09/02/1999
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City Commission
Meeting
9-2-99
note: 8-30-99 Preliminary (Worksession) Agenda and paperwork
that was in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
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6Q70
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 2, 1999 - 6:00 P.M. - Commission Chambers
1. Invocation - Deacon Albert Tibbetts, St. Cecelia's Catholic Church.
2, Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards - None.
5. Presentations
a) Representative Morroni - Legislative Report - Given.
b) Presentation of check for Florida Recreation Development Assistance Program (FRDAP) grant
for Morningside Pool project - Representative Morroni - Presented.
c) United Way Kick-off - Campaign plans reviewed.
d) Clearwater Beach Association - contribution toward cost of Acacia Roundabout.
6. Approval of Minutes - Regular Meeting 8/19/99 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Earlv Sorenson and Jack Alvord opposed proposed development of the Connolly property and the
process which permits developers to keep proposals pending indefinitely.
Thomas Nocera opposed State legislation permitting the forced annexation of enclaves.
Sonia HauQht said the City Code should advocate the needs of citizens over redevelopment.
Duke Tiem..,gn invited the Commission to South Greenwood: 9/25/99 anti drug march; 10/23/99
fund raiser; 11/17/99 Thanksgiving dinner.
Sheila Cole announced this year's Jazz Holiday will be expanded with a portion being held on the
beach. She said volunteers are needed.
Dave Wells requested the City contribute to renovations at Clearwater High School.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing - Res. #99-35 - amending Community Redevelopment Plan for the Community
Redevelopment Area located in Downtown Area of the City (PLD)
ACTION: Approved. Resolution adopted.
Public Hearing - Second Reading Ordinances
9. Ord. #6429-99 - Annexation for property located at 2892 Union St., Sec. 32-28-16, M&B 43.06
(Larry & Marcella Wing (AS9-11)
ACTION: Ordinance adopted as amended.
9/2/99
1
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10. Ord. #6430-99 - Land Use Plan Amendment to Residential Suburban for property located at 2892
Union St., Sec. 32-28-16, M&B 43.06 (Larry & Marcella Wing (A99-11)
ACTION: Ordinance adopted as amended.
11. Ord. #6431-99 - LDR Zoning for property located at 2892 Union St., Sec. 32-28-16, M&B 43.06
(Larry & Marcella Wing (A99-11)
ACTION: Ordinance adopted as amended.
12. Ord. #6432~99 - Annexation for property located at 2854 Saint John Dr., Virginia Groves Terrace
5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
ACTION: Ordinance adopted.
13. Ord. #6433-99 - Land Use Plan Amendment to Residential Urban for property located at 2854
Saint John Dr., Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-
12)
ACTION: Ordinance adopted.
14. Ord. #6434-99 - LMDR Zoning for property located at 2854 Saint John Dr., Virginia Groves
Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-23) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
15. Approval of Purchases per 8/13/99 memorandum:
Florida Irrigation Supply, 1 st of 2 renewal options, irrigation system parts & supplies, 9/3/99-
9/30/2000, est. $40,000 (O.OL)
Simon and Schuster Ine" library books & publications, 9/3/99-9/30/2000, est. $29,000 (QOL)
The Booksource, library books & publications, 9/3/99-9/30/2000, est. $35,000 (QOL)
Distribution Video and Audio, library materials, 9/3/99-9/30/2000, est. $29,000 (QOL)
Book Wholesalers Inc., library books & publications, 9/3/99-9/30/2000, est. $81,000 (QOL)
Ebsco Subscription Services, extension, library subscription services, 10/1/99-9/30/2000, est.
$93,000 (QOl)
Ingram Library Services, library books & publications, 9/3/99-9/30/2000, est. $255,000 (QOL)
Gaylord Bras, hardware maintenance & software license and maintenance for computer
equipment used at the library, 10/1/99-9/30/2000, $ 70,000 (QOl)
Superior Auto Centers, tires, 9/6/99-3/14/2000, est. $85,000 (GSS)
Martin's Uniform, 1 st of 2 extension options, uniforms & misc. equipment for Police personnel,
10/1/99-9/30/2000, est. $90,000 (PDI
Xerox Corporation, extension, satellite copy machines, service & related supplies (except paper),
10/1/99-9/30/2000, est. $80,000 (IT)
9/2/99
2
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Micro Image, Inc" micrographic services, 10/1/99-9/30/2004, est, $175,000 (elK)
Hewlett-Packard Company, maintenance of hardware, software & network, 10/1/99-9/30/2000,
$29,232 (IT)
Noland Company, extension, gas materials - galvanized pipe & fittings, 10/1/99-9/30/2000, est.
$83,000 (GAS)
Tempaco of Pinellas, mise, gas repair & installation parts, 9/3/99-9/30/2000, est. $192,000
(GAS) for this title & next (Castle) SEE 10/7/99 minutes, #12
Castle Supply, misc. gas repair & installation parts, 9/3/99-9/30/2000, est. $181,000 (GAS)
16. Approve contract with IMR Global, Inc., to sell surplus real property, 1158-1164 Gould Street,
Revised Map of R. H. Padgett's Sub" Blk 4 (a/k/a subdivided lot 5), Lots 9-11, for $47,500
subject to terms and conditions, pay transaction closing expenses est. at $450, providing approx.
net sale proceeds of $47,050 (ED)
17. Approve payment in amount not to exceed $65,000 to Florida Department of Revenue for
assessment of Sales and Use Tax and local Government Infrastructure Surtax and interest (FN)
18. Approve purchase of property, casualty, liability, workers' compensation, Emergency Medical
Services, fuel tank, and flood insurance coverage for Fiscal year 1999-2000 in an amount not to
exceed $750,000 (FN)
19. Approve acceptance of one-year grant funding in the amount $36, 121 from State of Florida,
Office of the Attorney General, 1999-2000 Victims of Crime Act (VOCA) Grant Program (PO)
20. Award purchase order to Insituform Southeast, Inc., in amount not to exceed $203,000 for
sanitary sewer lining at various segments along Gulf Blvd./SR 183-A; from southern city limits to
Clearwater Pass (PW)
21. Ratify/Confirm contract to Tampa Bay Engineering for emergency repair & retrofit of Solid Waste
Fueling Facility, $90,712 (PW)
22. Authorize payment of grant money, in the amount $56,540.25, awarded from the State of
Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450 Southeast Palm Island,
above the base flood elevation IPLD)
23. Reappoint Candace Gardner as City of Clearwater representative to long Center Board of
Trustees (elK)
OTHER ITEMS ON CITY MANAGER REPORT
24. Update regarding Beach Entryway (Roundabout) Project (CM)
ACTION: Update given.
25, Res. #99-42 - supporting South Clearwater Citizens for Progressive Action in their front porch
application (PlD)
ACTION: Approved. Resolution adopted.
26. Res. #99-36 - Establishing City's intent to be reimbursed from proceeds of a tax-exempt
financing; extend agreement with GE Capital Public Finance, Inc., for additional one year to
provide a $5,026,000 line of credit for Fiscal 2000; and authorize all uncompleted equipment
acquisitions previously approved for financing under current contract with GE Capital to be
financed under extension of this agreement (FN)
ACTION: Approved. Resolution adopted.
9/2/99
3
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27. First Reading Ord. #6446-99 - repealing anti-discrimination compliance program provisions of the
City Code (HM)
ACTION: Approved. Ordinance passed 1st reading.
28. Approve Highway Landscape Maintenance Memorandum of Agreement; adopt Res. #99-37
authorizing execution of the agreement with FOOT for beautification of Court Street to be
performed by City (PW)
ACTION: Approved agreement. Resolution adopted.
29. First Reading Ord. #6443-99 . Relating to Building Code Regulations; amending Sec. 47.051 by
replacing 1993 National Electrical Code with adoption of 1999 National Electrical Code (PlD)
ACTION: Approved. Ordinance passed 1st reading.
30. Clearwater Housing Authority - 1 appointment (ClK)
ACTION: Reappointed Terry Byrd.
31. Fire Task Force (eLK)
ACTION: Established mission and timeframe (1/00 presentation to Commisisonl. Appointed Fran
Briskman, Bill Schwob, Russ Kimball, Joe Calio, Duke Tieman, George Kraus, Joe Evich, Scott
Nail, Reverand Sherman, Rowland Herald, & John Lee. Bill Horne to be non-voting chair.
Alternatives - Jean Stuart and Doug Williams.
32. Other Pending Matters - None.
CITY ATTORNEY REPORTS
33. Res. 99-39 - Releasing City's right to repurchase Ronald P. Nisk property in Clearwater Industrial
Park
ACTION: Approved. Resolution adopted.
34. Other City Attorney Items - None.
35. City Manager Verbal Reports - City Manager reported community meetings - 9/7/99 & 9/15/99
related to Drew Street & 9/21/99 related to north Clearwater beach drainage issues.
36. Other Commission Action
Johnson requested staff resolve problems at Clearwater Airpark.
Hooper expressed concern the Ice House continues to be an eyesore.
Clark wished all a safe enjoyable Labor Day weekend.
Johnson expressed concern property at Hercules/Rainbow intersection remains unkempt.
AunQst congratulated staff for State recognition for being on schedule for compliance re Y2K
issue.
37. Adjournment - 7:34 p.m.
9/2/99
4
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Florida House of Representatives
John Morroni
i\eptuaatati..... ~Otb Di~lict
Reply co:
02331 Ba11air Rd., Suite C
a.....ator, fl. 33764
(721) S3"'72~O
o 40t Howe Offi~ Buildiuc
T~~-, FL 32399-1300
(850) 488-1540
. INTRODUCTION
Committees
Chainmo. ~ScmetS
Claims
ColMluMy Alfain
CriminalJU$ttt& Apt'ropriniol\S
Hulth Can LiccDrin~ & Regul.tion
John Morroni, first elected to the Florida House of Representatives in November 1992t
and reelected subsequently, is the State Representative for District 50, which incl~des
Clearwater, Dunedin, Largo and St. Petersburg.
A3 a .fresb~an legislator he was elected to serve as Chairman of the Pinellas County
Legislative Delegation. Representati\'e MOItoni is Chairman of the HO\lse Committee on
Regulated Services. His committee oversees alcohol, tobacco and parimutuellegislatioD, He
also serves on Claims, Community Affairs. Criminal Justice Appropriations and Health Care
Licensing and Regulation Committees. Now in his fourth. tenn, Representative MOllom is proud
ofms seven straight '~o Tax" budget 'Votes) as well as passing teen smoking and ra\'e club
legislation.
Representative Morroni is very involved in "Pro ConsumeI''' legislation and runs his
office with an c'open mind, open door" and ('no gifts, no free trips" policy, As promised in 1992,
he continues to hold town meetings throughout the district
. Originally from. Chicago Illinois, he earned his B,A. in History from Loyola University
and moved to Florida in 1980. He is a Real Esta.te agent with Arvida Realty Servi~s.
Representative Mononi resides in Clearwater with his wife. Eileen and son Michael.
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,~ ~. To: The Mayor and City Commissioners of Clearwater
~ ~ From: Thomas E. Nocera 3173 Drew Street
,,0.) Date: 9/2/99
(y' Re: Forced annexation of enclaves
Gentlemen:
J
I am the owner of a small home and a backyard orange grove
located near Cooper's Bayou on Old Tampa Bay. I am here
tonight to assert my right under the Florida Constitution,
to be let alone by the agencies and planners under the control
of your City Manager.
You might recall that at a commission meeting in May, I brought
to your attention that Florida's Constitution, which you are each
sworn to uphold, clearly provides for the right of Floridians to
be let alone from government interference in their lives~
There is no greater interference that I can imagine, than the
forced annexation of a Floridian's homestead against his or
her will.
It is my firm belief that the specific act concerning the
forced annexation of small enclaves by the cities of Pinellas County
is unconstitutional. Further, that once it is reviewed by the
Florida Courts, where there is a scholarly understanding of our
state constitution, that this unsigned Act will be voided.
This is a matter of principal. No doubt there are some owners of
enclaves that will welcome the city paying to put in their sewer
lines and waiving the impact fees. However, it must be brought to
your attention that months before he left his post, I questioned
Mr. Hedrick about the expense to the taxpayers of Clearwater in
enacting this. I felt he was being candid with me in confiding
that there was a payback period of over ten years in proceeding
to forcibly annex enclaves. In other words, a decade will need
to pass before the city even reaches a breakeven point on the
additional expenses Clearwater's taxpayers must incur, if you
choose to ignor me, and proceed to implement this un-American act.
Furthermore,this payback calculation did not count on the
expenses of litigation, assuming Mr. Hedrick was accurate in his
communication with me.
Now, I ask you to follow the Constitution in your dealings with me
and/or my homestead. That is, I demand to be simply let alone.
I do not want to have to come back before you to lecture you
on Americanism versus socialism, nor on matters of Constitutional
law. Nor, do I wish to have to take the City of Clearwater to Court
to have an obviously unconstitutional act invalidated. But, if you
choose to ignore my demand made under the Florida Constitution, you
will leave me no other choice.
Sincerely,
cC
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City Commission
Agenda Cover Memorandum
Final Agenda Item #
R
Meeting Date: September 2,1999
SUBJECT/RECOMMENDA liON:
Adopt Resolution 99-35 amending the Downtown Redevelopment Plan of the Community
Redevelopment Agency.
x and that the appropriate officials be authorized to execute same.
SUMMARY:
· The [)owntown RErleveIq>ment Plan for the Community Redevelopment Agero; was cdopta:J on August 17, 1995. and
was most recently amended in October of 1998.
· The area of the propa;a:f mcdifiC1tion inch.des two pateels on the north side of Park Street bet\Neen Myrtle Avenue and
South GreenwoOO Avenue as well as numerous individual parcels generally located east of Myrtle Avenue to South
Greenwcx:x:J Avenue ard south of Park Stn=et to Chemut Street
· The proposOO modifications will include: Amending the land use of two parcels nolth of Parl< Street from Medium / High
Density Residential to Commercial / Office I Residential; amending the land use of the area of the proposed pond from Open
Space / Recreation to Comrneldal / Office / Residential; and amending the land use dEsignation of parcels locatOO west of
South GreenwoOO ard the block located at the northeast comer of Myrtle Avenue arx:J Chestnut Avenue from tV.edium I
High Density Residentia! to CommerciaVOffice'Residential.
. The proposOO downtown pond wi \I be reconfigured in a manner that is consistent arx:J compatible with future private
raJeveloprnent initiatives within the subjed area
. tv1odification of the Plan, as indicated in the s t a f f report, will encourage mixEd use development ard will allow the lard
use flexibility needEd to meet the City's long range redevelopment plans.
. At their regularly sche:lule:f public hearing on July 20, 1999, the Community Development Board, acting as the Local
Planning Ai,eno;, reviewed the propa;a:f amendment and unanimously recommerded approval of Resolution 99-35.
. The Community Redevelopment Agency rerommenda:f approval of the proposEd amendment at their August 30, .j 999,
meeting.
. The proposOO amendment will also be reviewro by the Board of County Commissioners, acting as tile Countywide Planning
Authority, on September 14,1999.
Staff report available for review in City Clerk Department
Reviewed by: Originating Dept.:
Costs
Legal Info Srvc N/A Planning and Develop e
~ Services Total
Budget N/A Public Works N/A User Dept.: Funding Source:
Purchasig N/A DCM/ACM Planning and Current FY CI
Services
Risk Mgt N/A Other Attachments OP
Other
Resolution 99-35
Submitted by:
City Manager
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o None
A ro riation Code:
rr 11Ilt:U un rft:\;yt;leu paper
"
CDS Meetiag Date:
Agenda Item: m D
July 20, 1999
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMlNISTRA nON
STAFF REPORT
GENERAL INFORMATION
OWNER;
Various Owners
APPLICANT: Planning Department
LOCATION: The subject properties are located within the Clearwater's Downtown Area and can be
broken down into two general areas which include:
(a) Two parcels located on the north side of Park Street between Myrtle Avenue
and Greenwood Avenue. These parcels are indicated as # 1 and #2 on the attached
proposed Downtown Land Use Plan.
(b) An area consisting of numerous individual parcels located east of Myrtle
Avenue to South Greenwood Avenue and south of Park Street to Chestnut Street. This
area includes #'s 3-6 on the attached propcsed Downtown Land Use Plan.
REQUEST:
Proposed modifications to the Downtown Redevelopment / Community Redevelopment
Agency Plan include the following changes:
. Amending the land use of two parcels located north of Park Street from the
Medium I High Density Residential to Commercial I Office I Residential
(parcels I and 2 on attached map).
. Amending the land use designation of the area of the proposed pond from Open
Space I Rttreation to Commercial / Office / Residential (parcels 3 and S on
attached map).
. Amending the land use designation of parcels located west of South Greenwood
Avenue as well as the block located at the northeast comer of Myrtle Avenue and
Chestnut Avenue from Medium / High Density Residential to Commercial I
Office I Residential (parcels 4 and 6 on attached map).
SITE INFORMATION
PROPERTY SIZE:
Approximately 48.5 acres of land within the Downtown Redevelopment Area
PROPERTY USE
Current Use: The subject properties currently consist of a mix of commercial and residential
uses.
Proposed Use: Commercial. office, and residential uses.
g
PLAN CATEGORY
ZONING DISTRICT
Current Zoning District:
Proposed Zoning District:
Downtown District (0)
Downtown District (0)
Current Plan Category: Medium I High Density Residential and Open Space I Recreational
Proposed Plan Category: Commercial I Office I Residential
ANALYSIS
Introduction
The Downtown Redevelopment Plan for the Community Redevelopment Agency was adopted by
Resolution 95-65 on August 17. 1995. The Redevelopment Plan was amended in October of 1998 as the
result of changing conditions and facilitate proper growth and development. The Plan divides
Clearwater's Downtown Area into five districts and provides a general description of each district.
Within the context of each district are land use designations which indicate the type of use permitted
within said district. The Plan also indicates the maximum pennitted density and intensity per district.
Since the Plan was adopted in 1995, changing conditions within the Downtown Area warranted a
modification in the Plan to facilitate the proper growth and development and maintain consistency with
the overall purpose of the Downtown Plan.
The proposed amendments will allow the needed flexibility to better meet the goals of the Redevelopment
Plan. These goals arc discussed in the following analysis.
Consistency l\'ith the Downtown Redevelopment Plan
People Goal - To Redevelop downtown Clearwater into a successful "people place" that attracts,
retaiDs, and inspires tbose of all ages to come to use and enjoy the community town center.
The Plan strives to create a Downtown tl13t serves as a community gathering place by introducing new
residents to downtown through the provision of neighborhoods that contain a mix of uses and housing
types. The Plan indicates the proposed downtown pond will become a focal point of this development.
The downtown pond is still a viable focal point for downtown development. The proposed amendments
will create the t1eXlbility for future developers to configure the pond in a manner most consistent and
compatible with the developments design. The Commercial / Office / Residential designation will further
the People Goal of the Redevelopment Plan by encouraging a variety of development that will create a
successful "people place,"
Movement Goal - To redevelop downtown Clearwater with an efficient, high quality, multi-modal
movement system with supporth'e and visually positive terminal and transition facilities for all
modes.
The Movement Goal of the Redevelopment Plan seeks to reduce total reliance on the automobile and
improve pedestrian accessibility. The proposed amendment will pennit mixed use development including
commercial~ office, and residential uses. TIus mix of uses will contribute to pedestrian accessibility via
the close proximity of residential development to retail/commercial uses.
Activity Coal - To redevelop downtown Clearwater to provide a broad and diverse set of activity
centers that accommodate, Jtimulate and reinforce residing, working, visiting, and pul"tbuing in a
great waterfront tOWD setting.
The activity gaaJ of the Redevelopment Plan strives to create a downtown that combines in-town
residential opportunities with retail and commercial uses that provide daytime as well as evening activity
generation. TI1.is could include a mix of office and retail uses that generate daytime activities and hotel or
restaurant uses which provide evening activity generation.
1be proposed amendments will significantly enhance the activity goal of the Redevelopment Plan by
permitting a mix of land uses (Commercial! Office I Retail) that will contribute to both day and evening
activity that is needed for a successful downtown.
Amenity Goal - To redevelop dOmltown Clearwater to create and enhance a small town center
"quality of life" that attracts and sustain :l diversity of 'visual and use element.. for cultural,
entertainment, recreatioD, and environmental experiences.
As previously mentioned~ a significant factor in the Redevelopment Plan is the proposed downtown pond.
The Plan indicates that the pond will serve as a central amenity as well as a residential catalyst. The
proposed amendments do not deter from this notion of a central pond but ralher provide the opportunity
for private redevelopment initiatives to reconfigwe the pond in a manner that is morc consistent with the
development pattern.
The pond will continue to sen'e as a central amenity. The proposed amendment to Commercial I Office !
Residential land use will provide the flexibility to achieve development that optimiz.es the pond as a
central amenity.
Opportunity Goal - To redevelop downtown Clearwater to attract and tontinue a process of value
creation action tbat invesU time, dollan, resources, and creativity to enhance the value, tax base,
image and quality of lire (or Clearwater.
An objective of the Redevelopment Plan is to create a positive economic envi.ronment to expand existing
businesses and attract outside investment. The proposed amendment will allow for a wider variety of
pennitted uses within the subject area. The Ccmmercial! Office I Resideotialland use will provide the
flexibility to respond to the development initiatives of the private sector.
Consmeocy witb Cleanvater's Comprehensive Plan
The City's Comprehensive Plan focuses on the use of innovative planned development and mixed use
development techniques as a means of promoting infill development. The proposed amendment will
encourage mixed use development and will further the redevelopment initiatives of the Comprehensive
Plan. Adclitionally, the City's Evaluation and Appraisal Report, a tborough anal;'sis of conditions v.iLhin
the City, called for increased use of mixed use development and in fill development techniques. This
amendment will serve to foster such development.
SUMMARY AND RECOMMENDATIONS
The Planning Department rerommends approval of the proposed modifications to the Downtown
Redevelopment Plan as the modificatioos meet the goals of the Downtown Redevelopment Plan as
follows:
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. Recommend approval of a land use amendment ofParccls 1,2,4, and 6 from Medium! High
Density Residential to Commercial I Office I ResidentiaL
. Recommend approval of a land use amendment of Parcels 3 and S from Open Space! Recreation to
Commercial! Office I Residenti211
Report Prepared By: Teresa Mancini, PlannerL
Assistant Planning Dittclor APPi!t.-4A
Planning Director Approval:
I
Attachments:
Existing Downtown Land Use Plan
Proposed Downtown Land Use Plan
1,7
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RESOLUTION NO. 99-35
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE COMMUNITY
REDEVELOPMENT AREA LOCATED IN THE
DOWNTOWN AREA OF THE CITY OF CLEARWATER;
MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE,
WHEREAS, Resolution No. 95-65 adopted by the City Commission of the City of
Clearwater on August 17, 1995 established a community redevelopment plan for a
certain area in the downtown area of the City of Clearwater (the "Downtown
Redevelopment Plan") in full compliance with the requirements of Part III, Chapter 163,
Florida Statutes (the "Redevelopment Act") for such plans;
WHEREAS, chang ing conditions within Clearwater require increased flexibility in I
land use in order to facilitate growth and economic development within the Downtown
Area;
WHEREAS, the boundaries of the proposed Downtown Pond, as indicated in
the Downtown Redevelopment Plan, are currently undefhled and will be developed in a
manner that is consistent with future redevelopment efforts;
WHEREAS, in response to changing conditions in the Downtown Area and the
need for greater flexibility, modification of the land use plan is required; now, therefore,
BE IT RESOLVED BY THE CITY OF CLEARWATER CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Findings. Based on information presented to it, the City of
Clearwater City Commission does hereby find:
(a) The proposed change of land use designation from Medium/High Density
Residential and Open Space/Recreation to Commercial/ Office /
Residential, approximately 48.5, is consistent with the overall purpose of
the Downtown Redevelopment Plan and is necessary and appropriate to
facilitate the proper growth and development of the community in
accordance with sound planning standards and local community
objectives.
(b) The land use plan map, as found on page VI-11 of the Downtown
Redevelopment Plan, is revised in the following areas: two parcels
located on the north side of Park Street between Myrtle Avenue and
South Greenwood Avenue as well as parcels located east of Myrtle
1
Resolution No. 99-35
"!'
Avenue to South Greenwood Avenue and south of Park Street to
Chestnut Street. These parcels are hereby revised from Medium I High
Density Residential to Commercial I Office I Residential. Parcels located
In the area of the proposed pond are hereby revised from Open Space I
Recreation to Commercial I Office I Residential (as shown in exhibit B on
the attached map).
(c) The Community Development Board, acting as the local Planning
Authority, met on July 20,1999, and recommended approval of the
proposed nlodifications to the land use plan, as found in the Downtown
Redevelopment Plan, to the City Commission.
(d) The Commu nity Redevelopment Agency Trustees reviewed the proposed
modifications on August 19, 1999, and have recommended approval of
the proposed amendment to the Downtown Redevelopment Plan,
(e) The proposed amendment conforms to and complies with the
requirements of the Redevelopment Act. In particular, the amendment:
· Displaces no families or other residents;
· Conforms to the Comprehensive Plan of the City of Clearwater;
· Does not create the need for additional parks and recreational facilities;
no inadequacies for such parks and recreational facilities now exist or
are anticipated to exist in the future in the area; and
· Establishes an opportunity for private redevelopment of the area
through the provision of commerciaVoffice/residential development
anticipated in the Downtown Redevelopment Plan.
2
Resolution No. 99-35
Section 2. Extent of Plan Amendrnent. Only the Land Use Plan of the
Downtown Redevelopment Plan revised under Exhibit 8 are to be replaced,
superseded, and amended by this Resolution.
Section 3. Adootion of Plan Amendment. Exhibit A depicts existing land use
designations in the Downtown Redevelopment Plan. The proposed amendment to the
Downtown Redevelopment Plan more fully described in Exhibit B is hereby adopted by
the City Commission of the City of Clearwater, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
" '. J('..",' , ...,: ' .. . . '. ~ , ' ,If . ,,' ..
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PASSED AND ADOPTED this
Approved as to form:
M
day of
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
3
........-
,1999.
Resolution No. 99-35
--
~ II
Exhibit A I I
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Item #9
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re.: Fq
MOTION TO AMEND ORDINANCE NO. 6429-99 ON SECOND READING
Substitute the map attached as Exhibit A to Ordinance 6429-99 with the map attached
to this motion.
. (\OvJ \V\ 't+eVV\
NOTE: The attached revised map^more accurately reflects the abutting right-af-way to
be annexed.
Pamela K. Akin
City Attorney
9-1-99
'dhdR.
QRDINANCE NO. 6429-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 490 FEET EAST OF SOULE ROAD AND 90 FEET
SOUTH OF CHANCERY LANE, CONSISTING OF METES AND.
BOUNDS 43/06 IN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 2890 AND 2892 UNION
STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
9
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clesrwater
and the boundary lines of the City are redefined accordingly:
See Exhibit B attached hereto, together with abutting right-of-way. (A 99-11)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
. . .August 19, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordinance No. 6429-99
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sid
Assistant City Attorney
PARcn. ',,'
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER: LARRY 8. WING and
MARCELLA M. WING
2890, 2892 UNION STREET
LANILJI.SE PLAN ZONING
FROM: RESIDEN TIAL SUBURBAN R-R
TO: RESIDENTIAL SUBURBAN LOR
ATLAS PAGE:244B
A: 99-11
PROPERTY DESCRIPTION:
M & B 43/06
Blelat-oC-waf:
SEe: 32 TWP: 285
ACRES:
lANCE: 16E
PROPERTY SIZE ACRES:2.53acres
COMMUNITY DEVILOPMENT BOAID: JULY 20. 1999 CITY COMMISSION: AUGUST 19, 1999
Prepared by: EA- Public Works Administration
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EXHIBI"lB
PARCEL 1:
The Easterly 183.31 feet of the South * of the East * of the Southeast 14 of the Southwest ~ of
the Southeast % of Section 32, Township 28 South, Range 16 East, less and except the Southerly
33 feet for road right-of-way;
AND
PARCEL 2:
The North yz of the East yz of the Southeast X of the Southwest X of the Southeast % of Section
32. Township 28 South, Range 16 East, all lying and being situate in Pinellas County, Florida,
Ordinance No. 6429-99
, , l . '~',~ ..... ,
. . .
'. .' . " ~ ,;. '. , ',' h" ^ l~
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MOTION TO AMEND ORDINANCE NO. 6430-99 ON SECOND READING
Substitute the map attached to Ordinance 6430-99 with the map attached to this
motion.
nOlP ~ \..\eVVl
NOTE: The attached revised map\tore accurately reflects the abutting right-of-way to
be annexed.
Pamela K. Akin
City Attorney
9-1-99
. I . . ~ ' " .. ". ~ . ., '
~ nd. f( .
ORDINANCE NO. 6430.9~
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE FUTURE lAND USE PLAN ELEMENT OF THE
COMPREHENSlVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 490 FEET EAST OF SOULE ROAD AND 90
FEET SOUTH OF CHANCERY LANE, CONSISTING OF METES
AND BOUNDS 43/06 IN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2890
AND 2892 UNION STREET, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SUBURBAN; PROVIDING AN
EFFECTIVE DATE.
)0
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater Is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Prope~
See Exhibit A attached hereto,
together with abutting right-of-way. (A 99-11)
Land Use Cateaorv
Residential Suburban
Section 2. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6429-99.
PASSED ON FIRST READING
August 19, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6430-99
., " " \ 'J . ., . ' ~. ,~" - ! ' . j,' - ",' ,'_ ~
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EXHIBIT A
PARCEL 1:
The Easterly 183,31 feet of the South ~ of the East ~ of the
Southeast % of the Southwest X of the Southeast ~ of Section 32,
Township 28 South, Range 16 East, less and except the Southerly
33 feet for road right-of-way;
AND
PARCEL 2:
The North ~ of the East ~ of the Southeast % of the Southwest %
of the Southeast ~ of Section 32, Township 28 South, Range 16
East, all lying and being situate in Pinellas County, Florida.
Ordinance No. 6430-99
'I
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNEJl~ LARRY 8. WING and
MARCELLA M. WING
2890, 2892 UNIO~'J STREET
LAND USE PLAN ~ONING
FROM: RESIDENTIAL SUBURBAN R-R
TO: RESIDENTIAL SUBURBAN LOR
A: 99-11
PRQPERTY-DESCRIPTION:
M & B 43/06
ATLAS PAGE:244B
PROPERTY SIZE ACRES:2.53ocres
R1Iht-of-way: ACRES:
SEC: 32 TWP: 285 tANGE: 16E
COMMUNITY DEVELOPMENT BOAID: JULY 20, 1999 CITY COMMISSION: AUGUST 19, 1999
Prepared by: EA- Public Works Administration
,0
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-iF
y-~ : ., I
MOTION TO AMEND ORDINANCE NO. 6431..99 ON SECOND READING
Substitute the map attached to Ordinance 6431-99 with the map attached to this
motion.
. y'\ou.> ~ '\~VV'
NOTE: The attached revised mapl\more accurately reflects the abutting right-af-way to
be annexed.
Pamela K. Akin
City Attorney
9-1-99
jI,
~nJ~.
QRDINANCE NO. 6431-9Q
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 490 FEET
EAST OF SOULE ROAD AND 90 FEET SOUTH OF CHANCERY
LANE, CONSISTING OF METES AND BOUNDS 43/06 IN SECTION
32. TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESS IS 2890 AND 2892 UNION STREET, UPON ANNEXATION
INTO THE CITY OF CLEARWATER. TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY, AS LOW DENSITY RESIDENTIAL (LOR);
PROVIDING AN EFFECTIVE DATE.
I j
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE
CllY OF CLEARWATER. FLORIDA:
Section 1. The following described property located in Pinellas County. Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater. and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See Exhibit A attached hereto, Low Density Residential (LOR)
together with abutting right-of-way. (A 99-11)
Section 2. The Planning and Development Services Administrator is directed to
revise the zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. contingent
upon and subject to the adoption of Ordinance No. 6429-99.
Ordinance No. 6431-99
PASSED ON FIRST READING
August 19, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to fonn:
Attest:
Leslie K. Douga 1- ides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
, . . .. , . . , I , .' . ~" . ~ , ' '. ., . ~ " . .' .. , ,',! , ' I ' " , '~ ,
~'.' . ~''''!''.,' , '. ,
EXHIBIT A
PARCEL 1:
The Easterly 183.31 feet of the South ~ of the East % of the Southeast % of the Southwest % of
the Southeast % of Section 32, Township 28 South, Range 16 East, less and except the Southerly
33 feet for road right-of-way;
AND
PARCEL 2:
The North % of the East % of the Southeast Y4 of the Southwest % of the Southeast Y4 of Section
32, Township 28 South, Range 16 East, all lying and being situate in Pine lias County, Florida.
Ordinance No. 6431-99
PARco. ",,"
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PROPOSED ANNEXATION AND ZONING CLASSIFICA TION
OWNER: LARRY 8. WING and
MARCELLA M. WING
2890, 2892 UNION STREET
LAND USE PLAN ZONING
FROM: RESIDENTIAL SUBURBAN R-R
TO: RESIDEN TIAL SUBURBAN LOR
ATLAS PAGE:2448
A: 99-11
PROPERTY DESCRIPTION:
M & 8 43/06
PllOPERTY SIZE ACRES:2.53acres
1111lt-of-way:
SEC: 32 TWP: 285
ACRES:
RANGE: 16E
COMMUNITY DEVELOPMENT BOAID: JULY 20. 1999 CITY COMMISSION: AUGUST 19, 1999
Prepared by. EA- Public Works Administration
~nc!R.
ORDINANCE NO. 6432-99
IJ-
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 360 FEET WEST- OF LORI DRIVE,
CONSISTING OF LOT 13, BLOCK C, VIRGINIA GROVES
TERRACE FIFTH ADDITION, WHOSE POST OFFICE ADDRESS
IS 2854 SAINT JOHN DRIVE, INTO THE CORPORATE LIMITS
OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAJD ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted. on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block C, Virginia Groves TelTace Fifth Addition, according to the plat
thereof as recorded in Plat Book 51. Pages 43 and 44, of the public records of
Pinellas County, Florida. (A 99-12)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall tHe a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
August 19, 1999
Ordinance No. 6432-99
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED ANNEXA'fION AND ZONING CLASSIFICATION
...
OWNJ:.: RUSSELL S. JACOBS
and SYDNEY A. JACOBS
2854 ST. JOHNS DRIVE
LAND tJSE PLAN ZONING..
".OM: RESIDENTIAL URBAN R-3
TO: RESIDENTIAL URBAN LMDR
ATLAS PAGI: 2648
~a
A: 99-12
PROPERTY DESCm,IPTION:
LOT 13, BLOCK C, VIGINIA GROVE
TERRACE, 5th ,ADDITION
PROPERTY SIZE ACIES: 0.20 acres
1.111a t-of-" I,:
SIC: 5 TWP: 29S
ACRES:
IANGI: 16E
COMMUNITY DEVELOPMENT IOAID: JULY 20,1999 CITY COMMISSION: AUGUST 19. 1999
Prepared by: EA- Public Works Administration
EXHIBIT A
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QRDINANCE; ~O. f433-9~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 360 FEET \NEST OF LORI DRIVE,
CONSISTING OF LOT 13, BLOCK C, VIRGINIA GROVES
TERRACE FIFTH ADDITION, WHOSE POST OFFICE ADDRESS
IS 2854 SAINT JOHN DRIVE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING
AN EFFECTIVE DATE.
13
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use CateQory
Lot 13, Block C, Virginia Groves Terrace Fifth
Addition, according to the plat thereof as recorded
in Plat Book 51, Pages 43 and 44, of the public
records of Pinellas County, Florida (A 99-12)
Residential Urban
Section 2. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6432-99.
PASSED ON FIRST READING
August 19, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6433-99
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PROPOSED ANNEXATION AND ZONING CLASSIFICA TION
OWNEI: RUSSELL S. JACOBS
and SYDNEY A. JACOBS
2854 ST. JOHNS DRIVE
LAND USK PLAN ZONING
PROM: RESIDEN TIAL URBAN R - 3
TO: RESIDEN TI AL URBAN L.MDR
ATLAS PAGI: 2648
A: ~9-12
PROPERTY DESCRIPTION:
LOT 1,3, BLOCK C, VIGINIA GROVE
TERRACE. 5th ADDITION
PROPERTY SIZE ACRES: 0.20 acres
11I.ht-of-" .,:
SEC: 5 TW': 295
ACRES:
IANG!: 16E
COMMUNITY DEVELOPMENT IOAID: JJL Y 20,1999 CITY COMMISSION: AUGUST 19, 1999
Prepared by: EA- Public Works Adminislration
. , , '" J . . .' ';., I~" I' ',' I... , . " .' N:, . . . , '.
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ORDINANCE NO. 6434-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 360
FEET \NEST OF LORI DRIVE, CONSISTING OF LOT 13, BLOCK
C, VIRGINIA GROVES TERRACE FIFTH ADDITION, WHOSE
POST OFFICE ADDRESS IS 2854 SAINT JOHN DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
(Lf
WHEREAS, the assignment of a 20ning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located In Pine lias County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
PrODe~
ZoninQ District
Lot 13, Block C, Virginia Groves Terrace
Fifth Addition, according to U,e plat thereof
as recorded in Plat Book 51, Pages 43 and 43,
of the public records of Pinellas County, Florida.
(A 99-12)
Low Medium Density Residential (LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6432-99.
PASSED ON FIRST READING
August 19 t 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6434-99
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNE.:
RUSSELL S. JACOBS
and SYDNEY A. JACOBS
2854 ST. JOHNS DRIVE
.ROM:
TO:
L.A]j D US L.l1A1f
RESIDENTIAL URBAN
RESIDENTIAL URBAN
z.m!ING
R-3
LMDR
A: 99- 12
PROPER TY DESCRIPTION:
LOT 13. BLOCK C. VIGINIA GROVE
TERRACE, 5th ADDI TION
PROPERTY SIZE ACRES: 0.20 acres
ATLAS PAGE: 2648
JUlia t-o(-" .,:
SEe: 5 Ift'P: 29S
ACRES:
tANGI: 16E
(O..MUNITY DEVELOPMENT IOAID: JULY 20,1999 CITY COMMISSION: AUGUST 19. '999
Prepared by. EA- Public Works Administration
~\At\
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CITY OF CLEARWATER
INTEROFFICE MEMO g.:<. c19
To:
Mayor and City Commissioners
From:
George E. McKibben, Purchasing Manager
Copies:
Michael 1. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the September 2, 1999 City Commission Meeting
Date: August 13, 1999
All items recommended for purchase and delivery during the 1998/99 fiscal year are included in the
approved 1998/99 budget. Funding for contracts extending into future fiscal years will be included
in the City Manager's recommended budget. All recommended vendors are the lowest most
responsive bidders in accordance with the specifications unless a specific exception is noted.
1. Extend the contract with Florida Irrigation Supply, Clearwater, Florida, in the estimated amount of
$40,000, for the purchase of irrigation system parts and supplies for utilization throughout the City
by Parks and RecreationlNursery during the contract period September 3, 1999 through September
30, 2000. This is the tirst of two renewal options authorized in the terms or the 199H bid.
Appropriation code: 010-01681-550400-572-000. (Quality of Life Administration)
2. Award a contract to Simon and Schuster Inc., Old Tappan, New Jersey, in the estimated lillHHlIlt of
$29,000, for the purchase of library books and publications for utilization in all branches of the
Library during the contract period September 3, 1999 through September 30.2000. Exception to
bid under Section 2.564 (1)( e). Code of Ordinances - Impractical to bid (publisher). ^ ppropriation
code: 315-93521-564400-571-000. (Quality of Life Administration)
3. A\vard a contract to The Booksource, Saint Louis, Missouri, in the estimated amollnt 01"$35,000,
for the purchase oflibrary books and publications for utilization in all branches 0 f the l. ibmry during
the contract period September 3, 1999 through September 30, 2000. Exception to bid under Section
2.564 (l)(e), Code of Ordinances - Impractical to bid (replaces numerous small dollar purchuse
orders). Appropriation code: 315-93521-564400-571-000. (Quality of Life Administratioll)
4. Award a contract to Distribution Video and Audio, Clearwater. Florida, in the estimated amount
of$29.000, for the purchase of library materials for utilization in all branches of' the Library during
the ccntract period September 3, 1999 through September 30, 2000. Exception to bid under Section
2.564 (l)(e), Code of Ordinances - Impractical to bid (replaces numerous small dollar pun:hasc
orders). Appropriation code: 315-93521-564400-571-000. (Quality of Lif"c Administration)
5. Award a contract to Book Wholesalers Inc., Lexington, Kentucky, in the estimated amount of
$81,000, for the purchase of library books and publications for utilization in all branches or the
Library during the contract period September 3, 1999 through September 30, 2000. Exception to
bid under Section 2.564 (1 )(e), Code of Ordinances - Impractical to bid (replaces numerous small
dollar purchase orders). Appropriation code: 315-93521-564400-571-000. (Quality of Li fc
Administration)
15
6. Extend the contract with Ebsco Subscription Services, Bim1inghall1, Alabamu, in the estimated
amount of$93,000, for the purchase oflibrary subscription services for publications utilized in all
branches of the Library during the contract period October 1, 1999 through September 30, 2000.
Exception to bid under Section 2.564 (1 )(d), Code of Ordinances - Florida State Contract.
Appropriation code: 315-93521-564400-571-000. (Quality of Life Administration)
7. Award a contract to Ingram Library services, Charlotte, North Carolina, in the estimated amount
of $255,000, for the purchase of library books and publications for utilization in all branches of the
Library during the contract period September 3, 1999 through September 30, 2000. Exception to
bid under Section 2.5 64 (1)( e), Code of Ordinances - Impractical to bid (publisher). Appropriation
code: 315-93521-564400-571-000. (Quality of Life Administration)
8. Extend the contract with Gaylord Bras, Syracuse, New York, in the amount of $70,000, for
hardware maintenance and software license and maintenance for computer equipment utilized at the
Library during the contract period October 1, 1999 through September 30, 2000. Exception to bid
under Section 2.564 (I )(b), Code of Ordinances - Sole source (proprietary). Appropriation code:
010-01724-546200-571-000. (Quality of Life Administration)
9. Increase the contract with Superior Auto Centers, Clearwater, Florida to an estimated amount of
$85,000, for the purchase of tires to be utilized by all departments during the contract period
September 6~ 1999 through March 14,2000. The City Manager previously approved an award in the
amount of $25,000. Contract usage has been greater than anticipated. Exception to bid under
Section 2.564 (1)(d), Code of Ordinances -- Florida State Contract 863-000-99-1. Appropriation
code: 566-06611-550700-519-000. (General Support Services Administration)
10. Extend the contract with Martin's Uniform, Tampa, Florida, in the estimated amount of$90,000,
for the purchase ofunifomls and miscellaneous equipment utilized throughout the City by Police
personnel during the contract period October 1, 1999 through September 30, 2000. This is the first
of two extension options authorized in the terms of City of Clearwater Bid 97-98. Appropriation
code: 010-01131-547100-521-000. (Police Department)
] 1. Extend the contract with Xerox Corporation, Saint Petersburg, Florida, in the estimated amount
of $80,000, for satellite copy machines, service and related supplies (except paper) utilized by all
departments during the contract period October 1, 1999 through September 30, 2000. Exception to
bid under Section 2.564 (1 )(d), Code of Ordinances .- Pinellas County School Board #95-015-101.
Appropriation code: 555-09861-544100-519. (Information Technology)
12. Award a contract to Micro Image, Inc., Tampa, Florida, in the estimated amount of $175,000,
for micrographic services utilized by the City Clerk City during the contract period October 1, 1999
through September 30,2004. Appropriation code: Oi O-OlJ700-530300-513-000. (City Clerk)
13. Award a contract to Hewlett-Packard Company, Rosevillc, Culi fornia, in the amount of $29,232,
for maintenance of hardware, software and network util izcd by Information Technology during the
contract period October 1, 1999 through September 30, 2000. Exception to bid under Section 2.564
(1)(b), Code of Ordinances - Sole source (proprietary). Appropriation code: 555-09864-546200-
519-000. (Infonnation Technology)
l~
14. Extend the contract with Noland Compuny, Clearwater, Florida, in the estimated amount of
$83,000, for the purchase of gas materials "- galvanized pipc and fittings for utilization throughout
the Clearwater Gas System area of operation during the contract period October 1, 1999 through
September 30,2000. Inventory withdrawals f(lf installation will be charged to 423-02174-531100-
532-000 (Pasco); 423-02168-531100-532-000 (South Pincllas); and 423-02178-531100-532-000
(North Pinellas). Appropriation code: 423~OOOOO-141120-000. (Clearwater Gas System)
15. Award a contract to Tempaco ofPin~llas, Largo, Florida, in the estimated amount of$192,000,
for the purchase of miscellaneous gas repair and installation parts for utilization throughout the
Clearwater Gas System area of operation during the contract period September 3, 1999 through
September 30, 2000. Appropriation code: 423-00000-142105-000-000. Inventory withdrawals for
installation will be charged to 423-02174-5311 00-532-000 (Pasco); 423-02168-531100-532-000
(South Pinellas); and 423-02178-531100-532-000 (North Pinellas). Inventory charges for repair
will be charged to 423-02172-5311 00-532-000 (Pasco); 423-02167-531100-532-000 (South
Pinellas); and 423-02177-531100-532-000 (North Pinellas) (Clearwater Gas System)
16. Award a contract to Castle Supply, Oldsmar, Florida, in the estimated amount of$181,000, for
the purchase of miscellaneous gas repair and installation parts for utilization throughout the
Clearwater Gas System area of operation dUl;ng the contract period September 3, 1999 through
September 30,2000. Appropriation code: 423-00000-142105-000-000. Inventory withdrawals will
be charged to 423-02174-531100-532-000 (Pasco); 423-02168-531100-532-000 (South Pinellas);
and 423-02178-531100-532-000 (North Pinellas). (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1998/99 Budget or will be
included in the City Manager's recommended. budgets for future fiscal years.
C:~"'
Tina Wilson, Budget Director
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Clearwater City Commission
Agenda Gover Memorandum
Worksession Item #:
Meeting Date:
~b
Final Agenda Item If
SUBJECT/RECOMMENDATION: Approve a contract with IMRGlo bal Jnc. to sell surplus real property
legally described as Lots 9, 10 and 11, Block 4 (also known as subdivided lot 5), REVISED MAP OF R. H.
PADGETT'S SUBDIVISION, for $47,500, subject to terms and conditions contained therein, pay
transaction closing expenses estimated to be $ 450, providing approximate net sale proceeds of $
47,050,
l&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· In its meeting of June 1 7, 1999 the City Commission declared the subject property, being three vacant lots,
surplus for the purpose of offering it for sale at the minimum bid amount of $46,875.
· The surplus declaration limited sale of the property to a successful bidder who would use the property to
enhance commercial development on adjoining properties or those properties in the immediate area.
e Following advertisement of invitation for bids, IMRGlobal, Inc. through the Justice Corporation timely
submitted a bid of $47,500 at bid opening on July 7, 1999. It was the only bid received and complies with
the minimum price and conditions established in the declaration of surplus.
· The property is being purchased "as is" and the contract requires closing of the transaction by not later than
21 days following its effective date.
· After estimated selling expenses of $450 for title insurance, approximate sale proceeds of $47,050 will
accrue in revenue for surplus land code 010-00000-364200.
Reviewed by;
Legal
Budget
Purchasing
Risk Mgmt
NA
NA
Originating Dept:
Economic Developm nt
User Oept.
Costs
NA
~
G7P- Info 5wc
Public Works
Total
DCM/ACM
Current FY
Funding Source:
CI
OP
Other
NA Other
NA
Attachments
Submitted by:
City Manager
[X]
None
Appropriation Code:
Printed on recycled paper Gou Id St lots Cont Agn. 079gewb
Rev. 2/98
..:~
I~
14. Extend the contract with Noland Company, Clearwater, Florida, in the estimated amount of
$83,000, for the purchase of gas materials - galvanized pipe and fittings for utilization throughout
the Clearwater Gas System area of operation during the contract period October 1, 1999 through
September 30, 2000. Inventory withdrawals for installation will be charged to 423-02174-531100-
532-000 (Pasco); 423-02168-531100-532-000 (South Pinellas); and 423-02178-531100-532-000
(North Pinellas). Appropriation code: 423-00000-141120-000. (Clearwater Gas System)
15. Award a contract to Tempaco of Pine lIas, Largo, Florida, in the estimated amount of$192,000,
for the purchase of miscellaneous gas repair and installation parts for utilization throughout the
Clearwater Gas System area of operation during the contract period September 3, 1999 tIuough
September 30,2000. Appropriation code: 423-00000-142105-000-000. Inventory withdrawals for
installation will be charged to 423-02174-531100-532-000 (Pasco); 423-02168-531100-532-000
(South Pinellas); and 423-02178-531100-532-000 (North Pinellas). Inventory charges for repair
will be charged to 423-02172-5311 00-532-000 (Pasco); 423-02167-531100-532-000 (South
Pinellas); and 423-02177-531100-532-000 (N0l1h Pinellas) (Clearwater Gas System)
16. Award a contract to Castle Supply, Oldsmar, Florida, in the estimated amount of$]81,000, for
the purchase of miscellaneous gas repair and installation parts for uti lization throughout the
Clearwater Gas System area of operation during the contract period September 3, 1999 through
September 30, 2000. Appropriation code: 423-00000-142105-000-000. Inventory withdrawals will
be charged to 423-02174-5311 00-532-000 (Pasco); 423-02168-531100-532-000 (South Pinellas);
and 423-02178-531100-532-000 (North Pinellas). (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1998/99 Budget or will be
included in the City Manager's reconlmended. budgets for future fiscal years.
~
Tina Wilson, Budget Director
'Ap<
\ .' '\ " - . ':'1:,.' ,. l. . . F -.
~lt~CJ~J('TED
;.\Ul1 16 1999
r.....-y r-l C::""""( D'-P-
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CONTRACT FOR SALE OF R.tAL PROPERTY
BY'
THE CITY OF' C~nR, n.oRl~
PAATI~: The crT~ or CL~AT~~, FLO~IOA, a Mun~C~pAl Cocpor.tlo~ of th~ State ot rlor1d.
(herdn "sellu'" or "City"', P. o. aol' ..,.8. Cleu",auc, Floc1da 331!l8-."U, ATTe:NTlON:
r:.d Beerett. Phone: (727) !'62-46154, and IMRGl.OJ!J'J, COR.PO~TI0N, a Flouda corporation.
100 South ~l.'ourl Avenue, Clearwater, Fl. 3)7~6 Ihereln -8uyer"),ATTENTIOH: Robert
l'tOl.lck, 'hone~ (727) 461-n20,lcolltct~vely "part:.1e."" hereby -'9rlfe thAt the :sdler
.hall ..11 and Buyer sb&ll buy the followln9 real prop.rty ("~al Property.) and personAl
pIOpel't.y (-personaltY"1 (collect1vely "Property"') upon the {ollQwlnq t.rmt and condluons.
TJm ~El'nC"1'lVl DAn- 0.. 'S'HlI ~"'r 18 TKI DAft or ItJatCUTZC* ar DUr.w
AU'TH'ONUD Cln ornC:lAL1. 'fms IS or THB ISSEl<<:Z lit nus COIfI'IW:T.
"f~ pa~i~ of 5 <ieys O~ 1... shall be COftIpQ~d ~~ tbolJt .u~Cllud.J...,
'a~u~y, 'W1cUy, or naUon&.! 1~.1 bohcbra and any fa.... perlad vPCUIltJ
QB . ..turday, Sunday or B.tioD&l 109a1 ho11~r .hall be .~taftde4
until 5:00 P.K. of the Dext bU.lne.. day.
1. PROPUnT DE.5C1lU''l'ION
- -
LEGAL DESCJUPTIOlf: Lota t, 10 ADd 11, .look 5 (.\1&0 kno~ .. a\ll)cUvicSe4 Lot: 5), o~ ~
~I$W KN' or ~. N. PADGETT'. S\1BDtVUllClM. "'_ l"'ecor:ded in pl&'t lIook
t, Paq_ 32, PUblic ~orda of Pinall.. Cown~, r10rlda.
'~T APORKS.: 115' - Ii'. OOQld .tr..t, Cle~rwatar, rlori~ lJ1S5
PERSONALTY: NONE - VAcant 1ot.
2. roLL PURCKASZ PRI a ............................................. $
3. ~ or PATHEm'
47,500.00
Total Depos~tls) to be h.ld ln escrow by "fA $
Purchaser to qualify ~nd obtain third party financln9 as
<<j~~cripe1il in PUI9raph " of not leJs than. .. .. .. ., .... ... .. .. . " $
&AI.nee to be paId at C10S1A9 in V.S. f~nd., ca.h, c.r~lrlad O~
e.$hi~r'$ ~eck. ~Wb)Qct to..d)u't~cnts and pror.tlon........... $
HIA
HIA
C7,~OO.OO
t. nKB ~ ACaPTlUlct
-"
"ollow~nq executJ.on ot this con~r.c~ by Buye.r, the p~iee, t.1:JU and condit1ons as
conta~ned berelA .bAll ~e~ln uncn.D9~ aDd be held unconditionally open for & period of
45 cUll" tolloV1.n9 del1very in dLlp11cat.~ o.t1guul to E.rl Barr.~t in U:u, &n91n"'ecU\g
~p.remeat of the City of Clearwater for acctpt.nce &nd approval Or rejec~loD by act~oD of
th~ Clearwater City r.oaDUs~ion INCo~al~on.). If ~h~s .gto.~nt 1- accepted .nd .pprove~
by the Co=misalon, ~t w111 b~ executed by duly .uthorlxed City officials Ind deliver.o to
Buyer withlD 10 cUy. theceatt.ec. It thu cont.rlct lS tc)e(;ted Py the Cotaauu~on upon
init~.al pre.ent.at~on 'to the conmhs1en, thls contract shall b. null and void in III
respects and &~ye~ shall b~ ~o 1nfor.med in writinq wlthln 5 day' of .uch action.
s.~
Seller ,hell eonvey morketab1e title to th~ Prop<<rty by Speclal Warcanty Deed. subJect
onlr to ~ttec3 contaIned ~n Paro9rapn 6 and those otherWIse .ccepted by Buyer. OtherW1S<<
tit e sn~ll be ({ce Qt 11Cn$, ca~e~ht~ and cn~r.nce~ of rtcord or ~no~ to Sell~r, but
,ub'ect to prope.tty t.xe~ for the ye.r of c:lounq, 1 f .ny; COV.Mints. le"tric;tlons &Il~
public u.tility elUeltlent:f of record; and (other lNtt.C$ wl'uch htle will bo subject) .,
O~; provlded ~hQre ~Xl't:.~ ~t clo'~n9 no v101.t!on of the toreqo1n9 ~nd none of th~m
prevent. 8uyer'. 1ntend~ use ot the P~opecty tor c~ercial purpose,.
6. Tt"fl..Z EVt Dl!'JtCZ
Seller ,hall. at S<<ll~r <<xpen~e .nd w1t~n -1- d~ys pt~or to clo,ih9 dolt. del~ver to
Buy~r a titl~ in$urance co~trnenc J.ssu~ by a florldA l1censea t1~lc 1n3Urtr agreeIng to
11'0', ~ncUt%lbrolnces, exceptl0nJ or qu.l~fJ.c.tlont Jet to!l:h 1ll th:u Conttac:t, and those
which .hall be dlschuged by seller at or before <:10'11\9' 5elhtt .thoU con\l'~Y II
marketable title lub,ect only to 110n., encu.:'l\brances, ellceptJ.ons or qual1f1c:.t,l0I1, ~et
forth in thl' Contnct. Markeubll! utle ,hall be detcr:tu.ned .ccordl!l9 to appl1caole
T~tl. St.nd.a,d, Idopt€d by The FlorJ.dA ~r and In 4ccordanc~ ~lth la~. 8~y~~ 'h~ll h4Yt 3
d.Y$ from re~eiv~D9 .vld~nc~ ot t1tlt to examine 1t. It tAtle ~a found detective, Buyer
shall, wi th1n 3 days thereafter. noh fy Seller 1n Wrl tln9 .pec! t:o./1q dehct. C.) . If ~h.
defec't.(,1 r.nder utl. unmecketo.ble, Sdl~r "111 havq 60 days frolll receipt of nouce
with1n which ~o r.mov~ th~ defectCa', t.l1~n9 wnlch Buytt sh.ll hevt the option ot e~thtr
accepUn9tJ'le t~tle as lt t.hen I.S O~ w1'Chdtllk1.n9 tcC'/lI thu Contc.act. seller wl11, It
tl~le ~s fOUlld un=ackctablt. make dJ.119cnt effoct to correct ~crectl$1 1/1 t1tle WIthIn th~
tlMe p,ovided th.lgfo~, lncludl~ the brJnqJng of necessary ,uits.
.~~
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'7. a.TAnr III Gwn llESEStVED
,. ~SI: g:S~tCTlotr; RIGHT or aavEIlTDl
The pactJ... hcnto acknowledgc that the deed ot cony. YUle. troD $Iller ,hall contaln
the fQllowlnq 1.nquaqc .nd pCovl.lons:
IN COMFLIANCE WITH SEC. 2.665, CODE or ORDIN~CEJ O~ TME CITY or cLEARWATER,
FLORIDA, THE PARTIES &XP~SLt COvtHANT AND AGIlEt A5 f'Ot.LOtfSI
.. H.lthe, Gr.nte. nor .ny succes,or grant.. 1n tltl. or ~nt.r.st .hall
u,e ~h. property de$ct1~d nereln loe .ny p~:po.e o~ purpo.es fOl which ad
valorem property ~AX exe~~lon would b~ available.
b. App1~C&tlon by the Grant... or any s~ccea.ot 9cantee in tlcle or
inter..t, to the property appraIser of Pinelles County, florlda, for ad
valore= tax Cxc=ptlon tn.ll C.UJ~ tItle ~o the Property de.cr1bed here1n to
revert to the C~ty ot Cle&rw.tcr lutomat1cally a, of thQ datc the .pp11c.t1on
~. fLled ana re9<<rdl... of whether the .ppl1C~~lon 11 ult1~tely 9lcntod o~
denled.
c. Th~s r~'trle~lon and c.verter thall zun wl~h the land ~nd reverter
har.under .ball be to the C1ty .b501utely and no~ to .ny Interven1n9 owner ot the
propeItY.
d. All sub.eq~ent d.ed. or other ln~tr~n~ of convey.nce ,holl eonta1n thIs
r.str1ct~on. Thl. re~trlctlon and rev~rtec ,hall t~ vl~b the land in perpetuity.
,. SUI\VD
Buyer, at 8uflltc', eXp.n~... w1thln ti~ dlowecl to dc:llver ev1dence of title aDd to
eUllL1ne .&3De. ...y have Jte.l Property surveyed &nd certified to the !Nye" S.ller &J\d
cloain9 &9_nt by A ~.91at.ced Floria. land .uevtyor. If s~rvey sbow. ~ny encr~~t on
Pe"l Peoperty. 01: that U':Iprove.ents loc"ted on Real Property encJ"oacb on .etb.ck lines.
......nt., land. of oth.r~, or violAte any re.tric~ion~, CObt~ct covecacta or .pplic4bl~
9ovornment&1 c~9Ulation, the $&me shall constitute a t1tlc d.f~.
10. CLOJ1>>G PUCZ AIm DAft
Seller shall de'~9n4te clo.ln9 .c;ent and thJ.1 tranSActIon shall ~ closed in ~h.
offices of ~h. deaiqnattd clo,1n9 .9~nt 1n Plnella. Coun~y, Florl~, Oft or he fore 21 DAYS
ro~lKG TH& &rfSCTIVE OATE, unle'5 extend~d by oth~r provisions of thia contr.ct. If
either pitrcy i. unAble to cOIIlply wltb any providon of tJus contuct Within tn<< ume
&11 owed. .nd be prep.rtd to close as aet forth ~boy., aftel: makin'i all re..onable and
dl1igent e!for~a to comply. th.en upon 9lvlng written nohC9 to the othet patl:y, t:Uw of
closin9 JllAY b. extend~ up to 21 ctolYS wltbo\1t fl!hct \.lPOn ~ny othlr term. covenant or
conditioh contained 1n th~~ contriC~.
11. CLOSncu DOC'UKI:NTl!'
Seller .h.ll furnIsh deed, mecb.nlC's lien a ttJ.dolV1.t, Alld corrective 1nstcUlAOnts..8
app11c<<ble to thi. trans~ct1on. Buyer shall furnl,h clo.1.nQ stAtement.
12. C~.1MG EXPEM5BI
Recordatlon ot the deed .nd Documenta,y stAmpS OD the deed, unless thi~ tran'''ctlon 1S
c~empt und~t Chapter 201.24, FlorIda St.tu~e., sh.ll be pald by the &uye~. 'eller ShAll
pay the costa of rtcordinq toy corrective in5tlument~.
13. P~TIOMS: ~IT5
If there ahoald ~xut .ny tl1.Xes, .Slu.smel\t.I. nnt .nd other revellue specltlc to the
PJ:oplltty. oll ot luch ~l\pcn,es and cevenue shall bt pCQuted through the dAY before
clo'lnq. If the Amount of taxes and ass.,sm.nts for toe CU~lent ye.r c.nnot b.
a~c.et.1n~d, r.t.. for the prcvlous year .hall b. used w1th due allow.nee be~nq mAde toe
ullpz:ovenlenta and exempt1.ons. lv1y deposits held by Selle~ 10 trust. for t.h1.td p&rtlcl In
occup.ney of the Property ,hall be C~tdlted to Buyer A~ t~ of C10$ln9' ~$'e'$ment~ tor
.n1 1~~ovtments that ac. subs~antl.11y compl~te at tl~ of clOSIng ,hell be pa1d in full
by Seller.
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11. norun COtCDl'l'1011
Sell.r .hall deliver the rroperty to euyet at t1De of t10S1n9 1n 1t. pre..nt ~a. i.R
cond1tlon, ordtnacy wear and tear Ixcepted, and .hall ~lntain the lan~C4p1n9 and
qrounda in a c~9at.bll condltlon. Seller m.~e~ no w.rc.nti~, oth~, than .. d1'clo,~d
hece1n and ~cketabl11ty ot tltlt. Byytr's covenant to purchase the P'~rty "0$ lS~
1, ~ote .pecltlcally repre$en~ed 1" t1the' subp.raqrlph o. or b ., ~rked (XI.
.. (X) ~ 1.: euytc hi' In,pected the Property or ~a1V.S any r1qht to 1nspect and
&ccept~ th~ Property 1n it, pte,ent -., 1,. cond1t!on.
b. I ) At t. With 1U9ht or rnl~Clhon; Buyer &MY. at 8\Jyec Upense aDd within -!!- days
f rOIR tt teet 1 ve D.Utt (-I nsp. ct 10n p, clod"" conduct lnsp.ctlon., ttl.ts,
enviro~nt.l and .ny other lnve.tlqotl0ns of the Proptrty BUYI' de~
neces.ary to det~r~ne IU1tablllty for !uytr'a lnt.nded use. 'ellce shall 9r&n~
rea.onable ace.,. to ~he 'copcc~y to Buyee, ltl '9cnta, contractor. and &~s19n'
fo~ the pucpo.c, of conductln9 the lnspect~on~ peovloed. ho~er. that 411 ,ych
per.ons enter the Property and ~on~u~t t~e ln~p.ctlonA and 1nv..t~9.tlons at
thclr ovn fISk. S~ller wl11. upon xc_soh.ble nOtlCe, peovlde utilitiel .ervlCt.
&1 ~y be requlred for B~yer'~ lh~pe~tlonl and 1nVt.t19&tlon.. Buyee .hall not
.nq&go 1n .ny actlvlty t~&t co~ld c~,ul~ ln , ~ch.nlcl 11tn b41ft9 ftled aqaln.t
tn. Property ~ltho~t Seller's pelor wrltt~n consent. !uY.: ~y tecatDatc th~s
contro~t by wCltten noti~e to Seller prlor to ~xp1r.tloD of the In.~ctlon
Peclod If th<< lnspectlons and/oe lnvestiqat10ns rcve41 condit1on, which are
te~5on~bly un,&tlsfactory to Buye" unless Seller .l.~t$ to rcpair of Oth~,wlSC
c~y ~uch condltlonl to 8uyer ..tl.factlon. If thio tren,actioD does not
clo.e. BYy~, c9c~es. at Suyer e~penl., to "pale .11 ~ge' to the r~operty
(e.ult~n9 from tht lnsp<<ctlons Ind lnv~s~19.t~ons and eetyrn the Property to 1t~
pc.,ent condlt1on.
15. :J~LUk aU) ~"
Buyee a9re~s to lndemtufy and hold h.tn'\l~s$ the Seller wltbQut lUlit.tJ.on from ony
lat..., d~ge5. coSt5. lncludln9 attorney's f<<es. cla.1r.l1 of lDjury to o~ death of ..ny
per.on(.', Any d.~qc to pr~.rty of Buyer. or th. Property. .nd rr~ and a9.~st any ono
every 11ablll.ty to any person IC1s1nq trom Buyer conduct of 1n:spectlCms, iDYestic;,14tlons
and any other work performed pursyant to Par&Qraphs 7 and 14 above.
16. P!'ocutDS or SAU.. CJ,OJ ING PlOC&IlUPJ:
The deed shall b~ te~ordea upon clearAnce of tunas. 'roc.~. of sale shall be held ln
escrow by Seller's attorneyor by such o~he' ~utu.lly acc.pt.ble e.ctow &ge~t for. p.rtod
of not. longe, t.han ~ days frOlll and <<ftcc closill9' dyrlJ\9 which ~1Jnt evl~.. of t1 th
.hall be cont1Du9d at Buyer'. cxp.nsu to Iho~ tltlc 1n Burer, ~.~ho\lt any cnCUDb~ance' or
cha.nc:rc WhlCh vo\lld render SeUec'Jl t1.t,le ulUNrJr.tt.ble frOla the date or tlM la$t tltle
evidence, It ~ell.l" title 1J rendex~ u~rket~bl. through DO fault of tbe Buyer, 8~y.r
shall. Wi. tbin the S d.4.'f ptr1()Q, notafy the sellex i.n wu bng of tJall dafect and Seller
~hall nave 30 d.y~ frQa th~ dato of re~e1pt of s~ch not1flc.~10Q ~o cmre tbe ~t.ct. It
Seller r.ils to t~mcly C\Irc the defect, .11 fund, pa1d by or on bebAl~ of the ~yer ab&ll,
upon wr~tt.n d~nd made by Buy~r and with1ft S days .feer demand, b. r.~urbed to Buyer and
simultaneously wlth sucb repayment, Buyer ,hall vacate ~ml Property .~ cecoAvey it to
Seller by spe~lal ~arr.nty deed. It 8uyec t.~l' to ..ke ~i~ly ~nd for cefund, 8uyer
$hall teke title -a. 1'", wa1v!n9 &11 t19hts a9&inst S.ller &. to any lntervwninq detect
eJtCtpt ., fAA'I be available to !\.lye: by vil;tue of wlltr.nt,l.. con'tu.ned in tbe deed. The
~sc:row .nd <:10atn9 procedure cequued by thls pcov1S1on &!IY M walV9d 1f tltl. .9tnt
ln5ure~ 4Qver~e ~.tters pUl,u~t to SectlOn 627,'8~1, r.s, (1987J, .. ~ndad.
1'7. ~~
If Buyer ta11~ to perform th1$ contract w1thin the t~ specified (1ncludln9 p.~ent
of .11 depO$lt(sll, the depOSl~(') p&ld by Buy~r ~y bt rtt.~n~d by or (or the account of
Stllee .s a9ceed ypon liquidated damages. conslderat~on for the executlon of thls contr&c~
.n~ in full $ettl~nt ot any c14i~s; ~ereupon. suyer and seller .hall b4 L'el~eved of all
obl:\g~tlon' under thlS 'Contuct; or Seller, at Sellel opuon, ..y proct!ed 112 eQ\ll ty to
enforce S.ll.r'~ r1ghtJ untier thls t;;ontul~t. If, {or a.ny cellon otber t:h~ f.ilure of
Seller to ~ke Seller', titl~ ~,ket~ble .tcer dl1tgent ~ffort, Sellee tall., ncqlect. or
refu$lC'$ to pertoC1ll thi~ cont.roct. the 5LO.).er /M.y ,.elll .p~ciflC perfo.c::c.nct' or elect to
rece'-vc the .return of Buye~ deposlt(sl w.tt.holJt thereby wuvlnq any aC~10n for diUtI&qe,
re5ultin9 from Seller's breach.
11. RADON GJ\S 190TIrICATJOlf
MOON GAS: RlldQn i:l n natl"ltlllly C'>r:o::uronl;l .c:"dlC,...:l1ve, q.s th.t, loIhe,n it.
h~. ~ccumul&t.d 10 a b~11d'-nq In $Uf!lcl~nt qu.ntlt~es. ~y pre~ent
heal~h L'lsk$ to p~r$ons who at. <<xpos~d to It over t1~. Level, of radon
that ext;;eed fed<<c.l .nd ~t.t.e qU1d~11ne5 h~v. been found 1n bU1.1~n9$ In
Flotlda. Addltlon~l lnformat1on re9ardln9 radon ~nd r.~on ~estln9 ~y be
oot.ln~d from your cQunty publlC health unlt.
19. CONTRAC'l' b'OT JU:COl\DUt.J:.. P~BONS BOUIlD
Hllth.r thlS contr.ct nor .ny nOtlCe of 1~ shall bt cecordtd In any publ1C r.coro,.
Thi, contl.C~ Ahal1 D~nd .nd ~nur. ~o th~ Denet1t of the part~~s ..nd th<<lr SUCC<<SSOlS 1n
interest. Whenltver the context p~rmJ.t', sin9\.11ar ,hall lncludt pl\4nl atld on~ qtnd<<r
sh..ll lnclude &11.
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19. 110'I'1 a
All noue.. provld~d for h~rC'ln .haU be che....d to have be.n duly 91 ven 1f and wh.n
d.po8it~ In tho Un1ted State. 1't.a11, prop.cly ata/llp.d .and addr.~:I~ to ~hit r..pitct1v,
paety to b. notltled, lncludlnq the partl<<. ~o thl. con~'~t. the partlel attorn.y., itlcrow
aq~nt. inspector., contrActor. and all other$ ~ho ~111 1" any way .~t at tne behest of the
p.rt!e, to ,atlsty ~ll t.r~. and condltl~n' ot thl' contr.ct.
20. ASSI<IK1.&tLXn; IDsO"s aOUND
tb1. cont.u<:t {Xl 11 not .,'19nlo1e I 1 u aulc;1nable. 'The terN "S\lyec", "~el.let-,
.nd "8roleer" f 1 f anyl llI.IY b. ungulu or plural. Thl" Contract. i, blondlnq lip on !u)'er,
Seller, alld thei.l' he1C1, perlonal repustnt.auve), '\Icc~"or~ .nd .'$19ns hf .,.1<jlUl\ent
11 peD.J.tted} .
21. A~'t RE8; COSTS
10 any 11tlqatlon a:1.1n9 out ot thlS contra~t. tht prev&~l~n<j party shall be entltled
to recovex re..onabla attorney'. te.. .nd costs.
22. aeo UlOUIl
Seller end B\lyer repce..nt .nd a<lcllft they have dealt "u~h no "roker or h.nder ~n
COCAectlon w1th the ttanuctlons contemplAted hereby. exctpt thAt Justice Corpor.tion,
whon tee, sh~ll be puo by eUyer under sep,uate agrCctJllCllt. S,ll., and !luyer "utile'
&91:.. to 1ndemnity the othcc from Any dAmAge, J~.bl1ity 0' expense .lothea: ~y auff.z a. I
re5ult of any claim ot . Droker or tlod., wlth ~h~ lot 1. det.~ned thac the other p.:ty
ha. dealt. "'loth 1n contravention of thlS .9uelllGnt: excctpt, noweve'. that tot,l Clty
ob1i9Ation$ under this ptOV1'lon shall be aub)ect to the lluut. and c..tr~ction. of thl
r10cl6& ~overe19n 1~un1ty ~t.tute. r.~ 768.28.
2:S. n PEWJU TTDf OR JtA.Nt)W'Rl'M'DC PROVI SI ONS
Type~rlotten or handwritten provl'J.ons Ih~ll control all ptlont_d prov1'10ns of contract
1n cODflict with theM.
2&. E.Fn:CT or PI\J\TJAL IJIV1I.LIDtT't
The 1nvalld1ty of any PCOV131Qn of thlS cont.ract wl~l not an~ shall not be d~~~d to
effect the vAlidity of .ny other provu1.on. In the event that "ny pcovJ.S1.0n of thi,
~obtrae~ lS held to be lnval1d, the p.ctleJ aQre, that the re~~n1n9 prOV1.'lOna Ihall be
d.GMd to be 1n full torce .nd effect: U 1f they hAd b~.l\ .x.cuted by both puu.,
lub$cqueot to the e~pun9ement of the lnvalld Plovlslon.
Z5. QOVDUf1WCi LAW
It lS &91:eed by and bet.we,=" the partles hu:.~o that ~hil conc,rac:t. .h.ll be 9ovemod
by. construed, and enforced in .cco~d.nct with the law' of the !t:~t. ot rlor1d&.
z,. ~AIlU; rACSDULI: con
This CODtr.c~ may be executed l.n two or ~re cour.t'1:p.~s~ ea~h of vhieb .hall b.
deCDed an or191nal and all of whlch t:09ethtr sh.l1 co~'t:iruc. one In.tr~nt. A f.c,~~l.
copy of th1S cont1:act, lncl~dln9 any addendw., It.t~~nt. .~ &ny wr~t1:.n ~d1ficat.lon.
ber~of, and .ny 1nlt1.al, or S19nature thereon .n~ll be deemed .an oc1911\a1.
~1. SPECLAL CLAUS~S
I J Not appllcable. ~ [Xl An Addt:ndUJt1 contunJ.n~ spec1.d cl&u.~" that COIl.htl.1tc
aqrlcments and covenant' between the pactle. ls attachld t.o and an lnte~r.l part. ot t~l'
contnct ..nel wi thol.lt fluthec 4clotOilledcpnent 1. conhl'lMd And Acceptecj by the pu:tielJ. When
~~ speclal clause 1n tb~ Addendum 1$ 1n conflict: with Iny provllion Contaln~ el.ewhftrl
1ft tb1:1 contrAct. thEn tht speci~l clause ~h.ll govern.
21. ~.y Db':!>
All covenant~, warr4nt1e" and ~epcesent.t~onl conta~ned hereln ,hAll merge with the
deed At hme of clounq. Upon delivery ot d~ed by the Cl~Y~ and &CCeptlU'lce tnereot by
!uyec, the Buyer shall hold the Clty forever ~.r~les, th~r~.tter.
at. DrrlJl.E AGI1EElG:NT
Upon exec~tion by Seller and Buyer, th~, cootract Jh.ll constitute the entire
A9cuIIlCnt between the partle,. ,hAll ,upe.csede any and all pu.or Glnd contfUll,poranlou.
written and oral pCOmlse" repre,ehtat1onl or condltJ..on 11\ re.pect thel'eto. l'll prlor
De~otlatlons, a9re~ments, ~e~r.nd& and wrlt~n9s shall be ~cged he~eln. Any cblnge. to
b~ MAde 1n ChlS "9re~mcnt ah..ll only b. valld when ~xprlssed 10 wr1tlng. .cknowl~qed by
the ~rties ~nd J..ncocporated her~ln or .tta~h~ hereto.
THIS 13 IN'1'ENDEO TO BE A J.EGALLl MINDING CONTPAC'r. If NOT ruLLY U)r1)&RS7000.
SDX THE ADVICZ or AN APPROffllATE ~OFUUOtfA1. FOil ~GA1.. TAX, i'NVJ~,u
AIm ot'KER ap&CIALIZW ADV1.CI tAlOR TO .ugqrlfG.
ra~e 4 of S
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08/17/1999 16:23
.
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7275(,24755
EtKi
PAGE 6(,
SlqnA~ocie~: ~.l tDt.t~ Con~r.ct
'.r~l.': C1~y of Cl..r~.t'z (S~llt()
IHJlGlobd. Inc. I I!II.1)'er I
PE: ~ts , -11. 81. ~. ~. N. PAOGtTTS
~;
I~C)I.O~ C~MnOll. 1\ rlorica..
corpoC.~iO~~ (
fly: S~ J /,<~~
.:satlsh K. an.n
Chalr~n , ChiCf EMec~tlv. Otflcer
S9 - 291H1!,
Tax I.D.'
...
Date:
~It CI /91
.
l ) APP~OVED AlfD ACCJ:PT~D THIS _ cUr of
, 1999,
Counte.r:u9ned:
CITY Of CLEARXATER. FLORI DA
By:
H1cha.l J. Roberto. ~lty Man_9cr
8%1.n J. ^UD9$t, ~YQr-ComRUSlloaer
Approved as to fo~ .nd
lC9al sl.lfficlcacy~
ATTEST:
John CAr.aS.5. Ass1stanc Clty Attorney
Cynt~. E. Goudeau, C1ty Clerk
1"1 ~ 1.:.ll'I"",j<i~t ~'.."r.
5 of Ci
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1
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68/17/1999 16:23
..
721'S&2~755
Et~
PAGE. 117
AQ.PENOUM
TO THAT CERTAIN Contract fContract-) For Sale of Real Property by the City of Clearwater
("Seller") WIth IMRGlobal Corporation (-Buyer") dated , 1999, regarding
property legally deSet1~d as lots g. 10 and 11. BlOCk 5 (also known as subdiVided lot 5), of the
REVISED MAP OF R H PADGETT'S SUBDIVISION, per Plat B~ 4, Page 32, Public Records of
Pinellas COtJnty. Fl. rProperty.)
TO WIT.
Buyer and Seller .tknowredge end agree that Buyer's obl'gl.lhon to etoH upon the purchase of the
Property snail be ccn<litioned upon th4t satisfaction of both of the following conditions'
(i) Buyer ~ivlng such approvals as Buyer deems reasonably necessary Of' a~opf'iate 'rom
all applicable QQvernmental authorities of Buyer's proposed site plan for the Property
Buyer agrees that it shan undertake to promPtly submit such proposed site plan for
approval and use d,hgenl efforts to obtain the approval thereof prior to the dosing of the
trans~tions contemplated by this Contract,
(ii) Buyer confirming that the Property and the Improvements to be constructed thereon by
Buyer have adequate off site stormwater retention and detention. In this regard. Seller
agrees to cooperate wIth Buyer to determIne whether such stormwater, retention and
detention for the Property may be prov'dsd by those certain Orainage Facilities as
referenced in that certam Drainage Easement Agreement as recorded In OffiCial Record
Book 10195, Page 2255 of the Public Records of Plnellas County, Florida (the "existing
DraInage Easemenr) If such drainage and retention may be accommodated by the
Existing Drainage Easement, then Seller agrees that prior to closing it shall undertake to
modify the DraInage Easement Agreement to confirm that the Property shatl be. permitted
to utilize the Drainage Facilities. Furttler, regardless of Whether the Property ut,liz.s th8
ExIStinv Drainage Easement, Sell.r agrees that pnor to cfoslng, Seller shan provide Buyer
with written assurance thaI the Property may utilize the master stormwater drainage,
retenbon and detention facilities being designed and constructed by Sell. to $GMt various
areas in downtown Clearwater, includif19 the area where the Property is located. Buyers
determination that adequate provision WIll be made for cffsite retention and detem;::)f'l of
Buye"$ stormwater from the Property shall be 8 condition to the closing of the transactions
contemplated by this Contract.
In the event that either of the conditIons hst~d above has not been satisfied by the closing
date as specified in this Contract, Buyer may elect to extend the closing date for a period not to
exceed 00$ hundred twenty (120) days in order to continue to provide for the satisfaction of the
foregoing conditions. In the event that said conditions have not been satisfIed at the expiration of
said one hundred twenty (120) day period, then Buyer. at its option may elect to terminate this
Contract and upon such termlnatlOfl neither party will have any further obJigatiOf't to the other
hereunder
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Item #17
o S{} 0
FrJ 1-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
77
q. ~.q~-
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve payment in an amount not to exceed $65,000 to the Florida Department of Revenue for
assessment of Sales and Use Tax and local Government Infrastructure Surtax and interest thereon,
l&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City col/ects and remits sales tax to the Florida Department of Revenue on those sales
determined to be taxable. A report is filed with the State on a monthly basis with an average sales tax
amount of $78,000 remitted on sale:, averaging $2,040,000 per month.
o The Florida Department of Revenue audited the City for Sales and Use Tax and Local Government
Infrastructure Surtax for the period February 1, 1994 to January 31, 1999. The audit commenced on April
29, 1999 and fieldwork was completed on June 25, 1999. The City was assessed $48,367.47 tax and
$15,452.84 interest. Penalty of $24,184.21 as of 7/23/99 was abated.
· Other local governments that have been audited recently include the City of Largo, assessed for $48,000
and the City of Dunedin, assessed for $72,000 plus 22,000 in professional fees to support their position.
It The major findings of the audit of the City of Clearwater were as follows:
· Revenue from Parks and Recreation Resident and Non-Resident Cards was determined to be
taxable. Sales tax was assessed in the amount of $26,391.20 plus interest of $8,431.68.
· Failure to collect sales tax on Sale of Recyclable Materials to companies without an exemption
resale certificate on file resulted in sales tax assessed for $7,917.60 plus interest of $2,529.58.
· Refunds of sales tax to exempt gas sales customers outside of the refund period resulted in
additional sales tax assessed in the amount of $5,567.23 plus interest of $1,778.66.
· Miscellaneous Parks and Recreation revenue such as Moccasin Lake tours, boxing concessions,
splash parties, and teen dances was determi ned to be taxable with sales tax assessed at $7,666.15
plus interest of $2,449.25.
It Other miscellaneous General Fund revenues such as Jolley Trolley parking and uti I ities, and several
concessions were determined to be taxable resulting in additional sales tax of $825.30 plus interest
of $263.67.
· All of the above issues have been discussed with staff, and procedures for the collection of sales and use
tax have been modified to insure proper collection and remittance of sale tax in the future.
· Payment for this assessment will be funded from third quarter budget amendments from savings within the
department's budget as follows:
. 010-01601-543600-572-000 for 34,057.35(and 572200 for 10,880.93); 426-02043-543600-534-000 for
$ 7,917.60 (and 572200 for $2,529.58); 555-09884-543600-519-000 for $5,567.23 (and 572200 for
$1,778.66); 010-07000-543600-519-000 for $825.30 (and 572200 for $263.67).
Reviewed bYh I jf\
Legal l~
Budget ~
Purchasing ~A
R:sk Mgmt N/A
Info Srvc
Public Works
DCM/ ACM
Other
N/A
N/A
N/A
N/A
Costs
Total 65,000
Submitted by: I
City Manager L...~
Printed on recycled paper
-->
Funding Source:
CI
01' X
Other
See above, XXX-XXXXX.s-+36000-XXX
A YO riat ion Code:XXX.XXXXX.572200-XXX
Rev. 2/<J1J
Current FY 65,000
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Additional Information
was provided with this
item (#17)
See Official Records
Reports/Studies
03~~
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FN~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~2)
~
Final Agenda Item #
SU B J ECT IRECOMMEN DA liON:
Approve the purchase of property, casualty, liability, workers' compensation, Emergency Medical
Services, fuel tank, and flood insurance coverage for Fiscal Year 1999/2000 in an amount not to exceed
$750,000
I!J and that the appropriate officials be authorized to execute same.
SUMMARY:
The Risk Management Division of the Finance Department purchases insurance coverage for the City in the
above-named areas. The City Administration, through its Risk Management Division, recommends that the
City purchase insurance coverage for FY 99/00 as follows:
Insurance Coverage
Company
Premium
Excess Property - Agent (Insurance & Risk Management
Services, Inc'.INaples, FL)
($100,000,000, including the Sand Key Bridge) Redland Insurance Co
$187,453
Subtotal
$187,453
Miscellaneous Coverage as shown below: - Agent
(A.J. Gallagher & Co - Tampa Bay, Clearwater, FL)
Boiler & Machinery
Marina Operators legal Liability
Underground Fuel Tank Liability
Flood Insurance (specific properties)
(estimated premiums for all properties)
American Manufacturers
Hartford Insurance Co
Commerce & Industry
Bankers Insurance Group
$ 5,894
18,450
13,126
23,347
Subtotal:
$ 60,817
(CONTINUED ON NEXT PAGE)
Reviewed by:
Legal
N/A
Originating Dept:
Finance/Risk I"m P
Mana ement
User Dept.
Costs
Budget
1&
Info Srvc
Total
750,000
Purchasing
Risk Mgmt
Public
Works
OCMlACM
Other N/A
N/A
Funding Source:
Current FY
99/00
CI
OP
Other CIF
I:L
Submitted by:
City Manager
~
IIlII Printed on recycled paper
A ro ,riation Code: 590-07000.545100-519-000
Rev. 2/98
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If
Miscellaneous Coverage as shown below:
Agent - (Acordia Southeast, Clearwater, FL)
Crime & Dishonesty
Excess Liability
EMS Liability (Reimbursable)*
GL, Professional, & EMS
Business Auto
Excess G U Professional/Auto/EMS
Travelers Casualty
North River Insurance Co
5,044
238,000
Acceptance Insurance Co
Rei iance Insurance Co
Mt. Hawley Insurance Co
53,193
30,290
14,961.
Subtotal
$344,488
T olal F'remiums for Coverage Shown Above
$592,758
The City is required by contract with Pinellas County to purchase EMS Liabi lity coverage. The purchase of the
insurance is reimbursed by Pinellas County. In addition, the City is in the process of negotiating a contract
with Pinellas County to provide fire protection services to areas outside the City limits, but within Pinellas
County. The proposed fire contract will probably require the City to purchase additional insurance for its fire
engines and other response vehicles. At this time the insurance costs of complying with this new proposed
fire contract can not be ascertained. Risk Management is requesting authorization to purchase such insurance
as may be required to comply with this new proposed fire contract, if adopted, so long as the total premiums
do not exceed the total sum requested in this agenda item.
last year the City's Risk Management staff, with the assistance of Waters Risk Management, submitted a
Request For Proposals for various insurance coverages handled by the City's Risk Management Division.
lhe coverages shown above were recommended, approved by this commission, and purchased. This year the
Risk Management Division is recommending renewal of the coverages shown above.
All property risks are covered at levels and rates which, when taken together as a whole, represent a
reasonable and conservative insurance program for the City.
The recommended renewals are for one year beginning October 1, 1999, except that flood insurance coverage
and underground storage tank coverage have different effective dates.
Funding for the purchase of this insurance has been provided for in the Central Insurance Fund budget for FY
99/00.
In addition to earlier comments about the proposed fire protection contract with Pinellas County, the
difference betvveen the sum requested for insurance coverage of $750,000 and the expected expenditure of
$592,758 is to allow for some changes in insurance expenditures during the fiscal year. These changes most
often arise as a result of acquisition of additional City property or the construction of nevv facilities. The City
may also expand the pollution liability coverage from fuel tank coverage only to a broader pollution liability
coverage when the current program expires in May.
...-...
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Pi) /1-
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Meeti ng Date:
-rr--
cr. ~-~ J
Final Agenda Item #
SUBJECT/RECOMMENDATION: Approve acceptance of one-year grant funding in the amount of
$36,121 from the State of Florida, Office of the Attorney General, 1999-2000 Victims of Crime Act
(VOCA) Grant Program
[Bl and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City of Clearwater Police Department has been awarded a VOCA grant in the amount of
$36.121 that will be used to hire an additional victim advocate.
. The department's Victim Advocate Program currently consists of one full-time victim advocate.
Last year. the victim advocate provided services to 1,340 victims of crime; however, he was
unable to directly assist nearly an equal number of victims - 1,328 - due to constraints on his time
and resources. The department's fullwtime Juvenile Specialist currently serves as backup to the
victim advocate. but not without an adverse impact on her primary area of responsibility - juvenile
offenders and runaways.
. The additional victim advocate hired under the grant will assume the same duties and
responsibilities as provided by the current victim advocate - allowing the department to virtually
double the number of victims served. The victims to be serviced will include victims of child
physical/sexual abuse, QUI/OWl crashes, domestic violence, adult sexual assault, robbery, and
assault, as well as adults molested as children and survivors of homicide victims. VOCA funds
will be used to provide crisis counseling, follow-up contact. information and referral, criminal
justice supporUadvocacy, emergency financial assistance, and assistance in filing compensation
claims.
o Grant funds will provide $32,351 for salary and benefits for the victim advocate. as well as $580
for mileage, $2,420 for computer equipment, $270 for miscellaneous supplies, and $500 for
training. The depaliment's current victim advocate's salary and benefits will serve as the City's
share of the required match in the amount of $47.371. All costs will be charged to Special Project
Code 181-99318.
. The victim advocate position will be a contract position and is not required by the grant to be
retained at the end of the grant year.
. VOCA Program Guidelines require that all grant recipients utilize volunteers in their victim
advocacy programs. Clearwater Police Department already has a volunteer program in place
from which appropriate volunteers will be selected and scheduled to assist with clerical support
activities in the Victim Advocate Program. The department will provide the screening and training
for the volunteers through its current volunteer program. The department will provide office space,
equipment and free parking for the volunteers as well.
Reviewed bYn
Legal ~~l J
Budget
Purchasing n_
Risk Mgmt nfa
Info Srvc
Public Works
DCMfACM
Other
nfa
nfa
Originating Costs
Poli rUL-c-. Total .0-
User Dept.
POIiC~--S:'~ I~ Current FY -0-
Attachments
Funding Source:
CI nfa
or n/a
Other n/a
nfa
Submitted by:
City Man3ger
" None
A propriation Code: 181-99318
Rev. 2/98
Print""" nn roru...IAIi "...nor
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pw d-..
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
~o
Meeting Date:
09/02/99
SUBJECT/RECOMMENDATION:
Award a purchase order to Insituform Southeast, Inc., in an amount not to exceed $203,000.00 for
sanitary sewer lining at various segments along Gulf Boulevard/SR 183-A from the southern City Limits of
Clearwater to Clearwater Pass, in accordance with City Code 2.564(1) (d), other goverrnnental bid,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· Pinellas County is contracting to widen Gulf Boulevard from the Clearwater City Limits to Clearwater
Pass Bridge.
· The City maintains approximately 5000 I.f. of clay sanitary sewer line within the Gulf Boulevard right-of-
way. The County requires that this sewer be lined for structural stability prior to the road construction.
· The City of St. Petersburg awarded a contract to Insituform Southeast, Inc., on April 22, 1998, in the
amount of $1,270,925.00, with defined unit prices, and with a time frame ending May 31, 1999. The
contract was extended by the City of St. Petersburg for an additional year.
o Insituform Southeast, Inc., will perform the work based on the unit prices in the City of St. Petersburg's
contract.
Reviewed by:
Legal
Budget
Purchasing $
Risk Mgmt N/A
~-
7'
info Srvc
Public
Works
DCMlACM
Other
Originating Dept:
Public Works Administration
User Dept.: Public Wo s
Costs
1 atal $203,000.00
Funding Source:
Current FY $203,000.00
Cl X
OP
Other
Attachments
Submitted by: Il
City Manager J\I
[8] None
Appropriation Code:
315-96665-563800-535-000
Printed on recycled paper
Rev. 2/98
.
. . ~, : BOB 9JYER ITI
Pt-DE t-D. 813 651 9814
~9' B3 1999 H~:~ P2
~ (JW g-
~ In1~i~ufot rf!' I Worldw,d~ PipeliM
etll1U) O{{U~~ Il(~ RlhAblli~ncn
r.o. 80x -i1629
JaCkSonville. Fl 32203-' 6~9
Tel 1904, 262.!>802
FIX: (904)292-3196
(8001633-836'-
August 3, 1999
Via Fax (727) 582-4755 -
Ms. Usa M. Mumn, P. E.
Engineering SeNloes
100 S. Myrtle Ave. t200
Cleatwater, FI 33758
Re: In$itufo~ Reconstruction of Sanitary sewer Lines on Gulf Boulevard
(CR 18S-A), Sand Key
Dear Ms. Mumn,
Insitufonn is pleased to offer the following quote to reGOnstruct the above referenced sanitary
sewers. Fricing for this wort is based on our annual contract with The City of St. Petersburg, Florida,
for sanitary sewer rehabilitation; · 968-89 Annual Requirements for Sanitary Sewer Repairs, Phase II &
11I-. This conttact has a one year renewal option which has recently been acted on and renewed by The
City of St. Petersburg.
Although absOlute quantttles and sizes of pipe are not known. we are pleased to oonflrm the forrowing
pricing:
8- $34.00 LF
10" $37.00 LF
12" $44.00 LF
15" $53.00 LF
Please note a deduct of S2.00LF from the contract prices for 15".
A Construction Bond and Certificat9 ot Insurance will be issued as appropriate if awarded this WOItt.
V\lhere the Contrad is not more specific. the terms and conditioll$ govemlng this proposal are as follows:
~~~, Inclusions:
. Certificate of Insurance with standard coverage
. Pre-installation video itlspectiM recorded on VHS tape
. Thorough cleaning of ttte existing pipe prior to installation
o Post-installation video inspection reeorded on VHS tape
. standard one year warranty
Proposal exclusions:
. Premiums for special Insurance coverage requirementsp. Point repairs of any collapsed sections of the existing pipe line
. Pern.it
. Dewatering (wellpointjng)
. Disposal site for debris removed during cleaning
. Please note that if any hazardous or toxic materials are encountered during the project. the
Owner (Generator or City) will be responsible for the removal and disposal ()f the materials
::20
F'R01 : 008 OOYER I T I
PI-DE t-(). 813 651 9814
f1Jg. 03 1999 10: ~ P3
~
Ms, Munin
August 3, 1999
Page 2
froDosal T.~:
. Payment due wfthJn 30 days of completion of the project
. Proposal valid for 4S days
lJIJJlted Warrznt'( .
IN UEU OF ALL OTHER EXPRESSED, IMPUED ANDI OR STATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABIUTY AND mNESS
FOR.A PARnCULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY
DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH
ARE BROUaHT TO THE ATTENTJON OF CONTRACTOR WITHIN ONE YEAR
FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO
ACCOMPUSH sue.. CORREcnON.
MUTUAL RELEASe OF CONSEQUENTlAL DAMAGES.
Neither party $hall be liable to the other for consequential damages relating to or arising out of
the Contract.
We appredat& the opportunity to quote on this project. If you have any questions, please call me.
Sincerely,
INSITUFORM TechnologIes, INC.
~~ i!-~-- -~
Robert F. Boyer,"R~al Representative
Owner Aoceptanoe:
Date:
Please sign and retum one copy of this proposal for our files, Of' if you prefer, a purchase orders
ar subcOntracts for our execution,
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~L_
1. J.1/
Final Agenda Item #
SUBJECT/RECOMMENDATION: Ratify & confirm contract to Tampa Bay Engineering in the amount
of $90,712.00 for emergency repair and retrofit of the Solid Waste Fueling Facility,
(BJ and that the apf>ropriate officials be authorize<1 to execute same.
SUMMARY:
· We have irreparable damage to the electrical system, sumps, dispenser liners, alarms, and other
associated equipment at the Solid Waste Fueling Facility due to inadequate stormwater drainage
design.
· Since system failure on 07/13/99. the City has been unable to provide functional and complete means
of monthly release detection, placing the City in a significant "Non Compliance" status with the Florida
Department of Environmental Protection.
· A compliance inspection conducted by the State on 07/23/99 resulted in an enforcement letter issued
to the City on 08/02/99. The State has agreed to allow the site to remain in operation while repairs are
being made, allowing 60 days from date of original reported system failure.
· Tampa Bay Engineering (Engineer of Record) was issued an emergency PO for $90,712 from CIP
Fund 94761 to re-design, repair and retrofit the facility, although funding for this project was not
originally budgeted for under this code.
e Due to limited contamination discovered during storage tank removal activities at Fire Station #6 and
the decision not to construct a replacement fueling station, a balance of $76,685 remains in CIP Fund
91223.
· Funding will be provided by the transfer of $60,000 from capital project 315-91223, Fire Station #6-
Pollutant Storage Tank, to project 315-94761 General Pollutant Storage Tank Removal. This will leave
adequate funding of $16,785 to cover insurance deductible and miscellaneous costs associated with
future soil and groundwater remediation at Fire Station #6.
Reviewed by:
Legal N/A
Budget ~
Purchasing ~
Risk Mgml. N/A
Info. Services: \~
Public Works
DCM/ACM
GSS
Originating Department:
Public Works Administrat
User Department:
General Support Services
Attachments:
Costs
Total $90,712
Funding Source:
Current FY CI X
OP
Olher
Submitted by:
City Manager
r
one
Appropriation Code:
315-94761-561000-539-000
Printed on recycled paper
Rev. 2/98
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Clearwater City COlnlnission
Agenda Cover MelTIorandum
Worksession Item #:
Final Agenda Item #
Meeting Date:
td;~
1.:) '1_;
SUBJECT/RECOMMENDA TION:
Approval to authorize payment of grant money, in the amount of $56,540.25, awarded from the State
of Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450 Southeast Palm Island,
above the base flood elevation.
J:J and that the appropriate officials be authorized to execute same.
SUMMARY:
The Federal Emergency Management Agency (FEMA) provides Flood Mitigation Assistance (FMA) Program
funds to the State of Florida, Department of Community Affairs, Division of Emergency Management, which in
turn provides funds to eligible communities. Eligible projects within such communities must implement
measures designed to reduce future flood losses.
The State of Florida has given a grant of $56,540.25 to Mr. & Mrs. Ralph Rophie as payment of up to 75% of
the cost incurred in raising their single family home to be above the base flood elevation. The first floor of the
residence, located at 450 Southeast Palm Island had an elevation of 9.13 ft. The required first floor elevation
for FEMA requirements is 11 ft. The lowest living floor elevation of the residence has been raised to 13.7 ft.
This is the first application of this grant program in the City. Staff anticipates that more residents will take
advantage of this program.
The State sent the money to the City, for payment to the homeowners when construction is completed. The
City placed the money in account 181-99125-550400-538-000 to hold for that purpose. The construction is
completed and has passed inspections by the State and National FEMA offices as well as the City's building
division. The residents are now waiting to get their State grant money from the City. Because of the amount
of the money to be released, City Commission authorization is necessary.
Staff recommends approval to authorize the payment of the grant money of $56,540.25 from account 181-
99125-550400-538-000 to Mr. & Mrs. Ralph Rophie, the homeowners of the residence located at 450
Southeast Palm Island.
Reviewed by:
Legal N/A Info Srvc
BUdget~. . . blic Works
Purchasl . _ _. y .. DCM/ACM
Risk Mgmt N/A Other
N/A
N/A
Originating Dept.: Costs
Planning&Devel pm ntSvcs. Total
User Dept.:
Planning& ev Current FY
Attachments
Funding Source:
CI
op
oth er X
N/A
.}
"
Submitted by:
City Manager I L _---
o None
Appropriation Code:181-99125-550400-538-
000
Printed on recycled paper
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Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
~3
Meeting Date:
9/2199
SU 8 J ECT /RECOMMEN DA liON:
Reappoint Candace Gardner as City of Clearwater representative to the Long Center Foundation, Inc.
Board of Trustees for the term 10/1/99-9/30/2002
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Candace Gardner is currently serving a term to 9/30/99. She is interested in reappointment.
Commissioner Johnson is the City's other representative on this board.
No other volunteers for this board are on file with the Clerk Department.
The board meets on the 4th Thursday, every other month, at 4:30 p.m.
Reviewed by: Originating De Costs
legal NA Info Tech NA City Clerk Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCMlACM Captiallmprovpment Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating
Olher
Appropriation Code:
o None
Rev. 2/98
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
rLbY
SUBJECT/RECOMMENDATION:
Adopt Resol ution 99-42 demonstrating support for the South Clearwater Citizens for Progressive Action
in their application to the State of Florida for the Front Porch Florida Initiative.
Meeting Date:
~5
q. ~.4i
Final Agenda Item #
J8I and that the appropriate officials be authorized to execute same.
SUMMARY:
During the 1999 Session, the Florida Legislature approved legislation which establ ished the Front Porch
Florida Initiative. The purpose of Front Porch is to assist urban communities in their revitalization efforts.
One part of the Initiative is to designate three Florida communities in 1999 as Front Porch Communities
who will receive assistance from the State of Florida in the development of an action plan to improve
their community. The State of Florida Office of Urban Opportunity developed the criteria for the
Community Designation which states that, to be eligible, the applicant must be a community-based not-
for- profit organization or coalition of such organizations. The City's role, according to the application
guidelines, is to support an applicant during the review process and in the development of an action
plan.
The Planning Department is currently working with the South Clearwater Citizens for Progressive Action
in the preparation of their application, one component of which is a letter of support from the City
Commission. The Planning Department recommends that the City approve the attached resolution
demonstrating the City's support for the Front Porch application of the South Clearwater Citizens for
Progressive Action.
Reviewed by:
: Legal -fjf!l
Budget NA
Purchas- NA
ing
Risk NA
Mgmt
Originating Dept. :Planning &
Devlpmt. Servi
Costs: None
Info Srvc
Public Works
DCM/ACM
NA
NA
User Dept.:Pla~o---
Total NA
Current FY
Funding Source:
CI
other
Attachments
Resolution No. 99-42
OP
Other
Submltled by:~ ~
__City Man~r 4....-4---
o Printed on recycled paper
o None
A ro riation Code:
, .. ' , '. \. I' f '. ,~ .' ' ,,: , _ !.,"~. . . ~ I ':. *.', . "., . '.. ~ . ~ ,-" I
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RESOLUTION NO. 99-42
A RESOLUTION OF THE CllY OF CLEARWATER,
FLORIDA, DEMONSTRATING SUPPORT FOR THE
FRONT PORCH INITIATIVE APPLICATION OF THE
SOUTH CLEARWATER CITIZENS FOR PROGRESSIVE
ACTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida has issued a call for applications for Community
Designations for the Front Porch Florida Initiative; and
WHEREAS, the South Clearwater Citizens for Progressive Action has
demonstrated an extensive and effective history in neighborhood improvement through
their actions; and
WHEREAS, the City of Clearwater wishes to recognize and support the Front
Porch application submitted by the South Clearwater Citizens for Progressive Action;
now, therefore,
BE IT RESOLVED BY CllY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater supports the Front Porch Florida Initiative
application to be submitted by the South Clearwater Citizens for Progressive Action due
to their proven history of neighborhood achievements. The City of Clearwater will
encourage and support the South Clearwater Citizens in their efforts with the Front
Porch Initiative. The City of Clearwater strongly encourages the State of Florida to
designate the South Clearwater Citizens as one of the first communities under the Front
Porch Florida Initiative.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1999.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
,(
Leslie K. Dougall- i es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 99-42
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
Meeting Date:
QG
Cf. ~ . 1 r
Final Agenda Item #
SU8JECT/RECOMMEN DATION:
Adopt Resolution 99-36 expressing the City's intention to be reimbursed from the proceeds of a tax-exempt
financing and extend the contract with GE Capital Public Finance, Inc. for an additional one year to provide a
$5,026,000 line of credit for fiscal 2000 and authorize all uncompleted equipment acquisitions previously
approved for financing under the current contract with GE Capital Public Financing, Inc. to be financed under the
extension of this agreement,
~ and that the appropriate officials be authorized to execute same.
SUMIV1ARY:
· The City solicited proposals for lease purchase (installment sale) financing for Fiscal Year 95.96. The bidders bid a
percentage of the weekly average index for the five year Treasury Note as published by the Federal Reserve Boare/.
The rate bid by GE Capital Public Finance Inc. (GE) was 87.5% of the weekly average 5 year Treasury Note. The
recent 5 year Treasury average weekly rate was 5.79% which would result in a current borrowing rate of 5.066%
· Staff is satisfied with the current contract and very satisfied with the performance of GE Capital Public Finance Inc.
· Staff has contacted several lease purchasing providers and they have indicated that it is not in the City's best interest
to solicit proposals this year. The first reason is that the City currently has an interest rate as good as or better than
we would get if we went out again this year. Second, is that GE Capital has proven to be exceptionally flexible in
working with staff on lease purchasing computer related items.
. The contract allows for this one year extension~ with the mutual consent of both parties. GE has indicated that they
I
want to renew the contract for one year.
. Approval of this item does not represent a commitment to borrow. Decisions to lease purchase specific items of
equipment must be approved by the City Commission through the year on an individual basis.
. Resolution 99.36 allo'Ns the City to pay the vendors and to be reimbursed from GE tapital Public Finance.
Reviewed by:
Legal ~
Budget ~
p~rchaSing ~
RIsk Mgml N/ A
Info Srvc
Public Works
OeM! ACM
Other
N/A
N/A
--
N/A
N/A
Originating Dept:
Finance Vyy\)
Costs
Total N/A
User Dept.
Finance
Current FY N/A
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Printed 011 recycled paper
Attachments
.,. Resolution No. 99-36
e
A ro riation Code:
Rev. 2/98
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RESOLUTION NO. 99-36
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA ESTABLISHING ITS INTENT TO
REIMBURSE CERT AIN PROJECT COSTS INCURRED
WITH PROCEEDS OF FUTURE TAX-EXEMPT
FINANCING; PROVIDE CERT AIN OTHER
MA TTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Conlmission of the city of Clearwater, Florida (the
"Issuer") has determined that the need exists to acquire certain items of equipment
during the 1999-2000 fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This resolution (hereinafter called the
"Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter
166, Florida Statutes, and other applicable provisions of law.
SECTION 2. DECLA..~t\ TION OF INTENT. The Issuer hereby expresses its
intention to be reimbursed from proceeds of a future tax-exempt financing for capital
expenditures to be paid by the Issuer in connection with the acquisition of equipment as
set forth in the Issuer's 1999-2000 fiscal year budget, as amended and supplemented
from time to time (the "Project"). The Issuer intends on acquiring each item of
equipment constituting a portion of the Project with funds then on deposit in the Issuer's
bank account, and within a reasonable time thereafter refinancing such purchases within
lease purchase financing with GE Capital Public Finance pursuant to a master lease
purchase agreement. It is not reasonably expected that the total amount of debt to be
incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project
will exceed $5,026,000. This resolution is intended to constitute a "declaration of
official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of this
Resolution shall for any reason be held illegal or invalid, such illegality or invalidity
shall not affect any construed and enforced as if such illegal or invalid provisions had
not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts
thereof conflict herewith to the extent of such conflicts, are hereby superseded and
repealed.
;(y;;
" . - ' ,. . . . '. '.' . ~
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SECTION 5. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption this day of September, 1999.
CITY OF CLEARWATER, FLORIDA
Brian Aungst, Mayor-Commissioner
(SEAL)
ATTEST:
Cynthia E. Goudeau, City Clerk
Approved as to form:
Pamela K. Akin, City Attorney
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ClealWater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item it d 7
Meeting Date: 3. ~. cr 1
SUBJECT/RECOMMEN DATION:
Pass Ordinance 6446-99 on 1st reading amending the City of Clearvvater Code relating to Community
Relations.
l&l and that the appropriate officials be authorized to execute same.
SUMMARY:
· Pinellas County has verbally agreed to accept the compliance program of the City of Clearwater. The
campi iance program enforces certain local and federal anti-discrimi nation laws.
· To facilitate the transfer of this program, the City's Code must be amended.
· The City will retain Community Relations programs and efforts. Continuing services provided by the
department will include the investigation of internal City compliance issues and the promotion and
affirmation of the City's commitment to the value of diversity in employment.
· The Community Relations Board is meeting August 31, 1999 to discuss the impact of these changes.
Reviewed bYlkA Originating Dept:
Legal Info Srvc N/A Human Relations
Budget N/ A Public Works N/A User Dept.
--
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other N/A Attachments
Costs
Total N/A
Current FY
Funding Source:
CI
OP
Other
Submitted by: 2~ l, ~
City Manager ('rJI~. ~"-"
U Printed on recycled paper
o None
A ro riation Code:
Rev. 2/98
-
-
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ORDINANCE NO. 6446-99
J7
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO COMMUNITY RELATIONS; REPEALING A
PORTION OF SECTION 12.01; AMENDING SECTION 12.03 TO
DELETE CERTAIN DUTIES OF THE DIRECTOR OF HUMAN
RELATIONS; AND REPEALING SECTIONS 12.02, 12.31,12.32,
12.33,12.34,12.35,12.36,12.37,12.38,12.61, 12.62, 12.63, and
12.64, CODE OF ORDINANCES, RELATING TO
DISCRIMINATORY PRACTICES IN HOUSING, EMPLOYMENT,
AND PUBLIC ACCOMMODATIONS, AND ENFORCEMENT BY
THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater and Pinellas County have agreed that certain
functions regarding investigation and enforcement of anti-discrimination laws shall be
transferred from the City to the County, and it is therefore necessary to repeal portions of the
City of Clearwater Code of Ordinances Getting forth such violations and providing for
investigation and enforcement; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Subsections (2) and (3) of Section 12.01, Code of Ordinances, are hereby
repealed, said Section to read as follows:
Sec. 12.01 Policy and finding.
(1) Basic to good community relations in the city is the God-given dignity and worth
of humanity. Our heritage has provided the moral, ethical and spiritual foundation upon which
civilization is built. Moral and spiritual values intertwined with secular concerns, can unite the
ability of all citizens to achieve the good life, based on universal justice and full opportunity.
The city commission therefore affirms the necessity of good community relations between all
groups in the city, in order to gain continuous growth in the development of a just, righteous and
compassionate society. The city commission further affirms that in the city, with its population
consisting of people of both sexes, married and unmarried, the physically and mentally impaired
and people of every race, age, color, creed, national origin, and ancestry, as well as people of
differing education, social and economic stations, there is no greater danger to health, morals,
safety and welfare of the city and its inhabitants than the existence of groups prejudiced against
one another and antagonistic to each other because of these differences. The city commission
hereby finds and declares that acts of prejudice, intolerance, discrimination and disorder
occasioned thereby thre.aten the rights and proper privileges of its inhabitants and menace the
institutions and foundations of a free democratic state. A community relations board is found
necessary and desirable to encourage and bring about mutual understanding; to assist the
efforts of citizens and groups who are striving to eliminate prejudice, privation, intolerance,
bigotry, discrimination and disorder occasioned thereby; and to give effect to the guarantee of
equal rights for a/l ensured by the constitution and the laws of Florida and of the United States
of America.
(2) l'he city commission furthor find& and doclares that any violation of tho provisiGRS
and st~AdaFds set out in tmB ch3pter chall constituto an irreparable injury to the citizens of -the
Ordinance No. 6446-99
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city, ~nQ the city 3ctiflg on behalf of its citizens Jnd to ensure complk:mce with the policy set out
iA this 6s&tion, shall hays authority to sack injunctive re!ief to terminate or provant any such
violatioF1.
(3) In 3Gdition, the city commission declares th~t the pr~visions of this chapter serve the
fallowing purpo&e~
(~) To pro'Jide for execution within the city of the policies om bodied in Title VIII of the
Ci\6i1 Right6 Act of 1968 (42 U.S. C. S 3601 at ssq.), as amended by the Fair '-"ousing Ptct
Amendmonts of 1 QS88; and
(b) To cecure for all individuals v,'ithin the city the freedom from discrimination
because of race, color, religion, national origin, sex, ~milial status, or h::mdic3p, in connection
with housing :lnd public accommodations.
~~ The provisions of this chapter shall be liberally construed to preserve the public
safety, health and general welfare and to further the purposes stated in this section.
Section 2. Section 12.03, Code of Ordinances, is hereby amended to read as follows:
Sec. 12.03. Director.
The city manager shall employ a director and such other personnel as may be provided
for in the annual operating budget of the city. . It shall be the responsibility of the director to
serve as staff aide to the community relations board, to perform tho duties :lssigneG to the
director by thi&-Ghaptaf, and to perform such other duties of an administrative nature as may be
assigned by the city manager.
Section 3. Sections 12.02, 12.31, 12.32, 12.33, 12.34, 12.35, 12.36, 12.37, 12.38,
12.61, 12.62, 12.63, and 12.64 are hereby repealed in their entirety.
Section 4. This ordinance shall take effect October 1, 1999.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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.{ l"'.lt'Ll ., ~..- .t1
Leslie K. Dougall-Sid
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 6446-99
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. .
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,pw3
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Meeti ng Date:
~<6
r.~.11
Final Agenda Item #
SUB J ECT IRECOMMENDA liON:
,
Adopt Resolution 99-37 authorizing execution of a Highway Landscape Maintenance Memorandum of
Agreement with the Florida Department of Transportation allowing aesthetic improvements to Court
Street by the City,
[!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The revitalization of Court Street is part of the City's "One City. One Future." blueprint. Enhancing Court
Street will leave a positive impression on visitors and residents alike.
. The Department of Transportation requires a Memorandum of Agreement to allow landscaping within their
right-of-way.
. The estimated installation cost is $240,000. Funding is available in the Gulf-ta-Bay (S.R. 60) Corridor
Beautification project. Estimated annual maintenance is $100,000.
Agreement available for review in City Clerk Department
Reviewed by: Originating Dept: Costs
Legal ~ Info Srvc l Public Worl(s Ad Total
Budget N/A Public Works User Dept. Funding Source:
Purchasing N/A DCM/ACM Current FY CI
-- OP
Risk Mgmt N/A Other N/A Attachments Other
Submitted bY:13tLe ~ ~ A ro riation Code:
; City Manager ... o None
I .
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-. .Ii! ~.. - --- _.JllIli1I
RESOLUTION NO. 99-37
~2?
: I
J I
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND
THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR BEAUTIFICATION OF COURT
STREET (S.R. 651) TO BE PERFORMED BY THE CITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Court Street is a part of Clearwater's "ONE
CITY. ONE FUTURE." blueprint, and
WHEREAS, Court Street provides regional access to
Downtown and the Beach, and
WHEREAS, aesthetic improvements to this vital corridor
will shape the impression of tourists, commuters, and residents and
reflect the City's high quality of life; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and
approves the Highway Landscape Maintenance Memorandum of Agreement
between the City and the state of Florida, Department of
Transportation, for the beautification of Court Street (S.R. 651).
Section 2. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this
day of
, 1999.
Brian 1.1. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~-~ -~
.Carassas
Assistant city Attorney
Cynthia E. Goudeau
City Clerk
EXHIBIT "A" to agreement
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HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the day of
,199 ,by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the "Department" and "City of Clearwater", a political subdivision of the State
of Florida, existing under the Laws of Florida, hereinafter called the IILocal Govemmenr.
WIT N E SSE T H:
WHEREAS, the Department owns State Road 651 right-of-way consisting of road
improvements and grassed areas abutting thereon located between HiQhland Avenue and
Missouri Avenue in Pinellas County, Florida (the "Project Highway"); and,
WHEREAS, the Department has responsibility for operation and maintenance of the
State Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway at its
sole expense by installing landscaping which would improve and enhance its aesthetic quality;
and,
WHEREAS, the Department is authorized to contract with local governmental entities
for the performance of its duties where it can be documented that such entities can perform
the duties more cost effectively; and
WHEREAS, the parties hereto recognize the need for entering into an agreement
designating and setting forth the responsibilities of each party in maintaining the landscaping;
and
WHEREAS, the Local Government by Resolution No. 99-37, a copy of which is
attached hereto as Exhibit "A", has authorized its officers to execute this agreement on its
behalf.
NOW THEREFORE, for and in consideration of the mutual benefit's that flow each to
the other, the parties covenant and agree as follows:
1. The Local Government shall install landscaping and irrigation systems on those
areas of the Project Highway as specified in the Construction Plans and Specifications
attached hereto as Exhibit liB", all of which are hereby incorporated herein and made a part
hereof by this reference and all of the work in connection therewith begin hereinafter referred
to as the "Project". In no event shall the Local Government change or deviate from the Project
plans and specifications without plior written approval of the Department. It is the intent of the
parties hereto that except as otherwise provided in Paragraph 8 and 10 hereof, the Local
Government shall be the owner of the landscaping and irrigation systems comprising the
Project.
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MOA-l
12/97
All installations and construction performed pursuant to this Agreement shall be performed in
accordance with all applicable laws, rules, procedures and guidelines of the Department. Prior
to beginning any construction or installation, the Local Government shall verify with the
Department what the applicable requirements are. In the event that any installations are at
any time determined by the Department to not be in conformance with the applicable
requirements, or are determined to be interfering with the safe and efficient operation of any
transportation facility, or are, otherwise, determined to present a danger to public health.
safety, or welfare, said installation shall be immediately brought into departmental compliance
at the sole cost and expense of the Local Government. In the event that the Local
Government fails to immediately remove such installations, or in the event that an emergency
exists, the Department, at its option, may proceed with removal of such installations and
charge the cost thereof to the Local Government.
2. The Local Government at all times shall maintain the Project in a reasonable
manner and with due care in accordance with Department guidelines and standards.
Specifically, the Local Government agrees to carry out the following maintenance
responsibilities:
(a)removaJ of litter from the Project Highway;
(b) watering and fertilization of all plants;
( c) mulching of all plant beds;
(d) keeping plants as free as practicable from disease and harmful insects;
(e) weeding the Project premises routinely;
(f) mowing and/or cutting grass;
(g) pruning all plants, specifically removal of all dead or diseased parts of plants and
pruning of all parts of plants which present a visible hazard to those using the
roadway; and
(h) Removal or replacement in their entirety of all dead or diseased plants or other
parts of the Project that have fallen below project standards. All replacements
should be of the same grade, size and speCification as originally provided for in the
plans and specifications.
The Local Government agrees to repair, remove or replace at its own expense all or part of the
Project that falls below Project standards caused by the Local Government's failure to maintain
the same in accordance with the provisions of this paragraph. In the event any part or parts of
the Project, including plants, have to be removed and replaced for whatever reason, they shall
be replaced by parts of the same grade, size and specification as provided in the original plans
for the Project. Furthermore, the Local Government agrees to keep litter removed from the
Project Highway.
2
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MOA-}
12/97
Construction and Maintenance of the Project shall be subject to periodic inspections by the
Department. In the event that any of the aforementioned responsibilities are not carried out or
are otherwise determined by the Department to not be in conformance with the applicable
Project standards, the Department, in addition to its right of termination under Paragraph 8,
may at its option perform any necessary maintenance without need of any prior notice and
charge the costs thereof to the Local Government.
3. The Department's Local Maintenance Office shall be notified forty-eight (48) hours
in advance of commencing any construction or maintenance activities. The Local Maintenance
Engineer with responsibility for the roadway within this Project is Brian Bennett located at
5211 Ulmerton Road, telephone number (727) 570-5101 .
4. The Local Government stipulates that they have submitted copies of the
landscaping plans to all utilities with facilities within the project limits for their review and
comment. Any conflicts and/or concerns raised by the utilities are to have been resolved by
the Local Government prior to the execution of this agreement. Letters to this effect from each
utility are to be submitted by the Local Government to the Department. Prior to commencing
any field activities on this project, the Local Government is to notify all the utilities of their work
schedule so that any affected utilities can be field located and marked to avoid damage during
construction.
5. The Local Government will comply with all Departmental Maintenance of Traffic
Regulations. All vehicles, equipment and personnel shall maintain a minimum of 15 feet
clearance from the edge of pavement. If the permittee desires to work closer to the edge of
pavement that 15 feet or close a traffic lane, a Maintenance of Traffic plan must be submitted
to the Local Maintenance Engineer for approval prior to beginning construction and/or
maintenance activities. The permittee shall have Maintenance of Traffic certified personnel
set up or supervise the set up and operation of such Maintenance of Traffic devises at the
project site.
6. The Department will require the Local Government to cease operations and remove
all personnel and equipment from the Department's right-of-way if any actions' on the part of
the Local Government or representatives of the Local Government violate the conditions or
intent of this agreement as determined by the Department.
3
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MOA-l
12/97
7. It is understood between the parties hereto that any or all of the Project may be
removed, relocated or adjusted at any time in the future as determined to be necessary by the
Department in order that the adjacent state road be widened, altered or otherwise changed to
meet with the future criteria or planning of the Department. The Local Government shall be
given notice regarding such removal, relocation or adjustment and shall be allowed sixty (60)
days to remove all or part of the Project at its own cost. The Local Government will own that
part of the Project it removed. However, if the Local Government fails to remove the Project
after the sixty (60) day removal period, the Department will become the owner of the
unremoved portion of the Project, and may remove, relocate or adjust the Project as it deems
best. Wherever the Local Government is entitled to remove vegetation pursuant to this
paragraph, the Local Government shall restore the surface of the affected portion of the
project premises to the same safe condition as it was before installation of such vegetation.
The restoration expected shall consists of grading and filling holes and indentations caused by
the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed area.
8. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, if the Local Government fails to perform its maintenance
responsibilities under this Agreement, following fifteen (15) days written
notice.
(b) By either party following sixty (60) calendar days written notice.
9. The term of this Agreement shall be for a period of ten (10) years commencing on
the date of execution of the agreement, with one ten (10) year renewal option. Any renewal
must be agreed upon by both parties in writing thirty (30) days prior to the expiration of the
existing agreement.
10. In the event this Agreement is terminated, the Department may, at its option,
proceed as follows:
(a) Maintain the Project or a part thereof with Department forces or private contractors
and charge the Local Government for the reasonable costs of such work; or
(b) Grant the Local Government sixty (60) days after the date upon which this
Agreement is effectively terminated to remove all or part of the remaining Project
and restore the area to its original prelandscaped safe condition at its own cost and
expense. The Local Government will own that part of the Project it removed. After
the sixty (60) day removal period, the Department will become the owner of the
unremoved portion of the Project and may, in its discretion, remove, relocate or
adjust the Project as it deems best.
4
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MOA-}
12/97
11. To the extent provided by law, the Local Government shall indemnify, defend, and
hold harmless the Department and all of its officers, agents and employees from any claim,
loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Local Government, it agents, or employees, during the performance of the Agreement,
except that neither the Local Government, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or employees
during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been
caused by the Local Government in the performance of services required under this
Agreement, the Department will immediately forward the claim to the Local Government. The
Local Govemment and the Department will evaluate the claim and report their findings to each
other within fourteen (14) working days and will jointly discuss options in defending the claim.
After reviewing the claim, the Department will determine whether to require the participation of
the Local Government in the defense of the claim or to require that the Local Government
defend the Department in such claim as described in this section. The Department's failure to
promptly notify the Local Government of a claim shall not act as a waiver of any right herein to
require the participation in or defense of the claim by the Local Govemment. The Department
and the Local Government will each pay its own expenses for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all expenses at trial.
12. The Department's District Secretary shall decide all question, difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution, or fulfillment of the service hereunder and the character, quality, amount, and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
13. This Agreement embodies the entire agreement and understanding between the
parties hereto and there are no other agreements or understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
14. This Agreement may not be assigned or transferred by the Local Government, in
whole or in part without written consent- of the Department.
15. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
5
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MOA.!
12/97
16. A!! notices, demands, requests or other instruments shall be given by depositing
the same in the U.S. Mail, postage prepaid, registered or certified with return receipt
requested, or by telex or telegram:
(a) If to the Department, address to 11201 North Malcolm McKinley Drive, Tampa,
Florida 33612. or at such other address as the Department may from time
designate by written notice to the Local Government; and
(b) If to the Local Government address to 100 South Myrtle Avenue. Clearwater,
Florida 33756-5520 or at such other address as the Local Government from time
designates by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands, requests and other instruments.
6
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MOA.l
12/97
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
(S EAL)
Kenneth A. Hartmann, P. E.
District Secretary, District Seven
ATTEST:
Executive Secretary
Approved as to Form, Legality, and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney
CITY OF CLEARWATER, FLORIDA
BY:
Michael J. Roberto, City Manager
ATTEST:_
Cynthia E. Goudeau, City Clerk
Brian Aungst,
Mayor-Commissioner
Approved as to form & legal sufficiency
Sy::> c; :=> ~
John Carassas,
Assistant City Attorney
-
Co-Signed:
'7
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Exh. B is with original
document
OSso
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~~
(.J..-11
Final Agenda Item #
SU B J ECl/RECOMMEN DA liON:
Pass on first reading Ordinance 6443-99, adopting the 1999 edition of the National Electrical Code, as amended.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Florida State Statutes 553.19 and 553.73 require the city to pass the latest edition of the National Electrical Code, as
recommended by the Pinellas County Construction Licensing Board (peelB). The 1999 edition with amendments was
approved by the PCClB at the March 16, 1999 public hearing. The proposed ordinance is adopting the 1999 edition of
the National Electrical Code, as amended.
Staff recommends approval of Ordinance 6443-99. --
Reviewed ~ Originating Dept.: Costs
Legal Info Srvc N/A Planning & Devel Total
Budget N/A Public Works N/A User Dept.: Funding Source:
--
Purchasing N/A DCWACM Planning & 0 Current FY CI
Risk Mgmt N/A Other N/A Attachments OP
.) Proposed Ord. 6443-99 Other
Submitted by: None
City Manager A ro riation Code:
Printed on reeye ed paper
, 'ill'
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ORDINANCE NO. 6443.99
dl
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING CODE REGULATIONS; AMENDING
SECTION 47.051, CODE OF ORDINANCES, BY REPLACING THE
1993 NATIONAL ELECTRICAL CODE WITH THE ADOPTION OF
THE 1999 NATIONAL ELECTRICAL CODE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.051, Code of Ordinances, is amended by replacing the
1993 National Electrical Code requirement, with the adoption of the 1999 National
Electrical Code requirement, as follows:
Sec. 47.051. Adoption and enforcement
(1) There shall be enforced within the city, by the building official, the following
standard or national codes, which are adopted by reference:
*
*' *
*
*
(b) National Electrical Code, 1999 1993 edition, published by the National Fire
Protection Association.
*
*
*
*
*
Section 2. This ordinance shall take effect on October 1, 1999.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance 6443-99
...
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APPOINTMENT WORKSHEET
30
FOR COMMISSION MEETING September 2, 1999 APPOINTMENTS Agenda #_
BOARD: Clearwater Housing Authority
TERM: 4 years
APPOINTED BY : Mayor, Approved by City Comm.
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: One member must
be a Public Housing Resident (effective 10/1/84)
MEMBERS: 5
CHAIRPERSON: Robert Aude
MEETING DATES: 4th Friday, 8:30 a.m.
PLACE: Robert H. Levison
Community Center
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 9/2/99
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.
Name
Date of Original
Appointment
Attendance Interest in
Record !!ti!opointment
1 . Terry Byrd
current term ends 9/30/99
1995
7/98 to 7/99 = 13 mtgs
absent once
YES
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name/Address
Comments/Related Experience, Etc.
1 . William Graham
1564 Scott St., 33755
Member Neighborhood & Affordable Housing
Advisory Board (NAHAS)
2. Jill Perrino
2 N. Fernwood, #8, 33765
Member Library Board
past member Community Relations Board
Zipcodes current members:
2 at 33756
1 at 33761 (Mr. Byrd)
1 at 33763
1 at 33767
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CITY.OF CLEARWATER
APPLICATION FOR ADVISORY BOARDS
(Must be Clearwater Lesident)
NAME~J: j)J,'} l~ C (}RA'~
30
RECEIVED
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CITY ClERI( DEPT.
-
Telephone !i1::' .51% -So..3 0 Telephone--
How long a resident of the City of Clearwater? /~ ~,5 '
Occupation :&iReI · /
-
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Referred by: Affirmative Ae.tian Office
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CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
30
RECEJVEl
MA y 18 1995
CITY CLERK
DE!'7:
.
Name
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Home Address:
Office Address:
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Telephone "1 1. <.0 -. <0 ~ i Y
Telephone
Occupation ~Wl' ~~I'
Employer
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How Long a re~iden~ of the City of Clearwater?
Field of Education:
Other Work Experience:
If retired, former occupation -
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I Additional Comments:
Community Activites: _~\J.. ,,~ ~(" ~ "'t..~ ~~ f''::>~~~ ..h ~ ~ "~ ~(:) r l<l~' w',-\-i-
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o t h er In te rests: r "--'" J,. ","':' ~ I w r i+", "':J I 0'\ r +
Board Servic current nd past) Board Preference:
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Signed: ~~
Date: ~ I 'a ("( ~_
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearw r, FL 34618
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8~ \~"99
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C\k 3
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
3\
cr~,cr1
Final Agenda Item #
SUBJECT/RECOMMENDATION: Establish the fire Task Force, determine the scope of the Task Force's
study, set time frame for its work and appoint its members.
-D and that the appropriate officials be authorized to execute same.
SUMMARY:
The Commission has directed that a Fire Task Force be established to identify Fire Department needs and
to make recommendations re what funding solution or solutions should be pursued. The Task Force is
expected to complete its task in approximately 90 days, with the recommendations coming to the
Commission in January 2000.
Consensus of the Commission seems to be to have an 11 voting member Task force. The
recommendations brought forward thus far are:
Non-voting Chairperson -- Bill Horne
2 Fire Administration representatives -- Rowland Herald
TBD
John Lee
Jim Carino
TBD
Fran Briskman
Jean Stewart
Bill Schwab
Russ Kimball
Joe Calia
TBD
2 IAFF representatives
1 City Commission representative
6 citizen representatives
Some of the Commission members are still verifying the availability of individuals they would like to
recommend for appointment to the Task Force.
Staff Recommends an individual from the Finance Department and Legal Departrnent also be present at
the meetings.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
Originating Dept.:
Costs
Info Srvc
Public Works
DeMl ACM
Other
Tota'
User Dept.:
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code:
.- -
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To:
From:
cc:
Date:
RE:
. " ':. .. \., ~" " , .
,-e.. Cl K 3
Mayor and Commissioners
Cynthia E. Goudeau, City Cle@
Michael J. Roberto, City Manager
August 30, 1999
Names for consideration - Fire Task Force
u. 1 31
; C earwater
o
Interoffice Correspondence Sheet
Additional names that have been provided for consideration for appointment to the Fire
Task Force are:
-
Doug Williams
Duke Tieman
George Kraus
Jonathan Wade
.
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3)
CITY OF CLEARWATER
TO:
FROM:
CC:
SUBJECT:
DA TE:
Mayor & Commissioners :(1 6
Cynthia E. Goudeau, City Clerk 6. c. .
Michael J. Roberto, City Manager
Item #31 - Fire Task Force
August 31, 1 999
Address and telephone number now provided for names previously submitted for
consideration:
Fran Briskman -
66 Midway Island, 33767 H: 461-1147
Jean Stuart -
1532 Pinewood St., 33755 H: 442-2000
Bill Schwob -
2574 Sweetgum Way W., 33761 H: 797-1381
Russ Kimball -
1546 Excaliber Dr., 33764 0: 727-1611
Joe Calio -
1290 Gulf Blvd., 33767 0: 596-4059
Doug Williams -
2544 Frisco Dr., 33761 H: 725-3345
Duke Tieman -
1120 Kingsley St., 33756 0: 726-7001
George Kraus -
18675 US19N, #149,33764 H: 536-5219
Jonathan Wade -
908 Pennsylvania Ave., 33755 0: 442-0059
Additional Name(s) Submitted:
Scott Nail -
3209 San Jose St., 33759 H: 725-4694
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~ Clearwater
u
Interoffice Correspondence Sheet
To: Mayor and Commissioners
From: Cyndie Goudeau, City Cle~
CC: Michael J. Roberto, City Manger
Date: September 2, 1999
RE: Fire Task Force - Citizens for consideration
The following recap of citizens named for consideration for appointment to the Fire Task
Force includes the area of the City in which they reside.
Fran Briskman (Island Estates)
66 Midway Island, 33767
461-1147
Jean Stuart (N of Drew, E of Highland)
1532 Pinewood Street, 33755
442-2000
Bi II Schwob (Northwood Estates)
2574 Sweetgum Way W
797-1381
Russ Kimball (SE Clw - off Nursery Road)
1546 Excaliber Dr
727-1611
Joe Cal io (Sand Key)
1290 Gulf Blvd, 33767
596-4059
Doug Williams (Countryside)
2544 Frisco Dr, 725-3345
725-3345
Duke Tieman ( 5 Clearwater)
1120 Kingsley St, 33756
726-7001
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-
--
George Kraus (Bay Aristocrat)
18675 US19N #149, 33764
536-5219
Jonathan Wade (N. Greenwood)
908 Pennsylvania Ave, 33755
442-0059
Joe Evich (Morningside)
2296 Habersham Dr, 34624
539-1631
Scott Nail (Del Oro)
3209 San Jose St, 33759
725-4694
City Employees:
Bill Horne - Assistant City Manager
Rowland Herald - Fire Administration
John Lee - IAFF
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
FROM:
Honorable Mayor and City Commissioners
~\~
Pamela K. Akin, City Attorney
TO:
RE:
Resolution 99-39 Releasing City's Right to Repurchase
Property Owned by Ronald P. Nisk in Clearwater Industrial Park
DATE:
August 20,1999
Resolution No. 99-39 was prepared in order to release any rights to repurchase that the
City of Clearwater may have in certain real property owned by Ronald P. Nisk and located
in Clearwater Industrial Park.
The City of Clearwater sold the real property to Ronald P. Nisk on December 22, 1978,
and included Protected Covenants that apply to all property within the Clearwater
Industrial Park. One of those Protective Covenants included the right of the City to
repurchase the property if it was not developed for industrial purposes. Mr. Nisk's
property was developed for industrial purposes and is currently used as an industrial
warehouse. As a result Mr. Nisk is now requesting that the City formally release its right
to repurchase his property, but all other Protective Covenants will remain in full force and
effect.
PKA:grh
Copy to:
Michael J. Roberto, City Manager
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33
RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RELEASING ITS RIGHT TO REPURCHASE REAL
PROPERTY OWNED BY RONALD P. NISK LOCATED IN
CLEARWATER INDUSTRIAL PARK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater transferred real property in Clearwater
Industrial Park, which is legally described in Exhibit IIA", to Ronald P. Nisk on December
22, 1978, subject to certain Protective Covenants. The Protective Covenants included
the right of the City to repurchase the real property if the real property was not
~'ft:?""~~!",!,..~",.:'-I'~'-'.'\Y . '~~~'!'.:rrr:~~ ~~.. ~}t-+-n~~~,,.''''''',i\~~.~'~<<''<'''''''~1{j''P''f''''?'''~'~Jf:
developed for in.d ustrial purpose~~y:~'n~JSJ.!1;t '~:;9~~!I)~~i~1t i" ~J?,qre!3~~,~);m~~,~t~,~!
"' ' ," ~,'"' ", . : :"~~ t: ~keriY'Jat( n',~eIEfctiorilfL1, ee;fiYml1cra~tcj~$em:an~
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WHEREAS, the City of Clearwater agrees to release its rights to repurchase said
real property because the owner has [q~ developed the real property for industrial
purposes.
WHEREAS, all other protective covenants shall remain in full force and effect;
now, therefore:
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater transferred the real property described in
Exhibit "A" to Ronald P. Nisk on December 22, 1978, as recorded in the Deed of
Conveyance recorded in O.R. Book 4794, Page 1715, Public Records of Pinellas
County, Florida, and a Corrective Deed recorded in O.R. Book 4878, beginning at Page
1120, Public Records of Pinellas County. Florida.
Section 2. The City of Clearwater unconditionally, irrevocably, and knowingly
and intentionally relinquishes, waives, releases, transfers, conveys, and gives [rj~1~~
ml!Ql its rights up to repurchase the real property described in Exhibit &lA" found in those
Protective Covenants of Clearwater Industrial Park recorded in O.R. Book 115.
beginning at Page 347, and as amended in O.R. Book 169, beginning at Page 542, and
O.R. Book 680, beginning at Page 63, all in the Public Records of Pinellas County,
Florida.
Section 3. This resolution shall take effect imrnediately upon adoption.
Resolution No. 99-39
'., ~.,'"
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PASSED AND ADOPTED this
day of
Approved as to form:
Cc-~ :::
~~rassas
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
,1999.
33
2
Resolution No. 99-39
33
EXHIBIT "A"
That part of Lot 3, CLEARWATER INDUSTRIAL PARK, according to the plat thereot
recorded in Plat Book 71, Page 91, which lies South ot the South right-at-way of
Sunnydale Boulevard, said right-ot-way dedicated by Resolution recorded in Official
Records bool< 5859, Page 1727, all of the Public Records of PineIJas County, Florida;
Also described as follows:
A portion of Lots 3 of CLEARWATER INDUSTRIAL PARK REPLA T, as per map or plat
thereof, recorded in Plat Book 71 , Page 91 of the Public Records ot Pinellas County,
Florida; being more particularly described as follows:
Beginning at the Southeast comer of Lot 3 of CLEARWATER INDUSTRIAL PARK
REPLAT, as per map or plat thereof, recorded in Plat Book 71, Page 91 of the Public
Records of Pine lias County, Florida; thence run N 89014'22" W, along the South line of
said Lot 3, a distance of 325.94 feet to the West line of said Lot 3, thence run N
00007'02" W, along the West line of said Lot 3, a distance of 253.39 feet; thence along a
curve to the left an Arc distance of 45.72 feet (said curve having a radius of 50.00 feet, a
chord of 44.14 feet, a chord bearing of N 63041 '26" E); thence run S 89021 '49- E, along
the South line of a 60 foot right-of-way easement a distance of 286.32 feet, to the East
line of said lot 3; thence run S 00007'02- E, along the East line of said Lot 3, a distance
of 274.10 feet to the Point of Beginning;
-rogether with that portion of the vacated cul-de-sac as shown on the plat of
CLEARWATER INDUSTRIAL PARK REPLAT, recorded in Plat Book 71, Page 91,
which cul-de-sac was vacated by Ordinance recorded in Official Records book 5089,
Page 62, all of the Public Records of Pinellas County, Florida, which lies East of the
West line of Lot 3 extended North and South of the South line of the right-af-way of
Sunnydale Boulevard.
Resolution No. 99-39
Preliminary Agenda
(W orksession)
os~~
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Monday, August 30, 1999
Employee of the Month - 8/99 - Terry Schmidt
Convene 8S Community Redevelopment Agency (eRA):
1. Call to Order
2. Approval of Minutes: 8/16/99
3. Recommend City Commission adopt Res. #99-35 which would amend the Community
Redevelopment Plan for the Community Redeveloment Area located in Downtown Area of the
City
4. Adopt Fiscal Year 1999-2000 Community Redevelopment Agency (CRA) budget
5. Executive Director (Assistant City Manager) Verbal Reports
6. Other Business
7. Adjourn
PUR PURCHASING
Florida Irrigation Supply, 1 st of 2 renewal options, irrigation system parts & supplies, 9/3/99-
9/30/2000, est. $40,000 (QOL)
Simon and Schuster Inc., library books & publications, 9/3/99-9/30/2000, est. $29,000 (QOL)
The Booksource, library books & publications, 9/3/99-9/30/2000, est. $35,000 (QOl)
Distribution Video and Audio, library materials, 9/3/99-9/30/2000, est. $29,000 (QOL)
Book Wholesalers Inc., library bool(s & publications, 9/3/99-9/30/2000, est. $81,000 (QOl)
Ebsco Subscription Services, extension, library subscription services, 10/1/99-9/30/2000, est.
$93,000 (QOL)
Ingram library Services, library books & publications, 9/3/99-9/30/2000, est. $255,000 (QOL)
Gaylord Bros, hardware maintenance & software license and maintenance for computer
equipment used at the Library, 10/1/99-9/30/2000, $70,000 (QOL)
Superior Auto Centers, tires, 9/6/99-3/14/2000, est. $85,000 (GSS)
Martin's Uniform, 1 st of 2 extension options, uniforms & misc. equipment for Police personnel,
10/1/99-9/30/2000, est. $90,000 (PO)
Xerox Corporation, extension, satellite copy machines, service & related supplies (except paperl,
10/1/99-9/30/2000, est. $80,000 (IT)
Micro Image, Inc., micrographic services, 10/1/99-9/30/2004, est. $175,000 (elK)
Hewlett-Packard Company, maintenance of hardware, software & network, 10/1/99-9/30/2000,
$29,232 (IT)
Noland Company, extension, gas materials - galvanized pipe & fittings, 10/1/99-9/30/2000, est.
$83,000 (GAS)
Tempaco of Pinellas, misc. gas repair & installation parts, 9/3/99-9/30/2000, est. $192,000
(GAS)
Castle Supply, misc. gas repair & installation parts, 9/3/99-9/30/2000, est. $181,000 (GAS)
ED ECONOMIC DEVELOPMENT
1. Approve contract with IMR Global, Inc., to sell surplus real property, 1158-1164 Gould Street,
Revised Map of R. H. Padgett's Sub., Blk 4 (a/k/a subdivided lot 51, Lots 9-11, for $47,500
subject to terms and conditions, pay transaction closing expenses est. at $450, providing approx.
net sale proceeds of $47,050 (Consent)
8/30/99
1
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FN FINANCE
1. Approve payment in amount not to exceed $65,000 to Florida Department of Revenue for
assessment of Sales and Use Tax and Local Government Infrastructure Surtax and interest
( Consent)
2. Approve purchase of property, casualty, liability, workers' compensation, Emergency Medical
Services, fuel tank, and flood insurance coverage for Fiscal year 1999-2000 in an amount not to
exceed $750,000
3. Res. #99-36 - Establishing City's intent to be reimbursed from proceeds of a tax-exempt
financing; extend agreement with GE Capital Public Finance, Inc., for additional one year to
provide a $5,026,000 line of credit for Fiscal 2000; and authorize all uncompleted equipment
acquisitions previously approved for financing under current contract with GE Capital to be
financed under extension of this agreement
HM HUMAN RELATIONS
1. First Reading Ord. #6446-99 - repealing anti-discrimination compliance program provisions of the
City Code
PO POLICE
1. Approve acceptance of one-year grant funding in the amount $36,121 from State of Florida,
Office of the Attorney General, 1999-2000 Victims of Crime Act (VOCA) Grant Program
( Consent)
PW PUBLIC WORKS
1. Approve final plat for Encore Senior living III, L.L.C., located at 620 Belleair Road, northeast
corner of Belleair Road and S. Ft. Harrison Ave. (Consent)
2. Award purchase order to Insituform Southeast, Inc., in amount not to exceed $203,000 for
sanitary sewer lining at various segments along Gulf Blvd./SR 183-A, from southern city limits to
Clearwater Pass (Consent)
3. Approve Highway Landscape Mainten;mce Memorandum of Agreement; adopt Res. #99-37
authorizing execution of the agreement with FDOT for beautification of Court Street to be
performed by City
4. Ratify/Confirm contract to Tampa Bay Engineering for emergency repair & retrofit of Solid Waste
Fueling Facility, $90,712 (Consent)
PLD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing - Res. #99-35 - amending Community Redevelopment Plan for the Community
Redevelopment Area located in Downtown Area of the City
2. Authorize payment of grant money, in the amount $56,540.25, awarded from the State of
Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450 Southeast Palm Island,
above the base flood elevation (Consent)
3. First Reading Ord. #6443-99 - Relating to Building Code Regulations; amending Sec. 47.051 by
replacing 1993 National Electrical Code with adoption of 1999 National Electrical Code
4. Res. #99-42 - supporting South Clearwater Citizens for Progressive Action in their front porch
application
8/30/99
2
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elK CITY CLERK
1. Clearwater Housing Authority - 1 appointment
2. Long Center Board of Trustees - 1 appointment
3. Fire Task Force
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6429-99 - Annexation for property located at 2892 Union St., Sec. 32-28-1 6, M&B 43.06
(Larry & Marcella Wing (A99-11)
2. Ord. #6430-99 - Land Use Plan Amendment to Residential Suburban for property located at 2892
Union St., Sec. 32-28-16, M&B 43.06 (larry & Marcella Wing (A99-11)
3. Ord. #6431-99 - LOR Zoning for property located at 2892 Union St., Sec. 32-28-16, M&B 43.06
ILarry & Marcella Wing (A99-11)
4. Ord. #6432-99 - Annexation for property located at 2854 Saint John Dr., Virginia Groves Terrace
5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
5. Ord. #6433-99 - Land Use Plan Amendment to Residential Urban for property located at 2854
Saint John Dr., Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-
12)
6. Ord. #6434-99 - LMDR Zoning for property located at 2854 Saint John Dr., Virginia Groves
Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
Resolutions
1. Res. 99-39 - Releasing City's right to repurchase Ronald P. Nisk property in Clearwater Industrial
Park
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
1. Set visioning session for late October
2. Prototype Fleet Maintenance Program Update
Presentation(s) for Thursday Night
1. Representatives Morroni & Bilirakis - legislative Reports and then Morroni will present check for
Florida Recreation Development Assistance Program (FRDAP) grant for Morningside Pool project
2. United 'A/ay Kjck~off
Other Commission Action
Adjourn
8/30/99
3
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
1.~.crJ
Meeting Date:
SUBJECT/RECOMMENDATION: Approve the final plat for Encore Senior Living III, L.L.C.
located at 620 Belleair Road; located in the northeast corner of Belleair Road and South Fort
Harrison Avenue,
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
· The applicant is proposing to develop a congregate care facility with a maximum of 98 beds at this
site. This use was approved under the old code through the conditional use process. This property is
zoned "e" (Commercial). The development has been approved by the Development Review
Committee. It is currently under construction.
Plat available for review in City Clerk Department
Originating Dept:
Public Works A
User Dept.
N/A
Costs N/A
Total
Reviewed by:
legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Current FY
Funding Source:
CI
OP
Other
Public Works
DCM/ACM
Other
Application
'f
;, Location Map
Submitted by:
City Manager
Appropriation Code:
Printed on recycled paper
Final Plat Encore
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.
CITY OF CLEARWATER
CENTRAL PERMITTING DEPARThfENT
100 SO. MYRTLE AVE., 2ND FLOOR
CLEARWATER, FLORIDA 34616
PHONE (813)-562-4567
FAX (813) 562-4576
APPLICATION FOR SITE PLAN REVIEW
APPLICANT (O\NNER OF RECORD):
NAME: SEE ATTACHED
ADDRESS:
PHONE:
CITY/STATElZIP:
REPRESENTATIVE:
NAME:
SEE ATTACHED
ADDRESS:
PHONE:
CITY/STATElZIP:
PREPARER OF PLAN: Michael J. Gavlor,
NAME: GAYLOR ENGINEERING
ADDRESS:
400 Douglas Avenue, Suite C
F.E.,
PROFESSIONAL TITLE:
Professional En ineer
PHONE: (813) 785-8844
CITY/STATElZIP:Dunedin, FL 34698
TITLE OF PROPOSED SITE PLANIPROJECT:
ENCORE SENIOR LIVING
PARCEL NUMBER:
see attached
I I I / I
GENERAL lOCATION AND ADDRESS (IF KNOWN) OF PROPERTY:
Simple location NE corner of Ft. Harrison and Belcher Road
ZONING:
CG to eN
EXISTING USE OF PROPERTY:
LAND USE PLAN CLASSIFICATION:
CG
PROPOSED USE OF PROPERTY:
Vacant, residential, commercial
Congregate care facilities
IF VARiANCES AND/OR CONDITIONAL USES ARE INVOLVED, EXPLAIN (IF MORE SPACE REQUIRED
ATTACH SEPARATE SHEIEl :
Conditional use under CN for congregate care facilities
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PROJECT LOCATION
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ENCORE SENIOR LIVING III, L.L.C.
( Final Plat )
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See Agenda Drawings
#PWl 8-30-99
037::A