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05/18/2000 :'/' f' ,1'.' '(f. r it; Agenda: 5-18-00 tl37 " i~i ~\ ~ " i.. I" City Commission Meeting 5-18-00 , ~. note: 5-15-00 Preliminary (W orksession) Agenda and paperwork that was in package initially but then 110t continued onto Thursday's agenda is at the back of this agenda pack. ~'3o ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, May 18, 2000 - 6:00 P.M. - Commission Chambers 1. Invocation - Commissioner Clark. A moment of silence was observed in honor of Dottie Ruggles, Supervisor of Elections, who passed away on 5/16/00. 2. Pledge of Allegiance - Mayor. 3. Service Awards - None. 4. Introductions and Awards a) Proclamation: Water Safety Awareness Day - 5/20/00 b) Proclamation: Safe Boating Week - 5/20-27/00 5. Presentations a) Legislative Reports - Senator Jack Latvala - Given. 6. Approval of Minutes - Regular Meeting 5/4/00 - Approved as submitted. 7. Citizens to be heard re items not on the Agenda Earlv Sorenson said people of all religions are welcome in Clearwater. PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing & First Reading Ord. #6531-00 - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. & south of Jeffords St., subject to retaining 12' utility easement over relocated water lines (Morton Plant Mease Health Care, VOO-05)(PW) ACTION: Approved. Ordinance passed 1st reading. 9. Public Hearing & First Reading Ords. #6536-00, #6537-00 & #6538-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low (upland area) and Preservation (wetland area) & LDR and Preservation Zoning, 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (Dorothy Scott, AOO-'O){PLD) ACTION: Approved. Ordinances passed 1st reading. , O. Public Hearing & First Reading Ords. #6539-00, #6540-00 & #6541-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1513 Country Lane East, Country Lane, Lot 7 (Lois Ouale, ADO- 09 )(PlD) ACTION: Approved. Ordinances passed 1 st reading. 11. Public Hearing & First Reading Ords. #6542-00, #6543-00 & #6544-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose & Beverly Jordan, AOO-08)(PLD) ACTION: Approved. Ordinances passed 1 st reading. 12. Public Hearing & First Reading Ords. #6545-00, #6546-00 & #6547-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office/Retail & Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of Realtors, AOO-07)(PlD) ACTION: Approved. Ordinances passed 1 st reading. 5/18/00 1 1 3. Downtown Master Plan - Discussed. a) Downtown Redevelopment Project Term Sheet ACTION: Approved in concept. b) First Reading Ord. #6559-00 - Calling for Special Election; submitting to city electors a proposed amendment to the City Charter to add Subsection 2.01 (d){8) for purpose of authorizing development and redevelopment of certain municipally owned real property located in downtown, leasing of certain properties for maximum lease term of 99 years, and construction of certain improvements in that area west of Osceola Avenue between Drew Street & Pierce Street lying below the 28' mean sea level elevation; providing for a referendum election ACTION: Ap~roved. Ordinance passed 1 st reading. c) Res. tlOO-22 - Submitting to city electors a referendum question authorizing issuance of revenue bonds for constructing and furnishing the new Main Library I constructing future library I civic or municipal space; providing for referendum election ACTION: Approved. Resolution adopted. Public Hearing - Second Reading Ordinances 14. (Cant. from 5/4/00) Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including amendments to future land use, transportation/traffic circulation, housing, utilities, coastal zone management, conservation, recreation and open space, intergovernmental coordination, and capital improvements elements; making substantive changes as recommended in the Evafuation and Appraisal Report (EAR) ACTION: Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-21) - Approved as submitted. Consent Agenda items require no formal public hearing and are subject to being approved by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and to voted on individual items. 15. Approval of Purchases per Purchasinq Memorandum: 1) Bell Chevrolet, two 2000 Chevrolet % ton pickup trucks, $31,526 (GS) 2) Vermeer Southeast Sales, one Vermeer Model D7X11A directional boring machine system with trailer, $77,250; financing to be provided under City's Master Lease-Purchase Agreement (GS) 3) J.D. Swearingen Equipment Co., one New Holland tractor with Motrim slope mower, $57,110.28; financing to be provided under City's Master lease-Purchase Agreement (GS) 4) Dell Marketing l.P., computer hardware (optiples tower ~ 4 ea, precision workstation - 4 ea, workstation 733 ~ 1 ea, & latitude laptop - 2 ea), $32,053; financing to be provided under City's Master lease-Purchase Agreement (IT) 5/18/00 2 51 L & S Custom Coach, one Traffic Homicide Vehicle, $93,100; financing to be provided under City's Master Lease-Purchase Agreement (PO) 16. Approve $165,000 expenditure & authorize City Manager to execute contract & license supplement for purchase of Computer Telephony Integration System, from SFG Technologies, Inc.; approve $26,218 expenditure to Sprint Telephone of Florida, to upgrade & expand Meridian phone switch which services the MSB; approve 5-year interfund loan from Central Insurance Fund for $165,000 (SBS) 17. Authorize funding capital project "SPJC Field Site Development" with additional $47,997 to be provided by a Third Quarter budget amendment from unappropriated retained earnings of the General Fund (GS) 18. Amendment to Waiver Agreement with Meristar Hotels and Resorts, Inc.lHilton Clearwater Beach Resort to replace shuttle boat with pontoon boat (MR) 19. Approve transfer of funds, $38,900, for total $163,900, construction of Wood Valley Police Department Substation (PO) 20. Amendment to agreement with Krishnan Anandan, Parks and Recreation Tennis Professional, increase term from 5/1/00 to 9/30/00 and amount from $55,000 to $90,000 (PR) 21. Extend contract with laub's Landscape Maintenance, Inc., 4/1/00-3/31/01, est. $48,000 (PR) OTHER ITEMS ON CITY MANAGER REPORT 22. Res. #00-20 - endorsing application of Project 00-0425 and committing City to refund 10% of eligible tax refund upon certification by Enterprise Florida (re Qualified Target Industry (OTI) Tax Refund Program) (ED) ACTION: Approved. Resolution adopted. 23. Agreement with Azurix/J&J Baker, transportation, treatment & disposal of bio-solids residuals, 5/20/00-5/19/05, est. $3,900,000 (PW) ACTION: Approved. 24. First Reading Ord. #6561-00 - Relating to utilities; amending Sec. 32.1 59 (water use restrictions, enforcement, penalties) to conform with Pinellas County regulations during times of declaration of water shortage condition or emergency (PW) ACTION: Approved. Ordinance passed 1st reading. 25. Approve concept of land swap with Calvary Baptist Church for Chesapeake Park pending passage of referendum authorizing same (PR) ACTION: Approved. 26. Res. #00-23 - Submitting to city electors a referendum question authorizing transfer of real property known as Chesapeake Park to Calvary Baptist Church in exchange for real property of comparable value under Charter Sec. 2.01 (d)5(v); providing for referendum election ACTION: Resolution adopted. 5/18/00 3 27. Agreement with Public Enterprise Group, act as Clearwater's agent in exploring partnership opportunities & negotiating corporate partnerships, for amount not to exceed $40,000 of which $30,000 is recoverable with future agreements (SFS) ACTION: Approved amended item with the amount not to exceed $12,000 and no recoverable. 28. Other Pending Matters - None. CITY ATTORNEY REPORTS 29. First Reading Ord. #6558-00 - Amending Sec. 1.12, Code of Ordinances, to revise provisions for code violations, enforcement and penalties and to amend fine schedule ACTION: Approved. Ordinance passed 1 s1 reading. 30. Other City Attorney Items The City Attorney reported the City will refund approximately $70,000 in Interim Proprietary & General Services Fees collected before the fee was canceled. Most refunds will be small although one is estimated to be $33,000. 31. City Manager Verbal Reports - None. 32. Other Commission Action Johnson questioned the purpose for a letter from the marina restaurant. The City Manager said the restaurant is required by lease to advise the City when it closes, even for vacation. Johnson questioned distributed information regarding pruning palms. It was indicated the information was forwarded to Parks & Recreation in response to resident concerns regarding the City trimming methods. AunQst wished Duke Tieman a speedy recovery. AunQst invited residents to attend the Town Hall Meeting at Countryside High School on 5/22/00. 33. Adjournment - 10:45 p.m. 5/18/00 4 ,i Ii .;.'1< , t ~H""',"~~'",~'."-..,, .....~ ~., _~ .... ..... ," >':". ':".1 TO: CITY OF CLEAR.WATER Interdepartmental Correspondence FROM: Mayor and Commissioners Cynthia E. Goudeau, City Clerk <-0 SUBJECT: Follow up from May 15, lOOO Work Session COPIES: Michael J. Roberto, City Manager DATE: May 17, 2000 . In response to questions raised at the May 15, 2000, Work Session, the following answers are provided in final agenda order: Item #13b - Updated copy of Ordinance 6559-00 was included in your agenda packs. Item #15 - Revised Purchasing Item was provided in your agenda packs; correct price for workstation now appears. Items #25 and #26 - Land Swap with Calvary Baptist Church - A color aerial map will be provided at your seat; copies of the appraisals are available in the Clerk's Office. If the Church continues to own the parcel on the north side of Drew Street, they would pay taxes on it until such time it is developed for a cnurch-related use. , . ..' I . ,..' ~,'. ' ,".';, ',. . 'I.' ',' -. ',t... , I" ,', CITY OF CLEARWATER The following employees are eligible to receive their service awards at either the 5/15/00 worksession or 5/18/00 commission meeting: :~~ 5-vear :;'.~ ~l. " , Alicia Farrell Peter Bach Christopher Brown John Tierney Charles Hardison General Support Services Public Utilities Solid Waste General Support Services Public Communications and Marketing ':i, :,. ." ,> :, 10-vear Sharon Hunter Kathleen Perry Thomas Donnelly Russell Dunning Police Police Police Public Works 1 5-vear Timothy Bartlett Debbie Ford Public Utilities Human Resources 20-Year Franklin Daly Jr. Steven Burch Robert Jones Richard Harris Theresa Coffey Robert Gundel Police Police Police Police Parks and Recreation General Support Services 25- Year Douglas Bunting Fire _ t. ~. , . . , .. ' . !' " .. "" .;' ~' p .~ . 't: ;:, .' . :..,.' . Re- 5 ~ PENNINGTON, MOORE, WILKfNSON,BELL & DUNBAR, P.A. A TTORNEYS AT LA \V SAI\1UEL P. DELL, III DOl/GLAS S. DELL F'ltEDEIUCK L, DUSACK KAREN 1\1. CAMEClIIS KEVIN X, CROWLEY MARK K. DELEGAL MARC W. DUNBAR PETER M~ DUNBAR MARTHA J. EDENFIELD ROGELIO J. FONTELA JAN J. GORRIE ROIJERT A. HOSA Y WILLlA~1 H, JH!GHES. III A, KE~~ETH LEVI~E JOHN J. MATTHEWS EDGAR 1\1. I\tOORE E. Mt;RRA Y MOORE. Jr{, DRIA;'\> A. ~EW:\IA;'\> JULieS F, PARKER, III JOH~ C. PELfIA"1 CARL R. PENNING'ro:"l, .JR.. P,A. C. EDWI:'ol RlIDE, JR, GARY ,\. SHIP:\IA:'II CYNTHIA S. TUN~ICLlFF WILLIAM E. WlIITNEY BEN H. WILKINSON CAT HI C. WILI,INSO:-i TALLAHASSEE OFFICE: 215 SOllTflMONROE STREET SECOND FLOOR TALLAHASSEE, FLORIDA 32301 TELEPIIO:'llE: 850/222-3533 F..\X: 850/222-2126 T..\~IP,\ OFFICE: 7651l COltlrfNEY CAMPBELl. CAUSEW,\Y Sl"ITE 220 TA.\IPA, FLORIDA 32607 TELEI'HO~E: 813/639-9599 FAX: 1113/639-1488 OF COUNSEL ROBERT CINTRO:\'. JR, R. STll,\RT HUFF, P.A. Coral Gablcs. Florida CHRISTOPHER W. KAI'AGA (AtllIIlIlrcllll i\b,sochIllCIlI &: Colur:lllo 0111)) BARBARA J. STAROS SI'ECIAL CO;\iSULTANT n, z. SAFLEY" PETER J, MITCHELL" "NOT A MEMBER OFTlIE FLORIDA BAR E-"Iail: PCIC@IIl!nningtonla\Vllrm.col11 REl'L Y TO: P.O. BOX 10095 TALLAIlASSEE, FL 32302-2095 RECE~VED MEMORANDUM t1AY 1 (J 2000 TO: Ms. Cynthia E. Goudeau, City Clerk City of Clearwater CITY CLERK DEPARTMENT FROM: Peter ~bar, Martha J. Edenfield and Marc W. May 17,2000 Dunbar DATE: RE: City of Clearwater Session Wrap-Up -------------------------------------------------------------------- -------------------------------------------------------------------- The following is a brief synopsis of the issues addressed on behalf of the City of Clearwater during the 2000 Legislative Session. Appropriations: The City of Clearwater sought funding to assist in pursuing the Commission's Vision for the City and to implement One City One Future. The projects include:' · North Greenwood Branch Library* ... . . . . . . . . . . . . . . . , . . . $ 300,000.00 · Clearwater Beach Monorail* . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000.00 · City of Clearwater Emergency Shelter for Homeless .... . . . . $ 100,000.00 · City of Clearwater Community Services Program. . . . . . . . . . . $ 158,000.00 · North Greenwood Community Health Center. . . . . . . . . . . . . . $ 50,000.00 · City of Clearwater Brownfield Remediation ............... $ 500,000.00 · FRDAP Clearwater East/West Trail* .................... $ 150,000.00 · Stevenson Creek Estuary Improvement* . . . . . . . . . . . . . . . . . $ 1.5 million · TownPond*.................................... . $ 400,000.00 · TOTAL........................................... $3,308,000.00 "'Denotes projects which went through a joint Governor's Office/Legislative review process and are therefore not likely to be subject to a gubernatorial veto. The City should rally support for those projects which have not been through the joint screening and approval process. The City of Clearwater supported legislation beneficial to Clearwater and other municipalities including: Retention of Spring Training Franchises: CS/HB 1439. The City of Clearwater worked with Senator Latvala and Representative Sembler to write and pass legislation providing tax dollars to renovate spring training baseball stadiums which is intended to keep major league teams from leaving Florida's Grapefruit League for the Cactus League in Arizona and Nevada. Teams will be required to stay at current Florida site for at least fifteen years and locaf governments must be willing to pay for at least half the upgrades to qualify for shares of $75 million in state sales tax revenue that would be allocated for such projects over 30 years. Urban Infill/Brownfield Economic Incentive Legislation: CS/CS/CS/SB 1406, by Senator Latvala passed, combining technical provisions of Brownfields legislation with financial incentives. The City of Clearwater worked from the Summer of 1999 through Legislative Session 2000 to help craft and pass this important legislation for underutilized and abandoned areas. Miles 8allog worked closely with legislative staff and the lobbying team. The provisions of the bill include: · Clarifies howthe balance in the Water Quality Assurance Trust Fund and Inland Protection Trust Fund are calculated for purposes of triggering any new tier of tax levies. · Provides the Department of Community Affairs rulemaking authority for reporting requirements for certain chemicals used by businesses. · Expands the definition of eligible businesses for purposes of the quick response training for economic development. · Directs Enterprise Florida, due to develop a comprehensive marketing plan for brownfield areas designated pursuant to s. 376.80. · OEP is specifically authorized to use RBCA criteria for cleanups on lands owned by the state university system. · Provides for mapping and registry of brownfield sites where institutional controls are used. 2 " . . . ~ \ _,' I ~I J 1:'\ . . ' .. . : . ~. ~ . I. ;' " . ,1 -. '. ~ ~~ I' ... I 0/. " ',: I -;1 .~J . Clarifies the time frames and conditions for certain dry-cleaning facilities to . qualify for state-funded site rehahilitation. . Several terms are defined - "cuntainment", "natural attenuation", and "rist< reduction". . Clarification of the use of local advisory committees for brownfield programs. . Requires DEP to update, revise and adopt a rule on brownfield cleanup criteria that must prescribe a phased risk-based corrective action process. Statutory guidance for rule making is provided. . Clarifies the liability protection provided to persons whose property becomes contaminated from a nearby brownfield area. . Clarifies the application of the Marketable Records Title Act to contaminated property with institutional controls. . Provides for exemptions to local option sales surtaxes in urban infill and redevelopment areas. Authorizes DCA to transfer certain unused balances in the Urban Infill and Redevelopment Assistance Grant Program. . Deletes an outdated provision restricting tile employment of certain DEP employees in private sector petroleum cleanup program. . Contingency provisions are made for FY 2000-2001 for unencumbered funds from the Quick Response Training Program, Brownfield Redevelopment Bonus Refunds and any appropriations in the GAA For cleanup of state-owned lands-- establishes a grant program to allow grants for assessment and remediation at brownfield sites. Title Loan Regulation: CS/HB 301 passed which places 300/0 interest rate cap on title loans and places title loan establishments under the regulation of the Department of Banking and Finance. The bill also allows local governments to enact strict ordinances and/or enforce a current stricter ordinance. Building Codes; House Bill 219 authorizes the enactment and implementation of a Florida Building Code, allowing for local governments to retain authority to enact more stringent codes than those in the Florida Building Code. 3 .~. 'I .11"...... ': ._,,1 fto ~",'_ .:, ,:', '",', , "'" I "'i..",::, ... '.. ',.? '{, ,...\ /,'7:~", .~ Key Economic Development Funding: The state's 2000-2001 fiscal year budget included key economic development tools including: · Expansion, retention and recruitment. . . . . . . . . . . . . . . . . . . . .. $3.5 million · Qualified Target Industry (QTI) . . . . . . . . , . . . . . . . . . . . . . . . . .. $ 19 million (includes reappropriation of $1.25 million from current fiscal year) · Economic development "road fund" ....................... $ 25 million · Quick Response Training (aRT) ......................... $ 6 million · Defense Infrastructure ................................. $ 4 million · Rural Infrastructure . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. $ 4 million Transportation Funding Package: Senate Bill 862, the transportation funding package, provides for the acceleration of $6 billion in transportation projects over the next ten years. Included in Senate Bill 862 is: · Recaptures over a ten year period approximately $1.8 billion from the General Revenue Fund and returns the funds to the Transportation Trust Fund for the Mobility 2000 Initiative. The Mobility 2000 plan is adopted into the current DOT five year work program for implementation. · $375 million in non-recurring funding is allocated from general revenue over three years to fund the County Incentive Grant Program, allowing localities to advance highway projects on the State Highway System or projects which receive congestion on the State Highway System. Up to 20% will be spent on small county outreach programs. · Transportation Outreach Program to fund approximately $900 million over ten years for high priority transportation projects to enhance Florida's economic competitiveness, preserving existing infrastructure and improving transportation choices. Projects will be prioritized by a public/private advisory council with involvement with tourism and transportation issues, Final project selection will be made by the Legislature. · $50 million spread over two years will fund the state-funded Infrastructure Bank to provide loans to help fund projects that would be delayed or not built. The loans will be repaid by revenues generated by the project, which in turn will be used to fund new transportation projects, · Up to $325 million in GARVEE bonds may be issued by FDOT to ensure future funding of projects on the Florida Intrastate Highway System. 4 Simplified Telecommunications Tax: Senate Bill 1338 creates a simplified communications tax system joining all the telecommunications services under one tax base. The services. including telephone, long distance, cable and cellular service, will receive two tax rates, one state tax and one local option. This uniform system alleviates the hundreds of burdensome tax returns the telecommunications industry must file to various local governments. as well as simplified service for bills for businesses and consumers. Beach Restoration: House Bil11 005 by Dennis Jones establishes minimum requirements for restoration projects and will give priority to those projects that significantly address the state's beach erosion problems. Other Areas: The City of Clearwater worked closely with the League of Cities on the following issues: · Solid Waste Management- During the 1999 Session, the proposed solid waste legislation began as a bill which would have imposed severe limitations on the ability of local governments to provide solid waste management services. Bob Brumback worked closely with the Clearwater lobbying team and allied local governments from the Summer of 1994 through the 2000 session to remove the unworkable and unreasonable provisions ofthis bill and to ensure this legislation did not harm local government interests. House Bill 1425 which imposes some requirements on local governments that are in direct competition with private companies in the provision of solid waste services. This bill prohibits local governments that are providing solid waste collection services outside of their jurisdiction from engaging in predatory pricing practices and requires local governments to provide adequate notice when displacing a company providing solid waste management services. Local governments must honor existing private companies solid waste contracts in areas to be annexed orincorporated, Senate 8ill436 relating to recovered materials was amended on to this bill. The bill now clarifies existing law by specifying that the registration fee for recovered materials dealers is limited to the cost of a local registration program and that a local government may not require dealers to enter into a non-exclusive franchise agreement as a condition of doing business, · Culpable Negligence .- House Bill 119 which would have created a new cause of legal action resulting from culpable negligence causing public financial injury as it relates to "state matters" was killed in its first committee stop. · The City of Clearwater also worked closely with the League of Cities to oppose any bills that would impose unfunded mandates and/or which would dilute home rule authority in areas such as jet ski regulation, boating regulation and other areas of local government control. 5 ;p~?-. "~I <'" During the course of this session, the lobbying team worked closely with Cyndie Goudeau as to the full legislative package which included weekly conference calls to keep her apprized of all of the issues which were upcoming. Further, Ms. Goud~au used her network throughout the City's various departments to provide timely relevant feedback on bills pending and on pending amendments. Keith Ashby was our contact for the Spring Training Facilities bill and to the Grapefruit League. ': We were especially delighted to have all of the City Commissioners visit and meeting with various members of the delegation during the legislative session. This helps us put our best foot forward and helps us to better represent the City of Clearwater among the Legislative Delegation. Planning Ahead: In light of terms limits, we will start to have our hands full just getting to know the new members of the delegation and welcoming new members. We hope that during the next year as we progress with our issues, that we can count on you to continue to maintain good relations with our elected officials and to continue the favorable contacts and relationships that we have had over the past years. PMD/MJE/MWD/tmz 6 ., ClealWater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # B PW1- Meeting Date: 05/18/00 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 40.0 foot right-of-way of Bay Avenue lying North of Sadler Street and South of Jeffords Street, subject to retaining a 12 foot utility easement over the relocated water lines and pass Ordinance Number 6531-00 on the first reading, (V200o-0S Morton Plant Mease Health Care) IE and that the appropriate officials be authorized to execute same. SUMMARY: . The applicant is proposing to use the right-of-way and adjacent properties to expand its emergency room facilities. . The City has existing utilities located within this right-of-way that will be relocated during development at the applicants expense. . Public Works Administration is recommending the vacation of this right-of-way, subject to retaining an adequate easement over the water lines that will be relocated approximately 250 feet east, outside the footprint of the emergency room expansion. . Florida Power, GTE Media Ventures and Time Warner have no objection. GTE has no objection provided the applicant bears the expense for the relocation of their facilities and maintaining service to customers affected by the proposed vacation. RevkMedby:vl).. 0 Legal ~ Budget N/A Purchasing N/A Risk Mgmt N/A Info Srvc ~ Public Works "!t:..f:- DCM/ACM Other N/A Originating Dept.:,k1 If) Public Works A'~I~ration User Dept. N/A Attachments Ord. No. 6531-00 Location Map Costs N/A Total Current FY Funding Source: CI OP Other Submitted by: City Manager Appropriation Code: --- Printed on recycled paper -- VACATION 2000-05 Morton Plant Mease Health Care " " .,. -, 7 ORDINANCE NO. 6531-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 40 FOOT RIGHT-OF-WAY OF BAY AVENUE LYING NORTH OF SADLER STREET AND SOUTH. OF JEFFORDS STREET<SllBtlEGtUit0:~A!:U::rfEIt\1 ~~~~MJ;.~Jt; PROVIDING AN EFFECfiVE'bATE:""'--' """,. WHEREAS, Morton Plant Mease Health Care, owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right-of-way is not necessary for municipal use and it is deerned 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 CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 40-foot right-of-way of Bay Avenue lying North of Sadler Street and South of Jeffords Stree(which'q~rf b$JqiJhdrlrl.jH~J~I,~t}qf)~I~ff'Yiew~court; as recorded in Plat Book 1, Page 69. Public Records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater releases all of its right, ~~.I.;~~~~.!~!~\,,~:~.~.~~,~,~~!?r.1~~R)~#~,!91t~~..,.9.itY.'.qJ~ .Ciei,~rw~'t~t~~t~t~ihl~g,;~.,.'~.utJI{tYi:;~~~~l:rlent;.py~f amwatet':;liries~inaheiVacafed"ri . ht~of':Wa . ...,..,"',,,....~.......;,.~........,'. ...__ ....." ..... "...'. ,,',.. v.. '. .... ......,9.,.......". .' Y Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: John Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6531-00 I " } " ," ( f .. '. . . ~ ~"":' ~ ,''!.'''. ,'. It:" -','&f ',:"" ", ,.'"&,,, ''. ..: ....;,..'. .:,.~.~;.' ".:...:. "."..... . ,.f', .... ' "... ,.' . . . t, .-. "". .' ., t . ~ NORTH Scale 1"=100' I I I ." u o rr.l MORTON PLANT HOSPITAL R/W Vacation Requested By Applican t . .. . ". Exhi bi t "A" Morton PlUJt' M~e RoUth Ure &y.Aven~ f I"VOI 80 I 77u~1 ~ I ~ JEFFORDS STREET .,...., o ~ 36 4 2 1 w :) z 7 1204 ~ <( 5 35 -3 33 32 6 8 ~9 () 1 1 10 12 ~14 1215 16 18 SADLER ST. 31 13 30 29 28 1 5 1222 17 <b (f) 1234 0 -.-J o oz ..q->- w 0::: 19 1221 24 23 22 21 20 a ::;. 40 ~ ..,...,. ~ 40 PINELLAS ST. 40 1211 2 1 1213 3 1215 4 1217 t " 1217 1/2 a I") 1223 7 8 1225 1233 9 /241 12/14' CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING Dfl....... 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Voc2000-05 SClf lore TUl GAil 02/19/2000 , PLA T BOOK 1 PAGE 69 rLb~ Oearwater Gty Commission Pgenda (bver I'vemorandum Worksessi on Item #: Rnal Agenda Item # Meeting Date: q May 18, 2000 SJ BJ3:T/RECOM M B\I DATI 0 N : o Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1243 Brookside Drive; Owner: Dorothy M, Scott MOllON: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low & Preservation to City Residential Low & Preservation and Zoning Atlas Amendment from County Zoning District Single Family Residential District (R-3) to City Low Density Residential (LOR) & Preservation (P) for M&B 22/01 in Section 24-29S-15E, and PASS Ordinances No. 6536-00, 6537-00 & 6538-00 on first reading. (ANX 00-02-03) I!l and that the appmpriate officials be authorized to execute same. SUMMARY: · The property owner has requested this annexation in order to receive water and sewer service from the City. The subject property involves 16,343.8 square feet or 0.375 acres of land of which 12.017.5 square feet or 0.275 acres are upland areas while 4,326 square feet or 0.099 acres are wetland area which is located immediately adjacent to the subject property to the east. The property will have a land use plan designation of Residential Low for the upland area and Preservation for the wetland area. It is proposed to be zoned Low Density Residential (LDR) and Preservation (P) for the upland and wetland areas respectively. The subject property is an existing lot which was created as separate ownership before 1982 which makes it legally non- conforming with regard to the lot area and lot width for the LDR zoning district. Cl Water and sewer services 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 Brookside Drive right-of-way. The required sewer impact fee of $900.00 was paid by the applicant on February 15, 2000. · The proposed annexation and existing 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. · The Community Development Board at their regularly scheduled public hearing meeting of April 18, 2000 unanimously recommended approval of the annexation, comprehensive plan categories of Residential Low and Preservation, and Low Density Residential (LOR) and Preservation (P) zoning districts pursuant to the City's Community Development Code. Re~ewed by: Legal ~~ ./ ~ /,/ r. "' Budget N/A Purchasing N/A Risk Mgmt N/A Info Svc Originating Dept: PlANNING AND DEVB..OPM 8'JT SERVICES Uoor Dept. Costs Total Public Works DCM/ACM Other Current FY Funding Source: CI OP Other SUbmitted by: City Manager Attachments ORDINANCES NO. 6536-00. 6537-00 & 6538-00 I..... - o None ropriation Code: Rev. 2/98 ORDINANCE NO. 6536-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BROOKSIDE DRIVE, APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF M & B 22/01 IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE, 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: See Exhibit "8" attached hereto (ANX 00-02-03) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of ClealWater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks. rights-ot-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. ~ection 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 Approved as to form: Attest: ~. ,,',. '"' -7 / I . .~_L' ~ ' Leslie K. Dougall-Sides- Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6536-00 ",' ';:~i...:.'...~.~:,. ~,~f' ,h "'::"/, ,,,:~ " :'~ :..' ,.,' .~,'~ , . '. '0." .' ~.' , .." ., " . 2.. ~... --..... 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C'/ "'l , 95 Q "-I "'l , PLUMB ROAD . . ,~. ..... : ~ . . CLEARWATER . '. ,CCl\JN T)'~. ;, ~~ - '~.:-. I:'::'::"!!? . ..... : : .' .. .. ..' ..}. .. '. " '-'l ;.... ...- ... .- PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: L~as e: _ ,L\f.j:,< 00- C,2 - 03 I PRO~~~-;~Y,~~E~!;RIPTION: -----1 ~...1 (.:8 ",:.~ / '.j I LAND USE PLAN ZONING I ------ FROM: Residentiol lo'.\' & Preser'loticn R-3 PROPERTY SIZE ACRES: 0.375 TO: Residential Low &: Preservatir,n LDR & P r ------ _________,__ I Rigbt~of-"ay Size Acres: ATLAS P AGE:.30EA. : SEC: 2~ TWP: 29S RANGE: 15E --I CITY COM!\IISSION: May 15. 2CO(-;--'- Oorothv M Scott J 1243 Brooksid-= Dr-ive Cleor.:.Jwo ter, Fl. COMM1JNITY DEVELOPMENT BOARD: .Ar;rii 13. 2000 AOO- 0:30'l.'Cl Prc;:::crerJ b'/ EA- PubliC V/ork::; Aclmini:3tralion Exhibit "A" Ordinance No. 6536-00 " ,. ~ ( , , l' ' " '; J '.: I . '''-. . . .,,, ..",. ,. '{ " 't 'j -", . :".~.,~:-\~.......,;. .'," . ;,'3 .. EXHIBIT "B" That part of the Northwest quarter of the Northwest quarter of Section 24, Township 29 South, Range 15 East, described as follows: From the Southeast comer of the Northwest Quarter of the Northwest quarter of said Section 24, run thence N 89009'02" W, along the 40-acre line, 483.39 feet; thence N 0012'45" W, along the Easterly line of Brookside Drive as shown on the Plat of Lake Lela Manor First Addition as recorded in Plat Book 38, Page 7, Public Records of Pinellas County, Florida, 541.0 feet for the Point of Beginning; thence continue N 0012'45" W, 96.14 feet; thence S 89015'28" E, 170.0 feet; thence S 0012'45" E, 96.46 feet; thence N 89009'02" W, 170.0 feet to the Point of Beginning. Ordinance No. 6536-00 ',,'" .. ~f~', "","'r'lo. ....:_..."..~;~"_,..:.., ' I"~ '".~,.. ~~ ,.... _", /'. ,.. .~,. .':f ORDINANCE NO. 6537-0q AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLA.N OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY lOCATED ON THE EAST SIDE OF BROOKSIDE DRIVE, APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF M & B 22/01 IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE, UPON ANNEXATION INTO THE CllY OF CLEARWATER, AS RESIDENTIAL LOW (UPLAND AREA) & PRESERVATION (WETLAND AREA); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the com prehensive 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 See attached Exhibit "A" (ANX 00-02-03) land Use Cateqorv Residential Low (Upland Area) and Preserve (Wetland Area) 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. 6536-00, and 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 Attest: 1'/1 .L~ Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6537-00 , "" .'"..". ....,;,-,' .,..>~ ""t.i:-'. '., /:' ";", EXHIBIT "A" That part of the Northwest quarter of the Northwest quarter of Section 24, Township 29 South, Range 15 East, described as follows: From the Southeast comer of the Northwest Quarter of the Northwest quarter of said Section 24, run thence N 89009'02" W, along the 40-acre line, 483.39 feet; thence N 0012'45" W, along the Easterly line of Brookside Drive as shown on the Plat of Lake Lela Manor First Addition as recorded in Plat Book 38, Page 7 t Public Records of Pinellas County, Florida, 541.0 feet for the Point of Beginning; thence continue N 0012'45" W, 96.14 feet; thence S 89015128" E, 170.0 feet; thence S 0012'45" E, 96.46 feet; thence N 89009'02" W. 170.0 feet to the Point of Beginning. Ordinance No. 6537.00 l'i , ORDINANCE NO. 6538-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BROOKSIDE DRIVE, APPROXIMATELY 500 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF M & B 22/01 IN SECTION 24 TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P); 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, Property See Exhibit "A" attached hereto (ANX 00-02-03) Zoninq District Low Density Residential (LOR) and Preservation (P) BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pineflas 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: 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. 6536-00. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: ~fl '~~& Leslie K. Dougall-Sid I Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6538~OO l:.,' , :".,.! o ~ " ~.""" ,. . 'r;, EXHIBIT "A" , <' That part of the Northwest quarter of the Northwest quarter of Section 24, Township 29 South, Range 15 East, described as follows: From the Southeast comer of the Northwest Quarter of the Northwest quarter of said Section 24, run thence N 89009'02" W, along the 40-acre line, 483.39 feet; thence N 0012'45" W, along the Easterly line of Brookside Drive as shown on the Plat of Lake Lela Manor First Addition as recorded in Plat Book 38, Page 7, Public Records of Pine lias County, Florida, 541.0 feet for the Point of Beginning; thence continue N 0012'45" W, 96.14 feet; thence S 89015'28" E, 170.0 feet; thence S 0012145" E, 96.46 feet; thence N 89009'02" W, 170.0 feet to the Point of Beginning. Ordinance No. 6538-00 , ;. . ' .',. . "", ' " .. it '", l >,t '. -:" 1..;" ;. .1 Item #10 ~(63 A - Worksession Item #: Oearwater Oty Commission Pgenda Cover Mmorandum ]0 Fi nal Agenda Item # Meeting Date: May 18, 2000 ~Lb d- 9J B..ET/RB:O M M fJ\J DA 11 ON: . Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1513 Country Lane East; Owner: Lois M. Quale MOllON: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning District Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) for Lot 7 Country Lane Subdivision in Section 8-29S-16E, and PASS Ordinances No, 6539-00, 6540-00 & 6541-00 on first reading. (ANX 00-02- 04) !!l and that the appropriate officials be authorized to execute same. SJMMARY: . The property owner has requested this annexation in order to receive City water and sewer services. The property will have a land use plan designation of Residential Low and the proposed zoning is Low Medium Density Residential (LMDR), The subject property is an existing single family residential home. o Water and sewer service will be provided by the City of ClealWater and capacity for the project is available for both utilities. The closest water and sewer lines are immediately adjacent to the east of the property in the Spring Lake Drive right-of-way. The required sewer impact fee of $900,00 was paid by the applicant on February 15, 2000. . The proposed annexation and existing 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. . The Community Development Board at their regularly scheduled public hearing meeting of April 18, 2000 unanimously recommended approval of the annexation, comprehensive plan category of Residential Low, and Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code, Reviewed by: Legal ,yt;t~ Budget N/A Purchasng N/A Risk Mgmt N/A Funding Source: CI OP Other Originating Dept: PLANNING AND o EVElO PM EN T SERVI CES User Dept~ Attachments ORDINANCES NO. 6539-00, 6540-00 & 6541-00 Costs Info Svc Total Public Works DCM/ACM Other Cu rrent FY SJbmltted by: r- City Manager , Printed on recycled paper "- o None - Rev. 2/98 ORDINANCE NO. 6539-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTY LANE EAST, APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 7, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1513 COUNTRY LANE EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHERE=AS, 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 7, Country Lane Subdivision as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX 00-02-04) 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 Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall- i es Assistant City Attorney Ordinance No. 6539-00 ATLAS PAGE:27jB ::--L . <:: '0 ,... co ...J ,... '" r... r... r... <'~ N 10 11 1.3 i ~ ~ ~ "" N KUMQUAT DRivE 'n <0 r... N 7 10<0 N 9 <0 ~ r... '" N t\J SHADDOCK 0: DRIVE \O~ ." .... (.) r... "" '" N (\J 7 8 10 9 Co N Co '" r... c.... C'J AVOCADO DRIVE II) .... Co to. to. to. t\J N 7 8 )D 10 9 c., N co c.... "" '" N t\J DRIVE -41~ i' r... to. 7 (\1 N 8 OWNER: FROM: TO: .' ',~., '",' ~ .' .... \ . .J" , . "1. f.."'...- '. I", . . I . '. ..~~. ". . . : .....,..,' '/'.' ':: ~ I ~I> " 30 ~ I., -' - ,-" I - '1 r:'?: I ~ \s'L- /1701'.:. I I I I I '1 i 1-0:: t ( .J I 'C:: i I ~ 1 r:oo'.D ~3 I :'>, i 1701 (;'jl' I .~ : 1 : I I ! 4 "I i C I '~--t-J---LLI -- ! I~'.! _\ Ie>. I' ~- " i : 1 ~ 1.3 i:: I i 7 I I -1 I ") -.:: ,., <: - I~ 5 7 j, - I - ...J "- - ..) C\J"'" r.... II ~ ...' \-. -I r... ,..... - C\ ..... ...... ~ ~ . - . ... 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I Case: A\!:, 00-02-0.1 y R~c~Ef TC~ou~ ~~CL~~ ~T;~~,:viSicn- I I I PROPERTY SIZE ACRES: --I I I I CITY COtv!l\tIISSION: ~~G'I is. zeoo LAND USE P~A.!i ZONING R-,3 0.314 Residenticl LG'.'I Resident:<J1 ~')'.'i L~,;1CR Right-of-way Size Acres: SEe: 8 TWP: 295 RANGE: "'t(";'" lOt. COMMUNITY DEVELOPMENT BOARD: .~.p,1 1-5, 2GCI) :J(-:DGr:;rj :':/: ,- \ L.."'1- .4.80- 04. d'NG PIJ~;:c 'N'~r~3 ,u(frnlnis~ra tion Exhibit "A" Ordinance No. 6539-00 Property Lot 7, Country Lane Subdivision, as recorded in Plat Book 43, Page 65. P~blic Records of Pinellas County, Florida. (ANX 00-02-04) Land Use Category Residential Low ORDINANCE NO. 6540-00 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 ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 7, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1513 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; 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: 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. 6539-00, and 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 Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6540-00 -:. "':, '1. " ,,~...~ . . .., ORDINANCE NO. 6541-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 7, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1513 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSllY 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 Pine lias County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follow;::;: Property Lot 7, Country Lane Subdivision, Plat Book 43, Page 65, Public Records of Pinellas County, FL (ANX 00-02-04) Zonina 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. 6539-00. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst \ Mayor -Corl:1/11issi 60er Approved as to form: Attest: Cynthia E. Goudeau City Clerk eslie K. Dougall-Sid s Assistant City Attorney Ordinance No. 6541-00 ~Lb 3 Oearwater Gty Commission Pgenda Cbver Nbmorandum Worksession Item #: R nal Agenda Item # J] Meeting Date: May 18, 2000 9J B..ECT/FEO M M B\I DAllO N: o Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1224 Stockton Drive; Owners: Rose M. Jordan & Beverly 0, Jordan MOllON: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning District Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) for Lot 9, Block C, Stevenson's Heights in Section 10-29S-15E, and PASS Ordinances No. 6542-00, 6543-00 & 6544-00 on first reading. (ANX 00-02-05) ~ and that the appropriate officials be authorized to execute same. SUMMA~: . The property owners have requested this annexation in order to receive garbage collection service from the City. The applicants are currently receiving water and sewer services from the City. According to the City Utilities Department's records, these services have been provided to the applicants since July 7, 1982. The property will have a land use plan designation of Residential Low and the proposed zoning is Low Medium Density Residential (LMDR). The subject property is an existing single family residential home. Moreover, the abutting right-af-way along Stockton Drive will also be annexed with this property, CIl The City of Clearwat~r has been providing water and sewer services to the subject property and capacity for the project continues to be available for both utilities. The closest water line is immediately adjacent to the property in the Stockton Drive right-of-way while the sewer line is located at the rear easement of the property, According to the City Utilities Department records, the applicants have already paid the tap fee and utility deposit. . The proposed annexation and existing 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, . The Community Development Board at their regularly scheduled public hearing meeting of April 18, 2000 unanimously recommended approval of the annexation, comprehensive plan category of Residential Low, and Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Reviewed by: Legal ~/ ~; -f-. I!J{ " . T Budget N/A RJrchasing N/A Risk Mgmt N/A Info Ervc Originating Dept: PLANNING AND DEVELOPMENT SERVICES User De~ Attachments ORDINANCES NO. 6542-00, 6543-00 & 6544-00 Costs Total PJblic Works DCM/ACM Other Current FY Funding S:>urce: CI OP Other SJbmitted by: City Manager V Printed on r ed paper o None Rev, 2/98 . \(~,'.~'."';"".l,t ..... ..'. '''r '.',:~'~'.... .... '1,,"" :.-::; " j " :,,,,,.;,, '.' ,,'. ..' . ',' ',\ .... ..' ....;... .' I I ORDINANCE NO. 6542-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF STOCKTON DRIVE, APPROXIMATELY 150 FEET SOUTH OF CLAIRE DRIVE, CONSISTING OF LOT 9, BLOCK C, STEVENSON'S HEIGHTS, TOGETHER WITH ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 1224 STOCKTON DRIVE, 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 Nine (9), Block "C", Stevenson's Heights, according to map or plat thereof as recorded in Plat Book 34, Page 13, Public Records of Pinel/as County, Florida, together with abutting right-of-way. (ANX 00-02-05) 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: .v J. Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6542-00 '. . t ',' ::' '. '~ ,/ . "'. " , '.. 7 ': .. If \ I L-. 0- o o TERRACE 0---- 18 17 16 15 14 2 5 ...?O FAIRMONT FA R,MO 9 8 7 j ~ :1 5 'I 6 h ~< i 13 .. ;) r } ",", 't P 10 11 .;"""b';i-;"~:' :'1"'e;,..~,~: ;' " ~~v~;~\..~ ::~~~1~~g ~I~ 7 13 ~ri~t;~~~j: 10 12 <\1 ~., WOODBI~ ',"~ 9 iiJ~~ ~~(~~ ',. .h,L~;< .\ 11"0" ;.~;}i({~~( ~)~nrE, 6 5 f l,f :~ 2"" 12/02 l \ . ... "' U\ \ 18" .... ;, .., :) .~.'''' 'Pi 13 14 27 SPRINGDALE 18",cp 18"'cJl ," .~ ';'~ """'----'- t~ . c. 6 5 #'.\ ~ ~\! ~ 13 14 / c"ud PROPOSED ANNEXA TION AND STORM ATLAS OWNER: Rose M. Jordon 1224 Stockton Clearwater, Fl. & Beverly Drive D, Jordon Case: ANX 00-02--05 PROPERTY DESCRIPTION:_ Lot 9, Block C, Stevenson's Heights FROM: TO: LAND USE PLAN Low Low Residential Residential ZONING R-3 LMDR PROPERTY SIZE ACRES: 0.342 ATLAS PAGE:2698 Right-of-way SEe: 10 Size Acres: TWP: 29S 10 RANGE: 15E COMMUNITY DEVELOPMENT BOARD: Aprii 18. 2000 CITY COMMISSION: May 18,2000 AOO- OS, dW~ Preo.ared by: EA- Public WJJr4~~ Arministration Ordlnance No. 6~ ~- IU ... , ORDINANCE NO. 6543-00 ) \ - 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 ON THE WEST SIDE OF STOCKTON DRIVE, APPROXIMATELY 150 FEET SOUTH OF CLAIRE DRIVE, CONSISTING OF LOT 9, BLOCK C, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1224 STOCKTON DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; 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 pian 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 9, Block "C''. Stevenson's Heights, according to map or Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX 00-02-05) land Use Category Residential Low 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. 6542-00, and 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 Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6543-00 I. . . , .. ORDINANCE NO. 6544-00 \ I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF STOCKTON DRIVE, APPROXIMATELY 150 FEET SOUTH OF CLAIRE DRIVE, CONSISTING OF LOT 9, BLOCK C, STEVENSON'S HEIGHTS, VVHOSE POST OFFICE ADDRESS IS 1224 STOCKTON DRIVE, 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: Property Lot 9, Block "C", Stevenson's Heights, according to map or plat recorded in Plat Book 34, Page 13, Public Records Of Pine lias County, Florida (ANX 00-02-05) Zonina 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 shaH take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6542-00. 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. 6544-00 r l-tJ Lf Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # ~ d-- Meeting Date: May 18, 2000 SUBJECT IRECOMMENDA TIO N: Annexation, Land Use Plan amendment and Rezoning for property at 1545 South Belcher Road (MB 33/05 and 33/07); Owner: Greater Clearwater Association of Realtors. MOTION: APPROVE the annexation of property located at 1545 South Belcher Road, a Land Use Plan Amendment from County Residential/Office General (R10G) to City Residential/Office/Retail (R10/R), and a Zoning Atlas Amendment from County Zoning P-1 to City Commercial (C) and PASS ordinances 6545-00, 6546-00 and 6547-00 (LUZQO-03-02) on first reading. JJ and that the appropriate officials be authorized to execute same. SUMMARY: . The annexation is desired by the applicant to provide a simplified development process through the Clearwater Community Development Code. · 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. . This site can be served by all City of Clearwater services, including utilities, police, fire and emergency medical services without any adverse effect on the service level. . The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. . The applicant is requesting a Land Use Plan Amendment from Residential/Office General (R10G) to Residential/Office/Retail (R10/R) and a zoning change from County zoning to Commercial (C) on approximately a 1.76 acre site located at 1545 South Belcher Road. . The site currently has an office, and the applicant is proposing a pharmacy. . The proposed land use amendment and rezoning is consistent with the Clearwater Comprehensive Plan Future Land Use Objective 3.2.3 which states that commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. I Reviewed ~y:., LcgGtI t,{!f} Budget N/A' Purchasing N/A Risk Mgmt N/A Info Svc Public Works DCM/ACM Other N/A N/A Originating Dept.: Planning and Develop. Admi U~r Dept.: Planning Attachments: Costs Total Current FY Funding Source: CI OP Other Ordinances SJbmltted by: City Manager Printed on ret.')'c1ed paper o None A ro riation Code: r ",i t " . , j'~' ';.~.,' ,;:' ',;. ".;... , ,.,~ "-,.:' ~ l..'~. .,,, . ~,.. _ h,;..tl ,'_' " '.; '," \&-. Agenda Cover Memorandum Summary Sheet LUZOO-03-02 Page 2 · Based on analysis of compatibility, the proposed land use amendment and rezoning is compatible with the immediate, existing surrounding uses. · The proposed amendment is consistent with the Countywide Plan and the purpose and loeational characteristics of this category. · ' There are sufficient public facilities to accommodate the proposed use that will not be adversely , 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 reviewed this application at its meeting (public hearing) on April 18th, 2000 and recommended approval of all three actions. . The land use plan amendment and rezoning is subject to the approval of the Pinellas Planning Council and Board of County Commissioners acting as the County Planning Authority. . , .i' , " :, '/; . I. " ~ *, \ " '...'. " ' '...... , . .., ~ I . , . " . .' 7 ~.". , \ ORDINANCE NO. 6545-00 Ie?- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BELCHER ROAD, APPROXIMATELY 250 FEET SOUTH OF NURSERY ROAD, CONSISTING OF M & B 33/07 AND 33/05, OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1545 SOUTH BELCHER ROAD, 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: See Exhibit B attached hereto (ANX 00-03-06) . 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 Pine lias 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 A~\P~.,ve~ as t.o form:~ ~'''' V . . .~ .... ..-- . Leslie K. Dougall-SideS Assistant City Attorney Attest: 2. Cynthia E. Goudeau City Clerk Ordinance No. 6545-00 . '.~I! 14eO :L 2100 - r ' , I w~ I' e:::W <I- I ::lZ i ---':1!},~' S{ tJ I ::"J/lIlJ 4 1 Ie: , " --:~Z~ ....J '-' "\ '-.-'.. ..----< ~ ': ~ 0.. ~I U92 w 0.. -I 0.. 0 " C ~~ ~! ';:'-:4-'"' "Jnr- ~ 3.3 .-,~e \ 41/C5 I I ',,61 IMPERIAL GAReENS ,8 C- e, r:-.: :r-<1 _J ._ GABQ~tiL_. -, -' 2100 G ' I I I ' ; - -.- --- c 0' AfJS.. ::? c , ~"4 I I N 2100 - H .~...... __0" .. __ ___ , I I I .,. 1842.:0.0 0 0 '" ., n. ~'_t~ ~i S~_._. I I (( -:S-"1, ~ I I , ,., '" ~ '. ;:~ \ ~\1 1$00 44/0:: 44/01 150:: ct: I'N' "" J 14.16 '<1"7 ,.,,,, tJSt 14'51 U55 "63 '''61 "';7 I..e3 1-171 '''7~ '/77 tJJj, o -< o a:: )d-. ..".t IU :3 7 ? rDR rrf~~ 10 I, '-.:. c. II ~o;.. I II <f'J' I,~.::.: - I i \\lLLI....JSBUFG./~ Lll- -~;" I ~~, g: 7 Z '<93 S 99-52 /499 G "B 5-"" '.'Jl- :!.1I NURSERY .'~O--'" 50 q 'n R 3~/C6 4=: 40 '6 ).9. ~8 2& --37" "--56'-1:1 "__. -;;r<;rR'CT Rlli:,':~[r' 9 !.63~-' 7 . --- '. OAKBR qK.__ VILLAGE "', 34 I 10 3~ /);:~", {// "CONDO 11 -'/'/ "~ /,--~ / / / / ,r-- u____. III 3:/(/ 2~_ ;; ~-~~? ~~- /r..''-,. / ,--, , / '" V / 24 is 17 ; -,13 // ) .-, ,-. I E'/ :6 //'~~~~1,,9 73-11~~: '--' ; _ ~.//~~ - [. '_20-~'.: _.: I w_ _7/:;, 14! / '--.------' 7 e :.}/" o ~ .. PROPOSED ANNEXATION AND ZONING CLASSIFICATION I Case:__ .Ai'1 XGC- 0.)- G6 fROPERTY DE,SCRIPJ-ION:--- 1545 S E,e~r::-:er Pead tvl & a :5:5 / J 7 2.: .3 :) / O:l ____ I PROPERTY SIZE ACRES: I I I SEC: BOARD:~:; l''3,2~~-o-I~ITY' COMMISSION: M(lY lB, 2C{)D-- Gr~oler Clecrwater Association of Reoltors, Inc. OWNER: ADDRESS: 1545 S. Belcher Road Cleonvater, Fl. 337()4 LAND USE PLAN ZONING FR.OM: TO: R/OG r-. /(\~ i"'~ / uK P-l (County) CCI:lmercial ATLAS PAGE: 317;' COMMUNITY DEVELOPMENT 1. 76 Right-of-way Size Acres: TWP: 29'3 RANGE: 16E 19 Exhibit "A" E'aca~&d\drawlngs\AOO.06 dwg, 03/2 WO 02 5655 PM, ClwlPWA (EA) Ordinance ~o. 6545-00 (d- EXH! BIT 8 PARCEL, I ^ p C\ r eel 0 f 1 and in the Sou t. h '.I{ ~ 9 t 1 / 1 0 r: l.: h e Sou l:. h...... est: 1/1 c f S9ct.icn 19, 'rownshi;> 29 Sou~h, ?anga 16 .r.:ast:. fut'l:h~1." uescl:ibed aD follo.....s: C011':.nenc~ a.t the Northwest corner of the Souch.....esl::. 1/ct of the Soul::.h'l'I'est ~/4 of Section 19, "I'o'..rnship 29 South, Range 16 East C\.lH\ t'Wl S:Juth 00 d~9' 01' 41" East alol\g the Wast line of the Southwe.st 1/4 of the Sout:hwest 1/4. of said Secciol\ 19, 'fownship 29 Sout:.h, Range 16 East 33 feet; thence South 89 cleg. 09' 04" East p~rallel to the 40 acre line and along the South right of .....ay liti.~ of Nursery Road 290,00 feet; th~nce continue Sou\;h 00 cl9g. 01'4111 East 207,00 feet for a Foint of Seginning; th9t1Ce continue Soul:.h 00 deg, 01'41" East 144.00 feetl chence Worth 89 deg. 09' 04" Hest 230.00 feet to a point on the East. right of way line of Belcher Road; thence North 00 deg. 01'41" West along ocd.-1 right of way line 14.4..00 feet; t.hence South 89 deg. 09'04" :=ast ~30.00 feet to t:he Point ~f Beginning, all lying and being in Pinellas County, Florida. Less; road right of 'Way, .... . .;, ~1d a parc.:el 0 f 1 and descr ibed as follows: F1:'om the Northwes to corner of the' 'So'~th't/es t 1/4 0 f the Sout.hwest:. 1/4 of Section 19, Township 29 South, Range 16 East, run South' o 0 de 9 .' 0 l' 4. ~ 'I E a. s t , a 10 n 9 the We s t 1 i 1\ e 0 f . a a i cl See \:. ion. 19, . . 384,00 feet; thence South 89 deg, 09'04" Ea.st, 50.00 feet \;0 the r;ast right of way line of Belcher :t{oad for a Point ofOeginning, ,thence South 89 deg. 09'04" East, 433.00 feet; thence South 00 d~g. 01'4.1" ~ast, 1G2.20; thonce Horth a8 deg. 53'4211 Hest, 433.04 feet to the East right-of-way line of Belcher Road; thence north 00 deg, 01'41" We~t, 160.26 feet \:.0 the Pain\: rJf Beginning, Less and Excep~ that part thereof conveyed to Cleal~ater Oaks Eank by Deed dated March 13, 1975 and filed March 21, 1975 in D,R. Eook 4271, Page 896, as follows: From the Northwest corner of t:he Southwest 1/4 of the Souch'l'Ies\:. 1/4 of said Section 19, To.....-nship 29 South, Range 16 East, run the nee Sou t 11 0 0 de g. 0 1 ' 4 1 \I E a s to a 10 n g t.: he See l: ion 1 in e 40. 0 o. .-:._ .-. fee t ; l: hen c e Sou t: h 8 9 de g, 0 9 ' 0 4 II . E a s t:. par a 11 e 1 t 0 t.~ e : f<f:. a .or e:..:: r:: '\ 1 ~l\e SO, 00 fe et to the in ters ec.: tion ,wi t h t.he E~s t. '~i9ht~. c?f : w~y ;-"_ \ r> . llne of Belcher Road, thence South 89.:.deg. 09'04";~.~~t.:".p;q:C\1'l:et:"- 1.....\ ' to the 40 ac!:e line 230 feet. along\:.he .Hauth rightt-o-f.--way ltne 1\ \:" . . -,\ '. I' (~ I' ;-\ J' > 1. :.,1 ~. t:: > '.,.>.:". "J"....: ~.' ,1,' ,,<,::",,', ':',. EXllIBI'l' IS of Uu:ae:-y R~ac.1 fo!:' Point. of Draginning; thence continue South 00 deg. 01'41" East, 505.29 feel:.: thence South 88 deg. 53'42" F.:"s\:, J 1 · 0 0 ( (! e t ; t; he 1\ C ~ U 0 1.: t bOO d 2 g. 0 1 ' 11" H '2 Z t , S 0 5 . It 3 ( Q e l: H, 0 . f" . to t;h~ iut:el"s~ction with l:he S~ul:1L l:igl\\: of Wi\Y line 0,(; Nl.\l'S~t.y J'lo ad: t.:. h ~ n = e }~ 0 r I,: 11 B 9 de g. 0 ~ ' 0 1." \01 e 9 t , 3 1 fee t al 0 n 9 \.:. he 5 0 \\ t h t"igh~ "01: ......ay line of ltursel"Y Road to Point or; Deginaing. /\lso less and except; that pal:~ Jying E~s\:. of that propel:l:y conveyed in O.R. Book 1271, ~ag~ 896, PubliC:: Recorda of Pillello.s County, Flcrida. ,. " . i . , , Pl\,RCEI.s II I ^ parcel of land ill t.he Soutln.:esl: 1/4. of \:he Southwest 1/1 or: SeCtion 19, 'l'o\ornship 29 Sou~h, Rsng~ 16 East, . furth.~r deSCl:ibacl,:.' 2.8 follow~: ;: ;' .:-....:: ,':'.;' _ ,:--,.:-.,: ':>7:~.::~':;~' .' ",'.... . : .... . . .. COlt:!l\C!rlCEl a.\: t:he Nortlv....es\:. COrnel: of l:.he Southwest:. 1/4. o'f 'l:.'h~'" . South...test:. 1/1 of Sec\:ioll 19, 'roW'l\ship ?-9 Sout::h, P-.C\nge 16 Eas\;, anc1 rUl'l Sou\:h 00 deg. 01' 4111 East:. along the West:. line of .\:hs . Soul:.h',olaet 1/4. of t:.he 'Southwest 1/1 o~ said Sec\:.ion 19, 'l.'owl1ship 29 South, P.anga lG Easl: 33.00. feet:.; thence Soul:h 8~ clay, 09' 04" East. parallel t:.o l:he 40 acre line anc:l along the So\\th right. of . way line of Nur:sery Road 250.00 feet: t:o l;h~ PrJlnl: of Begilluing; thence eonl:.inua Souch B9 d~'g. Q9' 04" East along a~id South right of way line 30.00 feet! \:.hence South 00 cleg. 01'4.1" East 207.00 feet, thral\ce l'tort.h 89 d.eg. :09' 01" West 3Q .00 feet:.: thence H01:l:.h 00 deg. 01' 4.1" West. 207.00 :!eel; 1.:.0 the ~oil\l: of Doginnillg, {\11 lring anc.l bging in Pinellas Couuty I Floriua. . . .,' . .' . ",' :,t .' ".' p." ", , ' .. ' Id- ORDINANCE NO. 6546-00 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 ON THE EAST SIDE OF BELCHER ROAD, APPROXIMATELY 250 FEET SOUTH OF NURSERY ROAD, CONSISTING OF M & B 33/07 AND 33/05 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1545 SOUTH BELCHER ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICElRETAIL 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, therefcre, 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 See Exhibit A attached hereto (LUZ 00-03-02) Land Use Cateqorv Res ide ntiallOffice/Retail 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. 6545-00, and 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A~p~ved as to 10M 0.-1~le 1/' ~4 Leslie K. Dougall':Sidel) Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6546-00 . ',1' . . 'f'. <,' ORDINANCE NO. 6547 -O~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BELCHER ROAD, APPROXIMATELY 250 FEET SOUTH OF NURSERY ROAD, CONSISTING OF M & B 33/07 AND 33/05 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1545 SOUTH BELCHER ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. ~J-- WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE 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: Property See Exhibit A attached hereto (LUZ 00-03-02) Zoning District Commercial (C) 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. 6545-00. 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. 6547-00 ;<" ; 13C\ May 11,2000 de GuardiolalRenaissance D.owntown Redevelopment Project TERM SHEET 1. For the purpose of this Term Sheet, the following terms shall have the meaning set out below: a. "Additional Tax Increment" shall mean the tax. increment paid to the CRA from time to time less the existing tax increment on July 11, 2000 and less the future tax increment previously' committed by the CRA to the IMR Global Project. b. "Bayfront" means that portion of the lands located to the west of Osceola between Pierce and Drew depicted on Exhibit 1 attached to this Term Sheet. c. "Bayfront Park Inlprovements" means the improvements to the Bayfront depicted in the Master Plan of Development including the removal of existing pavement and installation of landscaping material and the waterfront promenade. d. "City Hall Parcel" means the land on which the existing City Hall and the City Hall parking lot are located. e. "Civic Space Project''' means an addition to the New ?vlain Library containing seventeen thousand (17,000) square feet of office floor area, an auditorium with capacity for one hundred and fifty five (155) persons which is comparable in access, finishes and equipment to the existing City Hall and ten thousand (10,000) square feet of flexible meeting room floor area. f. "Cleveland Streetscape Improvements" means sidewalk, median and landscape improvements on Cleveland Street between Osceola and Myrtle. g. "Community Redevelopment Project Public Improvements" means the public improvements identified in the Master Plan of Development, including: 1. Bayfront Park. 2. Osceola Place. 3. Botanical Garden. 4. Civic Space Project. 5. The Grand Steps. -1- I ' .1, I "r.,~ .....' '\1' . .....l.~ 11'~,' "t",/~.j,,/1.. ''''/ ....': .,. ,.,~.4 ,1'0',' 6. Cleveland Streetscape Improvements. 7. Cleveland Square. 8. Memorial Causeway Bridge Pier. 9. Osceola Streetscape Improvements. 10. Parking garage open to the public located on the block surrounded by Ft. Harrison, Drew, Osceola and Cleveland. 11. Parking garage open to the public located on the City Hall Parcel. 12. Parking garage open to the public located on the Station Square Parking Lot Parcel. 13. Station Square Park Improvements. 14. Any other public improvements shown on the Master Plan of Development except for the conservatory. h. "Fort Harrison Parcel" means any land owned by the City of Clearwater which is located in the block surrounded by Fort Harrison, Drew Street, Cleveland Street and Osceola Street. i. "Harborview Parcel" shall mean the parcel of land on which the existing Harborview Center structure is located and the area hnmediately north and west of the existing Harborview structure along Osceola as depicted in the Master Plan of Development. j. "Library Parcel" means forty thousand (40,000) square feet of useable floor area on the ground floor of the New Main Library site as depicted in the Master Plan of Development. k. "Master Plan of Development" means the concept plan prepared by de Guardiola/Renaissance which is attached as Exhibit 2. 1. "Memorial Causeway Bridge Pier Parcel" means the portion of the existing Memorial Causeway bridge which is depicted in the Master Plan of Development for redevelopment asa pier with kiosks, a restaurant and a marina. m. "New Main Library" means a newly constructed library containing forty thousand (40,000) square feet of restaurant and retail floor area at ground level, at least fifty -2- , "f-' .,': t',",....f . ""'j,.' 'O. .. ",," j :(', '.1' .,' ,'" '!: ".'~' ~.~~,:,:..I'~' five thousand (55,000) of library floor space and the Civic Space Project which is to be located within the footprint of the building(s) depicted in the Master Plan of Development southwest of the intersection of Drew and Osceola. n. HOsceola Park" means the public park included in the Master Plan of Development which is located on the top of Clearwater Bluff between the Harborview Parcel and the Library Parcel. o. "Priority Public Irnprovements" mean the first, second and third priority public improvements. p. "Stage 1" means, at a minimum, the following elements of the private development depicted in the Master Plan of Development: the proposed development within the area bounded on the west by the Bayfront, on the south by Cleveland Street, on the east by Ft. Harrison and on the north by Drew Street. q. "Stage 2" means, at a minimum, the following elements of the private development depicted in the Master Plan of Development: the proposed development within the area bounded on the west by the Bayfront, on the south by the southern boundary of the property owned by the Calvary Baptist Church property which is located south of Pierce Street, on the east by Osceola and the north by the Calvary Baptist Church. r. "Station Square Parking Lot Parcel" shall mean the municipally owned parking lot inlffiediately to the east of Station Square Park on the north side of Cleveland Street. s. "Tavern on the Bluff Parcel" shall mean the right to construct a restaurant in the Osceola Park with a footprint of not more than seven thousand and five hundred (7,500) square feet in the location depicted in the Master Plan of Development together with the right to provide outdoor cafe seating on common areas adjacent to the restaurant and public amenities such as public bathrooms and other similar convemences. 2. The City shall lease the Fort Harrison Parcel, Tavern on the Bluff Parcel, the Harborview Parcel, the City Hall Parcel, the Library Parcel, the ~1emorial Causeway Bridge Pier Parcel and the Station Square Parking Lot Parcel to de GuardiolalRenaissance for a term of ninety- nine (99) years at a rent of one dollar ($1.00) per year. 3. Commencing in the fiftieth (50th) year of the lease term for the City lands, de GuardiolalRenaissance shall pay additional rent to the City of Clearwater in an arnount equal to seven and one half percent (7.50/0) of the assessed value of the land for the Fort Harrison Parcel, the Library Parcel, the Tavern on the Bluff Parcel, the Harborview Parcel, the City Hall Parcel, the Memorial Causeway Bridge Pier Parcel and the Station Square Parking Lot Parcel. Where any of the parcels leased to de Guardiola/Renaissance are jointly used for -3- public purposes and private purposes, de GuardiolalRenaissance shall pay a rent only for that portion of the parcel which is private. 4. At the City's option, the term of the leases may be for a term of sixty (60) years provided that upon the end of the term of the leases the City shall pay de GuardiolalRenaissance the fair market value of the private improvements then located on the leased parcels, assuming a forty year useful life. In the event the City selects the sixty (60) year term, the additional rent provided for in paragraph 7 below shall commence in the thirty first (31) year. 5. de Guardiola/Renaissance shall construct the New Main Library for the City and shall be reimbursed by the City for the cost of construction (including all hard and soft costs) for those portions of the building which are not a part of the Civic Space Project or the forty thousand (40,000) square feet of retail and restaurant floor area. de Guardiola/Renaissance shall engage the design services of the City's selected architect for the New Main Library project. 6. de Guardiola/Renaissance shall ensure that the common areas of the Fort Harrison Parcel, the Libnuy Parcel, Tavern on the Bluff Parcel, the Hurborview Parcel, the City Hall Parcel, the Memorial Causeway Bridge Pier Parcel and the Station Square Parking Lot Parcel are open to the public at all times, subject to reasonable security, operational and maintenance considerations. 7. de Guardiola/Renaissance shall be responsible for the operation and maintenance of the common areas depicted in the Master Plan of Development which are located west of Osceola except for: a) set up and clean up after events promoted in the common areas by public or private entities other than de Guardiola/Renaissance; b) the cost associated with any special gardens involving unique or rare plant material which may be included in the botanical garden; c) the conservatory; and d) [my public improvements not depicted in the Master Plan of Development. de GuardiolalRenaiss[U1ce shall be entitled to a credit against its rent obligations for the costs incurred by de Guardiola! Renaissance for the operation and maintenance of the common arcas west of Osceola. In the event that the annual cost of operation and maintenance exceeds de Guardiola/Renaissance's annual rent obligations, the excess credit shall be carried forward to future years and interest in the amount of seven and one half percent (7.5 0/0) shall be imputed to such carry forward. In the event that the excess rent credit carry forward exceeds de Guardiola/Renaissance's total rent 0 bligations, the City shall have no obligation to repay de GuardiolaIRenaissance for such unused credits. 8. de GuardiolalRenaissance shall provide sufficient parking spaces in the development of the Station Square Parking Lot Parcel to replace the number of existing surface parking spaces. 9. de Gllardiola/Renaissancl~ shall, at a minimum, carry out or cause to be carried out the development of the public and private improvements depicted in the Master Plan of Development, including a multiplex cinema. 110t less than one thousand and two hundred -4- (1,200) residential units, the Tavern on the Bluff, the renovation of street retail in the 400 Block of Cleveland, all required public parking and all Community Redevelopment Project Public Improvements. 10. de GuardiolalRenaissance shall file applications for all required permits and approvals for Stage I within twelve (12) months of the execution date of the leases with the City for the Library Parcel, the Tavern on the Green Parcel, the Harborview Parcel, the City Hall Parcel, the Memorial Causeway Bridge Pier Parcel and the Station Square Parking Lot Parcel. de GuardiolalRenaissance shall commence construction within six (6) months of the issuance of all of the permits or approvals required for the construction of Stage I, subject only to conditions offorce majeure. 11. de Guardiola/Renaissance's obligation to construct Public Improvements is subject to the issuance of permits from local, state and federal governments. 12. de GuardiolaIRenaissance's obligations to construct the Cleveland Streetscape Improvements shall be subject to the limitations imposed by the Department of Transportation of the State of Florida until Cleveland Street has been de-designated as State Road 60. 13. de Guardiola/Renaissance shall commence construction of Stage 2 as soon as practicable after de Guardiola/Renaissance takes possession of all of the private property within the boundaries of Stage 2. 14. de GuardiolalRenaissance shall be responsible for providing adequate parking to serve the development contemplated in the Master Plan of Development including the New Main Library. 15. The City shall use its best efforts to secure the de-designation of Cleveland Street as State Road 60 as soon as possible. 16. The City shall reimburse de GuardiolalRenaissance for public improvements to the Bayfront which are constnlcted by de Guardiola/Renaissance with the $2,000,000 of Pennies for Pinellas funds previously designated for the Bayfront Parle 17. The City shall reimburse de Guardiola/Renaissance for public improvements to the New Main Library, other than the Civic Space Project, with funds previously designated for design and construction for the New Main Library. 18. The CRA shall reimburse de Guardiola/Renaissance for Community Redevelopment Project Public Improvements with the Additional Tax Increment, subject to the following terms and conditions: a. The CRA shall not reimburse de Guardiola/Renaissance for any public improvements -5- . ". ~ .... ..;.. ........;., ' ,:' J. . "'f ) .~ .:.~,~:..".., .':, '"., I 'r...:. ",':'" .'-.r~...' , -':..t',':, '..' .,".t'; ,,". t:,'.. '.' "." . ': ',', \', ,,' ,,"I ',"," If with the Additional Tax Increment until the Additional Tax Increment is used or committed for the Priority Public Improvements, which reimbursement shall be in the following order of priority:. 1. Civic Space Project. 2. Cleveland Streetscape Improvements. 3. Bayfront Park Improvements. b. As a condition precedent to reimbursement, de GuardiolalRenaissance shall provide the City with a sworn statement of costs incurred by de GuardiolalRenaissance in an amount equal to any reimbursement requested by de GuardiolalRenaissance. c. Except for the Priority Public In1provements, de Guardiola/Renaissance shall have the discretion to prioritize the construction of the Community Redevelopment Project Public Improvements to coordinate the public and private improvements provided for in the Master Plan of Development in a logical and efficient maImer. d. Compliance with all requirements under Part III, Chapter 163 Fla. Stat. (1999). 19. The City shall grant de Guardiola/Renaissance a license to use the Amphitheater: a) for the presentation sixty (60) conunercial entertainment productions on at least sixty (60) days; and b) a first right of refusal for any additional dates not used by the City or other public or non- profit entity for the presentation of additional commercial entertainment productions. 20. The City shall provide de GuardiolalRenaissance with taxable industrial development revenue bond financing for revenues guaranteed or otherwise secured by de GuardiolalRenaissance up to a maximum of twenty-five million dollars ($25,000,000.00). 21. The CRA shall provide de GuardiolalRenaissance with tax free tax increment bond financing based on the Additional Tax Increment. 22. When requested by de Guardiola/Renaissance, the City and the CRA shall use their best efforts to assist de GuardiolalRenaissance in regard to required permits, approvals, grants or other assistance from other agencies of government. 23. The City shall undertake all necessary and appropriate steps to establish a special assessment or other revenue sources to pay for the Amphitheater building and the Conservatory and any other public improvements which would enhance the success of the development proposed in the Master Plan of Development. -6- 13 b. ORDINANCE NO. 6559-00 AN ORDINANCE OF THE. CITY OF CLEARWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER TO ADD SUBSECTION 2.01 (d)(8) FOR THE PURPOSE OF AUTHORIZING THE DEVELOPMENT AND REDEVELOPMENT OF CERTAIN MUNICIPALLY OWNED REAL PROPERTY LOCATED IN THE DOWNTOWN, A LEASE OF CERTAIN PROPERTIES FOR A MAXIMUM LEASE TERM OF NINETY-NINE YEARS, AND THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN THAT AREA WEST OF OSCEOLA AVENUE BETWEEN DREW STREET AND PIERCE STREET LYING BELOW THE 28-FOOT MEAN SEA LEVEL ELEVATION; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 17, 2000, the City Commission selected the team of deGuardiola Development Inc., as the Master Developer for Downtown Clearwater (hereinafter referred to as the Master Developer); and WHEREAS, as a result of negotiations between the City and the Master Developer, it has been determined that it is necessary and in the public interest and in furtherance of the general welfare of the citizens of Clearwater to facilitate downtown redevelopment by leasing for redevelopment certain City-owned real properties for a term of 99 years; and WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations, contains certain limitations on the legislative power of the City Commission; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(5). Real Property, contains certain restrictions on the Commission's authority to sell, donate or otherwise transfer City- owned real property; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(i) provides that property must be declared surplus prior to the sale, lease or donation for a term of longer than five years; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(ii} provides that property declared surplus must be sold to the highest bidder above the appraised value; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(v) prohibits the lease of property which is identified as recreation/open space on the City's Comprehensive Land Use Plan without prior approval at referendum; and 1 Ordinance No. 6559-00 :. / ~:... t~ .:..'.1....'1.:~.,.' 10;"',"'1". '.,,' r,.(..~..:,'..~t....t.'.t'l' :'.4~.; "~,, '0' ~"..:\f""l~..l "'\'~:~',':/..'.7:_' "~ WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(vi) prohibits vacating of any right-of-way or easement which provides access to the water's edge for a private benefit; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(vii) prohibits the lease of property for an initial term of more than 30 years and a renewal of more than 30 years, and limits total lease for a period not to exceed 60 years; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(viii) requires recapture and reverter clause on leases of municipal property; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(6) prohibits the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum; and WHEREAS, the Clearwater City Charter Section 2.01 (d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; WHEREAS, the proposed Master Development Plan attached hereto as Exhibit A has two phases which contain private and public improvements as identified therein; and WHEREAS, implementation of the projects described or identified in the Master Plan of Development requires that the City lease to the Master Developer for a term not to exceed 99 years, certain properties owned by the City of Clearwater depicted in Exhibit B attached hereto and generally described as follows: 1. The Library Parcel: located at the southwest corner of Drew Street and Osceola Avenue, having a building footprint of approximately 50,000 square feet, a portion of which falls below the 28-foot mean sea level elevation, which parcel will include 40,000 square feet of restaurant, retail floor area at the ground level constructed under a lease with the City by Master Developer, and minimum of 55,000 square feet of library floor space to be owned by the City and civic space to be owned by the City and developed by the Master Developer; 2. The Harborview Parcel: the footprint of the existing structure (78,000 square feet MOL) located at the northwest corner of Cleveland Street and Osceola Avenue, a portion of which lies below the 28-foot mean sea level elevation, plus an additional 11,000 square foot footprint on Osceola Avenue and an additional 6000 square foot footprint on Cleveland Street; 3. The Tavern on the Bluff Parcel: a 7,500 square foot restaurant and associated outdoor cafe seating and public amenities, such as public bathrooms and similar 2 Ordinance No, 6559-00 conveniences, located between the Library parcel and the Harborview parcel, lying below the 28-foot mean sea level elevation; 4. The Fort Harrison Parcel: land owned by the City of Clearwater located in the block bounded by Fort Harrison Avenue on the east, Drew Street on the north, Cleveland Street on the south and Osceola Avenue on the west; 5. The Memorial Causeway Bridge Pier Parcel: the portion of the existing Memorial Causeway bridge to be redeveloped as a pier with kiosks, a restaurant and marina at such time when the property comes under the ownership or control of the City; 6. The Station Square Parking Lot Parcel: the municipally owned parking lot immediately to the east of Station Square Park on the north side of Cleveland Street; 7. The City Hall Parcel: that portion of the existing City Hall and City Hall Parking Lot located at 112 Osceola Avenue lying above the 28-foot mean sea level elevation; and WHEREAS, the City Commission of the City of Clearwater having held a duly noticed public hearing, hereby finds that the Downtown Master Plan of Development is necessary in the interest of the public health, safety and welfare of the citizens of the City; now therefore: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Commission. Section 2. In furtherance of the implementation of the projects described or identified in the Downtown Master Plan of Development proposed by deGuardiola Development, Inc., it is hereby proposed that Section 2.01 (d) of the City Charter be amended to add a new Subsection (8) as follows: (d) Limitations. The legislative power provided herein shall have the following limitations: * * * * * (8) Notwithstanding and as an exception to anythinQ contained in section 2.01 (d) herein, the City Commission is authorized to: (a) lease for redevelooment certain municipally owned real properties in the Downtown for a term not to exceed 99 years and for less than fair market value, 3 Ordinance No, 6559-00 (b) permit the use, development and maintenance for public improvements. certain municipally owned real properties in the Downtown all as identified in Ordinance 6559-00 and the Downtown Master Plan of Development. Section 3. A referendum election is hereby called and will be held on July 11, 2000, at a special city election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: Lease. Development and Use of Certain City-owned Real Property in the Downtown Shall Section 2.01 (d)(8) of the City Charter be adopted to permit the lease of certain real property in downtown Clearwater for a maximum term of 99 years and the redevelopment of City-owned lands located in the Downtown as identified in Ordinance 6559-00 and the Downtown Master Plan of Development? Yes For amendment to City Charter No Against amendment to City Charter Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on July 11, 2000. Section 5. 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: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 4 Ordinance No. 6559-00 ., . . ' . . . . .. . . . , '. .' . . . 'J '. . . " . ~ .. ,.. \- - . IN .. III \~ II~ ,~, . ~-'i k . ~~:Jl" .Ii . , " : ..,.:" ~'\' 'HI ~ ~ ~I d . I , J. ~~/) ~~~:~ . . I\;A 1~ .r- 'l~fh ".~;/'Il l,-.. .. I . !. '\:;.1 ~ .,:' .: <"if~"",,, ,.' 'f,J '. f,;i:t~;:.;., ".... . f.... .,.,\\' . '"', :t~~:.. . . , ., ',' { > <C C o I- a: w .... e( :s: a: <C w .J o I;'.' : w > - I- U w a.. tn a: w a. ...I <( - a: w <I: z o - I- - c z o o G Z - .... en - >< w f \ ; ) i ) --_/ --- "'\ 1, I I , I ~,,-_.) ._--....... P (~~-:Jl i f i I I .._--- ........ -", I I I , , I i i I \ ) ----......; I " Z <C -I D. W :E: l- Ll. 0 tn .... Z W Z 0 ~ D. Q.) :E . ~ 0 ~ 0 CL) ~ ~ ~.< 1 ,._----~, .- -- ......- .-"".- (: tt' ~ mm"'~~ J' tt ...... u (.. _. : . f--"'=~~n~,,;l J~ ': II):!\. 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I <( 0 - ::It \'I , ::l! ,rn' I-t:ll- ~~,:' I~ ~ '. 0 ~ ~~ ,f:: ~ ::::---, eJ..!!! fA7:J;'~ ~~ w;~ i[$~ N,W <(/.~,~ I t'G\, 1. '~~y .1{~ :~Il~~;~ ~ ~-j~ ~~-:l{:);., iri"'~.J..:~' .~ ',#'''~' ~'fu ;"..A'j.;?'~ II> " j,~I~:-' i ,\ ;(.;:;.f.~ ~t i \."}3J ~. ..5. ~ ~ 3: llJ 5= It: o CO ~ ~ :I: .... I ........ " ,f. ,,'~~~~g;}:.;~,\~;~,,"....~,- ' '.\~,.. .'; Item #13c 5~07 RESOLUTION NO. 00-22 13 c, A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A REFERENDUM QUESTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR CONSTRUCTING AND FURNISHING THE NEW MAIN LIBRARY, CONSTRUCTING FUTURE LIBRARY, CIVIC OR MUNICIPAL SPACE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article IX of the City Charter relating to Fiscal Management Procedure requires in pertinent part that II... revenue bonds for projects in excess of olle million dollars be put to referendum with the exception of revenue bonds for public health, safety or industrial development and revenue bonds for refunding"; and WHEREAS, the City Commission of the City of Clearwater has determined that it is in the best interests of the citizens of the City of Clearwater to construct and furnish a new main Library located in the area generally described as the Southwest corner of Osceola Avenue and Drew Street; and WHEREAS, the City Commission of the City of Clearwater has determined that it is in the best interests of the citizens of the City of Clearwater to construct additional "shell" space in the Library structure for future expansion of the Library or other municipal uses, including but not limited to municipal office space and civic meeting space; and, WHEREAS, it is anticipated that the construction and furnishing of the Library and construction of the future expansion space will require the City of Clearwater to issue revenue bonds in an amount not to exceed $15,000,000 using Pennies for Pinellas funds; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, A referendum election is hereby called and will be held on July 11, 2000, at a special city election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: PENNIES FOR PINELLAS BOND FOR MAIN LIBRARY AND EXPANSION FOR LIBRARY, CIVIC OR MUNICIPAL USE Shall the City of Clearwater be authorized to issue revenue bonds in a principal amount not exceeding $15,000,000, bearing interest at rates not exceeding the legal rate and maturing over a period not exceeding 10 years from the date of issuance of such bonds, to finance the cost of Resolution No, 00-22 '1\ f """'1", \3c I .' constructing and furnishing a library and expansion space for library or other municipal uses located at the southwest corner of Drew Street and Osceola Avenue? Yes For bonds ',. ~ No Against bonds Section 2. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on July 11,2000. Section 3. The City Clerk is directed to give notice of the election in the manner prescribed by Section 100.342, Florida Statutes. Section 4. This resolution shall take effect immediately upon adoption. Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ~1jl , Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 00-22 d YlJ R I~ ORDINANCE NO. 6522-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON NOVEMBER 16, 1989, INCLUDING AMENDMENTS TO THE FUTURE LAND USE, TRANSPORTATIONrrRAFFIC CIRCULATION, HOUSING, UTILITIES, COASTAL ZONE MANAGEMENT, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS; MAKING SUBSTANTIVE CHANGES AS RECOMMENDED IN THE EVALUATION AND APPRAISAL REPORT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Commission of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3191, Florida Statutes, requires each local government to produce a periodic evaluation and appraisal report of the Comprehensive Plan; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting necessary studies and surveys, the collection of appropriate data, and public participation through public hearings, the dissemination of proposals, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the eity~ has held a public baring on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comment, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Commission, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and Ordinance No. 6522-00 " <', > t...... l~ WHEREAS, the City Commission finds it necessary, desirable, and proper to adopt the amendments to the goals and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Purpose and Intent. This ordinance is adopted to carry out the purpose and intent of , and to exercise the authority granted pursuant to, the Local Government Comprehensive Planning and land Development Regulation Act, and more generally to exercise the authority granted pwsuant to the Florida Constitution and the Charter of the City of Clearwater. The provisions of this ordinance and the Comprehensive Plan amendments as adopted by this ordinance are declared to be the minimum requirements necessary to accomplish the purpose, intent and objectives as set forth herein and in the Comprehensive Plan as adopted on November 16, 1989 and amended thereafter. Section 2. Amendments to the Adopted Plan. The amendments to the Comprehensive Plan of the City of Clearwater, as set forth in Exhibit A attached to the original of this ordinance, are hereby adopted. Section 3. Severability. If any provision of this ordinance or of the Comprehensive Plan or amendments as adopted by ordinance should ever be adjudicated invalid for any reason, such provision shall be deemed severable from the remaining provisions of this ordinance and the Comprehensive Plan and amendments to the extent that the remaining provisions may independently be valid and enforceable. Section 4. Effective Date. TIus ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING April 20, 2000 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. 6522-00 j c! at IC i Jg ,;~ ~~ S~ II) E ~ C) c: iii QJ J; ~ :s Q. Ii ~ ... c .. .8 e :s Z "0 iii ~~ .~ ~ c: ~ J ... ! to ::I r::r e I;: >- .c - CZl~_ 1iilc:C ts g ~ ~'i-g e- 'C C'D ll.~~ U) B '~ ~ c: (3 c: o := g':a '0 'C CCO m'O .s~ fJ)2 U) a. 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'. :... , " :. ~.'.~' .~I. sBS J-- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item It ~ Meeting Date: 05/18/00 SUBJECT IRECOMMEN DA liON: Approve the expenditure $165,000 and authorize the City Manager to execute a contract and license supplement for the purchase of a Computer Telephony Integration System from SFG Technologies, Inc.; approve the expenditure of $26,218 to Sprint Telephone of Florida to upgrade and expand the Meridian phone switch which services the Municipal Services Building; approve as-year interfund loan in the amount of $165,000 from the Central Insurance Fund, [&J and that the appropriate officials be authorized to execute same. SUMMARY: . This purchase of the telephony and IVR components of the Customer Information System (CIS) project were part of the original CIP approved on 06/18/98. The CIS computer database, and customer service application were successfully implemented in October of 1999. . The purchase of the telephony and IVR system is being funded through a loan from the Central Insurance Fund for which debt payments have been budgeted. . Total cost of this project is estimated to be $191,218. Project cost breakdown includes: . Software $ 95,000 (CIS Project CIP; 315-94257) . Installation and Professional Services $ 70,000 (CIS Project CIP; 315-94257) . Meridian Phone Switch Upgrade $ 26,218 (Telecommunications CIP; 315-94738) Total $191,218 . The computer telephony and IVR systems will improve customer service response by: 1) optimizing the routing of incoming customer calls; 2) coordinating outbound service calls with customer database pop screens and service representative availability; 3) performing automated call campaigns for service information and marketing, and 4) providing basic e-commerce services including e-mail inquiry, web callback requests and online chat capability. . The Meridian phone switch will be expanded with additional hardware and upgrade with software to accommodate the increased call load and routing requirements while maintaining the current service capacity with the Municipal Services Building. Other N/A Originating Dept: Clearwater Customer Service I Total User Dept. Strategic Business Services Public Works Solid Waste Attachments Costs $191,218 Reviewed by: , Legal ~ Budget ..., 'lJ Purcoasing t Risk Mgmt Finance l...1 Submitted by: City Manager Printed on recycled paper Info Srvc Public Works DCf'vll ACM ~jv ~ N/A Current FY $191,218 Funding Source: ClP x o None Appropriation Code: OP Other 315-94257 (CIS CIP) 315-94738 (Telecom CIP) Rev. 3/98 G51- Clearwater City Com mission Agenda Cover Melnorandum V\brksession Item #: Meeting Date: TI ~_:J ~ . ()O Final Agenda Item # SUBJECTI RECOMMENDATION: Authorize funding of the capital project called II SPJC Field Site Developm ent" with an additional $47,997 to be provided by a third quarter blJdget amendment from the un-appropriated retained earnings of the General Fund, o and that the appropriate officials be authorized to execute sam e. SUMMARY: ~ In February 2,000 the City Commission approved the funding of capital project "SPJC Field Site Development" in the amount of $50,000 to ascertain the suitability of the site as a preliminary choice and possible future site of a new sports stadium, . A purchase order (P.O.), was issued to Tampa Bay Engineering (TBE) in the amount of $36,460 to conduct a subsurface investigation, The environmental investigation was halted in the early stages pending clarification of liability issues by SPJC and the City's legal council. . The resolution arrived at by legal council for SPJC and the City of Clearwater has resulted in a revised scope of work by TBE. This revised scope of work is less intrusive and allows for increased subsurface groundwater and soil analysis. II Additional funding, in the amount of $37,997 is required to cover the increased scope of work. Additionally, funding is being requested for the payment of attorney's fees in the amount of $10,000 to Akerman, Senterfitt & Edison, P.A, for services of William L. Pence, the environmental attorney consulted by the City's Legal Department. Initial Funding $50,000 Initial Funding $50,000 TBE PO encumbrance Additional encumbrance to TBE per change order Subtotal 36,460 Additional requested 47,997 $51 ,537 $87,997 Attorney's fees Total 10,000 $97,997 Total $97,997 . The total additional funding requested is $47,997, bringing the total project funding to $97,997, Funding for these issues will be provided by a third quarter amendment transferring 47,997 from the unappropirated retained earnings of the General Fund to capital project 315-92829. SPJC Field Site Development. Reviewed by: Legal ~ Budget ~ Purchasing ~ Risk mgt NA Info Srvc NA Public V\brks - /iZ"P OCM! ACM I Other Costs 47.991 Attachments Funding Source: Current FY 47,997 CI X OP Other Submitted by: City Manager Printed on re led paper o None Appropriation Code: 315-92829 i!" riE 3S~ {l ENGINEERS PlANNERS 'Ouo/,~ By Design. TAMM MY ENGlHfEIUNG,INC. A TEE CRCXJP COtI.PAl'-.JY Date: CITY OF CLEARWATER ENGINEERING DEPARTMENT TOE WORK ORDER INITIATION FORM City of Clearwater SPJC Drew Street Property Site Suitability Study (Change-Order) May 1, 2000 ~ Project No. BFJ-050400 Cjt)' Project No.- 1. PROJECT TITLE SP JC Drew Street Property Site Su itabi lity Study 2. SCOPE OF WORK The purpose of this <:hange-order is to revise the scope of work required to complete an investigation of the former landfill property located on Drew Street currently owned by the St. Petersburg Junior College (SP JC). This study is limited to those elements agreed upon by City and SP JC representatives and their legal council. The notation ue completed)" indicates that task has been completed as of the date of this revised proposal. Ground-Penetrating Radar Study (completed) - TBE will conduct a GPR field investigation of suspect areas identified by the historical evaluation. The investigation will include establishing a grid baseline, conducting the GPR study, interpreting data in the field, and providing a more detailed office interpretation if necessary. It is suspected significant field decisions will be made regarding the extent and detail of the GPR study. Daily costs include a TBE geologist, a TBE environmental technician, TBE GPR equipment and sampling vehicle Exploratory Augers - TBE will coordinate exploratory augers (estimate 45 total) to help classify subsurface landfill materials. An 8 to 12-inch flight-auger will be used and extended to the apparent deeper clay layer at a depth of approximately 15 to 25 feet below land surface. Materials will be visually classified and observed for evidence of hazardous substances. Auger borings will be backfilled with groutJflowable fill to land surface. TIlis proposal docs not include re-sodding. OVA and Visual Evaluation - During excavation activities, a TBE technician wiJJ conduct Organic Vapor Ana!ysis (OVA) screening of excavated soils. Both charcoal filtered and unfiltered readings will be taken. Groundwater Monitoring Well Installations - TBE will install nine temporary groundwater monitoring wells using a mechanical drill rig. Four wells will be installed along the northern property perimeter, four wells will be installed along the eastern property perimeter, and three wells will be instal1ed within the site interior, Exact locations will be dcterm ined with City staff during field operations. The wells will be constructed of 2-inch schedule 40 pve with a surrounding sand pack. Wells will be installed to the depth of the deeper clay layer estimated to be approximately 15 to 25 feet bls and screened from approximately one foot above the water table to the well depth. Following installation, weils will be developed until clear. J:\DOC2\ENV,PRO\c1wdrew 19rev . do<: 18167 U,S, 19 North, Suite 550 Clearwater, Florida 33764 727-531 -3505 Fox 727-539-1294 City of Clcarv,/;\tcr May I. 2000 Page 2 11 Groundwater Gradient EvaluatioD Each well casing elevation will be surveyed against an arbitrary benchmark and depth to water recorded with a probe. From this, a relative groundwater elevation will be computed and data compared to identify a probable groundwater flow direction. Groundwater Sampling/Analysis A minimum of 24 hours after well installations, TBE will collect groundwater samples from each, well in accordance with our FDEP-approved Comprehensive Quality Assurance Plan (CompQAP). Each well will be purged a minimum of three well volumes until pH, temperature, and conductivity stabilize prior to sample collection. Metals samples will be collected with a low-flow peristaltic pump and other parameters will be collected with a precleaned tetlon bailer. Groundwater samples will be transported to an FDEP-approved laboratory for analysis per EPA methods 8260, 8270, Sb, As, Ba, Be, Cr, Cd, Co, Cu, Pb, Hg, Ni, Se, Ag, TI, Sn, V, Zn, 8081, 8 J 51, 8141, sulfide, cyanide, DO, Turbidity, Ammonia, Chloride, Iron, Sodium, TDS, pH, Conductivity, and Temperature. Both filtered and unfiltered metals sample will be collected. Unfiltered samples will be analyzed and filtered samples will be placed on hold and run if total analysis exceeds regu latory targets. Soil InvestigationlDisposal Characterization - During auger borings, TBE will collect six soil/debris samples in accordance with our CompQAP procedures. The samples will be transported to a FDEP-approved laboratory for full TeLP analysis via EP A methods 1311/1312. SoillDebris Disposal - All soil and debris materials removed during exploratory borings, and monitoring wall installation will be transferred with a bobcat loader to 15 cy roll-off containers. No removed material will be returned to the borings. Roll-ofTs will be transported with the materials to Chambers Industrial Waste Landfill in Okeechobee, Florida. This scope estimates 2S tons of material will require disposal. Purge/Development Water - Per direction from the City, purge and development water witl be discarded directly on the ground surface at the point of sample collection. No liquid disposal fees are included with this proposal. Methane Study - TBE will coordinate installation of vapor probes with a geoprobe. The probes will "consist of 1" slotted pve with a surrounding sand pack and bentonite seal. On two separate days (immediately following installation and one week later), a technician will monitor Methane and percent lower explosive limit at each probe. Results will be tabulated and compared to State and Federal guidelines. Site Suitability Report - TBE will compile the above information into a brief summary report outlining methodologies and findings. TBE will also evaluate site suitability for development by comparison of data to applicable guidelines (FDEP and F AC). This does not include a fonnal risk assessment or modeling tasks. 3. PROJECT GOALS The purpose of this project is to provide a site suitability report based upon potential environmental impacts of this project. J :\DOC2\l:."NV.PRO\clwdrew19rcv.doc City of Clearwater May I. 2000 Page 3 /7 4. BUDGET (See Attachment "A") 5. SCHEDULE Field activities can be initiated with two weeks ofa notice to proceed and completed in four to five weeks. Laboratory reports would be available five working days following sample collection. The site suitability report would be available 10 days following receipt of laboratory reports. 6. TBE STAFF ASSIGNMENTS Project Manager - Sr. Project Geologist - Project Engineer - Field Technician - Administrativerrech Writer - Steven P. Howarth, PE Rick Hagberg, PG Greg Shultz Dana Kress Shawn Lasseter 532-8233 ext/429 7. CORRESPONDENCEIREPORTING PROCEDURES Correspondence shall be sent to Karma Killian and Bill Pence (Akerman, Senterfitt, et. at) with copies sent to Thomas Miller and Mahshid Arasteh, PE 8. INVOICINGIFUNDING PROCEDURES The budget for this change-order is a maximum of$51 ,537 based on unit rates listed on Attachment "A". Invoicing Method A, Cost Times Multiplier shall be used. City Invoicing Code: 315-92829-56 1000-575-000 9. SPECIAL CONSIDERATIONS Successful collection ofinterpretable GPR data assumes highly resistive, low conductivity soils (i.e. no significant clays, especially saturated). A clay cap on the landfill may not allow for sufficient penetration of the radar energy, and may result in unusable data. Significant subsurface areas containing target objec.ts may not be distinguishable if surrounded by a large amount of other buried objects. Objects buried beneath the groundwater table may not be distinguishable due to less than sufficient illumination by radar energy. 10. PROJECT COMPLETION REPORT TBE will provide the City a written site suitability report APPROVED BY: CITY~A~ ~ PREPARED BY: Mahshid Arasteh, PE Directo!:-of Engineering Date ....s ... t..f. ro TBE .JA..'1P- Steven P. Howarth, PE Director Date!:J- )lla") J :\DOC2\ENV,PRO\c1wdrew 19rev ,doc Attachmtnt A - Schedule orcompensation (change-order) PrOjed proJeCt Senior Pro~ Sr, Field C ItlnC411 Total TASK. DESCRIPTION ~ClP81 Managflr SCientist En~,"eer Tec.hlCAD Houl'l FEE $'5700 $' '6,00 $'0'00 $65 00 $55,00 $-4500- 1 Ground-Pen.trIUoliI Radar - 1 .5 dlya = $3,2OOIcuy ~,8oo OfrIC8 Tlrne (4 houra C S75/hr,) $150 Subtotal $AC,IilSO 2 Expforwtory Auger Borings A, LaboC'. Flcl<l O\<onlle (elt. l!l cSay)IPWSub ~. 4 20 30 80 0 154 $8,842 9. Drilling (Sub) Installation cA up to 45 bcfingll (est. 8 days @ S1.500/day) 0 $12,000 C. G:outing of Borings (45 bOmgs CO S125!bor1no) 0 $6.750 0, DAd Expense.: OVA, Vehide, etc, 0 $1,150 Subtotal 0 4 20 30 80 0 154 $2i,~2 Monitoring W.lllnsullaUon - 3 A, U1bor - Field Overt:teIPMlSub Coord. 2 6 10 20 38 52,592 S, Ofilling (Sub) Inatanatioo of 9 WeDs to 20 ft. 0 ~,590 C. Died Expenus: OVA. Vehicle, etc. 0 $500 Subtotal 0 2 C 10 20 0 38 $7.682 , <4 El,vlUon Sur....yor \v.lls A. Labor 1 1 8 10 $659 B, Equipment Rent.'I- Labor $175 C. Dired Expense, 0 $75 Subtotal 0 1 1 0 a 0 10 $909 - 5 Ground\vattr Sampling and Analysis A, LatlOr - Field SamplingIProjed Managemen1lSub, Coord, 2 8 4 20 2 36 $2,494 1--- e. Anafylicallab (Sub): 9 wells (See Scope) 0 $8,577 C, Baliet'$, Sampling Supplies, etc, 0 $825 D. Field Sampl~ VehicJe, Equipment. etc, 0 $150 Subtotal 0 2 a -4 20 :2 3t S12,04e 6 SoU InvestlgatJonICharacterlutlon A, LabGf - Field Sampling and Projed Management 2 " '0 16 $1.190 B, Analytical lab (Sub): 6 samples fuR TCLP ~ $750 each 0 ~,500 C, FlekS Supplie$ 0 $340 - Subtotal 0 2 " 0 10 0 18 $&.030 7 SollIDebris DIsposal A. labor - Field Oversight and Projed Management 1 " 3 15 " 21 $1,722 e, Bobcat loader (8 days G S2OOIday) - $2,000 C, MoblOemob of roll-ofls, rentallmrs. etc (2 ~ $450 each) 0 $900 O. Transportation (2 roll-otls C 5100 each) 0 $1,400 E. Disposal (25 tons em $52,50 per ton) 0 $1,312 Subtotal 0 1 " 3 15 " 27 $7,334 8 Methane Study A. labor - Field Overs12ht and Project Management 2 " 20 26 $',74D 8, Sample Probe Installation: Geoprobe (est. 20 for 2 days ~ 51,500/day) 0 $3,QOO C. Probe Sampling . Labor 1 .- 2 10 11 $1,202 - Subtotal 0 3 a 2 30 0 43 $5,94.2 -- 9 Oata ReductlonlEnglneertng Analysis and Suitability Report 10 25 60 10 10 115 $8,605 Subtotal 0 2 4 0 10 10 18 $8,605 - 10 MIscellaneous A, Field Meetings (Utiiity coonS, Auger Locatioo. etc.) 6 6 , 1 2 16 $1,524 B. M~ings with City 4 3 2 9 $905 Subtotal 0 10 8 3 1 2 25 12,<429 - 11 Field ContJngencl.. - FiJ1ere<l Metals Analysis of Groundwater (11 Willis @ $248 each) $2,728 proJltCt Grand TOlal (Rounded) $87,997 . * Task already completed and billed. Project Grand Total Pre'{oosly Approved WOO: -order Chango-ordor Amount $87,997 1.36.460 $51,537 J,IDOC2\ENV.GEN1Slid'{Ct...manhoun,x1I)A 17 . M<< ::t- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeti ng Date: J~ 5,,(.00 Final Agenda Item # SU B J ECT IRECOMM EN DA liON: Approve amendment to the waiver agreement with Meristar Hotels and Resorts, Inc./Hilton Clearwater Beach Resort, replacing the shuttle boat with a pontoon boat. 00 and that the appropriate officials be authorized to execute same. SUMMARY: The city entered into a waiver agreement with Equitel/JP Hotels, d/b/a as the Holiday Inn Surfside in March 1984. The hotel's ownership has changed to the Hilton Clearwater Beach Resort. Mr. Bob Walter, is the new General Manager of the Hilton and has requested a change regarding the type of vessels included in the existing waiver agreement. This amendment will delete their 17 foot boat/shuttle vessel and replace it with a 15 foot 9 inch pontoon boat. The motor for the vessel will remain the same. The operation of rental watercraft from this location has been satisfactory and insurance requirements, with the city as additionally insured have always been maintained. All other conditions, limitations, restrictions and obligations of the waiver agreement will remain in effect with this new amendment. Staff recommends approval of the amended waiver agreement to the Hilton. Reviewed by: Legal ~ Budget N/A Purchasing N/A Risk Mgmt Info Srvc N/A -- Public Works N/A DCMlACM Other Originating Dept: Marine User Dep;. ':>r1 . Marine Vt):l) ~ Costs ' Total N/A Attachments Funding Source: Current FY CI OP Other Submitted by' City Manager -. . .".- Printed on recycled p~er o None A ro riation Code: Rev. 2/98 ..1,'....,.(':\ \.\ '.t . :") I, '...~.l ':"1: ....~:.'. ""fJIo.' / '; 'I ';:/. ~ ", ',." ,':. , .M~1- AMENDMENT TO WAIVER AGREEMENT I~ THIS AMENDMENT TO WAIVER AGREEMENT, is entered into by and between the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and Meristar Hotels and Resorts/Hilton Clearwater Beach Resort, hereinafter referred to as "Applicant", 400 Mandalay Avenue, Clearwater, Florida 34630, telephone (813) 461-3222. WHEREAS, City and Applicant entered into a Waiver Agreement on November 6,1990 for 400 Mandalay Avenue, Clearwater, Florida 33767; and WHEREAS, the City agrees to this amended waiver agreement with Applicant pursuant to Section 33.117 City of Clearwater Code of Ordinances: NOW, THEREFORE, City and Applicant agree to the following change to Paragraph 2 a: 1. Within the marked corridor, the Applicant may launch and retrieve watercraft of the types hereinafter described: a) One (1) aluminum pontoon boat, 15' 9", powered by no larger than a 15 horse powered engine. This vessel will be operated by a u.s. Coast Guard approved licensed captain and will be used to shuttle up to 6 people at a time, to and from an awaiting parasail/ excursion boat that will be waiting outside the designated swim zone. 2. All of the terms and conditions of the waiver agreeInent shall continue in full force and effect except as amended herein. This amendment shall take effect as of , 2000 when fully executed by both parties. City of Clearwater, Florida By: Michael Roberto City Manager Approved as to form: Attest: J oha Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk Witnesses: By: Bob Walter, Area Director of Operations 1-1eristar Hotels and Resorts d/b/ a Hilton Clearwater Beach Resort By: Jim Daugherty P resident, Resort Recreation, Inc. (Business Operator) Hilton Clearwater Be<.:cli F-~~?::::Jf; VV-aiV(3 Arnendrfi0ril tJag0 1 ~00t=~ t00:39ijd , ',j, ...,'...,<' ' ~I~ ~~~(aI lL~2 9pv L2LC131 ~I.".m 'Nil "1 -p,rV'h",J 1JoQ- " h1~. II-p ::' '> 9S:~1 0a02-g0-~d~ 18 - ~ ':..l "" f ~ ~ t - I_ "=- ~ I ~ ~ ~ - ~ \; ... , oaJ \~ i v... . :.l..I C, , + " . ..,.. .--' -.--, ,.--- i 'i" r~--- -- .- - -- -' ----.- , i ~-_...._. - --'--'- - .-.. ,--.. -.. - ....... ,. <:0' f lO"d lLEZ 91717 LZL ~3L~M~~3'~ NOi'XH ~Z:~~ 00-90-~d~ . ?'b :1- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeti ng Date: Ll E;. \8.00 Final Agenda Item # SUBJECT/RECOMMENDATION: Approve the transfer of funds in the amount of $38,900 from project code #315-91139 (South Greenwood) to project code 315-91140 (Wood Valley Substation) totaling $163,900 for the construction of the Wood Valley Police Department Substation l&l and that the appropriate officials be authorized to execute same. SUMMARY: . The Wood Valley Police Substation was funded in a Capital Improvement Project (315-91140) for $125,000. The substation is being constructed to meet the needs of the Wood Valley community. o The Capital Improvement Project is funded with Penny for Pinellas revenue. . After the project was approved and funding was in place, the City passed a revised land development code which has escalated the building cost to exceed the budgeted amount. o The cost summary is: the construction and architectural costs are $120,000; parking spaces $10,000; site clearing, storm water retention, and utility connections $10,000; landscaping $9,000. The projected cost for the project is $149,000 plus $14,900 to be used as a contingency fund. It is now requested that the project be increased to total $163,900. , . The South Greenwood Police Substation project #315-91139 was funded for $75,000 with Penny for Pinellas revenue. The City will no longer need to fund this project since the construction cost was obtained by the Community Service Foundation using grant funds. . All remaining funds, of $36,100 in the South Greenwood project will be returned to the unallocated reserves for Penny for Pinellas at Mid-Year. Reviewed by: legal N/A Budget Purchasing Risk Mgmt Info Srvc 4= Public Works DCtvVACM Othe1f\a.\\\\; ~~ Originatin Police User Dept. Police Attachments Costs Total $163,900 Funding Source: Current FY $163,900 CI X OP Other Submitted by: City Manager Printed on recycled paper X None A pro riationCode: 315-91140&91139 Rev. 2/98 ."~ . ~-=- . ~ rR 1-- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeti ng Date: '~o 5. Ig.oO Final Agenda Item # SUBJECT/RECOMMENDATION: Increase a professional service contract with Krishnan Anandan, Parks and Recreation Tennis Professional, from $55,000.00 to $90,000.00, and increase term of contract from May 1, 2000 to September 30, 2000. l&l and that ,the appropriate officials be authorized to execute same. SUMMARY: It Mr. Krishnan Anandan has worked for the City as the tennis professional under a professional service contract for the past four (4) years. His contract expired October 1,1999. · The Parks and Recreation Department entered into a short-term contract with Mr. Anandan for three (3) months due to proposed reorganization of tennis operations and new construction at the Henry L. McMullen Tennis Complex. More time was needed to reorganize the tennis operations, therefore, the City Manager approved extending the existing agreement through April 30, 2000 and increased the contract amount to $55,000.00. The City Commission ratified and confirmed this at their February 3, 2000 meeting. · Staff has completed the study associated with tennis operations reorganization and has now determined it is best to keep Mr. Anandan under a professional services contract. It Staff recommends the extension of Mr. Anandan's present contract through the remainder of the current fiscal year and increase the current blanket purchase order to $90,000.00 for the 12 month period (October 1, 1999 - September 30, 2000). A new tennis professional service contract will be negotiated to take effect October 1, 2000. · This action has no impact on the expense aspect of the Parks and Recreation operating budget. Mr. Anandan is compensated with 800/0 of the revenue collected for the instruction he provides as the City's contract tennis professional. The City retains the remaining 20%. Reviewed by: Legal NA Budget -# Purchasing ~ Risk Mgrnt NA Info Srvc Publ ic Works DCtvVACM Other NA NA Originating DePt\~ User Dept. Costs Total 90,000 Funding Source: Current FY 90,000 CI OP Othe r Attachments Arlita Hallam I Submitted by: City Manager PrlOt on recycled paper o None A ro riation Code: 010-202720 Rev. 2/98 ., r(Z d- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # .~ ( Meeti ng Date: 5. I X', () 0 SU8JECT/RECOMMENDATION: Extend the contract with laub's landscape Maintenance, Inc., Palm Harbor, Florida, in the estimated amount of $48,000.00, for the contract period April 1 ,2000 through March 31, 2001. liI and that the appropriate officials be authorized to execute same. SUMMARY: · Laub's Landscape Maintenance, Inc., was awarded the landscape maintenance service contract by the City Commission on February 19,1998 for locations in West Clearwater (Area 6), through bid process #21-98, for a 12 month peri'od, beginning March 1, 1998 - February 28, 1999. · Parks and Recreation staff recently realized that the first renewal option had expired and that the request for approval of the second renewal option was not processed. · This is the second of two avai lable renewal options authorized under the terms of the City of Clearwater bid. · Laub's agrees to continue to provide the same services for an additional 12 month period at the original contract price. · ,An additional $7,000.00 has been added to the previous contract amount of $41,000.00 to provide for additional unschedu led seNice requests and unscheduled clean-ups at the contracted sites. · Funding for the 2000/2001 fiscal year will be included in the City Manager's proposed budget. Reviewed by: Legal ~__ Budget ~ Purchasing '-IJ- Risk Mgmt NA Info Srvc NA Public Works NA DCtvV ACM Other" NA Attachments Arlita Hallam~ I Costs Total 48,000 I Current FY 48,000 Funding Source: CI OP Other Submitted by: City Manager o None A ro riation Code: 010/016911530300/572/000 Rev. 2/98 - Printed on recycled paper - R; Ii -. q7 I .- r-SID # ' ) , LANDSCAPE MAINTENANCE ~l ~ LaC # NAME LEVEL # of COST PER ANNUAl OFSERV VISITS VISIT COST ~REA VI - West Clearwater /77 Lift Station # 24 (1351 Sunset pt. Rd.) 4 12 ~O J..I..~ .~ 1/78 Police Greenwood substation 3 24 (p~ - l_'-;-'IJ ..- v'79 Library: Northeast 3 24 r?S- ~o4(J v'80 Lift Station # 12 (Osceola & Nicholson) 4 12 40 4fiJl V' 81 Osceola & Seminole lot north of AA build 3 24 SO J,;tOd ./82 AA building 3 24- $fO ,;;!.Q-t:;o /9 : - . ~3 Purchasing graphics complex vr-4- , .-1 3 24 ~() ~~/~, l.".~~ I( ;; /84 Sign Shop 3 24 _ S'?) J.2oo ./85 City Hall 1 52 ~S- 'SW - \,,/86 Fire Station 1 1 52 fdJ ~ J.?II - /87 Police Main 1 52 7S- J 9 ()(J r /88 Municipal Services Building 1 52 90 UbfrJ i-/89 Prospect & Pierce holding pond 3 24 _60 I tfiJb /90 Old utilities building lot and retention 3 24 7.>- r ~()(r r'?o ;j ./91 Water tank #3 4 12 roo "ILltJO (L) ./92 Safety Vilfiage Ir:--f- c..;;' 2 31 0/0 3330 /93 Fire Station 3 2 31 __t,~ ~'+<JS - TOTAL ANNUAL CONTRACT AREA VI ; . - -- ~T 1"'''' .Gt)(!- ~773>-s' AREA VII . CENTRAL CLEARWATER ~ /94 Fleet Administration .1,-:.1 I""~d 3 24 '-0 ~/60 v' 95 Fire Station 4 2 31 110 - U<!J70 1/96 library: East 2 37 JO ~;J.Q ~ /97 Transfer Site 4 12 cto 10 9.0 /98 Reservoir # 2 4 12 '90 I (J rfO /99 Fire Station 5 2 37 l1lJ.'- :J !?5".s-- vtQO lift Station # 58 (1308 McMullen Rd) 4 12 t.)Q l,ftfO 001 Bordeaux lot near Del Orc Park 4 12 (,,0 7;)-0 TOTAL ANNUAL CONTRACT AREA VII It;'" ~~c-:nn , AREA VIII - COUNTRYSIDE ../102 lift Station # 55 (29231 US 19 N) 4 12 UI) 4-G-o 1-'-103 Fire Station 6 2 37 ~() nJO i/104 Library: Countryside 2 37 ,3Q 4(;itJ ./1 05 Police Countryside sub-station 2 37 liD .1.+070 TOTAL ANNUAL CONTRACT AREA VIII . J J ,t:1rCJ J VENOOR NAl...tE he-vb 5 f,...V"1'41'c '-Ie /'1c,. ~?/~Y} C-~H r f I InC, -4- ._ '~1~.'" /' ~i.-..v,''''~...; ',(,',' .:":. ...\ . ~'~. . ,:..::>",~:" A W Worksession Item #: Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # 'd..;;L 5. (S? OD ~~, Meeting Date: SUBJECT/RECOM^-iEN DATION: Adopt Resolution 00-20 which endorses the application of Project 00-0425 and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. [&) and that the appropriate officials be authorized to execute same. SUMMARY: . The Florida Legislature created Florida Statutes, Section 288.106 to encourage the growth of Florida's high-wage, value-added employment. This program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. . This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund for each new job created. VYI. o Project 00-0425 wishes to setup a revenue service center to consolidate its business services to a single 10cationJef the City of Clearwater and projects to hire 100 employees over the next two years. The QTI program tax refund may not exceed $3,000 per employee. e A QTI business may not receive refund payments of more than 25% of the total eligible taxes that were paid by such business as specified in the tax refund agreement in any fiscal year. . 20% local financial participation is required which breaks down to 10% City of Clearwater financial and 10% Pinellas County. Under the full scenario, the city's maximum funding will be $30,000 over three years. It is not anticipated that this will have a fiscal impact during this fiscal year. Funding for this item will be included in the City Manager's 2000/01 Recommended Budget. . Pursuant to Florida Statutes Section 288.075 and 288.1066, the applicant for Project 00-0425 requests to remain anonymous. Originating Dept: Economic Developm User Dept. Economic Develo Costs Info Srvc Public Works DCNt/ACM Other N/A N/A Funding Source: CI OP Other ~ Current FY Attachments Resolution 00-20 Submitted by: City Manager Printed on recycled paper o None A ro riation Code: Rev. 2/98 ;. ". ' ..' \", , ,', ',':' '.:t" t, .'. .... ."~ I , ,-' ~ --', -,~. '1'" _'r ',' RESOLUTlOtJ NO. 00-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, FINDING THAT PROJECT 00-0425 BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND IDENTIFYING SOURCES OF CITY OF CLEARWATER FINANCIAL SUPPORT OF PROJECT 00-0425 AND EQUAL PINELLAS COUNlY SUPPORT AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2001 - 2003; PROVIDING AN EFFECTIVE DATE. ~~ WHEREAS. the legislature of the State of Florida has enacted Chapter 94-136, Laws of Florida, creating Section 288.106, Florida Statutes, to encourage the growth of Florida's high-wage, value-added employment; and WHEREAS. Section 288.106, Florida Statutes, authorizes the Florida Department of Commerce to accept, review and approve applications for tax refunds to qualified target industry businesses; and WHEREAS, Section 288.106, Florida Statutes, requires 20% local financial participation as tax refunds become due; and WHEREAS, PROJECT 00-0425 wishes to setup a revenue service center to consolidate its business services to a single location and projects to hire one hundred employees over the next two years, qualifying as high-value-added jobs; and WHEREAS, PROJECT 00-0425 will be located in the City of Clearwater and will provide high-value-added employment to citizens of the City of Clearwater; and WHEREAS, the City of Clearwater finds that providing tax refunds and other tax incentives to PROJECT 00-0425 is vital to the public purpose of employing City of Clearwater citizens and ensuring the City's economic vitality; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby recommends PROJECT 00-0425 be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. This recommendation is based upon the creation of the specified jobs and is contingent upon the City's review of PROJECT 00-0425 final application to be a Qualified Target Industry Business and confirmation of the information therein. Resolution No. 00-20 t.:- -( ::~>';\","'/';'c":. ",::', .~... /_ I ~~ I f' Section 2. The necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program has been identified in the amount of $60,000, consisting of 50% of the local contribution coming from Pinellas County and 500/0 coming from the City of Clearwater subjed to annual appropriations, which will be paid to the Florida Economic Development Trust Fund as tax refunds become due with the stipulation that these funds are intended to represent the local financial support required by Section 288.106, Florida Statutes and are conditional upon the applicant meeting all statutory requirements of the program. Nothing herein will prevent other jurisdictions or the private sector from increasing their contributions. However, in no event will the total contribution of the City of Clearwater for PROJECT 00-0425 exceed $30,000. Section 3. This resolution shall take effect imnlediately upon adoption. PASSED AND ADOPTED this day of , 2000. Brian J. Aungst, Mayor-Commissioner Approved as to form: S;yiC-~ · n Carassas, Assistant City Attorney Attest: Cynthia E. Goudeau, City Clerk Resolution No. 00-20 .. ' . I". ' . ' . ." ..,.', . '. ~ ~. . \ ~.. , , :.' ~ 'Y' W ;"/< . ~~~~~~~~~i\;i1i~~~}~r' "~~.., .., .....5<:~.;<~'~.',..~. :',~ ~'~"::'~\' Item #23 ; , ! 5:21 . fL;J'd- Clearwater City Commission Agenda Cover Memorandum Work'H,lon Item 1ll: MeetlnA Date: ~3 5. J <i? ()6 Rnal AAenda Item .,. SUBJECT/RECOM M ENDA TlON: Award a contract to Azurix North American Residuals Management, Inc., Punta Garda, Florida in the estimated amount of $3.900.000.00 for the transportation. treatment and disposal of bio-solids residuals during the contract period May 20. 2000 through May 19, 2005, ~ nnd tbat the aDDroDrlate officials be authorized to execute same. SUMMARY: . This contract will allow for more efficient operation of the City's three Advanced Wastewater Treatment &cilities. . Based on 1999 operations approximate operating costs were $624,000.00 generating 21,000 processed tons. Under this contract the cost would have been $616,000.00. In addition Capital Improvement Projects in the amount of 2.5 million dollars that have been budgeted for the continued operation of the Residual Management Facility (RMf) can be eliminated o The award of this contract will eliminate the City's liability for the processing and transport of bio-solids residuals. The contractor assumes the liability at the point of loading and indemnifies the City. A written agreement signed by responsible officials of both parties is required by the FDEP for indemnification of the City. . City personnel currently operating the RMF will be reassigned to other positions within Public Utilities. Equipment utilized only for the operation of the RMF can be dedared surplus or assigned to other departments in the City. . The costs of labor and operating supplies such as lime are increasing each year. This contract locks in a firm price per ton to process the City's residuals for the next five years. . Sufficient funds are available in the WPC Operating budget to fund this contract for the remainder of the current fiscal year. Additional funds will be included in subsequent City Manager approved operating budgets. Info Srvc ~ Public Works OCM/AC-M ' Other Originating De~ Public Worka Admin. U..Dept.: k1? Public Utilities ~ Attachments eo.ts Total 13.900.000.00 Funding Source: Current FY S290..000.00 CIP OP Other [J None +......, '.[ >,,:',"'. .....' . 1_, .. f vJ d-- ~3 Agreement for Treatment and Disposal of Domestic Wastewater Blo-solids Residuals This agreement entered in this day of , 2000, between the City of Clearwater. P. O. Box 4748, Clearwater, Florida 33758-4748 ("City") and Azurix North American Residuals Management, Inc., 5240 Duncan Road, Unit 1. Punta Gorda, Florida 33982, ("Haulerj, is for the removal, treatment, and disposal of domestic wastewater residual bio-solids. Whereas, Hauler is the owner/operator of an alkaline stabilization facility and said facility is permitted by the Florida Department of Environmental Protection as permit number 0270012..002-AO; and Whereas, Hauler's facility is being operated in accordance with Chapter 62-640 F.A.C. and 40C.F,R. part 257 and part 503; and Whereas, City owns and operates three domestic wastewater treatment facilities currently under review for permit renewal, and has the need for the removal of bio-solids generated at those facilities; and Whereas, City has selected Azurix North American Residuals Management, Inc. for the removal of bio-solids generated at City's facilities; and \Nhereas, this agreement incorporates all terms and conditions in Request for Proposal 22-00 and Haulers response to said proposal. Now therefore, for and in consideration of the actual terms and covenants set forth in the City of Clearwater Request for Proposal 22-00 and Hauler's response thereto the parties agree as follows:: 1. City hereby covenants and agrees: A. To provide analyses of the unstabilized bio-solids residuals generated in accordance with the operating permits of the source treatment facilities, B. To pay according to the amounts and payment schedule submitted by the residual management facility in RFP 22-00. C. That all residual bio-solids are unstabilized and are generated through the treatment of domestic wastewater and do not contain toxic industrial waste or radioactive substances to the best of source knowledge. ,,"''',( ,"1.' . . ~3 2. Hauler covenants and agrees: A. To accept full responsibility for bio-solids residuals at the point of loading at the source facility and to provide a performance bond as specified in RFP 22-00. B. To submit invoices in a timely manner with all of the information required in RFP 22-00. C. To provide data and maintain records as set forth in RFP 22-00 and as required by all governmental ~ulations. D. To comply with all of the specifications as outlined that have not been included in the content of this agreement. Any interpretation of the parties' responsibilities shall be controlled by the terms of RFP 22-00. E. That the City may contract with another vendor for the removal and transport of liquid residuals from the East APCF to the Northeast APCF when and if the City wishes to do so. 4. The term of this Agreement shall be for sixty (60) months trorn the date of this agreement. City may tenninate this agreement for any reason with thirty (30) days written notice to Hauler. 5. Hauler shall indemnify and hold City harmless from and against all loss, cost, expense, and liability whatsoever, including attorney's fees resulting from Hauler's activities. Hauler's duty to indemnify shall include indemnification from and against any fine, penalty, liability or cost arising out of Hauler's violation of any law, ordinance or government regulation applicable to Hauler's activities. 6, Nothing stated in this agreement shall supersede or take precedence over the responsibility of each party to operate and maintain their individual and collective facilities in compliance with the obligations set forth in their individual operating pennits and in the applicable rules of the United States Environmental Protection Agency and the State of Florida, Department of Environmental Protection. 2 ,i, ~j !~ t " '~"';/;:,j;:.':'{"i:;)i',"~:1~~f\:t:'\~;~"...~,. ", .......-..- '~'--"-"-."'- ., l'," . ~... ..' . ". . . . , ~3 '.( 7. The validity. construction, and performance of this Agreement shall be governed by the laws of the State of Florida. 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 AZURIX NORTH AMERICA RESIDUALS MANAGEMENT, INC. By: Lyle Brenzil Vice President . ' " \' . I \ ,..' r , I ,I, ,'>'. . \ . ' " I,' ~"\ I}" ",' ,;' , , .'~' ',f.t.' 1\:_ ::-" ','..:',:,,/-...: ":'"~':''''''''' e ~w3 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeti ng Date: ~Lf s: I 8' .00 Final Agenda Item # SUBJECT/RECOMMENDA TION: Pass Ordinance 6561-00 on first reading amending Sec. 32.159. Water Use Restrictions, to be consistent with water use restrictions adopted by Pinellas County, IE and that the appropriate officials be authorized to execute same. . This amendment provides that the City of Clearwater will follow the same water use restrictions adopted by Pinellas County including authorized hours. This will eliminate the confusion caused to our residents, by varied restrictions currently in place. . In the future water use restrictions enacted by Pinellas County will automatically go into effect in Clearwater. Reviewed by: , Legal <;::!!2-- B;Jdget N/A. , ?urcnasing N/A I Risk Mgmt N/A Info Srvc N/A Public Works ~h-;t:} DCMlACM Other Originating Dept: ~?J.19 Public Works Adriliri'istrabon User Dept. / JJ Public UtilitiesIWater t:D Attachments Ordinance Costs Nt A Total Current FY Funding Source: CI OP Othr Submitted by: (I.lJ,~~ J.:.w..., ,~~ City Manager ~ IV\., Printed on recycled paper Rev. 2/98 :LLf ORDINANCE NO. 6561-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING SECTION 32.159, CODE OF ORDINANCES, (WATER USE RESTRICTIONS; ENFORCEMENT; PENALTIES) TO CONFORM WITH PINELLAS COUNTY REGULATIONS DURlNG TIMES OF DECLARATION OF WATER SHORTAGE CONDITION OR EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Department of the City of Clearwater, Florida, wants to conform its water restrictions with Southwest Florida Water Management District or Pinellas County; and WHEREAS, it is necessary to revise the water use restrictions to reflect the City Commission approved restrictions; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.159, Code of Ordinances, is amended as follows: Sec. 32.159. Water use restrictions; enforcement; penalties. Except as provided in this section, the use of the water resource, whether from public or privately owned water utility systems, private wells or private connections with surface water bodies. for irrigation shall be limited and restricted as follows: indicated inPinellas ~ h......."....~>..'J_"..... .''''_'''''~'''''''''.''~'''~''''''''''., .",_.;-,'.'.'. .,.,' .~:."".-.~....~.,..<.":,,.. ,."....' .:' :'- ...,".'" ..', ~b,::~,~,~.'"~'~~,d.,,, a;.~~~~i~~.'1~2. :~?~'(~Yt~r<? ,~fJh.,!( ?,r a~., ~'any)r~,. stricti,o'ns"setforth';bY;l?ihellas ~.J-:-~ €punty.::Dy:Ordiria'n'6e%oh"resohJtidft'oh'an'erriergen'cy'basis~' ~ Q {1) DofiRitions, As u&ed in this cection, the term "low ~Jolume method" moans a syctom of irrigation which delivers water at the r3te of throe g3110ns per hour or less. including but not necessarily Iimitee-te systems commoAly referrod to ac drip irrig:Jtion, soaker hose, cp3ghctti tubing or bubblor. (2) Irrigation of ostablishod !x:Jwns :Jnd landsoaping. (3) Tho irrigation of estaelished lawns by 3ny method, and the irrigation of established landcc3ping by methods other than lov, volume methods, shall be prohibited excopt during tho hourc of 5:00 a.m. to 9:00 a,m. and [from] 7:00 p.m. to 1'1 :00 p.m. on ::311 doyc of the week: (b) The-irrigation of established lawnc and I::lndscaping shall be further restricted as follows: Ordinance No. 6561-00 " ,"" I, . '.' ,..' ,'"i '",; ?-y 1. At addressee ending in :1n even number or in the letters,^\ through M, irrigation m:1Y occur from 5:00 =:),m. to 9:00 o.m. ond. from 7:QO p.m. to 11 :00 p.m. on Tuesdays and S:lturd:1Ys only, ' 2. At addresses ending in :In odd number OF in the letters N through 2. or 3t loc3tions with no 3ddresses, irrigation m:lY occur from 5:00 3.m. to 9:00 3,m. 3nd from 7:00 p.m. to 11 :00 p.m. on \^lcdnesd3Ys 3nd Sundays only. (3) Irrigation of klwns 3fter 'Jerticutting ~h311 be permitted once =:) d3Y 36 needed for not more thon two weeks otter verticutting; provided, however, th:1t such irrig3ti~n sh::lll be Jccomplished during the hours permitted for the irrig3tion sf est:lbllshed 13V,lnS :::md IJndsc:lping. (3) Jrrig::Jtion of new lawns ::Jnd ,tJndsc:Jping. IrrigJtion of new lawns :::md landccaping shJII be limited to the hours of 5:00 3.m. to 9:00 J.m. 3nd from 7:00 p.m. to 11 :00 p.m.,. but sh:lll be permitted on ony doy of the week during the first 30 day~ :\fteF pl~ntl~g.. Not less than 50 percent of the I::lINn or I3ndsc::lped Jrca or portion thereof being Irng3ted must be new to qU:llify :IS :I new I3wn or Iandsc3ping. (4) PAuli/p!o :Jddreoses sorv-od by singlo irrigation systom. 'Nhere ::l single irrigation system provides 'N:\ter service to :3 property having t\vo or more addresse~ the following rules sh311 3pply: I (:1) !f ~II ~f the :lddresces end in an even number or in the letters A through M, Irng:3tlon m3Y occur on the d3tes 3nd 3t the times provided in thic ccction fOF property h3viRg ::In even numbered 3ddress. (b) If 311 of the :1ddrcc~es end in on odd number or in the letters N through Z,- irrig3tion m3Y occur on the d3tes and :1t the times provided in--thic section fOF property h:lving an odd numbered oddress. (c) If the 3ddresses include both even numbers :lnd odd numbers, OF tho letters A through M 3nd N through Z, irrig:ltion m3Y occur on the dates ond at the times provided in 3ccordance with the follo'.ving: (5) frrig:Jtion of golf coursos. (3) Irrig:Jtion of golf course greens 3nd teee shall be prohibited bet\veen the hours of 10:00 3.m. to 1:00 p.m. (b) The golf course m::mager ch::lll divide the f:1irways, rough~ 3nd nonplay :Jre3S into 1'.\10 sectors of 3pproxim3toly equal cizo for the purposes of irrig:3tion, ch:J1I design:1te eooh sector for irrig:Jtion in 2 Ordinance No. 6561-00 .'.1._.'...., .' ,':,....,.... , . . . '.,; ~ .. ;)1 accord:::mce with the following cchedulo, Jnd sh:::lIJ inform tho public works director of sueh decign::ltion: , 1. Irrig::ltion of one sector sh311 be prohibited except between the hours of 12:00 midnight to 8:00 J.m. on M0nday, 'A'ednocdJy:md S::lturd:lY; 2. Irrig::ltion of the other cector sh::lll bo prohibited oxcept bewJcen tho hours of 12:00 midnight to 8:00 3.m. on TuecdJY, ThursdJY:lnd Sund:::lY; 3. IrrigJtion of both sector::: sholl be prohibited on Friday-:- (c) For tho purposes of subsection (5)(b) of this section, in the eveRt thJt the golf course mJnJger fails or refusos to inform the publis works director of the divicion of the f3irvJJYs, roughs ::lnd nonpby afeaS into sectorc for the purposes of irrig:1tion, then irrigJtion of the entire golf course shall be prohibited except benvecn the hours of 12:00 midnight to 8:00 J.m. on Mond::lY, Wednesd::lY and FridJY. (d) Irrigotion of nGwly sprigged turf JrC::l5 shJII be permfttcd on :3 dJily b:Jdc 3C needed for tho first 90 d:1Yc cubsequent to sprigging. (6) Ex oept.ions. This section shall not ::lpply: (a) To tho use of treJted Vl3cteW::lter effluent; (b) To low volume irrigation or h:::md wJtcring of new or Elstablishee bndsc:::Iping (excluding bwns); (c) To irrigJtion for the purpose of w:::Itering in of incecticidcs. fungicidec and horbicidec, 'JlherG cuch w:Jtering in is required by the manuf:::lcturer or by fader:Jl, ct:Jte or 10c:)1 bw; provided, however, th:Jt such wJtering in chell be permitted only during the hours allowed for norm:::ll irrigation; Cd) To the oper:)tion of irrigJtion cystems for testing purposec; provided, however, thJt cuch operation sh311 be limited to once per week per irrigation zone; (e) At tirnec when more stringent watcr uce restrictions of the Southwect Florid:) W3ter MJn:lgcment District or Pine lias C08nty, Florid3, are in cffect, in which C3se the water use restrictions of the EHstrict or the county shJl1 be enforced :JS provided in this Jrticle.. 3 Ordinance No. 6561-00 , ' ",. ~." . , ,.. -.. . , . n , J . " '.'. I, . .,) % f ~ ;:ZLf f1j 11l Enforcement. These restrictions set forth in this section shall be subject to enforcement action pursuant to section 32.154 of this division. tBt ill Penalties. Any violation of the restrictions of this section shall be punishable as a class IV or higher classification violation as provided in section 32.155 of this division. 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: V-? ~hn Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk 4 Ordinance No. 6561-00 PI(3 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeting Date: :(5 5.tg.oo Final Agenda Item # SUBJECT/RECOMMENDATION: Approve concept of a land swap between Calvary Baptist Church and the City of Clearwater for Chesapeake Park, pending the passage of a referendum authorizing the same. and that the appropriate officials be authorized to execute same, SUMMARY: · The City of Clearwater currently operates Chesapeake Park located on McMullen Booth Road. Amenities at the park include a 300' softball field, restrooms and a playground. Predominant use of the park is for adult and youth softball. Total acreage of the site is 4.9 acres. e Calvary Baptist Church has recently acquired the former Hunt property located on the southwest corner of McMullen Booth and Drew Street, adjacent to Chesapeake Park. Their desire is to relocate to this site. · Calvary Baptist Church would like to trade a vacant 5.0 acre parcel on Drew Street at Hampton Road for the Chesapeake Park land. The vacant parcel is located just west of Eisenhower Elementary School; on the north side of Drew Street. This property is conveniently linked to the Eddie Moore Softball Complex for maintenance and tournaments by a portion of the East/West Trail. · Appraisals on both sites were completed on 2/3/00 by Frost Appraisal and Market Consultants, Ine. The City of Clearwater parcel was val ue forecasted at $560,000. The vacant parcel was value forecasted at $580,000. · Staff has reviewed the proposed site and estimates that two softball fields (300' and a 200') field can be developed there. · Calvary Baptist Church has agreed to pay the City of Clearwater an amount not to exceed $330,000 to construct a replacement 300' softball field and the same amenities that are at Chesapeake Park on the newly-acquired property. Based upon costs of the Eddie Moore Softball Complex, staff estimates this to be sufficient to complete the task. Additional funds in the amount of approximately $160,000 would be needed to construct an additional 200' softball field. · Staff requests approval to proceed with referendum for transfer of Chesapeake Park as recreation/open space under Section 2.01 d5 v. · Calvary Baptist Church has agreed to allow the City of Clearwater to maintain and operate the field at Chesapeake Park until they would begin construction at this area (3 - 4 years). The land swap would take place upon passage of a referendum; the church funds will be provided when the new ball field is needed. . Staff recommends this land swap based upon the following: ~ The ability to develop two softball fields on the north side of Drew Street. This in addition to the seven fields at Eddie Moore Softball Complex provides for a 1/ nine" field softball complex. ~ All maintenance operations would be confined to the north side of Drew Street providing greater safety for all city staff. ~ All three areas would be connected by the east/we~t trail. )Po Upgraded ability of pla)'ir'6 ~"'nditions versus Chesapeake Park, ~ Participant accessibility ";= the dew complex. ~ Possible partnerships with the County School Board for use of Eisenhower Elementary. Originating Dept: 'It.1JtI C t R . cd by' J' os s eVlew . P k & R t'on Depa ment legal cf____ Info Srvc N/A ar s ecrea I Total N/A Budget N/A Public Works N/A User Dept. Funding Source: Parks & Recreation Purchasing N/A DCMlACM Current FY N/A CI -- Risk Mgmt N/A Other- Attachments OP Arlita Hallam Other Submitted by: J:) ~.I City Manager ~ printed on recycled paper ~ ., 0 None A ro riation Code: None Rev. 2/98 ~ cd ~ Q) f'\ >< ~ ~ ~~ ~~ ~8 ~62 ~o 00 .g~ Ucj ~ ~ Q Q ~ ~ ~ 0) r.J} ~(1)_ ~ ~ .~ ro"tn~ 0) ro -l:.iJ U ~ Q :<- ~- ~ ~ 0 o c: 0 ...c:Q.)~ c: E Co) (1) 0 r:./) VJ_ W3c.u ',.'. . , -11" . " . ,~.; J . U 0.. ~ . ro € o CO ::: (l) ~ C c.r 0.. 0.. ~"'O 0 o >- c: l-< l-o-roo... o...~-:J U .... " '1,: .' ~, . '. ," . . . . . ,I ~ , . '. . ~ , .. I '\. : i ' ~ ;. , ,. " \' 3(, pOjes ~~ ~\ ~ C6\J-e \' -h letS fo..tj -e v{,;d.. "5 ~uW\.L,~red 3 I SUMMARY APPRAISAL REPORT VACANT PUBUC USE/MEDIUM DENSITY RESIDENTIAL LAND W IS OF MCMULLEN BOOTH ROAD, 445:!: FEET S. OF DREW STREET CLEARWATER, FLORIDA PREPARED FOR: EARL BARRETI REAL ESTATE SERVICES MANAGER CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER, FLORIDA DATEOFVALUATION: FEBRUARY 4,2000 ,DATE OF REPORT: FEBRUARY 7, 2000 PREPARED BY: FROST APPRAISAL AND MARKET CONSULTANTS, INC. L. KENNETH FROST, MAl, SRA STATE CERTIFIED GENERAL APPRAISER LICENSE NUMBER RZ ??oo150 , " .':,' ... j'. . .... '.. . ~ ',", . ' ' ~ I I II FROST APPRAISAlJMARKET CONSULTANTS, INC. 901 Chestnut Street, Suite E Oearwater, FL 33756 FAX: (727) 446-4449 (727) 461-4057 E-mail: frostappraisal@ij.net February 7, 2000 Mr. Earl Barrett Real Estate Services Manager City of Clearwater P.O. Box 4748 Clearwater, Florida Dear Mr. Barrett: In accordance with your request, we have made a personal inspection and prepared an appraisal of the public use/residential urban site facility referenced below. The property is located as follows: West side of McMullen Booth Road, 445::f: feet south of Drew Street Clearwater, Pinellas County, Florida The following is a Summary Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. ,As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. The appraiser is not qualified to detect the existence of hazardous materials or other harmful substances, nor the existence of environmentally protected plants and wildlife which may be present on or in the property. The appraiser has no knowledge of the existence of such materials, substances, plants, or wildlife on or in the property. The presence of substances such as asbestos, urea-formaldehyde foam insulation, lead-based paint, gases, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such materials, substances, or environmentally protected plants, wildlife, etc., on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required discovering them. If one suspects that any of these factors exist, he is urged to retain an expert in the appropriate field. }; '. Mr. Barrett Febroary 7, 2000 Page Two The analysis and value estimates are subject to the assumptions and limiting conditions that follow. Any variation trom the stated assumptions and limiting conditions will necessitate a reconsideration of the value estimates presented. In conclusion, it is our opinion that a reasonable estimate of the market value of the fee simple interest in the property as of February 4, 2000, as is, and in accordance with the attached assumptions and limiting conditions, is represented by the amount of: ... FIVE HUNDRED SIXTY THOUSAND DOLLARS... {SS60~OOO) We appreciate the opportunity to provide this appraiSal service to you, Should you have any questions regarding the value forecast or methodology used, please do not hesitate to call us. Respectfully submitted, ~SRA Stale Certified Gc:ocnl Appraiser Licemc #R2. ??oo1 ~ ~(/~ ate of Signature 00/3 A I I I CER'rIF'I CA nON OF APPRAlS"E'RS ........................ UI II. "1111' . .,. ....... ..................................... II .... ........................ 1 I SUl\Il\fA.Ry .......1.. "lI.."'t~IJJ I III ....................D.........,......'I1.. fll "'.I!..I .........~.. .t.... II ......, '1'" II' '1' 11'" I I....................... 3 ASSlJl\IPTIONS AND ~G CONDIDONS "fl' ". ..al I ... . II' .....1 ........ ........ .......... T.I T ....... T I.. D........................ 4 P'URPOSE OF mE APPRAIS~T ~f.".T lfl'.I.....~............, 111' 1,.0"1,'U.I....1"'I' III u......................."...............................7 FUNCl"ION OF 'I'HE APPRAISAL II' ~... ....................11.',. .... ................,..,.............................................................. 7 MAR,KET VALUE D EFIN'lTIO N .................................................................................... ,.. ... T . ". ". ...0........................ 7 EXPO S 'URE ~ ................................................................................................................................................ 8 PROPERTY' RIGH-:I'S APPRA.ISED ..................................................................................................................... 8 FEE SIMPLE DEFOOTIO N ",. I Ie .,.. ....... ... .............................................,............................................................... 8 HIS TORY OF 1'BE PROPERTY' ............................... ..... J........................................................................................ 8 PRO PERIT T.AX I:N'FO Rl\fA nON ........................... yr.. ....................................................................................... 8 ZONING.................................. ......... ... ........................................................................................................ ....... .... ... 8 FLOO D ZONE INFO RMA. TIO N .................................. '1' "1"'" .................................................................................. 9 sea PE 0 F THE APPRA.ISAL................................................................................................................................ 9 CONCURREN CY PROVISIONS OF CHAPTER 163, FLORIDA STATUTES .................._........................ 10 SUBJEcr PHOTO GRAPBS..................................................................e>o.............................................................. 11 NEI G HBO RHO 0 D 0 VERVRW ...................................................................................................................... 16 NE I GHBO RB 00 D MA.P .................................................................................................................................. 17 SITED A T A...................................................................................................................._....................... .... ........ 18 PROPERTY OWNERSHIP MAP ...................................................................................................... ....... .... .... 19 HIGHEST AND BEST US E ...................................................................................................... .......................... 20 THE CDS T APPROA CD ...................................................................................................... ... ...... ........ ... ........ 21 SALES COM!' ARISO N APP ROACH ............0......................................4..................... ..................................... 21 LA.N"D SALES WCA nON MAP .....................................................................................................................22 IA.ND SALES CO RR.ELA TI 0 N ......................................................................................................................... 23 I I FROST APPR..AISAL/MARKET COt-lSUL1'A..NTS, INC. 'J " , I , THE mcoltlE APPROACH....,. .., 11' II' .....11 II ....,....t. ..."ll..'P........~l.l. ..,r..lIT. .................. ............................................. 24 I ADDENDUl\f',.. II' .IT." t nil , 1IIII T fTII'" II.......... II ......, 11.1 111' .............11.. ........4-............, II' T 1..........11 ......,................................... 26 AERIAL PHOroGRAPR I" "LII T 111.......11111 J L J ........... ......T..................M....lI III 1 J 1..................................~................. 27 FLOOD MAP _. "111.1.1.' II .........T I "1 I..H .11Ll l"'........T.U I J ,..V'...'V't'....1. ,......................1.. 'f" fl. .... "'f"" r. , If.. II.. ............ .......... 18 LEGAL DESCRIPTION. .U! 1111..111'11.'.,II........II....................II.T'.. III 11111................11.............. .l.................................... 29 QUALIF'lCA nONS....... ... ........ ... .......,..... ...... '.1J I L.L....... un........................, T II fl. , f'1'..............................................fII.... 30 I I 11 I ~.ROST APPRAISAL/MARKET CONSULTANTS, INC. It is hereby cer:tified and attested to that; /' An appraisal and a personal inspection have been made of a vacant public use/residential urban site. The site is located in the west side of McMullen Booth Road, 445* feet south of Drew Street, Clearwater, Florida. · The appraisal a..~ignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. o AIl statements of fact contained in the report are true to the best of our knowledge. No pertinent information has knowingly been withheld. · The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal, unbiased professional analyses, opinions, and conclusions. · We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. · Our compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. · To the best of our knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of' the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the, Appraisal Institute. o The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. · The Appraisal Institute conducts a voluntary program of continuing education for their designated members. As of the date of this report, L. Kenneth Frost has completed the requirements of the continuing education program of the Appraisal Institute. · L. Kenneth Frost inspected the property appraised on February 4,2000. · No one other than the undersigned prepared the analyses, conclusions, and opinions concerning real estate that are set forth in this appraisal. 1 FROST APPRAISAL/MARKET CONSULTANTS, INC. I I . I . i;'.:. 'J · The appraiser has performed within the context of the competency provision of the Uniform Standards of Professional Appraisal Practice. · The State of Florida conducts voluntary licensing of real estate appraisers. A3 of the date of this report, L. Kenneth Frost, having completed the requirements for education, appraisal experience, and resting, holds a valid certification as State-Certified General Real Estate Appraiser (License #RZ 0000150). The use of this report is subject to the requirements of the Department of Professional Regulation, Division of Real Estate, State of Florida relating to review by the Florida Real Estate Appraisal Board. Frost, MAl, 8M State.certified General Real Estate Appraiser License f#RZ ??oo 150 &?~~ Date of Signature 2 FR.OST APPRAISAL/MARKET CONSULTANTS, INC. Date of Appraisal: ". February 4, 2000 February 7, 2000 Date of Report: Subject Property: The subject is comprised ofa vacant public use/residential urban site located in the west side of McMuJlen Booth Road, 44S:!: feet south of Drew Street, Clearwater, Florida. The site contains approximately 213 ,444:f: square feet or 4. 9i: acres. Tax Parcel Number: 16-29-16-00000-220-2100 Type of Property: Vacant Public Use Site Zoning: OSR, Open SpacelRecreation District, City of Clearwater Flood Zone: X, areas determined to be outside the SOO-year flood plain, Dated August 19, 1991 Highest and Best Use: As if Vacant/Improved: Multifamily Residential Use Value Indications (Fee Simple): Cost Approach: Sales Comparison Approach: Income Approach Total Value Forecast: Not applicable $560,000 Not Applicable $560,0001 I . . I The following is a Summary Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Unifonn Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. 1 Subject to the assumptions and limiting conditions attached to this report. 3 FROST APPRAISAL/MARKET CONSULTANTS, INC. ~, ~, " ~'I',>'~J ( "., '. ",\,~_ ';..,.. . , ,'" .-,"...."'... .".' -' ,_ "~" " I'.'. 'J' The certification of the appraiser appearing in this appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the appraiser in the report. , f. The appraiser does not assume responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership and competent management. This is a SuI11lT1alY Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. Any sketches, plans, or photographs appearing in this report are included to assist the reader in visualizing the property, and the appraiser assumes no responsibility for their accuracy or interpretive quality. The appraiser has not made a survey of the property. Any tracts that, according to survey, map or plat, indicate riparian and/or littoral rights, are assumed to go with the property unless the appraiser finds easements or deeds to the contrary. The appraiser is not required to give testimony or appear in court because of having made this appraisal, with reference to the property in question, unless arrangements have been previously made therefor. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Any separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or ~ructures that would render it more or less valuable. The appraiser assumes no responsibility for such conditions or for engineering, which might be required to discover such factors. Information, engineering, estimates, and opinions furnished to the appraiser and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, the appraiser can assume no responsibility for accuracy of such items furnished the . appraiser. 4 FROST APPRAISAL/MARKET CONSULTANTS, INC. . . -, :t~.~" ~ , I,' ; .. ",".: ~', ~". ...., f.:.,: f. ,''-... ,',I,t' '" I,~ . >;j,'".: 7~' .,-:.'. ,,'"' -'t I I . . Neither all nor part of the contents of this report, or copy thereof (conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organizations, or the firm with which he is connected) shall be used for any purposes by anyone but the applicant or his assigns without the previous written consent of the appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news~ sale.CJ, or other meditlt, without the written consent and approval of the appraiser. The appraiser is not qualified to detect the existence of hazardous materials or other harmful substances~ nor the existence of environmentally protected plants and wildlife which may be present on or in the property. The presence of substances such as asbestos, urea.-fonnaldehyde foam insulation, lead-based paint, gases~ or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there are no such materials, substances, or environmentally protected plants, wildlife~ etc., on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required discovering them. The property is appraised as free and clear of any or all liens or encumbrances unless otherwise stated. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. It is assumed that all required licenses, certificates of occupancy~ consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the" written consent of the appraiser and in any event only with the proper written qualification and only in its entirety. No test borings or type and analysis of sub-soils were made or caused to be made by the appraiser. Soil of the parcel under appraisement appears firm and solid, typical of the area; and subsidence in the area is unknown or uncommon. The appraiser, however, cannot warrant against such condition or occurrence. 5 FROST APPRAISAL/MARKET CONSULTANTS, INC. '~',';"~:I,;". ..'.' .,f''''I..~~\;,jl ,\:,"1.}" .;, \,' ". I~ ;" J\' ~"/"Ilr." 'h,' .1\,: 'o/:,j", ~ ~~-!>..~-- .. ~ ~ I I ---~,~.""""'ft.--.~k"1." ~'N..."',lJ I'!:.~ l'....~ ,-,4.~'1 ..~...~.....--.--~ -." Compensation for this report is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use ot: this report. Sub-surface rights (mineral, oi~ or water) were not considered in this report. Consideration for preparation of this appraisal report is payment in full by the employer of all charges due the appraiser in connection herewith. Any responsibility by the appraiser for any part of ' this report is conditioned upon full and timely payment. Before any loans or commitments are made predicated on value conclusions reported in this appraisal, the mortgagee sllould verify facts and valuation conclusions contained in this report with the appraiser. The appraiser has not determined the specific flood plan status of the property appraised. If such data is available, it is recommended it be obtained prior to any development that might be contemplated. Liability for this appraisal assignment is limited only to the extent of the fee collected. This appraisal assignment was not based on a requested minimum valuation, a specified valuation, or the approval of a loan. Unless the client has provided specific guidelines, the report will follow the Uniform Standards of Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation. The client shall review the report within 30 days from the date of the report. The client shall notify, in writing, any disagreement with the analyses) data, or value within the above-mentioned 30 days. If no response is received, it will be assumed that the report, its analysis) and value oonclusions have been accepted. It is assumed that the client will review and agree with the report before the conc1usion(s) is (are) relied upon. Should information become available which would affect the value forecast(s) as of the date of the appraisal, the Professional reserves the right to revise the report. Should a dispute arise with regard to the report, it will go before an arbitration board prior to any complaint being filed in a court of law. The board will be comprised of three real estate appraisers from the Tampa Bay area. The appraisers shall hold the MAl designation as members , of the Appraisal Institute and will be agreed upon by both parties. The land survey has not been reviewed, The value analysis relies heavily on a visual inspection of the site and other data provided. The results of this report may require some modifications if a current land survey reveal areas different than those used in this analysis, L. Kenneth Frost last insp.ected the site on February 4. 2000. 6 FROST APPRAISAL/MARKET CONSULTANTS, INC. I I I I The purpose of the appraisal is to estimate the market value of the fee simple interest in the property. The prop~tty includes a vacant public use/residential urban site. The date of the appraisal is February 4, 2000 (the date of the last physical inspection of the property). The date of the report is February 7,2000. The appraisal was prepared at the request of Mr. Earl Barrett with the City of Clearwater and is to be used for acquisition purposes. Market value is defined as: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: · Buyer and seller are typically motivated; · Both parties are well infonned or wen advised, and acting in what they consider their own best interests; · Payment is made in tenns of cash in United States dollars or in terms of financial arrangements comparable thereto; and · A reasonable time is allowed for exposure in the open market; I . The price represents the nonnal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. I 1 2 Chapter 12. Code of Federal Regulations, Part 34.42(t). 7 :1 FROST APPRAISAL/MARKET CONSULTANTS, INC. I I . >:.'~'~?l~~~~~S""""'~;"N"o::-....l~ ,....:. ..y...... . ,,, _.~~$}~U y. . ,:1:;,'~';;>::k :.:.,:-v. ,,:.x.; 'oX';:;::' ',' ... '" ' '~ ' Y..?W";-~:;::t;<f~~ws~~~~::: "... . >>: '.. . ~~ -: .. I Exposure time is generally defined, as the length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. The total land area is approximately 213,444:f: square feet"or 4.9:1: acres of land. Taking into consideration the size of the site, sales of other sites, and current constraints regarding financing of real estate, and the value forecast; it is believed that a reasonable exposure time would be 6.()::!: months. I The interest appraised is the market value of the fee simple interest. Fee simple interest is defined in The Appraisal of Real Estate published by the Appraisal Institute, as "the highest type of ownership in real estate known to law. The owner is entitled to the enjoyment of all the rights of the property. Fee simple is an inheritable estate subject to such normal limitations as taxation, police power, condemnation, etc." Public records did not reveal other deed transfers during the past five years. WoA. . , The total property is assessed by the Pinellas County Property Appraiser's Office under folio numbers 16-29-16-00000-220-2100. The property is assessed at $320,,600 and the real estate is not subject to taxation as it is public use property. The site is zoned OSR, Open SpacelRecreation District, by City of Clean.vater. This zoning allows for open space, parks and recreation facilities. According to a representative of the Clearwater Planning and Zoning Department, the alternative zoning would most probably be residential urban with a maximum density of7.50 units per acre with a floor area ratio (FAR) of 40.0 percent. 8 FROST APPRAISAL/MARKET CONSULTANTS, INC. . . . . . " , , " ~ '.... \ ,. -. -. , According to Flood Insurance Rate Panel number 125096 0017 D dated August 19, 1991, the property is within an 'area designated X. Zone X encompasses areas determined to be outside the SOO-year flood plain. As request~ a summary report is being provided. As the name indicates, a summary report provides a summarization of the data and reasoning involved in preparation of the report. Presently, summary appraisal reports can be used when there are a limited number of intended users who have some knowledge of the real estate, and the intended use does not call for more than a summary of the information regarding the data, reasoning, and analysis in the report. The searcl1 for public useJresidential urban sites included a large portion of Clearwater and Pinellas County. The search concentrated on sales of sites similar to the subject in terms of size and location. The data on sales were obtained, when possible, from grantees and/or grantors. Land sales were obtained in the local area and in proximity to the subject site. When necessary, information from the public records and/or the Multiple Listing Service (l\1LS) was relied upon. 9 FROST APPRAISAL/M.ARKE'l' OONSULTANTS, INC. Amendments to Chapter 163 Florida Statutes, require local governments throughout the state to adopt comprehensive'land use plans. These plans must include Level of Service (LOS) ratings for at least seven types of public services and facilities. The concurrency requirement goes into effect for each local government not later than one year after approval and adoption of its comprehensive plan. A concurrency management system is presently in effect in Clearwater. Chapter 163 also stipulates that local goverrunents cannot issue a development pennit for a proposed development if its impact would cause levels of service to fall below the adopted levels. That is, public facilities must be available and adequate concurrent with the impacts of the development. In order to determine whether a property can be developed, it must be examined by city and/or county officials. Development may be allowed, allowed at a density lower than that pennitted by the zoning designation, or deferred until the level of service is improved. Again, individual municipalities may have separate procedures. Development may be allowed in certain areas without adequate service if improvements are scheduled within certain time frames that will improve the condition to an acceptable level. The potential development of a property, therefore, must be examined with respect to the concurrency of available services. The value of a vacant parcel will, undoubtedly, be affected by its concurrency status. The subject is a public use/residential urban site. Based on conversations with representatives of the City of Clearwater, the LOS is "F." The City requires that an impact study be prepared to evaluate the effects that a proposed development will have on the existing transportation and utilities in the subject vicinity. Off-site mitigation may also be required by the City to develop this site. The City may require the developer to go through a mitigation process before allowing any future development. 10 FROST APPR.A.ISAL/MARKET CONSULTANTS, INC. I I I .. " . , . ' .' '. ~ .. t . . .. \ , ' SUBJECT PHOTOGRAPHS View Looking Southwest at the Subject from McMullen Booth Rd. 1 1 FROST APPRAISAL/MARKET CONSULTANTS. INC. I I SUBJECT PHOTOGRAPHS I View Looking Northwest at the Subject from McMullen Booth Rd. I , I 12 . FROST APPRAISAL/MARKET CONSULTANTS, INC. I I I I SUBJECT PHOTOGRAPHS View Looking East at Subject from Cul-de-sac . FROST APPRAISAL/MARKET CONSULTANTS, INC. 13 . \ . ' ..' , ,,', ' " " . " i . I' , , ' . . . :' , .. '. 'I .'.\ '. ~ " ., l " ~',)':l,~;lo'l>>nftN1!ftI>.I Q~..~.\l*"'iI&l_.tt",)~"'';'i \!l\:J"~..1 \ ': i' ;:; ~ i I , . ., ...'. \:.. ~... ,. ~ t ,....\. ,;....,~I~I~'J(...;'\r..I'. f,.: :',. '.' i: '.' SUBffiCTPHOTOGRAPHS View Looking Northeast at Subject from Cul-de-sac 14 FROST APPR.AISAL/MARKET CONSULTA.NTS, INC. I I I [ SUBJECT PHOTOGRAPHS View Looking North on McMullen Booth Rd. . I I FR.OST APPRAISAL/MARKET CONSULTANTS, INC. 15 . ...... ...,',' t ' . . I.,. ',', ~ ' '\ ,.,.,' .:' .,' I , ' ,..", " ," , . . '~_'l.JU....,...:..III. ~ --,~ "'-~~"'W__a.J...",.'.....;.J. '-'_ _. ...._....,.......... t. _........ .--.., The subject property lies within the incorporated City of Clearwater. The neighborhood is defined by Tampa Bay on the east, U.S. Highway 19 on the west, Gulf-To--Bay Boulevard on the south, and Main Street on the north. U.S. Highway 19 and McMullen Booth Road are major north-south arteries in the area. Gulf- To-Bay Boulevard is a major east-west artery. U.S. Highway 19, McMullen Booth Road, Gulf-To-Bay Boulevard are multilane arteries. The subject property is located on the west side of McMullen Booth Road, south of its intersection with Drew Street. Drew Street is a four-lane street A mixture of office, retail, and other commercial -uses surrounded by residential development characterizes the area. A large population growth is not anticipated in the foreseeable future because of the mature characteristics of the neighborhood. Most new development in the area will be in the form of redevelopment as there is a limited amount of available vacant land in this area. Future development will most likely be the conversion of residences to small commercial use and the replacement of existing structures with new facilities. In the immediate vicinity, however, there are prospects of new residential developments. A large apartment project was recently constructed just east of the subject site. These should be enhancements to the neighborhood. No history of flooding is reported in the neighborhood and individual retention ponds typically handle storm sewerage. No known nuisances or hazards are known within the immediate surrou:lding area, which would have a negative affect on property values in the neighborhood. In summary, the subject is located within a neighborhood typified by residential properties. Value in both improved and unimproved properties in the area appears to be stable. This trend is expected to continue into the foreseeable future. The neighborhood is in a stable growth area of the county. The favorable mix of properties and the transportation facilities provided in the neighborhood indicate the neighborhood should remain desirable for commercial and industrial development. Considering the above factors, it is our opinion that the subject's neighborhood is well located and has good potential to benefit from future increases in property values. 16 FROST APPRAISAL/MARKET CONSULTANTS, INC. I I L NEIGHBORHOOD MAP I 4\t1 St, Q) ~. a -8 a ~ al ~ >- al ... lI) ~ ::E ~~"""~"'~7~~"'X~ ..,,,;;~..:~~ ~'.~" ''':i''>'''''~ \: ,', '.~i'l:i'!:l..'..'::......"_. "i.":.j~';;.+' 'r:, .',1 ~,'-:":~fc:TJ' v / i , ': ....:'.: 1; ~~~ A'ItQ , ':- ':::~,;.....,;E.:? I -,-- ~4) ~~ / 00. o~ , tf.1 .- .~k f '1 I ~I ~ II' \ ~ri~~~ ;:~ .. .: 5 .'.t,.. . ' .. -1/--' .- '~:~~'lt?,".' j ~ i ;!~~;r:, ,; ;,; _~~_~!Si~S!__.._ I "':.,,- /,/' ~~(:'~~ ./ /,/...,.;.'~r:::;,/7fT~~iiI~,:~.~:\ / ,...':..".<,.,....,~~..,~,",'Jfl.,.v.".t f , .};\~::i.-~;~:.:.:.~(~':;:;):ri~r't.;;;},~':~~;:;~ ,.'.. -:f.~~,h......~ ",~,.,t.') -1...,...'r.~~'..:.,.,. ,',' ;;;~~~~}.'f;,~ ~t;;:j:~~f~:0}:}~1>~'~' .i~'-='.~.fct# .", ,,"':\~ '; ~.;~ ~ ...r.!tI-v"i1~ .~!:,.. '}~",' , ,~~;;.;l :,~ ~.,' ;,~~.~;;;~/ ~~ ~C~. o~ ~.".'fio' '-#~ r:,o. ~ .... ... ell j, b' sf a. (,) Mia&lotJ at "- CJ~ ~ *"~ j I' .Mc_~l1and .Dr__ <0' ...~\. K~ Kovo [)- G19!t Oak AYiI Sen Jose st ,-:;':.'t II',' ,0/ .".'0 "\ '" \ _~!!_~!O 81 San 8QmQdino SI . ----.---.-...... 5th St IIIklrnll A~ Thomas Rd H<>yt ^":O ~o/fQ Rd i eor<klGux !::~.. C\eVe\a.nd'S\ / i I , Ol"Qwst/ .....- ---,-...-..------- /" Bay Ln / ,/ '0' ,i! rQ; !!I i~ =. C/l; Cham b)Q.a Ln .. -,_.-..-- -.-.-.._-~- --...... --......,- _..~..--.,........ . w .... o "0 o ~ ..i (I) .... J" i?i :.: ,/ -' Ch~ape8~"';''';'''''' .. .' Vrrg'lO'aa Ave \JOhns Pkwy K.e~ Ave [)OWnmg St. . -.P 4.... ~~ ~ .,;. ". , € ',' >(~@~ ~ ....-'d .~..~~;;!;t'~~:.:~: ~'1'-_1-: .-IT .' . ..:::}~lf~1it:~j~,~~i2~~~:.,:. .... ~~ ,.t~.t..\...~..1.'" fr'":~,I,fl,fl...'..~..,.:,.t :'1}" rt...;..}/,,~t.:. - '.'.Z~~ftli:fr'~'~!::?tr~jj:2. . .. 'I' ~:...' :.: ~ :: .. I.' ',.'_" .^.- ~,.-:'4,:,'. ~.:"i~",!~', .~:..,.,'..,.:~,',." . '........ . -.--. '-- _....--~;~.~~~._...........~..... , , . " ~lOllna AWl __ __ i ~----=-= , Rogers St r$> t \ ~ ~ , \ , \ , \ \ I, . \. ';.' . ) '\ OIdT~Btty ~ . "\" .. . ..... '...: . ,,": ~ .." f ~ / .~...~. ~ ~ ' h :....-~_.;._:, .:'~. .' 17 FROST APPRAISAL/MARKET CONSULTANTS, INC. .-.......-.---. ' I I I The site is located on the west side of McMullen Booth Road, just south of its intersection with Drew Street. The eastern boundary on McMullen Booth Road measures 527.08:1: feet. The southern boundary measures approximately 494.05:t feet and the western boundary measures 527.08:1: feet. The northern boundary measures 519.05:1: feet. The calculated area is 213,444:t ... square feet or 4.9:1: acres of land. The property is located on the: West side of McMullen Booth Road, 44S:f: feet south of Drew Street Clearwater, Pinellas County, Florida. The preceding dimensions were information taken from the Pinellas Count)' Property Appraiser's Office. It is assumed to be correct. A copy of the property ownership map taken from the Property Appraiser's Office is included in the addendum. A legal description was not provided. The site appears to be at street grade with McMullen Booth Road and slopes very gradually downward to the southwest. Drainage does not appear to be a problem. The site is zoned OSR, Open SpacelRecreation District by the City of Clearwater. This zoning allows for open space, parks and recreation facilities. According to a representative of the Clearwater Planning and Zoning Department, the alternative zoning would most probably be residential urban with a maximum density of7.S0 units per acre with aFAR of 40.0 percent. Util~ties available to the subject include electricity~ telephone, water, garbage collection, and police and fire protection. There were no toxic waste or potential environmental hazards or special resources apparent on or near the property. The preceding statement is based only on a visual inspection of the property. No chemical or scientific tests were performed on the subject property. The site is improved with a ball field known as Chesapeake Park. As agreed, the improvements are not considered in this analysis. I . . . 18 FR.OST APPRAISAL/MARKET CONSULTANTS, INC. ~ t I" ,':, . . , ' '.' ., .. "' /:.' I 't, r PROPERTY OWNERSmP MAP c -< o a: ", 11.-'" .::::.;r;o , .1 . -- , L+ ,., :'1') Mmf-- ....II ~~ rn J ~ -~ l~':2'...rJ :I: t- O o II3 ~ EET -. I CLEVELAND S1 Z LLJ ....J -1 ~ ~ -- - 19 FROST APPRAISAL/MARKET CONSULTANTS, INC. " : .,' \,' " '.... '" ., . 1 ~ ~ '.' ,! .,. ..., ',61 .~'. ; '7 -~ ' '; of I " IIL-LI"~ -v' r -r;i'.~lWa1!Ot:C{J:...~t~~~~.t::~~\J"''':''~\~~S~'''.1~U~~~..'.,.;.:.';' ~'J.u ..:,~' ,.... " . t '\.\l.. .... Highest and best use as defined in the lOth Edition ofIhe Appraisa19fReal Estate is: The reasonable probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. InGHEST AND BEST USE AS THOUGH VACANT: The subject site is well located for a public use1residentiaI urban site and the site is zoned for this use. Its highest and best use is considered to be for a public use/residential urban site or other commercial development. ffiGHEST AND BEST USE AS IMPROVED: The site is vacant. 20 FROST APPRAISAL/MARKET CONSULTANTS, INC. i I The cost approach is based on the principle of substitutio~ which states dUlt a prudent purchaser would not pay more for a property than it would cost to purchase an equally desirable substitute. The principle implies that a knowledgeable purchaser would not pay more for an existing property than it would cost to purchase a vacant site and construct similar improvements on it as long as the substitution can be accomplished without undue inconvenience and undue delay. As indicated in the highest and best use section of this report, the subject site is vacant. As a result, the cost approach is not considered applicable and it is not used in this report. The following is a summary of the data on sales of vacant sites that are considered to be most similar to the subject. SUh1MARY LAND SALES CHART Sale Sales Size Size Sales Price SaIes Price Allowable H2:. Date Price (~ Sq. Ft. Acres Sq, Ft. Acre (~ JJnits 1 Contract 580,000 217,900 5.002 $2.66 $116,000 75 2 Dec-99 2,300,000 511,80011.749 $4.49 $195,800 88 3 Jan-99 4,536,000 1,524,60035.000 $2.98 $129,600 432 4 Jun-98 1,030,000 310,100 7.119 $3.32 $144,700 MixlUse 5 Feb-98 1,120,000 461,70010.599 $2.43 $105,700 68 6 Jan-97 1,619,000 1,099,90025.250 $1.47 $64,100 379 SUBJECT 213,400 4.899 36 Pricel Unit $7,733 $26,136 $10,500 ' N/A $16,471 $4,272 21 FROST APPRAISAL/MARKET CONSULTANTS. INC. I LAND SALES LOCATION MAP -- ,'..... ~ 1 '-. .. "',"" ......'. ST, PETERSBURG BEACH (....Ot-'\" .........v$ Bay 22 FROST APPR.A.ISAL/MARKET CONSULTANTS. INC. , , " ' " ," -{. ~ , "," t t ~., . " . , ' "I: 1':\ l " ..,". . , I I . The preceding sales indicate a range of $1.47 to $4.49 per square foot and $4,272 to $26,136 per unit. Because of the differences in the properties and due to limited information, quantifiable adjustments are not practicable. However, the preceding subject comparisons of the sales with the subject indicate the following: SALES SALE SIZE ALLOWABLE PRICE PRICE PER SUBJECT NQ.. DATE SO.Fr, UNIT-.S PER SQ. Fr. :u.m:r SHOULD BE 6 Jan-97 1,099,900 379 $1.47 $4,272 Higher I Contract 217,900 75 $2.66 $7,733 Higher 3 Jan-99 1,524,600 432 $2.98 $10,500 Higher 5 Feb-98 461,700 68 $2.43 $16,471 Lower 2 Dec-99 511,800 88 $4.49 $26,136 Lower 4 Jun-98 310,100 MixlUse $3.32 N/A SUBJECT 213,400 36 Based on the preceding, the per square foot value of the subject property is judged to range from $2.66 to $2.98 per square foot and $10,500 to $16,471 per allowable unit. Therefore, the value indication for the subject resulting from the sales comparison approach is as calculated below. And CONCLUSION - SALES COMPARISON APPROACH Consequently, the value forecast based on the direct sales comparison approach is concluded to be approximately $560,000 ($2.62 per square foot and $15,555 per unit). 23 FROST APPRAISAL/MARKET CONSULTANTS, INC. , '. ,~ ' " ~ . ., ." f # . . . . I.... '. ' ~ ~ i\ ~ The income approach was not used in the appraisal as the subject is a vacant site and it does not have any income producing characteristics. 24 FROST APPRAISAL/MARKET OONSULTANTS. INO. . : .' . ..f/' . ','. I .,',... ", . .~.. . . ~ " , .' , , \. , ' ,J ~t RECONCILIATION OF VALUE INDICATIONS The preceding appraisal has applied the generally recognized and accepted procedures and principles for valuation as described in the report. The value indications resulting from the income approach is summarized below: .' ,. INDICATED VALUE Cost Approach Not Applicable Market Approach $560,000 Income Approach Not Applicable In conclusio~ it is our opinion that the market value of the fee simple interest in the subject property, as of approximately February 4, 2000, and in accordance with the attached assumptions and limiting conditions, is reasonably represented by the amount of: ... FIVE HUNDRED SIXTY THOUSAND DOLLARS... f$560~OOO) ~~ e Frost, MAl, 8RA Slate-Certi.fied General Real Estate Appraiser License #RZ ??oo ISO ?//~~ Date of Appraisal 25 FR.OST APPRAISAL/MARKET CONSULTANTS, INC. ': " \' '!\ 1 ) ,', '.'-~ ..., ' . . f::~~~':f~~: ~Y;:;'::;-~:" '~}"; 'r.:::j~~S:;;':f.~~~;~:g ::::~~",~~:.: ":,::.-: ~;:,~::,,~.~::~?';::..t~-;"""'~:z'''j''r%r:'{;~~;,~'~~'''''m:: i:~';O~,: ~~":.:~$~:::-~':{>'::::::~:'"~::~i~:~~~':s:~::.':t::';:~:::~:::;tr::~:-~:.~:~~~::.;.x:w~~":~~:;>~:('~;~~~::S:':::':::] ~"' .;.' ',' '. ': "...., ..' , .' ,/.. .~y;;;../,(..... {:,> N'/~ ~ J. ~ '/~":/.' , ..~.--:. '-'/"'t: ~,.,'/ .' Y"~~ : ,~" ./ .......;., ~y ~...'lf; ,v. ('..;..;.:-.....'.... .; :,...:": .,. "~' :"...,;.o:-.,>>>,^~~?><"<~~<<",',;':':::<.1..,,.:...:,,<:;:::<:..,:::.~~::~~::;,:.-;~::?:-~:-:-~~.:.x::..<{":<<<.j.x..:..-:: ~..;~';.~~,;;.;~~:J~;::;~;.)t.~;.,.;~t%$~};.;;;:i;i~;~l.;:~~::~i1;J);~:~;<,i%j,<.i.J:gl~~;:~~.:i~~ ~~~~;~:;J~:~;~:~)::~::~~(~::;~i~~~~~~$~i~~~~~t1~W~~~(.;~~~;;~$..{~ . AERlALPHOTOGRAPB.... ! "rulln I I f.,. IIII 1..I".l.J,..11J I f 111IJI It 1111 "'1"'111 '1111.1111. ...11..... '111 ." ...... ....................... 27 PLOOD 1\fAP.I.I.........l1I.'....IIIII.III. I.'.,.".I!. 111JIII .1.111.1..........1 III f I lrlll"UJlIIU I I...."...... II .... .1. ....... II ............., ....11. 28 LE.GALDESCRIPTION..'llllIJIIJ 11. I' 1 11.111111..1'..".........1.1'....'. rlfTIT.I,.III]11 II ... III' I." ... ........ '1'" 11. ....................... 29 QUAI'..MCA,T10NSI n.II"ll,,1 .111 r II T1 n.. '11'111 II"'UII 11111'" J ''''''11' J 1"'11""''''''1 "....... ............................................. 30 26 FROST APPRAISAL/MARKET CONSULTANTS, INC. , " . '. " . . , , . . . '~., ~". '.' . ..,.., '.' ~ ' , ," , " , AERlAL PHOTOGRAPH 27 FROST APPRAISAL/MARKET CONSULTANTS, INC. FLOOD MAP l --I I r III l~- IL- r- - c:: >-W ~~ Ptnclla~ z ~ Cllumy 6 0: ul~ CJ)I~ q:U ~Io z ->- tl..1- lu --~ ZONE X . (Ii i~i ,:-,1 :! - ! i ill; I I! : ! ! I iI! I : ! Pindl:ts County, ., '" ,r ~: -- -', H II Ii ---- '-Iii 'u ':::1:-'- 1 (1_.., Pind[;J.s I ( . \ 't::1I:- I ZO NE X ZONE X I I : : i I I'll : : : : 'CNE I; Ii I! II " r;-- ,. .In I fL -i ::-=_.-'k~ ~:! (~f]7i:j}A.. Dd- [ . 11 r;ULF TOj: ~i~Y BOULEVARD ~. TfHilb[z,rJ.O]N .i';",::.';( .""'''' ZON~~ . ZONEX\\ ~ ~ \ \ , \ Si I: \../', I I! II : I "'if' ~1....f,(D .\1.... I '.', " \ ' . - 'I' ,"iII . J '_ __La COI,\IlU""1 'AIIH /Mllilk ~ ~ ~'Tt' ~~? ~"""l~f _':..... ""._'....."1 .. _..... . :::,.,.; CI':! ~. 1..t".~. ;i : '.;.' . . . 28 FROST APPRAISAL/MARKET CONSULTANTS. INC. ; !; "I ~ - ~~v. ..."...... ......~~~'4..'^\~.:.i~l.;(;.J.:=.'i..:A1~VJ1.jt".. f .. ... r . ~ .. A legal description was not available. .,', 29 FROST APPRAISAL/MARKET CONSULTANTS; INC. , ; ~ ' . . ~ I I ~~;~.:{::~~~~j~~~~ ::i~;:~~~~:;<;'~~;T~;~T\rfiIT~r.~~::';~~;0%d~:f~~miruj~~~~~ii~~:::~ttIT;i:~~i.i~~;~f;s.:~;:;=r.0~ ,};.-....I'..'..;.t"...I..~...<<".;..........""...y.'..~..&!"...;...._.4'...J:..n..,h'....;..fi..;O1........;.:N....:.'0:...u..-~.,,jI..a....^:i~~~'l.V~}~..~<<W.;.~....::.~~.a..&...,:;,x.6..."'=}.:;.......).,.'.~~;.....~}~...;..lli:...;$'&:0.;,~.,::,;*6-;.u..~a\IJi~ L KENNETH FROST. MAl. SRA PROFESSIONAL DESIGNATIONS ", Member of the Appraisal Institute - MAl, SRA LICENSES Real Estate Broker, State of Florida Real Estate Salesman, State of Georgia State-Certified General Real Estate Appraiser (#RZ 0000150) - Florida EDUCATION BBA Degree, Real Estate Major University of Georgia, 1964 American Institute of Real Estate Appraisers Courses Real Estate Appraisal I - Basic Methods & Techniques Real Estate Appraisal II - Urban Properties Real Estate Appraisal IV - Condemnation & Court Procedures Real Estate Appraisal VI - Mathematics & Capitalization Various Seminars Mortgage Bankers Association of America Courses - Various Courses/Seminars Society of Real Estate Appraisers - Various Seminars Real Estate Securities & Syndication's Institute (RESS!) - Various Courses/Seminars EMPLOYMENT President, Frost Appraisal & Market Consultants, Inc. Clearwater, Florida (1993 - Present) Principal, Ross Alexander & Company Clearwater, Florida (1980 - Present) President, Appraisal Market Research, Inc. Clearwater, Florida (1980 - 1993) 30 FROST APPRAISAIJ/MARKET CONSULTANTS, INC. """,... , ___ --:-- t.....~. ..- - ......,.~ T - , '.' ..... "..., ~. I, ~'.. '-1:; " . t ~ - .!. '" - .. 01'\., ," '.. , , ;;"" . . . Senior Vice-President, Landauer Associat~ Inc., Florida-Caribbean-Latin American Regional Office, West Palm Beach, Florida. Real estate consulting, evaluation and valuation of major properties. (1974 - 1980) Senior Appraiser, New York Life Insurance Company, Atlanta, Georgia. Engaged in valuation and evaluation and mortgage loan underwriting of major properties. (1971 -1974) EXPERIENCE I . I II 11 - , , , - ~ , , - - Real estate consultant and appraiser since 1964. Emphasis has been on income producing properties; however, assignment' have included residential, commercial, industrial, agricultural, and special purpose properties. Since 1974 have provided consulting services in the analysis of investment properties, land utilization studies, feasibility analyses, market studies, and valuation. Held chapter offices of Vice President, Secretary, and Treasurer with both the American Institute ofR.ea1 Estate Appraisers and the Society of Real Estate Appraisers. Served on many committees with the Appraisal Institute (formerly the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers), and the American Society of Real Estate Counselors. Some of the committees included: Regional Member of Review and Counseling at the national level: Chainnan of Admissions at the chapter level: and served as chairman of admissions teams at the loca1level. Also served as a director with the Florida Association of Realtors (FAR). 31 FROST APPRAISAL/MARKET CONSULTANTS,INC. \ ' I .' t .' Jo' ", . ,', . . ,~, ' " . ': ' I ,.",',,,.. '" , I ' ~ I , " b. _ --'.t.,' 14 I , 3 ~ ,,~eS' -t(DvY\. . 0 \J e"- -\0 \ 0. s-\- ~\~ t:,. . -e. ~'C-~, \~ fAj , reJ 30 ~v.. vY' ~ ..e. SUMMARY APPRAISAL REPORT VACANT RESIDENTIAL LAND N/S OF DREW STREET AT HAMPTON ROAD CLEARWATER, FLORIDA PREPARED FOR: EARL BARRETI CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER, FLORIDA DATE OF VALUATION: FEBRUARY 3, 2000 DATE OF REPORT: FEBRUARY 5, 2000 PREPARED BY: FROST APPRAISAL AND MARKET CONSULTANTS, INC. L. KENNETH FROST, MAl, 8RA STATE CERTIFIED GENERAL APPRAISER LICENSE NUMBER RZ ??oo150 . . . FROST APPRAISAUMARKET CONSULTANTS, INC. 901 Chestnut Street, Suite E Oearwater, FL 33756 FAX: (727) 446-4449 (727) 461-4057 E-mail: frostappraisal@ij.net February 5, 2000 Mr. Earl Barrett City of Clearwater P.O. Box 4748 Clearwater, Florida Dear Mr. Barrett: In accordance with your request, we have made a personal inspection and prepared an appraisal of the medium density residential site facility referenced below. The property is located as follows: North side of Drew Street at Hampton Road Clearwater, Pinellas County, Florida II , - I I , I I The following is a Summary Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were'used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. The appraiser is not qualified to detect the existence of hazardous materials or other harmful substances, nor the existence of environmentally protected plants and wildlife which may be present on or in the property. The appraiser has no knowledge of the existence of such materials, substances, plants, or wildlife on or in the property. The presence of substances such as asbestos, urea-formaldehyde foam insulation, lead-based paint, gases, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such materials, substances, or environmentally protected plants, wildlife, etc., on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required discovering them. If one suspects that any of these factors exist, he is urged to retain an expert in the appropriate field. (, , ,'.:: ;', ''\.... {..~, "4< , "' ........ Mr. Barrett February S, 2000 Page Two The analysis and value estimates are subject to the assumptions and limiting conditions that follow. Any variation from the stated assumptions and limiting conditions will necessitate a reconsideration of the value estimates presented. In conclusion, it is our opinion that a reasonable estimate of the market value of the fee simple interest in the property as of February 3, 2000, as is, and in a.ccordance with the attached assumptions and limiting conditions, is represented by the amount of: ... FIVE HUNDRED EIGHTY THOUSAND DOLLARS... ($580~OOO)} We appreciate the opportunity to provide this appraisal service to you. Should you have any questions regarding the value forecast or methodology used, please do not hesitate to call us. ./ ./ e rost, MAl, SRA Certified Oeacnl ApprailCl' License #RZ ??oo l~ -Z- / /tr / df7C? Date ot Signature 00/3 . . I CERTIFICATION OJ! APPRAISERS ........ 11 r I r T I r T 1'1. f,1 III Ill' III TTf. r... ........ 1"1.' .1... 1'1' I" ....................... 1 . S"UMMAll.Y .".. . r I" ....t"......... JlTT J"TI J' I. IT..... 1...1.1., LII f II J."""'~S fIll' 1 1 ~".l'l1'IJ' T..........b-.I1........Al..,................O~............... 3 ASSUltlPTlONS ~ ~G CONDmONS ......Tlll .........................l..TT'.1i'.. 1................................................4 . P'lJRPOSE OF '1'B:E APPRAIS.A T tiT ..rl".......,... 1......................................."1 TII ........A-... ............................................... 7 I FUNCl'ION OF TftE. APPRA.lSAL "'11'11' ""tfUI I ........4. f'" "11 Ill............... T...1I..r~'.r.......I.......1..I.......t........................ 7 MARKET VALUE DEFINITION ......... , If.................. .... II .................. .... ... .... If. ................1. l. ......................... 7 EXPOSU'RE. 'rDf:E. ........................... ..... ... ..... ............. ................ ............... ..... . Ll f 1..........~............ ..... ...........................8 PROPERTY Rl.Gm'S APPRAISED ............ ......... f' ........ .................... ... I' I... II ,........................................................ 8 FEE S~LE DEFlN"mON .....1.... .l...................................................... "1 III T..e... .1.. .............................................8 HISTORY OF 'I'B:E PROPERTY'........... ........., .................11I1I........ ................ .n.-....................... ...D........................... 8 PROPERTY T.AX IN'FORlflA.TION .......,............ ............................. .J..'" ".'T" .......................................................8 ZON'lN'G.. I... ....... .....,.....,.... II' ....... .......... ............... cr. ... ............................. T" r "'f ............................. ........................... 8 FI..OOD W,NE I:N'FORM.A nON...... .................................r... ............ I ,., ~ I' f... T ....... .... ......................~................... 9 SCOPE OF 'r.dE APPRA.ISAL............................................................................................................................. 9 CONCURRENCY PROVISIONS OF CHAPTER 163, FLORIDA STATUTES............................................. 10 SlIWECf PHOTOGRAPHS............................................................................................................................... 11 NEIGHBO RH 00 D 0 VER~W ....................................................................................................................... 15 NEI G BlJO RH 00 D M.AP .................................................................................................................................. 16 SIn D A T A .. t..... v. ................................................................................................................... ............ .......... ......... 17 PROPERTY OWNERSHIP M.AP ........................................................................................................................ 18 m GHEST AN">> DES T USE ................................................................................................................ .... ... ........ 19 THE COS T APPROACH ........................ .................................. ..... ... ... ..................... ...... .... ...... ..... ...... .... ... ........ 20 SALES CO MP .A.RISO N APPRO A CD ..........................0.................................................................... ....... ... ..... 20 I....A.N'D SALES WCA TI 0 N MAP ..................................................................................................................... 21 LAl'lD SALES CO RRELA TI 0 N ...................................01.................................................................................. 22 . 1 FROST APPRAISAL/MARKET CONSULTANTS. INC. ~ .' " ~.. j. \ '. ' , '... \" ' " . I /' ': .. ~. 4 , .. . " ,,,' .,,' / f .. \:.to . I , , ;: '~ .' THE IN'COl\lEAPPROACR 11111111'11'1111 fll .1I....11..............T..T'II. I. fill. IJ 1111.1111 II II 1l......U. 11 J fill ... I.. r.. .... .............. 23 ADDEND~......T..l...11. '1. r 1111111'''.'' 'T III .1 . I' .... t . .IT . ...UI1IIT................1I...11l.T ....11.,.....................25 AERIAL PHOTOGRAPH.... , .........11..'.........11'11. Tarlll l 11 II lUll 111111 I. u. r .......... .... ... .... ............... .... .......... 26 n.oOD MAP .......'...1.,-.... 1 . f1 I r .1.1 ,....4......1.. .....IIIIl. 11""In,T.., T' 11"'''11' "1". I""'. T ..1... 'U.1l' 'I. II IU....................... 27 LE:G.AL D~CRlP'I'ION.-qu.1I1J .III..II..I..'.!!...., "lrll"'" nil"" r," ......lI.....UH. J "" ...... ....I1U.....ll1 In I 'Il II '''''"1 ,.................. 28 QUALmCATIONS.........Tlll.Il' ..T1'TfTI..l..........Jl J 1" '"'''1''' '111'''.''1 I JIll .fT......II.'..........'.......1lIT..1I,..1I1~.................... 29 .. 11 FROST APPRAISAL/MARKET CONSULTANTS, INC. .s:;._~~""""":Mt"""""""---'''-~-- ----..-. -." . It is hereby certified and attested to that: .... . An appraisal and a personal inspection have been made of a vacant medium density residential site. The site is located on the north side of Drew Street at Hampton Road, Clearwater, Florida . The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. . All statements of fact contained in the report are true to the best of our knowledge. No pertinent information has knowingly been withheld. . The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal, unbiased professional analyses, opinions, and conclusions. . We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. . Our compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use ot: this report. . To the best of our knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. . The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. . The Appraisal Institute conducts a voluntary program of continuing education for their designated members. As of the date of this report, L. Kenneth Frost has completed the requirements of the continuing education program of the Appraisal Institute. . L. Kenneth Frost inspected the property appraised on February 3, 2000. . No one other than the undersigned prepared the analyses, conclusions, and opInIOns concelning real estate that are set forth in this appraisal. . The appraiser has perfonned within the context of the competency provision of the Uniform Standards of Professional Appraisal Practice. 1 FROST APPR..A.ISAL/MARKET CONSULTANTS, INC. " - j', ~, '~ " I I I - . The State of Florida conducts voluntary licensing of real estate appraisers. As of the date of this repo~ L. Kenneth Frost, having completed the requirements for education, appraisal experience, and testing, holds a valid certification as State-Certified General Real Estate Appraiser (License #RZ ??oo150). The use afthis report is subject to the requirements of the Department of Professional Regulation, Division ofRea.l Estate, State of Florida relating to review by the Florida Real Estate Appraisal Board. . h Frost, MAl, SRA Statc-Ccrtificd General Rtal Estate Appmiscr License iIRZ ??oo150 . . . ,. 2 FR.OST APPRAISAL/MARKET CONSULTANTS, INC. Date of Appraisal: February 3, 2000 February 5, 2000 Date of Report: Subject Property: The subject is comprised of a vacant medium density residential site located on the north side of Drew Street at Hampton Road, Clearwater, Florida. The site contains approximately 217,884:1: square feet or S. O:t: acres. Tax Parcel Number: 08-29-16-00000-34~OO Type of Property: Vacant Medium Density Residential Site Zoning: MDR, Medium Density Residential District, City of Clearwater Flood Zone: X, areas detenmned to be outside the SOD-year flood plain, Dated August 19, 1991 Highest and Best Use: As if VacantlImproved: Multifamily Residential Use Value Indications (Fee Simple): Cost Approach: Not applicable Sales Comparison Approach: $580,000 Income Approach: Not Applicable $580,0001 Total Value Forecast: The following is a Summary Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Unifonn Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. 1 Subject to the assumptions and limiting conditions attached to this report. 3 FROST APPRAISAL/MARKET CONSULTANTS, INC. The certification of the appraiser appearing in this appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the appraiser in the report. The appraiser does not assume responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership and competent management. This is a Summary Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in the following. The appraiser is not responsible for unauthorized use of the report. Any sketches, plans, or photographs appearing in this report are included to assist the reader in visualizing the property, and the appraiser assumes no responsibility for their accuracy or interpretive quality. The appraiser has not made a survey of the property. Any tracts that, according to survey, map or plat, indicate riparian and/or littoral rights, are assumed to go with the property unless the appraiser finds easements or deeds to the contrary. The appraiser is not required to give testimony or appear in court because of having made this appraisal, with reference to the property in question, unless arrangements have been previously made therefor. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Any separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures that would render it more or less valuable. The appraiser assumes no responsibility for such conditions or for engineering, which might be required to discover such factors. Information, engineering, estimates, and opinions furnished to the appraiser and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, the appraiser can assume no responsibility for accuracy of such items furnished the . appraIser. 4 FROST APPRAISAL/MARKET CONSULTANTS,INC. I I I I Neither all nor part of the contents of this report, or copy thereof (conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional a.ppraisal organizations, or the firm with which he is connected) shall be used for any purposes by anyone but the applicant or his assigns without the previous written consent of the appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, ,without the written consent and approval of the appraiser. The appraiser is not qualified to detect the existence of hazardous materials or other h3rrnful substmces, nor the existence of environmentally protected plants and wildlife which may be present on or in the property. The presence of substances such as asbestos, urea.-fonnaldehyde foam insulation, lead-based paint, gases, or other potentially hazardous materials may affe~ the value of the property. The value estimate is predicated on the assumption that there are no such materials, substances, or environmentally protected plants, wildlife, etc., on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or ~r any expertise or engineering knowledge required discovering them. - The property is appraised as free and clear of any or all liens or encumbrances unless otherwise stated. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considerid in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been co~l?lied with, unless a nonconformity has been stated, defined, and considered in the appraisal report, It is assumed that all required licenses, certificates of occupancy, consents, or other legislatjve or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate C()ntained in this report is based. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. Possession of this report, or a copy thereof, does not carry with it the right of publication. It:IDay not be used for any purpose by any person other than the party to whom it is addressed wit~out the written consent of the appraiser and in any event only with the proper written qualification and onl y in its entirety. I I I I No test borings or type and analysis of sub-soils were made or caused to be made by the appraiser. Soil of the parcel under appraisement appears firm and solid, typical of the area~ ,and subsidence in the area is unknown or uncommon. The appraiser, however, cannot warrant against such condition or occurrence. Conlpensation for this report is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, tlus report. 5 FROST APPRAISAL/MARKET CONSULTANTS, INC. " "", '~: " ,-t.. " "~ ' I" ~ " . '. I ' I.'.' ., ",', 'I . ',' ,': " " ".. I I I Sub-surface rights (mineral, oil, or water) were not considered in this report. Consideration for preparation of this appraisal report is payment in full by the employer of all charges due the appraiser in connection herewith. Any responsibility by the appraiser for any part of this report is conditioned upon full and timely payment. Before any loans or commitments are made predicated on value conclusions reported in this appraisal, the mortgagee should verify facts and valuation conclusions contained in this report with the appraiser. The appraiser has not detennined the specific flood plan status of the property appraised. If such data is available, it is recommended it be obtained prior to any development that might be col'ttemplated. Liability for this appraisal assignment is limited only to the extent of the fee collected. This appraisal assignment was not based on a requested minimum valuation, a specified valuation, or the approval of a loan. · Unless the client has provided specific guidelines, the rep0rt will follow the Uniform Standards of Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation. The client shall review the report within 30 days from the date of the report. The client shall notify, in writing, any disagreement with the analyses, data., or value within the above-mentioned 30 days. If no response is received, it will be assumed that the report, its analysis, and value conclusions have been accepted. It is assumed that the client will review and agree with the report before the conclusion(s) is (are) relied upon. Should information become available which ~'ould affect the value forecast(s) as of the date of the appraisal, the Professional reserves the right to revise the report. Should a dispute arise with regard to the report, it will go before an arbitration board prior to any complaint being filed in a court of law. The board will be comprised of three real estate appraisers from the Tampa Bay area. The appraisers shall hold the MAl designation as members of the Appraisal Institute and will be agreed upon by both parties. The'land survey has not been reviewed. The value analysis relies heavily on a visual inspection of the site and other data provided. The results of this report may require some modifications if a current land survey reveal areas different than those used in this analysis, L. Kenneth Frost last inspected the site on Febroary 3, 2000. 6 FROST APPRAISAL/MARKET CONSULTANTS, INC. ,v' . ..:" ,'~ ':.' . ,t' ',~ . ..... \..... " .f;}'.. .' .' I.~":' . : ..: ,~.\.,~ ,,' r ,'t . The purpose of the appraisal is to estimate the market value of the fee simple interest in the property. The property includes a vacant medium density residential site. The date of the appraisal is February 3, 2000 (the date of the last physical inspection of the property). The date of the report is February S, 2000. The appraisal was prepared at the request of Mr. Earl Barrett with the City of Clearwater and is to be used for acquisition purposes. Market value is defined as: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: e Buyer and seller are typically motivated; . Both parties are well informed or well advised, and acting in what they con.c;ider their own best interests; . A reasonable time is allowed for exposure in the open market; . Payment is made in terms of cash in United States dollars or in tenns of financial arrangements comparable thereto; and . The price represents the nonnal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 2 Chapter 12, Code of Federal Regulations, Part 34.42(1). 7 FROST APPRAISAL/MARKET OONSULTANTS, INO. , , , " .... ' '.' - " . .' : ,".. ~ . . :.' '.' , .... '. I: ' ~ ~.~ I . .' I , - I (, . " :. ", :~. ,.. . '. : ,4 .'~I;.- .'...',' ',4..;, '.... .tJ' '..~i... ,'':', I, ',,~ ",\ - ...........~~'lL't -- n:A....I..~'~J...~~~..' ~J..J...~...i..'~\ ;'.. ..;,..... '. ..... 1_. ,~'. .......l.:..'n..~~Ul..~~~.~'t.~t~ J,,,;..: .._'..... ,:....;... .;,.. t".. '. '. t' . ~ I .",.." Exposure time is generally defined, as the length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. The subject buildings contain a total leasable area oro square feet....The total land area is appro,cmately 217,884:1: square feet or S.O:f: acres of land. Taking into consideration the age and size of the facility, sales of other facilities, and current constraints regarding financing of real estate, and the value forecast; it is believed that a reasonable exposure time would be 6.O:J: months. The interest appraised is the market value of the fee simple interest. iI''''''''- . '*.o:~:C'''O{-:''''''''''''X:<''X:'''''I''''~' 'lm":":''': fI'IY' . ..;'X::;.$.y.v:....~~' "I' ......'..,/'_..',..;;;....::.'..,,*....:;:~~'~.;.....;,.....^".....-..,...~"".-;;............,,,..0(..,....1'.'.. ',.._....,',........,'....,.'.. ...,_.............,.....~".....,.,.,.."........,"..-:.r.-..I.~.. ~-:-<'~"""'''''''''''X''''<<''''''~<Co:'' . :w ~1>.'6;':~?*0-~}.'*=~r:.,' "...~'.. '~I):.;~.':Wi. ,...:~[@.,:~:~t..;~~.;{~t~~::::~n=:KOY::~~~oom':' .:~ttm..n\~y~.. .!('Dl>.;:''<:'';:~~l:::::;:~:::;'.;.'S>> . , , ~'. ~.:1;. .' ~~. ,. ,'. -=;~:~ ~:-':~ . 0: ~ , -~~~~<<~~: .7')" ~~::~~~~~;:' . '~~;U;~~~~~.A:~?;~~;t .., . ~&..;}":"<<m;:: im8... .;, ~.,~JiW&:~l Aitif- ," ::..;:~j ,:,$~' :~>< 1,~:::lh:"-:~f}A'::::::~::.:-:.>: ,..::;;::-:::'::i.x(x~:;:'~:::x~-:..; ~;&>-:::>,:':~:~~.:::~::::~~%>~~.:::::,<::,~<=,JW@':-:~<::f':-''<'' . 1.,.."1x......).:.~:-.. "":":'~:~~:'~~:':-~"~' ~$;:>>. . >,'}. ..~.c.:~"'~' ,..'.....',-:.:-..1:.~..........~.,.......,..:--:-~m~_ .'.-:'_ '.-:.., .,.--.~..,:>..:.;:-~.. .-:..,...._">:.~. ...<:.-:....,:>,...,...,.... ,..... ....%..x:...N,.".I'.~.->>;.~)!.).'... :~. '., ,... . ..: .,..'..:.'. ,...-::...~~'...-:.:-:".*=','~-$;::~~-:::.::: ;..~~~;::}.:W~::??;2~$~::t~'~::~: . . *4~~:$~tt~i&~1$i:~~~~t " -."........,....,........-.,..?......"..." Fee simple interest is defined in The Appraisal of Real Estate published by the Appraisal Institute, as "the highest type of ownership in real estate known to law. The owner is entitled to the enjoyment of all the rights of the property. Fee simple is an inheritable estate subject to such nonnallimitations as taxation, police power, condemnation, etc." Public records did not reveal other deed transfers during the past five years. The site has been place under contract to sell for $580:.000. The total property is assessed by the Pinellas County Property Appraiser's Office under folio numbers 08-29-16-00000-340-0400. The property is assessed at $408,000 and the real estate taxes are $9,375. According to the tax collector's office, the have been paid. The site is zoned MDR, Medium Density Residential District, by City of Clearwater. This zoning allows a maximum of 15.0 units per acre with a FAR (floor area ratio) of50.0 percent. 8 FROST APPRAISAL/MARKET CONSULTANTS, INC. , . , . , .' . " ' " ~.- ~..... ~ ~ " .; , , .. ~"... , t,'" , ..:'" ' \ . \ . \ ' of ~ ,'... ). .' ~ According to Flood Insurance Rate Panel nwnber 125096 0018 D dated August 19, 1991, the property is within an area designated X Zone X encompasses areas determined to be outside the SOO-year flood plain. ,. ' As requested, a summary' report is being provided. As the name indicates, a summary report provides a summarization of the data and reasoning involved in preparation of the report. Presently, summary appraisal reports can be used when there are a limited number of intended users who have some knowledge of the real estate~ and the intended use does not call for more than a summary of the information regarding the data, reasoning, and analysis in the report. , The search for medium density residential sites included a large portion of Clearwater and Pinellas County. The search concentrated on sales of sites similar to the subject in tenns of size and location. The data on sales were obtained, when possible, from grantees andlor grantors. Land sales were obtained in the local area and in proximity to the subject site. When necessary, information from the public records and/or the Multiple Listing Service (MLS) was relied upon. 9 FROST APPRAISAL/MARKET CONSULT~TS. INC. '. ,- I" , . '.:'...... '"1\''' !. . , ~ ';1';' :~ ' ....,..." I, I"" ..' ',' ....,:.~ "\ .' ..: ,j. .... -~~""""""",'''..\.~~.i...t'" ..,'............ ...\.... ... I .. ....~, ~ a.. "'" ~...,. d.............,;..";o ....~~........:-.J... . ,. '. . .. .... ~.' ., I 'I . Amendments to Chapter 163 Florida Statutes, require local governments throughout the state to adopt comprehensive'land use plans. These plans must include Level of Service (LOS) ratings for at least seven types of public services and facilities. The concurrency requirement goes into effect for each local government not later than one year after approval and adoption of its comprehensive plan. A concurrency management system is presently in effect in Clearwater. Chapter 163 also stipulates that local governments cannot issue a development pennit for a proposed development if its impact would cause levels of service to fall below the adopted levels. That is, public facilities must be available and adequate concurrent with the impacts of the development. In order to determine whether a property can be developed, it must be examined by city and/or county officials. Development may be allowed, allowed at a density lower than that permitted by the zoning designation, or deferred until the level of service is improved. Again, individual municipalities may have separate procedures. Development may be allowed in certain areas without adequate service if improvements are scheduled \vithin certain time frames that will improve the condition to an acceptable level. The potential development of a property, therefore, must be examined with respect to the concurrency of available services. The value ofa vacant parcel will, undoubtedly, be affected by its concurrency status. The subject is a Inedium density residential site. Based on conversations with representatives of the City of Clearwater, the LOS (level of service) is a "D." The City requires that an impact study be prepared to evaluate the effects that a proposed development will have on the existing transportation and utilities in the subject vicinity. The City may require the developer to go through a mitigation process before allowing any future development. . I . 10 FROST APPRAISAL/MARKET CONSULTANTS, INC. ....._~_......... ..-..-,. ...__.~... I I SUBJECT PHOTOGRAPHS I I ~ r ..( " .,. ~ ,..... . ....'.; "... - .." '.' :.. ..._1..') View Looking Northwest at the Subject from Drew 81. . I . I :1 FROST APPRAISAL/MARKET CONSULTANTS, INC. 11 SUBJECT PHOTOGRAPHS View Looking Northeast at the Subject from Drew S1. . . :. FROST APPRAISAL/MARKET CONSULTANTS, INC. J 12 SUBJECT PHOTOGRAPHS ------ ---.-..---- . View Looking West on Drew St. . . FROST APPRAISAL/MARKET CONSULTANTS, INC. 13 I ~ SUBJECT PHOTOGRAPHS '\(' -' ..,,: tI... .t(- , if"" \ " \ \ ~. , \ j ~ ,',,' , .. -~. ....... /~'. . , " , ,.,. , View Looking East on Drew St. FROST APPRAISAL/MARKET CONSULTANTS, INC. 14 I I I The subject property lies within the incorporated City of Clearwater. The neighborhood is defined by McMullen Booth Road on the east, U.S. Highway 19 on the west, Gulf-To-Bay Boulevard on the south, and Main Street on the north. U.S. Highway 19 and McMullen Booth Road are major north-south arteries in the area. Gulf- To-Bay Boulevard is a major east-west artery in the area. U.S. Highway 19, McMullen Booth Ro~ Gulf-To-Bay Boulevard, and the subject street (Drew Street) are multilane arteries. The subject property is located on the north side of Drew Street, at its intersection with Hampton Road. This is a signalized intersection. Fairwood Avenue, which is located just west of the subject property) is a two-lane street that provides access to the residential area north of the subject tract.: Park Place Boulevard is a four.. lane street that runs through the Park Place development. This is a mixed-use development with office, retail) and multifamily uses. A mixture of office, retail, and other commercial uses surrounded by residential development characterizes the area. A large population growth is not anticipated in the foreseeable future because of the mature characteristics of the neighb<>rhood. Most new development in the area will be in the form of redevelopment as there is a limited amount of available vacant land in this area. Future development will most likely be the conversion of residences to small commercial use and the replacement of existing structures with new facilities. In the immediate vicinity) however" there are prospects of new residential developments. A large apartment project was recently constructed just east of the subject site. These should be enhancements to the neighborhood. No history of flooding is reported in the neighborhood and individual retention ponds typically handle storm sewerage. In summary" the subject is located within a neighborhood typified by retail properties and office facilities together with a large amount of existing housing. Value in both improved and unimproved properties in the area appears to be stable. This trend is expected to continue into the foreseeable future. The neighborhood is in a stable growth area of the county. The favorable mix of properties and the transportation facilities provided in the neighborhood indicate the neighborhood should remain desirable for commercial and industrial development. Considering the above factors, it is our opinion that the subject's neighborhood is well located and has good potential to benefit from future increases in property values. No known nuisances or hazards are known within the immediate surrounding area, which would have a negative affect on property values in the neighborhood. . . . . 15 FROST APPRAISAL/MARKET OONSULTANTS, INC. , ' . ..4.. _. " A, , , ,. , ) ,: 1 \.' . <I' , . . , : ,. i' , .~ '. . ~. '. ' . I I NEIGHBORHOOD MAP I O'eQk :~dDr : ~':::r0~';;~~~ : ',.;.!"[...:~_....... -" ~ 4 , -:.-.l.......~:r~( l - - ",__:-:-"" __.)l ~ ~ - - ---- ~ ~ J' ,g. ~ .... :i: S l,---..~ :i!: := "5 :x: S d b....n . -wmroad }:'~~~ ......, qr.dJeY\!Qc~(,tSt ~dSl ,/ .- lD lD .... U .... o "l6 c:n ~ f;;,' II1tl . 00;<1 i..t, .....-":". .oJ"' ..' :.tt..~'\.~;~ ~ - ,',. ')/ -'e ! ~ t~ ~:~: t ~~'>:;".'l -4.. Sharkey Rd "0 0;: 55 ~ Q '1:1 o U :g Ol"Q St --_._-_._~o ," '...~-_..__.. -.-.- z t~ .."0 StJJ)ect j NlSDREWST.. ,.-.,--."w..._..~..",~.--...- '0 cr; c:: iD E fi CI'J o Nilsh ~t ~ Whitmsn St Chau~rst ~h&llQy l?t 11 ft1 51 DIVId Rd E Drua Rd "C 0:: 1 st Rd c:: 0 15- E ca 2nd Rd ... J: lD (B C ~ ~ 1 :2 .c C ~ (ji 3ra' Rd .0 0 ~ := W ~ {Jj .... ~ 0 0 Bayvt~ G rn <.a .LA .... lD :z:: >- 1nom\ao Rd "'" (() ..??<1. Is;.. ~~ ..s;. ~ 'J) .... o (;) In ca a. :--. II) 3rd st 5th S t SQ"IIIQ B....d PaartQ Dr 7th st _ << .._. Clutnll"h.nr. aUnert!y Or Old Tompea Bav 16 FROST APPRAISAL/MARKET CONSULTANTS, INC. , , . . . " '.' " ~ ". ' ." . ' ,'.', ... 'l . ., ,,' .. . ,. ' \ \.. .. I I I ,~ .....l>cb. i .....- --'~..~""''''~'.''/'''.'''''.~''':''''''4J...... ."""....h."'.A1\......\.J'~'~..".~,\....~..........:...... ...\"..' :,.~.t.,:.l,.,.\I, .... 'a.I..'~. The site is located in the north side of Drew Street, just east of the intersection of Fairwood Avenue, Park Place Boulevard, and Drew Street. The southern boundary on Drew Street measures 466.76X feet. The western boundary measures approximately 466.7-1:. feet and the northern boundary measures 466.762= feet. The eastern boundary, along the Eisenhower Elementaly School property, measures 466.77-1:. feet. The calculated area is 217,884:t: square feet or 5.0:1: acres of land. The property is located on the: North side of Drew Street at Hampton Road Clearwater, Pinellas County, Florida. The preceding dimensions were taken from information taken from the Pinellas County Property Appraiser's Office. It is assumed to be correct. A copy of the property ownership map taken from the Property Appraiser's Office is included on the following page. A legal description was not provided. The site appears to be at street grade with Drew Street and slopes very gradually downward to the north. Drainage does not appear to be a problem. The site is zoned MDR, Medium Density Residential District by the City of Clearwater. This zoning allows a maximum of 15.0 units per acre with a FAR (floor area ratio) of 50.0 percent. Utilities available to the subject include electricity, telephone, water, garbage collection, and police and fire protection. There were no toxic waste or potential environmental hazards or special resources apparent on or near the property. The preceding statement is based only on a visual inspection of the property. No chemical or scientific tests were performed on the subject property. 17 FROST APPRAISAL/MAR.KET CONSULTANTS, INC. ~ .. . . ~ '.. .. I" " \. .. , ~ . " ~ . 'I. ~ ,'.\: " J. '.' I \ . , '.: '. I ~ 1 't;- . ~ . .. '.' .. -..... .-----........ PROPERTY OWNERSlllP MAP '~ f . .' "" \~t ...._. . ., ..... - .', '. .8'" -; ~ I. c. ' ....., 280 " \of ~, ~.. ~ ':1'''. " .1.. :1 .~~ ;:1 '.' . ''':; t.. :. ,~ "~ . ~_.. ;::i ~.c. ~.:~ '.,:- ~ ::~ ;~ ::j ~~ :j :,~ ~~~ '-t :~4 ,',,2 , . ..... 111: 18 FROST APPRAlSAL/MARKET CONSULTANTS, INC. .' ~..>., "r' , ~~~M:A"!in.:.~jt~~t'~"'a~~.i.: ".~,.:' ~ :.;.~....~".... ';".\l~'ah.:...\t'''l''--:i.l~,J :. ......... . t.. .h.....- .....,. .."~ ...' .. ,'.1 'A' ...',., . Highest and best use as defined in the lOth Edition of The Apjlfllisal.ofReal Estate is: The reasonable probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that reSults in the highest value. IDGHEST AND BEST USE AS THOUGH VACANT: The subject site is well located for a medium density residential site and the site is zoned for this use. Its highest and best use is considered to be fora medium density residential site or other commercial development. InGHEST AND BEST USE AS IMPROVED: The site is vacant. 19 FROST APPR.AISAL/MARKET CONSULTANTS, INC. ,. . \;~'- . ..,.t r~..'~" f:~" 'J' ~ ~,,- t ,I.l"" ...,..,_ ..~._... ..... ,'.0.. . ( I The cost approach is based on the principle of substitution, which states that a prudent purchaser would not pay more tor a property than it would cost to purchase an equally desirable substitute. The principle implies that a knowledgeable purchaser would not pay more for an existing property than it would cost to purchase a vacant site and constIUct similar improvements on it as long as the substitution can be accomplished without undue inconvenience and undue delay. A!J indicated in the highest and best use section of this report, the subject site is vacant. As a result, the cost approach is not considered applicable and it is not used in this report. The following is a summary of the data on sales of vacant sites that are considered to be most similar to the subject. Sale Sales No. Date Price ($) 1 Contract 580,000 2 Dec-99 2,300,000 3 1an-99 4,536,000 4 Jun-98 1,030,000 5 Jan-97 1,619,000 6 SUBJECT SUMMARY LAND SALES CHART Size Size Sales Price Sales Price Allowable Sq. Ft. Acres Sq. Ft. Acre ($) Units 217,900 5.002 $2.66 $116,000 75 511,800 11.749 $4.49 $195,800 88 1,524,60035.000 $2.98 $129,600 432 310,100 7.119 $3.32 $144,700 Mix/Use 1,099,90025.250 $1.47 $64,100 379 217,900 5.002 75 Price! Unit $7,733 $26,136 $10,500 N/A $4,272 . I . 20 FROST APPRAISAL/MARKET CONSULTANTS, INC. .\ . ~ I , . ..' .,. ~ :" t".:. .. " ' . , " '.. \ ' .. , .' '" ,..., .' ,. , . ~ ' ...~- ~~ 1Ao__ ----........ ........~. ....~- ........"'Ih.I-J..~'.....4'_..i _ *"' ,.... :...'.,:"..., ""'_ '""a_. -'-I...... ".....J . . ~. t. .,"4.. . .... I. .', .. ". . ,.." -..#... .. LAND SALES LOCATION MAP -,--- <. '--......, f Gulf '- t I ..9/r"" P'..c. ST. PETERSBURG BEACH ;.-ll.""""" ....., ....$ Bay 21 - FROST APPRAISAL/MARKET CO~SULTANTS. INC. "j .>,...... .. '~"',',,~ 1"'.'_,,'.; " I 1~.,I,:{,', ".:., . "".I~"" ,:,1"'" Af'"-'''I*.7 --...- . -...__........_.......~---- The preceding sales indicate a range of$1.47 to $4.49 per square foot and $4,272 to $26,136 per unit. Because of the differences in the properties and due to limited information, quantifiable adjustments are not practicable. However, the preceding subject comparisons of the sales with the subject indicate the following: Sale Sales No. Date Price ill 1 Contract 580,000 2 Dec-99 2,300,000 3 Jan-99 4,536,000 4 Jun-98 1,030,000 5 Jan-97 1,619,000 6 SUBJECT SUMMARY LAND SALES CHART Size Size Sales Price Sales Price Allowable Sq, Ft. Acres Sq. ~, Acre ($.) Vnits 217,900 5.002 $2.66 $116,000 7S 511,800 11.749 $4.49 $195,800 88 1,524,60035.000 $2.98 $129,600 432 310,100 7.119 $3.32 $144,700 MixlUse 1,099,90025.250 $1.47 $64,100 379 213,400 4.899 73 PriceJ Unit $7,733 $26,136 $10,500 N/A $4,272 Based on the precedin& the per square foot value of the subject property is judged to range from $2.66 to $2.98 per square foot and $7,733 to $10,500 per allowable unit. Therefore, the value indication for the subject resulting from the sales comparison approach is as calculated below. And CONCLUSION - SALES COMPARISON APPROACH Consequently, the value forecast based on the direct sales comparison approach is concluded to be approximately $580,000 ($2.72 per square foot and $7,945 per unit). 22 FROST APPRAISAL/MAR1<ET CONSULTANTS, INC. , ' , ~.'" The income approach was not used in the appraisal as the subject is a vacant site and it does not have any income producing characteristics. 23 FROST APPRAISAL/MARKET CONSULTANTS, UfO. ;,t.~,...;:;:~:;::,;:,;.~ ;',",\~'-~ .,.~ "~'i.t-.. ..:...-........t,.J,-a:,...u,,~.tr...........--_.... ~ ... _.<'1 ~~~......_ .,.".\.,,- ...._.---'~-- I~r ,I 'I II ~ ' I \ I II ; ! .. 1 . . i . ' RECONCILIATION OF VALUE INDICATIONS The preceding appraisal has applied the generally recognized and accepted procedures and principles for valuation as described in the report. The value indications resulting from the income approach is summarized below: ". INDICATED V ALUE Cost Approach Market Approach Not Applicable $580,000 InCome Approach Not Applicable In conclusion, it is our opinion that the market value of the fee simple interest in the subject property, as of approximately February 3, 2000, and in accordance with the attached assumptions and limiting conditions, is reasonably represented by the amount of ... FIVE HUNDRED EIGHTY THOUSAND DOLLARS... {S580.000) 1. . 1 . L. rost, MAl, 8RA State-Certi.fied Geoeml Real Estate Appraiser License #IRZ ??oo150 k4~~ Date of Appraisal 24 FROST APPRAISAL/MARKET CONSULTANTS, INC. '~ J: .~: ........n.......II.c"~ ~J.'A..~-..~......................_....u.lfta. ..u.:. iU l \...lI.t';"'~'.~..I" "-1'" ........ -- -..-,-. .---. .~ . . ~.,.:-:I-1.,:r>:O','.. 7.~~;' .~~............: :...{..~;......'...ri"'..........'%.~~ ...,.' y ;'~...U,..../.".....,...."/I'.....}U'."..,,...9';r.~..."'.........)........ '.~~~~~~~;.V...... .,.....". .,.V............'.....................:,............~m..............'....."^'.......'..^........,.~'",:-'$.>.....r~..,:'.~...=*~>>:-.......%.........)>....~ Mt1tilii~2i;~2#iYlill:l~JSit;;~t.{1~;)L;~X;~;:~;Ziliki;~~*z~tti~~~~~;~t~;u:~~:(~1~~kJ~l1f~lliWiliitMW~;\d&~~%.lg&%tI\Wgtl~ .AERIAL PBOroGBAPB~...'ll...lIaU........U........lIl1.Ul'l..lI.....,.f..llJ III II l.........U IllI II .........,..................,....................... 26 noODMAP.. " . .............111 llf l........~tlJ..l IlIlIlIT 1I1'111TIIlIIITl 1 U 11111111111 .Tl.........lIut1..n.J....l... "I .........................17 LEGAL DESCRIPTION... HI' II 111'1"0 U"_""IIiU III 1111 T'ln "I T 11 IILllll I11IllllU'1 'II rTIIT......IU......ITIITT I ".'U...................,. 28 QUALD1CATIONStUlIJo II nil 111IlfYIl"-UITlI r 111 'I II IIILl IIU 11I1IU 11 , ".l1nT , 1111 r 1I J .'11'..,....... ..'.....IIIT I' fT"'" U' ..,.................. 29 . , :1 -- I 25 FROST APPltAlSAL!MARKET CONSULTANTS, INC. 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'2:::~ '!J" SJ,,;.r~"i<"~ i<.t~l'~"')' St.:, .':;: r::' :,:.::',,:::::;~ :;;:'r::::::~:,'.i'.::,/(::::"::/': :.:;:' ,:;:::'~,'':'::::;'::':f:'i<'':~',:;f:;::*<:;::~,~;':.::::~;:~ <"~':;...:'..,:,,~<;-{} ~':'><~':~~~ ~"'.~':"-"~~N, '.' /'" ;,;..-: :{~~...-:>:' 'Z:; ;'>..::::~:~<.;;'/t.:{.:;:-;'::%,~"~~,,,.~ ~,-:''XZ<~ ~ ;J I ~{.s ~ 10 toy; ... ~ K 'lo~=' t? ~ ~:- .,,:'..,.J.0..~;. .'~...':::':v...:~.:::.:.:::-:,;.:.:';.: ~ :';'.-:' :...:u..:-:.....'..........:.:,::.',..:~':.:~ ".:':.;":"0:':.( .;':':.:.~.:~:':~::<,{0:~ .~~~o~t.w.Mi.?~~~>>;;;./%;:4;:';;;<.;.;;:A:...'X~~~/~;Q~:.;~:/'/.60-;/.<'..w;(;..,:;,;;7;~...;;;>>;~ ~./,.~ ~ ...p~~",""'?:>J':l9_9. .."...Y."~-"~:.',.,~.;'<.:':>>*<<~.:::~ :::0${:.:x:~~:.:::::::..:..~.~:~;{::.:'X:;;::::::)~:.:;:::.:~.i:;~~::::.X;;.~~~::::~ A legal description was not provided to the appraiser. . i 28 . FROST APPRAISAL/MARKET CONSULTANTS, INC. "'''. '.t'ill'ni~~;:~"^"1i"_',;,''') .. '" I - ' '. .'.. . .-. .., U.......W \ 4J ~...~... '\. ,.......I"'to.;.. <r.' ;...... .... ~" . ...1'...... ,,\. ..,.... ,,'t..~ . ... ...., ,. ,. _~ '. 1...,. '0' ...... ..... -. . .' L. KENNETH FROST. MAl. SRA PROFESSIONAL DESIGNATIONS Member of the Appraisal Institute - MAl, 8RA LICENSES Real Estate Broker, State of Florida Real Estate Salesman, State of Georgia State-Certified General Real Estate Appraiser (ffRZ 0000150) - Florida EDUCATION BBA Degree, Real Estate Major University of Georgia, 1964 .. '.' . . \ '~ III i " . t . all f · . .- \ . , . .- I . .. American Institute ofRea1 Estate Appraisers Courses Real Estate Appraisal I - Basic Methods & Techniques Real Estate Appraisal IT - Urban Properties Real Estate Appraisal IV - Condemnation & Court Procedures Real Estate Appraisal VI - Mathematics & Capitalization Various Seminars Mortgage Bankers Association of America Courses - Various Courses/Seminars Society ofRea.1 Estate Appraisers - Various Seminars Real Estate Securities & Syndication's Institute (RESSI) - Various Courses/Seminars EMPLOYMENT President, Frost Appraisal & Market Consultants, Inc. Clearwater, Florida (1993 - Present) Principal, Ross Alexander & Company Clearwater, Florida (1980 - Present) President, Appraisal Market Research, Inc. Clearwater, Florida (1980 -1993) 29 - FR.OST APPRAISAL/MARKET CONSULTANTS, INC. 1 , ., ~~ .. r " ..~ I, . ~\.' . .. ~. i, '...~~' " ~~~n~"'"Q~,/;W_::..:........:;..r...'t,:,_.................,_.'..v.Al;;'....iCU.JJ':'~''''''''''l....... .., -.., I I I Senior Vice-Presiden~ Landauer Associ~ Inc., Florida-Caribbean-Latin American Regional Office, West Palm Beach, Florida. Real estate consulting, evaluation and valuation of major properties. (1974 - 1980) Senior Appraiser, New York Life Insurance Company, Atlanta, Georgia Engaged in valuation and evaluation and mortgage loan underwriting of major properties. (1971 - 1974) EXPERIENCE Real estate consultant and appraiser since 1964. Emphasis has been on income producing properties; however, assignments have included residential, commercial, industrial, agricultural, and special purpose properties. Since 1974 have provided ccnsulting services in the analysis of investment properties, land utilization studies, feasibility analyses, market studies, and valuation. Held chapter offices of Vice President, Secretary, and Treasurer with both the American Institute of Real Estate Appraisers and the Society ofRea1 Estate Appraisers. Served on many committees with the Appraisal Institute (fonnerly the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers), and the American Society of Real Estate Counselors. Some of the committees included: Regional Member of Review and Counseling at the national level: Chairman of Admissions at the chapter level: and selVed as chairman of admissions teams at the local level. Also served as a director with the Florida Association of Realtors (FAR). 30 FROST APPRAISAL/MARKET CONSULTANTS,INC. . .,'.... ' Ii' ., ... .:' . .' ..' .' . .; \ '_ ' .. \<. " '; . <~ .\' "I:.";. ~', ~. Item #26 f. " ,. 0/;L ~(p RESOLUTION NO. 00-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A REFERENDUM QUESTION AUTHORIZING THE TRANSFER OF THAT REAL PROPERTY KNOWN AS CHESAPEAKE PARK TO CALVARY BAPTIST CHURCH IN EXCHANGE FOR REAL PROPERTY OF COMPARABLE VALUE UNDER CHARTER SECTION 2.01(d)5(v); PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.01(d}5(v} states in relevant part, "No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989 (or as may be amended thereafter), may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum,,,. "; and WHEREAS, City is the owner of that real property identified as recreation/open space on the City's comprehensive land use plan, known as Chesapeake Park and located on the west side of McMullen Booth Road, approximately 445 feet south of Drew Street in Clearwater, Pinellas County, Florida (City Property); and WHEREAS, Calvary Baptist Church is the owner of that real property located on the north side of Drew Street at Hampton Road, Clearwater, Pinellas County, Florida (Calvary Property); and WHEREAS. It has been determined that the properties have a comparable appraised value based on that appraisal report prepared by Frost Appraisal and Market Consultants, Inc.,. dated February 7, 2000, which determined the value of the City property as $560,000 and the Calvary property as $580,000; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that the City of Clearwater transfer that City Property known as Chesapeake Park, with a legal description of: Begin at the SE corner of the NW 1/4 of the NW w/4 Section 16, Township 29 South, Range 16 East, and run thence N 0037'03" E, along the 40-acre line, 730.35 feet for P.D.B., thence continue N 0031'03" E. 95.0 feet, thence N 89027'56" W, 669.05 feet; thence S 0037'03" W, 495.21 feet; thence S 89027'56" E, 469.05 feet; thence N 0037'03" E, 400.21 feet; thence S 89027'56" E, 200.0 feet to a P.O.B., less the East 33.0 feet for road right-of-way Resolution No, 00-23 "-, ?--0 to Calvary Baptist Church in exchange for that Calvary Property with a legal description of: The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of Section 8, Township 29 South, Range 16 East situated in Pinellas County, Florida. Such transfer requires prior approval at referendum under Charter Section 2.01 (d)5(v). Section 2. A referendum question is hereby called and will be held on July 11, 2000, at a special City election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: TRANSFER OF MUNICIPAL REAL PROPERTY DESIGNATED RECREATION/OPEN SPACE ON THE LAND USE PLAN MAP Shall the City Commission be authorized to transfer municipal real property identified as recreation/open space on the land use plan map known as Chesapeake Park and located on the west side of McMullen Booth Road approximately 445 feet south of Drew Street to Calvary Baptist Church, in exchange for real property of comparable appraised value located on the north side of Drew Street at Hampton Road, in the City of Clearwater, Florida? YES NO For Against Section 3, The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum question provided above shall be considered at a special election of the Clearwater voters held July 11, 2000. Section 4. The City Clerk is directed to give notice of the election in the manner prescribed by Section 100.342, Florida Statutes. Section 5. This resolution shall take effect immediately upon adoption. 2 Resolution No. OO~23 " - . ,~. ~ \ .. ". "j!'! ";", "", f' ~G, PASSED AND ADOPTED this day of , 2000. Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ~~ John Carassas Assistant City Attorney ~ Cynthia E. Goudeau City Clerk II 3 Resolution No. 00-23 , 'f ,: (' "~'\"~:\,,,\,,,' ...." '.~ ~l"';l;''::'..,'..' j"~', ~l 'I,"; "....,.:.. Clearwater City Commission Agenda Cover Memorandum Worksession Item It: Final Agenda Item # -;;z 'I <5 f'S Meeting Date: 5/18/2000 SUBJECT/RECOMMEN DA liON: Approve a contract with Public Enterprise Group to act as Clearwater's agent in exploring partnership opportunities and negotiating corporate partnerships for an amount not to exceed $12,000 JZJ and that the appropriate officials be authorized to execute same. SUMMARY: After evaluating the three proposals received in response to the Public/Private Partnership RFQ, the Selection Committee recommends the Public Enterprise Group (PEG) as the most qualified firm to act as Clearwater's agent in exploring and negotiating corporate partnerships. . The intent of this initiative is to authorize PEG to identify and negotiate agreements with appropriate corporate partners matching their needs with opportunities to improve our quality of life. PEG will solicit and negotiate with these corporations seeking to maximize resources (both cash and in-kind) to our community without increasing our citizens tax burden. In return we will offer corporations a package of partnership benefits that will provide them exclusive vending and marketing rights to municipal properties. . Experience with two cities similar to Clearwater, Huntington Beach, CA and Garden Grove, CA has yielded revenues to the city of$6 million and $1,6 million respectively over a 10-year agreement. e We expect $200k to $300Klyear. First $200K dedicated to Fire Department assuming long term contract can be signed. . The City will pay PEG $12,000 to defray the cost of expenses associated with bringing forward a contract. . The contract is structured so that PEG will receive a commission on revenue generated to the City of 12% for cash revenue and 5% for non-cash revenue, This will be paid for the life of each agreement. . The consultant will submit for the City's approval a list of business entities that could potentially become partners and marketing plans for each partnership package. . The City Commission retains control throughout the entire process and shall have no obligation to pay consultant commissions for denial of any proposed partnership agreement regardless of whether the City had previously approved the marketing plan, . This partnership will be developed such that the City never gives the perception of "selling out" but gets credit for innovative thinking enhancing our City's image and stature. . This has been coordinated with Parks & Recreation, Marine, Finance and General Support Services. . A mid-year budget amendment will establish a project (181-99805) entitled Public/Private Partnerships in the amount of $12,000 by a transfer from the Vision Fund project (181-99804) to fund this contract. Info Srvc Public Works OeM! ACM Other p..p' ~~ N/A N/A Originating D Strategies jar Succes User Dept.: N/A Costs Total 12,000 Reviewed by: Legal ~ Budget ~ Purchasing NfA Risk Mgmt NfA FI"'AW" ~ Submitted by: City Manager I " Printed on recycled paper Attachments Funding Source: Current FY 1 2,000 CI OP Other X None Appropriation Code: 181-99805 SfS 1- a7 Public/Private Partnership Partnerships Benefiting the City of Clearwater What Is Public /Private Partnership? . Partnership That Benefits the Public and the Company -Enhance Quality of Life -Improve Perception of the Corporate Partner · No New Taxes .. "Coke's" Clearwater .. "Nokia" Fountain · "Pepsi" Country · Com mercia lization What Partnership Is Not 1 .... . ':'~.' :/ " ,., , , " : '~.' ~ " . -- .....;. . ' ~7 What Partnership Is · Sponsorship of Events · Scoreboards on Ballfields · Soda Machines on City Property · Clearwater's Logo on Soda Machines Benefits to Community · Long-term Revenue Source · Marketing and Promotional Partner · Community Amenities · Participation in City Initiatives Corporation Participant Benefits · Product Sales · Promotional Opportunities e Exclusivity · Access to Vending Sites · Marketing Exposure · Community Image 2 ., " .\ ';, ~1 Impact on Clearwater Q Estimated Revenue $300- SOO,OOOlvearfor 10 Years ~ Support 3-5 Firefighters IV ear Why a ProFessional Negotiator? · Bundle Assets . Determine Value . Nationwide Marketing Network e Negotiating Skills Why Not Do This Internally? · We Have Tried . Requires Special Skills · Understanding of Market · Turnover 3 ,. .. to,"'" ,I' . . ... J}\ f., , ~Jr / "~I ,.' . .' .,' 1,' ". ,:1, '.. \ 'f .~.l _ .1\ I: '\ " I ") . . , ~.' ,/~!,&'I I ," , .' . ',' . ~ , ~1 Public Enterprise Group · Pioneered Public Enterprise Concept · Negotiated Partnership Agreements wi Numerous ~unicipalities · Satisfied Cities Commission Controls · You Approve All Prospects .You Approve All Advertising · You Approve All Aspects of Deal 4 I A \WI f+ (\. Final Agenda Item It d<1 5. I ~,GO Clearwater City Commission Agenda Gover Memorandum Meeting Date: SU B J ECT IRECOMMEN DATION: Amend Section 1.12(1), Code of Ordinances, to include violations of Section 3-1508 and violations of Chapter 21 within the violations punishable by a fine not to exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment; amend Section 1.12(3) to exClude Chapter 15, Section 3-1508, and Chapter 21 from the violations that may be enforced by code enforcement officers in accordance with the procedures out! ined in Section 1.12(3); amend Section 1.12(3)(b) to specify the time within which a violator has to correct a violation and to authorize a code enforcement officer to immediately issue a citation if the violation is of an itinerant or transient nature; amend the fine schedule in Section 1.12(3)(d); and pass Ordinance No. 6558-00 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: · The amendments to Section 1.12 will clarify the types of violations that are punishable by imprisonment not exceeding 60 days and that are enforceable only by police officers; e The amendments to Section 1.12 will also incorporate the amendments adopted by the Florida legislature during 1999 that affected the procedures utilized by code enforcement officers to enforce ordinance violations in county court; . Finally, the amendments to the City's fine schedule will reflect the amendments that the Pinellas County Court recently adopted to the Uniform Fine Schedule in Pinel/as County. Reviewed by: legal tt)aJ) Budget --;q;: Purchasing NA Risk Mgmt NA Original' Dept: legal 1-- User Dept. Funding Source: Costs Info Tech NA Public Works NA OCM! ACM Other NA Total Capti.llll11llrovernenl Current Fiscal Year Oper;Jling Attachments Ordinance No. 6558-00 Olher Submitted by: ~ i }L) Printed on recycled paper Appropriat ion Code: o None Rev. 2/98 II ~cr ORDINANCE NO. 6558-00 AN ORDINANCE OF'. -THE CITY OF CLEARWATER RELATING TO PENALTIES AND ENFORCEMENT PROCEDURES FOR THE VIOLATION OF THE CODE OF ORDINANCES; AMENDING SECTION 1.12(1), CODE OF ORDINANCES, TO INCLUDE VIOLATIONS OF SECTION 3- 1508, ViOLATIONS OF CHAPTER 21, AND VIOLATIONS OF ARTICLE 3, DIVISION 3, WITHIN THE VIOLATIONS PUNISHABLE BY A FINE NOT TO EXCEED $500.00, OR IMPRISONMENT FOR A TERM NOT EXCEEDING 60 DAYS, OR BY BOTH A FINE AND IMPRISONMENT; AMENDING SECTION 1.12(3) TO EXCLUDE CHAPTER 15, SECTION 3- 1508, CHAPTER 21, AND ARTICLE 3, DIVISION 3, FROM THOSE VIOLATIONS THAT MAY BE ENFORCED IN ACCORDANCE WITH THE PROCEDURES CONTAINED IN SECTION 1.12(3); AMENDING SECTION 1.12(3)(b) TO SPECIFY THE TIME WITHIN WHICH A VIOLATOR HAS TO CORRECT A VIOLATION AND TO AUTHORIZE A CODE INSPECTOR TO IMMEDIATELY ISSUE A CITATION IF THE VIOLATION IS OF AN ITINERANT OR TRANSIENT NATURE; AMENDING THE FINE SCHEDULE IN SECTION 1.12(3)(d); PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1.12, Code of Ordinances, is amended to read as follows: Sec. 1.12. General penalty; enforcement of civil infractions; continuing violations. (1) Except in the case of a violation of chapter 6, chapter 15, Sec. 3-1508 (Noise) ~rticlo III of ch~pter 20, aRG ~rticlc I of chapter 21, and Article 3, Division 3 (Adult Use Standards), whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Code or any ordinance shall be a civil infraction punished by a fine not exceeding $500.00. Where the violation or offense is one relating to a violation of any of the provisions of chapter 6, chapter 15, Sec. 3-1508 (Noise) :lrticlc III of ch3ptcr 20, or ::lrticlc I of chapter 21 , or Article 3. Division 3 (Adult Use Standards). then such violation shall be punished by a fine not to exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the county court. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense, except that in any case where the violation consists of a discrete act or failure to act, each violation shall constitute a separate offense. Ordinance No. 6558-00 (2) The ordinances contained in this Code may be enforced through the municipal code enforcement board pursuant to the procedures contained in chapter 2, article III, division 9., ,. (3) Except for the ordinances set forth in chapter 6, Chapter 15, Sec. 3-1508 (Noise) article III of ch~pter 20, and 3rticle I of chapter 21, and Article 3. Division 3 (Adult Use Standards), the ordinances contained in this Code may be enforced in accordance with the following procedures: (a) An employee of the city who is duly authorized by the city manager and responsible for the enforcement of such ordinances, referred to in this section as a code enforcement officer, may issue a citation to a person to appear in county court when the code enforcement officer upon personal investigation has reasonable cause to believe that the person has committed a civil infraction. Employees who may be designated as code enforcement officers may include but are not limited to code inspectors, law enforcement officers, or fire safety inspectors. (b) Prior to issuing a citation, the code enforcement officer shall provide notice to the person that the person has committed a violation of a city ordinance and shall establish a reasonable time period, not to exceed 30 days and no fewer than 5 days, within which the person must correct the violation. If, upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, or if the violator is enQaQed in violations of an itinerant or transient nature. (c) The form of the citation shall contain the following: 1. The date and time issued; 2. The name and address of the person to whom the citation is issued; 3. The date and time the civil infraction was committed; 4. The facts constituting reasonable cause; 5. The number or section of the code or ordinance violated; 6. The name and authority of the code enforcement officer; Ordinance No. 6558-00 ~I 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation; 8. The applicable civil penalty if a person elects to contest the citation; 9. The applicable civil penalty if a person elects not to contest the citation; 10. A conspicuous statement that if a person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (d) A person who receives a citation from a code enforcement officer for the violation of a city ordinance and who elects not to contest the citation shall be subject to a civil penalty in accordance with the following schedule: Class I II III v Fine Total Court Costs $150.00 $10.00 7.00 $160.00 157.00 ~I 125.00 10.00 7.00 135.00 132.00 75.00 10.00 7.00 85.00 82.00 IV 10.00 7.00 60.00 57.00 50.00 25.00 lO.OO 7.00 35.00 32.00 The schedule of fines and costs is included in this section to reflect the current uniform schedule of fines and costs imposed by the county court as of November 19. 1999 September 19, 199-1-. Any amendment to the uniform schedule of fines and costs by the county court shall take effect as ordered by the court, and shall be applicable to violations of city ordinances without the necessity to amend the schedule set forth in this section. Ordinance No. 6558-00 I... .. . '';. \. '. ". \ :' \:, ~ _~....'" \" ~ .. \ ': II ...' '. 'o' ~ \ . ", ' (e) A violation of any ordinance contained in this Code and enforced pursuant to subsection (3) of this section shall constitute a class V violation, except that a violation of the land development code shall constitute a class III violation, unless otherwise indicated; provided, however, that if the uniform schedule of fines and costs of the county court provides for a greater penalty, the greater penalty shall be imposed. (f) A second or subsequent violation of the same ordinance by the same person shall result in the fine being doubled. (g) Any person who fails to pay the appropriate civil penalty within the time allowed, or who fails to appear in county court to contest the citation, shall be deemed to have waived his right to contest the citation, and judgment may be entered against the person for an amount not to exceed $500.00. (h) The provisions of subsection (3) of this section shall not apply to enforcement pursuant to F.S. SS 553.79 and 553.80 of building codes adopted pursuant to F.S. S 553.73 as they apply to construction, provided that a building permit is either not required or has been issued by the city. For the purposes of this subsection, the term "building codes" means only those codes adopted pursuant to F.S. S 553.73. (i) The provisions of subsection (3) of this section are an additional and supplemental means of enforcing city codes and ordinances. Nothing contained in subsection (3) of this section shall prohibit the city from enforcing its codes or ordinances by any other means. (4) In addition to the penalties provided for in this section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be abated by the city as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. 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 Attest: I . rette, Asst. City Attorney Cynthia E. Goudeau, City Clerk Ordinance No, 6558-00 ~I .~'" ::J Ii ~ , I ;"',' , , . _ J. '. ;-- >. t~ ; o'w' .' '.. ~ .... -.' . ".;' . ....., '., ..,.', . Preliminary Agenda (W orksession). r;2b PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Monday, May 15, 2000 Service Awards Convene as Community Redevelopment Agency (CRA): 1 . Call to Order 2. Approval of Minutes: 1/18/00 3. Approve amended Second Quarter Fiscal Year 1999-2000 CRA budget and authorize appropriation of entire balance of eRA Trust Fund that is remaining as of 9/30/00 to the Miscellaneous Redevelopment Project Fund 4. Authorize City's contractor to demolish commercial structures at 841, 901-927 Cleveland Street (Parcels A & B) 5. Executive Director (Assistant City Manager) Verbal Reports 6. Other Business 7. Adjourn Convene as Pension Trustees: 1 . Call to Order 2. Approval of Minutes: 4/3/00 3. Request for acceptance into membership: Sherrie Freemon, Jared Barden, Howard Hanscom, Shawana Wollever, Martin Moran, Laura Wilson, Alex Battle, Jeffrey Garber, Katherine Schaaf, Lauree Belcher, Andrea Beane, Daniel Luna, Karl Langefeld, & Anthony Harris 4. Regular Pension(s) to be granted: Jack Callahan, Robert Dickman, Iracema Drysdale, David Little, James D. Pyatt, Sr., David A. Foster, & Sarah Hamm 5. Pension(s) to be vested: Wayne Millen 6. Approve reassignment of Carol Schmidt to permanent light duty position in Police Department 7. Approve payment of pension benefits & interest from Pension Fund for following retirees: Larry Hahn, Jr., Judi Acker, Terrence Rowe, Emanuel Hutchinson, Gary Lutman, John Nicholson, & Michael Dandaneau, for total $84,761.72 including reimbursement to Central Insurance Fund of $18,453 that has already been paid 8. Other Business 9. Adjourn Reconvene Worksession PUR PURCHASING 1. Bell Chevrolet, two 2000 Chevrolet ~ ton pickup trucks, $31,526 (GS) 2. Vermeer Southeast Sales, one Vermeer Model D7X11A directional boring machine system with trailer, $77,250; financing to be provided under City's Master Lease-Purchase Agreement (GS) 3. J.D. Swearingen Equipment Co., one New Holland tractor with Motrim slope mower, $57,110.28; financing to be provided under City's Master Lease-Purchase Agreement (GS) 4. Dell Marketing L.P., computer hardware (optiples tower - 4 ea, precision workstation - 4 ea, workstation 733 - 1 ea, & latitude laptop - 2 ea), $32,053; financing to be provided under City's Master Lease-Purchase Agreement (IT) 5. L & S Custom Coach, one Traffic Homicide Vehicle, $93,100; financing to be provided under City's Master Lease-Purchase Agreement (PO) 5/15/00 1 ED ECONOMIC DEVELOPMENT 1. Res. #00-20 - endorsing application of Project 00-0425 and committing City to refund 10% of eligible tax refund upon certification by Enterprise Florida (re Qualified Target Industry (OTI) Tax Refund Program) FN FI NANCE 1. Res. #00-19 - providing for sale of not to exceed $51 million Infrastructure Sales Tax Revenue Bonds SBS STRATEGIC BUSINESS SERVICES 1 . Approve $165,000 expenditure & authorize City Manager to execute contract & license supplement for purchase of Computer Telephony Integration System, from SFG Technologies, Inc.; approve $26,218 expenditure to Sprint Telephone of Florida, to upgrade &. expand Meridian phone switch which services the MSB; approve 5-year interfund loan 'from Central Insurance Fund for $165,000 GS GENERAL SUPPORT SERVICES 1. Authorize funding capital project "5PJC Field Site Development" with additional $47,997 to be provided by a Third Quarter budget amendment from unappropriated retained earnings of the General Fund MR MARINE 1. Amendment to Waiver Agreement with Meristar Hotels and Resorts, Inc./Hilton Clearwater Beach Resort to replace shuttle boat with pontoon boat (Consent) PD POLICE 1. Approve transfer of funds, $38,900, for total $163,900, construction of Wood Valley Police Department Substation (Consent) PR PARKS AND RECREATION 1 . Amendment to agreement with Krishnan Anandan, Parks and Recreation Tennis Professional, increase term from 5/1/00 to 9/30/00 and amount from $ 55,000 to $90,000 (Consent) 2. Extend contract with Laub's Landscape Maintenance, Inc., from 4/1/00-3/31/01, est. $48,000 (Consent) 3. Approve concept of land swap with Calvary Baptist Church for Chesapeake Park pending passage of referendum authorizing same SFS STRATEGIES FOR SUCCESS 1. Agreement with Public Enterprise Group, act as Clearwater's agent in exploring partnership opportunities & negotiating corporate partnerships, for amount not to exceed $40,000 of which $30,000 is recoverable with future agreements 5/1 5/00 2 PW PUBLIC WORKS 1. Public Hearing & First Reading Ord. #6531 ~OO - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. & south of Jeffords St. (Morton Plant Mease Health Care, VOO-05) 2. Agreement with Azurix/J&J Baker, transportation, treatment & disposal of bio-solids residuals, 5120/00-5/19/05, est. $3,900,000 3. First Reading Ord. #6561-00 - Relating to utilities; amending Sec. 32.159 (water use restrictions, enforcement, penalties) to conform with Pinellas County regulations during times of declaration of water shortage condition or emergency PLD PLANNING & DEVELOPMENT SERVICES 1. Public Hearing & First Reading Ords. #6536-00, #6537-00 & #6538-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low (ufJl~r.d area) and Preservation (wetland area) & LOR and Preservation Zoning, 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (Dorothy Scott, AOO-10) 2. Public Hearing & First Reading Ords. #6539-00, #6540-00 & #6541-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1513 Country Lane East, Country Lane, Lot 7 (lois Quale, AOO- 09) 3. Public Hearing & First Reading Ords. #6542-00, #6543-00 & #6544-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose & Beverly Jordan, ADO-OS) 4. Public Hearing & First Reading Ords. #6545-00, #6546-00 & #6547-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office/Retail & Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&8 33.05 & 33.07 (Greater Clearwater Association of Realtors, AOO-07) CA LEGAL DEPARTMENT Second Reading Ordinances 1 . (Cont. from 5/4/00) Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including amendments to future land use, transportation/traffic circulation, housing, utilities, coastal zone management, conservation, recreation and open space, intergovernmental coordination, and capital improvements elements; making substantive changes as recommended in the Evaluation and Appraisal Report (EAR) First Reading Ordinances 1. Ord. #6558-00 . Amending Sec. 1.12, Code of Ordinances, to revise provisions for code violations, enforcement and penalties and to amend fine schedule Regarding 7111 Referendum 1. First Reading Ord. #6559-00 - Calling for Special Election; submitting to city electors a proposed amendment to the City Charter to add Subseciton 2.01 (d)(8) for purpose of authorizing development and redevelopment of certain municipally owned real property located in downtown, leasing of certain properties for maximum lease term of 99 years, and construction of certain improvements in that area west of Osceola Avenue between Drew Street & Pierce Street lying below the 28' mean sea level elevation; providing for a referendum election 5/15/00 3 . .. . , ., .. I I ", ~ A \. \ t: ~ ;:",:"':~.'., <!'" '., '1" ,.~ _ ,,' '. ~ ~ 2. Res. #00-22 - Submitting to city electors a referendum question authorizing issuance of revenue bonds for constructing and furnishing the new Main Library, constructing future library, civic or municipal space; providing for referendum election 3. Res. #00-23 - Submitting to city electors a referendum question authorizing transfer of real property known as Chesapeake Park to Calvary Baptist Church in exchange for real property of comparable value under Charter Sec. 2.01 (d)5(v); providing for referendum election ;, OTHER CITY A TIORNEY ITEMS City Manager Verbal Reports Commission Discussion Items 1 . Downtown Development Term Sheet Other Commission Action Adjourn 5/15/00 4 t I . -prJ~ P\A.lle.J a..+ w\<S-es 5"I~.CO Clearwater City Commission Woooession Item #: -r< 1 0 0 N ~. ( .. 00 VY\~ Ageu.da Cover Memorandum 0 erinal Agenda Item # . Meeting Date: 5/18/00 SUB J ECT IRECOMM EN DA liON: Adopt Resolution 00-19 providing for the sale of not to exceed $51 million Infrastructure Sales Tax Revenue Bonds, IE and that the appropriate officials be authorized to execute same. SUMMARY: . The "Penny for Pinellas" project I ist identifies several projects which are anticipated to be funded through the issuance of Infrastructure Sales Tax Revenue Bonds. One of these projects is the Memorial Causeway Bridge replacement. . This resolution authorizes the City to proceed to validate the issuance of bonds for this project through the courts. Once validated, a final resolution will be brought forward authorizi ng the sale of the bonds. . The amount of bonds authorized in this resolution is a "high end" estimate. This City will reduce this amount to the actual amount needed in the subsequent resolution, but cannot increase this amount once validated. . This resolution provides for the issuance of not to exceed $51 million in bonds to finance the II Memorial Causeway Bridge" project. This amount is calculated as follows (rounded up to the next million): Current approved project cost C$40.9} increased by 8% $44,000,000 Debt Service Reserve Fund (used to pay final debt payment) 5,016,500 Cost of Bond Issuance 253,430 Underwriter's and Original Issue Discount 578,890 Bond Insurance 316.180 Total Bonds Needed $50,165,000 . Pinellas County has committed to reimburse the City for $10 million of the cost of the Bridge. The State of Florida has committed to reimburse the City $13 million. Federal funding for a portion of the cost is also anticipated. . This resolution also provides for the City to expend funds prior to issuance of the bonds and to be reimbursed with bond proceeds. . The complete resolution is available in the City Clerk Department. Submitted by: City Manager () Pr;nled on recycled paper Originating Dept: ~ Finance Total User Dept. ~ '9 Public Works ~ v: Current FY Attachments Resolution 00-19 Costs Reviewed by: -R/-Ji- legal Info Srvc . N/A Budget N/A Publ ic Works N/A -- Purchasing N/A DCMlACM Risk Mgmt NI Other N/A funding Source: OP OP Other o None A ro riat ion Code: Re\'.2!QIl RESOLUTION NO.OO-l~ A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED $51 MILLION INFRASTRUCTURE SALES TAX REVENUE BONDS; APPROVING THE SERIES 2000 PROJECT; PROVIDING THAT SUCH BOl'IDS SHALL BE ISSUED IN FULL BOOK ENTRY FORM; ESTABLISHING rrs fNTENT TO RETh1BURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXENlPT FINANCING; AUTHORIZING THE V ALlDATION OF THE BONDS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 6, 1999, the City Commission of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No.6352-99 (the "Bond Ordinance") to provide for the issuance of City's Infrastructure Sales Tax Revenue Bonds, Series [to be determined] in one or more series from time to time payable from Sales Tax Revenues (as defined therein); and WHEREAS, the City previously designated the initial project (the "Series 1999 Project"), to be financed with the first series of bonds, the "Infrastructure Sales Tax Revenue Bonds, Series 1999" (the "Series 1999 Bonds"); and WHEREAS, it is in the best interest of the City to designate a second project (the "Series 2000 Project"), the costs ofwmch is to be financed, in part, with the proceeds of the "Infrastructure Sales Tax Revenue Bonds, Series 2000," (the "Series 2000 Bonds"); and WHEREAS, it is in the best interest of the City to provide for the public sale of not to exceed $51 million of Series 2000 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AS FOLLOWS: SECTION 1. FINDINGS. The City Commission hereby finds and detennines: A. The City Commission has previously determined the necessity to replace the Memorial Causeway Bridge (the "Bridge") in Resolution No. 96-38, adopted May 2, 1996, the Citis intent to replace the bridge within four to five years in Resolution No. 96-28, adopted rvlarch 21, 1996 and entered into a Joint Participation Agreement with the Florida Department of Transportation to construct the Bridge in Resolution No. 97-41, adopted on June 19, 1997, each said decision being reached while receiving, public input, comments and advice from professionals generally recognized to be experts in matters relating to bridge and road design and traffic flow patterns and needs, as well as comments from the citizens of the City in relation to the Bridge and/or the project now denoted as the Series 2000 Project. B. The City and Pinellas County (the "County") have entered into an lnterlocal Agreement whereby the County is providing funding assistance in an amount not to exceed $10,000,000 for completion of the Project. :.'..:j'~i{'~'I,.'.:.~'",'!.~""~',.,'" ': ~,)::..,...;;;, f~~~ ,.', ..,....1 I..... ~'. t.'." "_: ......,:;".' ,', ~r,.'\ ,'r":J ".(\I':./~.:,."',\,.':l,_.'~'/r C. Based on the extensive information received by the members of the City Commission through such public input and in reports of the professionals engaged by the City, the City Commission hereby determines that the Series 2000 Project, as hereinafter approved, is necessary for the continued health and safety of the citizens of the City and visitors to the City and that the construction of the Series 2000 Project and the financing thereof with proceeds of the Series 2000 Bonds is in furtherance of the public health and safety of the citizens of the City of Clearwater. SECTION 2. AUTHORIZATION OF BO~1)S, SERIES DESIGNATION. That portion of the Infrastructure Sales Tax Revenue Bonds, Series [to be detcnnined] authOlized by the Bond Ordinance being offered pursuant to this resolution is hereby designated as the not to exceed $51 million City of Clearwater, Florida, Infrastructure Sales Tax Revenue Bonds, Series 2000 (the "Series 2000 Bonds"), which Series 2000 Bonds are hereby authorized to be issued. The proceeds of the Series 2000 Bonds shall be used to pay (i) a portion of the costs of the 2000 Project (as hereinafter identified), (ii) the costs of issuing the Series 2000 Bonds, (iii) the premium on thc Bond Insurance Policy, if any and (iv) the premium for the debt service reserve fund surety bond or to make a deposit to the Reserve Fund. The proceeds of the Series 2000 Bonds not required to pay thc amounts described in clauses (ii) through (iv) in the immediately preceding sentence shall be deposited into the subaccount in the Construction Fund (created by the Bond Ordinance) for the 2000 Project. SECTION 3. AUTHOIUZATION OF SERIES 2000 PROJECT. The Series 2000 Project, consisting of those capital projects and improvements set forth on Exhibit A attached hereto, the costs of which are to be paid, in part, with the proceeds of the Series 2000 Bonds, is hereby approved by the City Commission of the Issuer. Such approval is consistent with the prior actions of the Issuer, as set forth in Section 1, paragraph A above. SECTION 4. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the residents and inhabitants thereof that the Series 2000 Bonds be issued utilizing a pure book"cntry system of registration. In funherance thereof, the City has previously executed and delivered a Blanket Letter of Representations with the Depository Trust Company. For so long as the Serics 2000 Bonds remain in such book enny only system of registration, in the event of a conflict betwcen the provisions of the Bond Ordinance and of the Blanket Letter of Representations. the tcrms and provisions of the Blanket Letter of Representations shall prevail. SECTION 5. DECLARATION OF INTENT. The Issuer hercby expresses its intention to be reinlbursed from proceeds of a future tax-exempt financing for capital expcnditures to be paid by the Issuer in connection with the construction of the Series 2000 Project. Pending reimbursement, the Issuer expects to use funds on deposit in its general funds and other funds legally available to pay a portion of the cost of the Series 2000 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 Series 2000 Project will exceed $51 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. 2 . ' . . . '. . ..~. . .' ~'". . . . ~ " , t . ,\ ;. .~ ? SECfION 6. VALIDATION AUTHORIZED. The City's Bond Counsel, in consultation with the City Attorney, is hereby authorized and directed to file, on bchalfofthe City, a Complaint in Validation of the Series 2000 Bonds, in accordance with the procedures set forth in Chapter 75, Florida Statutes. [Remainder of page intentionally left blank] 3 :r \:. . . ~ , '.' ..~ f. ,.."'. " . . SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. Passed and adopted this day of May, 2000. I I , I I ! ! ,. , Brian J. Aungst Mayor-Commissioner , . Approved as to form: Attest: lIJa~ Akin City Attorney Cynthia E. Goudeau City Clerk 4 tl Ii... :.' ,.. .,,: . , ~ . . I ~ . " ~. l . i.~. t~. '<.' .,"~;~ ,h EXHIBIT A DESCRIPTION OF SERIES 2000 PROJECT The Series 2000 Project shall consist of (i) acquisition by the City on behalf of, or acquisition directly by the State of Florida Department of Transportation of right of ways and other related interests in land, and (ii) the planning, construction and demolition associated with the resiting and rebuilding of the Memorial Causeway East Bridge. J:\80NDS\2000\J IJS\RcsoluliOll.l\RESO-2. WPD April 24, 2000