC, to enforce the contract between Mediterranean Village, LLC and the CRA. SUMMARY: On March 4, 2002, the CRA entered into an Agreement For Development And Disposition Of Property ("Development Agreement") that provided for the conveyance of certain downtown property and the subsequent development of "Mediterranean Village in the Park" thereon. Due to a default by the developer, the Development Agreement terminated in accordance with its own terms. Multiple attempts have been made to persuade Mr. Balk, as representative of Mediterranean Village LLC, to execute a recordable Termination Certificate as contemplated and required by the Agreement. Mediterranean Village, LLC has refused or failed to execute the Certificate. As a result, a cloud currently exists on the title to the subject property which must be cleared prior to the conveyance of the property to a third party. The legal department requests authority to bring a legal action against Bruce Balk, The Balk Company, Inc. and Mediterranean Village, LLC to enforce the contract and/or quiet title to the property commonly known as Mediterranean Village, Stages II, and III, as more particularly described in Exhibit "A-2", and Exhibit "A-3", respectively, of the Development Agreement in order to proceed with future development. The costs relative to this action will include a $255.00 filing fee and fees for service of process of approximately $100.00. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: None $355.00 $355.00 10/01107 to 09/30108 Annual Operating Cost: Total Cost: $355.00 $355.00 Appropriation Code 0-010-09600-548000-514- 000-0000 Amount $355.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 16 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve Recreation Greenways Trails Program (RGTP) project grant agreement for Kapok Spur Trail Project, in the amount of $40,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. SUMMARY: The City has been awarded a matching RGTP grant of $40,000 to assist in the construction of the Kapok Spur Trail. This trail begins at the western side of Kapok Park and travels west through Cliff Stephens Park and concludes at the parking lot for Cliff Stephens Park. This trail was to be part of the original Kapok Park project but funds were not available to complete it. The trail will be designed in a manner similar to the existing Kapok Trail with 10 foot wide asphalt with 6 inch header curbs and will be constructed in a manner to accommodate bicyclists, joggers, roller bladers and walkers. Other elements of the project will include improved access, benches, water fountains and signage. The trail has been designed and will go out to bid once the grant is approved, with a projected award date of June, 2008. Funding for the entire project will come from this RGTP grant of $40,000 and $110,000 available in the Recreation Trails CIP 93272. No additional operating impacts are needed to support this project. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $150,000 $150,000 2007 to 2008 Annual Operating Cost: Total Cost: 0.00 $150,000 Appropriation Code 315-93272 315-93272 Amount $110,000 $40,000 Appropriation Comment Funds from existing balance in project. Funds from RGTP Grant. Bid Required?: Other Bid 1 Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 17 ~ - . .. _..---:: -~ ,- !~ 1:. !' ~ ~ =- ~ml ~~ ~~.. ~~~ Attachment number 1 Page 1 of 18 w . . ~ :!:! -- --- ~ .,----- L Item # 17 ..- . . & lis lID ~-~'-~ 1:.~ = :9 =..: = - Attachment number 1 Page 2 of 18 ~I Item # 17 *= ~~ . . . &t ~ T~-~'-----:--- - ~- !!!I!:~ ~ Attachment number 1 Page 3 of 18 . ~ Ul rOIl II L L It ~ ilL Item # 17 ~- II -- ... ~II ~ ~.!l!"'l!! =- ~!IHE .~~- ~mlll~ ~~-==- :- Attachment number 1 Page 4 of 18 ~~r-.0~..~?f..;JJ"'\~.1".,~~.>r~.~. ~,.~.{": 1.;; ~:..:.:~~~~~.~~'~>. r;; ~ (li ~ ~ I } ~~~~ :~..... :..~l~::--J K../~~~.::r~))::~.:;.~~t~~:~.]~~~~ Item # 17 ]I,!!! ~~i .!!.:: ~ __~'"'._ . II h ~ I~B ~ =-=- ~~I':::= ~1:Jl =~~ = ~.F=. ~. 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Item # 17 ~- I;"~---=::' ~ ~!. .~ R--~-=- ~~ 'l!1~tlm ;~:~v -= = =!?! -.!I=~- Attachment number 1 Page 13 of 18 r,.' . fl!l . 'l.ZtTT~zTt~mtlr:4X;;~G8.try' :I ~ ... Item # 17 . = ~_.-;:~ =s; ~& !T ~.",.~ - Il Attachment number 1 Page 14 of 18 dII_ . ~:3 ~g ~ ~I. ~.Qr~.. ~:(.. .L~~~ {~~K~~ ~~: ~?<,~_~~~I (: <~r .~~ :0~~ >>~-\f~; . f::<\ r(~.~.~: ~;:i>.:;~~.:r~.~~!~~; . ~ ') ~i) l~~-~.~ l~.~ I ~~.: -; t~_~I~~ 1/ :~:- .~. i':r~. . ~:=={~~: ~r~~;5/:}~' ; ). 6J I . II . dl Item # 17 !1 ~ =-= -=---- - ~ ti:l_ - -~ l!!! ~ ~ ~ ~i I~ t!---.- Attachment number 1 Page 15 of 18 .. }; b.' ~ ~~ .~j;:~~~~ ~.}(,~.Y.:~.:;'~.~..{I~~~~i.~~~.~0. ~>" l~~~_~.i~~~ ~j ..>~~)_~;~~~i --~~}1~~ ::~~~:::-~1.!;.~~]\~{'$~~:.'~.~ ~-... ~:{t~;;fJ:$~;1~~~ ~}~ ~~~ ~~.i~~ft~{~I.i: ) $:0\"" ..~)b~~~~.j.;;i.~..~~. .i~~~.~l?~1~ . ;r\(]j~jit~~~(~. ". ~t; f1~ :., ~?~~t~~~?~~: ~~~~ ijll I.. L ~.~ L . Item # 17 ~ - - ~ -- II IJ -~~~ ~ = --- - ~~!~~ ~~~ Attachment number 1 Page 16 of 18 L ~~ _j~llm~~li m II !I ~t ~.~~F/';;}~{\Ji...:J0..~J~t....~~~)]* ~~~j~{. ~:,~i~~t) ~ ~~~J!?~~: ~,i~~S;"-J~.., ~:~/E~~.~;S:~~'T~~~~/~;~.i~ vi:;r~;:~(0rst'~. .t~t!y~~.~~~~.r~ .ff;} L Item # 17 r=- =--- =- ~ ~-=- --- -= ~~IR!:IU ~~!9 - ~~:::-: ~ Sf 1 ~til :J',~ ~-Ii......., _ Attachment number 1 Page 17 of 18 II II II .~.~-g.~ l~t~1.~ ~~.{~~.)l~. .~~~~::.:~;I:I ~~r~p^.:r..{,}~~. ~~i.f~f}.:..: ::.~!.v~.~. : ~<r(!~}~ .~.:. -~~~~:~~~.~A..~~'f.A~~.-;;.(~j~4~):;~,(ri }}._~.,~ V~)~0 .~~~j:J }~.:\ ?~i~<J7.-", ~ Item # 17 ~= -=- = = .:"- .:--: _ __~~L~tn;L~ ~~r '!!:M~lti---- =- Attachment number 1 Page 18 of 18 I Item # 17 ~ f"_ a Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize the execution of a Joint Participation Agreement (JP A) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar at the Clearwater Airpark and authorize an interfund loan from the Central Insurance Fund to the Airpark in the amount of $101,357 to be paid back over 5 years at the cash pool earnings rate and adopt Resolution 08-03. SUMMARY: The FDOT has agreed to provide 80% reimbursable funding to construct a new 9600 square foot multi plane hangar at the Clearwater Airpark. This will generate approximately $32,400 per year back to the city in rental revenue. This project is estimated to cost $506,788. The FDOT will reimburse the city $405,431. The Airpark Fund will borrow $101,357 from the Central Insurance Fund and will pay back the loan during FY08-FYI2 (5 years) with the first partial year being interest only (until construction is complete and the project begins generating additional revenues). Interest will be at the cash pool rate (FY07 rate was approximately 5%). The maximum annual debt cost is expected to be $30,000. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Interfund loan from the Central Insurance Fund. Current Year Cost: Not to Exceed: For Fiscal Year: 2,534 101,357 FY08 to FY12 Annual Operating Cost: Total Cost: 101,357 Bid Required?: Other Bid 1 Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, TO CONSTRUCT A NEW MULTI PLANE HANGAR AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding to construct a new multi plane hangar at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 414342-1-94-01, Contract No.: AOU60, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Participation Agreement between the City and the State of Florida Department of Transportation, Financial Project No.: 414342-1-94-01, Contract No.: AOU60 at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank Hibbard Mayor Approved as to form: Attest: Camilo Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution Nte oo#l 31 8 Attachment number 2 Page 1 of 1 City of Clearwater Airpark Hanger Loan Amount Borrowed 101,357 Interest Rate 5% Payment 30,000 Total Year Interest Principal Payment Balance 101,357 FY08 2,534 2,534 101,357 interest 0 FY09 5,068 24,932 30,000 76,425 FY10 3,821 26,179 30,000 50,246 FY11 2,512 27,488 30,000 22,758 FY12 1,138 22,758 23,896 Item # 18 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve amendment to Chapter 33, Section 33.059 (3) of the Code of Ordinances to define the length of stay for vessels at City owned public docks and pass on the first reading Ordinance 7927 -08. SUMMARY: On February 25, 2005, the City of Clearwater entered into a Public Dock Project Agreement with the owners of the Island Way Grill at 20 Island Way on Island Estates to build a floating dock system. The system consists of a main dock and five fingers providing nine boat slips, one of which is ADA compatible. Two ingresslegress methods are provided: a single ramp for non-ADA individuals and a two-ramp (double-back) for ADA individuals. Access to the mooring facility is via a concrete sidewalk that connects the mooring facility to the City sidewalk adjacent to the Island Way Grill restaurant. The owners of the Island Way Grill built the docks at their own expense and donated, via a Bill of Sale, to the City all ownership interest and rights to the docks. The docks are for public use only, on a first-come, first-served basis. The docks are to be used for non-commercial use and are not to be used for bait sale, vending, or overnight docking. Unfortunately, overnight docking has become a problem that needs further definition by code in order to be enforced. The new development agreement between the City and the Residences at Sandpearl Resort contains the necessary language defining the permitted usage period of the public boat slips. Boats are not permitted to occupy the City Slips during the period each night between 10:00 p.m. and 8:00 a.m., except in an emergency or as authorized by the City Harbor Master. We wish to add this time frame to the City Code of Ordinances in order to ensure boaters do not stay overnight at public dock facilities, unless authorized by the Harbor Master, who is also given the discretion to define an emergency or extenuating circumstance. Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7927-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.059 (3), CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO DEFINE THE LENGTH OF STAY FOR VESSELS AT CITY OWNED PUBLIC DOCKS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.059 is amended to read: Sec. 33.059. Prohibited mooring, beaching or placing of vessels. (1) No vessel of any kind whatsoever shall moor to or tie up to a private seawall or dock or be beached upon private property within the city limits without the permission of the owner thereof. (2) No vessel shall be moored or otherwise placed in such a manner as to impede, restrict, or otherwise interfere with the use of public docks, launching ramps or other public waterfront facilities. (3) No vessel shall be permitted to occupy the City-owned Island Way Grill non-leased public dock slips durinq the period each niqht between 10:00 p.m. and 8:00 a.m., except in an emerqency or as authorized by the City Harbor Master. The Harbor Master will determine whether the circumstance constitutes an emerqency. (4) No vessel shall be permitted to occupy the City-owned Recreation Center (Sand Pear!), non-leased portion of the public dock slips durinq the period each niqht between 10:00 p.m. and 8:00 a.m., except in an emerqency or as authorized by the City Harbor Master. The Harbor Master will determine whether the circumstance constitutes an emerqency. {Jf @.LVessels in violation of this section shall be subject to a fine, possible removal or impoundment by the City, and costs incident thereto shall be borne by the owner. 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: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 19 Ordinance No. 7927-08 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Appoint one member to the Municipal Code Enforcement Board to fill the remainder of the term expiring on October 31, 2008. 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: 1 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. William J. McCann - 1563 Turner St., 33756 - Professional Engineer (Mr. McCann was appointed at the March 6th council meeting, but has recently passed away) 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. 3. Louise C. Riley - 1620 Drew St., 33755 - Financial Planner (Retired) Zip codes of current members: Cover Memo 1 at 33755 Item # 20 1 at 33756 2 at 33761 1 at 33764 1 at 33767 Current Categories: 1 Banker (Retired) 1 Business Manager (Retired) 1 Realtor/Investor 1 Computer Systems Analyst (Retired) 1 Real Estate AcquisitionlDevelopment 1 Civil Engineer Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 1 FES 21 2[m~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: <) .'l:t-U L i::: L- L- l ,-, ,) Employer: Other Work Experience: CI ; j-:: b /2... /JA-FE'3 '*' ~ /)1/7/ tv /J IX/.{lr 1/ C- ~5 c/< V (' E ~'- If retired, former occupation: :;z; '7cf?,O/\ j)G.5/W _tJu/JlRu(fofZ /::zJR- /1 I-l (- E <.;' .Jf Community Activities: DESIGN C&~tt(1;\, \ Ti\:::"E .' SEA-- U.J/}LL- convV] / tTEe I tIt - V'~E-~\ j)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 /YlI..>'S' . i 10 .i- !vTER I,) i~ r:>W~,NAJiN6- I) ESf6-;V Board Service (current and past): -. Board Preference: t /)( C E /J Fe' 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 '=- AR4--1 ~l A/IPFt1R;;~: /,1/ tFtifOpu ErC/:.j4/UGC- _..f'iE~t-4/C6' Signed: "-, / /'/' .J", " - ~ . /' ( / /-t/VL/ //~~., '--.....' Date: i"1 / , 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 # 20 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 $' I' t''';; Ir:- c/ /2..2.-z;( ;.r 6/1 f fl-~' l/; (" ~ .h~vf (;//7 J It, , J// .9:/ aLt: UIJ/'( --1/ ~(t / / " /'e" VJ fp ~- I , ~ j/re. OcJ,"/d/111 ~7(7Jn/n'f / 1 (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/ / /.>)- tiC' "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~/OL7 rltne;zT tI Jt~ f.// e A O'j/) 1':#I--whk/eJ r. 6 t9a/'ds' v,/lf.1 4. Why do you want to serve on this Board? J bc/ at/I d j/ /1e: 1-iJ: t' ()1 n lJ'16c//c' -Il1t -.Je-tn C' ~-1' / [i I(l-<=:' II ~1d e /6 11,{f ...j (:) ;' N U(i) / ve c;[ WI/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: E/1/~FC'c-/'}/;<-'l?f /!?c:a/t:i-- -)~" ~. --' tf::L. c./ 1/ l/ CaT,. C't>l t:lt is; '7- {6)'//1 H~ / ~/~ e Item # 20 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[ltj./O ES,7ItTEJ C/.--[;+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: -j 116 /.. 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--(~l ~t4(lM:J-rFr) I1MJ3A'S.{ /tlJOIl. , ~ / glflll 'uE-fJ.) 1)/n=12"1YT1~1i-'fi' L ) S!lr2//.-If;/7J //7~ /1tt( ;R;/Z CA-/ L (J R (J'I- 7 AMfA. Other Interests: frE~flf(.r;:-'fffi) )v; /r<;.o,uS Board Service (current and past): Board Preference: GUloe f)cJ6- ;=OUI'-'DIt7/0(,l..., FOR 7t1c: &/}...~ (2;tJ1jwuu/jC.:;ty 7)-VtJ.~~ &~-tt.-<.-~ Sin I 1 rl 16tvr- ke;. , ~ !lSSG-H!>( t /Jllfr""'" tJ~1--4BOL/ I -li-W/SO/l'/ BM{l~ ;{) . Pdt. tlfE Ji'!;W ,/O!2K STinE As.s.f3~U1 f7Yl.t_[&?tA..~~v- If ,- Additional Comments: ~gc?ct..€ ~ 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 # 20 ;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? }_~ .AX.~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-,--t1 , Item # 20 Attachment number 3 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 1 fl.) ~ItJ {\I AL P A I4--AlIt/I/le If retired, former occupation: r I nJ A AJC!./ J?L fJ I-f}/IJ 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 (;. 4-A/(!/S W ILS()1lI ~A;rffiJr/SG~ .f" Board Preference: ('oLle IE /IJ 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 # 20 ,f Attachment number 3 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 5'el2-v6" T/ic {'ITY Or [Oh~AI2U/4-TGtt Name: l-olJ1SG 0. !?I LSY Board Name: Cd /)13 C.F N'F'CI/<fle /J'/&FA/'r Item # 20 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve the Neighborhood Bill of Rights and adopt Resolution 08-04. SUMMARY: During a Council Discussion Item on February 19,2008, Vice-Mayor Doran proposed the City Council consider adopting a Neighborhood Bill of Rights to outline the expectations that Clearwater neighborhoods can have for participating in various City decision-making processes. Communities throughout Florida are adopting Neighborhood Bill of Rights to establish expectations for public participation in local government decision-making, particularly with respect to land use and planning matters. Having reviewed examples from St. John's and Hillsborough Counties and the Cities of Jacksonville and St. Augustine, staff has drafted a Resolution for City Council's consideration of a Neighborhood Bill of Rights. The Resolution establishing a Neighborhood Bill of Rights is intended to identify opportunities for advance notification and engagement in informed interaction with the City on issues that may most directly affect quality of life issues of the neighborhoods. While the Resolution is a formal statement of policy, the Neighborhood Bill of Rights, if approved, would be distributed to the community via MyClearwater.com and printed materials summarizing the expectations and opportunities for participation. City Council direction is requested as to moving forward with the Neighborhood Bill of Rights Resolution. Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 4 RESOLUTION NO. 08-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RECOGNIZING THE IMPORTANCE OF TIMELY AND INFORMED PUBLIC PARTICIPATION IN CITY DECISION MAKING; OUTLINING PUBLIC NOTIFICATION PROCEDURES AND ENGAGEMENT OPPORTUNITIES; ESTABLISHING A NEIGHBORHOOD BILL OF RIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, public participation in local government decision making is recognized and promoted by the State of Florida and the City of Clearwater; and WHEREAS, proper land use and planning decisions are facilitated by promoting the opportunity for informed citizens to timely interact, share viewpoints and information and engage in a public hearing process; and WHEREAS, the City of Clearwater has developed a Resident Engagement Guide to acquaint residents with different City processes and provide them with training to make meaningful contributions and express their opinions to City decision makers; and WHEREAS, Clearwater neighborhood organizations range from formally incorporated associations to groups of homeowners who come together for one issue or purpose and may vary in geographical definition; and WHEREAS, it is the intent of the City of Clearwater City Council to ensure that neighborhoods have the opportunity to engage in informed interaction with the City on issues that may most directly affect the quality of life issues of the neighborhoods; and WHEREAS, it is the intent of the City of Clearwater City Council to ensure that neighborhoods have access to programs and information and advance notice of planned City projects, street closures, and improvements that may temporarily or permanently impact the neighborhoods; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater shall consistently follow the notice procedures provided in Florida Statutes and the Clearwater Community Development Code for all applicable planning, land use and zoning matters. Section 2. That the City of Clearwater shall provide advance notification and a reasonable opportunity to provide input to the City on any substantial City- Resolution O~ # 21 Attachment number 1 Page 2 of 4 initiated or permitted public works or utility projects that are not of an emergency nature. Section 3. That the City of Clearwater hereby adopts as policy a Neighborhood Bill of Rights outlining assurances for neighborhood opportunities to engage in informed interaction with the City on issues that may affect quality of life or bring change within the neighborhoods, as follows: 3.1 Neighborhoods organizations, informal and formally incorporated associations, may register with the City of Clearwater to receive courtesy notice of applications made to the City as well as City-initiated or permitted public works or utility projects. 3.2 The City of Clearwater Development & Neighborhood Services Department shall maintain a registry of neighborhood organizations that voluntarily register as a Neighborhood Association in accordance with the following definition and procedures. 3.2.8. A "Neighborhood Association" (Association) shall be any formal or informal association of persons that voluntarily join to register as a Neighborhood Association with the City of Clearwater Development & Neighborhood Services Department (Department) on an application form provided by the Department for purposes of acquiring Neighborhood Bill of Rights (Bill of Rights) benefits. Such registrations must include a geographic Association boundary reasonably described and differentiated from other geographic areas and neighborhoods of the City of Clearwater and characterized by a substantial commonality of interest and history of identification as a neighborhood separate from others within the City of Clearwater. Associations shall reasonably be determined to represent the interests of a majority of property owners within the neighborhood and may be refused registration if the City cannot reasonably determine geographic boundaries and majority representation. 3.2.b. A Neighborhood Association (Association) must be registered by its authorized representative and re-register during the month of October in each year in order to qualify for notification benefits pursuant to this Bill of Rights. One member of each Association must be designated in such registration as the agent for the Association to receive all notices due pursuant to this Bill of Rights. 3.2.c. No Association shall be favored, disfavored or excluded in regards to the notification benefits of this Bill of Rights based on the opinions, race, gender, age, ethnicity, religion or political affiliations of any or all of its members. Resolution O~ # 21 Attachment number 1 Page 3 of 4 3.2.d. Each Association and person associated therewith is responsible for obtaining legal advice and liability protection as may be required. 3.2.e. Associations pursuant to this Bill of Rights shall be entitled to receive courtesy notices addressed to its registered agent above and beyond any legal notification requirements of the City, in the following instances. 3.2.e(1). Notification of the submission of any application for Level Three Approval pursuant to the Clearwater Community Development Code, including Comprehensive Plan, Land Use and Zoning Amendments. The notices shall, at a minimum, contain a general description of the location of property subject to the application, the date and time and place of applicable public hearings, if known and other opportunities for public input and review of the application. 3.2.e(2). Notification and a reasonable opportunity to provide input to the City of any substantial City- initiated or permitted public works or utility projects, excepting those of an emergency nature necessitating City action without advance notice. Such notification shall include a description of the proposed improvements, dates and duration of scheduled work and the name and phone number of the City representative most knowledgeable and able to immediately answer questions during the course of the project. When applicable, notification shall include day( s) and probable duration of any street closures, utility interruptions or other adverse impacts on the neighborhoods. 3.2.e(3). Notification and the opportunity to provide input into the design of publicly-funded projects within or adjacent to the neighborhood, including the opportunity to participate in the planning process to express neighborhood preferences about choice of location, materials, orientation size, land use intensity and other project features and elements. 3.2.f. Associations pursuant to this Bill of Rights shall be entitled to prompt and courteous responses to all reasonable City business questions, public record requests and meeting requests submitted to the City of Clearwater. For purposes herein, prompt shall be at least a preliminary, status response within three business days of the initial inquiry. Resolution O~ # 21 Attachment number 1 Page 4 of 4 3.2.g. Associations pursuant to this Bill of Rights shall be entitled to engage in community improvement programs involving various City offices and programs, including, but not limited to the Clearwater Neighborhoods Natural Gas Expansion Program (CNEP), the Clearwater Police Department Neighborhood Watch Program and the Clearwater Neighborhood Programs. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution O~ # 21 Attachment number 2 Page 1 of 1 City of Cfearwater Neigli6orliood CBi{{ of 1?iglits {V/iJ[rE/l(CEJlS, the City of Clearwater finds that proper land use and planning decisions are facilitated by promoting the opportunity for informed citizens to timely interact, share viewpoints and information and engage in a public hearing process; and 1IIiJ[CE1(CEJlS, the City of Clearwater, recognizes that neighborhoods have an interest in informed interaction on issues that may most directly affect its quality of life; and 1IIiJ[CE1(CEJlS, the City of Clearwater has established by Resolution a Neighborhood Bill of Rights entitling neighborhood groups to expect and receive the following from the officials, employees and agencies of the City of Clearwater: {2 {2 {2 {2 {2 Prompt and courteous responses to all reasonable City business questions, public record requests and meeting requests submitted to the City of Clearwater. For purposes herein, prompt shall be at least a preliminary, status response within three business days of the initial inquiry. Courtesy notices addressed to its registered agent above and beyond any legal notification requirements of the City, for Level Three Approval pursuant to the Clearwater Community Development Code, which include Comprehensive Plan, Land Use and Zoning Amendments. Notification and a reasonable opportunity to provide input to the City of any substantial City-initiated or permitted public works or utility projects, excepting those of an emergency nature necessitating City action without advance notice. Notification and the opportunity to provide input into the design of publicly-funded projects within or adjacent to the neighborhood. Engagement in community improvement programs involving various City offices and programs, including, but not limited to the Clearwater Neighborhoods Natural Gas Expansion Program (CNEP), the Clearwater Police Department Neighborhood Watch Program and the Clearwater Neighborhood Programs. Item # 21 Source: City of Clearwater Resolution 08-04 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. SUMMARY: Part of the City's budget strategy this year includes the possibility of funding a portion of Beach Walk that was originally planned to be funded with a 20-year bond issue with reserves from the General Fund. Funding a portion of this debt from reserves would eliminate part of the annual debt service payments from the General fund in the below approximate amounts: Funded from Reserves 100% 75% 50% 25% 0% Debt Reduction $630,000 $475,000 $315,000 $155,000 Funding approximately 50% of the debt from reserves instead of issuing bonds this would eliminate the $315,000 debt service payment each year from the General Fund. The debt payments were budgeted in FY08, therefore, the elimination of this debt payment would help with balancing the deficit that results from Amendment 1 and the overall downturn in the economy. The General Fund reserves, which at first quarter had approximately $25.3 million in total general fund reserves, or 20.5% of the current year's General Fund budget, has excess reserves of $14.8 million. The Central Insurance Fund has approximately $24 million in excess reserves. The municipal tax-exempt bond market is in a deep crisis, and insurance and surety costs are 3 times what they are normally. For a 20-year bond issue, the all-inclusive cost would be around 5.15%. This is about 1.00% higher than the rates were 4 months ago. Bank loans are much more cost-effective right now, with an all-inclusive cost of approximately 4.50% for a 20-year bank loan. The cuts by the Federal Reserve have not reduced municipal tax-exempt bond rates, as most people assume. The municipal tax-exempt market crisis is due to the bond insurer's insurance of pools of sub-prime mortgages, which have caused their downgrades and financial insolvency, and eroded the confidence of municipal tax-exempt investors. At the same time, the earning rate on our cash pool (the City's investments) is at 4.5% and falling. Our overnight rate is from 2.25% to 3% and our most recent investment purchases are yielding from 2.44% to 5% depending on the issuer, call ability, and the maturity. These factors, particularly combined with the economic recession and Florida tax reform, highlight the need for conservative fiscal management more than ever. Originally, the City was going to fund Beach Walk and the Downtown Boat Slips in the same 20- year bond issue. Since we are now moving forward with plans to fund the Boat Slip project, staff needs to verify that the Council agrees with our proposed strategy for funding Beach Walk. If this strategy is accepted, a mid-year budget amendment will reflect the above proposal. Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk Cover Memo Item # 22 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Pass Ordinance 7947-08 on first reading, amending Ordinance 7372-05, which vacated a portion of the the easterly one half of the 70-foot right-of-way of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special conditions, extending the required date for commencement of vertical construction. SUMMARY: In Ordinance 7372-05, the City of Clearwater vacated the right-of-way depicted in Exhibit A and Exhibit B attached hereto, subject to certain conditions, which conditions have not been met. K and P Clearwater Estate, LLC, the "Developer," is requesting that the Council amend the conditions of the vacation to extend the date by which the Developer is required to commence vertical construction from March 3, 2008 to March 3, 2010. Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 1 EXHIBIT "A" ORDINANCE 7947-08 A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW: BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- WHITE-SKINNER SUBDIVISION: THENCE S.05032'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05032'30"W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 160.45 FEET; THENCE N.84027'30"W., A DISTANCE OF 34.98 FEET; THENCE N.05032'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41 o28'18"E., A DISTANCE OF 16.55 FEET; THENCE S.05029'40"W., A DISTANCE OF 0.58 FEET; THENCE S.84030'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05029'40"E., A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE OF 1.03 FEET; THENCE N.41000'13"W., A DISTANCE OF 17.95 FEET; THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00''E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28011'29"W.; THENCE S.05032'30"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90000'00''W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS. Item # 23 Attachment number 2 Page 1 of 1 EXHIBIT "B" ORDINANCE 7947-08 A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST % OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST % OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.90000'00''E., ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05032'30"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF- WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28011 '29"E. TO THE POINT OF BEGINNING; THENCE N90000'00''W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63052'46"E.; THENCE S.89054'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45059'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF=-WAY OF AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N7r55'43"W.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLL Y ALONG SAID SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70027'47''W.TO THE POINT OF BEGINNING. CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. Item # 23 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7947-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7372-05, WHICH VACATED A PORTION OF THE EASTERLY ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD, (AK.A SOUTH GULFVIEW BOULEVARD PER FIELD), SUBJECT TO SPECIAL CONDITIONS; EXTENDING THE REQUIRED DATE FOR COMMENCEMENT OF VERTICAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the "Developer," the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of L1oyd-White-Skinner Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit "A" attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit "B" attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC ("Development Agreement") shall commence vertical construction Ordinance NoI.tem7~M23 Attachment number 3 Page 2 of 2 public and private utilities shall be relocated by K & P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project. public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity. of the Developer's pro rata share of the Beach Walk Construction as identified in the Development Agreement. vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. 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: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance NoI.tem7~M23 Meeting Date:4/3/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Pass Ordinance No. 7948-08 on first reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (aka First Street per field), subject to special conditions, to amend the special conditions by extending the required date for commencement of vertical construction. SUMMARY: In Ordinance 7371-05, the City of Clearwater vacated the right-of-way depicted in Exhibit A attached hereto, subject to certain conditions. Ordinance 7371-05 was amended by Ordinance 7598-06 to extend the date for commencement of vertical construction to March 3, 2008. K and P Clearwater Estate, LLC, the "Developer," requests that the date to commence vertical construction be extended from March 3, 2008 to March 3, 2010. Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7948-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS AMENDED BY ORDINANCE NO. 7598-06, WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (AK.A FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7371-05 was amended by Ordinance No. 7598-06 to extend the date for commencement of vertical construction to March 3, 2008; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the "Developer," the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read as follows: The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida, more particularly described as: From the southwest corner of Lot 55, L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05032'30"E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd White Skinner subdivision, thence N05032'30"E 60.00 feet to the southwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and parallel with the westerly right of way line of Coronado Avenue as shown on the plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84027'30"W along said southerly right of way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: Ordinance NoI.tem8~M24 Attachment number 1 Page 2 of 2 1) The project described within the Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC adopted by Resolution 04-39 and as thereafter amended, (the Development Agreement") shall commence vertical construction by no later than March public and private utilities shall be relocated the Developer at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the vacation shall become effective only after the Developer grants the 60-foot right of way for Relocated First Street to the City as provided in the Development Agreement. by the Developer of the cost of construction of the relocated First Street or the posting of security sufficient to guarantee construction of the relocated First Street as provided in the Development 4) ~eematitm ordinance shall be rendered null and void if any of the preceding conditions are not met. 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: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance NoI.tem8~M24 SUBJECT 1 RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 25 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Damage to Vehicles at City Hall - Councilmember Gibson SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Redlight Cameras - Councilmember Gibson SUMMARY: Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 27 SUBJECT 1 RECOMMENDATION: Nehemiah Meeting - Mayor Hibbard SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 28 SUBJECT 1 RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:4/3/2008 Review Approval: 1) Clerk Cover Memo Item # 29