12/09/1999
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Agenda: 12-9-99.
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City Commission
Meeting
12-9-99
note: 12-6-99 Preliminary (Worksession) Agenda and paperwork
that was in package initially but then not continued 011tO
Thursday's agenda is at the back of this agenda pack.
! Lj 73
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, December 9, 1999 - 6:00 P.M. - Commission Chambers
1 . Invocation - Commissioner Johnson.
2. Pledge of Allegiance - Mayor.
3. Service Awards - 1 award presented.
4. Introductions and Awards
Proclamation: Miniature Art Month - January 2000
5. Presentations - Given.
a) Don Reynolds - Midland Company - 2 pieces of art presented to Commission
b) Mandy Rice - Tampa Bay Water Desalinization
c) Michele Berman - results of 1999 United Way campaign & recognize campaign team
d) Birgitt Dowd - Turkey Trot Awards - Iron Turkey to Public Works, Stuffed Turkey to City
Commission
e) Kevin Dunbar - Millennium Event
6. Approval of Minutes - Regular Meeting 11/18/99 & Special Meeting 11/15/99 (attorney/client) -
11/18/99 approved as corrected; 11/15/99 approved as submitted.
7. Citizens to be heard re items not on the Agenda
Rex Clark, Julie Lewis, Tony Bacon, and Mercy Walker Dickerson requested the Commission
select a site for the new main library.
Jack Alvord said it is important that staff experts only speak on issues to avoid misstatements.
Beth GoodQame and Jay Keyes said the Clearwater Coalition of Homeowners and Clearwater
Beach Association request citizens be notified 30 days before the City Commission addresses
code changes or other major issues.
Inqa Tate, William Nye, Jeff Barrett, Rav KeseQa, and Michelle Hurley expressed concern the
Kapok Trailer Park, located in a flood plain, has new residents. It was requested the City require
construction of an entryway to prevent heavy tenant traffic through the abutting residential
neig hborhood.
Early Sorenson thanked Commissioners who had attended the Bayview neighborhood block party.
He charged City staff had spoken on public health matters without holding proper credentials.
Dave Sacerra, executive director of the Lisa McPhearson Trust, reviewed the trust's mission
statement and said the organization will provide resources and assistance.
John Tassanari opposed construction of a new stadium.
Chris Lauberg requested permission to close streets for the Florida Beaches Marathon, on
1/23/00 across the Causeway, south over Clearwater Pass Bridge, through Sand Key Park, south
to Indian Shores, east to Pinellas Trail, and return to Clearwater. Commission approved.
John Doran said the new roundabout works well.
Sheila Cole presented the Clearwater Beach Chamber of Commerce Annual Beautification Award
to the entire City for improvements to Clearwater beach and she invited residents to attend the
annual Island Estates Yacht Club light parade 12/11/99.
12/9/99
1
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PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing & First Reading Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility
easement, DelOra Groves, First Addition, Lot 110, subject to complying with Sec. 1 of
Ordinance (Groteke, V99-12>1PW)
ACTION: Approved. Ordinance passed 1st reading.
9. Public Hearing - Declare surplus to City needs development rights for 9 residential dwelling units
appurtenant to City Parking lot #34 (Barbour-Morrow Sub., Blk A, lots 5, 6, & 40) for purpose
of conveying said rights to JMC Communities of Clearwater III, Inc. (JMC), general partner of
Mandalay Beach Club, Ltd., by special warranty deed in exchange for conveyance to City by
special warranty deed development rights for 9 unused residential dwelling units appurtenant to
Meridian of Sand Key, 1200 Gulf Blvd., from JMC, subject to approval of exchange by
Community Development Board & Commission approval of proposed Land Assembly Assistance
and Reimbursement Agreement between City and Mandalay Beach Club, Ltd., documenting the
exchange (PW)
ACTION: Declared surplus.
10. Public Hearing & First Reading Ords. #6470-00, #6471-00 & #6472-00 - Annexation, Land Use
Plan Amendment to Residential Urban and lMDR Zoning, Sunset Highlands Unit 2, Lot 6 (Booker
T. & Hong-Sun Colson)(PLD)
ACTION: Approved. Ordinances passed 1st reading.
11. Public Hearing & First Reading Ords. #6473-00, #6474-00 & #6475-00 - Annexation, Land Use
Plan Amendment to Residential Urban and lMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G.
Bingham III)(PLD)
ACTION: Approved. Ordinances passed 15t reading.
12. Public Hearing & Second ReadinQ Ords. #6404-99 & 6405-99 - Land Use Plan Amendment to
Preservation & IRT Zoning for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B
42.01 (Pinellas County Board of County Commissioners){PLD)
ACTION: Approved. Ordinances adopted.
13. (Cont. from 11/18/99) Public Hearing & First Reading Ords. #6483-00 & 6484-00 - Land Use
Plan Amendment to Residential/Office Limited & Office Zoning for property located at 809 Druid
Rd., Magnolia Park Sub., Blk 40, lots 4 & 5 (Stephen Watts)(PLD)
ACTION: Approved. Ordinances passed 1 st reading.
Public Hearing - Second Reading Ordinances
14. Ord. #6422-99 - Relating to Purchasing; amending Secs. 2.541, 2.542, 2.544-2.547, 2.561-
2.564, 2.622-2.624, and deleting Sec. 2.565, Subdivision IV and 2.601
ACTION: Ordinance adopted.
12/9/99
2
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-27) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single motion.
However, any City Commissioner or the City Manager may remove an item from the Consent Agenda
to discuss and vote on each individual item.
15. Approval of Purchases & Declaration of Surplus per 11/9/99 memorandum:
Scott Smith's Harley Davidson, five 2000 Harley Davidson Road King police motorcycles; declare
surplus to city needs five 1999 Harley Davidson Road King police motorcycles and authorize
trade-in to selling dealer (PD)
Bulk Express, transportation & disposal of land clearing debris, 12/15/99-12/31/2000, est.
$38,350 (PW)
Industrial Refuse Sales, 2nd & Final extension, compactor & roll-off containers, 12/10/99-
12/31/2000, est. $150,000 (SW)
Don Reid Ford, eleven 2000 Ford Crown Victoria police pursuit vehicles (replacement) for use by
Police Department, $268,655; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
Tree-Line Sales and Service, 2nd & Final extension, inspection, certification & necessary repairs
to crane trucks, bucket trucks & related equipment used by various departments, 1/1/2000-
12131/2000, est. $40,000 (GSS)
The Broyhill Manufacturing Company, one 2000 Broyhill Load-N-Pack model 80-HD refuse
collection system (replacement) for use on Clearwater Beach by Solid Waste, $81,142.60;
funding to be provided under City's Master Lease-Purchase Agreement (GSS)
Golden Triangle Portable Toilet Company, Inc., increase contract from $24,500 to newest.
$30,000, portable toilet rental & service during remaining portion of contract ending 12/31/99
(PR)
Golden Triangle Portable Toilet Company, Inc., 1st of 2 extensions, portable toilet rental &
service during 1/1/2000-12/31/2000, est. $30,000 (PR)
lakeside Occupational Medical Centers, P.A., 1 st of 2 extensions, pre-employment & annual
physical examinations and random drug testing for all personnel except those in Fire Department,
1/1/2000-12/31/2000, est. $56,000 (HR)
Standard Insurance Company, 1 st extension, long term disability insurance for employees not
eligible for pension plan coverage during 1/1/2000-12/31/2000, est. $30,000 (HR)
Reliastar Life Insurance, 1st of 2 extensions, SAMP group term life insurance during 1/1/2000-
12/31/2000, est. $50,000 (HA)
SFG Technologies Inc., maintenance & support of SFG and licensed third party programs to be
supplied by SFG for SFG Utility Management System used by Clearwater Customer Service,
10/1/99-9/30/2000, est. $45,000
Tampa Mack Sales, one 2000 Mack roll-off truck (previously approved additionl, $94,650;
funding to be provided under City's Master Lease-Purchase .Agreement (SW)
Kelly Temporary Services, 2nd & Final extension, temporary employment services used by all
departments, 12/10/99-12/31/2000, est. $45,000 (HR)
Pride of Florida, extension, recapped heavy-duty truck tires, 12/10/99-12/31/2000, est. $ 50,000
(GSS)
12/9/99
3
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Brad Ragan Inc., 2nd & Final extension, tires, 1/1/2000-12/31/2000, est. $200,000 (GSS)
Jeffry Knight Inc., d/b/a Knight Enterprises, installation of gas mains & service lines and house
piping installation throughout gas system service area, 1/1/2000-12/31/2000, est. $585,000
(GAS)
16. Brownfields Site Rehabilitation Agreement with FDEP, for property located at 1108 N.
Greenwood Avenue (ED)
17. Contract to WRS Infrastructure and Environment, Inc., for $64,157.50, for source removal of
contaminated soil at property located at 804-804.5 Pennsylvania Avenue, utilizing State
Brownfields Appropriations (ED)
18 Agreement with Greater Clearwater Chamber of Commerce for Fiscal Year 1999-2000, City to
provide $170,000 in funding in exchange for certain tourism services to be provided by Chamber
(ED)
19. Agreement with Clearwater Beach Chamber of Commerce for Fiscal Year 1999-2000, City to
provide $25,000 in funding in exchange for certain tourism services to be provided by Chamber
(ED)
20. Board of Trustees, Clearwater Police Supplementary Pension Fund - reappoint William Schwob
(PD)
21. Second Amendment to contract with logistic Systems, Inc., eliminating Records Management
System (RMS) Software and revising installation, training, interface & project management
portions of contract, while leaving in place, Computer Aided Dispatch (CAD) system as well as
computer hardware already installed for RMS (PD)
22 Accept grant from U.S. Department of Justice/Office of Community Oriented Policing Services
(COPS) for period 9/1/99-8/31/2002, in the amount of $375,000 (PO)
23. Ratify/Confirm Change Order to contract for emergency repair & retrofit of Solid Waste Fueling
Facility with Tampa Bay Engineering, $80,268 (PW)
24. Work Order to Tampa Bay Engineering for services related to rehabilitation of Sanitary Sewer
Pump Stations #20 & #35, $246,838 (PW)
25. Re-approve Joint Project Agreement with FOOT, street lighting at SR55 (US19) and Drew Street
interchange (PW)
26. Approve Final Plat for Belleair Village Subdivision, located approximately 350' West of Missouri
Avenue, lying along South side of Belleair Road (PW)
27. State 2000 Legislative Package (elK)
OTHER ITEMS ON CITY MANAGER REPORT
28. Update regarding Beach Entryway (Roundabout) Project (eM)
ACTION: Update given.
29. First Reading Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal
streets and rights-of-way in the City of Clearwater as a means of providing telecommunication
service; prescribing terms and conditions accompanying the Grant of Franchise (ED)
ACTION: Approved. Ordinance passed 15t reading.
30. Accept notification of eRA Intent to Accept Proposal submitted by Balk Company, Inc. (ED)
ACTION: Continued to 1/20/00.
12/9/99
4
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31. First Reading Ord. #6480-00 - amending City Code of Ordinances and amending City of
Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan
participants (HR)
ACTION: Approved. Ordinance passed 1 st reading.
32 First Reading Ord. 6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393, Code of
Ordinances, to amend or delete definitions; amending Sec. 2.397, Code of Ordinances, to amend
benefits under the Plan; providing for a referendum election relating to the Pension Plan (HR)
ACTION: Approved. Ordinance passed 1 st reading.
33. Extension of Agreement with Clearwater Golf Park (PR)
ACTION: Continued to 1/20/00.
34. Ratify decision made on 10/7/99 to provide $25,000 toward track improvements at Clearwater
High School; approve funding source of unappropriated retained earnings of the General Fund
(PR)
ACTION: Ratified. Approved.
35. First Reading Ord. #6500-00 - establish new non-resident fees for participation at City recreation
facilities and in City recreation programs & activities (PR)
ACTION: Approved. Ordinance passed 1st reading.
36. First Reading Ord. #6477-00 - regarding sale of city owned surplus real property (QOL)
ACTION: Approved. Ordinance passed 1st reading.
37. First Reading Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City
Charter amending Sec. 2.01 (d) 5 (vii) regarding leasing surplus municipal real property (QOL)
ACTION: Approved. Ordinance passed 1st reading.
38. Work Order with Parsons Engineering Science, Inc., engineering services, for preliminary project
development of Pier 60 Parking Garage including financial analysis, $185,200 (Phase 1 A);
authorize loan (bearing interest at cash pool earnings rate) from consolidated cash pool to fund
expenditure until such time as bonds are issued, or in event bonds are not issued, to be repaid
from parking revenues over 10 year period (PW)
ACTION: Approved.
39. Res. 99.46 - establishing the intent to reimburse certain beach parking garage project costs
incurred with proceeds of future tax-exempt financing (FN)
ACTION: Approved. Resolution adopted.
40. Library Board - 1 appointment (eLKI
ACTION: Appointed Rhonda Smith.
41. Other Pending Matters
a) Report regarding Largo annexation of properties North of Belleair Road - Ralph Stone - Given.
Direction provided.
b) Report on review of e-mail issues - Mr. Rice - Given.
12/9/99
5
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CITY ATTORNEY REPORTS
42. Res. #99-51 - Releasing right to repurchase real property owned by Espana Business Center, a
Florida General Partnership, located in the Clearwater Industrial Park
ACTION: Approved. Resolution adopted.
43. Other City Attorney Items - None.
44. City Manager Verbal Reports
City Manager requested appointment of a new Fire Task Force member to replace one who has
resigned. Appointed Doug Williams.
45. Other Commission Action
Commission members wished the City, residents, staff, and each other Happy Holidays and a
happy and safe New Year.
Commissioner Clark recommended appointing a committee to study issues and make
recommendations related to the Phillies agreement, which expires in 3 years. Commission
approved recommendation.
Hooper complimented the County for landscaping installed on Drew Street near SPJC.
Hooper complimented the Wilson Company on the Wellington apartments on Drew St.
Hooper asked that people be aware of the many events going on in downtown over the weekend
and that they be patient regarding contested traffic.
Hooper and Johnson thanked Nancy Hart and Karen Aungst for providing assorted treats tonight.
Hart requested the schedule for the 6-month review of Development Code. Review scheduled for
3/00.
Hart requested scheduling a meeting to determine location for Main library. Issue to be
discussed at 1/18/00 Work Session.
Hart said he has the highest regard for each of his fellow Commissioners, enjoys working with
them and looks forward to the new year.
AunQst reported the Finance Department had been presented an award for excellence.
AunQst reported the Library was rated 1 st nationally for research requests and 30th overall.
AunQst stated he had participated in the Bayview Gardens Parade.
AunQst invited residents to attend concerts on Saturday followed by the illuminated boat parade.
Concert tickets are limited.
AunQst invited residents to attend the dedication of Cherry Harris Park on Saturday.
AunQ~t invited residents to attend the Millennium celebration at Coachman Park on 12/30/99.
46. Adjournment - 10: 11 p.m.
1 2/9/99
6
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM:
Cynthia E. Goudeau, City Clerk Cj
SUBJECT: Follow up from December 6, 1999 Work Session
COPIES: Michael J. Roberto, City Manager
DATE: December 7, 1999
In response to questions raised at the December 6, 1999 Work Session, the following
answers are in final agenda order:
Item #5b - Presentation - Tampa bay Water Desalinization handout is provided.
Item #10 - Ordinances 6470-00, 6471-00 and 6472-00 - corrected map is provided.
Item #15 -Correct Purchasing MenlO is provided.
"Item #29 - Ordinance 6479-00 - KMC Telecom ill, Inc. is sending a map by Federal
Express. Due to the size of the map, it will be shown to the Commission at the meeting on
Thursday.
Item #33 - Clearwater Golf Park - A verbal agreement has been reached with Mrs. Frank;
she will pay the City $1,000 per month (total of $3,000) to receive a three-month extension to
operate the Golf Park through the end of May 2000. If the City Commission does not approve
this e~Lension, the Parks and Recreation Department is preparing to operate the Golf Park until a
new vendor is found. The operation would be achieved by renting equipment and hiring
temporary labor during the transition period; the expense would be offset with greens fees revenue
during this peak time.
Item #41a - Report re Largo annexation - Ralph Stone will provide a verbal report
regarding the Largo City Commission meeting.
Attorney Client Session Minutes of 11/15/99 provided.
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W
Clearwater City
Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date: 12/6/99
12/0/90
SUBJECT/RECOMMENDA liON:
SERVICE AWARDS
and that the appropriate officials be authorized to eXecute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater
BACKGROUND:
5 Years
Brian P. Schonborn
Stephen C. Colbert
Darrin H. Maser
Rebecca P. Aurich
Fire
Fire
Fire
Information Technology
25 Years
Phillip H. Gatewood
Public Works
30 Years
Wayne R. Meissner
Police
10 Years
Diana M. Henderson
Carolynn Duncan
Police
Library
15 Years
Nathaniel McAbee
Eddie L. Blackshear
Brett E. Gardner
Roberta l. Gluski
Janet McMahan
Public Works
Public Works
Public Works/Engineering
Planning & Dev. Svcs.
Planning & Dev. Svcs.
20 Years
Paul A. Hoven
Roger C. Hooey
James E. Lightfoot
Carol D. Harvey
Stephen D. logan
Fire
Public Works/WPC
Parks & Recreation
Parks & Recreation
General Support Svcs.
Reviewc-d by: Originating Oept: Costs
Legal NA Info Tech NA Human Resources Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCMlACM Captialllllprovernenl Current Fiscal Year
Risk Mgml NA Other NA Attachments Operaling
Other
Appropriation Code:
0 None
Rev. 2/98
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TO:
FROM:
COPIES
SUBJECT:
DATE:
Brian Aungst, Mayor
Susan Chase, City Clerk Specialist
City Commissioners, Mike Roberto, Cyndie Goudeau
Presentations at the December 9, 1999 Commission Meeting
December 9, 1999
The following presentations will be made at the December 9, 1999 Commission Meeting:
20 years
Carol D. Harvey, Parks & Recreation (letter of appreciation, watch)
PROCLAMATIONS
Miniature Art Month - January, 2000 (Wally Curtis)
"
PRESENT A TIONS
a) Midland Company - present 2 pieces of art to commission (Don Reynolds)
b) Results of 1999 United Way campaign & recognize campaign team (Michele Berman)
c) Tampa Bay Water Desalinization (Mandy Rice)
d) Turkey Trot Awards (Birgitt Dowd)
e) Millennium Event (Kevin Dunbar)
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Clearwater City COlnlnission
Agenda Cover MeInorandlUTI
Work session Item #:
Meetin~ Date:
B
~
Final AQenda Item #
SUBJECT/RECOM M ENDA TION: Approve the applicant's request to vacate the westerly 3 feet
of the easterly 10 foot utility easement of Lot 110, Del Oro Groves, First Addition, subject to
complying with the conditions specified in section 1 of Ordinance Number 6481--00 and pass
Ordinance Number 6481-00 on the first reading (V99-12 - Groteke)
o and that the appropriate officials be authorized to execute same.
SUMMARY:
.
This property is addressed as 1213 Alameda A venue.
.
There is an existing sw imming pool and deck that encroach into the 10 foot utility easement. The
applicant proposes to construct a screened enclosure over the existing pool. Planning and
Development Services currently requires a survey during reyiew procedures that will prohibit similar
encroachments from occurring. The new Land Development Code will also require a survey per the
Planning and Development Administrator.
.
The applicant will remove any portion of the concrete pool deck that may lie within the remaining
portion of the easement within 30 days of the passing of Ordinance number 6481-00 on second
reading.
.
The City has no existing utilities located within the easement.
.
Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
Reviewed by:
Legal ~
Budget NtA
Purchasing Nt A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
Other
=t
Originating Dept:
Public Works A
User Dept.
N/A
Costs Nt A
Total
Current FY
Funding Source:
CI
OP
Other
NtA
Attachments
Ord. No. 6463-99
Location Map
Submitted by:
City Manager
o None
Appropriation Code:
Print ad on recycled paper
V ACA TION 99-12 GROTEKE
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ORDINANCE NO. 6481-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE WESTERLY 3 FEET OF THE 10.0 FOOT
UTILITY EASEMENT LYING ALONG THE EAST SIDE OF lOT
110, DEL ORO GROVES FIRST ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mary and Walter Groteke, owners of real property located in the City of
ClealWater, have requested that the City vacate the utility easement depicted in Exhibit "A"
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the same be
vacated; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
Westerly 3 feet of the 10.0 foot utility easement lying along the East side of Lot
110, Del Oro Groves First Addition, as recorded in Plat Book 69, Pages 56 and 57
of the Public Records of Pinellas County, Florida.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of
its right, title and interest thereto subject to the removal of the portion of any concrete pool deck
that encroaches into the remaining portion of the easement as described in Exhibit liB".
Section 2. The City Clerk shall record this ordinance in the public records of Pinel/as
County, Florida, following compliance with conditions set forth in Section 1 above.
Section 3. The recording by the City Clerk of this ordinance shall be conclusive evidence
of the full satisfaction of the conditions set forth in Section 1 above.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~e~
Assistant City Attorney
Attest:
~
Cynthia E. Goudeau
City Clerk
Ordinance No. 6481-00
'!.<
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NORTH
NOT TO SCALE
Exhibit "A"
1213 ALAMEDA A VENIJE"
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
S-T-R: 9-29S-16E
Grid 1/: 2748
THIS IS NOT A SURVEY
NAME: GROTEKE
Voc99-12
Drown by. EA
Dote: 09/15/99
Ordinance 6463-99
Plat Book 69 P09t!1 ~6 /lc ~7
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C I T Y 0 F
CLEARWATER
I' 0 B .- '8 C F 23--~ . - Q
)()~r HICE ox -i. -i . I E\I\\\AIl'R, "IORIO\~) i )LJ--i i-iu
TEIEPH()\E (727) 562"1-::;0 F.l.X C2-) 562...-:-55
PruLlc WORKS
:\o~U~ISTRA TIO:-;
October 12, 1999
EXHIBIT "B"
City of Clecuwater
Public \Vorks Administration
100 S. tvlyrtle Ave., #220
Clearwater, FL 33756-5520
Re:
PARCEL:
LEGAL:
ADDRESS:
09-29-16-20828-000-1100
Lot 110, Del Oro Groves, First Addition
1213 Alameda Avenue.
To whom it may concern:
Upon approval of the 3-foot vacation of the utility eclSement described in ordinance No. 6463-99 by the
City of Clearwater Commission, I agree to remove any portion of concrete pool deck that may lie within
the remaining portion of said easement. It is my understmding that the deck will be sa\v a.Jt and
removed at my expense. Thi r. will be completed within 30 days of the passing of scud ordinance on
:::~: rea~in ~ - Date 10113 / 91
\\falter R. Groteke
Y"/J Y? /2 - "" :
Signed //ltL'~ .'~' ~/f___~.
Mary L r;1r"oteke !l
Date
ItJ~~/99
~ .
TIle foregoing instrument was acknowledged before me this c) (,t t.,\ b..J 1 \..( , I cl (I q
\.Jt\\.r~ .(, l;>tl;;t.~ H bQ.. \-\~. <.T\";?',, ~ <)1(,- '1(,-~l)7c.:
by (V\,,/l..~ \.. 6~ itKE, who is personally known to me orwho has produced ~\ 'tH LIe.:... (....t.~ 1.- '. 5il. 4~1" '?'iD . C
,-,
as identitication and who did ~'take im oath.
j Li~lt" ~ ~~'Y\...J.... NotUJ' Public, Commission No.
....-.....,,.,,, ,.,., ^~.,..
( ..:.. ", . ,.'""'
\0. 1I~~-2,j~,o.
(N,unc of Notary typed, printed or stamped)
V AC 99.12 Grote ke .doc
Q:\E Cln-. Q:\E Fl1TRE.
BRlA.'> J. AlSGST. ~L\YOR.CO\I.\\I~~IO:\EiI
En HOOPER. VICE ~l\YOR.CO~I\IISSI0:\ER
ED H.\RT. CO\I\!:~~IO\ER
@
ROB CL\RK. CO\I\!I'~IO:\ER
J. B. J(m.,>~o;\. CO\!.\lb<'J(j:,>i:R
"EQI:AI. E~lPI.OY~IE\T ,l.~';D ..\1'FIR.\L\Tl'.1: :\CTIO~. E'.IP10'luf'
:~~~l'
8S/25/199Q 11:43
72755/4755
Et.G
PAGE 62
- J
CITY OF CLEARWATER - ENGINEERING SERVICES
100 SOUTH MYRTLE AVENUE - ROOM 211
P.O. BOX 4748, CL~WATER, FL. 33158-4748
PH. (813)562-4750, FAX (e13)562.475~
VACATION REQUEST
FILING FORM
FORM troKB&~
1311-0104
1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME: t?1/JeA.f t W/l,,~ GeeJ TeAL PHONE (7.;2.7) 7 c; t - 7.s-~
ADDRESS: /~,.(...-3 /J~lfmel>A" A v~. J (!,Le.A-ewA-~
,
HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE
VACATION OF THE FOLLOWING:
B EASEMENT TYPE:IATIL.1T1
DALLEY
D
o
RIGHT-OF-WAY
OTHER
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM
WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY
DESCRIBE HOW MUCH TO BE VACATED.
3. STREET ADDRESS OR SIMPLE LOCATION:
I:;' /3 /l-~A-rn6/JA ,.4 V 6- (. E AS€m&u, I'u ~c.A-e o-f
P~}~~T7).
4. PROPOSED USE OF VACATED PROPERTY:
"-i:; .:z::A.J-srA- L. L- /9 f/.,o L. C: A-G-c t:> V ~c)i- oec./C 77f-/f"r /5
_ . nLLLJ-/ o.L- &0'- b cc..t:.. I~ 0 AJ
~lXT~Cij./ / 70 E,4~fi1e.If/r: rr'TC I
~€/n8</r
5. ZONING OF ADJOINING PROPERTY:
FILE - VACATION REQUEST
FILL1NG FORM.F.NG
roJUf REVISED
08/13/97
Pnnkd OIIltCY'Cted ~
PAGE 1 OF 3
08/25/1999 11:43
7~7502~755
Et;;
P~GE 03
.
.~
6. ATTACHMENTS:
X LAND SURVEY Of PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN
EXISTING ENCROACHMENT.
X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY
(SURVEY, PLOT PLAN, ETC.>
X FILING FEE PER ORDINANCE NO. 5969-96;
$500.00 FOR A RIGHT-OF-WAY j ALLEY OR S400.00 FOR AN EASEMENT
THE FOLLOWING LETTERS or NO OBJECTION ARE REQUIRED:
(LIST O~ CONTACT PERSONS FOR THE UTILITIES IS ATTACHED)
X FI.,ORIDA POWER CORPORATION
X GENERAL TELEPHONE COMPANY
X GTE - AMERICAST
X TIME WARNER CABLE
OTHER
7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT)
NAME: /J1/l-bf $tU/J.'-~ G~~CE PHONE:C1~7) 19~ 7sLf.3
ADDRESS: /;L/,3 A.LMle-l> A- 4ve... I C'.../- EA-eo-/rh--e.t<-
,
8. OWNERS SIGNATURE ~
/7/a
STATE OF FLORIDA) G to ' 3JJo/~1o
COUNTY OF PINELLAS) -rw.f ~()O.J. 8/~""~1o ~"-I' j ~ .
The foregoing instrument was acknowledged before me this ~-t q) r q'1tj'
by .~W C&tt'r- Grc:t:ere p . ' who is personally known to me or
who has produced Ao. ~Vt\..O Lt.O.~..o-J as identification
who di~ take an oath.
42.t. ~f-L.,' t.Jor Notary Publ ie, Conunission No.
~r AnI') WOr7(c, (Name of Notar
ed)
T9RY ANtI WONG .
~,Jym99
)OHDe) TMOIJOH'
AOVNflI.OI W1IAn
FILE - VAC~TION REQUEST
FILLING FORK.ENG
FORM R&vtS~D
08/13/97
~ Oft rec)ded pef*
PAGE 2 OF 3
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BCNCH/JARK.
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AS RECOROfD W PlAT /lOOK 69. PACCS ~ .. 57, PU8l..1C RCCOROS Of' PINCLlAS
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OFFICE LOCATION: IJ05 SOUTH HIGHLAND AVf:
CU:J,RW.A.TfR, HORIDA .:146'6
SURVEY NOT VALID UNLESS
EMBOSSED WITH SURVEYORS SeAL.
PREPARED FOR AND CERTIFIED TO:
WALTER R. &- MARY L. GROTEKE
PIONEER TITLE INC.
AMERICAN PIONEER/CHICAGO TITLE INSURANCE CO.
THE PRUDENTIAL HOME MORTGAGE CO. INC.
--.
TARGET LAND SURVEYING. INC.
P.O. BOX 66J
DUNEDIN. rL 34697-0663 PH'(81J) 784-057J
I hl'f.~t.y c~r"'y /hot this su,vey ...os modtl und~r my responsibll'
CNm}e an-1 meets lh~ minimum Technical Standards o. s"t fo,'I>
by t,1e no,ido Beard of Professional Land Svrvl1Yors in Chop'er
61 G 17. r:otido .A.drlinl$/,olive Cod~, puovont to S~tion 472.027,
f1or4'7 ~tallJlu .
~~~
Philip C. Stock, RLS IJOJ5
JJ-LN../-95.
CATr OF CERTiFICATION
Field Survey 10-.30-95
FBI 288-A P9~
Jobl 95/026.0/
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Item #9
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Clearwater City Comlnission
Agenda Cover MemorandulTI
Worksession Item #:
Final AQenda Item #
9
Meetinq Date:
12-09-99
SUBJECT/RECOMMENDATION: Declare as surplus to City needs development riqhts for 9
residential dwellinQ units appurtenant to City Parkino Lot #34 (BARBOUR-MORROW SUB..
Block A. Lots 5, 6 and 40) for the purpose of conveyinq said riQhts to JMC Communities of
Clearw ater III. Inc.. oeneral partner of Mandalay Beach Club, Ltd. by special warranty deed in
exchange for conveyance to the City by special warranty deed development rights for 9 unused
residential dwellinQ units appurtenant to Meridian of Sand Key, 1200 Gulf Boulevard. from JMC
Communities of Clearwater. Inc.. subiect to approval of the exchanqe bv the City's Community
Development Board and Commission approval of the proposed Land Assembly Assistance and
ReimbLlrsement AQreement (the II Aqreement") between the City and Mandalay Beach Club.
Ltd. documenting the exchange,
(B] and that the appropriate officials be authorized to execute same.
SUM MARY:
· One of the maior elements of the City's One Citv. One Future community revitalization
effort is implementation of the StrateQic Redevelopment Plan for Clearwater Beach (the
II Plan" ).
· One of the areas identified in the Plan for priority redevelopment as a unit is a port ion of
CLEARWATER BEACH PARK SUB. and all of FOUR SEASONS LANDINGS. a condominium
bounded by North Mandalay on the East. Papaya on The South. San Marco on the North
and the westerly limits of said plats on the West C' project area" ).
· JMC Communities Ill. Inc. (" JMC"). d/b/a Mandalay Beach Club. Inc.. proposes to construct
not less than 140. nor more than 200. residential dwellino units within the proiect area.
The proiect may also include retail and restaurant uses with related pedestrian walkways.
streets, parking and infrastructure improvements,
· The proposed AQreernent. amono its other provisions. provides in Section 5.04(e) that the
City w ill transfer to JMC development riQhts sufficient for JMC to construct a total of 157
residential dwellinQ units within the project area. In exchan08, JMC w ill transfer to the City
development riohts for an equal number of unused residential dwellinq units from its
Meridian on Sand Key project.
o The proposed actions are qoverned by and complv with provisions of Section 2.01(d)(5)(iv)
of the City Charter. Thev also implement ooals. obiectives and policies of the Coastal Zone
Management element of the City's ComprehensiY8 Plan, and further realize the vision of One
City, One Future.
Reviewed by: ~ Originating Dept: Costs NA
Legal Info Srvc NA Public Warks / Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCM/ACM Planning & e . Services Current FY CI
Risk Mgmt NA Other NA Attachments OP
other
Submitted by: i
City Manager \
o Printed on re~ycled paper
[X ] None
DEV RIGHTS XCH AGN. ewb1199
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LOCATOR MAP:
TOR EXCHANGE PARCELS
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Oearwater Oty Commission
Agenda Cover Mmorandum
Worksesslon Item #:
Rnal Agenda Item #
lO
Meeting Date: December,9, 1999
SJaET/RECOMMENDATION:
. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1432 Sunset Point Road;
Owners: Booker T. Colson & Hong-Sun Colson
MOllON: Approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban and
Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 6, Sunset Highlands Unit 2,
and pass Ordinances No. 6470-00, 6471-00 & 6472-00 on first reading. (ANX 99-10-18)
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The property owners have requested this annexation in order to receive City water and sewer service. The
property will have a land use plan designation of Residential Urban and the proposed zoning is Low Medium
Density Residential (lMDR). The subject site is an existing single family residential home. This annexation
will result in eliminating the last enclave in this subdivision.
CD Water and sewer service will be provided by the City of Clearwater and capacity for the project is available for
both utilities. The closest water line is immediately adjacent to the property in the Sunset Point Road right-of-
way while the sewer line is located at the rear easement of the subject site. The required sewer impact fee of
$900.00 was paid by the applicants on August 31, 1999.
. The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the
Countywide Plan both with regard to the Future Land Use Map as well as goals and policies.
. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
G The Community Development Board will review this annexation request at their regularly scheduled public
hearing meeting of November 16, 1999.
Reviewed by: Originating Dept: Costs
Legal ~d- Info Svc PlANNING AND Total
DEVB-OPMENT
Budget N/A Public Works User Dept. Funding Source:
Purchasing N/A DCM/ACM Cu rrent FY CI
Risk Mgmt N/A Other Attachments OP
Other
ORDINANCES NO. 6470-DO,
6471-00 & 6472...QO
Submitted by:
City M .mager
U Printed on recYcled paper
L
o None
A ro riation Code:
-
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~
NORTH
," = 1320'
Location Map
BOOKER T. COLSON & HUNG-SUN COLSON
1432 SUNSET POINT ROAD
ANX 99-10-18
,,""',"
;.:.~ C,EA&>..;....-:. CITY OF CLEARWATER. FUJRlDA
J~~,',~ ~,
l~,:::. 61 PUBue WORKS ADMINISTRATION
-.f1>...... $,. E [N
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EXISITING SURROUNDING USES
Booker T. Colson &
Hong-Sun Colsun
1432 Sunset Pain t f~ood
I ANX: 99-10-'18
t _pji O_P-i_ll TX-__D ESe RIP T I 0 N:
Lot 6, Sunset Highlands Unit 2
LAND USE PLAN
Residen lial Urban
Residenlial Urban
_ZQ~I~<i
R-.)
LMOI~
Right-of-way:
SEe: 2 TWP: 295
ACRES: 2
RANGE: 15E
PROPERTY SIZE ACRES:
o.zo
ATLAS PAGE:252A
COMMUNITY DEVELOPMENT BOARD: November lb, 1999 CITY COMMISSION: December 9. 1999
rile No. A99-19,DWG
Prepared by: EA- Public Works Administration
....' ,"...,-' ,-'. ,,- ljj...\" . 1. ,,, '.. t ...... _ ..,....." '.' . . . , . ....' I \' ,I ~.. . A.'" ~ '. h, "
I-lOC a l i () Il tv1a p
BOOK.[R',:',':LSON & HUNG -SUN COLSON
, 4 J 2 S U r~ S E"7" ::) (;! ~ ~ T R 0 AD
ANX 99-10-'.3
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEEJIDJG
.. I.", . " , . ~ ~; I", . ~ I
ORDINANCE NO. 6410-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 410 FEET EAST OF KING'S HIGHWAY AND
110 FEET SOUTH OF WILSON ROAD, CONSISTING OF LOT 6,
SUNSET HIGHLANDS UNIT 2, SECTION 2 TOWNSHIP 29
SOUTH RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
1432 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID 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 6, SUNSET HIGHLANDS UNIT 2, according to the Plat thereof as recorded in Plat
Book 41, Pages 70 and 71, Public Records of Pinellas County, Florida.
(ANX 99-10-18)
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Siees
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6470-00
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18 "- -
PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
Booker T. Colson &
Hong-Sun Colson
1432 Sunset Point Road
A N..I = 99-10-18
j'1l0PERTY QES(;I.IPTION:
Lot 6. Sunset Highlands Unit 2
FROM:
TO:
J,AND USE PLAN
Residential Urban
Residen tial Urban
PIOrllTY SIZE ACRES: 1.2'
lillt-,f-..}: AC.XS: 2
SIC: TWP: 295 RANGE: 15E
ZONIN~
R-3
LMDR
ATLAS PAGI:252A
COMMUNITY DEVELOPMENT IOAID: November 16. 1999 CITY COMMISSION: OecernbtY 9, 1999
File No. A99-19.DWG
Prepared by: EA- Public Works Administratioo
Ordinance No. 6470-00
Exhibi t "A"
10
~
I : ,.{, <!IJ " ,\.,. t, " f ' , ' ~' ...'\, ' , , '. '. '
. ORDINANCE NO. 6471-00
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 410 FEET EAST OF KING'S HIGHWAY AND
110 FEET SOUTH OF WILSON ROAD, CONSISTING OF LOT 6,
SUNSET HIGHLANDS UNIT 2, SECTION 2 TOWNSHIP 29
SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
1432 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE.
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
Lot 6, Sunset Highlands Unit 2, according to the Plat
Thereof as recorded in Plat Book 41 , Pages 70 and 71,
Public Records of Pinellas County, Florida.
(ANX 99-10-18)
Land Use CateQory
Residential Urban
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6470-00, subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Appr?ved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6471-00
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------------.
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--
...
PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION
OWNEll: Booker T. Colson &
Hong-Sun Colson
1432 Sunset Point Rood
ANX: 99-10-18
PROPERTY DESCRIPTIO~:
Lot 6. Sunset Highlands Unit 2
FllOM:
TO:
LAND USI ~LA!{
Residential Urban
Residen tial Urban
ACt ES: 2
RANGI: 15E
ZONING
R-3
LMDR
I.Z'
PIOPIITY SIZE ACRES:
11...-"-..,:
SIC: TWP: 295
ATLAS PAGE:252A
COMMtJNITY DIVILOPMENT IOAID: November 16, 1999 CITY COMMISSION: December 9. 1999
File No. A99-19.DWG
Prepared by: EA- Public Works Administration
Ordinance No. 6471-00
t .'; f f"! I : . W, f ... .
ORDINANCE NO. 6472-00
I
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY lOCATED APPROXIMATELY 410
FEET EAST OF KING'S HIGHWAY AND 110 FEET SOUTH OF
WILSON ROAD, CONSISTING OF LOT 6, SUNSET HIGHLANDS
UNIT 2, SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1432 SUNSET POINT
ROAD, CLEARWATER, FLORIDA 33755. UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSIn'
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
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 CITY COMMISSION OF THE CITY 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:
PropeJjy
Lot 6, Sunset Highlands Unit 2, according
To the Plat thereof as recorded in Plat
Book 41, Pages 70 and 71, Public Records
Of Pinellas County, Florida.
(ANX 99-10-18)
Zoninq District
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. 6470-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6472-00
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I'" 83 B n", 00
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w 6
82 81 80 79 78 77 76 75 7+ 73 72 71 ~
18 ~ ...
PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNE:a: Booker T. Colson &
Hong-Sun Colson
1432 Sunset Point Road
AN):: 99-10-18
PROPERTY DESCJ,IPTION:
Lot 6, Sunset Highlands Unit 2
PROM:
TO:
~AND USI PLAN
Residential IJrban
Residential Urban
ZONING
R-3
LMOR
pnOPllTY SIZE ACRES: 1.211
Il.'.-If-..,: AC:aIS: 2
SIC: fWP: 29S IAMGI: 15E
ATLAS P AGI:252A
COIIIIUNITY DEVELOPMENT IOAID: Nowmber 16. 1999 CITY COMMISSION: Oecanber 9.1999
File No. A99-19.DWG
Prepared by. EA- Public Works Administration
Ordinance NO. 6472-00
\,.
j . : ,. I / oj I'. .. ,. . ., "t ~ 1" .. '.' . ',' , . '~.' , , ' ' r. . '~\..
1v9 lk
Oearwater Oty Colmnission
Agenda Cbver Mmorandum
Worksession Item #:
R nal Agenda Item #
D
Meeting Date: December 9,1999
SU B.B:T/RB:OM M EN DA 11 0 N :
· Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 13 South Meadow Lark Lane;
Owner: Taylor G. Bingham III
MOllON: Approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban and
Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for M & B 22/04 in Section 16-298-
16E, and pass Ordinances No. 6473-00,6474-00 & 6475-00 on first reading. (ANX 99-10-19)
C and that the appropriate officials be authorized to execute same.
SUMMARY:
· The property owner has requested this annexation in order to receive City water and sewer service. The
property will have a land use plan designation of Residential Urban and the proposed zoning is Low Medium
Density Residential (LMDR). The site is currently vacant. Upon annexation, the owner desires to build a single
family home at the subject site.
· Water and sewer service will be provided by the City of Clearwater and capacity for the project is available for
both utilities. The closest water and sewer lines are immediately adjacent to the property in the Virginia Avenue
right-of-way. The required sewer impact fee of $900.00 was paid by the applicant on September 30, 1999.
· The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the
Countywide Plan both with regard to the Future Land Use Map as well as goals and policies.
· The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
o The Community Development Board will review this annexation at their regularly scheduled public hearing
meeting of November 16, 1999.
Reviewed by:
Legal >l:L:\
!]ALA-
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Svc
Costs
Total
Public Works
DCM/ACM
Other
Current FY
Fundi ng Source:
CI
OP
Other
Attachments
ORDINANC5SNO.6473-00,
6474-00 & 6475-00
SJbmitted by:
City Manager (
V Printed on recycled paper
o None
Rev. 2/98
. ' , ' I . ',"'i J . " ..... . , : I' ' . 'I" .. , " "
Location Map
TAYLOR G. SINGH AM III
13 S. MEADOW LARK LANE
ANX99-10-19
;
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CITY OF CLEARWA'l'ER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGltfEERING
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EXISTING SURROUNDING USES
OWNER: TA YLOR G. BIr'-JGHAM III
13S. MEA.DOW LARK LAN E
CLEARWA TER, FL.
LA_ND USE PLAN ZONING
FROM: RESIDE~ITIAL URBAN LMDR
TO: RESIDENTIAL URBll.N R-3
ATLAS PAGE: 292A
AN X: _29-10-19
------ ----
PROPERTY DESCRIPTION:
M & 8 22/04 in 16-29S-16E
-- --.----
PROPERTY SIZE ACRES: 0.12
Rightaor-way: ACRES: N/A
SEe: 16 TWP: 29S RANGE: 16E
COMMUNITY DEVELOPMENT BOARD: NOVEMBER 16. 1999
CITY COMMISSION: DECEMBER 9.1999
rill' f\1f'l AQQ-1Q rlwn
-
- ----"'I~
------
..,. ,I . ' ~,'l " ' .. ~ ~ .' ". -.. "I:" ~ . ','.1. ' : " I ., " I :' -6 " \ ,,;', ',:' ",'
ORDINANCE NO. 6473-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 340 FEET
EAST OF BAYVIEW ROAD AND 700 FEET WEST OF MCMULLEN
BOOTH ROAD, CONSISTING OF THE WEST 106 FEET OF THE EAST
306 FEET OF THE SOUTH 90 FEET OF THE SOUTH ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHWEST ONE-QUARTER OF SECTION 16 TOWNSHIP 29
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 13
SOUTH MEADOW LARK LANE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNOARY LINES OF THE CITY TO
INCLUDE SAID 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:
The west 106 feet of the east 306 feet of the south 90 feet of the south one-half of the
southwest one-quarter of the northwest one-quarter of the northwest one-quarter of Section
16, Township 29 south, Range 16 east, less and except existing road right of way. (ANX
99-10-19)
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 immed,iately 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
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. 6473-00
, .- ,. , ," , >' .' . J' . . " .~' ' i/ " . ' ,..) .' It . . J ;.., , '.
QRDINANCE NO. 6474-00
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 340 FEET EAST OF BAYVIEW ROAD AND 700
FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF THE WEST 106
FEET OF THE EAST 306 FEET OF THE SOUTH 90 FEET OF THE SOUTH
ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 16
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS
IS 13 SOUTH MEADOW LARK LANE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN PROVIDING AN EFFECTIVE DATE.
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
The west 106 feet of the east 306 feet of the south
90 feet of the south one-half of the southwest
one-quarter of the northwest one-quarter of the
northwest one-quarter of section 16 township 29
south, range 16 east, less and except existing
road right of way.
(ANX 99-10-19)
Land Use Cateqory
Residential Urban
Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's
comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to
the adoption of Ordinance No. 6473-00, subject to the approval of the land use designation by the
Pine lias County Board of County Commissioners, and subject to a determination by the State of Florida, as
appropriate, of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9 163.3189. Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
A
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6474-00
, J ' " , " \ ,', : .. ' , . I l'. tl " . ,f , '. . " '''., I..: <' '; , '
ORDINANCE NO. 6475-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN RE.~L PROPERTY LOCATED APPROXIMATELY 340
FEET EAST OF BAYVIEW ROAD AND 700 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF THE WEST 106
FEET OF Tl-fE EAST 306 FEET OF THE SOUTH 90 FEET OF
THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SECTION 16 TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 13
SOUTH MEADOW LARK LANE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
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 CITY COMMISSION OF THE CITY 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:
Propeqy
the west 106 feet of the east 306 feet of
the south 90 feet of the south one-half of
the southwest one-quarter of the northwest
one-quarter of the northwest one-quarter of
section 16 township 29 south, range 16 east,
less and except existing road right of way.
(ANX 99-1 0-19)
Zoning District
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.6473-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si '
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6475-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
TAYLOR G. BINGHAM III
13 S. MEADOW LARK LANE
CLEARWA TER, FL..
LAND USE PLAl!.
RESIDENllAL URBAN
RESIDENllAL URBAN
ANI: 99-10-19
PROPERTY DESCRIPTION:
M & B 22/04 in SECTION 16-29S-16E
ZONING
R-3
LMDR
8.21
PIOPllTY SIZI. ACIES:
Ih,U-tf-"21: N / A
SEC: 16 TWP: 29 S
AC:RES: N / A
IANGE: 16E
COMMUNITY DEVELOPMENT BOAID: NOOvt:MS(R 16. 1999 CITY COMMISSION: c{~8ER 9. 1999
File No. A99-19
Preoared by, Eft. - Public Wor1<s Administration
Ordinance No. 6475-00
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Clearwater City
Commission
Agenda Cover
MemoranduOl
Worksession Item #:
Final Agenda Item #
J~
Meeting Date:
Dec. 9, 1999
SU BJ ECT IRECOMM ENDA TION:
. Rezoning and Land Use Plan for property at 950 Old Coachman Road; Owner: Pinellas County
Board of County Commissioners; Representative: Brian K. Smith.
MOTION: Approve a Zoning Atlas Amendment from Industrial, Research and Technology (IRT) to
Preservation (P) and a Land Use Plan Amendment from Industrial Limited to Preservation for M&8
42/01 in Section 7-29S-16E, and adopt Ordinances No. 6404-99 & 6405-99 on second reading.
(299-01 & LUP99-01)
and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City Commission approved transmittal of this land use plan amendment to the Florida Department
of Community Affairs at the May 20th, 1999 meeting
a The Florida Department of Community Affairs has reviewed this plan amendment and allowed the City
to adopt.
o The applicant (Pinellas County) is requesting a zoning change from Industrial, Research and
Technology (IRT) to Preservation (P), and a Land Use Plan amendment from Industrial Limited to
Preservation for its property which is located at 950 Old Coachman Road. The rezoning and plan
amendment are requested to recognize the actual current and planned use of the property.
. The proposed plan amendment and rezoning are consistent with both the City and Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the provision
public services, have a positive impact on the natural environment and are consistent with the
development regulations of the City.
Reviewed by:
Legal ~ Info Svc N/A
Budget
N/A Public N/A
Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
Originating Dept: /Ij~
PLANNING AND l tf.:-/
DEVELOPMENT SERVICES
User Dept.
Co.~s
Total
Funding Source:
Cu rrent FY
CI
OP
Other
Attachments
AERIAL PHOTOGRAPH
OF SITE & VICINITY
ZONING MAP
ORDINANCE NO. 6404-99
& 6405-99
SUbmitted by:
City Manager
Printed on recyded paper
o None
Rev. 2/98
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EXISTING ZONING AND LAND USE PLAN CLASSIFICA TION
-
OWNER: PINELLA5 COUNTY / BRIAN SMITH
ADDRESS: 950 OLD COACHMAN ROAD
z: 99-01 LUP: 99-01
PROPERTY DESCRIPTION:
M & B 42/01
LAND USE PLAN
INDU5TRAIL LIMITED
ZONING.
IRT
PROPERTY SIZE ACRES: 12.27 acres
Rlaht-of-w.)': ACRES:
SEC: 7 TWP: 295 RANGE: 16E
ATLAS PAGE: 2818
COMMUNITY DEVELOPMENT BOAID APRIL 20. 1999 CITY COMMISSION:
MAY 20. 1999
Prepared by: EA- Public Works Administration
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: PINELLAS COUNTY / 9RIAN SMITH
ADDRESS: 950 OLD COACHMAN ROAD
Z: 99- 01
LUP: 99-.01
PROPERTY DESCRIPTION:
M & B 42/01
FROM:
TO:
LAND USE PLAN
INDUSTRAll LIMITED
PRESERVA TION
ZONING
IRT
P
PROPERTY SIZE ACRES: 12.27 acres
ATLAS PAGE: 2818
COMMUNITY DEVELOPMENT BOAID APRIL 20. 1999
Rllht-of-way:
SEC: 7
ACRES:
TWP: 29S RANGE: 16E
CITY COMMISSION:
MAY 20. 1999
Prepared by: EA- Public Works Administration
ORDINANC~O. 64..04-9~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CI1Y, TO CHANGE THE.
LAND USE DESIGNATION FOR CERTAIN REAL PROPERlY
LOCATED ON THE WEST SIDE OF OLD COACHMAN ROAD,
CONSISTING OF APPROXIMATELY 530 FEET SOUTH OF
SEABOARD. COASTLINE RAILROAD CORRIDOR. \NHOSE
POST OFFICE ADDRESS IS 950 OLD COACHMAN ROAD,
FROM INDUSTRIAL LIGHT TO PRESERVATION; PROVIDING
AN EFFECTIVE DATE.
Ordinance No. 6404-99
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:
~ection 1 ~ The Mure 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 as follows:
ProoeJ'ti
land Use Category
From: Industrial light
To: PreselVation
South ~ of 7..29-16-00000-420-0100
(LUP 99-01)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of comptfance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act. pursuant to 9 163.3189, Florida Statutes. The Administrator of
Planning and Development SeNices is authorized to transmit to the Plnellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Nay 20, 1999
Brian J. Aungst
Mayor-Commlssioner
Attest:
Leslie Dougall-Si es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
~DINANCE NO. 6405-91
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE ZONING ATlAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE 'NEST SIDE OF OLD
COACHMAN ROAD, CONSISTING OF APPROXIMATELY 530
FEET SOUTH OF SEABOARD COASTliNE RAILROAD
CORRIDOR, 'NHOSE POST OFFICE ADDRESS IS 950 OLD
COACHMAN ROAD, FROM INDUSTRIAL, RESEARCH &
TECHNOLOGY (IRT) TO PRESERVATION (P); PROVIDING AN
EFFECTIVE DATE.
Ordlnance No. 6405-99
\\'HEREAS, the amendment to the zoning atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
South % of 7-2g..16-00000-420-0100
(Z99-01 )
Zonina District
From: Industrial, Research & Technology (IRl1
To: Preservation (P)
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, subject to the
approval of the land use designation set forth in Ordinance 6404-99 by the Pine lias County Board
of County Commissioners, and subject to a detennination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189. Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
llay 20, 1999
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K Dougall-Siaes
Assistant City Attorney
" ",.;.
r q, I'" . ~ , 41. , ".': ' .
.. Item #13
/5/0
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e1W> 'Y
Clearwater City Commission
Agenda Cover Memorandum
R nal Agenda Item #
M eetl n9 Date:
\~
\--./
~9
SUBJ ECT/RECOMM ENDA TION:
Rezoning and land Use Plan amendment for property at 809 Druid Road; Owner: Stephen Watts.
MOTION: APPROVE a Zoning Atlas Amendment from Low Medium Density Residential (LMDR) to
Office (0) for 809 Druid Road and APPROVE a Land Use Plan Amendment from Residential Urban
(RU) to Residential/Office limited (RlOL) for 809 Druid Road and pass ordinances ff6483-00 &
lf6484-00 on first reading
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is requesting a Land Use Plan Amendment from Residential Urban (RU) to
Residential/Office Lilnited (RlOl) and a zoning change from Low ~Jledium Density
Residential(LMDR) to Office(O) on approximately a .34 acre site located at 809 Druid Road(Lots
4 and 5, Block 40, Magnolia Park Subdivision).
. The site currently is developed with a single-family house.
e The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future Land Use Objective 2.5 which states that compact urban
development within the urban service area shall be promoted throLlgh application of the
Clearwater Land Development Code; and policy 2.5.1 which states the development or
redevelopment of small parcels [less than (1) acre] which are currently receiving an adequate
Level-of-Service shall be specifically encouraged by administration of land development and
concurrency management regulatory systems as a method of promoting urban intill.
. Based on analysis of compatibility, the proposed land use amendment and rezoning is compatible
with the immediate surrounding existing office, institutional(church} and residential uses.
G The proposed amendment is consistent with the Countywide Plan and the purpose and I'ocational
characteristics of the Residential/Office Limited category which identifies this use as depicting
those areas of the County that are now developed, or appropriate to be developed, in a office
and/or low density residential use; and to recognize such areas as well-suited for such limited
mixed use consistent with the surrounding uses, transportation facilities and natural resource
characteristics of sllch areas.
N/A
N/A
~
Originating Dept.:
Planning and 0
User Dept.: rJ~
Planning 1'-""'"
.Attachments:
Costs
Reviewed ~ ):=-A
Legal ~
Budget N/A
Purchasi ng N/A
Risk Mgmt N/A
Info 9'vc
Public Works
DCM/ACM
Other
Total
Funding Source:
CI
op
Othe
r
Current FY
o rdi nances
SJbmJtted by: 'D ! a a l J
CityManager ~ "~-.-
o None
Pri nf..n nn r..,...N~ ""''''''''
',' :" ..." '!.' ...,..'~ i'f,.\',;;;:,~,~.;::;,,_ ....
.' , ':1;!~~t...',,:,~~.. ~ '
Agenda Cover Memorandum
Summary Sheet
LUZ99-07 -03
Page 2
. There are sufficient public facilities to accommodate the proposed use which will not be
degraded.
. The proposed land use amendment and rezoning will not impact the natural environment.
. The proposed land use amendment and rezoning is consistent with the Community Development
Code and City Regulation requirements.
. The Community Development Board met at their scheduled public hearing meeting on October
.19, 1999 after which they unanimously recommended APPROVAL of the plan amendment and
rezoning to the City Commission.
, ' .', '" -:',.. '," , ) ~, " '.' .; I \ I ,,' ..,', , , I" '. ~ " I I' ..... ' . .. "'. . . . ':,. ..",. '.
ORDINANCE NO. 6483-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHSIDE OF DRUID ROAD BE1WEEN
SOUTH MYRTLE AVENUE AND PROSPECT AVENUE,
CONSISTING OF LOTS 4 AND 5, BLOCK 40, MAGNOLIA PARK
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 809
DRUID ROAD, FROM RESIDENTIAL URBAN TO
RESIDENTIAUOFFICE LIMITED; PROVIDING AN EFFECTIVE
DATE.
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 as follows:
Propertv
Land Use Cateqory
Lots 4 and 5, Block 40, Magnolia
Park Subdivision, according to the Plat thereof
as recorded in Plat Book 3, Page 43, Public
Records of Pinellas County, Florida.
From: Residential Urban
To: Residential/Office Limited
(LUZ 99-08-03)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Administrator of
Planning and Development Services is authorized to transmit to the Pine lias County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
Ordinance No. 6483-00
..'
r:;
~:' '\ ~ , ,.' I I ~ ..' ~,..,.~.,' It' ,'" ~.: .,"
....-, , -/'
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst ,Mayor-Commissioner
Attest:
Leslie Dougall- i s
Assistant City A orney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6483-00
:~
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COUNTYWIDE FUTURE LAND USE PLAN MAP
OWNER:
STEPHEN WA TTS.
611 DRUID ROAD
CLEARWA TER, FL.
LAND USE PLA N
RU
RIOL
296A
P.A.
FROM:
TO:
ZONING
LMDR
OFFICE
L U Z: 99-08- 03
PROPERTY DESCRIPTION:
809 DRUID ROAD, LOTS 4 & 5,
BLOCK 40, MAGNOLIA PARK SUBDIVISION
PROPERTY SIZE ACRES: ..34
Riehl-or-way:
SEC: 15 TWP: 29S
ACRES:
RANGE: 15E
.33756
ATLAS PAGE:
COMMUNITY DEVELOPMENT BOARD OCTOBER 19, 1999
CITY COMMISSION:
NOVEMBER 18,1999
FILE Lu 99-03
Prepared by: EA- Public Works Adminislrolio'1
Orcl i.nance No _6483-00
. .
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ORDINANCE NO. 6484-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTHS IDE OF
DRUID ROAD, BETWEEN, SOUTH MYRTLE AVENUE A D
PROSPECT AVENUE, CONSISTING OF LOTS 4 AND 5,
MAGNOLIA PARK SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 809 DRUID ROAD, FROM SINGLE-FAMILY
RESIDENTIAL TO OFFICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zonina District
Lots 4 and 5, Magnolia Park Subdivision, according
to the Plat thereof as recorded in Plat Book 3,
Page 43, Public Records of Pinellas County, Florida
From: Low Medium Density
Residential (LMDR)
To: Office
(LUZ 99-08-03 )
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, subject to the
approval of the land use designation set forth in Ordinance 6483-00 by the Pine lias County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuantto 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K; Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6484-00
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
l LUZ:
I PROPERTY DESCRIPTION:
809 DRUID ReAD, LOTS 4 & 5,
I BLOCK 40, MAGNOLIA PARK SUBDIVISION
PROPERTY SIZE ACRES: .34
OWNER:
FROM:
TO:
STEPHEN WA :TS. P.A.
611 DRUID RQA:)
CLEARWATER. ::-:.... 33756
99 - 08- 03
LAND USE PLAN
RU
R/OL
ZQNING
LMDR
OFFICE
Rllht-of-way:
SEC: 15 TWP: 29S
ACRES:
RANGE: '15E
A TLAS PAGE:
296A
COMMUNITY DEVELOPMENT BOAID OCTOBER 19. 1999 CITY COMMISSION:
NOVEMBER 18,1999
Ordinance No. 6484-00
FILE Lu 99 - 03
. " ;. ,~. I .' _ I ,~\ : ", I . . ;. > '. 'Ii' ~, .' . ~ . " ." f.., I " ," .
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ORDINAf'!CE NO. 6422-99
Ii
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASING; AMENDING
SECTIONS 2.541, 2.542, 2.544 THROUGH 2.547, 2.561
THROUGH 2.564, 2.622 THROUGH 2.624, AND DELETING
SECTION 2.565, SUBDIVISION IV AND 2.601; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has agreed to amend and delete certain
sections of the Code of Ordinances relating to purchasing, as set forth in this Ordinance;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Section 2.541 of the Code of Ordinances is hereby amended to read as
follows:
Sec. 2.541. Definitions.
Commodity means any of the various supplies materials, goods, merchandise,
equipment, and other personal property purchased, leased or otherwise contracted for
by the city, unless coming within the definition of Public works contracts. However,
commodities purchased for resale are excluded from the bidding provisions of this
division. Award of contract for resale commodities shall be made by the
responsible department director.
Electronic coordination signature means, with respect to the processing of a
purchase requisition, the approval of the requisition by means of a password-protected
and coded authorization transmitted by computer.
Public works contracts means all contracts involving construction for the city.
Purchase includes a purchase or a lease of more than one year.
Standardization means criteria utilized to SUDport the purchase of specified
product~ or product lines: to include training. service support. repair parts
availability and cost. and relationship to current inventory.
Vendor means a prospective vendor who submits a bid, a proposal, or a
quotation for the sale of a commodity or service to the city in response to an invitation
to bid/quote, or who is included on the '/endors list m3int:lined by tho purch3sing ogent
aG provided herein
Section 2.542 of the Code of Ordinances is hereby amended to read as follows:
Ordinance No. 6422-99
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System adopted.
In order to establish efficient procedures for the acquisition or use of
commodities, services, and public works projects; [ to E8cure commoditioE. sorvicoE,
and publio works projects] at the lowest possible cost commensurate with quality
needed; to exercise positive financial control over purchases; to clearly define and
implement the purchasing function and to assure the quality of purchases, a purchasing
system is hereby adopted as provided in this division.
Section 2.544 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.544. Purchasing agent
(10) [Recommend tho] Transfer [ef] surplus [3nd unused] commodities
between departments as needed;
(13) Donate or dispose surplus property with a current market value of
less than the fixed asset control level.
Section 2.545 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.545. Submittal of requests to purchase commodities or service.
Departments shall electronically submit requests to purchase commodities or
services to the purchasing agent on purchase requisition forms or by other means as
may be prescribed by the purchasing office.
Section 2.546 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.546. Purchase orders or contracts to be used.
Purchases of commodities and services shall be made only by purchase orders
and/or other written contract executed by the purchasing agent. Except as otherwise
provided in this division, no purchase order shall be issued unless the prior approval of
the city manager has been obtained. The purchase order authorizing the expenditure
of funds shall be signed by the purchasing agent. Construction contracts exceeding
$25.000 shall be made b'l both purchase order and written contract.
Sec. 2.547. Vendors list.
The purchasing agent is authorized to maintain a list of vendors for the purpose
of mailing notices inviting bids or requests for proposals or soliciting quotations from
time to time. A vendor who desires to be included on the vendor's mailing list shall
complete and submit a vendor's application. The Public Works Administration
proiect "Pre-qualified Contractor's List" will be maintained by Public works.
Contractors who desire to be included in the public works project bidding
2
Ordinance No. 6422-99
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process shall complete and submit the pre-Qualification requirements to Public
works.
Subdivision II. Purchase of Commodities, Services, and public works contracts*
Section 2.561 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.561. Purchases over $10,000.00 $25,000.
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value more than [$10,000.00] $25,000 [or mora], shall be by
purchase order and/or other written contract with the vendor submitting the lowest
responsible bid whose bid has been solicited, received and approved, pursuant to the
following procedures:
(1) Notice inviting bids. Notices inviting bids shall be published at least [ t\\fico ] one
time in a newspaper of general circulation within the city and shall include a
general description of the commodities or services to be purchased, a statement
of where bid documents may be obtained, and the date, time, and place of the
public opening of bids. The [fif6ij publication shall be not less than .:t-'J 10
calendar days before the opening date. [ The second publication ~h311 be not
lacs th3n fwe calend3r d3Y~ prior to tho opening date 3nd not les~ th:m seven
~Iendar d3YC 3fter the first publisation.] Sealed bids shall also be solicited from
responsible prospective vendors including those [whoso names :ire} on the
registered vendor's list.
m Security (bid bonds). When the estimated cost of a public work~ contract is
$100,000.00 or more, or when otherwise deemed necessary by the city
manager, security in the form of a bid bond issued by a surety company licensed
to do business in Florida or a cash bond in an amount equal to ten percent of the
bid shall be prescribed in the public notices inviting bids.
(5) Award of contracts. [Except 3€ othervJise pro~ded in thic divicion,] Contracts
exceeding $25,000 shall be awarded by the city commission to the lowest
responsible vendor.
(7) Change orders.
(a) Contract price increases shall not exceed $25,OOO[~] over the most recent
commission-approved contract price, in anyone change or cumulatively for
the same contract.
(e) City manager approved contracts may not exceed $25,000[~].
Section 2.562 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.562. Purchases for [less th:m $10,000.00] $25,000 or less.
3
Ordinance No. 6422-99
ir\''':
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Except as otherwise provided by this division, purchases of commodities or services
of a value of [$10,000.00] $25,000 or less, may be made in the open market, pursuant
to the following procedure and without observing the procedure prescribed in section
2.561:
(1) Minimum number of quotations. Open market purchases shall [, whenever
poc€iblo,] be based on at least three quotations and shall be awarded to the
vendor making the lowest responsible [tHEij quote.
(2) Quotations shall be solicited by either written request, which may include
facsimile transmission, electronic mail or by telephone.
Ql.Sealed written quotations bids. Sealed written quotations received in response to
written solicitations for quotations shall be submitted to the purchasing agent
who shall keep a record of all open market orders and [ak:I&} quotes.
(4) Rejection of quotations. The city manager as purchasing agent may:
(a) Reject all [GiG&] QY..otations; or
(b) Reject all [GiGs] quotations and [reobtaifl] re-obtain [~] quotations
pursuant to the procedures prescribed in this subdivision.
Section 2.563 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.563. Disqualification of apparently lowest responsible bid or quotation.
(4) A vendor's product that is different from the City's standard.
Vendors who submitted a bid or quotation and were not selected may appeal the
decision of the purchasing manager through use of the bid protest procedures, a copy
of which shall be available in the purchasing office. Protesting vendor must include a
fee of 50/0 of the selected vendors total bid to offset the City's additional expenses
related to the protest. This fee shall not exceed $2,500 nor be less than $50. Full
refund will be provided should the protest be upheld. No partial refunds will be
made.
Section 2.564 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.564. Exceptions to bid procedures.
(1) The bidding requirements set forth in this subdivision may be waived when
one of the following conditions exists:
(a) A department director or designee certifies [in wrlting] via electronic
coordination of the purchase requisition describing to the
purchasing agent that an emergency exists in regard to the purchase
of any commodity or service and that the delay incident to giving
opportunity for competitive bidding would be detrimental to the interest
of the city. The responsible department director or designee shall
4
Ordinance No. 6422-99
provide a detailed summary outlining the facts demonstrating the
existence of an emergency. Upon determining that an emergency
exists the purchasing agent may authorize the purchase [subject to
3pprov:1I by the city commission at the e::1rliest regul3r or speci::11 public
meoting thorcafteF]. Emergency purchases that exceed the
purchasing agent's authority must be approved bv the city
commission at the earliest regular or special public meeting
thereafter.
(b) Commodities or services are available from a sole source, after
determination by the purchasing agent upon review of written
summary of facts from the department director or designee requesting
the purchase.
(c) The amount of purchase is [less than} $1,000 or less.
(d) It is to the advantage of the city to purchase commodities or services
in cooperation with another governmental entity in Florida or to
purchase commodities or services from contracts previously awarded
by other governmental entities.
(g) Services rendered by [physicbns, 3ttorneys] health services
including mental health. legal services including paralegal. expert
witness. appraisal or mediator services; auditors; academic and
lecturers; or services provided by persons with mental or
phvsical disabilities under not-for-profit corporations.
(i) Commodities that are purchased by the City for resale.
(2) Purchases [in excess of] over $25,000 made pursuant to this section
shall be submitted to the city commission for approval.
Section 2.601 of the Code of Ordinances is hereby deleted.
Section III. Reserved*.
Subdivision IV. Rocycled :And Recyclable Products
[Soc. 2.601. Definitions.
The following words, terms ::md phraces, v.'hen used in this subdivision, sh3ij
Rave tho me3nings ascribod to them in this section, 8)(Cept where the context clo::uly
indic::1tos a differont meaning:
Contractor means any person, n::1tur::11 or ::1rtifici3I, h::1ving a contr::1ct to provide
servicss, I3bor or materials to tho oity, or who is ::1 subcontractor under ::1 contr::1ct to
provide services, labor or m::1tori::1ls to the city. The term includcG but is not limited to
consult:mts and suppliers.
5
Ordinance No. 6422-99
, ' , '. . , , . \ l . . <" ..' .. \ .
Dep3rtment refers to :my dep:lrtment under tho direction of the oity man::lger of
tho city.
End use me:ln& ::In intended fin::ll usa ef J product by ::1 consumer which will not
result in ::lddition31 valuo being added to the product.
Minimum content stJnd:lrds meJns st:lnd3rdc set by the city specifying the
minimum levels of rocovered m:lteri31 :lnd post consumer materi:lI neCeSC3rj for
design3tod product& to qU3lify :IS recycled products.
P3per Jnd p:lper products me3ns ::lll items m3nuf::lctured from p::lper or
paperbo3rd.
Post consumer m3teri31 me3ns only those products gener3ted by :1 busines& or
const::JrTler'l,hich h3ve served their intended end uses Jnd which h:lve been genorJted
or divertod from the solid w3ete strO::lm for the purposes of collection, recyoling :lnd
disposition.
Post consumer papor rTlJtorial means:
(1) PJper, paporbo~lrd ::lnd fibrous '1.'3stes including corrug:lted boxes,
R&WSp3pers, m3g:lzines, mixed 'N:lstop3per, t3bu13ting c3rds ::lnd used
cord:.lge-aftor tho point :lt \\'hich they h:1ve pJssod through their end use 3S
consumer itemc; and
(2) ^II p3por, paperboord :lnd fibrous wa&tes that enter and ::lro collected 3&
mixod mURicipJI &olid w3ste.
Recovored p3per mJtori31 mS3nc paper w3ste gener3ted :1fter tho complotion of
:1 p::lpor making process, such as post oonsumer motorial, envelope cuttings, bindory
trimming&, printing VlJste, cutting ::lnd other converting W3stc, butt roll&.and mill
wr::lppem, obsolete in'/ontorios, :1nd rejected, unuced etock. The term shall not include
fibrous waste goner3ted during the manuf3cturing process including but net-.limited to
fibors recovered frem w3ctew3ter or trimmings of pnper m3chine rolls (mil! broke);
fibrous byproductc of h3rvosting, oxtr::lctivo or woodcutting processes; or f{)rest resfeHle
6YCh 3& bark.
Recycbble produot me3nE ::1 product which, :lfter it& intended end uco, C3n
demonstr::1bly 3nd economic:llly bo di'Iorted from tho city's Golid W:1~to ctre:1m for uso
::l~ 3 r:J'JI mJterial in the m:lnufacture of :lnother product.
Section 2.622 through 2.624 of the Code of Ordinances are hereby amended to read as
follows:
Sec. 2.622. Surplus sales over $5,000[00].
Except as otherwise provided in this division, following authorization by the city
commission~ the sale of an item or of common bulk items of an estimated value greater
than $5,000.00 shall be through public auction or open market [by written contr::lct
6
Ordinance No. 6422-99
. '\ .,. .' . ~ . . "", . . "
with the highs&t rOE:pon&iblo bidder whoso bid h3E: boen &olicitod, recoi'/cd :md
:lppro\(sd] pursuant to the following procedure:
ill Notice inviting bids {open market onlyl:,
ill Bid opening procedures {open market onlYh
m Rejection of bids .(open market onlYh
Sec. 2.623. Surplus sales under $5.000.[00.]
Except as otherwise provided in this division, following authorization by the city
[commiE:E:ion] manager, the sale of an item or of common bulk items of an estimated
value of $5,000[00] or less may be made [in the] through public auction or open
market, pursuant to the following procedure and without observing the procedure
prescribed in section 2.622:
Sec. 2.624. Exceptions to [tRe] auction sale bidding procedures.
(1) The market value of items to be disposed of is not estimated to exceed
f$500.00] the current fixed asset control level, and may be disposed of
as the City Manager deems necessary.
@ The [&urplu& -G31eG officer] city manaaer determines that [the n:lture of the
items is such that disposition under bidding proceduree is impr3ctic~I,
irnpoEE:ible or othor\viso not in the best interest of tho city}-a: donation to
charitable/not-for-protit organizations is in the best interest of the city.
(6) The department director or designee may recommend trade-in as being
in the best interest of the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 18, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
John Carassas, Asst. City Attorney Cynthia E. Goudeau, City Clerk
7 Ordinance No. 6422-99
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15
CITY OF CLEARWATER
INTEROFFICE MEMO
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 December 9, 1999 City Commission Meeting
Date: November 17, 1999
All items recommended for purchase and delivery during the 1999/2000 fiscal year are included in the
approved 1999/2000 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budgets. All recommended vendors arc the lowest most responsive
bidders in accordance with the specifications unless a specific exception is noted.
1. Award a contract to Scott Smith's Harley Davidson, Fen1 Park, Florida, at a zero net cost, for the
purchase of five (5) 2000 Harley Davidson Road King police motorcycles, to be utilized throughout the
city by the Police Department. Declare surplus to the needs of the city, five (5) 1999 Harley Davidson
Road King police motorcycles and authorize trade-in to the selling dealer. Exception to bid under
Section 2.564 (1 )(e), Code of Ordinances - Impractical to bid. (Police Department)
2. Award a contract to Bulk Express, Tampa, Florida, at an estimated cost of $38,350, for
transportation and disposal of land clearing debris collected throughout the city by Public Service during
the contract period December 15, 1999 through December 31,2000. City of Clearwater Bid 01-00.
Appropriation code: 419-02090-543500-539-000. (Public Works I Public Service I Road & Drainage)
3. Extend the contract with Industrial Refuse Sales, Lakeiand, Florida, in the estimated amount of
$150,000, for the purchase of compactor and roll-off containers to be utilized throughout the city by
Solid Waste during the contract period December 10, 1999 through Decenlber 31, 2000. This is the
second and final extension authorized under the ten11S of City of Clearwater Bid 72-97. Appropriation
code: 315-96429-564000-534-000. (Solid Waste)
4. Award a contract to Don Reid Ford, Maitland, Florida, in the amount of $268,655, for the purchase of
eleven (11) 2000 Ford Crown Victoria police pursuit vehicles (replacement) for utilization throughout
the city by the Police Department. Exception to bid under Section 2.564 (1)( d), Code of Ordinances -
Florida Sheriffs' Association Contract 99-07-0913. Funding to be provided under the City's Master
Lease Purchase Finance Agreement. Appropriation code: 315-94227-564100-519-000. Debt service
codes: 566-06612-571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General
Services Support Administration)
5. Extend the contract with Tree-Line Sales and Service, Tampa, Florida, in the estimated amount of
$40,000, for inspection, certification and necessary repairs to crane trucks, bucket trucks and related
equipment utilized by various departments during the contract period January 1, 2000 through December
31, 2000. This is the second and final extension authorized under the terms of City of Clearwater Bid
38-98. Appropriation code: 566-06611-546500-519-000. (General Services Support Administration)
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6. Award a contract to The Broyhill Manufacturing Company, Dakota City, Nebraska, in the amount of
$81,142.60, for the purchase of one (1) 2000 Broyhill Load-N-Pack model 80-HD refuse collection
system (replacement) for utilization on Clearwater Beach by Solid Waste. Funding to be provided under
the City's Master Lease Purchase Finance Agreement. Exception to bid under Section 2.564 (l)(b),
Code of Ordinances - Sole source. Appropriation code: 315-94227-564100-519-000. Debt service
codes: 566-06612-571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General
Services Support Administration)
7. Increase the contract with Golden Triangle Portable Toilet Company, Inc., Clearwater, Florida from
$24,500 to a new estimated amount of $30,000, for portable toilet rental and service during the
remaining portion of the contract ending December 31, 1999. City of Clearwater Bid 07-98.
Appropriation code: 010-01619-544100-574-000. (Parks and Recreation)
8. Extend the contract. with Golden Triangle Portable Toilet Company, Inc., Clearwater, Florida at an
estimated amount of $30,000, for portable toilet rental and service during the contract January 1, 2000
through December 31, 2000. This is the first extension of two authorized under the terms of City of
Clearwater Bid 07-98. Appropriation code: 010-01619-544100-574-000. (Parks and Recreation)
9. Extend the contract with Lakeside Occupational Medical Centers, P.A., Largo, Florida, in the
estimated amount of $56,000, for pre-employment and annual physical examinations and random drug
testing for all personnel except those in the Fire department, during the contract period January 1, 2000
through December 31, 2000. This is the first of two extensions authorized under the terms of City of
Clearwater Bid 110-98. Appropriation code: 590-09831-521500-519-000 ($45,000). (Human
Resources Administration)
10. Extend the contract with Standard Insurance Company, Portland, Oregon, in the estimated amount
of $30,000, long term disability insurance for employees not eligible for pension plan coverage during
the contract period January I, 2000 through December 31, 2000. This is the first extension of the
contract authorized under the temlS of City of Clearwater Bid 140-98. Appropriation code: 590-07000~
545700-519-000. (Human Resources Administration)
11. Extend the contract with Reliastar Life Insurance, Minneapolis, Minnesota, in the estimated amount
of $50,000, for the purchase of SAMP (Supervisory, Administrative, Managerial and Professional)
group tenn life insurance during the contract period January 1, 2000 through December 31, 2000. This
is the first of two authorized extensions authorized under the temlS of City of Clearwater RFP 121-97.
Appropriation code: 590-07000-545500-519-000. (Human Resources Administration)
12. Award a contract to SFG Technologies Inc., Burnaby, British Columbia, Canada, in the estimated
aInount of$45,000, for maintenance and support of SFG and licensed third party programs to be
supplied by SFG for the SFG Utility Management System utilized by Clearwater Customer Service
during the contract period October 1, 1999 through September 30,2000. Exception to bid under Section
2.564 (l)(d), Code of Ordinances - Sole source. Appropriation code: 555-09884-564200-519-000.
(Clearwater Customer Service)
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13. Award a contract to Tampa Mack Sales, Tampa, Florida, in the amount of$94,650, for the purchase
of one (1) 2000 Mack roll~offtruck (previously approved addition) for utilization throughout the city by
Solid Waste. Tampa Mack Sales has agreed to extend the price of the City of Clearwater Bid 05-99 for
this purchase. Funding to be provided under the City's Master Lease Purchase Finance Agreement.
Appropriation code: 315-96438-564100-582-000. Debt service codes: 424-02083-571300-534-000
(principal) and 424-02083-572300-534-000 (interest). (Solid Waste)
14. Extend the contract with Kelly Temporary Services, Clearwater, Florida, in the estimated amount of
$45,000, for temporary employment services utilized by all departments during the contract period
December 10, 1999 through December 31, 2000. This is the second and final extension authorized
under the tenus of City of Clearwater Bid 208-97. Appropriation code: XXX-XXXXX-530300~XXX-
000. (Human Resources)
15. Extend the contract with Pride of Florida, Raiford, Florida, in the estimated amount of$50,000, for
the purchase of recapped heavy duty truck tires to be utilized throughout the city by departments
operating heavy trucks during the contract period December 10, 1999 through December 31, 2000.
Exception to bid under Florida Statute, Chapter 287, Paragraph 287.042 (2)(a). Appropriation code:
566-06611-546500-519-000. (General Services Administration)
16. Extend the contract with Brad Ragan Inc., Clearwater, Florida, in the estimated aInount of$200,000,
for the purchase of tires utilized throughout the city by all departments operating Fleet maintained
vehicles during the contract period January 1, 2000 through December 31, 2000. This is the second and
final extension authorized under the terms of City of Clearwater Bid 08-98. Appropriation code: 566-
06611-550700-519-000. (General Services Administration)
17. Award a contract to Jeffry Knight Inc. dba Knight Enterprises, Clearwater, Florida, in the estimated
amount of $585,000, for installation of gas mains and service lines, and house piping installation
thn~ughout the gas system service area during the contract period January 1, 2000 through December 31,
2000. City of Clearwater Bid 03-00. Appropriation codes: 353-96310-563800-532-000 (PineIlas
County gas main and service line installation - $168,000); 353-96314-563800-532-000 (Pasco County
gas main and service line installation - $300,000); 423-02178-531100-532-000 (North PinclIas gas
installation - $50,000); and, 423-02174-531100-532-000 (Pasco gas installation - $67,000) (ClealWater
Gas System)
Funding for the above referenced purchases is included in the FY 1999/2000 Budget or will be included
in the City Manager's recommended. budgets for future fiscal years.
~~
'rm--a Wilson, Budget Director
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # ~
Meeting Date: J d . 9 .,1
SUBJ ECT IRECOMMEN DA liON:
Approve Brownfields Site Rehabilitation Agreement (BSRA) for the Property Located at 1108 N.
Greenwood Avenue with the Florida Department of Environmental Protection.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The subject property is to be developed as the Greenwood Community Health Resource Center. The City has
performed Phase I and II Environmental Assessments, Underground Storage Tank Removal, Source Removals and is
currently performing additional Site Assessment /Source Removal to remediate the site.
. The Brownfields Site Redevelopment Agreement calls for the City to complete site assessment and remediation of this
site. In exchange the Florida Department of Envi ronmental Protection relieves the City of further liability for
remediation ofthis property and streamlines the review of documents associated with this remediation.
. The Brownfjelds Technical Advisory Committee and Brownfields Advisory Board recommend approval of the BSRA.
. The assessment and remedicttion for this site is being funded through State Brownfields Appropriations Agreements
#SP 4999 & #SP 530 with the Florida Department of Environmental Protection.
Reviewed by:
legal tfi~
Budget NA
Purchasing NA
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
Other
NA
NA
Originating Dept: Costs
Economic Development Total NA
User Dept.
NA Current FY NA
Attachments
BSRA available for review in the
City Clerk's Department
Funding Source:
CI NA
OP NA
Other NA
NA
Submitted by:
City Manager !
Printed on recycled paper
o None
Appropriation Code: NA
Rev. 2/98
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Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item #:
Final Agenda Item # fl
Meeting Date: I ~ .,. i 1
SUBJECT IRECOMMENDA TION:
Approve Award of Contract of $64,157.50 to WRS Infrastructure and Environment, Incorporated (WRS)
for the Source Removal of contaminated soil at property located at 804-804.5 Pennsylvania Avenue
utilizing State Brownfields Appropriations,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City Commission approved Agreement #SP 499 with the Florida Department Of Environmental Protection in
October of 1998 to provide $22.5,000 of funding for the assessment and remediation of orphaned and abandoned
sites in the Clearwater Brownfields Area.
· Additionally, the City Commission approved Agreement #SP 530 on October 21,1999 with FDEP (or an additional
$300,000 of funding for t he remediation of orphaned and abandoned sites in the Clearwater Brownfields Area.
· 804-804.5 Pennsylvania Avenue was identified in both of these agreements as a former salvage yard requiring
assessment and remediation.
· WRS performed a Phase II Screening Environmental Assessment report and preliminary Source Removal for
this site in May of 1999. WRS also prepared and completed a Work Plan that was accepted by FDEP on 7/28/99.
· As a result of work plan activities at this site an estimated 900 tons of soil will require removal and replacement
with clean fill to prepare the site for development.
. It is considered impractical to bid this work as per section 2.564 (1) (e) Code of City Ordinances due to the
knowledge that WRS has gained on the site regarding the vertical and horizontal extent of contamination while
performing the Phase II Assessments and developing the Work Plan and preliminary source removal for this site.
Further. the failure to award this work prior to 12/31/99 will result in returning unused appropriations to the FDEP.
. The site will be developed by Clearwater Neighborhood Housing SeNices to provide low income housing for the
North Greenwood Community.
Reviewed by:
Legal ~ InfoSrvc
Budget "-;AJ Public Works
Purchasing ~ DCM/ACM
Risk Mgmt NA Other
NA
NA
Originating Dept: /} /
Economic Development ty-
User Dept.
Costs
Total 64,157.50
w..11i
NA
Current
FY
Funding Source:
CI
Attachments
o
P
Submitted by:
City Manager
Printed on recycled paper
(Scope of work available in
clerks office)
Other State
Brownfields
Approp.
o None
Appropriation Code: 181-99975
Rev. 2/98
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.
THIS AGREEMENT is made and entered into as of December 10, 1999 (the "Effective
Date"), by and between the City of Clearwater located at 110 S. Osceola Avenue, Clearwater,
Florida 33756 ("Client") and WRS Infrastructure and Environment located at 111 Kelsey Lane
Suite B, Tampa, Florida 33619 ("Consultant").
WHEREAS, Client desires to contract with qualified experts to conduct a "Source
Removal" of property, located at 804-804.5 Pennsylvania Ave., (the "Site"), sufficient to
remove impacted soils, backfill with clean soils and to provide confirmation and pre-burn
analytical testing . WHEREAS, Consultant represents that it possesses the knowledge, ability,
professional skills and qualifications to perform the services needed by Client and covenants to
carry out the terms of this Agreement in an expeditious, economical, and professional manner.
NOW, THEREFORE, Client and the Consultant agree as follows:
This Agreement shall remain in effect for one year from the date of this agreement.
This agreement may be extended for a period of time upon mutual agreement of the parties.
ARl'I~LE II - SCOfE OF WORK
Consultant shall perform the work plan as set forth in Consultant's letter dated October
25, 1999, which is attached hereto as Exhibit "A" and incorporated by reference, and which
shall specifically include the following tasks:
At the completion of the work plan outlined above (collectively, "Work"), Consultant
shall generate a summary report including site diagrams, boring logs, laboratory analytical
and investigatory results of such work, whether such results indicate levels which exceed State
OR174079;1
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of Florida Maximum Contaminant Levels ("MCLs"), and Consultant's conclusions and
recommendation(s). The final Source Removal Report shall be signed and sealed by a
professional engineer or professional geologist and shall be certified to Client.
Consultant is and shall perform this Agreement as an independent professional
contractor, and as such, shall have and maintain complete control over all of its employees,
agents, and operations. Neither Consultant nor anyone employed by it shall represent, act,
purport to act, or be deemed to be the agent, representative, employee or servant of Client.
ART
1. Fees payable to Consultant for the professional services performed during the
work described in Article n and Exhibit "A" shall be equal to the number of hours actually
expended directly on the project by individuals times the hourly rate for the individuals, plus
reimbursable expenses as defined in Article IV, Paragraph 2. Consultant's hourly rates, a
copy of which is included with Exhibit "A" herein, include all direct and indirect costs.
Indirect costs include such items as overhead, profit, and such statutory and customary fringe
benefits as social security contributions, sick leave, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, bonuses, annual leave, and holiday
pay.
2. Reimbursable expenses shall mean the actual expenses of Consultant in the
administration of this Agreement, including subsistence of principals and employees,
subcontractors' fees, toll telephone calls and telegrams, reproduction of reports and other
project-related materials, expendable supplies directly used on the project, computer charges,
equipment and laboratory use fees, and similar project-related items, plus an administrative
surcharge of five percent (5 %).
OR174079;1
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3. The maximum costs for fees and reimbursable expenses described in Article IV
for the work described in Article IT is SIXTY FOUR THOUSAND AND 50/100 Dollars
($64,157.50). Notice of any expected cost overruns in excess of the maximum cost stated
above or the maximum cost for each itemized project task as described in Exhibit "A," shall
be given to Client as soon as cost overruns are reasonably expected by Consultant to be
necessary to accomplish the services required by this Agreement. Any cost overruns shall also
be presented to Client in change order form with justification stated for the necessity of
exceeding said maximum costs. In no event sball such maximum costs be exceeded without
authorization from Client by written approval of the appropriate change order. Any fees
or reimbursable expenses Consultant incurs in excess of said maximum costs and without
approval of the appropriate change order by Client shall be entirely at Consultant's
obligation and expense and the Client shall not be liable for same.
4. Delays not caused by Consultant but which are the result of unforeseen
occurrences including but not limited to unfavorable weather conditions, strikes, floods, or
flIes which extend the effort required may constitute a Change-of-Scope. Additional effort
resulting from such delays will be billed in accordance with Article IV, upon prior notice to,
and written approval by Client, in accordance with the procedures and requirements of Article
IV, Paragraph 3.
5. Services performed at Client's request beyond those defined by Article II shall
constitute a Change-of-Scope, will be documented by a change order, and will be billed as
outlined above. Upon written approval of the change order, such additional work shall be
carried out in accordance with all of the tenns and conditions set forth in this Agreement.
OR174079;1
3
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Consultant shall invoice Client for all services rendered under this Agreement within
thirty (30) days from completion of the Work. The original invoice and one (1) copy, shall be
submitted to the Client, attention of Miles G. Ballogg .
Invoices shall be due and payable within thirty (30) calendar days after receipt. Client
shall notify Consultant in writing of any disputed amount within thirty (30) calendar days after
receipt of invoice; otherwise all invoice charges will be considered acceptable and correct.
Any unpaid balance for other than disputed charges will draw interest at the rate of one
percent (1 %) per month, commencing thirty (30) days after receipt of invoice.
Consultant's invoice shall provide the following information:
1. Description of services and expenses rendered in a format identifying specific
program tasks and expenses.
2. Total labor costs as defmed in Article IV.
3. Listing of other reimbursable expenses as defmed in Article IV, itemized by
type of charge.
4. A statement comparing the total fees and expenses billed up to and including the
date of the invoice to the maximum costs authorized by Article IV.
5. Copies of all subcontractor invoices and any other supporting documentation.
Client has the right, at its own expense, to audit Consultant's books and records
relating to this Agreement during the performance period and for one (1) year following
termination of the Agreement. Any such audits may be carried out at reasonable intervals and
shall be accomplished during normal business hours. Consultant shall not charge Client any
additional fee for providing Client with access to such records during said audit.
OR 174079: 1
4
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Consultant shall commence the Work outlined in Exhibit "A" on or before December
1 0, 1999. Consultant shall deliver its draft summary letter report on or before December 17,
1999, to Miles G. BalIogg. Three (3) signed and sealed originals of the summary letter report
shall be delivered to Client, care of Miles G. Ballogg at the above address, within three (3)
days from Consultant's receipt of Client's comments to the draft summary letter report. Any
change-of-scope as defined in Article IV may extend the time for completion as may be agreed
to by Client and Consultant in the change order. Consultant further acknowledges that time is
of the essence in the performance of this work. Because time is of the essence, except for
delays resulting from unforeseen circumstances beyond the control of Consultant, for each day
that Consultant exceeds the deadlines set forth herein, the total project cost for this work shall
be reduced by the sum of $200.00.
Consultant shall prOlnptly discharge its obligation to its laborers, materialmen,
subcontractors and creditors and shall insure that its subcontractors do likewise. In the event
that any subcontractor, materialman, or creditor of the contractor shall file a lien for payment
of services or material related to this Agreement, the Client shall notify Consultant and
Consultant shall indemnify Client from and against any liability, claim, demand, damage, cost,
and expense, including attorneys' fees and litigation costs, provided the lien arises from
services or materials supplied pursuant to contractor's performance of the Work herein. The
provisions of this Article shall survive any termination or expiration of this Agreement,
notwithstanding payment or settlement between parties unless any such settlement is in writing
and such writing explicitly refers to this Article. Consultant shall certify payment of all
subcontractors by execution of the Final Affidavit attached as Exhibit liB" .
In the event that Consultant or a subcontractor .of Consultant fails to discharge an
obligation to its laborers, materialmen, subcontractors, and creditors as required by thiCi
ARTICLE within sixty (60) days of a written request by Client, Client may obtain a bond
from a bonding company authorized to do business in Florida bonding such lien(s) and
charge the bond premium against the unpaid contract price. If the contract price has
been paid to the Consultant, Client may charge the cost of the bond premium back to the
Consultant who shall pay the same within thirty (30) days.
At the completion of the Work, Consultant shall clear the Site and surrounding
premises of debris, rubbish and any wastes associated with the Work caused by Consultant's
ORI74079;1
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operations hereunder, including without limitation, any solid or liquid wastes that are
generated or otherwise associated with the installation of any wells or soil borings required
under this Agreement. Consultant shall be responsible for the proper treatment storage and
disposal of such debris, rubbish or wastes.
Client reserves the right to terminate this Agreement at any time, for any reason, upon
ten (10) days written notice to Consultant. In the event Client shall fail to make timely
payment of any sum owing and due Consultant, Consultant shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement upon
thirty (30) days written notice to Client. In either event, payment shall be due to Consultant
only for those services performed by Consultant up to the date of receipt of written notice of
termination. Upon termination, Consultant shall, upon payment by the Client of any sum
owing and due, provide and turn over to Client all environmental data, analyses, drawings and
reports prepared up to and including the date of such termination.
Consultant shall provide insurance and comply with all requirenlents in Exhibit "e"
attached hereto and made a part hereof.
1. Consultant warrants that its services under this Agreement shall be performed in
a thorough, efficient, and workmanlike manner, promptly and with due diligence and care, and
OR 1 74079; 1
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in accordance with that standard of care and skill ordinarily exercised by members of the
profession doing similar work.
2. Consultant represents and warrants that all services performed under this
Agreement shall be in strict accordance with all applicable federal, state and local statutes,
laws, rules, regulations, codes, orders, plans, permits, licenses, injunctions, decrees, lawful
rulings or ordinances, or judicial or administrative interpretations thereof, whether currently in
existence or hereafter amended, enacted or promulgated, (collectively, the "~
LID! ").
Client may order that the work stop if a condition of immediate danger to
Client's employees, equipment or property damage exists. This provision shall not shift
responsibility or risk of loss for injuries or damage sustained from the Consultant or any
subcontractor of Consultant to Client, and the Consultant shall remain solely responsible
for compliance with all safety requirements and for the safety of all persons and property
at the site of Contract Performance.
3. Consultant represents that it has received, reviewed, and is otherwise familiar
with the following documents: Hazardous Materials Removal Report performed by OHC
dated June 1998, Level One Environmental Assessment performed by PBS&J dated March
1999 and the Phase II Screening Environmental Assessment Report performed by WRS dated
May 18 , 1999.
4. Any laboratories Consultant subcontracts with to perform services related to this
Agreement shall be appropriately certified pursuant to Applicable Law. Consultant shall
ensure that all chemical analyses undertaken pursuant to and in accordance with this
OR174079:1
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Agreement shall be conducted consistent with all applicable rules, regulations, guidelines and
specifications relating to quality assurance and quality control. If re-sampling is required due
to invalid data, Consultant shall perform or arrange for re-sampling at no cost to Client.
Client may require re-analysis of all parameters for the sample(s) of concern.
5. Consultant agrees to indemnify, save harmless and defend Client, its officers,
directors, commi~sioners, shareholders, partners, employees, agents and assigns from and
against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses
incident thereto (including costs of defense, settlement and reasonable attorneys' fees), which
Client, or its officers, directors, commissioners, shareholders, partners, employees, agents
and assigns may hereafter incur, become responsible for or payout as a result of death or
bodily injuries to any person, destruction or damage to any property, contamination of or
adverse effects on the environment, or any violation of Applicable Law, caused by (i)
Consultant's breach of any term or provision of this Agreement; or, (ii) any negligent or
willful act or omission of Consultant, any subcontractor, and their officers, directors,
employees or agents or employees in the performance of this Agreement. The terms and
provisions of this indemnification paragraph shall survive the termination of this Agreement.
6. Consultant represents that it bas, or will secure at its own expense, all personnel
required in its performance of the services described in this Agreement. Consultant shall be
responsible for supervision and direction of the performance of services by Consultant's
employees and the services of any approved subcontractor. Client reserves the right to review
the qualifications of any individuals assigned by Consultant to carry out t.he Work and the right
to reject those which are not in the Client's reasonable opinion qualified. This in no way
relieves Consultant of the obligation to select and assign qualified personnel to provide these
services or of the liability incurred therefrom.
OR 174079; 1
8
"~I
. ' I ' " '. ,\ ' . . ".,., ~ ' " .' " . . . , , ",,' . " . ,
Consultant shall accept no employment for its services that would conflict with its
representations of Client pursuant to the terms of this Agreement.
Consultant shall not contact, negotiate or otherwise confer with the United States
Environmental Protection Agency, Florida Department of Environmental Protection, or local
environmental agency personnel regarding its services to be performed pursuant to this
Agreement without first providing advance notice to Client and receiving approval from Client
for such activity .
In connection with any legal proceeding brought to enforce the terms and conditions of
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party
all costs, expenses and reasonable attorneys' and paralegals I fees incurred by said prevailing
party in such proceedings, including all costs, expenses, and reasonable attorneys' and
paralegals' fees incurred on appeal, in administrative proceedings, or in any arbitration.
All parties agree that this Agreement and the contents thereof are to be interpreted and
enforced pursuant to the laws of the State of Florida. Any action at law, suit in equity, or
judicial proceeding for the enforcement of this Agreement or any provision hereof shall be
instituted and maintained only in the courts of the County of Pinellas , State of Florida, and
Consultant hereby consents the jurisdiction of said courts.
This Agreement supersedes any and all oral or written agreements and understandings
heretofore made relating to the subject matter hereof and contains the entire agreement of the
parties relating to the subject matter hereof.
ORI74079: I
9
. , " 't . ~ "": . ' , , ~ " 't" , " : l," '. , .'. ',' . . . , ..tr I,.. .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf by their respective representatives, each such representative having
been first duly authorized so to act, as of the date and year first hereinabove written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Signed:
WRS Infrastructure & Environment, Inc.
Approved as to ronn
(WRS Infrastructure and Environment Inc.)
WRS Infrastructure and Environment Inc.
OR174079:1
10
'!:if
II.
-
~ ~l!~ture & Environment, Inc.
Exhibit"A"
111 Kelsey lane, Suite B
Tampa, Aorida 33619
(813) 620.1432
Fax: (813) 620-3649
November 5, 1999
2441 Monticello Drive
Tallahassee. Florida 32303
(850) 531.9860
Fax: (850) 531.9866
10025 NW 116th Way, Suite 12
Miami. Florida 33178
(305) 888-4090
Fax: (305) 888-0140
15 NW 35th AV9nue
Galnesvillo, Florida 32609
(352) 375-1909
Fax: (352) 395.7521
Mr. Miles Ballogg
Clearwater Brownfields Coordinator
City of Clearwater Brownfields Program
Economic Development Team
P.O. Box 4748
Clearwater, FL 33758-4748
Subject:
Source Removal Cost Estimate
Designated Brownfield Area
Abandoned Service Station
1108 North Greenwood
Clearwater, Florida
Dear Mr. Ballogg:
WRS Infrastructure and Environment Inc. (WRS) is pleased to provide the City of Clearwater
(City) with this proposal to perform source removal activities at 1108 North Greenwood in
Clearwater, PinelIas County, Florida. The work involves excavation of impacted surficial soils,
backfill with clean fill and confirmation and pre-bum soil analytical testing. Also, a Source
Removal Report (SRR) documenting WRS activities, findings, conclusions and
recommendations will be submitted along with site maps and laboratory reports.
All site activities will be conducted in accordance with WRS, State approved Comprehensive
Quality Assurance Plan (CompQAP) # 970170, on file with the Quality Assurance Section of the
FDEP.
WRS's price to perform the above-mentioned work is contingent upon WRS' performing all the
items quoted above. The following scope of services and assumptions were made in the
pr~paration of this price proposal:
. The first activity will include the excavation, removal and disposal of petroleum impacted
subsurface soil to a depth of approximately 4.0 to 4.5 feet below land surface (ft bIs) in the
areas of concern including but not limited to SB-11, SB-12, SB-26, SB-28, SB-39, SB-
45/MW-5 and SB-46/MW-6 identified during WRS site assessment activities. These
locations are the west, south and northwest sides of the fanner location of the underground
storage tank. (UST) vault area, and former pump island area. The estimated volume of
contaminated soil to excavate, remove and dispose is approximately 35 tons.
M:\PROJECTS\I999\990034\NGREEN.DOC
1-" ,'...' ".~ )~..I_.'., , ',' ,./ . " ,'. ~,;.l ~... :1,. "., ~ ': .
~. Miles Ballogg
City of Clearwater Brownfields Program
Novenber 5, 1999
Page 2
. Backfill the excavations on site with clean fill and adequately compact with heavy
equipment. The cost of this proposal docs not include compaction density testing or proctor
analysis. The estimated volume of clean backfill is approximately 25 cubic yards.
. Confirmatory laboratory analysis will take place at perinleter locations of the excavation to
insure the impacted soil (source area) have been adequately removed. A total of three
samples will be collected and placed into laboratory prepared sample containers for analysis
by EPAMethod 8021,8310, and TRPH by FL-PRO.
. Impacted soil will be collected as per non-virgin pre-bum requirements and laboratory
analyzed by EPA Methods 8021, TRPH by FL-PRO, TOX by 9252A, PCB's by 8080 and the
8 RCRA Metals for proper transport and disposal to a thermal treatment facility. One sample
will be collected and analyzed based on the estimated volume of impacted soil to be
excavated, removed and disposed.
. The cost also includes project management meetings with the FDEP and the City regarding
project status, source removal activities, findings and reporting requirements.
. A standard SRR will be prepared detailing our activities, findings, conclusions, and
recommendations.
The quotation includes WRS's price to perform the above-mentioned work for a lump sum fee of
$9,685.00.
For a detailed cost proposal refer to the attachment. Items that exceed the estimated scope of
services and presumed site conditions referenced above will be additional quantities, to be billed
at unit rate costs listed in the attachment.
Subcontractors WRS is expected to utilize during assessment activities are listed below.
Subccntr::ctors Service
US Biosystems Analytical Laboratory
Struthers Trucking Backfill
KleenSoil Intemational, Inc. Transport and Disposal
WRS is a fully qualified and experienced environmental contractor and is confident we can meet
the expectations of the City in performance of this work. WRS is estimating 1 to 2 days to
complete the field activities with the SAR following approximately 15 to 20 days thereafter.
M:\PROJECTS\1999\990034\NGREEN.DOC
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.Mr. Miles Ballogg
City of Clearwater Brownfields Program
Novenber S, 1999
Page 3
Thank you for considering WRS to help manage your environmental needs. We look forward to
working with you in the very near future. Should you have any questions or require additional
information, please do not hesitate to contact me at 813-620-1432.
Sincerely,
WRS INFRASTRUCTURE & ENVIRONMENT, INC.
Attachraent: Budgetary Cost Proposal
RADlIn
M:\PROJECTS\1 999\990034\NGREEN.DOC
(i)
f':
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(. I , >" , ' , , .. ': " " ! <-' q'
ATTACHMENT
BUDGETARY COST PROPOSAL
SOURCE REMOVAL ACTIVITIES
1108 NORTH GREENWOOD AVENUE, CLEARWATER, PINELLAS COUNTY, FLORIDA
WRS INFRASTRUCTURE & ENVIRONMENT, INC. REFERENCED PROJECT No. 990034
DIRECT LABOR
Project Manager 12 Hours $ 75.00 $ 900.00
Project Scientist 22 Hours $ 65.00 $ 1,430.00
Supervisor 10 Hours $ 60.00 $ 600.00
Staff Scientist 28 Hours $ 45.00 $ 1,260.00
Equipment Operator 10 Hours $ 40.00 $ 400.00
Technical Illustrator 6 Hours $ 45.00 $ 270.00
Clerical 4 Hours $ 30.00 $ 120.00
SUBTOTAL-PERSONNEL $ 4,980.00
TRANSPORTATION AND DISPOSAL
T and 0 Non-Hazardous Soil 35 Ton $ 38.00 $ 1,330.00
SUBTOTAL - T and D $ 1,330.00
VEHICLES
Truck, Pickup 2 Day $ 65.00 $ 130.00
SUBTOTAL - VEHICLES $ 130.00
CONSTRUCTION AND SPECIALIZED EQUIPMENT
Decontamination and Sampling Eq. 1 Week $ 250.00 $ 250.00
Trackhoe Excavator & Transport 1 Day $ 850.00 $ 850.00
SUBTOTAL - CONSTRUCTION AND $ 1,100.00
SPECIALIZED EQ.
EXPENDABLES AND MATERIALS
:
Fuel, Mileage and Misc. Expense 1 Lump Sum $ 225.00 $ 225.00
Visqueen 1 Roll $ 55.00 $ 55.00
Backfill Material and Transport 25 CY $ 8.00 $ 200.00
Sample Gloves 20 Pair $ 0.25 $ 5.00
SUBTOTAL-EXPENDABLES $ 485.00
AND MATERIALS
m:/Srce.x/s
Page 1
Revision Number: 0
Date: 11/5/99
~:
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ATTACHMENT
BUDGETARY COST PROPOSAL
SOURCE REMOVAL ACnVlnES
1108 NORTH GREENWOOD AVENUE, CLEARWATER, PINELLAS COUNTY, FLORIDA
WRS INFRASTRUCTURE & ENVIRONMENT, INC. REFERENCED PROJECT No. 990034
ANALYTICAL TESTS
Volatile Organics
Polynuclear Aromatic Hydrocarbons
TRPH by FL-PRO
Pre-Bum, Non-Virgin
3 Each $150.00 $
3 Each $125.00 $
3 Each $95.00 $
1 Each $550.00 $
SUBTOTAL - ANALYTICAL TESTS $
450.00
375.00
285.00
550.00
1,660.00
9,685.00
TOTAL LUMP SUM PROJECT COST
$
m:/Srce.x1s
Page 2
Revision Number: 0
Date: 11/5199
-.-
. . ~ '." ,. . . , " ' " , "', ~ '
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Exhibit B
FINAL AFFIDAVIT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, persona.11y appeared
who, after being first duly
sworn, depo:ies and says of his/her personal knowledge as follows:
I.
He/she is the
( Project manager) of [WRS Infrastructure @
Environment] which does business in the State of
(hereinafter referred to as the "Consultant").
II.
The Consultant, pursuant to a contract dated
, 199_, with the City Of Clearwater
(hereinafter referred to as the "Client"), bas funiished or caused to be furnished labor, material and services for the
constrUction of certain improvements as more particularly set forth in said contract.
m. This Affidavit is executed by the Consultant in accordance with Section 713.06(3)(d) of the Florida
Statutes for the purpose of obt;lining a final payment from the Client in the amount of $
IV. All work performed under the contract referred to above has been fully completed, and all lienors
under this contract have been paid in full, except the following list of lienors:
STATE OF
COUNTY OF
Sworn to and subscribed before me this _ day of
,199_.
Notary Public
Print:
Personally known
OR Produced ID
Type of ID Produced
OR174079;1
~'
, . .... . ... . . . 1,' " '/
...:' '" "" . ,~ , ' ?",~~p . \I, ; .' /'~~'t:.c'..;..l..<,~"'\:f ,.
. Item #18
/ S-S-~
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~v~
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeti ng Date:
J~
~
SUBJECT/RECOMMENDATION:
Approve an Agreement with the Greater Clearwater Chamber of Commerce for the Fiscal Year 1999-
2000, for which the City shall provide $170,000 in funding in exchange for certain tourism services to be
proYided by the Chamber,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. During its Fiscal Year 1999-2000 budget meetings, the City Commission decided to change the way it
promoted tourism in the City. Pursuant to that decision, the City has been negotiating agreements
with the Clearwater Chamber of Commerce and the Clearwater Beach Chamber of Commerce for the
chambers to provide specific tourism services.
. The City and the Greater Clearwater Chamber of Commerce have agreed that the Chamber will
provide visitor information services for the City, at the Chamber's business location. Said services
will include the preparation and distribution of visitor guides, advertising, telephone service and its
attendant costs, and the operation of the tourism web site formerly handled by the City, as more fully
described in Exhibit "A" of the agreement.
. Approximately $15,000 is currently available for this purpose in the tourism operating budget. The
balance of $155,000 will be provided by first quarter budget amendments transferring savings of
$103,000 from the city Manger's office due to the vacant Deputy city Manager position, and transfer
of $55,000 from the Human Relations program from savings generated with the move of the
compliance program to Pinellas County. The Chamber shall furnish the City with a monthly report of
activities and shall make avai lable its accounti ng records of the costs expended on behalf of the City
at reasonable request from the City.
, The term of the agreement is to run from January 1, 2000 through September 30, 2000.
NA
Originating Dept:
Economic Development
User Dept.
Economic Developmen
Attachments
Costs
$170,000
Total
Reviewed by:
legal ~ Info Tech
Budget ~ Public Works
Purchasing ~ DCM! ACM
Risk Mgmt NA Other
NA
NA
Funding Source:
CJpildllmprovemenl
Current Fiscal Year
Ol'er,lIing X
Uthl'l
Submitted by:
City Manager
Printed on recycled paper
Copy of Exhibit "A" to
Agreement
o None
Appropriation Code:
010-09213-581000-552-000
Rev. 2/98
ExftCC1tlw CommIItN
Judy Mircnel
ChlIinnlJn 01 /he Boara
E.D. AtmstrOl'g. 1&
Cf'lajrman.8ect
HoilyOuncan
VC Govemmental AIfairs/
S:onomic Development
John P. CoI"'Jlliiy
VC Sm3l &s.ness
Robert Kimey
VCArea ~
Greg BrosiUs
I.fC Tounsm
Jeanette Reotr"",
VC M9mbOtshi{J/PvtJs.I
Pt.Jbbc ReJstio.'tS
Franl(V. Murphy. iii
\I'C Spcdsl &ents
Gary S. Gray
Trusur&'
Chafle:; O. Riggs. IU
tmmecJtat8 Past CtJaitman
Ju:lus J. Zschau
Legal Counsel
Mike Meidel
PfBSidenl. CEO
Board of DII"IlC'tor.I
Mark Abclo
KeIth Appenzeaer
Roy B'.nger
Sl8Vll Chandler
Theresa Crane
Edward C. Orcste
Pat OIJffy
F1jchard F"lt2gerald
Doug Fr8dericks
Judy GaniSin
Hoyt Hamilton
Kemeth G. Haln1tcn
WJliam Heller
PIli! M. Hendersc:n
Guy Jasmin
Dar1ene Ko1e
Alan~anning
Brad MCMurtrey
Arislides MiliO!es
..~m Myars
David Nadeau
Jamis t-./Q1sOt'
Joe Rilcl'lie
Oaryt J. SeatClr1
DavidSipe
SIeve Sponcer
David P. Stone
Ronald W. St:.;a:t
John T mbel'lal<e
James Wl!Ilrous
Doo;lIaS J. VVI.".Iar'IS
~."
GREATER CLEARWATER
CHAMBER OF COI\Nv\ERCE
1130 o.EVBAND ST.. P.O.BOX 2.4~7, aEARWAlER, Fl3J7S7.24S7 · 727/.s61.Q011 · FAX n7/u9.2889. W'<NW.clearwafl!rlloriclo.org
September 13, 1999
Mike Roberto
Ci1;y Manager
City of Oearwate:r
P.O. Box 4748
Clcanvater. FL 33787-4748
Dear Mike:
To confinn our agreement discussed September 9. 1999. the Greater Clearwater of Cclmmerce is
pleased to contract with the City of Clearwater to provide the following services previowly handled
by the City's tourism office. "
1) We will oversee VISitor Guide fulfillment. We are curren1ly awaiting bids from mailing houses
to perform this function. All requests received from the various SOllI'CeS (for example, Miles
Media. the Chambers, Answer Excellence, etc.) will be sent directly to the mailing house. The
mRiling boose will prepare a monJhly report iI\CJicating the numbc:r of leads by source. number
of pico:s mailed. postage amounts, etc. The report "ill be forwarded to the Clearwater Beach
Chamber. along with the listing of prospects received from all non-chambc:r sources.
2) We will maintain the inventory of visitors guides at the state Welcome Centers and will take
over payment of rack brochure space at the Jennings and Yulee CenteIS after July 1,2000.
3) We will place destination advertising in the Sl PetersburglClearwater Area Convention and
Visitors Bmeau and Visit Florida VISitors Guides. Ad creative should be redone every three
years. 'Ihc 2000-2001 guides wiH need new creative. and will require additional funding in that
fiscal year) 5 budget.A4) We will manage the contract with Answer Excellence for toll-free number answering services
and oversee the W A TS serviceslbilling.
5) The former tourism. office phone line will be answered by VRU with two caller options: a)
forwarding to Answer Excellence for VISitor Guide fulfinmem; b) forwarding to an information
specialist at the Greater Clearwater Chamber for all other needs. This phone munber will be
removed from the telephone company's directory assistance listing, SO calls should soon
originate only in TCSpOnse to international advertising. These calls are expected to total 20-30
per month.
The Greater Clearwater Chamber of Commen:e will pI'O\ ide these services to the City of CIearwat.cT
for $170,000 per year. If, in any given year, the seIVices lis1ed above can be handled for less than
that amount, the balance will be applied to additional destination advertising.
We will pick up the W'W'W. VisitClean\1l1erFlorida.coxn domain name in December. Expenses will be
paid from the chamber's budget and we will operate it as an extension of our web site.
We look forward to this opportunity to partner with the City of Clearwater to maximize the value of
your investment in the tourism industry and benefit all residents and businesses in the city.
Sincerely,
Michael Meidel
President/CEO
1kr~of~~~cwt.~
EXHIBIT "Arr
.. " ; , , I > ~, '" ". ~. .'. . ' 'I" . . ~ J ," - ,. .' . : . , . , \i." ~. " \ , . " .,'
Meeti ng Date:
XL
J'a.9.CCL
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
SU OJ ECT IRECOMM EN DATION:
Approve an Agreement with the Clearwater Beach Chamber of Commerce for the Fiscal Year 1999-2000,
for which the City shall proYide $25,000 in funding in exchange for certain tourism services to be
provided by the Chamber,
and that the appropriate officials be authorized to execute same.
SUMMARY:
. During its Fiscal Year 1999-2000 budget meetings, the City Commission decided to change the way it
promoted tourism in the City. Pursuant to that decision, the City has been negotiating agreements
with the Greater Clearwater Chamber of Commerce and the Clealwater Beach Chamber of
Commerce for the chambers to provide specific tourism services.
. The City and the Clearwater Beach Chamber of Commerce haye agreed that the Beach Chamber will
become the City's agent in all matters pertaining to the Beach Visitor Information Center. The Beach
Chamber shall provide yisitor information services at the Visitor Information Center at the Clearwater
Marina. Said services shall include payroll, scheduling, and maintaining employees, providing all
needed supplies, materials, and furnishings to the Visitor Information Center, as more fully described
in Exhibit" A" of the agreement.
. Funding in the amount of $25,000 is available in the Tourism operating budget to fund this
agreement. The Beach Chamber shall provide an accounting of said funds, as well as furnish the City
with a monthly report of activities on behalf of the City.
. The term of the agreement is to run from January 1, 2000 through September 30, 2000.
Reviewed by: Originating Dept: Costs $25,000
Legal ~ Info Tech NA Economic Development Total
Budget r;;: Public Works NA User Dept. Funding Source:
Purchasing DCMlACM Economic Development Capilallmprov~ml'nt Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating X
-"-
Olhl'f
Submitted by:
City Manager
Printed on recycled paper
Copy of Exhibit "A" to Agreement Appropriation Code:
010-09213-581000-552-000
o None
Rev. 2/98
~ '\ ,,1 ~ '.. ' ,1' 1 ,. .
EXHIBIT "Au
· The Visitor Informa~ion Center will serve as the Clearwater Beach Visitor Information
Center. The Cleal"Nater Beach Chamber of Commerce will be the City's agent in all
matters pertaining to the Beach Visitor Information Center.
· Current space in the Clearwater Marina will be provided to the Visitor Center rent-
free and shall be open Monday through Saturday, 9:00 a.m. - 5:00 p.m., Sunday
1 :00 p.m. - 5:00 p.m.'~ and closed Christmas Day, New Year's Day, and
Thanksgiving Day. "
t
· Payroll, scheduling, end maintaining employees will become the responsibility of the
Clearwater Beach Chamber of Commerce.
· The City will donate \he current desk and chair to the Beach Chamber of Commerce
for use in the Visitor Center. The Chamber will provide all needed supplies,
materials, future fU{'liture, signage, and other furnishings for the Visitor Center.
I
· The City will contir:de to provide the phone service through the Marina. Long-
distance charges will be paid by the Chamber to the Marine Department.
· The City will notify th\3 current employees that they will no longer be city employees
and will, with appro",,1 of the Beach Chamber, become Chamber employees.
· The Clearwater Beach Chamber of Commerce will maintain a separate account for
the Visitor Informa1i~)rj Center and will provide an accounting of the expenditure of
funds to the City Manager.
· The Clearwater Be3ch Chamber of Commerce will provide monthly reports to the
City Manager of tho? number of visitors and type of questions answered.
· Clearwater Beach Cl1amber of Commerce may purchase City shirts at cost.
5
'l)
, ,'.1'.' / ' , " ," ,J I ' , ' .. .' . , ,'., ,~: " ' , "," , " ~ t, ~' '. . ~ . ' , ),1 . '" . r " .., ..' I " ,..
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
8--0
~
Final Agenda Item #
SUBJECT /RECOMMENDA liON:
Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund,
o and that the appropriate officials be authorized to execute same.
SUMMARY:
In keeping with the provisions of Florida Statute 185.05, which states in part.. ./lthe board of trustees shall
consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the
municipality, who shall be appointed by the legislative body of the mun icipal ity.. ,"
On October 16, 1997, William Schwob (2574 Sweetgum Way West, Clearwater) was appointed by the City
Commission to serve on the Board of Trustees of the Police Supplementary Pension for a period of two years
(11/01197-11/01/99).
The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that William
Schwob be re-appointed to serve a two (2) year term as trustee. Mr. Schwob has stated that he will accept re-
appointment.
N/A
N/A
Costs
Reviewed by:
legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCMlACM
Other
Total
Current FY
Funding Source:
CI
OP
Othe
r
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code:
Rev. 2/98
.-
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Vb J-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # Q.. \
Meeting Date: ~
SUBJECT IRECOMMEN DA liON:
Approve second amendment to the contract with Logistic Systems, Inc., Missoula, MT, (logisys),
removing the Records Management System (RMS) Software and related installation, training, interface
and project management portions of the contract, reducing the total contract amount to $349,174.40,
IB and that the appropriate officials be authorized to execute same.
SUMMARY:
. In December of 1998 the Commission approved the Logisys contract for Computer Aided Dispatch (CAD)
hardware and software, Records Management hardware and software, training and project management for
a dollar amount not to exceed $576,174.40.
. The CAD System is installed and working well. The Police Department has also receiyed, installed and is
using the Records Management computer hardware.
. logisys has missed several milestone dates for the development and implementation of the Records
1v1anagement software and has stated they will be unable to complete the Records Management System by
the contract deadline of December 28, 1999. The Police Department and Logisys have mutually agreed to
disconti nue the development of the Records Management System and to delete other specified expenses.
. The portion of the contract to be removed consists of Records Management software at $164,250 and
project management and training that has not been received in the amount of $62,750. This will reduce
the $576,174.40 contract by $227,000 to a total of $349,174.40. The CAD system and already installed
Records Management hardware will remain in place.
It Upon termination of this portion of the contract, the Police Department will seek and bring back for
Commission approval a Records Management System for an amount equal to or less than $227,000
Reviewed b~ Originating Dept: Costs
Legal Info 5rvc NA POLICE Total
Budget v Public Works NA Funding Source:
Purchasing NA DCMlACM Current FY CI
Risk Mgmt Other Attachments OP
Other
Submitted by: k o None
City Manager - A ro riation Code:
Printed on recycled paper Rev. 2/98
., ,\' .,',.!~' ,.', ~ ,'.,- ,".i' ,'. ',',I ,\ '.1,' 'J"'. ," 1 " :.... i' ",:"~,, - \. ,_~. _ ", ,~' "" ',', .;','," ", . 4 " ' .. :,
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # '~ ~
Meeting Date: l~' 4.9 J_
SUBJECT/RECOMMENDA liON:
Approye acceptance of a $375,000 three-year COPS Universal Hiring Program grant for September 1 , 1999
through August 31, 2002 from the U.S. Department of Justice/Office of Community Oriented Policing Services
(COPS)
[g] and that the appropriate officials be authorized to execute same.
SUMMARY:
e The Clearwater Police Department will use this grant to hire fiye new, additional full-time community police
officers. The officers will be assigned to a community policing team consisting of one sergeant and four
officers. The team will be assigned to the beach during peak season and rotated to other neighborhoods
during the remainder of the year.
. The police sergeant and four police officers have already been selected and trained for this new
assignment. Additionally, they have been briefed regarding specific criminal activity during peak tourist
season on the beach; problems associated with current and future construction projects that impact on
beach traffic; and other issues unique to the community. These new grant positions will be utilized to fill
vacancies created in the patrol division with the creation of this new beach team.
. Under the COPS Grants Program, all of the above-referenced positions are required to be retained at the
conclusion of the grant period for one fiscal year. The department will budget for the continuation of these
positions in preparation of the 2002/2003 budget to meet grant requirements. The projected costs for
salaries and benefits for the five police officers will total $222,319.95.
. Clearwater's award allocation from the U.S. Department of Justice/COPS is for a total of $375,000,
requiring a local match of $206,732.55 over a three-year period. A $54,121.00 match is required for Year 1
of the grant; $67,743.75 is required for Year 2; and $84,867.80 is required for Year 3. Matching funds in
the amount of $101,122.19 have already been transferred from the 1998/99 Police Department's Operating
Budget into Special Project No. 181-99375 through a 3rd quarter budget adjustment. The additional
$'105,610.36 in match will be provided by the Department's Investigative Cost Recovery fund, Special
Project No. 181-99329.
. Clearwater's initial costs for equipping the six police officers will total $50,000. This will be a one-time
expense in the first year of the grant and will include costs for uniforms, weapons, radios, bicycles, and
computers for the officers. Funding will be provided under a grant award from the Department of Justice's
FY 2000 Local Law Enforcement Block Grant Program, to be awarded in January 2000.
Reviewed by:
Legal C!M-
Budget ~
Purchasing n/s
Info Srve
Public Works
DCM/ACM
n/a
n/a
Costs
Total 206,732.55
j~
Current 54,121.00
FY
Funding Source:
CI n/a
Risk Mgmt nla
Other
n/a
Attachments
OP
other
Required match for grant
A ro riation Code: 181--99375
n/a
See above
Submitted by:
City Manager
x None
Drlntnrl nn r..,..\lrl..tt nllnAr
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Clearwater City COlnlnission
Agenda Cover MelTIOrandulTI
Work Session It em #:
Meetinq Date:
8.3
~
Final AQenda Item #
SUBJECT/RECOM M ENDA TION: Ratify & confirm Change Order in the amount of $80,268.00.
Original contract to Tall1pa Bay Engineering issued for emergency repair and retrofit of the Solid
Waste Fueling Facility r
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· In September, Tampa Bay Engineering was issued an Emergency PO for $90,712 from CIP Fund
94761 to repair and retrofit the Solid Waste Fueling Facility to correct non compliance issues with the
Florida Department of Environmental Protection. Work commenced on September 7, 1999.
· Following the removal of concrete in the first week of construction, contamination was discovered. The
existing tank sumps, product piping, dispenser liners and spill buckets had cracked, rusted, and
deteriorated beyond repair, allowing product to leak to surrounding soils.
o To date, approximately 10 cy of contaminated soil have been excavated and stockpiled, pending lab
analysis and disposal. Preliminary screening of soils under the dispensers suggests the presence of
additional contaminated soil and possible groundwater contamination. A Contamination Assessment
(CA) will likely be required pursuant to Florida Administrative Code (FAC) 62-761. Should the FDEP
direct the City to conduct a Contamination Assessment. the $5,000 insurance deductible is included in
this Change Order.
e Given the site conditions observed below grade following excavation, staff recommends that significant
grading improyements can provide a permanent and C0st effective solution to the drainage problems, if
done concurrently with the necessary replacement of piping and equipment.
Current FY
Funding Source:
CI
OP
at her
e The following tasks were not included in the original Work Order, and will be completed under this
Change Order. Tank sumps and spill containment buckets will be replaced rather than retrofitted. All
product piping will be replaced to ensure continuation of petroleum liability insurance coverage.
Concurrent with piping replacement, entire site will be elevated (additional fill and concrete) to solve
drainage problem. Dispenser islands will be switched to facilitate oversized vehicles. All contaminated
soil will be excavated, analyzed and properly disposed of. Additional soil and groundwater sampling
will be conducted as required by the State.
. Funding will be provided from the following capital projects:
94761 Pollutant Storage Tanks R&R $ 31A13
96111 Groundwater Clean Up $ 48,855
Reviewed by:
Legal N/A
Budget ~
Purchasing ~1
Risk Mgmt. N/A"{
Solid Waste rw1.' .
Submitted b :
City Manage
Info. SeNices: E;'
Public Works [
DCM/ACM 'J;J'"ill
GSS ~
Originating Department: 1
Public Works Administrati n
User Department:
General Support Servo es
A ttachroonts:
Copy of Change Order
Costs
Total $80.268
V Printed on recycled paper
o None
Appropriation Code:
315-94761-561000-539-000
315-96111-561000-539-000
Rev. 2/98
,'."-;".1
r- 1
',: '...' ...'" ',''',. :,',,'~I,,1 ':.',~'.~." ,I~;''''j.~ 4''': :.....,~I... ':'~ 'r".:. ~" t~'."":"lJ':..lj~~ ;....t:.,,'.'~',:-:._..,;'.:..'J :J~~, ',' >...::11:"'....':.....,;.-:.:.,'~.--:', ':....j."..,'I~,
Clearwater City COlnlnission
A~lOa Cover Mernorandlun
Work session Item #:
Final AQenda Item #
8-Lj
Meetin!:l Date: 12/09/99
SUBJECTfRECOMMENDA TION:
Approve the Tampa Bay Engineering Work Order for Engineering Services for Rehabilitation of
Sanitary Sewer Pump Stations Number 20 and 35 in the amount of $246.838.00,
l!I and that the appropriate officials be authorized to execute same.
SUMMARY:
· As part of the Sanitary Sewer System Evaluation and Self-Audit. Phase I, twenty-four of the City's
wastewater pump stations were evaluated for upgrades due to age and condition. Stations 20 and
35 received high priority ratings for rehabilitation improvements and to be brought up to current
regulatory standards.
· Pump Station 20 is a wet/dry well station located at the entrance to Island Estates. This pump
station has a severe odor and corrosion problem. It is assumed that the rehabilitation ot pump
station 20 will take place in close proximity to its present location. If Pump Station 20 must be
relocated due to permitting issues, site limitations, etc., additional design tee may be required.
Besides serving Island Estates, this station also re-pumps all wastewater from the north end of
Clearwater Beach to the mainland and. therefore, should be equipped with backup electrical
power for reliability.
. Pump Station 35 is a converted submersible station located on Harbor Passage Drive. There is
severe corrosion evident in the above and below ground structures.
o The available balance in Sanitary System Renewal and Replacement Revenues, 315-96665 is
adequate to fund this project.
. Tampa Bay Engineering is one of the City's Engineers-ot-record. and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
Reviewed by:
Legal .~ Info Srvc =l \
Budget ?~bliC Works
Purchasin~~,.. DCM/ ACM
Risk Mgmt NA Other
Originating Dept:
Public Works Admini
User Dept. MA
costs
Total
$246,838.00
Funding Source:
CI x
OP
Other
Current FY x
Attachments
Submitted by:
City Manager
Printed on recycled paper
o None
. '. ',', , , " _" j. : ' . '. .." T ,'.. : \ l .' '.~. .'~' , \' ~" ,~' , . , .' . . . . . " ; . '.. . ~ . ~ .'- : '.. '. '_ . ' ',,' ' '. ': .
'DE
ENGINEERS
PlANNERS
"Gvolily By DeSIgn'
-
TAMM lAY ENGINEERING, INC. A TBE GROUP COlv1PANY
October 7, 1999
Marty Pages
Administrative Analyst
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756
RE: Work Order Initiation Form
Rehabilitation ofPwnp Stations Number 20 and 35
TBE Project Number 00083-021-01
Dear Ms. Pages:
TBE is pleased to submit two original Work Order Initiation Forms for the City of Clearwater's
proposed Rehabilitation of Pump Stations Number 20 and 35. Please return one executed original
of the Work Order form for our files.
TBE is committed to performing these services upon receipt of the City's approved Purchase Order.
If you have any questions, please contact me at 727/531-3505. We look forward to working with
you on this very important project.
Sincerely,
.....
Robert G. Brown, PE
Senior Vice President
RGB:jak
Enclosures: Work Order Initiation Form (2)
cc:
Mahshid D. Arasteh, City ofCleanvater, w/enc1osure
Kelly O'Brien, City of Clearwater, w/enc10sure
Kevin Becotte, City of Clearwater, w/enclosure
Janet A. Sass, TBE w/enclosure
Dorian Modjeski, TBE, w/enc10sure
, m. u\: ~ n tq w. rr])i
1 i n I I i Ii.
jlj/ OCT - 8 IrS9 ~;
I '--- _ -.. ------ ..-- I
: t l' .'
.'. .'
J:\OOCIOOO83\OOO8J021.01\Pages.ltr
18167 U.S. 19 North, Suite 550 Clearwater, Florida 33764 727-531 -3505 Fox 727-539-1294
.,' .',' .' .'I;','!,!:. "'\'" '.Il'~' .....,..-". ',1\.', )\ )', ~ ) l~"" ~t' ~ '"':'" . ',',..,"t', ..,,1, I,~l,\~, ~ '. I, "t.,
"
City of Clearwater
Public Works Administration
Tampa Bay Engineering, Ine. (TBE) Work Order Initiation Form
Date: October 7, 1999
TBE Project Nwnber
City Project No.
1.
PROJECT TITLE:
Rehabilitation of Pump Stations Number 20 and 35
2. SCOPE OF WORK:
As part of the Sanitary Sewer System Evaluation and Self Audit, Phase 1, twenty-four of the
City's wastewater pump stations were evaluated for upgrades due to age and condition.
Stations 20 and 35 received high priority ratings for rehabilitation improvements and to be
brought up to current regulatory standards.
Pump Station 20 is a wet well/dry well station located at the entrance to Island Estates. This
pump station has a severe odor and corrosion problem. Site restrictions may hamper on-site
rehabilitation. Besides serving Island Estates, this station also re-pumps all wastewater from
the north end of Clearwater Beach to the mainland and, therefore, should be equipped with
backup electrical power for reliability.
Pump Station 35 is a converted submersible station located on Harbor Passage Drive. There
is severe corrosion evident in the above and below ground structures.
TBE shall provide professional engineering design services in connection with the City's
Rehabilitation of Pump Stations 20 and 35. Specifically, TBE will provide the following
engineering services and/or professional disciplines:
... Hydraulic Analysis
... Construction Plans and Specifications
... Cost Estimating
... Topographical Survey
... Geotechnical Services
... Mechanical, Structural, HV AC, Electrical, Instrumentation and Architectural
... Civil Engineering
... }>ertIlitting
... Utility Coordination
... Public Infonnation.
... Services during Construction
Tampa Bay Ene:ineenne.lnc.
J:\DOOOOO8J\OOO83021.01\LS2O&JS.WO
Page 1 of 5
October 7, J 999
;..t~
~
The following tasks are included in this project:
Task 1
Preliminary Design Report
A preliminary Design Report addressing the following items as a minimum
shall be prepared:
A. Proposed Site and Alternatives
B. Impact of Existing Utilities, Buildings, Trees and Other Physical
Features
C. Odor Control
D. Pennitting
E. Hydraulic Analysis
F. Pump Selection
G. Emergency Power
H. Architectural, Structural, Mechanical, Electrical, HV AC and
Instrumentation
I. Costs associated with Alternatives
Also included shall be attendance at community meetings (up to four) as
required.
Task 2
Final Design
Prepare final construction plans, specifications and contract documents to
secure acceptable bids for construction. Prepare pennits as required and
construction cost estimate. Provide for lift stations site survey necessary for
the location, design, and preparation of construction plans. TBE will
coordinate with City Utilities staff and with Florida Power, Clearwater Gas,
Cable TV and GTE to properly note these utilities. All survey services will
be in accordance with Chapter 481, Florida Statues and Rules 61Gl, F.A.C.
Provide for acquisition of necessary soil data and other pertinent infonnation
required for the design and construction of the proposed lift stations
rehabilitation and associated facilities.
Task 3
Bidding Assistance
TBE shall provide general services during the bidding phase which may
include:
A. Attend a pre-bid conference, if required
B. Prepare formal addenda to clarify and/or expand the contract
documents
C. Attend bid opening
D. Prepare an evaluation of all bids and prepare a recommendation of
Tampa Bav Enl!lneerine. IDe.
J:\I)()(."oO()()831OOO8302 t. 0 I \l.S2o.tU WO
Page 2 of 5
October 7, 1999
"
award to the City when the bids have been received
Task 4
General Services (during construction)
TBE will attend and assist in a pre-construction conference. Services to be
performed during construction include:
A. Provide written memorandum identifying the critical points requiring
observation during construction to comply with certifications for
permitting
B. Attend the pre-construction conference
C. Review and approve all required shop drawings
D. Furnish consultation during construction regarding the interpretation
of any and all parts of the plans and specifications. Eight hours per
week for 40 weeks has been budgeted for thi.s task
E. Make visits to the site at appropriate intervals to observe the work in
progress
F. . Expeditiously respond to problems during construction
G. Review requests for substitution of materials
H. Review all Change Orders and Supplemental Agreements
I. Attend pre-final field meeting after all deficiencies are corrected
1. Prepare all required permit certifications
3. GOALS:
To provide rehabilitation of Pump Stations 20 and 35 to facilitate operation and maintenance
and to conform to current regulatory standards. Rehabilitation at Pump Station 20 will
include odor control and emergency power facilities.
4. BUDGET:
Design Phase
Task 1
Task 2
Task 3
Task 4
Preliminary Design Report
Final Design I
Bidding Assistance
General Services during Construction 2
$28,214
$145,272
$6,162
$67.190
Total
$246,838
I Includes Survey and Geotechnical
2 Based on Construction Period of Nine Months
Tampa Bav Eoeloeerlne. loc.
J:\DOC'llOOI3\OOOS3021.0 1\LS20&tJ,. wo
Page 3 of 5
October 7. 1999
..
5. SCHEDULE:
Services to be rendered will commence upon written notice from the City.
Task 1 wll be completed in approximately 120 days following notice to proceed.
Task 2 will be completed in approximately 150 days following approval of the Preliminary
Design Report.
6. TBE STAFF ASSIGNMENTS:
Title - Name
Phone Number
Extension Number
531-3505 ext 345
531-3505 ext 323
531-3505 ext 352
Principal in charge/Project Liasion - Robert G. Brown, PE
Director - Dorian Modjeski, PE
Project Manager - Donald McCullers
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Kelly O'Brien, Civil Engineer I, Engineering Department
with copies to Kevin Becotte, PE, Public Utilities Director, and N. David Sickler,
Wastewater Collection Superintendent.
8. INVOICING/FUNDING PROCEDURES:
The fees for Tasks 1,2,3 and 4 shall be based on provision of Payment B - Lump Sum and
will be invoiced monthly based on percent complete.
A ma'Ximum fee of $246,838.00 has been established for this project.
City Invoicing Code:
9. SPECIAL CONSIDERATIONS:
It is assumed that the rehabilitation of Pump Station 20 will take place in close proximity to
its present location. If Pump Station 20 must be relocated due to permitting issues, site
limitations, etc., additional design fee may be required.
Services to be provided by the City:
~ Payment of pennit application fees as may be required.
~ Perfonn acquisition of property and easements as required.
Tampa Bay Ene.ineerinl:. Inc.
1: \DOC\OOO(JJ\oooU021 .0 I \LS2o.t.)' WO
Page 4 of 5
October 7, 1999
'I " . " . ' ' ,'" ' I ' , :' !, .' ." /' ,', << ! ' I, ' \,' ," ,
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10. QAJQC
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
kno,vledge~ infonnation and belief will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review
of these submitted plans.
PREPARED BY:
CITY:
Mahshid D. Arasteh, PE
City Engineer
Date
Robert G. Brown
Senior Vice President
J. " . .....
Ie. ,.. 'Ii'
Date
TBE:
Tampa Bay Ene:lneerJne. Ine.
J:\DOCIOOO&3'DOOU021 ,OI\l.S20.u~. we
Page 5 of 5
October 7. 1999
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Item #25
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # ~
Meeting Date: I ~ . '1. CJ?
SUB JECT IRECOMMEN DA liON:
Re-approve a Joint Project Agreement with the Florida Department of Transportation for street lighting at
the S.R. 55 (U.S. 19) and Drew Street interchange,
Jl! and that the appropriate officials be authorized to execute same.
SUMMARY:
The City Commission approved this agreement on July 15,1999. Subsequent to that it was discovered
FOOT had provided the incorrect form. FDOT requires the Commission re-approve the agreement in the
updated format.
The agreement provides for FOOT to be responsible for design and installation of the lights. The City will
be responsible for maintenance and payment of the electric bill. The estimated annual cost for the
maintenance and electricity is not expected to exceed the City's current cost of $17,000 .
The document also includes provisions for the City to indemnify FDOT from claims resulting from City
negligence and FDOT to indemnify the City from claims resulting from FDOT negligence.
A copy of the agreement is available in the City Clerk's Department for review.
Reviewed by:
Legal ~
Budget NI A"
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
other
=l
Originating Dcpt:
Public Works A
User Dept.
Coltl NIA
Total
Current FY
Funding Source:
CI
OP
other
Attachments
Submitted by: t
City Manager
[g) None
Appropriation Code:
01 0~1331-542200-541"'()OO
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Printed on recycled paper
Rev. 2/98 Drewagreement.doc
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # ~
Meeti ng Date: 12/09/99
SUBJECT/RECOMMENDATION: Approve the final plat for Belleair Village Subdivision located
approximately 350 ft. West of Missouri Avenue lying along the South side of Belleair Road,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
· The applicant is proposing to build four single family residential homes at this location. This prope/iy is zoned
110" (Office). The Development Review Committee has approved this development.
· No back out driveways will be allowed on Belleair Road.
Reviewed by:
Legal
Budget
AJrchasi n9
Risk Mgmt
N/A
N/A
N/A
N/A
Info SVc
Public Works
DCM/ACM
Other
~,
Costs
Total
Current FY
Funding Source:
CI
OP
. Other
N/A
Attachments
Slbmltted by:
City Manager
i!l None
Appropriation Code:
Printed on recycled paper
Rev. 2/98 Plat Belleair Village Subdivision.doc
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CITY OF CLEARWATER, FLORIDA
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eity of Clearwater
One eity. One 3-utu1"e,
2000 State Legislative Package
Appropriations
The City of Clearwater will seek funding, through grants and other sources, to
assist in pursuing the Commission's Vision for the City and to implement One City. One
Future. This will include projects such as:
. Brownfields Remediation
. Stevenson's Creek Estuary Improvement
. Community Service Program in cooperation with the Salvation Army
. Library Construction
. Clearwater Homeless Intervention Program
Proposed Legislation
We request legislation be proposed that will address aggressive driving,
misuse of handicapped parking permits, alternatives to newspaper advertising
requirements, and solicitation areas at polling places.
Issues to Support
We will support legislation that is beneficial to Clearwater and other
municipalities including:
. Retention of Spring Training Franchises
. Enhancement of Front Porch Florida and Urban Revitalization legislation
. Pilot Program for Camera Monitoring and Issuing Citations for Running of R~d
Lights
. Exemption to Open Records for Municipal Utilities
. Continuation of Solid Waste Trust Fund
Issues to Oppose
We will oppose legislation that is detrimental to Clearwater and other
municipalities including:
. Increased Regulation of or Restrictions on Municipal Operations
. Unfunded Mandates
.. Weakening Home Rule Powers
~ Removal of 250/0 Surcharge for Municipal Services Provided to Non-Residents
S:\GlEGTERS\A Slale legislaturelOO Stale Sessionl2K Leg pkg ovelV1ew-e1129.doc
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Clearwater City COlnmission
Agenda Cover Menlorandum
Final A~enda Item #
SUBJECT/RECOM M ENDA TION:
Pass on first reading Ord. 6479-00 granting KMC Telecom Inc. a franchise to provide
telecommunications services to business customers in the City of Clearwater,
o and that the appropriate officials be authorized to execute SalTle.
SUMMARY:
. KMC Telecom Inc. has requested a franchise from the City of Clearwater to provide
telecommunications services to business customers within Clearwater.
. They are constructing a Fiber-optic Sonet based network. For the most part the fiber-optic lines
will be on existing poles.
. The City has the authority to grant a telecommunications franchise pursuant to Florida Statutes ~
362.01, Florida Statutes S 337.401, and Chapter 32 of the City of Clearwater Code of
Ordinances.
. The franchise agreement is non-exclusive. KMC Telecome, Inc. will obtain the necessary permits
as required by all franchisees for this purpose.
. The franchise is for a 10-year term.
. The grantee shall pay a monthly franchise fee of 1 % of the local recurring revenues.
Reviewed by: Originating Dept: Costs
Legal ~ Info Tech ik Economic Development
Budget NA Public Works User Dept. Funding Source:
Purchasin NA DCM/ACM Economic Development Capital I mprO'l emlWlt
9
Risk NA ot her NA Attachments Operating
Mgm
t
Total
Current Fiscal Year
Ot het'
APCrODliatlon Code:
Submitted by:
None
PrInted on recycled paper
Rev. 2/98
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ORDINANCE NO. 6479-00
AN ORDINANCE GRANTING TO KMC TELECOM III, INC. ("KMC" OR
"GRANTEE"), THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND
RIGHTS-OF-WAY IN THE CITY OF CLEARWATER, FLORIDA
("GRANTOR"), AS A MEANS OF PROVIDING TELECOMMUNICATION
SERVICE; PRESCRlBING TIIE TERMS AND CONDITIONS ACCOMPANYING
THE GRANT OF FRANCHISE; PROVIDING FOR SEVERABILITY OF
PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Findings.
(A) The Grantor deems it necessary, desirable and in the interest of the health, safety and
welfare of its citizens to establish by ordinance a Franchise granting the permission to Grantee to
occupy Rights-of-Way in the City of Clearwater, Florida, as a means of providing
Telecommunications Services.
(B) The Grantee is willing to place and maintain its Telecommunications Facilities within the
City under a franchise from Grantor, pursuant to Fla. Stat. ~ 362.01 (1998), Fla. Stat. ~ 337.401
(1998), and Chapter 32 of the City of Clearwater Code.
SECTION 2. Short Title.
This Ordinance shall be known and may be cited as the "KMC Telecommunications Franchise."
SECTION 3. Definitions.
For the purposes of this Ordinance, the following terms, phrases, words and their derivations
shall have the meaning given herein. When not inconsistent with the context, words in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
A. "Backhaul Network." A physical network of copper, fiber optic or microwave
links that connect Micro or Pico Cell sites to a central switching point or the public switched
telephone network.
Ordinance 6479-00
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(B) "Cable Systems" - A facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within
a community, but such term does not include:
(1) A facility that serves only to re-transmit the television signals of one or more
television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple-unit dwellings
under common ownership, control, or management, unless such facility or facilities uses
any public rights-of-way;
(3) A facility of a common carrier, except that such facility shall be considered a
cable system to the extent such facility is used in the transmission of its video
programming directly to subscribers; and
(4) Any facilities of any electric utility used solely for operating its electric facility
systems.
C. "Cell Site." The location of a transmitter/ receiver and backhaul network interface
system which provides telephone or telecommunications type services to subscribers. These
locations include single pole-mounted receiver/ transmitter units, cable suspended units,
receiver/transmitter units located on new or existing antenna structures, receiver/ transmitter
units located in buildings and on roof tops.
(D) "The City" - The City of Clearwater, Florida.
(E) "Emergency" - A reasonably unforeseen occurrence with the potential to
endanger personal safety or health, or cause substantial damage to property, that calls for
immediate action.
(F) "Franchise Area" - That portion of Grantee's service which is within the
corporate city limits of the Grantor.
(G) "Grantee" - KMC Telecom III, Inc. ("KMC"), its successors and assigns.
(H) "Grantor" - The City of Clearwater, Florida ("the City").
(I) "Law" - Any local, state or federal legislative, judicial or administrative order,
certificate~ decision, statue, constitution, ordinance, resolution, regulation, rule, tariff, guideline
or other requirement, as amended, now in effect or subsequently enacted or issued during the
term of this Agreement, including, but not limited to, the Communications Act of 1934, as
amended by the Telecommunications Act of 1996, Pub.L.Na. 104-104 g 101 (a), 110 Stat. 70
codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the
Federal Communications Commission or the governing state authority pursuant thereto.
2
Ordinance 6479-00
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(J) "Micro Cell." A transmitter/receiver system used to communicate to the
subscriber's handset. Typically with a range 600-1,000 meters.
(K) "Person" - Any person, firm, partnership, association, corporation, company or
organization of any kind.
(L) "Pico Cell." A transmitter/receiver system used to communicate to the
subscriber's hand set. Typically with a range of 200- 600 meters.
(M) "Recurring Local Service Revenues." Revenues from the recurring charges for
local services provided by Grantee using its Telecommunications Facilities within the Grantor's
rights-of-way.
(N) "Rights-of- Way" - All of the public streets, alleys, highways, waterways, bridges,
easements, sidewalks and parks of the City, as they now exist or may be hereafter constructed,
opened, laid out or extended within the present limits of the City, or in such territory as may
hereafter be added to, consolidated or annexed to the City.
(0) "Telecommunications Company." Every corporation, partnership, and person and
their lessees, trustees, or receivers appointed by any court whatsoever, and every political
subdivision in the state, offering two-way Telecommunications Services to the public for hire
within this state by the use of a Telecommunications Facility.
(P) "Telecommunications Facilities." Includes real estate, apparatus, and property
used and operated to provide two-way Telecommunications Services to the public for hire within
this State.
(Q) "Telecommunications Services." Includes, without limitation, local service as
defined in Fl. Stat. 9 203.012(3) (1998), toll service as defined in Fl. Stat. * 203.012(7) (1998),
private communication service as defined in Fl. Stat. S 203.012(4) (1998), or any other provision
of two-way communications services to the public for hire. Telecommunications Services, as
contemplated herein, does not include the provision of service via an open video system, which
shall require separate authorizations from the Grantor.
(R) "Wireless Comnlunication System." Any system which uses form of cellular
telephony which allows business and residential subscribers to access and/or make telephone
calls to each other through the wireless communication system or one of the public switched
telephone networks using cordless telephone devices which communicate with limited range
micro or pico cells (transmitter/receiver sites) connected to a backhaul network.
SECTION 4. Grant of Authority.
(A) There is hereby granted by Grantor, to Grantee, the right and privilege to
construct, erect, operate, own and maintain, in, upon, along, across, above, over and under
Rights-of- Way now laid out or dedicated, and all extensions thereof, and additions thereto in the
City, poles, wires, cables, underground conduits, manholes and other TelecommW1ications
3
Ordinance 6479-00
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Services and utility structures necessary or proper for the maintenance and operation of its
Telecommunications Services, provided that all visible portions of the same shall conform to the
National Electrical Code. This Franchise is awarded subject to all applicable Law. Grantee and
Grantor acknowledge that Grantee's Telecommunications Services business is subject as a
telecommunications common carrier to the requirements of Fla. Stat. Ann g364 (West 1995) and
the Rules and Regulations of the Florida Public Service Commission in its intrastate aspects and
to 47 U.S.C. ~201 et seq., and the Rules and Regulations of the Federal Comnlunications
Commission in its interstate aspects.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantee agrees that it shall
not, unless allowed specifically by applicable State or Federal law, use Grantor's Rights-of-Way
for the operation ofa Cable System without a separate franchise therefor from the City. Grantee
also agrees that without the prior written permission of Grantor, it will not allow any entity
providing a wireless communication system to acquire rights to occupy Rights-of:" Way under this
Franchise. This Franchise is for use by Grantee of Grantor's Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantor shall not prevent
Grantee from using wireless technology to provide Telecommunications Services, under
applicable ordinances and regulations.
(C) Annexation or Contraction. Grantee agrees that the Franchise Area may be
subject to expansion or reduction by virtue of Grantor's annexation or contraction of municipal
bOlmdaries. If Grantor approves any Franchise Area expansion or reduction by annexation,
Grantor will provide notice to Grantee. Grantee must revise its payments due to any expansion
or reduction by annexation within a reasonable time after notice to Grantee, but no later than
sixty (60) days after notice of the effective date of change.
(D) Non-Exclusive Use. The right to use and occupy said Rights-of-Way for the
purposes herein set forth shall be non-exclusive, and the Grantor reserves the right to grant a
similar use of said Rights-of- \Vay to any person at any time during the period of this Franchise,
so long as such grant is competitively neutral and non-discriminatory, as required by ~ 253 of the
TelecommWlications Act of 1996, with respect to similarly situated users of the Rights-of-Way.
SECTION 5. Terms of Franchise.
(A) The Franchise and rights herein granted shall take affect and be in force from and
after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee
of all the terms thereof with the Grantor and shall continue in force and effect for a term of ten
(10) years cOlnnlencing on the date of the signing of this Agreement. This Agreement shall
automatically renew for one (1) additional one (1) year period, unless either party gives ninety
(90) days notice of intent to tenninate prior to the end of the ten (10) year term; provided,
however, that the City may not terminate this Agreement unless Grantee has substantially
breached a material provision hereof, which breach shall be governed by Section 8.
(B) Provided, however, that the Grantor or Grantee at any time during the term of this
Franchise may open applicable terms hereof for good faith renegotiation, except that
4
Ordinance 6479-00
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modifications to the franchise fee shall be governed by Section 6(A). The party seeking to
reopen the terms of the Franchise shall provide written notice of intent to do so to the other party.
Upon receipt of notice to reopen, the party receiving such notice shall be required to meet with
the other party to review the terms requested and to negotiate in good faith on such terms.
Negotiations on all reopened terms shall be concluded within a reasonable period of time, but in
any event shall be concluded within ninety (90) days after commencing. Neither party is excused
from compliance with the Franchise during any period of renegotiation or following such
renegotiations in the event that the parties do not agree on new terms. If parties fail to achieve a
mutually agreeable resolution, they reserve their rights to pursue any and all remedies available
at law, except as provided in this Section 5(B) or in Section 6(A), with respect to modifications
hereto. Neither the Grantor nor the Grantee shall be deemed to have waived any rights or
remedies at law by virtue of executing this Agreement.
SECTION 6. Pavment to Grantor.
(A) The Grantee shall pay to the Grantor monthly as a franchise fee under this
Franchise the sum of one percent (1 0/0) of the gross receipts of the Franchisee on Recurring Local
Service Revenues for services provided within the corporate limits of the City by the Grantee.
To the extent that any changes in State law permit a higher percentage or require a lower
percentage or require a broader or narrower base of services to be subject to franchise fees, the
percentage or base specified in this Franchise shall be automatically modified to the level
pelTIlitted by Law.
(B) Payment shall be made to the Grantor for each month no later than the thirtieth
(30th) day of the following month. The monthly payment shall be made by wire transfer for any
monthly payment that exceeds $2,000.00. Any monthly payment or any portion thereof received
thirty (30) days or more after the due date shall be subject to interest at the rate of 12% percent
per annum or the maximum amount allowed by law until all payments are paid in full.
(C) The Grantee will attach to each payment a statement of its gross receipts on
recurring local service revenues for the period on which such payment is based, signed by an
authorized representative of the Grantee, in such form and detail as the Grantor's auditor
reasonably may from time to time prescribe, sufficient to show the source and method of
computation of said gross receipts. The acceptance of any statement or payment shall not stop
the Grantor from asserting that the amount paid is not the amount due or from recovering any
deficit by any lawful proceeding, including interest to be applied at a rate equal to that provided
by statute for Florida circuit court judgments.
(0) The Grantee shall supply all accounts and records of the Grantee and/or all such
information that the Grantor or its said representative reasonably may from time to time request
or require which are necessary to detemline the correctness of such statement. Said records may
be inspected by the Grantor or its duly authorized representatives during normal business hours,
upon reasonable notice to the Grantee at the Grantee's local office in the Tampa Bay Area.
SECTION 7. Notice of Assignment.
5
Ordinance 6479-00
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(A) The rights and privileges granted by this Franchise shall not be sold, assigned,
transferred, leased or pledged in whole or in part without the express consent of the City
Commission in accordance with the City of Clearwater Code of Ordinances Section 32.035,
which shall not be unreasonably withheld. No such sale or transfer shall be effective until the
vendee, assignee or lessee has filed with the Grantor an instrwnent, duly executed, reciting the
fact of such sale, assignment or lease accepting the terms of the Franchise, and agreeing to
perform all the conditions thereof.
(B) Notwithstanding the foregoing, the Grantor acknowledges and agrees that Grantee
may assign or collaterally assign, in whole or in part, its rights, interests and obligations
hereunder without limitation to any of its affiliates, any party providing financing to Grantee, and
any successors and assigns of the foregoing without the consent of the Grantor. Grantee will
provide the Grantor with notice of any assignment. The Grantor agrees that the holder of any
security interest shall not be prevented or impeded by the Grantor from enforcing such security
interest and shall not terminate this Agreement without the prior written consent of the assignee.
The Grantor shall not unreasonably withhold consents to assignment and/or acknowledgments of
any security interest as are requested by Grantee to give effect to the foregoing. Such
acknowledgments may contain an agreement to allow the holder of such security interest to cure
defaults by Grantee under this Agreement and a consent to allow the assigmnent to the
successors-in-interest of the holder of such security interest.
SECTION 8. Ordinance Violations.
(A) Substantial Violations
Any substantial violation by the Grantee, its vendee, lessee or successor of the provisions
of this Franchise or any material portions thereof, may cause the Franchise and all rights
hereunder to be terminated and/or penalties to be imposed in accordance with the City of
Clearwater Code of Ordinances Section 32.038. After written notice to Grantee of a violation
and failure by Grantee to rectify the violation within a reasonable time, Grantor may terminate
the Franchise and/or assess a penalty. A reasonable period of time is defined as the period of
time required to rectify a violation assuming that the Grantee has commenced a good faith effort
to rectify such violation but under no circumstances shall be longer than thirty (30) days unless
the failure to cure the violation is due to circumstances beyond Grantee's control (such as an act
of God), or an inability to cure notwithstanding Grantee's diligent, good faith effort to do so.
(B) Penalties for Certain Non-Performance
In the event that certain events occur, penalties of $500 per occurrence may be imposed
by the Grantor. Listed below are certain requirements which, ifnot met by Grantee, may cause
Grantee to be subject to penalties:
(1) Upon Grantor's undertaking a utilities project and submission of plans or
drawings to Grantee for review and comment, Grantee shall respond to Grantor no
later than two weeks from the date of receipt of such plans to comment on the
feasibility and compatibility of such plans with the existing Telecommunications
Facilities.
6
Ordinance 6479-00
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(2) Telecommunications Facilities shall not be installed or placed without obtaining
all required permits.
(3) Grantee shall obtain Grantor's approval before Grantee undertakes any project
requiring the closing of streets or traffic lanes, except during emergency
situations.
(4) Grantee shall obtain permits from Grantor prior to the trimming and removal of
trees.
(5) Grantee shall obtain Grantor's approval before Grantee has displaced, damaged,
or destroyed any sewer or water main, storm water appurtenance, or other utility
belonging to Grantor.
(C) The Grantor shall enforce the foregoing provisions with respect to the assessment
of penalties in accordance with the Florida Administrative Procedure Act, Chapter 120 of the
Florida statutes.
SECTION 9. Grantor Rights in Franchise.
(A) Consistent with applicable Law, the right is hereby reserved to the Grantor to
adopt, in addition to the provisions herein contained and existing applicable ordinances, such
additional regulations as it shall find necessary in the exercise of its police power.
(B) The right is hereby reserved to the Grantor to purchase, in accordance with all
applicable tariff rates and terms, Telecommunications Services offered by Grantee within the
Franchise Area, to the extent that each service ordered is already available within the particular
sector of the Franchise Area for which the Grantor seeks to obtain the service. Nothing herein
shall be deemed to the contrary.
(C) At the expiration of the term for which this Franchise is granted, or upon its
termination, as provided for herein, the City shall have the right to require Grantee to remove, at
its own expense and with dispatch, all portions of its Telecommunications Facilities from the
City streets; provided, however, the Franchise may be renewed l.lpOn expiration so long as
Grantee is in substantial compliance with its provisions.
(D) If the City wishes, after the expiration of this Franchise, to purchase all or any part
of the property of Grantee's Telecommtmications Facilities operated within the City's municipal
boundary hereunder, at fair market value as a going concern, but with no value allocated to the
Franchise itself, it may give written notice of its election to the Grantee within sixty (60) days
prior to the expiration of the term hereof. If Grantee does II0t wish to convey its
Telecommunications Facilities to the City and does not seek renewal of the Franchise, Grantee
must remove its Telecommunications Facilities within one (1) year of the expiration of the
Franchise, or the City may remove them and Grantee will reimburse Grantor for all reasonable
and documented costs of removal.
7
Ordinance 6479-00
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(E) Inspection. The Grantor shall have the right to inspect in a reasonable manner all
construction and installation work to insure compliance with governing ordinances.
SECTION 10. Conditions on Street Occupancv.
(A) Use. Telecommunications Facilities erected by the Grantee within the Franchise
Area shall be so located as to cause minimum interference with the proper use of Rights-of-Way,
and to cause minimum interference with the rights of property owners who adjoin any of the said
Rights-of- Way.
(8) Restoration. In case of any disturbance of surface, base or landscape treatment of
Rights-of-Way or damages to Grantor's structures and facilities caused by the Grantee's
operations and activities, Grantee shall~ at its own cost and expense, replace and restore all
Rights-of-Way or Grantor's structures and facilities disturbed, to the same or better condition as
before said work was commenced and in accordance with City Code. However, should the
Grantee fail to commence restoration after fifteen (15) days notice, in writing, to said Grantee by
the Grantor, the Grantor may make such repair and restoration of the same and Grantee shall pay
reasonable and documented costs incurred by Grantor. Grantee shall warrant for one (1) year all
work done to repair Grantor's Rights-of-Way and other property during the term of this
Franchise. Upon detection by Grantee or upon request of the Grantor, Grantee shall at no cost to
the Grantor repair sunken patches, trenches or make other repairs that become necessary because
of excavation or other work done by the Grantee at any time during the term of the Franchise.
(C) Relocation. At any time during the period of this Franchise, if Grantor lawfully
elects to alter, or change the grade of any Rights-of-Way, or alter or move any structure or
facility of Grantor, it may require Grantee, upon reasonable notice by Grantor, to review, relay,
and relocate its poles, wires, cables, underground conduit and other Telecommunications
Facilities at it own expense, so long as Grantor requires same of all other similarly situated users
of the Rights-of-Way.
(D) Placement of Fixtures. Grantee shall not place poles or other fixtures where the
same will interfere with any water hydrant, water main, or sewage line, reclaimed water lines and
hydrants, traffic signal poles and facilities, storm drains and facilities, so long as Grantor requires
same of all other similarly situated users of the Rights-of-Way. All such poles or other fixtures
placed in any Right-of-Way shall be placed in such a manner as not to interfere with the usual
travel thereon.
(E) Unauthorized Installation. Except in an Emergency, any conduits, cables or pole
lines installed or placed without first having obtained the permits herein provided for shall be
moved within thirty (30) days after receipt of written notice by Grantor to remove the same. In
default of compliance with such notice, the conduits, cables, or poles may be removed by order
of the Department of Public Works of the City and the cost of removal shall be borne and paid by
the Grantee.
8
Ordinance 6479-00
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(F) Temporary Removal of Wire for Building Moving. Grantee, on the request of any
person holding a building permit issued by Grantor, shall temporarily raise or lower its wires to
permit the moving of buildings, so long as same is required of all other similarly situated users of
the Rights-of-Way. The expense of such temporary removal, raising or lowering of wires shall
be paid by the person requesting the same, and Grantee shall have the authority to require such
payment in advance. Grantee shall be given notice of not less than forty-eight (48) hours to set a
schedule for such temporary wire changes.
(G) Tree Trimming. Grantee shall have the authority to trim trees upon and
overhanging Rights-of- Way of Grantor so as to prevent the branches of such trees from coming
in contact with the wires and cables of Grantee, all trimming to be done pursuant to governing
laws and at the expense of Grantee.
(H) Underground Facilities.
(1) KMC shall place its Facilities underground on Guif-To-Bay Boufeyard and on any
... _,...t ........... ....._"'.,
other City street as may be subsequently required by the City's corridor or redevelopment
plans; provided, however, that all utilities located in areas in which the City shall require
facilities to be placed underground shall also be required to bury all fiber at the same time
and under the same terms and conditions.
(2) Replacement poles, underground cables or other Telecommunications Facilities
shall be placed between the property line and the curb line of all streets and avenues and
shall not be within the roadway recovery area. New underground cables, when it is
practicable to do so, and required of all similarly situated users of the Rights-of-Way,
shall have consistent alignment parallel with the edge of pavement, a thirty-six inch (36")
depth of cover for the paved portion of roadways, a twenty-four inch (24") to thirty inch
(30") depth of cover in all areas except the paved portion of roadways, and shall have a
two (2') foot horizontal clearance from other underground utilities and their appurtenance.
The lowest wire on any poles placed in any Right-of-Way used by vehicle traffic shall
not be less than eighteen (18') feet from the ground and, whenever Grantee's wires and
electric power wires cross each other, wires shall cross and be maintained in accordance
with the National Electrical Code.
(3) Within six (6) months of the effective date of this Franchise, the Grantee shall
present a facilities plan, which shall: (i) include a construction schedule; (ii) be
coordinated with the Grantor's construction programs to minimize impact on the
motoring public; (iii) be in compliance with Section 10(H) of this Franchise Ordinance;
and (iv) be acceptable to the City's Director of the Department of Public Works.
(4) Grantor agrees to be a member of the one-call toll-free telephone notification
system prescribed pursuant to Fla. Stat. Ann g556 (West 1997).
(I) Permits. No work shall be performed by Grantee, its subcontractors, contractors,
agents or authorized representatives to install, locate, relocate or maintain Grantee's
Telecommunications Facilities in, upon, along, across, above, over or under the Rights-of-Way
9
Ordinance 6479-00
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now laid out or dedicated, and all extensions thereof, without first obtaining a proper permit for
such work from Grantor, which permit shall not be withheld unreasonably or in a discriminatory
manner. To the extent required by law, Grantee and each of its subcontractors, contractors,
agents or authorized representatives must be licensed to perform their services in the Franchise
Area. Grantee assumes all responsibility for applicable permit(s), their reasonable and
nondiscriminatory requirements and conditions, including notification for inspection purposed,
and confom1ance to Grantor specifications. To the extent allowed by Law, all licensing fees are
applicable to Grantee.
(1) Right-of- Way Not Warranted. Grantor does not warrant any right, title or interest
of any Rights-of- \Vay in existence or hereafter acquired, used by Grantee or as may be used by
Grantee in the future.
(K) Inspection. The Grantor shall have the right to inspect all construction and
installation work to insure compliance with governing ordinances.
SECTION 11. Governing Law and Venue.
(A) Grantee shall, at all times during the life of this Franchise, be subject to all lawful
exercise of the police power by Grantor.
(B) The rights and privileges granted to Grantee by this Franchise shall at all times be
subordinate and inferior to the rights of the public in and to the ordinary use of Grantor's Rights-
of- Way, and nothing in this Franchise shall be considered as a surrender by Grantor of its right
and power to use and relocate its Rights-of-Way.
(C) The Franchise and rights herein granted are subject to the provisions of applicable
law.
(D) Venue. In the event that any legal proceeding is brought to enforce the terms of
this Franchise in a court of law, the same shall be brought in the State court in Pinellas County,
Florida or the United States District Court for the Middle District of Florida.
SECTION 12. Grantee Liability - Indemnification.
(A) The Grantee shall indemnify, defend (with counsel reasonably acceptable to the
City) and hold the Grantor and its officers, directors, agents, servants, employees, successor and
assigns harmless of and from any and all claims for personal injury, death or propeny damage,
any other losses, damages, charges or expenses, including reasonable attorney's fees, witness
fees, court costs and the reasonable value of any services rendered by any officer or employee of
the Grantor, and any orders, judgments or decrees which may be entered, which arise or are
alleged to have arist~n out of, in connection with, or attributable to, the Grantee's activities under
this Franchise and the placement, repair, relocation or removal by the Grantee of any portion of
the Telecommunications Facilities, except to the extent any losses arise from the willful
misconduct or negligent acts or omissions of the City, its officers, directors, agents, servants,
employees, successor and assigns. Grantee shall undertake at its own expense the defense of any
10
Ordinance 6479-00
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action which may be brought against the Grantor for damages, injunctive relief or for any other
cause of action arising or alleged to have arisen out of, in connection with or attributable to, the
foregoing; and, in the event any final judgment therein should be rendered against tile Grantor
resulting from the foregoing, the Grantee shall promptly pay the final judgment together with all
costs relating thereto; the Grantee being allowed, however, an appeal or appeals to the
appropriate court or courts from the judgment rendered in any such suit or action upon the filing
of such supersedeas bond as shall be required to prevent levy or judgment against the Grantor
during such appeal or appeals. Grantor shall notify Grantee's representative in City within ten
(10) days after presentation of any claim or demand, either by suit or otherwise, made against
Grantor on account of any breach as aforesaid on the part of Grantee.
(B) Grantee shall be responsible for reimbursing Grantor for damage to any of
Grantor's water lines, sewers and traffic light controls disturbed from the actions of Grantee, or
its representatives, in the constnlction, operation or maintenance of its facilities in the Franchise
Area, to the same or similar condition as before said work was comlTlenced and in accordance
with City of Clearwater Code.
(C) Insurance. Grantee shall maintain, and by its acceptance of this Franchise
specifically agrees that it will maintain throughout the terms of this Franchise, liability insurance
insuring the Grantee \\lith regard to all damages set forth in Paragraph 12(A) in the minimum
amounts of:
(i) $500,000 for bodily injury or death to a person, within the limit;
$1,000,000 for bodily injury or death resulting from anyone
accident.
(ii) $50,000 for property damage resulting from anyone accident.
(iii) $1,000,000 for all other types of liability.
CD) The Certificate of Insurance reflecting the above coverages and limits of liability, with Grant
named as an additional insured, shall be filed with and approved by the City Commission, and such proof of
insurance shall be filed and maintained with the City Clerk during the term of this Franchise.
SECTION 13. Severabilitv.
Should any section or provision of this Franchise or any portion thereof be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part
thereof: other than the part declared to be invalid. In the e vent of any such partial invalidity, the Grantor and
Grantee shall meet and negotiate in good faith in accordance with Section 5(B) to obtain a replacement
provision that is in compliance with the judicial authority's decision; provided, however, that to the extent th
declaration relates to franchise fees, the provisions in Section 6(A) shall apply.
SECTION 14. Records and Reports.
The following records and reports shall be filed with or available to or from Grantor:
11
Ordinance 6479-00
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(A) Grantee Rules and Regulations. Copies of such rules, regulations, terms and conditions adop
by Grantee that relate to Grantee's use of Grantor's Right-of-\Vay shall be available upon request by Grantor
(8) Audit Report. Grantee shall annually submit to Grantor a copy of its published Audit Report
upon request by Grantor.
(C) Accounting. Grantee will attach to each payment a statement of its monthly Recurring Local
Service Revenues by the period on which such payment is based, signed by an authorized representative of t
Grantee, in such reasonable form and detail as Grantor may from time to time prescribe, sufficient to show t
source and method of computation of said revenues. The acceptance of any statement or payment shall not
estop the Grantor from asserting that the amount paid is not the amount due or from recovering any deficit b
any lawful proceeding, including interest to be applied at a rate equal to that provided by statute for circuit c
judgments.
(D) Availability of Records. Grantee shall make available all relevant accounts and
records of the Grantee and/or all such information that the Grantor or its representatives may
from time to time reasonably request or require for the sole purpose of reviewing fees paid under
Section 6. Such financial records as are required under this Agreement hereof shall be kept and
maintained in accordance with generally accepted accounting principles. All of the said records
shall, on reasonable \vritten request of Grantor and subject to Section 14(E), be open for
examination and audit by Grantor and Grantor's External Auditors and their staff during ordinary
business hours, in the Tampa Bay Area Office of Grantee, and such records shall be retained by
Grantee for a minimum of five (5) years.
(E) Records and Reports - Audit. For the sole purpose of reviewing fees paid under
Section 6, Grantor may require an audit of Grantee's books at Grantor's expense once every five
(5) years during the term of this Ordinance. In the event any such audit identifies a five percent
(5%) or greater error on Grantee's part in failing to report the franchise revenue base for the audit
period, Grantee agrees to reimburse Grantor for its reasonable audit costs. Provided, however,
that such costs shall not have been incurred by Grantor as a result of any contingency fee
arrangement between Grantor and any third party auditor, that any such auditor shall meet all
legal qualifications to perform such audit, and that Grantee shall have the right upon request, to
review the contract between Grantor and any such auditor to confirm the foregoing. In the
further event the audit identifies errors which will require time for correction, such errors may be
projected into the future for a reasonable period of time to allow Grantee to correct same. At the
time of correction of the error(s), a true-up or comparison of the amounts paid as a result of any
projections shall be made and if such true-up results in the Grantee overpaying its franchise fee,
Grantor shall reimburse Grantee for said amount including interest at the rate of ten percent
(10%) per annum. If such true-up results in the Grantee underpaying its franchise fee, Grantee
shall pay said amount including interest at ten percent (100/0) per annum. Any underpayment or
overpayment as provided herein shall be paid within thirty (30) days after receipt of any demand
or invoice from Grantor or Grantee.
(F) To the extent permitted by law, all records and reports submitted by Grantee by
Grantor pursuant to the requirements of Section 14 shall be treated and maintained by Grantor as
12
Ordinance 6479-00
i :'
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the confidential business information of Grantee, and shall be protected from disclosure to any
third party.
(G) Underground Installation Records. Grantor may request, on a nondiscriminatory
basis under tenns applicable to all other similarly situated users of the Rights-of-Way that
Grantee provides Grantor records of its underground installation, on as built field ties (horizontal
and vertical) or on drawings provided by Grantor within thirty (30) days of Grantor's reasonable
request for such information, provided, however, that such request shall not be made sooner than
thirty (30) days following Grantees completion of construction of its initial Telecommunications
Facilities or any expansions thereof.
SECTION 15. Comnliance with Law.
Grantee shall maintain and operate its Telecommunications Facilities and render efficient service
in accordance with applicable Law.
SECTION 16. Grantor's Authority.
(A) Nothing in this Ordinance shall prevent Grantor from levying and collecting any
other taxes or fees as Grantor may from time to time be empowered, by Law, to levy and collect.
Such taxes and fees are not considered part of the franchise fees.
(B) Grantee shall not be excused from complying with any of the terms and
conditions of this Franchise by any failure of the Grantor, upon anyone or more occasions, to
require Grantee's performance or compliance with anyone or more of such terms or conditions.
SECTION 17. Ordinances in Conflict.
Notwithstanding anything contained in this Franchise to the contrary, in the event that (1) this
Franchise or any part hereof, (2) any procedure provided in the Franchise or (3) any
compensation due Grantor under this Franchise, becomes, or is declared or determined by final
judicial authority exercising its jurisdiction to be excessive, unenforceable, void, unlawful, in
whole or in part, Grantee and Grantor shall meet and negotiate in good faith in accordance with
Section 5(B), to obtain a new Franchise that is in compliance with the authority's decision or
enactml:nt; provided, however, that to the extent the declaration relates to franchise fees, the
provisions in Section 6(A) shall apply.
SECTION 18. Acceptance.
Grantee shall signify its acceptance of the Franchise terms in writing prior to City Commission's
approval of this Ordinance by filing such written acceptance with the City Clerk.
SECTION 19. Attorney's Fees and Expenses.
Except as otherwise provided for herein, Grantor and Grantee hereto agree that if litigation
becomes necessary to enforce any of the obligations, terms and conditions of this Franchise, the
13
Ordinance 6479-00
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prevailing party shall be entitled to recover reasonable attorney's fees and court costs, including
fees and costs on appeal, from the non-prevailing party.
SECTION 20. Notices.
Except in exigent circumstances, all notices by either Grantor or Grantee to the other shall be
made by either depositing such notice in the United States Mail, Certified Mail return receipt
requested, overnight delivery, or by facsimile. Any notice served by certified mail return receipt
shall be delivered five (5) days after the date of such deposit in the certified United States mail
unless otherwise provided. Any notice given by facsimile is deemed received by nex.t Business
Day. "Business Day" for purposes of this section shall mean Monday through Friday, with
Saturday, Sunday and Grantor and Grantee observed holidays excepted. All notices shall be
addressed as follows:
To Grantor:
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
With a copy to:
Pamela Akin, City Attorney
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
To Grantee:
KMC Telecom III, Inc.
1545 Rt. 206, Suite 300
Bedminster, New Jersey 07921
AnN: Mr. Michael Sternberg
President and CEO
\Vith a Copy to:
KMC Telecom III, Inc.
3025 Breckinridge Boulevard, Suite 170
Duluth, Georgia 30096
A TTN: Ms. Tricia Breckenridge
Executive Vice President, Business Development
Notice shall be given as required by this Franchise and for all other Emergencies. Notice shall be
provided to the above-named addressees unless directed otherwise in writing by Grantor or
14
Ordinance 6479-00
Grantee. Both parties have a duty to provide notice of any name or address change of the parties
to whom notice is required to be provided.
SECTION 21. Non-waiver Provision.
The failure of either party to insist in anyone or more instances upon the strict performance of
anyone or more of the terms of provisions of this Franchise, shall not be construed as a waiver or
relinquishment for the future of any such term or provision, and the same shall continue in full
force and effect. No waiver or relinquishment shall be deemed to have been made by either party
unless said waiver or relinquishment is in writing and signed by the parties.
SECTION 22. Effective Date.
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian 1. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
JJ as to form:
Pamela K. Akin
City Attorney
15
Ordinance 6479-00
. Item #30
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Worksesllon Item .:
Clearwater
City Com mission
Agenda
Cover Memorandum
Final AAenda Item .,
MeetlnA Date:
30
~
SUBJECT/RECOM M ENDA TlON:
AcknowledQe the Intent of the eRA to Accept the Proposal submitted by The Balk Company.
Inc., subject to negotist ions of a development agreement.
U and that the appropriate officials be authorized to execute same.
SUMMARY:
· In accordance with ES. 163.380(3), the CRA wishes to notify you of its intent to accept
the proposal submitted by The Balk Company, Inc., subject to negotiations of a development
agreem ent.
· This action does not constitute acceptance of the proposal.
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Belleair Brokers Inc.
re..
30
Decem ber 5. 1 999
Brian Aungst
Mayor - City of Clearwater
City Hall
112 S. Osceola Ave.
Clean-vater. FL 33758
Dear Mayor Aungst,
This letter is in response to Staff recommendation in regards to the Dimmitt Option Property that you
will be dedding the future of this week.
As you are aware there were two responses to the RFP/Q that the City of Clearwater released recently.
The two companies were Centex which is a $5.1 Billion publicly held Corporation that is the nations
second largest home builder, and the Balk Company which is a family operated Sarasota company.
We fully understand and respect the City's goal of making aggressive changes to the City's structure
and make-up that \vill have a major impact on the City's future for a long time to come. And we
respect the enormous responsibility you have been entrusted to make the correct decisions to ensure the
City's success.
We have followed this project for almost one year, and were in attendance at the final staff meetings
with both candidates and heard both presentations. With all due respect to the Staffs decision, we do
not understand the basis for their recommendation of the Balk Company over the Centex Corporation.
Centex is a publicly held multi-billion dollar corporation that builds hundreds of homes every year
throughout the Tampa Bay area. Currently, Centex has a number of 80+ townhome developments
under way that they could use for cross advertising of the Clearwater Project. Ccntex' s experience,
marketing strength, financial strength to survive economic instabilities. extensive supporting staff and
their overall desire to work with the City of Clearwater to develop a structurally sound and aesthetically
pleasing urban community truly places Centex second to none.
In sharp contrast, the Balk Company is a family run business with very limited financial ability that has
only fully developed a handful of units. As proclaimed by Mr. Balk himself during the meeting that
occurred on November 29.1 999, "What you see is what you get, I make all of the decisions and I sign
all of the checks." Granted, this structure may offer some time efficiencies, but it also places a huge
level of responsibility of the project's success or failure on the life and in the hands of one individual.
P.O. Box 514 · Indian Rocks Beach, Florida 33785 · (727) 461-S0LD (7653) · FAX: (727) 593-3926
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Belleair Brokers Inc.
,G 3()
Where will the City of Clearwater's project be if sometime during the 2-4 year course of the project
Mr. Balk was physically unable to operate at his current levels?
The Balk Company has done a nice job on their 1 I unit project in Sarasota, and we are sure the
aesthetics of that project had a emotional impact on the Staff.
However, the project the City is proposing is of a much greater magnitude, consisting of approximately
90-100 units and lasting 2-4 years depending on the economic ups and downs that may lie ahead.
Summarizing the four Staff proposal guidelines Centex appeared to be obviously the best choice.
Balk Centex
Development Proposal YES (Is flexible, will work with YES (Is flexible, will work with
City to build desired project) City to build desired project)
Development Qualifications NO (Has never developed project YES (Builds thousands of homes
of this magnitude) annually)
Economic Benefit YES (Project prices will be YES (Project prices will be deter-
det.ermined by market survey) -mined by market survey)
Financial Ability NO (Only has possible 1.2 private YES (Multi-billion dollar self
investor and $400,000 LOC) funded company)
Considering the magnitude of the project, the unknown future economic conditions and the never
ending conflict and criticism surrounding the current additions and improvements that the City of
Clearwater is undertaking, we trust the City will consider ALL of the qualifications and select the best
overall candidate for the project to minimize the risks and maximize the probability of future success
of the project and the City.
Thank you for your time and consideration in this matter.
;tC
-
Bruce Danielson and Eric Stober
P.O. Box 514 · Indian Rocks Beach, Florida 33785 · (727) 461-S0LD (7653) · FAX: (727) 593-3926
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Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
31
Meeting Date: 12/9/99
SUBJECT /RECOMMEN DATION:
Pass Ordinance 6480-00 on 1st reading amending the City Code of Ordinances and amending the City of
Clearwater Money Purchase Pension Plan document, to provide for loan provisions for plan participants
and that the appropriate officials be authorized to execute same.
SUMMARY:
Staff recommends the addition of loan prOVISions to the Money Purchase Pension Plan to allow
participants the option of taking loans from vested employer contributions.
These loans will be allowed for hardship or other specified financial situations only, as outlined in the plan
amendment. Situations covered include, but are not limited to, unreimbursed medical expenses of the
participant or the participant's immediate family, establishing or substantially rehabilitating the principal
residence of the participant, or paying for a college education (including graduate studies) for the
participants and/or his/her dependents.
Participants may receive one loan per calendar year, and may have only one outstanding loan at a time.
Loan maximums and repayment details are outlined in the amendment document.
The detailed amendment document will be on file at the City Clerk's Department.
Making this change will not incur any cost to the City.
Reviewed bYR-
Legal Info Svcs NA
Budget NA Public Works NA
Purchasing NA DCMlACM
Risk Mgmt NA Other NA
Originating Dept: .IJ iff'
Human Resources f"-(T '--
User Dept.
Costs
Total
Funding Source:
Capliallmprovement
Current Fiscal Year
Attachments
Operating
Other
Ordinance 6480-00
Appropriation Code:
o None
Rev. 2/98
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ORDINANCE NO. 6480-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CITY OF CLEARWATER MONEY
PURCHASE PENSION PLAN; AMENDING CHAPTER 2,
DIVISION 6, CODE OF ORDINANCES, BY ADDING
SUBDIVISION XIII, lOANS TO PARTICIPANTS; AND
AMENDING THE MONEY PURCHASE PLAN DOCUMENT BY
ADDING ARTICLE XIII TO THE END THEREOF TO PROVIDE
FOR PARTICIPANT LOANS FROM THE PLAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has established the City of Clearwater Money Purchase
Pension Plan (the IIPlantl), as subsequently amended; and
WHEREAS, the City is granted authority to amend the Plan; and
WHEREAS, the City has determined that it is in the best interest of participants to
further amend the Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Subdivision XIII, Code of Ordinances, is hereby added as follows:
Subdivision XIII. Loans to Participants
Sec. 5.510.20.
Availability of Loans.
(a) The Plan Administrator, in accordance with its uniform nondiscriminatory
policy, may direct the Trustee, upon application of a Participant who is actively
employed by the Employer, to make a loan to such Participant out of his vested
Accounts upon application of the Participant based upon the Participant's immediate and
heavy financial need (which shall be limited to the criteria set forth in paragraph (e)
below). Any such loan to a Participant shall be considered a Participant directed
investment under Subdivision XI and without limitation shall be subject to the provisions
of Subdivision XI.
(b) All loans must be requested in writing on an application approved by the
Plan Administrator and signed by the Participant. The Employer must review and
approve the application.
(c) The amount advanced, when added to the outstanding balance of all
other loans to the Participant from this Plan or any other qualified retirement plan
adopted by the Employer, may not exceed the lesser of:
1
Ordinance 6480-00
......7.'IA.:...'.'7;'" .';.....,to, ,I,.' "''\.'' ,',,',0., 1.1~'''\ ,1 ""~~.,"'I"
(1) $50,000, reduced by the excess, if any, of:
(A) the Participant's highest aggregate outstanding balance of
all loans from the Plan (or any other qualified retirement plan adopted by
the Participant's Employer) during the one (1) year period ending on the
day before the date on which the loan is made. over
(8) the aggregate outstanding balance of all loans from the Plan
(or any other qualified retirement plan adopted by the Participant's
Employer) on the date on which the loan is made; or
(2) 500/0 of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant shall be
$1,000.00.
(e) A loan will be authorized only in the event of an immediate and heavy
financial need. An immediate and heavy financial need shall be deemed to include
(1) expenses of medical care (as defined in Section 213(d) of the Code)
incurred by the Participant or his spouse or other dependents (as defined in Section 152
of the Code) or necessary for such persons to obtain such medical care,
(2) payments (other than mortgage payments) directly related to the
purchase of the Participant's principal residence.
(3) payment of tuition and related educational fees for the next 12
months of post-secondary education for the Participant or his spouse, children or other
dependents,
{4} payments necessary to prevent the eviction of the Participant from
his principal residence or the foreclosure on the mortgage of such residence, or
(5) such other events as may be prescribed by the Commissioner of
the Internal Revenue Service in revenue rulings, notices and other documents of
general applicability.
(f) A single loan may be outstanding at any time. After a loan has been fully
repaid. a new loan may not be made to the borrower for at least 30 days after the final
payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled to borrow
an amount that the Plan Administrator determines could not be adequately secured by
the portion of such Participant's Accounts that is permitted to be held as security
pursuant to applicable Department of Labor Regulations.
2
Ordinance 6480-00
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(h) Any out-of-pocket legal and administrative costs incurred by the Trustee
as a result of a loan, or application for a loan, shall be paid by the Participant who
received or applied for such loan.
Sec. 2.501.21. Time and Manner of Repayment.
Any loan made under this Subdivision XIII shall be repayable to the Trust at such
times and in such manner as may be provided by the Administrator, subject to the
following limitations:
(a) Each loan shall be secured by 50% of the vested interest of the
Participant in his Accounts. The Administrator shall not accept any other form of
security. Each Participant shall agree to have each required loan payment deducted
from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall provide for
substantially level amortization of principal and interest no less frequently than
quarterly. The interest rate charged shall be comparable to the rate charged by
commercial lending institutions in the region in which the Employer is located for
comparable loans as determined by the Plan Administrator at the time the loan is
approved.
(c) Each loan shall be repaid within a specified period of time. Such period
shall not be less than twelve (12) months, nor shall such period exceed five (5) years,
unless the loan is used to acquire the principal residence of the Participant.
Sec. 5.510.21. Default.
In the event of default, the Trustee, at the direction of the Administrator, may
proceed to collect said-loan with any legal remedy available, including reducing the
amount of any distribution permitted under Subdivision VIII by the amount of any such
loan that may be due and owing as of the date of distribution or any other action that
may be permitted by law. "Events of Default" shall include any failure to make a
payment of principal or interest attributable to the loan when due; failure to perform or
to comply with any obligations imposed by any agreement executed by the Borrower
securing his loan obligation; and any other conditions or requirements set forth within a
promissory note or security agreement that may be required in order to ensure that the
terms of the loan are consistent with commercially reasonable practices.
Section 2. The City of Clearwater hereby adopts the Fourth Amendment to the
City of Clearwater Money Purchase Pension Plan (the "Plantt) effective upon the
effective date of this ordinance, substantially in the form attached hereto as Exhibit A
and made a part hereof.
3
Ordinance 6480.00
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:.
~. Akin, City Attorney
Brian J. Aungst, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
4
Ordinance 6480-00
. . " ',' , . ' , ' ,v" " '''' I" "'" t', r . . ,
FOURTH AMENDMENT
TO THE
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
This Fourth Amendment to the City of Clearwater Money Purchase Pension Plan is
made and entered into this _ day of
, 1999, but is effective for all
purposes as of November 1, 1999, by the City of Clearwater (the "City").
WIT N E SSE T H:
WHEREAS, the City has previously adopted the City of Clearwater Money Purchase
Pension Plan (the UPlan"); and
WHEREAS, pursuant to the terms of the Plan the City is authorized and empowered
to amend the Plan; and
WHEREAS, the City deems it advisable and in the best interest of Participants to
amend the Plan.
NOW, THEREFORE, the Plan is hereby amended by the addition of a new article to
the end thereof, to read as follows:
ARTICLE XIII
Loans to Participants
13.1 Availability of Loans.
(a) The Plan Administrator, in accordance with its uniform
nondiscriminatory policy, may direct the Trustee, upon application of a Participant
who is actively employed by the Employer, to make a loan to such Participant out of
his vested Accounts upon application of the Participant based upon the Participant's
immediate and heavy financial need (which shall be limited to the criteria set forth in
paragraph (e) below). Any such loan to a Participant shall be considered a
Participant directed investment under Article XI and without limitation shall be
subject to the provisions of Article XI.
(b) All loans must be requested in writing on an application approved by
the Plan Administrator and signed by the Participant. The Employer must review
and approve the application.
EXHIBIT A
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FOURTH AMENDMENT TO
CiTY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page 2
(c) The amount advanced, when added to the outstanding balance of all
other loans to the Participant from this Plan or any other qualified retirement plan
adopted by the Employer, may not exceed the lesser of:
(1) $50,000, reduced by the excess, if any, of:
(A) the Participant's highest aggregate outstanding balance
of all loans from the Plan (or any other qualified retirement plan
adopted by the Participant's Employer) during the one (1) year period
ending on the day before the date on which the loan is made, over
(8) the aggregate outstanding balance of all loans from the
Plan (or any other qualified retirement plan adopted by the
Participant's Employer) on the date on which the loan is made; or
(2) 500/0 of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant shall be
$1,000.00.
( e) A loan will be authorized only in the event of an immediate and heavy
financial need. An immediate and heavy financial need shall be deemed to include
(1) expenses of medical care (as defined in Section 213(d) of the
Code) incurred by the Participant or his spouse or other
dependents (as defined in Section 152 of the Code) or necessary
for such persons to obtain such medical care,
(2) payments (other than mortgage payments) directly related to the
purchase of the Participant's principal residence,
(3) payment of tuition and related educational fees for the next 12
months of post-secondary education for the Participant or his
spouse, children or other dependents,
(4) payments necessary to prevent the eviction of the Participant
from his principal residence or the foreclosure on the mortgage of
such residence, or
(5) such other events as may be prescribed by the Commissioner of
the Internal Revenue Service in revenue rulings, notices and
other documents of general applicability.
(f) A single loan may be outstanding at any time. After a loan has been
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FOURTH AMENDMENT TO
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page 3
fully repaid, a new loan may not be made to the borrower for at least 30 days after
the final payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled to
borrow an amount that the Plan Administrator determines could not be adequately
secured by the portion of such Participant's Accounts that is permitted to be held as
security pursuant to applicable Department of Labor Regulations.
(h) Any out-of-pocket legal and administrative costs incurred by the
Trustee as a result of a loan, or application for a loan, shall be paid by the
Participant who received or applied for such loan.
13.2 Time and Manner of Repayment. Any loan made under this Article XIII
shall be repayable to the Trust at such times and in such manner as may be
provided by the Administrator, subject to the following limitations:
(a) Each loan shall be secured by 50% of the vested interest of the
Participant in his Accounts. The Administrator shall not accept any other form of
security. Each Participant shall agree to have each required loan payment
deducted from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall provide for
substantially level amortization of principal and interest no less frequently than
quarterly. The interest rate charged shall be comparable to the rate charged by
commercial lending ~~stitutions in the region in which the Employer is located for
comparable loans as determined by the Plan Administrator at the time the loan is
approved.
(c) Each loan shall be repaid within a specified period of time. Such
period shall not be less than twelve (12) months, nor shall such period exceed five
(5) years, unless the loan is used to acquire the principal residence of the
Participant.
13.3 Default. In the event of default, the Trustee, at the direction of the
Administrator, may proceed to collect said loan with any legal remedy available,
including reducing the amount of any distribution permitted under Article VIII by the
amount of any such loan that may be due and owing as of the date of distribution or
any other action that may be permitted by law. "Events of Default" shall include any
failure to make a payment of principal or interest attributable to the loan when due;
failure to perform or to comply with any obligations imposed by any agreement
executed by the Borrower securing his loan obligation; and any other conditions or
requirements set forth within a promissory note or security agreement that may be
required in order to ensure that the terms of the loan are consistent with
commercially reasonable practices.
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FOURTH AMENDMENT TO
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page 4
IN WITNESS WHEREOF, this Fourth Amendment has been entered into and is
effective as of the date first set forth above.
Countersigned:
Brian Aungst, Mayor-Commissioner
Approved as to form:
Pamela K. Akin, City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
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H(Z;L
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
3~
Meeti ng Date:
12/9/99
SUBJECT/RECOMMENDA liON:
Approve revisions to the City of Clearwater Employees' Pension Plan amending and deleting definitions
and amending benefits under the Plan, provide for a referendum election relating to the revisions, and pass
Ordinance No. 6494-00 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
During collective bargaining negotiations, City representatives met with representatives of a coalition of the
five unions to negotiate Pension Plan changes in concept.
The representatives agreed to three major changes. These changes are:
1) the addition of an automatic 1.5% cost of living allowance to the Pension Plan for all current and
future participants, beneficiaries, and survivors who have received at least six monthly benefit
payments on each April r' beginning with April!, 2000;
2) changing the "average monthly compensation" from the last five years to best five years; and
3) the addition of age 65 and at least ten years of service as a normal retirement age and the deletion of
this as an early retirement age.
The City's actuary provided an actuarial review regarding the Plan's funding impact and actuarial
soundness. On November 9, 1999, the proposed changes were presented to the Pension Advisory
Committee for review and recommendation. The COLA presented to the PAC was 1.50/0 on an ad hoc
basis not automatic. The recommendations were approved by a vote of four to two.
On November 18, 1999, the changes were presented to the Trustees of the Employees' Pension Plan. Staff
and Pension Counsel recommended an automatic COLA. The changes were approved by a vote of four to
one.
If Ordinance No. 6494-00 is passed by the City Commission, these changes will be presented to the citizens
of Clearwater at a referendum to be held on March 14,2000. If the referendum is approved, the changes to
the Pension Plan will become effective April 1, 2000.
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ORDINANCE NO. 6494-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE EMPLOYEES PENSION PLAN; AMENDING
SECTION 2.393, CODE OF ORDINANCES, TO AMEND OR DELETE
DEFINITIONS; AMENDING SECTION 2.397, CODE OF ORDINANCES,
TO AMEND BENEFITS UNDER THE PLAN; PROVIDING FOR A
REFERENDUM ELECTION RELATING TO THE PENSION PLAN;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.393, Code of Ordinances, is amended to read:
Sec. 2.393. Definitions.
* * * * * *
Average Monthly Compensation shall mean the monthly CompenEation of a
Particip:lnt ::lveraged ovor hic last 5 consecutive Ye::lm of Credited Sorvice. If a
Participant has 1066 than 5 consecutive Ye:lfs of Creditod Servico, his i\'Ierage Monthly
Compens::ltion will be based on his monthly Compens::ltion during his monthc of service
beginning 'lJith the date he commences participation in the Pl3n to his doto of
termination of employment. For purpose~ of determining :l Particip3nt's maximum
benefit as requirod by Section 115 of the Internal Revcnue Code, ::1 P:lrticipont's
"Aver::lgo Monthly Compcncation" shall m03n the Section 415 Compensation received
by 3 P::uticipant during the thrco (3) consecutive Limitation Yearfrwith recpect to wfl.isR
tho P3rticipant receives the highest Section 415 Compensation, divided by 36 (or, if
locs, the 3ggreg::1te number of his months of employment) one-twelfth of the average
Compensation of the 5 best years of the last 10 Years of Credited Service prior to
retirement. termination. or death. or the career averaQe as a full-time Participant.
whichever is greater. A year shall be 12 consecutive months.
* * * * * *
Compensation:
(1) Compensation shall mean the regular cal3ries, W:lgeE, overtime pay,
103'10 P3Y (except when paid in a lump sum upon retirement benefit), bonusec paid by
tho Employer (provided the Employee contribution rate ic ::1pplied thereto), Employee
6ontributions designated 3S Employer contributionE under Section 114(h) of the Intern31
Revenue Code, ::1nd employee s::1l3ry reduction contributions m3de pursuant to an
~rr3ngement dOEcribod in Soction 125 of the Internal Revenue Code, compens3tion
deferred under Scction 457(b) ef the Intornal Rovenue Code, indemnity bonefits
receivod pursu::1nt to the Workorc' Compensation L3W, incentive P:lY for polioe 3nd
f1rofighterE, 3Esignment pay, 3cting pay, :md Ehift differenti:ll P::1Y but sh~1I not include
clothing, C3r or me:ll allow3nccc, dis3bility p~ymentc, lump sum paymentE of ::lccrued
Ordinance 6494-00
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sick loave paid upon retirement, reloc3tien E))(pe:mG8 p::lyments, benefits under thic Plan,
any 3mount contributed to 3ny pension, employee welf::lro, Iifo insur::lnce or hS::llth
msur::lnce pl::ln or ::lrran~ent, er ::my other fringe benefitG, wolfare benefitE: or
Employor paid deforred compens::ltion the total compensation for services rendered to
the City as a Participant reportable on the Participant's W-2 form, including indemnity
benefits received pursuant to the workers' compensation law, plus all tax deferred. tax
sheltered, or tax exempt items of income derived from elective emplovee payroll
deductions or salary reductions. but excluding lump sum leave pay paid upon
retirement. lump sum payments of accrued sick leave paid upon retirement. pay for off~
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dutY;'employnie-rie clothing. car. or meal allowances. relocation expense payments,
benefits under this plan, any amount contributed to any pension, employee welfare, life
insurance or health insurance plan or arrangement, or any other fringe benefits, welfare
benefits. or employer Qaid deferred compensation. Compensation in excess of the
limitations set forth in Section 401 (a)(17) of the Code shall be disregarded. The
limitation on compensation for an "eligible employee" shall not be less than the amount
which was allowed to be taken into account hereunder as in effect on July 1, 1993.
"Eligible employee" is an individual who was a Participant before the first plan year
beginninQ after December 31. 1995.
* * * * * *
Early Retiromont Date chall me::m the d::lte on which ::l P3rticipant h::ls rO::lche4
tho ::lg8 of 65 >~rs ::lnd completed 10 Ye::lr5 of Credited Servico.
* * * * * *
Normal Retirement Date shall mean
(1) The earlier of:
a. the date on which a Participant has reached the age of 55
years and completed 20 Years of Credited Service,
b. the date on which a Participant has completed 30 Years of
Credited Service regardless of age,
c. the date on which a Participant has reached the age of 65
years and completed 10 Years of Credited Service, or
eg. the date on which a Participant has completed 20 Years of
Credited Service, which seNice is of a character or type of employment
that is described below as "hazardous duty" or that the Trustees have
designated as hazardous duty.
(2) For this purpose, a Participant's service shall be deemed "hazardous
duty" if the Participant is a full-time sworn police officer certified in
2
Ordinance No. 6494-00
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accordance with Section 943.1395, Florida Statutes, or a full-time
firefighter certified in accordance with Section 633.35, Florida Statutes,
and he is employed in police or fire positions as established by the
Employer.
Section 2. Section 2.397, Code of Ordinances, is amended to delete subsection
(b), to reletter the current subsections (c), (d) and (e) as subsections (b), (c) and (d),
respectively, to add a new subsection (f) and to reletter the current subsection (f) as (g)
as follows:
Sec. 2.391. Benefits under the plan.
* * * * * *
(b) Early Retirement Bonefit.
(1) A P3rticip::mt ch:J1I be entitled to retire from tho employ of his Employor
upon cuch P:uticip3nt'c Early Retiroment Date.
(2) Upon reaching his E3rly Retirement Date, the Participant ch311 bo fully
veGted in his /\corued Bonefit and sRall be entitled to receive, at the time 3nd in the
m3nner described in Section 2.308, hie early retirement benefit.
(3) J\ P3rticipant'e e::uly retiremont benefit shall be determined in :lccordance
with the provisionG of p::lr3graph (3) above, ::md the 3mount of such benefit shall be
reduced to tho Actu::ui::lI EquWalent of the benefit otherwfse payable undor par:.grapR
(a) 3bove.
(4) If:1 Participant cep3r3tes from service before satisfying the ~
requirement for o3rly !otirement, but hac €3tisfied the ~orvice requirement, the
Particip::.:mt will bo entitled to ::m e:lrly retirement benefit upon s3tisT3ction of such :lgs
requirement.
* * * * * *
ill. Cost-af-Living Adiustment.
Commencing on April 1. 2000, the monthly amount payable to all Participants.
beneficiaries and survivors who have received at least 6 monthly benefit payments as
of each April 1. shall receive an annual cost-of-Iivino adiustment on each April 1 equal
to 1.50/0.
* * * * * *
Section 3. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid,
the remainder of this ordinance and the application of such provision of this ordinance
or of such policy or order to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.
3
Ordinance No. 6494-00
.' '. ' , " . ' . I ',: ,I, / \\ ' , /, . )
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Section 4. A special election for the purpose of voting on this proposed
ordinance as set forth shall be conducted on March 14, 2000.
Section 5. The question to appear on the Referendum Ballot shall be as follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Fund be amended to:
provide for an annual cost of living adjustment of 1.50/0 for past and future
retirees; change the benefit calculation period to the highest five years of
the last ten years of pay; allow employees age 65 with 10 years of service
to retire with a normal benefit; revise the definition of compensation, all as
provided in Ordinance No. 6494-00?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 6. The funds contained in or authorized by the Pension Fund adopted
by Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the
contributions and disbursements authorized pursuant to this ordinance, and the rights,
duties and obligations provided in this ordinance shall apply to any fund subject to the
provisions of this ordinance; provided, however, that the preconditions set forth in
Section 7 relating to this ordinance becoming effective had been complied with.
Section 7. This ordinance shall take effect immediately upon adoption. The
amendments to the Pension Plan provided for herein shall take effect only upon
approval of a majority of the City electors voting at the referendum election on these
issues and upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
4 Ordinance No. 6494-00
._.
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. 'PI,
\
Clearwater City Commission
Agenda Gover Memorandum
Worksession Item #:
Final Agenda Item #. 3"'3
Meeting Date: J~' 9 . ii
SUBJECT/RECOMMENDATION: Approve a three month lease amendment and extension between the
Clearwater Golf Park, Inc. and the City for the operation of the Clearwater Golf Park,
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
. Clearwater Golf Park Inc. has operated the Golf Park since February 24, 1970. The current lease
expires on February 28, 2000.
. Staff is in the process of determining various alternatives for the long range future of the Golf Park
and Glen Oaks facilities and more time is needed to resolve issues surrounding both courses.
. Therefore, staff is recommending an extension of the current contract for an additional three months
until May 31, 2000. Rent for the extended period of time will be prorated based on the current lease
and will total $666.67. All other terms of the agreement will be the same.
. Staff will bring this item back to the City Commission prior to May 31, 2000 with a more permanent
proposal for the future of the course.
N/A
N/A
Originating Dept: ~
Parks & Recreation Department
User Dept.
Parks & Recreation Department
Attachments
Costs
Reviewed by:
Legal ~~ InfoSrvc
Budget ~ Public Works
Purchasing ~/A DCMlACM
RiskMgmt NI A QOL
--Total
N/A
Current FY
N/A
Funding Source:
CIP
OP
Other
a~l<"aH.
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code:
Rev. 2/98
t;;,
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~- _.
CCT-21-1~99 11::2
CITY ~TTO~NEY'SJFFICE 7275624021 0.02/132
LEASE AMENDl\fENT AND EXTENSION
THIS Lease Amendment and Extension, made and entered into this __ day of
t 1999, by <!nd betvveen CLEARWATER GOLF PARK, INC., a Florida
corporation, hereinafter referred to as "Lessee," and the CITY OF CLEARWATER.,
FLORIDA, a municipal corporation} hereinafter referred to as "Lessor";
WITNESSETH:
WHEREAS, Lessor and Lessee have entered into a Lease dated February 24, 1970;
an Amendment to Lease dated l\farch 6, 1974; and an Addendum to Lease dated
September 24} 1980~ and,
WHEREAS, the parties are desirous of e:\1ending the Lease from February 28. 2000
through !\1ay 31,2000, a period of three (3) months.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
I
agreements herein contained, the partie~ hereto mutually agree as follows:
1. The aforementioned Lease, as amended, is hereby extended through and
including !vlay 31, 2000. Rent for the extended period will be prorated based on the
aforementioned Lease and Amendments.
2. Except as amended hereby, all of the terms, covenants, conditions, and
provisions of the Lease. as amended. are hereby ratified and con finned and will remain in
full force and effect during the extended lease term.
IN \\TITNESS WHEREOF ~ the parties hereto have set their hands and seals the day
and year first 'written abo e.
CLEARWATER GOLF PARK
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Michael J. Roberto, City Manag~r
By:
Brian J. Aungst, .Mayor-Commissioner
Anest:
Approved as to form:
By
Cynthia E. Goudeau, City Clerk
John Carassas, Assistant City Attorney
H:oDA T A \A n'\J.l~NK,aou:p~.OEh~LEASE.^l'wfD
TOTAL F.02
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STEWART L. KRUG, P. A.
Attorney at Law
r~ 33
609 Court Street
Clearwater. Florida 33756
Telephone (727) 442.3900
Toll Free (877) 442.3900
Facsimile (727) 443.0097
December 8, 1999
COPlES TO:
COMMISSION
Mayor and City Commissioners
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33756
DEe 9 1999
PRESS
CLERK I ATTORNEY
Dear Mr. Mayor and Members of the Commission
This letter will confirm the fact that the Clearwater Group, consisting of Greg
McClimans, Spencer Wolf and Stewart L. Krug, will pay a rental of $3,000 per month to
the City of Clearwater for rental of the Airport Executive Golf Park for a period of thirty
(30) years. In addition to the payment of the above rental, the Clearwater Group plans to
expend such sums as are necessary to greatly improve the golf course facilities.
The Cleanvater Group is prepared to comrnence operation of the Golf Course on
February 24, 2000.
Sincerely,
Stewart L;;::l
SLK:nb
Bryan Aungst, Mayor, City of Clearwater
Bob Clark, Commissioner: City of Clearwater
Ed Harper, Commissioner, City of Clearwater
Ed Hart, Comnlissioner, City of Clearwater
J. B. Johnson, Commissioner, City of Clearwater
.''''''
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e7~:L
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
3t-f
J~ 'J.e-;j
Final Agenda Item #
SUB J ECT /RECOMM EN DA liON:
Ratify decision made on October 7, 1999 to provide $25,000 toward track improvements at Clearwater
High School and approve the funding source of unappropriated retained earnings of the general fund,
D and that the appropriate officials be authorized to execute same.
SUMMARY:
. For many years the City and Pinellas County School Board have shared facilities under a joint facility
use agreement.
. A community group spearheaded by Ed Wells and the Springtime Kiwanis Club has been soliciting
funds from private as well as community groups to install a state of the art synthetic track surface at
Clearwater High. The existing track was in a state of disrepair and needed to be replaced.
. The School Board contributed over $200,000 to replace the existing track by repairing subsurface
drainage issues, removing hazardous concrete walks & walls and providing a porous asphalt surface
that can be converted to the synthetic track surface.
. The synthetic track surface will cost approximately $270,000 of which $135,000 has been raised
from the community. Fund raising efforts are underway to obtain the remaining $135,000.
. In the past the City has contributed to track improvements at Clearwater High.
. The proposed surface will allow for MU sponsored races, masters races, and intramural races as
well as district and state high school meets. The professional surfacing will put Clearwater in a
position to get many of the most prestigious races in the State of Florida as well as provide a
professional track for daily use by the citizens of Clearwater.
. A first quarter budget amendment will provide funding for this agreement in the amount of $25,000
from unappropriated retained earnings of the general fund.
Submitted by:
City Manager
Printed on recycled paper
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation
Attachments
Costs
Reviewed by:
legal N/A Info Srvc N/A
Budget q Public Works N/A
Purchasing DCWACM
Risk Mgmt QOL oKrall
$25,000
Current FY
Funding Source:
CIP
OP
Other X
o None
A ro riation Code: 010-01601-561000-572-000
Rev. 2/98
... '
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Item #35
/(01)1
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p~~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
35
J d. ,9 .CJJ
final Agenda Item #
SUBJECT/RECO,\1MEN DATION:
Establish new non-resident fees for non-residents to participate at City recreation facilities and in City
recreation programs and activities; and pass Ordinance 6500-00 on first reading,
[KI and that the appropriate officials be authorized to execute same.
SUMMARY:
. On October 18, 1993 the City Commission approved a formula for the purpose of computing fees for
non-residents and established categories for non-residents. The formula adopted is as follows:
Department 0 & M Budget + Indirect Overhead - Budgeted Revenue = Subtotal
Population
. Subtotal + $5.00 Capital Recovery Component = Non-Resident Yearly Fee
. Non-resident fees were last increased in 1994. Since that time, the Parks and Recreation
Department's budgeted expenses and revenues have increased. Based on the formula, the
proposed fees included in the ordinance for non-residents are as follows:
IYpe of Fee (Cards)* Current Proposed**
Annual individual card $56.00 $70.00
Annual family card $140.00 $175.00
Single season sports fee $33.00 $37.00
*Annual Resident cards are $3.00 per person plus sales tax.
**Plus sales tax
Difference
$14.00
$35.00
$ 4.00
., If these fees are approved there will be an estimated net increase in revenue of between $10,000
and $13,000 du~ing FY 1999/2000.
. All other non-resident fee options and categories including tennis facilities, swimming pools,
program fees, clubs Le. Lawn Bowls, Shuffleboard & Horseshoe, and co-sponsored programs will
be evaluated over the next year as we develop the Parks and Recreation Master Plan. There will
be ample time for citizen input regarding these additional user fees and non-resident fees.
Reviewed bY~ Originating Dept:
legal Info Srvc NA Parks and Recreation
Budget ~ Public Works NA User Dept.
Purchasing A DCM! ACM Parks and Recreation
Risk Mgmt NA QOL ~ Attachments
Costs
Total
NA
Current fY
Funding Source:
CI
OP
Other
Suhmitted by:
City Manager
Printed on recyc
o None
A ro riation Code: revenue
Rev. 2198
. fe"
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ORDINANCE NO. 6500-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SCHEDULE OF FEES, RATES AND
CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS,
BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR
USE OF FACILITIES BY NONRESIDENTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater provides recreational facilities and programs
for the residents and taxpayers of the City; and
WHEREAS, the City Commission has determined that users of City recreational
facilities and programs who are not City taxpayers should pay a reasonable sum for the
use of such facilities and programs, as set forth herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to
read:
ARTICLE XI. PARKS, BEACHES, RECREA liON:
* * * * * *
Use of facilities by nonresidents (ch. 22):
(1) Effective January 20, 2000 Janu3ry 1, 1994, nonresidents who wish to use city
recreation facilities or programs may do so by paying one or more of the
following fees:
(a) Card options:
1. Annual individual fee, valid from January 1 through
December 31 (plus applicable sales tax) 70.00 56.00
2. Annual family fee, valid from January 1 through
December 31 (plus applicable sales tax) 175.00 140.00
Note: An individual card may be used only by the
person to whom it is issued. The family fee provides a
..
card for each family member residing at the
household.
Ordinance No. 6500-00
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(b) Options in lieu of nonresident card purchase:
1.
Daily guest fee at all tennis facilities
3.00
2. Admission fees for open swim programs only at all city swimming
pools:
a. Children 17 years of age and under:
i. Winter
ii. Summer
2.00
1.50
b. Adults 18 years of age and over:
i. Winter
ii. Summer
3.50
2.50..
3. Class/program fee plus 50 percent additional for activities offered
on a session basis.
4. Single season fee for adult athletic leagues, per person (plus
applicable sales tax) 37.00 33.00
5. Single admission fee (exception, city pools) plus an additional 25
percent.
6. Participant fees for activities/programs conducted by the recreation
department staff that are free to residents:
Where practicable, fees ITlay be charged to nonresident
participants.
7. In co-sponsoring programs where leadership is provided by noncity
employees:
a.
b.
c.
Participants of youth programs, per activity
Family participants of youth programs, 3 or more.
Participants of adult programs, per activity
10.00
25.00
20.00
8. Lawnbowls, shuffleboard and horseshoe clubs:
Per year for each club; due January 1 st of each year
100.00
(2) The criteria which establish the class of city residents for the purpose of the fees
above and Resolution No. 88 13 are:
Ordinance No. 6500-00
-2-
,....
.~
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city,
as evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties within the
incorporated boundaries of the city; or
(d) Persons who are employees of the city, their spouses and children who
live at home.
(3) In programs where rentals are charged, or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other
than Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~-s:>~
n Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6500-00
-3-
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,
ClealWater City CommIssIon
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # '3 0
Meeting Date: ~I
SUBJ ECT IRECOMMEN DA liON:
Pass Ordinance 6477-00 on first reading, repealing code section 2.665 (Division 6 Code of Ordinances)
which requires a reverter clause be placed on all City owned real property sold.
[J and that the appropriate officials be authorized to execute same.
SUMMARY:
Clearwater's Code of Ordinances, Division 6. Sale of Surplus Real Property, See 2.665. prohibits the sale of City
owned real property for uses which an ad valorem property tax exemption is available. The ordinance requires
that a reverter provision be placed in the deed of all property sold by the City. The reverter would cause the
property to automatically revert to the City if the property were used for a purpose for which an exemption is
available or if an ad valorem exemption were applied for,:,
· Two current requests cannot happen without the repeal of this ordinance: (1) Calvary Baptist Church would
like to exchange 5 acres of improved land on Drew Street which is connected to the new Eddie C. Moore
ballfields for 4.5 acres of city-owned land (Chesapeake Park) near their new site on McMullen Booth. The
benefit to the City would two new ballfields, which would be constructed using funds provided by Calvary
Baptist; the availability of additional ballfields near Eddie C. Moore for tournament play; and the convenience
in maintaining the park properties. (2) The City needs to exchange with the Clearwater Country Club
approximately one acre of country-club-owned land on which the gth green, fairway, and putting green are
constructed for one acre of city-owned land on which they can build a portion of their new clubhouse.
. Because open space/recreation land is involved, both of these items will go to referendum for voter approval
this summer if this ordinance is repealed.
" This ordinance has also prevented the City from selling or donating lots to projects such as Habitat for
Humanity.
Reviewed bY~
Legal Info Srvc x
Budget x Public Works x
Purchasing x DCMlACM
Risk Mgmt x Other
Originating Dept: QOL
k)f}-
User Dept. Parks/Recreation
L
Costs
Total 0
Current FY
Funding Source:
CI
OP
Other
Attachments
Repeal of ordinance
Submitted by:
City Manager
L-
~
None
A ro riation Code:
Printed on recycled paper
Rev. 2/98
..~.
" ' " , ' . "j: ".-:\_'\"'~~ -':., I~', '~.' :', " _ . :1.,.: '. \,' ,) ','
QDL \
ORDINANCE NO. 6477-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SALE OF CITY OWNED SURPLUS REAL
PROPERTY; REPEALING SECTION 2.665, CODE OF ORDINANCES,
SALE OF SURPLUS REAL PROPERTY (USE RESTRICTION; RIGHT
OF REVERTER.); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the use restriction and right of reverter relating to the sale of City owned
surplus real property is unreasonably restrictive and impairs the ability to achieve City objectives
and should be repealed.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sectiol1 2.665, Code of Ordinances, is hereby repealed in its entirety:
Sec. 2.665. Use restriction; right of reverter.
Whenever real property owned by the city and located within the city limits is sold, the
deed shall contain a use restriction, with a right of reverter to the city, providing in effect that the
grantee and all successors in title and interest to the grantee shall use the property for a
purpose or purposes for which ad valorem property tax exemption shall not be available or for
which ad valorem property tax exemptions shall not be applied for or granted, and that an
application for an ad valorem property tax exemption to the property appraiser of Pinellas
County shall cause the title to revert to the City of Clearwater automatically as of the date the
application is filed regardless of whether the application is ultimately granted or denied. The
restriction shall contain a covenant that each subsequent deed or other instrument of
conveyance shall contain the same restriction, with reverter to the city and not to any
intervening owner of the property. As an exception to the foregoing. real property of the city
may be sold to another governmental agency if a use restriction as described herein and right
of reverted to the city is imposed upon subsequent owners of the property by the deed from the
city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6477-00
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Q DL. l.-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
3'7
J~~9.crJ
Final Agenda Item #
SU 8J ECT/RECOMMEN DATION:
Pass Ordinance 6482-00 on first reading, placing a question regarding removal of the 60-year time
limitation on leases of city property, on a March 14, 2000, special election ballot.
n 2Ild that tne appropriate officials be authorized to execute same.
SUMMARY:
· The City Charter (Article II, Section 2.0 1(d) 5 (vii) states that II Municipal property declared surplus may be
leased for a term up to 30 years, provided, however, nothing herein shall preclude renewal of any lease for a
maximum of 30 years. Municipal property declared surplus may be leased for an initial period of time or a
renewal period exceeding 30 years, if approved at referendum, but not to exceed 60 years total. "
. The 1998 Charter review committee recommended removing the 30- and 60-year I imitation from the charter,
to allow the length of a lease to be negotiated by the Commission.
. The 1999 referendum question contained other issues in addition to the 60-year limitation and was defeated.
. The City has several leases that will not be able to be renewed unless this provision is changed. Clearwater
Country Club and South Beach Pavilion are two leases that will soon expire and will be limited by this
provi sian.
. Additionally, because of this charter provision, the Long Center lease requires a referendum to allow
completion of the lease term. If this amendment passes, the lease could be amended to remove the
requirement of a separate referendum.
Reviewed bYll!-
Legal Info Srvc x
Budget x Public Works x
Purchasing x DCMlACM
Risk Mgmt x Other x
Costs
Total 0
Current FY
Funding Source:
CI
or
Other
Attachments
Ordinance calling for
referendum
Submitted hy:
City Manager L-
Printed on recycled paper
~
None
Appro.priation Code:
Rev. 2/98
~;
- _..-:
. I, ", . , ' ',' ", ,j. I I . :',.,' . ... .. I, . -, . .
ORDINANCE NO. 6482-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01 (d) 5 (vii) REGARDING
LEASING OF SURPLUS MUNICIPAL REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Subsection (d) 5 (vii) of Section 2.01 of
the City Charter be amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
5. Real Property.
* * * * *
(vii) The commis&ion may lease municip31 real property for five yoar6 or 10&&
without docl3ring it surplu&. Municip31 ra:)1 property docl::lrod eurpluc may
be le3Eed for a term up to 30 years, pro'/idod, howe'Jar, nothing horein
shall preclude renewal of :Jny lease f{)r a maximum of 30 YO:::1rs. Municipal
property declared &urpkJs may be lo::med for an initbl poriod of timo or 3
feAovw'31 period exceoding 30 Y03rs, is approvod 3t referendum, but not to
excood 60 YO:lrs tot:.!. Leases of real property in an industrial park shall
provide for continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's investment, and shall
include a rent escalation clause.
Section 2. A referendum election is hereby called and will be held on March 14,
2000, at a special city election to be held in conjunction with the Presidential preference
primary; for the consideration of the voters of the City of Clearwater for the proposed
charter amendment. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the special municipal election scheduled for
March 14, 2000, shall be as follows:
Ordinance No. 6482-00
.,.' ':~
LEASE OF MUNICIPAL REAL PROPERTY
Shall Section 2.01(d) 5 (vii) of the City Charter be amended as provided in
Ordinance 6482-00 to remove the limitations on the number of years that
the City Commission may lease surplus municipal real property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 5. The City Clerk is directed to notify the PinelJas County Supervisor
of Elections that the referendum item provided above shall be considered at the special
election to be held on March 14,2000, to be held in conjunction with the Presidential
preference primary
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
Pam la K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
2 Ordinance No. 6482-00
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # 3K
Meeting Dale: 12/09/99
SUBJECT/RECOMMENDATION: Approve engineering services Work Order with Parsons Engineering Science,
Inc. for preliminary project development of the Pier 60 Parking Garage including preliminary financial analysis in
the amount of $185,200.00, (Phase IA) and, authorize a loan (bearing interest at the cash pool earnings rate) from
the consolidated cash pool to fund this expenditure until such time as the bonds are issued, or in the event that
bonds are not issued, to be repaid from the parking revenues over a 10 year period,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. On June 3, 1999, the Commission approved the recommendation to con.struct two (2) parking structures on
Clearwater Beach. Through our Master Plan and public meetings the locations of the parking structures have
been determined to be Pier 60 Plus and Pelican Walk.
o On August 19, 1999, the Commission approved staff ranking of the consultants with Parsons Engineering
Science, Inc., as the top ranked consultant.
. The overall project will be implemented in three (3) phases (1A at a cost of $185,200.00; IB at a cost of
$432,001.00; and II at a cost of $1,134,499.00 for a total of $1,751,700.00) from preliminary design through
final design with the Commission retaining the option to terminate the process at any point during each phase.
The Contract has been engineered to provide intense public involvement for both the City
Manager/Commission and public. At the City Manager's and Commission's discretion, monthly updates can be
made to keep all stakeholders abreast of the occurrences during the month.
. As discussed at prior meetings, the scope of services, including financial analysis for both parking sites and
preliminary and final engineering design for Pier 60 site only has been negotiated with Parson's Engineering
Science, Inc. and is available in the Clerk's office for review.
. The first phase, (fA), to be complete by March 2000 will include field surveys to determine the exact project
area, preliminary geotechnical investigation, refinement of commercial needs, preliminary financial feasibility
based on provided estimated costs of $18.4 million to $20 million, public meeting(s) and City Commission
presentation. This phase will provide a financial comfort level on which to base a decision to proceed.
continued:
Page2 continued:
Parson Engineering Science, Inc.
Rev2ewed by:
legal ~
Budget LY
Purchasing l/rn .1
Info Srvc
l.
OrigInating Dept:
Public Works Adm' . tration
User Dept.
Public Works
Admini trationl
Attachments
Costs $185,200.00
Total
Public Works
DCM/ACM
Current FY
Funding Source:
CI
Risk Mgmt
N/A
Other
OP
Other X
Submitted by:
City Manager
o None
Appropriation Code:
354-92639-561100-545-000
Rev. 2/98 Parson Eng. vices Parking Garage #2.glb
Printed on recycled paper
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· The second phase, (lB), to be finished by December 2000 is the preparation of a detailed development program
including, project administration, project management, traffic study, preliminary financial feasibility analysis,
architectural and civil schematics, landscape schematics, preliminary cost estimates, preparation of news
releases, conducting stakeholder and City staff meetings, permitting initiations, presentations.
· The third phase, (11), to be finished by May 2001 is the actual detailed design of the facility and will include:
project administration, project management, traffic analysis, functional layout, final financial feasibility, utility
survey, property survey, geotechnical investigation, final architectural design, final civil design and construction
contract preparation.
. This project will be funded by a loan from the consolidated cash pool (bearing interest at the cash pool rate)
until such time as bonds are issued. Bonds generating sufficient construction proceeds are expected to be
issued to fund the design and construction of one or more parking garages. These bonds will be repaid from
parking revenues. In the event that bonds are not issued, this loan will be repaid over 10 years from parking
revenues.
2
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
PARSONS ENGINEERING SCIENCE, INC.
Date: October 12, 1999
City Project No.
Parsons ES Project No.
1. PROJECT TITLE: Clearwater Beach & Pelican Walk Parking Garage
2. SCOPE OF WORK:
Parsons Engineering Science (parsons ES) will act as the prime engineering frrm
for the project team of qualified and specialized design professionals to prepare a
preliminary design and report and prepare final construction documents including
permits for the Clearwater BeachlPier 60 Parking Garage in the city of
Clearwater.
Parsons Transportation Group (pTG) will, in addition to providing the overall
project manager, perform the initial traffic study, develop the functional layout of
the parking garage, and perform the preliminary and final financial feasibility
analysis necessary for the bond issue.
Hellmuth. Obata & Kassabaum. Inc. (HOK) will do all the architectural design
include predesign; development of alternative design concepts~ will coordinate the
mechanical, electrical and plumbing, and will also develop the
landscapelstreetscape schematics as well as the presentation material for the P.I.
program.
Walter P. Moore will do all the structural design for the parking garage.
George F. Young (GFY) will perform all the surveying work on the project
including property surveys, underground utility surveys, share some of the
landscapelstreetscape and civil design the HOK and Parsons ES, respectively.
Tucker Hall (TH) will provide all the public information Ipublic relations program
including development of the list of relevant stakeholders, media relations, news
releases and the conducting of the public meeting with stakeholders and City
staff.
Page ]
Driggers Engineering Services (DES) will perform all the geotechnical
investigations including subsurface soil conditions and will prepare a
comprehensive geotechnical report.
. , I ," , ' ~ ' ,. , . ~, ' r . , ,~ ;' ,
Siemon & Larson will provide coordination and participation in the creative
concepts to ensure that the overall design approach reflects the design and
redevelopment considerations currently involved in the downtown and on the
beach.
Scopes of Services from each firm are attached:
Exhibit A - Parsons Engineering Science, Inc.
Exhibit B - Parsons Transportation Group, Inc.
Exhibit C - Hellmuth, Obata & Kassabaum, Inc.
Exhibit D - Walter P. Moore & Associates
Exhibit E - George F. Young, Inc.
Exhibit F - Tucker Hall
Exhibit G - Driggers Engineering Services
Exhibit H - Siemon & Larson
3. PROJECT GOALS:
Design and permit an approximately 1300 space parking garage at Pier 60.
Evaluate the financial feasibility of this garage together with a potential GOO space
parking garage at Pelican \Valk, including a traffic study, landscape & streetscape,
public information/involvement program to ensure an aesthetically pleasing and
publicly acceptable parking garage.
4. BUDGET:
Phase IA - Project Development - $185,200
Phase m - Preliminary Engineering Design - $432,001
Phase II - Final Engineering Design - $1,134,499
Total Budget:
$1,751,700
Construction services will not commence until separately authorized by the City.
5. SCHEDULE:
Complete Phase IA - 3/9/2000.
Complete Phase m - 12/4/2000
Complete Phase II - 5/4/2001
6. CORRESPONDENCEIREPORTING PROCEDURES:
All Parsons ES project correspondence shall be directed to Mahshid Arasteh, P .E.,
with copies to Glen Bahnick and others as may be appropriate. All City
correspondence shall be directed to John Hendrickson with copies to others as
may be appropriate.
Page 2
';J:.
7. INVOICINGIFUNDING PROCEDURES:
Invoices shall be submitted monthly to Marty Pages for work p~rformed.
Invoices will be prepared according to Billing Method B, with services billed
Lump Sum by task.
City Invoicing Code:
8. SPECIAL CONSIDERATIONS:
None
9. PROJECT CO:MPLETION REPORT:
May 4, 2001
10. OTIIER
This work order only authorizes Phase IA for $ 185,200.
PREPARED BY:
CITY
Mahshid Arasteh, P.E.
Director of Engineering
Page 3
Parsons ES
Michael A. Sweet
Vice President
erN
,
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # 3CJ
Meeting Date:
-\ ~ . 9-:-:l'7
SU OJECT IRECOMMEN DATION:
Adopt Resolution 99-46 establishing the intent to reimburse certain beach parking garage project
costs incurred with proceeds of future tax-exempt financing,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· On June 3, 1999, the City Commission approved the Pier 60 Plus and Pelican Wall< options as the
preferred sites for development of two parking garages at the beach and authorized Public Works
Administration to move forward with detailed engineering (Project Development & Environmental) and
financial analysis.
· The City will incur expenses while moving forward on these two parking garages.
· This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds.
Reviewed by k- Originating Dept: Costs
Legal Info Srvc N/A Financial Services \...1nl Total
Budget ~ Public Works N/A User Dept. Funding Source:
Purchasing N/A DCMlACM Public Works Current FY CI
Risk Mgmt N/A Other N/A Attachments U OP
Resolution 99-46 Other
Submitted by: iL-- -- o None
City Manager A ro riation Code:
Printed on recycled paper Rev. 2/98
;.~t
{, ," . , ". \, ~ " , '., ,... , " " '" ' ,,' . , I !,
RESOLUTION NO. 99-46
A RESOLUTION OF THE CITY OF CLEAR WATER, FLORIDA
ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE
T.AX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTNE DATE.
WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has
determined that the need exists to construct certain capital improvements consisting of off-street
parking garages on Clearwater Beach, together with engineering work regarding the parking
facilities (collectively, the "Project");
NOW, THEREFORE, BE IT RESOL YED 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. DECLARA lION OF INTENT. The Issuer hereby expresses its intention to
be reinlbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by
the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer
expects to use funds on deposit in its parking system enterprise funds and/or funds legally available
to pay a portion of the cost of the Project. 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 $30 million. This Resolution is intended to constitute a "declaration of official intent" within
the meaning of Section 1.150-2 of the Income Tax Regulations.
j.'
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SECTION 3. SEVERABILITY. Ifany one 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 other
provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal
or invalid provision had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict
herewith to the extent of such conflicts, are hereby superseded and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this
day of
, 1999.
Brian J. Aungst
Mayor-Commissioner
as to fonn:
Attest:
Cynthia E. Goudeau
City Clerk
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o
Interoffice Correspondence Sheet
'. To:
From:
CC:
Date:
RE:
Mayor and Commissioners
Cyndie Goudeau, City Cler@
Michael J. Roberto, City Manager; Bill Horne, Assistant City Manager
November 30, 1999
Library Board
The Library Board currently has 3 vacancies. However, on November 19, 1999 the
Library Board recommended the membership be reduced from 9 to 7. If the Commission concurs
with this recommendation only one appointment should be made at this time. An ordinance will
be brought forward officially redUcing the number of members at the January 20, 2000 meeting.
\'"
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c\K
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING
December 9, 1999
APPOINTMENT~ Agenda ,Llo
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 9
CHAIRPERSON: Judy Melges
MEETING DATES: 3rd Fri., 10:30 am
PLACE: Library Conference Room
APPTS. NEEDED:~ -1-
DATE APPTS TO BE MADE: 12/9/99
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 reappointment
1. Vacant Seat - Christine Morris resigned
2. Estelle Dunn - ending 2nd term 12/31/99
3. William Raffaniello - ending 2nd term 12/31/99
those appointed will begin term 1/1/2000 with term to 12/31/2003
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
Name-Address Comments-Related Experience,Etc.
1. Jan Regulski Retired
1045 Chinaberry Rd., 33764
2. Suzanna Sudalnik Editor for The Literary Line
830 Harbor Island, 33767
3. Clorinda (Cookie). Gilreath past member Historic Preservation Board
1709 Sunset Dr., 33755
4. Rhonda Smith Image Consultant
3235 San Bernadino St., 33759
5. Frederick Dunn Retired Management Consultant
1881 N. Hercules Ave.,#1302,33765
Zipcodes of current members on board:
1 at 33759
3 at 33761 (1 is Mr. Raffaniello)
2 at 33765 (1 is Ms. Dunn)
2 at 33767
1 vacant
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CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS
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See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue . R Jit eEl
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"ITV CLERK D~pr.
Name SUk-ANNA
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
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Home Address:
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Signed Date: .r__....r v-...,- f
Please see attached list for Boards that require Financial Disclosure at the time of
appointment. PLEASE RETURN THIS FORrv1 TO: City Clerk's Department P.O. Box 4748
Clearwater, Fl 34618
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Additional Comments:
Signed: ~~ ~. th~--L
Date:
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See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
~~CEIVED
APR 09 1999
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OCT-Z?-l~ 13:52
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:~~Q .5 r:a " th
Home AddrsS8: Office Address:
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Additional Comments:
Signed:
Date:
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See attach list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
CilyClerk's Department, P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd
Floor. 112 s. Osceola Avenue
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NOV 04 1999
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P.04/04
BOARD QUESTIONNAIRE
1. Whit la your understanding of the board'. dutlea and rnponaibllltlGI?
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2. HtJve you ever observad B board meeting either in person or on C-View, the
City's TV station?
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3. What background and/or quaJifice1ions do you have that you feel would Qualify
you to serve on this Board?
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4. Why do you want to serve on this Board?
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CI1Y OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: r;Z2 e- Z) € 7< /c: /~
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Home Address:
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How long a resident of Clearwater? 02 r V C):1 R 5
Occupation#r: ~!'~~ T ~t?IU.ff..' Employer:'-
Field of Education: Other Work Experience:
2? d. ~/';vDU~JAL. ~AJ6/l10 .0//2- P/~rd/Bdr/J!)pJ-~~ ~~~~
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Community Activities: ~PGL. I A '- /.ll-r"t9L6-Gr C::~Oo4 ~p /9.f)e /2- / /6J/J4.P/1
f!3)Ay c7C/tl4PUT~ .:::S"CPC/6TY.
Other Interests: CtO.A? PVrt5'~S
Board Service (current and past):
L/8/2..4/2. Y ;3ot:1t4D r~. t9.'?
Office Address:
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Zip
Board Preference:
~/7:?,gARY ~C7,4~P
Additional Comments:
Sig~~d~
Date: / /-/~~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 9k~~\~ "Jihll, 2nd'
Floor, 112 S. Osceola Avenue 'R ,,". _J ~
NO\( 1 9 1999
crrv CL'CRK O~PT.
BOARD QUESTIONNAIRE
Applicant's Name:- -1-7< G= pe:: 7? ('~,k:. 2J (/ AJ,U
Name of Board Applying For: ~ /8 fi?. A R~ r-;?3 t? A.72 D
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
YCc<)
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
/ tffe/2//t::= ZJ ~fi.} T;L/'c A-/8A/9RY BcJr9RD
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4. Why do you want to serve on this Board?
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~ Clearwater
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I nterofficc COlTespolldctl(~c Sheet
TO:
MAYOR AUNGST AND COMMISSIONERS
CITY OF CLEARWATER CITY COMMISSION
FROM:
RALPH STONE, PLANNING DIRECTOR
RE:
PROPOSED CITY OF LARGO ANNEXATION
DATE:
NOVEMBER 29, 1999
1 am wntmg to provide you with background information regarding the City of
Clearwater's annexation policies as they relate to the proposed City of Largo annexation on the
north side of BeIleair Road. The City of Largo proposes to annex approximately 14.2 acres
located at the northwest corner of Belleair Road and Belcher Road. The City of Largo has
scheduled public hearings on December 7, 1999 and January 4, 2000 to consider this matter.
As you are aware, the City of Clearwater has an interlocal agreement with Pinellas
County which was approved on January 14, 1992. The agreement established a formal
Clearwater planning area according to a map and legal description and granted Clearwater the
ability to plan for all propelty within the planning area, whether or not specificalIy in the city
boundaries (Copy of Planning Area Map attached). In addition, the agreement allows a
simplified process for voluntary annexation applications that are 10 acres or less in size. The
simplified process eliminates the Pinellas Planning Council and Countywide Planning Agency
review if the property is annexed into the City with no change to the plan category as on the
Countywide Plan. The City of Cleal\vater has honored the inter/ocal agreement through
planning for all property in its planning area and pursuing annexations of properties only when
located within the planning area.
The City of Largo's proposed annexation is clearly within the City of Clearwater's
planning area as Belleair Road is the southern boundary of Clearwater's planning area. The
proposed annexation can currently be served by the City of Clearwater water and sewer services.
The Planning Department believes that this proposed annexation is inconsistent with the City's
approved planning area and is in direct conflict with the planning area concept to promote long
range, consistent, non-duplicative provision of services in this very urbanized county. The City
Manager and I have met with David Healey, Executive Director of the Pinellas Planning Council
and expressed our concerns about this proposed annexation. Mr. Healey also expressed grave
,-,-,
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concerns regarding the inconsistency of the proposed Largo annexation with Clearwater's
planning area agreement and with sound planning principles.
The Planning Department recommends that the City Commission approve a resolution
opposing the proposed City of Largo annexation for the reasons cited above. Further, we
recommend that the Commission authorize the City staff to express these concerns at the public
hearings to be held by the City of Largo and in subsequent hearings with the Pinellas Planning
Council and Countywide Planning Authority.
I will be available at the work session to answer any questions that you may have. Thank
you for your consideration of this matter.
Attachments:
City of Clearwater Planning Area Map (from lnterlocal Agreement)
City of Largo Staff Report on the Belleair Road Annexation
cc: Michael Roberto, City Manager
John Asmar, Planning and Development Services Administrator
Richard Baier, Public Works Administrator
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City of Largo, Rorida
Post Office Box 296, largo, Florida 33779-0296
-
Community Development Department
Richard P. Goss, A.l.e.p.. Director
Administration (727) 587-6749
Licenses/Permits (727) 587-6712
Inspections (727) 587-6711
FAX (727) 587.6765
November 15. 1999 .
Mr. David P. Healey. AICP, Executive Director
Pinellas Planning Council
600 Cleveland Street. Ste 850
Clearwater, FL 33755-4160
Re: Proposed annexation by the City of Largo
Case no. AS-45.99: Jurg Weiss property
Dear Mr. Healey:
Please be advised that the City of Largo will be annexing the above referenced property pursuant to Chapter 171.
Florida Statutes. For each property which is ten acres or more in area (excluding right-of-way). the PPC's
Municipal Annexation Review form has also been completed and enclosed.
Public rneetingslhearings for this annexation are scheduled before the Largo City Commission on December 07.
1999. and January 04. 2000.
The proposed annexation is consistent with applicable Comprehensive Plan policies, and all necessary municipal
services are available to serve existing development.
If an annexed property is identified as a nonconfonning use with respect to either PinelIas County or City of Largo
land use regulations. the annexation ordinance will ensure the property owner's right to maintain its existing legal.
nonconforming use status.
If you need any further information, please feel free to contact me at 587-6749.
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Richard P. Go's, AICP
Director
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enclosures
lhomeJcomdev/dev _services/annex/1999/A5_ 45_99/PPC_anx_ltr
MUNICIPAL ANNEXATION REVIEW
PPC ANNEXATION NO.:
CITY:
GENERAL LOCATION:
REVIEW COMMENTS:
A5-45-99
Largo
ACREAGE:
14.2453 acres, m.o.1.
Northwest corner of Belleair Road and Belcher Road.
1. CONTIGUITY: The property is contiguous along its south side to the existing
City boundary, making the property legally eligible for annexation.
2. ENCLAVE:
The property is not part of an enclave; nor does the annexation
of this property create an enclave.
3. WATER:
Formal concurrency approval for water service capacity will be
required as part of the site plan review process for any future
development of this property.
The property is adjacent to the City of Largo Sewer District. As
a part of the annexation agreement, the City has agreed to
"construct a lateral sewer line on Belleair Road to the
PROPERTY in order to provide sanitary service to the
PROPERTY line.1I
4. SEWER:
5. SOUD WASTE: The property currently contracts with private" solid waste
collectors. Upon annexation, private collection could continue until
such time as the contract between the property owner and the
private collector terminates. At that time, the City of Largo would
initiate solid waste collection service.
9. E.M.S.:
EMS service is provided to this property through the countywide
EMS system.
6. TRANSPORTATION: The property is located on the northwest corner of Belleair
Road and Belcher Road and formal concurrency approval
for traffic impacts will be required as part of the site plan
review process for any future development of this property.
7. POLICE:
Upon annexation, the City of Largo Police Department will serve
the property in place of the Pinellas County Sheriff's Office.
8. FIRE:
The property is adjacent to the Largo Fire District. Upon
annexation, City of Largo Fire Rescue would provide fire and
rescue services.
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10. RECREATION
FACILITIES: Annexation into the City of Largo would present recreational
opportunities at reduced cost to the residents of the property. As
residents of the City of Largo, all persons can enjoy the programs
offered through the Recreation and Parks Department at in-City
rates.
11. LIBRARIES: The Largo Library is a member of the Pinellas County
Cooperative and, therefore, it is open and available to all persons
living within Pinellas County regardless of the location of their
residence.
12. OTHER COMMENTS: None.
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Case: -A5 - 45 - 99
Subject: Jurg Weiss Annexation_
Location: 2140 Belleair Road
242M5COOOCY4400600 and 8-O-W
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Subject Property
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Largo City Limits
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
TO:
FROM:
Honorable Mayor and City Commissioners
Pamela K. Akin~ Attorney .
SUBJECT:
Property Owned by Espana Business Center,
a Florida general partnership
DATE:
November 18,1999
Resolution No. 99-51 was prepared in order to release any rights to repurchase that the
City of Clearwater may have in certain real property owned by Espana Business
Center, a Florida general partnership.
The City of Clearwater sold the real property to George Hunt, Inc. 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. The real property has been
transferred to Espana Business Center, a Florida general partnership and has been
developed for industrial purposes. As a result Espana Business Center is now
requesting that the City formally release its right to repurchase their property, but all
other Protective Covenants will remain in full force and effect.
PKAlgrh
Copy to:
Michael J. Roberto, City Manager
RESOLUTION NO. 99-51
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RELEASING ITS RIGHT TO REPURCHASE REAL
PROPERTY OWNED BY ESPANA BUSINESS CENTER, A
FLORIDA GENERAL PARTNERSHIP LOCATED IN
CLEARWATER INDUSTRIAL PARK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater transferred real property with certain
protective covenants in Clearwater Industrial Park, which is legally described in Exhibit
"A", to George Hunt, Inc. and which was subsequently transferred to the current owner,
Espana Business Center, a Florida general partnership. The Protective Covenants
included the right of the City to repurchase the real property if the real property was not
developed for industrial purposes, and the right of the City to repurchase the real
property where construction had taken place and an election has been made to sell any
remaining unimproved portion of the real property.
WHEREAS, the City of Clearwater agrees to release its rights to repurchase said
real property because the owner has fully 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
CITY OF CLEARWATER, FLORIDA:
Section 1. Espana Business Center, a Florida general partnership is the owner
of real property described in Exhibit "A". The real property described in Exhibit "A" is
subject to the terms and conditions of the Protective Covenants of the Clearwater
Industrial Park dated June 10, 1957, recorded June 18, 1957 in O.R. Book 115, Page
347 and amended by that certain Amendment to Protective Covenants of the
Clearwater Industrial Park dated September 9, 1957 and recorded in O.R. Book 169,
Page 542 and further amended by that certain Amendment to Protective Covenants of
the Clearwater Industrial Park dated August 19, 1959 and recorded August 25, 1959 in
O.R. Book 680, Page 63, all of the 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 any and
all of its rights up to repurchase the real property described in Exhibit "A" found in those
Protective Covenants of Clearwater Industrial Park recorded in O.R. Book 115,
beginning at Page 347, and as amended in G.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.
Resolution No. 99-51
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Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
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- 0 ~ Carassas
Assistant City Attorney
2
day of
Brian J. Aungst
Mayor-Commissioner
Attest:
.~
Cynthia E. Goudeau
City Clerk
,1999.
Resolution No. 99-51
. " .\" i" I . 1 .
EXHIBIT "A II
The land is described as follows:
A portion of Lot 14, CLEARWATER INDUSTRIAL PARK, as recorded in Plat Book 44,
Page 46, of the Public Records of Pinellas County, Florida, more particularly described
as follows:
From the Southeast corner of Lot 14. CLEARWATER INDUSTRIAL PARK, as recorded
in Plat Book 44, Page 46, of the Public Records of Pine lias County, Florida, as a Point
of Reference, said Point also being on the Westerly right-of-way line of Belcher Road;
thence North 00004'51" West, 583.68 feet to the Point of Beginning; thence leaving said
line North 89025'56" West, 265.00 feet; thence North 00004'51" West, 300.00 feet to a
point on the South line of Logan Street (a 60' right-at-way); thence South 89025'56' East
along said line, 265.00 teet to a point of intersection with aforementioned West right-of-
way line of Belcher Road; thence South 00004'51" East along said fine 300.00 feet to
the Point of Beginning.
3
Resolution No. 99.51
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Preliminary Agenda
(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Monday, December 6, 199'9
following closed bargaining session beginning at 9:00 A.M.
Service Awards
Employee of the Month - 11/99 - Marcia Charlton - Marine Department
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: 11/15/99
3. Accept recommendation of Staff Selection Committee to accept the proposal submitted by The
Balk Company (Developer): authorize staff to negotiate a Development Agreement between the
Developer and the CRA
4. Authorize notification by the eRA to the City of its Intent to Accept the proposal submitted by
The Balk Company, subject to negotiations of a development agreement
5. Executive Director (Assistant City Manager) Verbal Reports
6. Oth,er Business
7. Adjourn
Convene as Pension Trustees:
1 . Call to Order
2. Approval of Minutes: 11/15/99
3. Request for acceptance into membership: Patricia Post, Marlon Mitchell, Andrew Hawkins, Julie
Wykoff, David Powers, Pamela Bedford, Scott Kurleman, Robert Perry, Claire Knafla, Dragoljub
Vitkovic, Melissa Jackson, Louis Pirman, Bruce Vendetti, & Richard Zeron .
4. Regular Pension to be granted: James Marshall
5. Pensions to be vested: Raymond G. Kaval & Michael Schaffner
6. Request to Waive vested pension rights: Sabrina Chute & Cindi Juster
7. Request to buy back previous pension service credit: Darold Brink
8. Other Business
9. Adjourn
Reconvene Worksession
PUR PURCHASING
Scott Smith's Harley Davidson, five 2000 Harley Davidson Road King police motorcycles; declare
surplus to city needs five 1999 Harley Davidson Road King police motorcycles and authorize
trade-in to selling dealer (PO)
Bulk Express, transportation & disposal of land clearing debris, 12/1 5199-12/31/2000, est.
$38,350 (PW)
Industrial Refuse Sales, 2nd & Final extension, compactor & roll-off containers, 12/10/99-
12/31/2000, est. $150,000 (SW)
Don Reid Ford, eleven 2000 Ford Crown Victoria police pursuit vehicles (replacement) for use by
Police Department, $268,655; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
Tree-Line Sales and Service, 2nd & Final extension, inspection, certification & necessary repairs
to crane trucks, bucket trucks & related equipment used by various departments, 1/1 /2000-
12/31/2000, est. $40,000 (GSS)
1 2/6/99
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The Broyhill Manufacturing Company, one 2000 Broyhill Load-N-Pack model 80-HD refuse
collection system (replacement) for use on Clearwater Beach by Solid Waste, $81,142.60;
funding to be provided under City's Master Lease-Purchase Agreement (GSS)
Golden Triangle Portable Toilet Company, Inc., increase contract from $24,500 to newest.
$30,000, portable toilet rental & service during remaining portion of contract ending 12/31/99
(PR)
Golden Triangle Portable Toilet Company, Inc., 1 st of 2 extensions, portable toilet rental &
service during 1/1/2000-12/31/2000, est. $30,000 (PR)
Lakeside Occupational Medical Centers, P.A., 1 st of 2 extensions, pre-employment & annual
phvsical examinations and random drug testing for all personnel except those in Fire Department,
1/1/2000-12/31/2000, est. $56,000 (HR)
Standard Insurance Company, 1 st extension, long term disability insurance for employees not
eligible for pension plan coverage duri ng 1 /1/2000-' 2/31/2000, est. $ 30,000 (H R)
Reliastar Life Insurance, 1 st of 2 extensions, SAMP group term life insurance during 1/1/2000-
12/31/2000, est. $50,000 (HR)
SFG Technologies Inc., maintenance & support of SFG and licensed third party programs to be
supplied bV SFG for SFG Utility Management System used by Clearwater Customer Service,
10/1/99-9/30/2000, est. $45,000
Tampa Mack Sales, one 2000 Mack roll-off truck (previously approved addition), $94,650;
funding to be provided under City's Master Lease-Purchase Agreement (SW)
Kelly Temporary Services, 2nd & Final extension, temporary employment services used by all
departments, 12/10/99-12/31/2000, est. $45,000 (HR)
Pride of Florida, extension, recapped heavy duty truck tires, 12/10/99-12/31/2000, est. $50,000
(GSS)
Brad Ragan Inc., 2nd & Final extension, tires, 111 /2000-12/31 /2000, est. $200,000 (GSS)
Jeffry Knight Inc., d/b/a Knight Enterprises, installation of gas mains & service lines and house
piping installation throughout gas system service area, 1/1/2000-12/31/2000, est. $585,000
(GAS)
BU BUDGET
1. Budget and Financial Policies
ED ECONOMIC DEVELOPMENT
1 . Brownfields Site Rehabilitation Agreement with FDEP, for property located at 1108 N.
Greenwood Avenue (Consent)
2. Contract to WRS Infrastructure and Environment, Inc., for $64,157.50, for source removal of
contaminated soil at property located at 804-804.5 Pennsylvania Avenue, utilizing State
Brownfields Appropriations (Consent)
3. First Reading Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal
streets and rights-of-way in the City of Clearwater as a means of providing telecommunication
service; prescribing terms and conditions accompanying the Grant of Franchise
4. Agreement with Greater Clearwater Chamber of Commerce for Fiscal Year 1 999-2000, City to
provide $170,000 in funding in exchange for certain tourism services to be provided by Chamber
5. Agreement with Clearwater Beach Chamber of Commerce for Fiscal Year 1999-2000, City to
provide $25,000 in funding in exchange for certain tourism services to be provided by Chamber
6. CRA Intent to Accept Proposal submitted by Balk Company, Inc.
FN FINANCE
1. Res. 99-46 - establishing the intent to reimburse certain beach parking garage project costs
incurred with proceeds of future tax-exempt financing
1 2/6/99
2
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HR HUMAN RESOURCES
1 . First Reading Ord. #6480-00 - amending City Code of Ordinances and amending City of
Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan
participants
2 First Reading Ord. 6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393, Code of
Ordinances, to amend or delete definitions; amending Sec. 2.397, Code of Ordinances, to amend
benefits under the Plan; providing for a referendum election relating to the Pension Plan
PD POLICE
1. Board of Trustees, Clearwater Police Supplementary Pension Fund - reappoint William Schwob
2. Second Amendment to contract with Logistic Systems, Inc., eliminating Records Management
System (RMS) Software and revising installation, training, interface & project management
portions of contract, while leaving in place, Computer Aided Dispatch (CAD) system as well as
computer hardware already installed for RMS (Consent)
3 Accept grant from U.S. Department of Justice/Office of Community Oriented Policing Services
(COPSl for period 9/1/99-8/31/2002, in the amount of $375,000 (Consent)
4. Appropriation of $200,000 to establish a Special Program project to cover unanticipated
expenditures associated with Year 2000 - Y2K impacts
5. Presentation - Homeless Issue Briefing
PR PARKS AND RECREATION
1. Extension of Agreement with Clearwater Golf Park
2. Ratify decision made on 10/7/99 to provide $ 25 ,000 toward track improvements at Clearwater
High School; approve funding source of unappropriated retained earnings of the General Fund
(Consent)
3. First Reading Ord. #6500-00 - establish new non-resident fees for participation at City recreation
facilities and in City recreation programs & activities
QOL QUALITY OF LIFE
1 . First Reading Ord. #6477-00 - regarding sale of city owned surplus real property
2. First Reading Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City
Charter amending Sec. 2.011dl 5 (viii regarding leasing surplus municipal real property
PLD PLANNING & DEVELOPMENT SERVICES
1 . Public Hearing & Second Readinq Ords. #6404-99 & 6405-99 - Land Use Plan Amendment to
Preservation & IRT Zoning for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B
42.01 (Pinellas County Board of County Commissioners)
2. (Cont. from 11/18/99) Public Hearing & First Reading Ords. #6483-00 & 6484-00 - Land Use
Plan Amendment to Residential/Office Limited & Office Zoning for property located at 809 Druid
Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts)
3. Public Hearing & First Reading Ords. #6470-00, #6471-00 & #6472-00 - Annexation, Land Use
Plan Amendment to Residential Urban and LMDR Zoning, Sunset Highlands Unit 2, Lot 6 (Booker
T. & Hong-Sun Colson)
4. Public Hearing & First Reading Ords. #6473-00, #6474-00 & #6475-00 - Annexation, Land Use
Plan Amendment to Residential Urban and LMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G.
Bingham III)
1 2/6/99
3
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PW PUBLIC WORKS
1. Public Hearing & First Reading Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility
easement, Del Oro Groves, First Addition, Lot 110, subject to complying with Sec. 1 of
Ordinance (Groteke, V99-12)
2. Public Hearing - Declare surplus to City needs development rights for 9 residential dwelling units
appurtenant to City Parking Lot #34 (Barbour-Morrow Sub., Blk A, Lots 5, 6, & 40) for purpose
of conveying said rights to JMC Communities of Clearwater III, Inc. (JMC), general partner of
Mandalay Beach Club, Ltd., by special warranty deed in exchange for conveyance to City by
special warranty deed development rights for 9 unused residential dwelling units appurtenant to
Meridian of Sand Key, 1200 Gulf Blvd., from JMC, subject to approval of exchange by
Community Development Board & Commission approval of proposed Land Assembly Assistance
and Reimbursement Agreement between City and Mandalay Beach Club, Ltd., documenting the
exchange
3. Ratify/Confirm Change Order to contract for emergency repair & retrofit of Solid Waste Fueling
Facility with Tampa Bay Engineering, $80,268 (Consent)
4. Work Order to Tampa Bay Engineering for services related to rehabilitation of Sanitary Sewer
Pump Stations #20 & #35, $246,838
5. Joint Project Agreement with FDOT, street lighting at SR55 (US19) and Drew Street interchange
(Consent)
6. Work Order with Parsons Engineering Science, Inc., engineering services, for preliminary project
development of Pier 60 Parlcing Garage including financial analysis, $185,200 (Phase 1 AI;
authorize loan (bearing interest at cash pool earnings rate) from consolidated cash pool to fund
expenditure until such time as bonds are issued, or in event bonds are not issued, to be repaid
from parking revenues over 10 year period
7. Approve Final Plat for Belleair Village Subdivision, located approximately 350' West of Missouri
Avenue, lying along South side of Belleair Road
CLK CITY CLERK
1. Library Board - 3 appointments
2. Legislative Package
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6422-99 - Relating to Purchasing; amending Sees. 2.541,2.542,2.544-2.547,2.561-
2.564, 2.622-2.624, and deleting Sec. 2.565, Subdivision IV and 2.601
Resolutions
1. Res. #99-51 - Releasing right to repurchase real property owned by Espana Business Center, a
Florida General Partnership, located in the Clearwater Industrial Park
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
1 2/6/99
4
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Commission Discussion Items
1 . Provide direction re Mangrove Trimming
2. Provide direction ra Largo Annexation of Properties North of Belleair Road
Presentation(s) for Thursday Night
1. Don Reynolds - Midland Company - present 2 pieces of art to commission
2. Chuck Warrington - present results of 1999 United Way campaign & recognize campaign team
3. Mandy Rice - Tampa Bay Water Desalinization
Other Commission Action
Adjourn
1 2/6/99
5
,
v,
TO: Brian Aungst, Mayor
FROM: Susan Chase, City Clerk Specialist
COPIES: City Commissioners, Mike Roberto, Cyndie Goudeau
S~CT: Presentations at tbe December 6, 1999 Worksession
DATE: December 6, 1999
The following presentations will be made at the December 6, 1999 Worksession:
Employee of the Month - November Winner
Marcia Charlton, Marine (write up, $100 check, desk clock)
J 5 years
Natbaniel McAbee, Public Works (letter of appreciation, desk pen set)
Roberta L. Gluski, Planning and Development Services (letter of appreciation, service plaque)
20 vears
Paul A. Hoven, Fire (letter of appreciation, watch)
Roger C. lIooey, Public WorksfWPC (letter of appreciation, watch)
James E. Lightfoot, Parks & Recreation (letter of appreciation, watch)
25 years
Phillip H. Gatewood, Public 'Works (letter of appreciation, gift certificate)
30 years
Wayne R. Meissner, Police (letter of appreciation, gift certificate)
~ #,' ',....." . ' '. : I I' ,,: " " '. . . . " I ~ . ' y.~~~." .,1. ' .
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; Clearwater
()
Interoffice Correspondence Sheet
To:
Mayor and Commissioners
From:
Cyndie Goudeau, City Clerk ~
Michael J. Roberto, City Manager; Bill Horne, Assistant City Manager
cc:
Date:
November 30, 1999
RE:
Budget and Financial Polices
Attached are the Budget and Financial Policies on which a presentation will be
made at the DecemberG;, 1999 work session. They are BG-4, General Fund Unappropriated
Retained Earnings; BG-8, 10 year Road Resurfacing Cycle; BG-12, Utility Transfer Payment; and
BG-13, Interfund Administrative Charge. The City Manager is recommending the Retained Earnings
be maintained at 8%.
:' \ t .,,' ,. . ...., , : ",,' " ' ,'. j\ ~' ,.' I" , ": , . '. ..'~. , .' I, '.' . " , ,'.
CLEARWATER CITY COMMISSION
No. BG-4
Policy Statement
General Topic
Subject:
'Date Adopted: 1/16/90
Budget
General Fund
Unappropriated Retained Earnings
Amends:
Rescinds:
Reference:
Annual Budget Books
Statement:
In an effort to ensure adequate financial reserves. the City has determined
that a General Fund Unappropriated Retained Earnings equal to ~ 8% of the
subsequent year's budgeted expenditures shall be maintained whenever
practical. Should funds in excess of ~ 8% be available in any fiscal year.
these funds shall be identified as available. and may be appropriated for
specific Capital Improvement Projects or used to reduce the subsequent year's
ad valorem millage.
It has been determined that this fund shall be maintained as a contingency
fund. and appropriated only in cases of emergency or urgency to meet
unanticipated financial needs.
13
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CLEARWATER CITY COMMISSION
No. BG-8
Poliey Stateme~t
General Topic
Subject:
Date Adopted: 1/16/90
Budget
10 year
Road Resurfacing Cycle
Amended: 3/19/92
8/15/96
Amends:
Rescinds:
Reference:
10/16/89 Work Session
4/8/96 Special Work Session
Statement:
In order to maintain the City's streets in keeping with Clearwater's standards
the Commission will attempt to maintain a 10 year cycle for resurfacing roads
by allocating funds for this purpose in the annual budget process.
15
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CLEARWATER CITY COMMISSION
No. BG-12
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
Utility Transfer Payment
Amended:
3/19/92
8/15/96
Amends:
Rescinds:
Reference:
10/16/89 Work Session
Annual Budget Books
Statement:
The Utility System shall annually transfer to the General Fund an amount
determined appropriate to be considered reimbursement in lieu of taxes.
April 1989 policy adopted by commissioners established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to accommodate
growth. and replaced prior years' policy of a prescribed dollar contribution.
HISTORICAL NOTE:
Fiscal Year -L Do 11 ars
1990 4.5 1. 772.870
1991 4.5 1. 987 . 380
1992 4.5 2.050.000
1993 4.5 2.062.680
1994 4.5 2.270.050
1995 4.5* 2.438.620
1996 4.5* 2.587.770
* Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96. the
Commission agreed to replace the Gas Support contribution with a franchise fee
from natural gas customer accounts payable to the General Fund. This. in
combination with the Gas dividend. offers the General Fund the same level of
support as fiscal year 1995/96.
18
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CLEARWATER CITY COMMISSION
No. BG-13
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
Interfund Administrative Charge
Amended:
8/15/96
Amends:
Rescinds:
Reference:
1989/90 Service Options Manual
Statement:
An allocation shall be made annually distributing the costs for administrative
support departments among all operating departments. This distribution shall
be proportionately based on the operating department's annual budget, and
shall not be charged to General Fund departments.
Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Commission agreed to maintain the same charge for administrative support from
the Gas Fund for fiscal year 1995/96 which will be increased annually by the
cost of salary increase index computed by the City Manager (fiscal year
1996/97 - 4%).
19
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item if:
Final Agenda Item #
Meeting Date:
SUBJECT/RECOMMENDATION:
Approve the appropriation of $200,000 of General Fund retained earnings to establish a Special
Progr~m project to. cover unanticipated expenditures due to higher than normal activities and events
associated with Year 2000 celebrations and Y2K impacts,
-D and that the appropriate officials be authorized to execute same.
SUMMARY:
Although discussed during budget preparation, funds were not included in the 99/00 budget to cover
additional cost for millennium and Y2K events. There is growing concern that unbudgeted overtime hours
may be necessary on the New Year's weekend due to higher than normal activities or events associated
with millennium celebrations and/or testing of computer hardware and software due to the uY2K bug."
The Police Department is estimating an expense of approximately $150,000 to maintain a highly visible
police presence over the New Year's Weekend. In order to .do this all discretionary leave the week prior to
January 1 has been canceled and the Emergency Response Platoon Deployment will be activated. This
deployment will be initiated at 7 a.m. on Friday, December 31, 1999 and will continue at least through 7
a.m. on Sunday, January 2,2000. This will result in the deployment of over twice the normal number of
officers.
The Fire Department is planning on having an extra EMS vehicle and two additional fire engines in-service
from 8:00 p.m. December 31,1999 until 8:00 a.m. January 1, 2000 at a cost of approximately $5,000.
Public Works is requesting $20,000 to $25,000 to cover the cost of crew deployment, if necessary, to
respond to public utility and transportation emergencies.
Funds will be provided by a first quarter budget amendment appropriating $200,000 from the retained
earnings of the General Fund to establish the uMillennium Expenditures" Special Program project. Any
funds that are not needed will be returned to the General fund after all related expenditures have been
posted.
Reviewed by:
legal N/A Info Svcs NA
Budget ~ Public Works NA
Purchasing N/A DCMlACM
Risk Mgmt NA Other NA
~at~ Dept:
'6I1~~.ffre/Pub' Works
Costs
5200,000
Total
Funding Source:
C...pililllmpronment
Current Fiscal Year
Operaling
Other
x Unappropriated
Retained Earnings
Gjl None
J Appropriation Code:
181-99804
Rev. 2/98
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