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04/18/1996�� ^.+.� - , �' r,�. � �V � • • � r - :� 1 �� • • • � � note: 4-15-96 Preliminary (Worksession) Agenda and paperwork that was in package initially but then not continued onto Th�ursda�'s agenda is at the back of this agenda pack. � �� . ■ ,� S `t � ? S. �� f t � ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, April 18, 1996 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recagnized, then state your �� and addre� P�rsons speaking before the City Commission on other than Public Hearing iterns shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted perrnission by the City Commission. ANY RERSON WITN A DISABILITY REQUIRING REASONABLE ACCOMMODATION tN ORDER TO PARTlCiPATE lN THiS MEETING, SHOULD CAL4 813/462-6684. 1 . Invocation 2. Pledge of Allegiance 3. Service Awards 4, Introductions and Awards 5. Presentations a) Development Code Adjustment Board - Annual Report b} HomeVess Shelter Funding � 7. Approval ofi Minutes - Reg�lar Meeting 4/4/9 6 Citizens to be heard re items not on the Agenda 1. William C. Baker, Assistant City Manager. 2. Mayor. 3. 1 award presented. 4. Proc{amations: Professional Secretaries Week 4/21-27/96 Library Week 4/14-20/96 5. a1 Continued. b) Presentation made. Cornmission authorized City Manager to cornmit CDBG funds ifi score appropriately in evaluation process. Clearwater Housing Authority annual report & payment in lieu of taxes. 6. Approved as submitted. John Dorart reported FCC not sympathetic to concerns re rate hikes by Time Warner Cable. Arlit�H.allern reported Mr. Shirley Hunt �eceived 1 of 25 awards in the United States for his efforts on behalf of the Library. Tom Sehlhorst requested he be considered for the Economic Development position. .,,�y Ro s asked the Cornmission to reconsider its decision not to sell the Island Estates property. Flovd E�win spoke on several non City issues. Pl1BLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Variance & Rezaning public hearings: - Staff states and summarizes reasons for recommendation (2 minutes). - Applicant p�esents case. Witness may be cross-examined (15 minutes). - Stafif presents further eviclence. May be cross-examined (10 minutesl. - Public cornrnent (3 minutes per speaker). - City Cornrnission discussion, and may question any witness. - Applicant may call witnesses in rebuttal (5 minutes). - Conclusion by applicant (3 minutes). - Decision, 4/ 18/96 � 8. (Cont. from 3/21 i96) Public Hearing & First Reading Ords. #5989-96 & #5990-96 - Land Use P{an Arnendrnent to Cornrnercial General & CG Zoning for property located at 401 S. Beicher Rd., Sec. 1$-29-16, M&B 23.11 (Gerry Staring / Natalie Moyles, Trustee, LUP96-01, Z96-02) - applican#'s 2nd request to continue, to 5/2/96 8. Continued to 5/2/96. Administrative public hearings: - Presentation of issues by City staff. - Staternent of case by applicant or representative (5 minutesl. - Commission questions. - Comments in support and in opposition (3 minutes per speakerj. - Commission questions. - Final rebuttal by applicant or representative (5 minutesl. - Commission disposition � �� 11. (Cont. from 3/21 & 4/4/96) Public Hearing - AR r�OVe City's request to vacate that portio� of the north/south alley lying West of Lots 3- 6 and East of Lots 7-10 in Blk 3, Pine Crest Sub., and denv request to vacate the alley West of Lots 1& 2 and East of Lots 1 1& 12 (City, V96-036) (EN) Public Hearing & First Reading Ords. #6014- 96 & #6015-96 - Annexation & RS-S Zoning for property located at 3014 Caro{ina Ave., Bayview City Sub., Blk 5, Lot 9(John J. & Doruthy A. Kach, TRE, A96-12) Public Hearing & First Reading Ord. #5992- 96 - LDCA revising density conversions for nursing homes & residential shelters, and revising parking regufations for nursing homes, residential shelters & g��up care facilities (LDCA96-05) 9. Denied. 10. Approved. Ords. #6014-96 & #6015-96 passed 1 st reading. 1 1. Approved. Ord. #5992-96 passed 1 st reading. Public Hearing - Second Reading Ordinances 12. (Cont. frorn 3/21 /96) Ord. #5972-96 - Amending Secs. 35.1 1, 40.424, 40.434, 40.444, 40.464, 40.474, 40.503, 40.523 & 41.053 - LDCA establishing "Research and Technology Production Uses" (LDCA96-02) 4/18/96 2 12. Continued to 6/20/96. ik� �I� 15. 16. 17. �I:� (Cont. from 4/4/96) Ord. #6001-96 - Vacating northisouth alley lying between Lots 1 1, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E. A. Marshall's Sub. (Discount Auto, V96-02) Ord. #6005-96 - Amending Sec. 20.38(1) to provide for notice by certified mail, return receipt requested, or by personai service within 5 days after real property is posted for lot clearing ordinance violation Ord. #6009-96 - Annexation for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) Ord. #6010-96 - RS-8 Zoning for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) Ord. #6011-96 - Annexatio� for property located at 1231 N. Hercules Ave., Sec. 12- 29-15, M&B 13.06 lDaniel M. & Annette Macre, A96-1 1) Ord. #6012-96 - IL Zoning for property located at 1231 N. Hercules Ave., Sec. 12- 29-15, M&B 13.06 (Daniel M. & Annette Macre, A96-1 1) 13. Ord, �6001-96 adopted. 14. Ord. �#6005-96 adopted. 15. Ord. �6009-96 adopted. 16. Ord. #6010-96 adopted. 17. Ord. #6011-96 adopted. 18. Ord. #6012-96 adopted. 19. Special Items of widespread public interest a) Directi�n re Landmark Drive extension (7:30 p.m. i 1) Lake Chatauqua Park {Ream Wilson) 2) Current Plan for Landrnark Drive Extension (Rich Baier) 3) Legal issue re access (Pam Akin) 4) Public Input a) Directed staff to proceed. CITY MANAGER REPORTS CONSENT AGENDA (Items #20-33) - Approved as submitted less #28. The following items require no formal public hearing and are subject to being approved in a sing{e motion. However, any City Commissioner or the City Manager rnay remove an item frorn the Consent Agenda to allow discussion and voting on fihe +tem individually. 20. Agreement with Pinellas County Tax Collector for billing and collection of assessments for the City's Special Assessment District No. 95-01 (Sand Key Povver Line Burial) with reimbursement of Tax Collector costs at $1 per tax bill, not to exceed 59,330 lFN) 4/18/96 3 21 . Declare obsoiete, worn out or excess, articles of furniture & office equiprnent resuiting from move to new facilities, as surplus personal property; authoriz� disposal through donation to charitable organizations in the local area (FN) 22. Purchase of gas rneters � regulators from: M.T. Deason Company, Inc., Birmingham, AL, at an est. $98,436; National Meter Parts Inc., Lancaste�, OH, at an est. 545,086; Arnerican Meter Company, Roswell, GA, at an est. 567,641.50; Avanti Company, Avon Park, FL, at an est. $2,916; Fisher Controls International Inc. c/o Key Controls Inc., Tarnpa, FL, at an est. $17,382.40; & Tem�aco of Pinellas, Clearwater, FL, at an est. $8,475; for the period 4/18l96- 4/17/97, for a total est. $239,936.90 (GAS) 23. Contract for installation of polyethylene gas main on Ridge Rd. & Nlitchell Bypass Blvd., re Pasco County Gas Expansion - Phase III, to Burnup & Sims Telcom, Inc., iarnpa, FL, at an est. $433,389 (GAS► 24. Purchase of fire hydrants frorn U.S. Pipe & Foundry, Birrningham, AL, for the period 5/24/96- 5/23/97, at a total est. 578,393 (PW) 25. Increase amended purchase order for purchase of Slag (Cold Mix1 frorn APAC-Alabama, Inc., Birmingharn, AL, by $13,650 to finish out FY 95I96, resulting in a tota{ of $38,220 (PW} 26. Del Oro Storm Replacernent Contract - Phases 2& 3 to Rowland, Inc., Pinellas Park, FL, for 5598,025 (EN1 27. Arnendment No. 1 to Agreement fc�r consultant services for development & irnplementation of a Comprehensive Watershed Management Plan for the A{ligator Creek Watershed to Parsons Engineering Science Inc., for design of a wetland mitigation & stormwater treatm�nt project within the Alligator Creek drainage basin, a component of the Del Oro Phase 2 Stormwater Rehabilitation Project, for $106,789 (EN) 28. Contract for Traffic Engineering Services Fiefd Operations Compiex to Hennessy Construction Services, Corp., for 5406,668.15; approve related expenditures of $19,700, for a total of 5426, 368 .15 (EN ) - APPROVED. 29. Contract for replacement of 1 truck scale to Dickey Scales, Inc., Tampa, FL, for 538,301 (SW) 30. Receipt/Referrai - LDCA excluding city-owned property from eligibility for minor variance consideration, excluding any property from minor variance consideration where variances are granted in excess of specified limits, and allowing minor variances for freestanding sign setback up to five feet (LDCA96-10) (CP) 31 . Scientoiogist request to close off one southbound lane of Ft. Harrison Ave., between Pierce St. & Franklin St., on 5/10/96, from 6 p.rn. to midnight !CM) 32. Appoint Commissioner Johnson as Vice-Mayor (CLK) 33. Ratify & Confirm City Manager's decision to declare Halon Gas surplus to city needs; authorize disposal and sell to Borrell Fire Systerns, Inc., Tarnpa, FL, for $1,184 OTHER ITEMS ON CITY MANAGER REPORT 34. Res. #96-25 - Accepting recommendations of the City's Neighborhood & Affordable Housing Advisory Board (NAHAB} and adopting a Local Ho�sing Assistance Plan for the City in accordance with the State of Florida State Housing Initiatives Partnership (SHIP) Program provisions (ED) 4l18/96 4 34. Approved. Res. �96-25 adopted. 35. K�� 37. :, 39. .� 41. 42. Approve Greater Clearwater Chamber of Commerce operation of C{earwater beach Welcome Center at their cost for May, 1996 and City cost of 52,675/mo thereafter until City completes RFP process and contracts for operation of the center Greater Clearwater Chamber of Commerce Resolution supporting placing ref�rendum re tax on rentai cars in Hillsborough County to fund new stadium for Tampa Bay Buccaneers Review of Budget Advisory Committee Res. #96-30 - Authorizing City Officials to execut�, by hand or by facximile signature, all checks drawn by the City on City Accounts (FN) Res. #96-27 - dedicating certain properties as public rights-of-way and as public utility easements; designating the properties as additional rights-of-way for Highland Avenue (portion of Tract A, Unit 1 of Palm Terrace Sub.) {EN) Other Pending Matters 35. Approved. 36. SuppoTt concept. 37. Renamed as Fiscal Reveiw Committee. Possible issues for consideration to be reviewed and direction provided at later date. 38. Approved. Res. #96-30 adopted. 39. Approved. Res. #96-27 adopted. 40. None. CITY ATTORNEY REPORTS First Reading Ordinances a) Ord. #60'16-96 - Vacating following alleys in Pinecrest Subdivision: all of North/South alleys in Blks 1, 6& 9; all of East/West alleys in Blks 1, 2, 5, 6& 1 1; that portion of NorthlSouth alley lying West of Lots 1-3 and East of Lot 8 and that portion of the North/South alley lying West of l.ot 14 and East of Lots 15-17, all being in Blk 2; that portion of North/South alley lying West of Lots 3& 4 and East of Lot 5 in Blk 11; and the folfowing a{leys in Plaza Park Addition Subdivision: East/West alley and that portion of the North/South a11ey lying East of Lots 3-6 and West of the South 45' of Lot 7 and West of Lot 1 1, alf being in Blk D, subject to ail of the vacated alfeys being retained full width as drainage and utiiity easements (City, V96-03A) 1) Direction re 1Vorth/South atley in Blk 10, Pinecrest Subdivision - CITY ATTQRNEY TO BRING FORWARD ORDINANCE DELETING A�LEY. Other City Attorney Items - NONE 43. City Manager Verbal Reports City Manager requested direction re CIP meeting scheduled for 5/21 /96 as it can not be held in Chambers. Directed to proceed as scheduled. 4/18/96 5 City Clerk reported EAB has made a recommendation the Commission urge the State House of Representatives pass the Mangrove bill as it has been adopted by the Senat�. Direction to assure environmental staff is in favor of Senate bill then letter of support to be written. 44. Other Commission Action Ho o�r said it was a pleasure to hear Clearwater's Library was i� the top 50 of those cities with populations of 100,000 or more. He said he was proud of the Library and urged citizens to use it. Johnson expressed his appreciation for being designated Vice-Mayor. �1 thanked Commission for setting a specific time for the Landmark Drive issue. She complimented the Il/layor for her efforts on behalf of the Sister City program with Nagano, Japan. S'�arvev requested Ctearwater residents be good neighbors and take the black solid waste barrels back from the street after pick-up. Announced the Downtown Marketplace wifl include Saturday in the City this weekend. 45. Adjournrnent - 9:27 p.m. 4/18/96 6 a ; 3 ; ; � '-. T0: Mayor Garvey FROM: Saily Thomas, Agenda Clerk SUBJECT: invocation COPIES: Cynthia Goudeau, City Clerk DATE: April 18, 1996 CITY OF CLEARWATER Interdepartmental Correspondence No minister will be p�esent this evening. ''` � � � � r� ;0 ;1 .� .�, � D�, IW , �,. �_ . Subject: CLEARWATER CITY COMMISSION �tem # Meeting Date: 4/15/96 Agenda Cover Memorandum gi� s�ss SERVICE AWARDS Recommendation/M ot ion: The following employees be presented with s�rvice awards fvr their length of service in the employment of the City of Clearwater. ❑ and that the appropriate officiais be authorized to execute same. BP►CKGROUND: � Years: Sharon Goff Human Relations Thomas L. Mahony Engineering John H. Weppler Gas Deborah S. Nash Finance 10 Years James E. Seymour Charles R. Kindred Edward J. Burke William D. Brown 15 Years Delores T. Li�ebe Mark G. Srnyth Alice E. Winning Eleanor P, Scharf Fred T. Aust Stephen A. Cassan Susan E. Stephenson Anna M[. Uhrinek 24 Xears Terence C. Jennings Eddie L. Grif�n Thomas L. Miller 3Q Years Thomas H. Walboit Reviewed by: Legal Budget Purchasing Rlsk Mgmt. CiS ACM Other Submltted by: Citv ManaQer Parks & Recreation General Services Engineering Parks & Recreation Police Fire Engineering Library Solid Waste Public Works City Clerk Finance Engineering Police Police Parks & Recreation Originating Dept; Human Resources User Dept.: Advertised: Date: Paper: ❑ Not required Affect6d parties ❑ Notified ❑ Not required Costs: I Commission Action: Total ❑ Approved ❑ Approved w/conditions Current FY ❑ Denied ❑ Continued to: Funding Source: ❑ Capt.lmp. ❑ �perating ❑ Other Appropriation Code: Attachments: ❑ None � � -. ■ TO: Mayor Rita Garvey � FROM: Betty 7. Blunt, Confidendal Clerk Receptionist t 7' COPIES: City Commissioners, Betty D►eptula, Cyndie Goudeau SUBJECT: Presentation at the April 18, 1996 City Commission meedng DATE: April 18, 1996 � The following presentation will be made at the April 18, 1995 City Commission meeting. k �ERVICE AWARDS 20 years Eddie Grif%n, Police Departmeut (letter of appreciation and a watch with city seal) PROCLAMATIONS �ofessional Secretaries Week - Melaine Martia and members of The Clearwater Chapter of Professional Seccetaries International Libracv Week - Arlita Hallam TO: FROM: COPIFS: SUBJECT: DATE: . CIiY �� CL�I�F�1111/I4TER Interdepartment Correspond�nce Sheet Betty Deptula, City Manager Sid Klein, Chief of Police �� (See Below) Clearwater Homeless Intervention Program (CHIP) April 16, 1996 As per your direction, as cunent Chairperson for the Clearwater Homeless Intervention Program (CHIP), I am prepared to make a presentation at the April 1 S, 1996 City Commission meeting with the other CHIP board cnembers. I have also taken the liberty of attaching a historical overview titled "City of C[earwater's Involvement in Hornelessness Issues. " At the April 18th commission meeting, we will be presenting various funding issues concerning the proposed CHIP Homeless Shelter and the CHIP application for City of Clearwater Community Development Block Grant funds to partia�lly finance construction of the facility. Additionally, we will recommend to the City �ommission the following: l. That the City Manager be given the authority to commit CDBG funds to CHIP as soon as the CHIP application has completed the evaluation process with a sufficiently competitive score. 2. That payment in lieu of taxes which is received on an annual basis from the Clearwater Housing Authority be used initially to pay the various impact and permit fees for construction of the proposed CHIP Shelter, and to offset shelter operating costs in future years. SRK/lh Attachment: City of Clearwater's Involvement in Homelessness Issues cc: Major Tom Overton, Commanding Officer Clearwater Corps, The Salvation Army Ms. Deborah Vincent, Executive Director Clearwater Housing Authority Ms. Mary Lou Guthart, President St. Vincent de Paul Soup Kitchen �__ � City of Ciearwafier's Involvernent in Hornelessness Issues In 1993, based on a recommendation by Chief of Police Sid Klein, tlie Clearwater City Commission established a task force to deterrnine alter�latives for the City to deal with the issues of hornelessness within our com�rn�nity. This task force has evolved into CHIP (Cleai-LVater Homeless Intervention Prograrn). The first chair, former Commissioner Art Deegan, was instrumental in developiilg t�le task force's scope and membership. The cuirent chair, Police Chief Sid Kleiri, co�itinues to lead the group toward resolution of cornmunity homelessness problems. To emphasize the City Commission's cotnlnitment to the homelessness issues, one Commissioner has also served as the Commission's representative since the task force's inception. For the past three years, fonner Cornrnissioner Sue Be�eld represented the Commission. Commissioner Ed Hooper serves as tlle current City Commission representative. The task force is comprised of a rnunber of govenunent and social service agencies involved wit�i horneless persons a�ld prograrns tivroughout the city and the county. Several subcommittees were established to deterrnine alternative sites for an emergency shelter and to locate fiinding sot�rces for construction of a shelter. In its first year of operation, the task force llelped create a winter shelter in the STEPS Building located on Cleveland Street. A number of the task force rnember organizations contribtited filnds for the �.vinter shelter's operatioli which was staffed entirely by volunteers. With the opening of the winter shelter, a discovery was made -- tilere was an overwhelrning number of horneless persons needing shelter every nig�lt. The number seeking shelter dishirbingly exceeded all expectations. Only tl��rougll the cooperation and assistance oi Evelybody's Tabernacle, the Clearwater Police Department and tlle Salvation Anny was the winter shelter able to operate that first winter. Clearwater Police Department, reco�lizing the need for an overnight shelter a.nd drop-off center, donated a double wide mobile home ior use as an overnight facility. The mobile home was relocated to Everybody's Tabei-��acle property through Commutlity Developrnent Block Grant ii�i�ding. Tlie Salvatioi� Army Horneless Intervention Project has operated the ernergency shelter for the past two years. The April 16, 1996 Page 1 C_._... . . �� ,,_� i City of Clearwater's Involverne�t in Horneiessness �ssues In 1993, based on a recommendation by Chief of Police Sid Klein, the Clearwater City Commission established a task force to determine alternatives for tlie City to deal with the issues of homelessness within our community. This task force has evolved into CHTP (Clearwater Homeless Intervention Prograrn). The first chair, former Commissioner Art Deegan, was instrumental in developing the task force's scope and membership. The cuirent chair, Police Chief Sid Klein, continues to lead the group toward resolution of community homelessness problems. To emphasize the City Commission's colnmitment to the homelessness issues, one Commissioiler has also served as the Commissioll's representative siiice the task force's inception. For tlle past three years, fonner Cornrnissioner Sue Berfield represented the Comrnission. Commissioner Ed Hooper serves as the ctu�rent City Commission representative. The task force is comprised of a number of government and social service agencies involved with homeless persons and prograrns tl�roughout the city and the county. Several subcommittees were established to detennine alteniative sites for an emergency shelter and to locate fiuiding sources for construction of a�helter. In its first year of operation, the task force lielped create a winter shelter in the STEPS Building located on Clevelaild Street. A number of the task force member organizations contributed filnds for the winter shelter's operation which was staffed entirely by volunteers. With the opening oi'the winter shelter, a discovery was made -- there was an overwhelrning number of homeless persons needing shelter every night. The number seeking shelter distu.rbingly exceeded all expectations. Only through the cooperation and assistance of Everybody's Tabernacle, the Clearwater Police Deparhnent and t11e Salvation Anny was the winter shelter able to operate that first winter. Clearwater Police Department, reco�iizing tlle need for an overnight sllelter and drop-of� center, do�iated a double wide mobile home for use as an overnight f�cility. The mobile horne was relocated to Everybody's Tabeniacle property through Community Development Block Grant fiinding. The Salvation Army Homeless Intervention Project has operated tlle ei�lergency slaelter for tlle past two years. The April 16, 1996 Page 1 l �,' facility's fifteen beds have not been enough though --1�o11�eless persons needing shelter have exceeded the sl�elter's capacixy on a daily basis. In 1995, The Cleai-water Police Department with St. Vincent de Paul's Soup Kitchen initiated a registration pro�n�n at the soup kitchen facility at 1345 Park Street. Previously, St. Vincent de Pat�l llad offered tlleir mid-day meals to anyone who walked in off tlie street, bringing a.i� alarmir.g increase in the number of homeless persons in Clear�vater's downtown area a�id a subsenuent increase in the number of misderneanor crimes reported in tl�at area. Th.is registration program requires all persons seekin� services at tlie Sotlp Kitcllen to provide personal identification and infonnation, as well IZas llave tlieir pilotographs taken for their files. Any one refiisin� to comply is the�l "trespassed" ancl made to leave the property. After two trespasses, all 111d1Vldtlal C�11I10t I-etuni to the Soup Kitchen for any services, including meals. The registration program initiated by St. Vincent de Paul and the Clearwater Police Department has been operational for about a year and is working well. To provide security during the noon feeding time, tlle Clearwater Police l�as also assigned one o�cer to the soup kitchen daiiy during the feeding hours. In February 1996, President Clinton's federal COPS initiative awarded a grant to the City of Clearwater to provide fiulding for one full tiine police o�cer position for the proposed substation which will be located at the shelter site. An additional five officers have also been requested through the COPS program to fully staff this substation. The request is delayed until federal budget appropriations are finalized. CHIP meiribers understand that the 15-bed emergency overnight shelter cannot remain on the Everybody's Tabernacle propei�ty. The Salvation Army is renovating a thrift store building to replace the mobile horne shelter. This new temporary sheiter sllotild be operational by late spring 199b. The �ity Comrnission granted a temporary- variance to allow the emergency shel �er to occupy the building for 18 months, when the use w211 be reviewed.. At best, the thrift store property is only a stop-gap for Clearwater's emer�;ency homeless shelter needs. CHIP has continued to explore and develop altenlatives for a permanent emergency shelter for the homeless in our commtinity. In their ongoing planning process, CHIP l�as desi��ed a fiill service program for llomeless April l6, 1996 Page 2 J �� urtervention which is proposed to be located on St. Vincent de Paul property adjacent to the soup kitchen facility. This pro�,�ram includes a per�nanent overnight shelter and police substation. CHIP has applied for 501(c)(3) status as a non-pro�t corporation in the State of Florida. Tne board of directors is corriprised of one desi�mee frorn each of the four rnajor organization participants -- Clearwat�r Police Department, Clearwater Housulg Authority, Salvation Al-my, a.nd St. Vincent de Paul Society. A number of othex governrnental and social service a�encies are also advising CHIP on homeless issues. The CHIP permanent shelter is being desi��ed based on the Orlando horneless carnpus which is a collaboration between local goverrunents and social service agencies in that community. CHIP plans to replicate the Orlando program, iricluding space for the community policing substation and for social service agency workers to work with tl�e homeless clients. CHIl''s objective is to create a shelter that will serve 48 clients -- single inales and females, and families. This sllelter will serve truly homeless persons who are in need of services. Clients can obtain food and other essential support services -- but MtJST be involved in the intervention program coordinated by the Salvation Army. This program consists of counseling, case worker review, housing placernent, job placement, and the like. There will also be very strict conditions under which any client can return to the shelter. The Clearwater Police Department will also increase enforcement in the downtown area concerning transient and vagrancy issues which we hope will be eliminated, or at least substantially deci•eased, tl�rough tl�e CHIP shelter and program. CHCIP is optimistic that th� funding for the construction and operation of the shelter can be �btained. The homeless situation in our city, our state, and our country is tr-uly alarming. The CHIP shelter will be a long tenn fiill service program for the truly horneless, a prograrn that will sei-vice the city and the county througll coordination by social services organizations and la�v enforcernent entities. We believe it is a step toward the permanent solution for a difficult problem. April 16, 1996 Page 3 , � �� .�?��N t�sr�� a� �� _ � �� __ c� _ AT7QRN�YS ANO COUNSELGRS Ar LAW EET 60UTw �.�.rpVN ST:iEQT P,p, AGX 3'�1 �2�P ]ZJOw� TA�.u�MASBEE. FLQRt�A :l�4C1 cao.►f 2Ea.9ii6 FAxsnow �e2.7g60 Mr. Etim YJdoh Associate Plaru�er City of Clearwat�r Department of Gentral �er�nitting P. O. Box 4748 Clearwater, F� 3461$-474$ Re: L�ear �tim: a00 CLEYEIAND �YFEET P. J. BOiC 1660 tYiP s�n�Y� CLE.IRWATCR.��ORIDA 3AO�p f8131 y41•p9CC FAX fe13! dAi•04YG Ap�il 5, 1996 VI� FAX TRAN�NYYSSIQN Twin Palt�us Mobite �ome P�r�C ii � M.4D�&ON STRgGT. 8U�1'� E900 P.O� 60X 16�� (tir �3fip1? TAMPM. FL,pA�DA 3360� �6�31 a77•+«m r�X tai3� e73�d3B6 .N R`��'�`r:eeFER TO: �l� ster � � b �. � ,� � : ,y, j ;v ""'=' -`^"-�..r eyf�' � p.�� ; rt �� 1. � C' ;,,t, r_..., �j W � �uS?rR:r.�,j � � '. � ii � i �'ti�' P. D ..' � ' q��'' '/ } �]� . � y�r i .k' I` :�' r� ��R Q � ;99s ::��.�p ��NTR1;L F!��;:,r„; ;-1��,r., ~--�--�-�r �.,._,_,,�-�,� : r� j';: :;�, :, Pursuant to our discussion this mornin�, plEase allaw this letter to confirrn my request that the City Commissian meeting on the above-referenced matter be moved to Pv1ay 2 and that the Pl�aning and Zonir�g Board rneeting remain on the agenda for Tliesday, April 1�. Also pleas� for�vaxd me copies of any �nd all letters of objections to t,ur zoning request. Th�t�s For your continued coaperation. Yf you have any questions upon receipt of this �ertez, please let z�e know. 5i Thornas �"'�1ash, YY TCNlskb �. , - '... , _. , F.;' � � � � � � t' �� .t�� .•. J �� • �• '.7' ��'� �l.�i��+-. ��ti'5 icem M GLE�"�.RWATEFt CITY COMMI88ION Ne in� Date_ Agenda Cover Memorandum SIIBJBCTs Vacation Request 96-038 (City of � r��. . ! �� Clearwater) RECOMMENDA�gON/M07�YO�I: Approve the City's request to vacate that portion of the North/South alley lying West of Lots 3, 4, 5 and 6 and East of Lots 7, 8, 9 and 10 in Block 3, of Pine Crest Subdivision, and deny the request to vacate the alley Wes� of Lots 1 and 2 and East of Zots 11 and 12. BD�RY s o This item was continued from fihe March 21, 1996 City Conunission Meeting in order to accommodate the already stated concerns. • This is part of a City initiated, neighborhood wide, a�ley vacation request for an area bounded by Drew Street, Myrtle Avenue, Greenwood Avenue and Palmetto Street based upon prior Commission direction. � �tesidents in this 3rea believe �hat if they are allowed to fence in their portions of the vacated alleys it would help to eliminate pedestrian traffic and illegal activities along the rear of their properties. This will serve to further restrict access (both vehicular and pedestrian) through this neighborhood. • Ms. Capshawa owner of 4 Lots abutting the alley, has written a letter to the City expressing concern regarding the activities that occur in and about the alley. Ms. Capshdw has agreed to a partial vacation in order to control traffic. • Engineering Services has reviewed They now agree that the Southerl Because the business owner on the also owns a lot on th� East side, his loading dock. • . � � � � � i � � � � � the condition of this alley in the field. y portior� of the alley could be vacated. West side of the North end of the alley he will have room to maneuver a truck to Florida Power, GTE and Time Warner have no objections provided a utility easeme�Yt is retained full width over the vacated alley. The City Engineer concurs with Engineering Services recommendation, that the Southerly porti�n of the alley can be vacated. Revic�red by: � •� i i � Origir►ating D t i �ts: N/A � Legal N!A ; Engineering � i i � ��/ � (Current FY) � Budget�A ; ( � _i i ; User Dept.% � Funding Source: � Purchasing N/A ; ' ; i ; � Capt. Imp. � Risk Mgmt. NIA _ ; �' � � ; Adve�tised: � Opereting � IS N/A � � � ; Date; 3l07 & 3/14/96 � Other � ACM � � � �'r ; Paper: Tampa Tribune � i ENG. 1 I •_ ; � App�opriation Code(s) i � � Not requ:red � � OTHER N1�A � . .� }�/� � ____i Affected part ies � � Submitted by: ' � notified X .� � i City Manager(�� Not required .� ; � _ -- — �--- --- - - _ — - ■- — - -- ' REVISED 3/28/96 v�caeoo�x� � i Co�ission Actia� ' i � i Approvcd ; � i Approved i w/caidi t i ons ' � � � Denied ' i i � Cont'd to � � i � � � Attachments: ' i i i Appiication ; Location Sketch � Capshaw Lette� � i i i i � f EXHIBIT "A" ORDINANCE 6017-96 CITY OF CLEARWA�ER �.�ACATION REQUEST 96-03B ALLEY VACATION IN PINE CREST SUBDIVISION That portion of the North/So�th alley lying West of Lots 3, 4, 5 and 6 and East of Lots 7, 8, 9 and 10, Block 3, of Pine Crest Subdivision, as recorded in Plat Book 1, Page 66 of the Public Records of Pinellas County, Florida, w � � Q � � � � � � � .� � � i �� %� i i . � LPdiA1S.WJ3 V9603B - 3R6/96 W a z Q W Z 5 SZR£ET STREET � �� ' �"'�' �.::�. � � 1 � • � ��m� �rvtc W � Z � �� I W �I�►E � *� � 8 �..�� a PALLEY��YACAilO�N 1 2 Q 3 Z � 4 �' N � W 6 �' ,� il ;� � Vacation Number 96-03 �'city oi Clearwater�� V A C A T I O N R E Q II E 8 T P R O C� 8 8 I N(3 S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPFRTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 2`78A�F-7 SECTION 10 TOWNSHIP 298 RANGE 15E 1. ENGINEERING S VICES: � REVIEWED BY: � APPROVED BY:�.��y�� DATE: r-,,�J`:9� C�MMENTS: This is a City initiated, ig orhood wide, vacati�n request bounded by Drew Stre , yrtle Avenue, Greenwood Avenue and Palmetto Street. Engineering Services has recently received several alley vacation requests in this area and staff believes the City would save considerable time and expenses to group the vacation requests together with potential future requests. Residents in this area believe that if they are allowed to fence in their portions of the vacated alleys, this would help to eliminate pedestrian traffic and illegal activities along the rear of their properties. Th� City has existing utility services within the alleys. Engineerinq Services has reviewed the condition of each alley, in the f ield, and have no objections to vacating a portion of the alleys subjec� to the alleys being retained full width as drainage and utility easements. Florida Power, GTE and Time Warner Cable have no objection to this vacation provided a utility easement is retained full width. Please see "Engineering Services Recommended Vacations" attached to this processing sheet. 2. TRANSPORTATION GROUP: � REVYEWED BY: '��,� � �t,�`-�yp,�,��, � DATE: 1 COMMENTS: ��.Q� (l,��t�. � � 12Q. 1� �-1f � GQ.. . C..p'1A+��,�,.4- �. �� \ ''^.`� `�.°�, � . �. 3. CENTRAL PERMITTING DEPARTMENT: REVIEWED BY: ��rAPPROVED BY: COMMENTS: � �44 • t � o ob�Q a--S Vacation Number 96-03 '�cf ty ot clearwater" r� � DATE : I � k!' f � ��q� � 4. SOLID WASTE DEPARTMENT: ._ REVIEWED BY :`�,�� ,1�14b-�- APPROVED BY : �, j�,��,�� COMMENTS: v l�o O�j�rC\tv••s DATE : o?�,��f�, 5. GAS DEPARTMENT: R�VIEWED BY :�„�Eh?�� APPROVED SY : _� DATE : c�' p'�v COMMENTS : w� . � / �% %�N ��nePi}r� �Wcc° 'tilei'� IS �Xisfit� �4S i n �r�� . 6. FIRE DEPARTMENT: REV I EWED BY :�.c�oe,t,�- !�A U� �jar( COMMENTS: �0 6 � �-�.�rn-S � APpROVED BY: �f.t.4� �DATE:FEB � : � .,. I 7. POLICE DEPARTMENT: REVIEWED AND APPROVED BY: COMMENTS:�� 8. CITY ENGINEER: REVIEWED AND APPROVED BY: COMMENTS: � (./Y�-V � �� . � � , . �� , Vacation Number 96-03 "City oi Clearwater" � �•� b � � / � �� DATE : %� � . � �t" DATE. � �� 3 , i� ------------------------------------------------------------------ ADVERTISING DATE: 3�07�96 AND 3f14j96 PUBLIC HEARING DATE: 3�21J96 COMMISSION ACTION:----APPROVED----CONTINUED�---TABLED----DENIED---- ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE: Y960(l.W73 REVISED 06/95 V,ACPROC . 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I � — �—' �� c, r • ow+en � t 5 �— � ] t2 11 1 H 1 13 12 11 1 g , �� ItW e LEE ST. � t3 }0 � � 9 10 3 H � i,,— C, o � 1 2 4 5 6 7 3 --- ----t ��--- ( H� _, 3 � `; STiiFiT r 16 � � a i 94 � Y 4 � s 6 1 � — 94�� 3 N � a� � O � 5 '�� 6 17 � 8 �j 20 19 1 � 14 13 12 11 l5 A 1 2 3 4 5 6 � 8 9 10 _-- — -- S.R. 590 ��:•u•ti.1 crrr or cu�xr�tsR n.o�a �� ENGINEERING DEPART1iENT *��s � � e�caacan+c sExv�cd .._,;,. . ;. � < � � a � Fyr•� �� PLAZA PARK ADDITiON ALLEYWAY STATUS ORAWING I 1 � z 4i �--k�--=_.�.___ �T1 E �, i � _.'_ 't I! I :.' _ i � ; 5 ! a I � a� I .-=_-1 __._. _._.� � . � ��. f ---�--------- — ---:1� � �- w—i--ts'T-.o' , 6 i� I I � i { i ' t � ` . i'� ; �9i I � �' i; ; s�, � �. , . � �__.1= _.__�__.i �_:-: i i !_ � � _ ,��1 I r-' ,". '---^---'--"_'� � 1 � � �' � i .l+� !O) i------ - --- -- -�r-� i � `r-----'---`r---�- `�eJ, I � ,___ _ _--�_-��-� � z � , ? — —� -- --- :� _ = ��_ - ' � � ,� i�d . i , � ' ' i � I • i ;+ .lM'""_.�� .__"_`"^" \:/i 1` � 0 February :'.'�, '��36 ��ity ��f �=learwater Engineering 1 C� S. M i ss��ur i Ave , �=�1 earwater, F'.la. 3-�E1�E Attn: F;ir_hard E+aier, Dire�_t� �r Terry Jenninqs Pill Shepard P��b F'er E; i n s ��e: ��'EENWOOD AF�EA EASEME�IT VA�=�AT ION V A�=: �� E --c:i � ��entl emen: En �_ 1�=�sed i s my r�quest f_�r t he �_ 1 c�s��r e�_� f t he f��1 1�_�wi n Q �lleyw�y: N�=�rth, S�=�uth alley Iyinq in E�lr_��_�; ; between 1�=�ts 1 thru 6 and 7 thru 1� F'ine�_rest Subdivisi��n �s re�_ ��rded i n F'1 att E+��; I, F'aqe E,6, F'ubl i � r e�=�=�r ds Fine2las i��unty, F1�. Th is par�ti�_ularily al ley 1 ies dire��tly behind rny business whi�=h is a aas st at i�_�n -�_ �_�nven i en�-e stc�r e 1��_ at ed �t ��:� 1 N. Myr t 1 e Ave, �=:1 ear wat er . I have :�wned this business f��r the past eiqhteen years. The last ien �_�f these years h�s seen a tremend+��us in�;rease in dr��q traffi�_E:inq, teenage �ruisinq, and the aband�_�nment �_�f st��len veh i�;l es and bi�_y�=1es in, anci on th is alleyway. The �_�nl y way t�� thwart these i 11 eqal a��t ivit ies is f�_�r the pr ��perty �_�wners t�=� �=�I75�1'Ll�_ � the egress and i nqress by t he ��f f end ing individ��als. This �=�n ��nly be ac+=+�+mplished tht�auqh the leqa] pr�_��=edure ��f �_l��sure where we w��uld ha•�e the riqht t�_� ere�_t deterrents t�_� this tr�ffi��. I� f�:�r c�ne, have twc� publ i�_ tel eph� �nes ��n my pr�_�perty wh ich arp ��sed c�anst ant 1 y by users and deal ers �1 i E::e wh�� i nstr u�t their "��ust��mers" t�_� dr ive d�_�wn the �1 leyway f��r �he 'mer�=handi.�e". Sh�=�u1 d thi= c��nvenienl: ��_�=:�ss be rern�_�ved, I am �^ertain y��u w�_�uld se� a cie�, ided reduct i�=�n in this tyoe ��f �_rime. It w�=�u1 c� seem t�_� me that this �h�_��1 d ta�.�r� pre��den�=p ��ver an y��t her r ea�� n f�=�r �: eep i nq t he al 1 eyway � �pen . I h�.�pe t he i:: i ty Fat her s will appreciate the seri.c�usness �=�f the situ�ti�_�n �nd �=��n�-ur in th� ne!_essity t�� va�_ate these alleyways. Sincerely y�_�urs, �--�!r�_,.� • �� .r--� '�� Ann h1. �::apsh�w F'resident Dea�_ ��n' s i^�� rner , I n�= . '3C> 1 N. Myr t 1 e Ave. �;;1 earwat�ar , F1 a . �4E15 � � i � � a �`wJ�� wCHO�sOr� 3 --� I i 3 ('��ri9i�i'!5�5 �� ?0 19 ,s t7 �F 15 PA�M�TTO ! � � , �2 s a z 2 3 q 14 li 10 7 � � � � STREET 20i � # t i t9 '� ? � 3 { �' � 8 � ie � 5 i z Z W � � 17 1Q � a w :; > 16 14 11 5 � 15 � i �� 8 1 7 2 -- w ti 6 10, 3 S � 5 4 , s MAPLE ST. ,n �d6 �, % �� C � �„a. � q a ,o „ t,� ,j ST�E�1 6 � r . 5 4 3 2 � 8 ct r D u p 9 r' � i ,o �z t3 �� ;�5 �� 1l .� 1 � vaC RES i2-6-7: c � � � C t r w N E D � 5 4 3 2 1 8 9 �6 10 12 t3 14 15 t6 I " I � � N — `�� W +��► E I'♦ � 8 � a � I.EGEND %;;: �� - PROPOSED AL�EY VACAl10N � - ENCiNEERWC3 SEKVICES � RECOMMENDED VACA'TION BE DENIED a 0 0 w w � SEMiNOLE STREET zo � ',, � I , i 3� t 2 9 q r—�----� j--- � 3_: t 19 - " , 4 YaCj4f[D Oa 51'61 r ' � � Y GfE OR 71'.S 18 a� �ii�5 � � � � �l � a� io � i — ? —r - t� � � g t� 13 ta t5 16 16 ' 1Q 5 t a 11 10 7 � 5 . 15 `6 � il ELDRiDGE STREET �6 i5 11 T�3 I q � � / ' ~ ' � � � �""'"'.' ' a .� � t t t�-� �\I 7 E � ` a� � �..� � ' � � � � U � 1a 9 i 8 5 f - �`�'' I ° Lr��Et o s�e� ��--a �---- PLAZA 1 � �tl �3 14 � 15 s� 16 � S 17 a M � ,�. A 19 � 20 � 2t R ''� 2^� w� HART t 14 15 i6 17 _ t? ( ��1 C 1� 11 � 8 � � t0 �9 1_.._ s a a ip' it�t�' 13 to MAPLE H F—r-1 i— F- !--, i----:—�---� I �---T—� 1--i e{--I---�--�-�' I I I � i GTV Owr�EO y 15 � ,y .� 14 t3 t: 11 1 H)ta 13 12 1t 1 9 R 12 tt R 5 LEE 5T. 13 �Q q 7 8 9 10 3 H a t4 9 a � . 1 i 2 a 5 6 7 8 g i 1 � i Y 'S .B R�R STREEi t6 � 7 z o � i-�, � '" — ' 8 � � F y 17 6 ax � �M �b � 9a ' ♦ 3 3` � 9�� 1 2 3 4 5 Y p g � - a a � 4 11 t2 13 ta N b 5 5 5�9! 1) 6 � b ° r �� U IC b W STREE7 ,�� 5 ` do � ,��„ 0 2t �0 t9 t8 17A �� o L O ` � — 9s u ' 7 8 9 10 3 � z 3 ^' c>` 3 w Y �� 11 lO� c�Q � ^+ m ° Q 2 � � , , � � � �' a� 3 it 12 13 ta Y 12 9 Q� o 5 `W 5 �' 13 8 s E 6 � JONES STREFT o �a 7 ctg '16 20 19 7 ��1� � �,y 13 t2 t� i A � ( � 2 31a S g'ig c; t4� l� i �'' a a a > .Y' � cirr oe cLe�x��re�, PLORIDA ENGINEERING DEPARTMENT PLAZA PARK ADDITiON ENGINEEStiNC SERVICFS ALLEYWAY STATUS DRAWING 0 x � 15 6 y ` p 15 5 s o '� o 2 3 a I A ' g � � es ,.� �� o\�«N,A ...�«rG ..�w• M/• "fO�NI� �� N/� �� il171 w r.s �" oLx "" veite "' i o� � Mar-18-96 Ol•Q5P Cl�arwat�r Eng. 5�rvic�s UvuW1l1 IU�CI tul � �l11` . IGL. I�V .Ol.J 4+�1 V`i�� d�� II�ITERI4R5, INC. 813-462-6641 P.02 r�ar l�,yb 1:::�d F.��1 f , 911 Nc�rth Myrtle Ave. Clcacwat�r� Fl, r�4615 rh; 813.4�3.Z974 Faxs ga3,#47.d�S� ---�--,�-- ��= a6z�s6a� MarGh 12, 1996 CITY CF C�'..£A[�nTAT�R L � ATi'FI�TI4N i �� • RE: AtLEY�+�t 911 N. My�t1� �ettue l�eax Si.z : Th�.�a is to pz�pp�rty tr�t 1 the fact that hous� e�ntry a t1�ry truly �y�a �r�.�"rlr+.d- I.i�l C�IJW �'1C �81d921t �st t3�t the all.ay-way bei�ind nqy b��ir�ss alloca►te�d t�a the ponc�rty awners, c�ue t�o �e� aa.`ess Go th� alley-�tay for waz'e- �ick anci deli.veries for my bu$ine�s. � 0 � TO: FROM: Mayor and Commissioners Cynthia E. Goudeau, City Cler `�„ _ � CITY OF CLEARWATER interdepartmental Correspondence SUB.TECT: Crime Statistics regarding the Alley in Bl�ck 3, Pine Crest Subdivision COPIES: DATE: Elizabeth Deptula, City Manager Richard J. Baier, City Engineer April 17, 199b Rich Baier and I contacted the Police Department regarding crime reports in the subject alley. The Chief and Deputy Chief indicate they have no reports of a particular problem occurring in the alley. It was indicated the Police Department did not feel closure of this alley would be a significant bene�t to its efforts. If you have any questions, please let me know. ,;� c��Al�� c? ..I, � � ��. �`-� ��+i�a��° Clearwater City Commission � � Agenda Cover Memorandum � Item # Meeti�g Date: �. I g��'� SUBJE�T: Petition for Annexation and Zoning Atlas Amendment for 3014 Carolina Avenue; �wners: John J. Kach and Dorothy A. Kach (A 96-12) RECtiM M EN DAT{ON/M OTI O iV : A�p�-ove the Petition for Annexation and Zoning Atfas Amendment to Singie-Family Residential "Eight" (AS-8) for Lot 9, Bfock 5, Bayview City Subdivision and pass Ordinances No. 6014-96 and 6015-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. SUNtMARY: PR�POSED A►NNEXATIOtV AND ZONING ATLA� AMENDMENT PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PAOPOSED FUTURE LAND USE Not Applicable CLASSIFICATION ► Sewer Service REASON F�R REQUEST ,o4SSESSED VALUE �F SUBJECT Pi30PERTY . $ 2 7, 700. 00 Reviee�ecl bY: OriginatiRq Dept: Costs: S NJA Commission Action: Legal N/A CENTRAL E ITTING Total 0 Approved Budget N/A ❑ Approved wlconditions Purchasing NLA $ ❑ Denied Risk Mgmt. N/A User Dept- Current Fiscal Yr. CIS N A ' ❑ Continued to: ACM Ftnding Source: ❑ Capitat lmp. Advertised; � Operating �ttach�nents: Date• 3/21/46 � Other ORDINANCES N0. 6014-96 & /�,� � P Not TRequi ed BUNE LOCATION MAP Affected Parties APPLICATION Sat�itted by: Appcopriation Code: City Manager ,/�,� f"" � Noti fi ed , ❑ None �� Not Required �� Pri�ted on r ecycled poper A 96-12 Page 2 EXISTING ZONING AND► FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATIO OR FUTURE LAND USE ZONING ACTUAL USE N COUNTY PLAN CATEGORY Subject County Residential Urban R-3 single family residential Property North City Residential Urban RS-8 single family residential South City Commercial General CG cornrnercial general facilities East City Residential Urban RS-8 single family residential West City Residential Urban RS-8 single family residential ZONING RESTRICTIONS R -6 E XISTING S ;;�: �;��:``::R-::>.��;::;:;<::::y:.::::::;::::;:;;<;: :.>:.:::...: ...:.....::.: .:... DESCRlPTlON REQUI REMENTS <�:::� �� :i�l:��i`�''��::>::< �:� : . :: : :. : : :::: ... :: : . � :: : : �:.:. : . � : 6. . . D n i 5. u. . :::�:;��:::u:::��::'��;:>�:::_>�::::;:<:::::::>�:::`::... 8 u. a e s ty 5 P a ...:�::.;:�:::;:.::::.P:.:<�:.::::: �:;.;:<;><:<::::;<.;>:;.;:.: P m im a x u m ;: ��'rt��tti:u t»::::>' :::::::�:':::::>:�::<<:::::`::�:::: f I 45 . o. 7 0 s . . �� '�'�:�::��: �: <:>::::�;::>:::: ::::�� 6 0 s. t m. Lot Area ,00 q ft �::;:�*C3��3:�:�±�{�:>:;:.:::;.::�:::::<:;::>:>::.:;::. , q ::>�::�::::,:::<:<:>::;:::;::::;<�::: :::>::::>;:::::::>:<::<: ::<: :::<:::: ::>,:;:: m i n i m u rn �::rt3X�►>:::��::�:::<:;;:_::::;::::::;:><:::>::;;::<��«::�:::::<':<<::: :;:::::?:i::k:;":::'i;'� �';iii<:::i<!�i':;y:�:�:<2�; Lot Width at i0 ft. minimum :�:<��:::�#'4>:::�'i'i�i:t��::::::::<'»:::::>::::.<:..::::>:::;: 50 ft. k in se b c I e ta :::::::<><::>:::;;,::: <::>:� :;:<::<:::::::;;::: >:;«:: Depth 85 ft. minimum :::��:::�fi�::.;;�r'�tr��r�€��m; .:::;:;:; 129 ft. average ► The Engineering Department recommends that the City annexes the abutting right-of-way of Carolina Avenue together with the abutting alley to the north of the subject property along with this request. ► The Planning and Zoning Board held a public hearing on this applic�tion on Apri1 2, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. OTHER REC2UIRED RE�IE�11/S AGENCY Pinelfas Pfanning Council/Countywide Planning Authority LFlorida Department of Community Affairs ABBREVIATIONS: RS-8 Single-Family Residential "Eight" (City) R-3 Single-Family Residential (County> CG General Commercial u.p.a. residential units per acre YES I NO X X A9612.cc PETZTIOK FOR ANNEXATION City Catamiss ion City of Clearwater P.O. Box 4748 Clearwater, Florida Commissioners: We, the undersignedr being a�l owners of the described real -property, contiiguous to the present boundaries o! the City of Clearwater, and situated in an uninaorporated area o! Pinellas county, Florida� do hereby request that said praperty be annexed into the corporate limits of the City of Clearwater, Florida. We hereby further request that said property be zoned and classified i�hder the Zoning Ordina�ce of the City of Glearwater, as set forth an the foliowing page. Attached hereto is a current survey of the described property, (if �: it is unplatted), together with a certificate of title from a title ' company, a copy af the deed or a le�ter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advfsed of, understand and in consideration of annexation, utility services, and other gaod an8 valuable consideration, do hereby agree and covenant as f ollows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater regulations �' and ordir►ances as set forth in the City Code of Ordinances; 2. ta convey such recreatfon �and, recreation facilities and open space land dedication and/or fees in the amaunt and manner prescribed by Diviaian 2 and 3, Chapter 116� Article IV of the �lea�rwater Code of ordinances; and 3. when any substandard abutting street or utilities are subsequently upqraded by the City to meet City Standards, said improvement will be done ari an assessment .basis, consistent with City procedures therefore. We, the undersigned hereby c�rtify that we have read and examined al� of the statements and allegatione in the foregoinq Petifiion including attachments and after being duly ewarn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. r ��L�->i�� a y_�,i �� - �s_s�_ x � a� c�-- ., . u � G� . , h , �. r}'`Z6�L�t `� `� �.Z�l !' STATE OF FLORIDA COUNTX OF PINELLAS Subs ribea and sworn to bef ore me this �day af //�l. �� r��_ � 199�� My Commission Expires: � ' GERTR�� /� ZG Z � • � �-� NouryPuDNc.s�tM;�q�2�� ! No ary MY ��' s� 5�1t609 � � Ot1�W,M13-�' �Z1�`n�n ► � . . - � .. . .: : %, . . . . -�--r`•..-....-,.,, , y . ;.; .,. . �:� ., ; .. , ...,. . : -.,... . . ....�� ,.. .:� ., � . � � �-�-.�. R � , ... ' . . '. .. '... . � .. '� . . . � ... .. . ' �,,,,�"`r :. �.. ';:. �,:� . ... . , . �. . . . ... . ., ,.. . ,;_ . . . . . .�,.:.: ' . .. . . . . . ; , . �. . ' , .. � f: .i . .. � '. . �� . � . �. .•. ': � : . . 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' i � � e' . � �� 1 • . { • � � ��.a� a ' � aO • .. -.- --�o� - _ ��_ _: :,� _� : . _: ..� . . . . !.. � ' ' • . • '.-.�•_� , _ �� "! . ... ��.. ... ��: � r • ' � " ti.�...'.� r.. � _ , �� Q', Q��'�'t- " ! � . �"r'"�'► .,,,•--�-- ., , � �,� �� ,j'' �:. �►. . ��!!� : ,. T ��'� �., �� ..�� . � ,,,_ �. � . � 1 . •' �� ,�. .. 1L:.��3;.:i ��:;j�� e � - ► .�. "�• ^`':�� ' �/ �- � � -r • 'i: �,�� ..�:`�, ,� r .� V: � �., m ,; �:� _ o .: . .,� -.,�-�.�� . ; . m. � _ ..� _ . . �� :-.-�:: .�, �� m . _ . . . , /'� ..� � ��'�' � � � ,. � . , 40 . �� -�•-• r � � � � - � � �. � • : � . . .� • � � . � � � � � • • • a . • • • . - � . ' : :. � � - . . ' � � . • � r . . � � • • • � • • • \''. , . .'l • • � + � � :i�•� � • , , . . ,... . .:::. ,.. ,. , s. _. , . . .. . . - '•,,:;'., ;., .: �. , . , , �. �. • � . . A ; �',.. ��: �... ' . .. � � , . � ' ' , . � . . ... �.., . ,. . , . , .. .. ...� '. : .. .: . �. � . .. . . .'. - . . � .. �.. � � r ' � .. .. . . . , � '. . , .. � � ... ... . � . � , . � . . . . ... :.' . .. . . . . . . . . . , ' �.�. . . S,.l�• � . . � � .. . . . � . � . . . - . �. . , ... . ?i =��.b � � �� _ .� .� 111 ..c, .+ -�,-"'�11,rz. � •j�� • .1 •. AN ORDlNANCE OF THE CiTY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BAYVIEW AVENUE AND WEST OF MEADOW LARK LANE, CONS15TlNG UF LOT 9, BL4CK 5, BAYVIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3014 GAROLINA AVENUE, TOGETHER WITH THE ABUTT4NG ALLEY TO THE NORTH �ND THE ABUTTING RIGHT-OF-WAY OF CAROLINA AVENUE ON THE SOUTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFiNiNG �'HE 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 Staiutes, and the City has comp)ied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE 1T ORDAtNED BY THE CITY COMMISSION' OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby anne;;ed into the City of Clearwater and the boundary fines of the City are redefined accordingly: Lot 9, Block 5, Bayview City Subdivision, according to the ��nap or plat thereof as recorded in the Plat Book 9, Page 43, of the public records of Pinellas County, FL , together with the abutting alley to the North and the abutting right-of-way of Carolina Avenue on the South. (A96-12) �5�.�. The Frovisions 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 hav� heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property describecS herein upon the official maps and records of the City. Secti4�. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map dttached hereto, vvith the Clerk o� the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shalt file a certified copy with 4he Flor�da Department of State within 30 days aft�r adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and le al ufficiency: �- - C� . • �,• / . C � �c� '- -~,- Leslie K. Dougaii-Sides; st. City Atty. � Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6014-96 , • i � ► : 1 f � . 1 • . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF BAYViEW AVENUE AND WEST OF MEADOW IARK LANE, CONSISTING OF LOT 9, BLOCK 5, BAYVIEW CiTY SUBDIVIS1aN, WHOSE POST OFFICE ADDRESS (S 3014 CAROLINA AVENUE, TOGETHER WITN THE ABUTl'1NG ALLEY ?O THE NORTH AND THE ABUTTING RIGHT-OF-WAY OF CAROLINA AVENUE ON THE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, kS SINGLE-FAMILY RESIDENTIAL 8(RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignm�nt 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 cornprehensive ptan; now, therefore, BE IT ORDAINED BY THE CITY �OMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �g�tiQ�..l. 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 arnended, as follows: Propertv Lot 9, Block 5, Bayview City Subdivision, according to the map or plat thereof as recorded in Book 9, Page 43, of the public records of Pinellas County, FL, together with the abutting al(ey to the North and the abutting right-of-way of Carolina Avenue on the South. (A96-12) �� ! � ry Single-Farnily Res+dential 8 - RS8 Secti�. The Centrai Permitting Director is directed to revise the zoning atlas of the C�ty in accordance with the foregoing amendment. ��io� 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6014-96. PASSED ON FIRST READING PASSED ON SECOND AND F1NAL READING AND ADOPTED Approved as to form and le a�ufficiency: _ �' , / � - .` .� \ `• ' �. Leslie K. Dougall-Sides,� sst. City ttorney Rita Ga�; vey Mayor-Cornrnissioner Attest: Cynth�a E. Goudeau, City Clerk Ordlnanao No, 6016-98 , .. , � _ . . ;�... .r-. .. ...:t,�. � .. . .. . . S 1►l•� .��+ s :.. � � � 9 O �� pE` , � Clearwater City Commission � � A enda Cover Memorandum S ltem # Meeting Date: L_ �g � SUBJECT; Land Deve{opment Code Aniendrnent revising the density conversions for nursing homes anci residential shelters and revising parking regulations for nursing homes, residentiai shelters and group care facilities. (LDCA 96-05) RECOMM ENDATION/MO�'ION: Approve amendment revising density conversions and parking regulations and pass Ordinance 5992-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. BACKGROUND: The City staff has identified a need to revise the regulations for the �.iensity conversion for nursing homes and residential shelters. The new restricti�ns are consistenfi with the City`s Comprehensive Land Use Plan in conjunction with the Pinellas Pfanning Councif's Countywide Rules. Staff has also reviewed parking regulations for nursing homes, residential shelters and group care facilities, and pro�oses revisions to more cfosefy reflect actuaf need. The Planning and Zoning Board and Development Code Adjustment Board recommended approval of this ordinance on bpril 2 and March 28, respectively. gevjewed try: OriginatirLq Dept: Costs: S N/A Car�ission Action: legal .��. CENTRAL PERMITTING Total ❑ Approved Budget N/A ❑ Approved w/corxlitions Pu�rchasing N/A $ Risk Mgmt. N/A Currer►t Fiscat Yr. 0 Denied C1S A User Dept: O Continued to: ACM Funding Source: ❑ Capital Imp. Advertised: 0 Operating Attachments: Date• � Other ORDINANCE 5992-9b �,,�Paper: a Not Required S�pitted by: Affected Perties C� None City Menager � Notified App�opriatian Code: �'�� Not Required �.� Printed on recycted paper ORDINANCE N4. 5992-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DBVELOPMENT CODE; AMENDING SECT'ION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFIrIITIONS FOR NURSING HOME AND RESIDENTIAL SHELTER BY INCRF�ASING THE DENSITY CONVERSION FROM TWO BEDS TO THREE BEDS PER LJNIT; AMENDIN� SEC. 42.34 (6), CODE OF �RDINANCES, TO CHANGE THE PA.RKING REQUIREMENT FOR NURSING HOMES FROM T'HE EQUI�ALEN'Ir OF QNE PARKING SPACE PER TWO BEDS TO ONE PARKING SPACE PER TH�2.EE BEDS, TO CHANGE THE PA.RKING REQUIREMENT FOR RESIDENTIAL SHELTERS FROM ONE PARKING SPACE PER SIX RESIDENTS TO OIVE PARKING SPACE PER SEVEN RESIDENTS, AND TO CHANGE THE PARKING REQ T FOR GR�UP CA.RE FACILITIES TO ONE PARKLNG SPACE PER THREE OCCUPANTS, INCLUDING RESIDENT EMPLOYEES AND SUPERVISORS; AMENDING SBC. 40.545 (3), CODE OF ORDINANCES, RELATING TO THE USE LIMITATIONS FOR THE PUBLICiSENIIPUBLIC ZOIVING DISTRICT, TO DECREASE DENSITY FOR NURSING HOMES AND RE5IDENTIAL SHELTERS FROM 15 TO 12.5 IJNITS PER GROSS ACRE IN ACCORDANCE WITH THE CITY'S LAND USE PLAN AND IN CONJUNCTION WITH THE PINELLAS PLANNING COUNCIL'S COUNTYWIDE RULES FOR THE INSTITUTION�►I., CLASSIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT OR.DAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FL012.IDA: Section 1. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. De�nitions. The following words, terrns and plirases, when used in this development code, shall have the meanings ascribed to thern in this section, except where the context clearly indicates a different meaning: � * � * � Nursing horne,means a health facility where persons are lioused and furnished with meals and continuing nursing care for cornpensation. For the purpose of computing density of a nursing home, every three �e beds within the facility shall be con�idered to equal one dwelling unit. * � * * * Residential shelter means a building, dwelling or portion thereof, the use of which is for a nonprofit service providing a place of temporary residence to homeless persons or families. For the purposes of density, one dwelling unit shall equal three �e persons housed on the prernises. * * * * * Sectiori 2. Sec. 42.34 (6) (d) 1. d. , Code of Ordinances, is amended to read: Sec. 42.34. Parking. (1) Purpose. It is the purpose of this section to establish standards which promote the orderly, efficient and safe layout of parking areas designed to complement the use they serve. * * � � * (6) 0,,�`street parking spaces. * * * � * (d) Schedule. The following shall be the minimurn number of offstreet parking spaces required for each land use, activi�ty, building or structure permitted by this development code. When the determination of the number of required offstreet parking spaces results in a requirement of a fractional space, any fraction less than one-half space or more shall be rounded up. Parking spaces required on the basis of building floor area shall apply to gross floor area unless otherwise specified. Parking spaces required for employees shall be based on the maximum number of employees on duty or residing, or both., on the premises at any one time, which would include any overlap of employees at a change of shift. l. Residential and lodging uses. * * * * x� �i. Nursing homes: One parking space per three � beds occupied at maximum capacity. e. Group care facilities: One parking space ner three occupants at maximum capacitv. including resident emplovees and supervisors , , � s�e�r`�se�'�• * * * * * ORDINANCB NO. 5992-96 2 � * Residential shelters: One parking space per e� ven � residents, based on maximum occupancy approved by tl�e city. A minimurn of one space shall be required for each shelter. * * * * Section 3. Sec. 40.545 (3), C�de of Ordinances, is amended to read: Sec. 40.545. Use lirnitations. The following use limitations shall apply to public/semipublic districts: * * * * * (3) Nursing hornes and residential shelters shall have a maximum density of 12.5 �-S units per gross acre. * � * * * Section 4. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: r - .2 Leslie Doug - ides, Asst. City Attomey ORDINANCB NO. 5992-96 3 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk � �;,,,�,'; l� ` TO: FROM: SUBJECT: CITY OF CLEARWATER Interdeperttnent Corresportdence Betty Deptula, City Manager Scott Shuford, Central Permitting Director �7 City Commission Followup - 4/15/96 Worksession COPIES: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Cyndie Goudeau, City Clerk DATE: April l5, 1996 ,� � � � Ii� response to questions at this morning's worksession, I arn providing the following information: k e�- �,5 �'�`=�� ,,CODE AMENDMENT ADJUSTING DENSITY AND PARKING FOR RESIDENTIA.L SIiELTERS, GROUP CARE FACILITIES �iD F�1ILY CARE HOMES - Definitions for these uses are attached. � r OMINOR VA,�tlANCE CODE AlO�IENDMENT - The following table illustrates the extent to which signs have � been involv�d in the consideration of minor variances during 1995. The information i verbally presented to the Comrnission regarding the percentage of minor variances involving signs was incorrect: Minor variances involving signs accounted for 47% of all minor variances, since there were 15 minor variances considered in 1995 and seven involved signs. Consequently, I recornrnend not eliminating signs frorn the list of code provisions eligible for minor variances, even if the Comrnission ultimately decides against delegating all sign setback variances to staff, as proposed. The City Attorney and I will discuss adding the right-of-way (R-O-W) condition referred to in the second note under the table in sorne upcoming sign code revisions. CASE NiD. MV TYPE RESOLiJTION MV 95-02 1.2' SIGN SETBACK VARIANCE (SIDE) GRANTED MV 95-04 1 S SF SIGN AREA VARIANCE DENIED* MV 95-OS 4 SF SIGN AREA VARIANCE GRAIJTED MV 95-07 2' SIGN SETBACK VARIANCE (STREET) GRANTED** MV 95-10 2' SIGN SETBACK VARIANCE (S'I'REET) GR.ANTED** MV 95-12 0.6' SIGN SETBACK VARIANCE (STREE'I� GRANTED** MV 95-15 2' SiGN SETBACK VARIANCE (STREET) GRANTED** NOTES: * "REGULAR" VARIANCE SUBSEQUEI�TLY DEHIED BY CITY COMMISSION ** ALL INCLUDED CONDITION REGARDING APPLICANT RELO�CATION OF THE SIGN DUE TO R-O-W NEEDS Shoutd you have questions or comments, plcase contact me. SSldb a-�s.ss � 35.11 CLEARWATER CODE Cul-de-sac means a street havirig only one end open for vehicular traflic and the other perma- nently terminated by an approved tumaround for vehicles. Deferment means the continuation of a public hearing item. Delicatessen means �ny retail establishment that is primarily devoted to the selling af cooked food or site-prepared food ready for serving on the prem- ises or off-premises, with only incidental sales of grocery and non-food items. Density means units per gross acre. Detached single-family dwelli�ag rneans a single- family dwelli.ng which shares neither walls nor roofs with any other dwelling unit. Development means any manmade improve- ment to property, including but not limited to build- ings, structures and other site improvements. Development' review cornrnittee means an infor- mal interdepartmental team of city staff mernbers who review development plans pursuant to the City Code. District means any section of the city for which the regulations contained in this development code governing the use of land and any structures there- on are uniform. Dock means any structure constructed on pil- ings over open water or supported by flotation on the water used for fishing, sitting or similar non- cornmercial activities, and which may provide not rnore than. two slips for the rnooring of pleasure craft, except as houseboats niay otherwise be per- rnitted consis�tent with chapter 33, which slips shall be for the exclusive use of the residents of the contiguaus upland property and not for sale or lease. Double frontage lot means a lot bounded on op- posite or approximately opposite sides by� streets. Dwelling, muttiple-family, means a detached building designed or oceupied by four or more fam- ilies. Dcuelling, single-�amily, rneans a detached build- ing or a unit in a townhouse structure designed for or occupied exclusively by one family; no por- tion of which building interior, including any com- plete kitchen, shall be so designed, arranged or closed off in a manner that eliminates access there- to or exit therefrorn. As used in this development code, a complete kitchen is one which contains a cooki.ng unit such as a range, stove, oven, micro- wave oven or similar device; a refrigeration unit; and a sink, either together as a unit or as sepa- rate component parts. Du,elling, three-family, means a detached build- ing designed for or occupied exclusively by three families, conimonly called a triplex. Dr.uelling, two-farnily, means a detached build- ing designed for or occupied exclusively by two families, commonly called a duplex. A single-fam- ily house or dwelling becomes a duplex when the building interior,. includi.ng any complete kitchen, shall be so designed, arranged or closed off so as to eliminate access thereto or exit therefrom. A com- plete kitchen is one which contains a cooking unit such as a range, stove, oven, microwave oven or similar device; a refrigeration unit; and a sink, either together as a unit or as separate compo- nent�parts. :� Dwelling unit means a building or portion there- of providing independent living facilities for one family including provision for living, sleeping, and complete kitchen facilities. As used in this devel- opment code, a complete k.itchen is one which con- tains a cooking unit such as a range, stove, oven, microwave oven or similar device; a refrigeration unit; and a sink, either together as a unit or as separate component parts. Escrow means a deposit of cash with the city in lieu of an amount required and still enforced on a performance or maintenance bond. Such escrow funds shall be deposited in a separate account. Family means one or rnore persons occupying a dwelling unit and living as a single hausekeeping unit. Farnily care means a dweiling unit licensed to ._.o.--=----- serve clients of the state department of health and i-etiabilitative services and providing a living environment for six or fewer related or unrelated residents who operate as the functional equiva- lent of a family, including meeting the physical, emotional, and social needs of the residents. As Supp. No. 10 CD35:8 ,,,�'_..�. GENERAL PROVISIONS used in this definition, the term "resident" means the same as defined by F.S. § 419.001, as created by chapter 89-372, Laws of Florida, and includes an aged person, a physically disabled or handi- capped person, a developmentally disabled per- son, a nondangerous mentally ill person, or a child, all as defined by law. A family care facility shall be deemed a noncommercial residential use. Fast food resta�crant means a business involv- ing the sale of food and/or beverages ordered at either a counter or drive-through facility for ei- ther consumption on the premises using dishes � and utensils which are disposable, or consump- • tion off the premises. Final plat means a map, plan or record of a subdivision and any accompanyi.ng material, as provided in section 46.32. ' Floor area ratio means the gross floor area af a building on any lot divided by the lat area. Foster care means care provided a child in a foster family or boardinghome, group home, agen- �. cy boarding home, child care institution, or a�y combination thereof. • . �' Front yard means the area of a lot or parcel located between the right-of-way line for the street from which the property is addressed and the re- quired setback line from that right-of-way. Funerat home means an establishment with fa- cilities for the preparation of the dead for burial, not involving cremation, for viewing of the de- ceased and for funerals. Supp. No. �o CD35:8,1 � 35.11 GENSI�AL P-R�ali9T0IQS Gasoline station means a use primarily involved in the reta.iling of gasoline. Grade, existing means the natural earth sur- face, or the earth surface altered for drainage or other engineering purposes determined necessary by the city engineer. Gross acre: The tota] area vrrithin one or more contiguous p£trcels under common ownership. Gross floor area means the total interior E14or area af a building measured at the inside face af the exterior walls, but excludin� parking garages, carports, stairwells and elevator shafts. Gross leas�ble �loor area means the floor aret� designed for tenant occupancy. ,_,_.._.�,. Grou,�� care, level I, means a dwelling unit li- censed to serve��i nts oi the state department of health and rehabilitative services and providing a living environment for seven to 14 related or unrelated residents who operate as the functional equivalent of a farnily, including such supervision and care by supportive staff as may be necessary : to meet the physical, ernotional, and social needs of the residents. As used in this definition, "resident" means the sarne as deCined by F.S. § 419.001, as created by chapter 89-372, Laws of Florida, and includes an aged person, a physically disabled or handicapped person, a developmen- tally disabled person, a nondangerous mentally ill person, or a child, all as de�ned by law. �---� ------�- Group care, level 11, means a dwelling unit li- cense� so erve c ients o£ the state department of health and rehabilitative services and providing a living environment for 15 to 20 related or un- related residents �vho operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to me�t thE physical, emotional, and social needs of the residents. As used in this definition, "resident" means the same as defined by F.S. § 419.001, as created by chapter 89-372, Laws of Florida, and includes an aged person, a physically disabled or handica.pped person, a developmen- tally disabled person, a nondangerous mentally ill person, or a child, all as defined by law. Grou are, leuel 111, means a dwelling unit pro- vi ing a temporary�"�"or perrnanen� living environ- Supp. No. •i § 35.11 ment for one to 20 related or unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the resi- dents. The term includes facilities for crisis and attention care, spouse abuse care, mental health care, substance abuse care, and offender halfway housing. The term does not include a family care facility, a level I group care facility, or a level II gxoup care facility. Habitable floor area means the gross iloor area of a dwelling unit. Height means, for buildings, the vertical dis- tance from the mean elevation of the existing grade to the highest rnished roof surface in the case af a building with a flat roof, or the vertical distance frorn the existing grade to a point repre- senting the midpoint o£ the peak and eave heights of the main roof structure of the roof of a building having � pitched roof. For other structures, the vertical d.istance from existing grade to the highest point of tb�e structure above such existing grade. ' Where minimum floor elevations in flood prone areas have been established by law, the building height �hall be measured as though the required minimum floor elevations constitute existing grade except when the bonus provisions of section 42.23(1) are applied. Home occupation means an occupation, craft or profession atherwise required to be licensed by this Code carried on entirely within a dwelling unit except as such occupation shall be conducted from or dependent upon the utilization of a motor vehicle in which all equipment, supplies and ma- terials not otherwise situated within the dwelling unit shall be located far the sole purpose of travel frorri the home occupation site to the premises on which the business, service or trade will be ren- dered or conducted. .Any such use shall be inci- dental to the residential use of the dwelling unit and of a nature sa as not to change the residential character thereof. Horizontal zorce means an area in proximity to the airport with an outer boundary the perimeter of which is constructed by svcringing two ares, each with a 5,000-foot radius, from the center of each end of the primary zone, i.e., 200 feet from the end CD35:J GEN�R,AI. PKUVI510IVS Primary zone means an area longitudinally centered on the airport runway having an overall width of 250 feet and an overall length equal to the length of the runway plus 400 feet, 204 feet of �vhich extends beyond each end of the runway. Principal structure or use means thF: rnain or prirnary structure or use of land. Property rneans land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership. Property tines means the lines which bound a groperty. § 35.11 temporary placement of a recreational vehicle and reserved for the exclusive use of the occu- pants of such recreational vehicle. Recreutional vehicle park means a parcel of land reserved for the location of recreational vehicles. Remote switcicing station rneans a totally en- closed utility facility h�using telephone circuitry. Research and development facilities means lab- oratories or buildi.ngs the primary use of which is the research, testing and development of goods, ---_._____ materials, foodstuffs or products, Rear property line means a property line which Residential shelter means a building, dwelling runs generally parallel to the property line from or portion t ereof, the use of which is for a which a property is addressed. nonprofit service provid.ing a place of temporary Recreational vehicte means any of the following residence to homeless persons or families. For the types of vehicles: �urposes of density, one dwelling wnit shall equal two persons housed on the premises. t 1) . Travel trcziler. A vehicular, portable struc- ture built on a chassis and towed with a standard autornobile or truck designed to be used as a temporary dwelling for travel, recreation or vacation use and when factory: - equipped for the road, having a body width not exceeding eight feet. (2} Pickup coach. A structure designed to be rnounted on a truck chassis with sufficient equipment ta render it suitable for use as a ternporary dwelling for travel, recreation or vacation uses. (3? Motor home. A portable, temporary dwell- ing to be used for travel, recreation or vacation uses, constructed as an integral part of a self-propelled vehicle. (4) Comping trailer. A collapsible ternporary dwelling structure covered with a water- repellent fabric, mounted on wheels and designed for travel, recreation or vacation uses. t5) Auto carnper. Alightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover rernoved, and designed for travel, recreation or vacation uses. Recreational vehicle lot means a parcel of' land in a recreational vehicle park reserved for the Restaurant means a business establishment providing for the preparation o� sale of food or drink for consumption by customers on or off the premise�, but excluding facilities for non-cornmer- cial anc� incidental foad service withi.n grocery stores and delicatessens. An establishment serv- ing alcoholic beverages shall be considered to be a restaurant if 51 percent or rnore of the gross sales receipts are for the sale of food and nonalcoholic beverages, if there are no package sales of alco- holic beverages, and if not more than 15 percent of the gross floor area of the establishrnent is devoted to waiting areas, lounges, entertainment areas, or other areas where alcoholic beverages are served but where any other rnenu items are not typically served. Retail complex means two or more retail uses containing a minimum cumulative floor area of 5,000 square feet located on the same propetty. In cases where rnore than two uses are located in a retail complex, not more than ten percent of the total gross floor area of the cornplex shall be devoted to restaurant, nightclub, tavern or bar, or �ackage sales uses except as provided in sections 41.071 through 41,074. Runway means a defined area vn an airport prepared for landing and ttakenff of aircraf� t�long its length. ��pE� �;o i� CD35:13 •; � ►: ► ►• ' '. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SEC'I'IONS 35.11, 40.g24, 40.434, 40.444, 40.464, 40.474, 40.503, 40.523, AND 41.053, CODE OF ORBINANCES, TO REVISE THE DEFINITION OF MANUFACTURING," TO PROVIDE A DEFIMTION FOR "RESEARCH AND TBCHNOLOGY PRODUCTION USES," AND TO ALLOW RESEARCH AND TECHNOLOGY PRODUCTION USES AS P�RMITTED OR CONDITIONAL USES IN VARIOUS ZOIVING DISTRICTS; ESTABLISHING SUPPLEMENTARY CONDITIONAL USE PERMITS STANDARDS; PROVIDING AN EFFECTNE DATE. BE TT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: , ection 1. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definitioas. * * * * * C � - t�' �•t . � �'n . �� • •� � ��• ' � . ..� - � � �-, � �.� � � i� �� '��• • .��.�� .�. •�,� �- � �.. �� '�� •�• � �� . _a� ��.� .� • •_� �: �. �� ' �'�� •� � ::.-.• � .�� • �� ,. �� * � * * * :� � .�� z �� •� � �.� •� ��',� a n�. �. .�� '�� :,:.. � � •�.� ...� . ��•, •i.��. � ��i�,� �,• �• ,i� ��• �a.•� � �..�. �� .�.� � �- -�t� � �� .��.��'�. �. •.�t. ��'� •�� -. �� r ��i. * * * * * ecti°n 2. Sections 40.4?�, 40.434, 40.444, 40.464, 40.472, 40.503, and 40.523, Code of Ordinances, are amended to read: Sec. 40.424. Conditional uses. Wi' general commercial districts, the following uses may be allowed as conditional uses: * * * * * : C'. � ,�• �. ��• �� ,• �� * * * * * SeC. 4O.��i. COIl(�1�OOiil ll.Se3 Ordinance No. 5972-96 ' z s Within infill commercial districts, the following uses may be allowed as conditional uses: * « * * * :- • � .i�� - �� •�� • �.� �� * SEC. �:O.�i. COD(LtIOD3I iLSeS. Within highway commercia] districts, the foltowing uses may be allowed as conditional uses: * * * * * C� • i •�.� ' ��• ��a � �,� �� * Sec. 40.464. Conditional uses. Within commercial center districts, the following uses may be allowed as conditional uses: * * * * * : '. � • �.• 1 � � • • � �,� � � * Sec. 40.474. Cond.itional uses. Within downtown/mixed use districts, the following uses may be allowed as conditional uses: * * * * * " (9) (10) (11) (i2) i��) �14� Manufacturing uses , , , , Outdoor retail sales, displays andJor storage. Child day care. �asoline stations. Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. $�e�rch and tecbnQl�nrodu�tian uses_ * * * * * Sec. 40.503. Permitted uses. V4�ithin limite,t� industrial districts, only the following uses and struchures designed for such uses shall be permitted: Ordinance No. 5972-96 �1 �� 1' * * * * * :' ' � . �� - �� •�� . �.� � � * * * * * Sec. 44.523. Pecmitted uses. Within research, development and office park districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (5) Research and technoloe� production uses: �se��g;-�a��€ae-�g; .e�-ce�pat��g , @�fr; ; , , ; ; ; (�8) Accessory dwellings for security purposes; (Z-�-) Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. * * * * * Sectian 3. Section 41.053, Code of Ordinances, is amended to read: Sec. 41.053. Supplementary standards by category of use. The standards in this section which apply to the identified category of use shall supplement the general standards of use identified in section 41,052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. * * * * * (15) Manufacturing uses may be allowed in the infill commercial� downtown/m'xed use, research, development and office park, urban center (core) and urban center (eastern corridor) districts subject to all of the following; (a) The hours of operation are compatible with surrounding uses; (b) 'Y'he volurne of traffic generated by the use is compatible with surrounding uses; (c) Any noise, w�stes,� e issions generated by the use �g �s compatible with surrounding uses; (d) In infill commercial districts, a minimum lot size of 10,000 square feet shall be provided for this use; and (e) The use cornplies with all of the general standards contained in section 41.052. * * * * * Ordinance No. 5972-96 � ► 1.1� 11• •!a 1�.� •1 11. ��' �,'� 1 1' •'1' �1/11' 1 • 11 1 1 1 � • �1111' •1/11' 1 ' I � . 1 � . 1 It . ' � ' � � ' • . � 1' •, 1• �1' i� f. � 1�.' �1 • �11�. �' • 1 � 1�� 1' �� 1 � • 11' � . i ' ' 1' . :• • 1' � 11 �. � ' . 1 � • 1� 1 ` i/ 1• ' .. ' � 'll �1 ''1' . �il � t' . •. ,�11�. � ' . 1 �� 1� 1' .�� 1' �II• • I • ♦ I' ''I' .11• � �I.• IK� I �I ' � +k * # # �k �CCiIOIl 4. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. �s,tion 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: � - � `� I i�I, _ , t Leslie Dougall-Sid � Assistant City Atto�ney March 7, 1996 Attest: Gjmthia E. Goudeau City Clerk Ordinance No. 5972-96 �►� ►�1 � • .11 ': AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH/SOUTH ALLEY LYING BETWEEN LOTS 11, 12, 13, THE SOUTH 1/2 QF LOT 14 AND LOTS 2, 3, 4, AND THE SOUTH 1/2 OF LOT 1, E. A. MARSHALI'S SUBDtVISl4N, SUBJECT TO A DRAINAGE AND �JTILiTY EASEMEPIT WHICH IS RETAINED OVER THE FULL W{DTH THEREOF AND SUBJECT TO CERTAIN CONDlTIONS; PRQVIDING AN EFFECTIVE DATE. WHEREAS, Multimedia Distribution Corp., owner of rea! property adjoining the alley described herein, has requested that the City vacate the alley described in Exhibit A attached hereto; and WHEREAS, the City Cornrnission fnds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the Cifiy and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �i4,t11. The #ollowing: The North/South alley fying beiween Lots 11, 12, 13 and the South 1/2 of Lot 14, and Lots 2, 3� 4, and the South 1/2 of Lot 1, E. A. Marshall's Subdivision, is hereby vacated, closed and reieased, and the City of Clearwater quitclairns and re{eases all of its right, ti�e and interest thereto, except that the City of Clearwater hereby retains a drainage and utilit�r easernent over the described property for the instaltation and maintenance of any and al{ public utitsties thereon, and subject to an ingress and egress easement being provided to the property owner of Lots 13 an+d 14, Marshali's Subdivision. �'�2. Pinellas County, above. The City Clerk shall record this ordinance in the public reco�ls of Florida. following compliance with the conditions set forth in Section 1 Ordinance No. 6001-96 �,�.��. This ordinance shali take effect imr�ediately upon adoption. FaASSED ON FIRST READING March 21, 1996 PASSED ON SECOND AND F(NAL READING AND ADOPTED Approved as to form and legal sufficiency: Jo arassas, Assistant City Attorney ■� 2 Rita Garvey, Mayor-Cornmissioner Attest; Cynthia E. Goudeau, City Cle�fc Ordinance No. 6001-96 ;■ ; { � ;� ORDIPIANCE NQ. 6005-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 20.38(1), CODE OF ORDINANCES, TO PROVIDE FOR NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERS�NAL SERVICE, WITHIN FIVE DAYS AFTER REAL PROPERTY IS POSTED FOR A VIOIATION OF THE LOT CLEARING ORDINANCE; PROVIDING AN EFFECTiVE DATE. BE IT ORDAINED BY THE CITY CUMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 20.38, Code of Ordinances, is amended to read: Sec. 20.38. Same--fVotice of violation. . (1) Posfing. Upon completion of the field investigation by tl�e code enforcement officer and determination that a violation of this article ex'ists, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within ten days after the date of posting or the filing of a notice of appeal to the code enrorcement board during such ten-day period. A copy of the notice shall be ser� m�l1�d to the property owner by certified mail, retum receipt requested, or given to the property owner by personal service, e�-eFbe€s�e xr�hin five days followip.q the date of posting. (2) Conteni. The notice shall require that the owner cause the violation to be remedied within ten days or file a written notice of appeal with the city cleric requesting a hearing before the code enforcement board and, in the absence of compliance or the filing of a notice of appeal within the ten-day time period, the city shall have the right to enter the property and have such work done on behatf of the owner at cost to the owner, including the administrative costs authorized by section 20.39, which shall become a lien against the property until paid. If a written notice of appeal is timely filed with the city clerk, the city clerk shall notify the owner by certified mail, retum receipt requested, of the date and time when the owner or his agent or representative shall appear before the code enforcement board to show the board that the condition described in the notice of violation did not exist at the time the notice was issued, or to show good cause why the condition should not be remedied by the city at the expense of the owner. �'he notice by the city clerk shall also state that if the owner fails to appear before 4he code enforcement board at the designated time, in person or by representation, and has failed to take action to remedy the condition before the date specified by the code enforcement officer for compliance, then the owner shall be deemed to have authorized the city � Ordin��nce No. 6Q05-96 ; manager or a city employee designated by the city man�ger for such purpose to enter the property and take such action as is necessary to remedy the condition, without further notice to the owner, at cost to the owner, inciuding the administrative costs authorized by section 20.39, which shall become a lien upon the property until paid. (3) Delivery. For the purpose of giving notice ta the owner, the name and address of the owner according to the records of the property appraiser of the county shall be used. Notice shall be given when personally se►ved upon the owner, or any owner if more than one, or when mailed by certifed rnail, return receipt requested. The refusal of an owner to accept delivery of notice shall not be deemed a failure to give notice. Section 2. This ordinance shall talce effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and tegal sufficiency: � � �' / �'�� .(r!// I _ /1 � • • • � Assistant City Attorney s 1 � April 4. 1996 Rita Garvey, Mayor-Commissione� Attest: Cynthia E. Goudeau, City Clerk 2 Ordinance No. 6005-96 �� ► ► ►• .11' '. AN ORDINANCE OF THE CiTY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY L�CATED SOUTH OF FAIRM�NT STREET, CONSISTING OF LOT 18, BLOCK A, PINE RIDGE SUBDI�ISION, WHOSE POST OFFICE ADDRESS IS 1330 PARKWOOD STREET, INCLUDING THE ABUTTING RIGHiS-OF-WAY OF BOTH PARKWOOD STREET AND ROLLEN ROAD, INTO THE CORPORATE LIMITS OF THE CiTY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIOiV; 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 Ciearwater to annex the property irrto the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all app{icable requirements of Florida law in connection with this ordinance; now, therefore, 8E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ection 1. The following-described property is hereby annexed into the City of Cleacwater and the boundary lines of the City are redefined accordingly: ��t 18, Block A, Pine Ridge Subdivision, according to the plat or map thereof as rF�. :: '� in Plat Book 28, Page 9f3 of the public records of Pinellas County, Florid�, �Ggether with the abutting rights-of-way of Parlcwood Street and Rollen Road. (A96-1 C ) ection 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 C'rty Engineer, the City Cleric and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section �. This ordinance sh�ll take effect irnrnediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map �ttached 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 Approved as to fo lec�� sufficiency: ( 0 Leslie K. Dou� Assistant City April 4, 1996 Rita Garvey Mayor-Cornmissioner Attest: Cynthia E. 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't �<<,i�cj.. ./:� `��^'t"....�� ' _ ►, i� " ` +- :..�::-z .'..�::-.ti`'.''...�" —.tiw � ' �s • �k•W'�,+��:'��..tti_ ,: !. • � :�C��t � i:) r�. t'T , ' . �� `�.. �;� a � + '` � � TT' �: v �::� a�:.. :?� � : �� 4 � � .+ e �'i1 �,�� t,;,. � •. .� �ti _� jr'�� i • �� ~�� [ �� - •. 1�MT� � �'.1. �� t� � ��:� (1' � PROP�J.SE� �tVlVEX, . . � A fV D Z(] I�I I IV G 0 � � �� .: i� 1 A �s .. . .. , . _. . .: ...� . .�� . '. : . :. �.�.. �'.. . .4 '. , ' � �.'.' ?... r .Ii � . �. 1 . .. � � . . . . , _ • �riil�t� �. �� I��_ _ . � ► � ► S ► ► ! . 1 1 • . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE �ITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF FAIRMONT STREET, COfVSISTING OF LOT 18, BLOCK A, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1330 PARKWOOD STREET, INCLUDING THE ABUTTING RIGHTS- OF-WAY OF BOTH PARKWOOD STREET AND ROLLEN ROAD, UPON ANNEXATI4N INT4 THE CI?Y OF C�EARWATER, AS SINGLE-FAMILY RESIDENTIAL 8(RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ardinance is found to �e reasonable, proper and appropriate, and is consistent with the City's cornprehensive pian; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ,�.tion 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: � •!'l� Lot 18, Block A, Pine Ridge �ubdivision, according to the map or plat thereof as recorded in Plat Book 29, Page 98, of the public records of Pinet(as County, FL , together with the abutting rights-of-way of Parkwood Street and Rollen Road. (A96-10) � �� Single-Family Residential 8 (RS-8) �,ction 2. The Centra{ Permitting Director 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, co�tingent upon and subject to the adoption of Ordinance No. 6009-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READlNG AND ADOPTED Approved as to form and legal sufficiency: .. leslie K. Dougall-Sid sst. Ciry Attomey April 4, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordlnance No. 6010-96 .;.,:, ,. .. .. AN ORDINANCE OF Tt�E CITY OF CIEARWATER, FLORIDA, ANNE�(ING CERTAIN REAL PROPERTY LOCATED SOUTH OF RANGE ROAD, CONSISTlNG OF M8B 13-06 IN SECTION 12, T�WNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1231 NORTH HERCULES AVENUE, INT� THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE 80UNDARY LINES OF THE CITY TO INCLUDE SAID ADD�TION; PROVIDING AN EFFECTIVE DATE. i� 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 Gity has complied with all applicable requirernents of Fiorida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �j�,. The following-descnbed property is hereby annexed into the City of Clearwator and the boundary lines of the City are redefined accordingly: See Exhibit 6 attached. (A96-11) �j�_ The provisions of this ordinance ane found and determined to be consistent with the City of Clearwater Comprehensive Plan. ?he City Commission hereby accepts the dedication vf ail easements, parks, rights-of-way and other dedications to the public which have heretofore been rn�de by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are dir�ected to include and show the property described herein upon the official maps and records of the City. �ect__iQr� 3_ This ordinance shall take effect immediately upon adoption. The City Clerk shall file certfied copies of this ordinance, including the rnap attached hereto, with the Clerlc of the Circuit Court and with the County Administrator of Pirzellas 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 FtRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to forrn and legal sufficiency: ,� 1 / // ' /�± � Leslie K. Dougall-Sides Assistant City At�orney April 4, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordtnancc No 6011•96 � . � � hil� 'y• �1 � y. N't��r«•� �h. • h ♦ �. },� +y�,� � r� ��:.:��:i 'iir��''r i�t,t'j, i• �a:' S'�' yM;" �j�ir"�% , - � ��i �1•�'�'�•�ii.ai.'.��') �� Y f ri L, s.:�� :rl� .;1iJ�i. �i,y ::ii- ! ,. �i ��.�E��'�h�!�P€� �. s, . � . '�i',�k�� ±� � �. �...! ki �i%"�{�*'i•°iy s :.; �.: �:3��` �. � �. ..,: � . � x, �, z ., t . �, a r �. . ,';� _�. 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Herc:ules Av PROPERTY DESCRIPTIQN; Z NIN M&B 13.06 COUNTY: M-1 . ACHES: 0.37 CITY: IL RIGNT-of-WAY: ACRES: ATLAS PAGE: 2718 SEC: 12 7WP: 29 S RGE: 15 E PLANNING AND 7.ONING BOARD CITY COMMIS5IQN. }:XHI BIT A � � i � � ► From the Northwest comer of the Southwest 1/4 of the Northeast 1/4 of Section 12� Township 29S, Range 15E, run thence S 00°16'S9' W, along the North and South 1/2 section line, 280.0 ft; thence S 89°09'S9' E, 233,0 ft. for a point of beginning; thence continue S 89°19'S9' E, 50,00 ft.� thence S �0°16'S9" W, 127.0 ft.; thence S 89°19'S9" W, 33.0 ft; thence N 00°16'S9' E, 55.0 ft; thence N 89°19'59" W, 17.0 ft.; thence N 00°16'59" E, 72.0 ft. to the point of beginning. tagether with: The South 72.0 ft. of the West 200.0 ft. of the West 650.0 ft, of the North 352.0 ft. of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, less and except the right-of-way of County Road #34 (Hercules Avenue) along the West side and the right- of-way of County Road #284, along the North side thereof; situate� lying and being in the County of Pinellas, State of Florida. ;' �_ 0 E;{�iIBiT B Ordlnat�ce No. 601� 4�6 � _ . • � � � � � � • � 1 ' . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMEN(71NG THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF RANGE ROAD, CONSISTING OF M&B 13-06 iN SECiION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1231 NORTH HERCULES �VEiVUE, UPON ANNEXATION INTO TNE CITY OF CLFARWATER, AS LIfUIITED iNDUSTRIAL (IL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district ciassification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's camprehensive plan; now, therefore, BE IT ORDAINED BY Tl-1E CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: , �tion 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: ' • �: t, See Exhibit A attached. (A96--11) •��!� �K Lirnited Industrial (tL} Section�. The Central Permitting D'+rector is directed to revise the zoning atfas of the Cit�► 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 iVo. 6011-96. PASSED ON FIRST RF�4DING PASSED ON SECOND AND FINAL READiNG AND ADOPTED Approved as to fonn and legal sufficiency: , Leslie K. Dougall-Sid Assistant Cityr Attomey April 4, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau Clty Clerk . . Ordlnance No. 6�12-96 [ ' � ' ' • . . ► Frorn the Northwest comer of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 29S, Range 15E, run thence S 00°16'59" W, along the North and South 1/2 section line� 2�0.0 �t; thence S 89°09'59" E, 233.0 ft. for a point of beginning; thence continue S 89°19'S9" E, 50.00 ft., thence S 00°16'S9" W, 127.0 ft.; thence S 89°19'S9" W, 33.0 ft; thence N 00°16'59' E, 55.0 ft; thence N 89°19'59" W, 17.0 ft.; thence N 00°16'59" E, 72.0 ft. to the point of begir�ning. together with: The South 72.0 ft. of the West 200.0 ft. of the West 650.0 ft. of the North 352.0 ft. of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South� Range 15 East, less and except the right-of-way of County Road #34 (Hercules Avenue) along the West side and the right- of-way of County Road #284, along the North side thereof; situate� lying and being in the County of Pineilas, State of Florida. EXHIBIT A Ordinance No. 8012-96 � .. ...-. - ,. . .:: ; • . _ ; . � , . .. ` . t . . ..�I�, � �,�,.?� �r, :�. _ . . � (�1 CtTY OF CLEARWATER Interdepartment Correspo»dence Sheet TO: The Honorable Mayor and Commissioners THItOUGH: Elizabeth M. Deptula, City Manager FROM: Richard J. Baier, City EnginPer . COPIEB: Kathy S. Rice, Deputy City Manag r William C. Baker, Assistant City Manager SOBJECT: DATE: School Board Property Access April 17, 1996 Please find attached herewith a map which depicts the Lake Chautauqua Park, Landmark Drive extension necessary to provide access to the landbanked School Board property and nearby streets. The extension of Landmark for school access beyond that which has already been discussed would be some 500 +/- linear feet of the proposed 24' roadway. If you should have any additional questions please do not hesitate to give me a call at extension 6042. 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II `1 � : � � r�.� ��r••, ,l �� r \ ' � • 1 , ... 1 77,t� I I' i., .. �._� _ _�..,...__ � i _ .��.�..�� .� �� ,. �. ._ __. i ,,: a� 1 ��, .� " I � �� ` � �� , jI� � M� � ' � ' �.r I � � ' u r • I r , 1';W r ... • .,_•. � �., _.. � ' , � .,,�, ,; ; , R 4 ».o� ., a � -- r CMAqCERv �� Ofl a��R ti �,: �- .} y „ �, ,. j� �.. • 3 � �► i,��'� _. a I ~ A �� ` _ � I.1L __ . 1 _ n .� � .� •1 y 1 r '�t, , �f _ �� r �••• iif n�h1 PI i��,1 (,h .� �'�(� � ,� .• ' .� 'r � !� � �> >1 , �� `� �� } • �.1 � �� ► ' i{{ � u� .. „ � � �, 4 ��__ k . � . , , . •`•,.� . I � J�.4�� • IJ� y Cl�Slt�4 NA< � � � ,� ��.1 �t� I �1 �� •l•I �� T �� '�. �•JI w_�1.. �� l_.�. � . ..{ i --L-- � - � - ---�- --� � � �iHl�.fv ��.v� � I I � U,M1 i y. �. I t'---' i ,,.�. »•x _"� _- �� m � . 1 , �....« u �� Z —_�+ ' � . i�;�ui ' _ . ' .` �...�. r J]'N 1 ~ `• �` i � ��' � 'j1�L�LI.Il11.% ��. j i7 N� -� � —_' r_K, 1_. f H , ; r "." ' - �_` 1�- �_, ��j�� ,� . ��,i �' � .f.+: : , . . .�.,.��'.1, .�, I .,,jw��„ . �� I � � l�+Nll' 7 1 !' �^�' � f ' '.��• � . _.. `,�.'' „�'�., ...r• , �;,�� ,';',1, • .. �t �"IiV�iF[C .�.. ..... . �O'd Lt�99-Z9t�-EI8 �a��n..aas -Gu3 ..ia�.gnn..�ca�� ZZ:t�i 96-Li---�db� 0 � �� , �- �y�z �- • � C.��..�. � • � �//��-. TOt William C. Baker, Assistant City Manager �_ c�� . , y� � r CITY OF CLEARWATER Interdepartment Correspandence Sheet ;�Fr��,,^n YROMs COPIE8: BUHJECT: AATE: Richard J. Baier, City Enqineer /' � � Elizabeth M. Deptul�►, Lity Mana er Kathy S. Rice, Deputy City Manaqer Ream Wilson, Director of Parks & Recreation Landmark Drive Extension South of Enterprise Road April 9, 1996 1 �� 996 ` r� I. -{.��,�,��r Please find attached herewith a letter from Jim Miller which we had discussed earlier last month. I was asked to forward this letter to the copied parties so that all may be aware of Mr. Miller's concern as voiced on behalf of the School Board. We wil]. retain the record copy for the Landmark Drive file and if you should have any additional questions, don't hesitate to contact me directly at extension 6042. R.7B/ns Attachment L�a.ric.r�, COPIES TO: COMMISSION APR 15 1996 PkESS CLERK / ATTORiV�v �� WALTER POWNALL SERVtCE CENTER 11111 S. &Ichcr Road Largo, FL 34643 i813) 5�1-3526 FAX (813) 547•7222 School Board ot Pinellu County. floriaa Chairman Andrea M. Thacker Vice{hairman Corinne Frceman Lee &npmin Lucilc O. Casey Barbarz J. Crockett Susan l.itvala Linda 5. Lerner Superintendcnt J. How��rd Hinesley, �d.D. PincllasCounty5chools is ancqualop rtunity institution�s cducntion and c,nptoymcnc. March 5, 1996 PINELLAS COUNTY SCNVOIS �ovF uio z s csf�'t�cn� o��a z� �'nru i Rich Baier, Engineer City of Clearwater 10 S. Missouri Avenue Clearwater, FL 34616 � ENG �ERfMO Ap�tPN4aTRqTfp�J RJ� O TR/1 O EN1A D 1Ni�C O GAJ O E1N@ O p Mp O TCJ O RCS D C�OH O N8 O GLB ❑ CRF O JNrR D AE O WJS ❑ I] MJB O NP O ROB O R,�A CS RAP O OO «. • Re: Landrnark Drive E�ension Between Ente�prise Road and Union Street Dear Mr. Baier: The School District purchased 27 acres mol trom the Boy Scauts Carnp Soule i� Ju�e 1990. This property is currently be�ng land banked for future school needs. When this property was purchased we inquired about access to ihe site and was as�ured by the city that Landrnark Drive wo�ld be constructed 10 provide access for the school site, In October 1991 the School District granted the city the additional right-of-way {R/W} requested for the west 1/2 of Land mark Drive. The School District does not have a state recommendation for a new school or plans tor use of this school site, However, we wili require access along the east side of the site when the site is developed. We thereiore request that the city continue its plans to construct landmark Drive since it will provide the primary access for this school site. I am providing you copies of correspondence from the city regarding the city's planned construction of this roadway. If you have questions, call me 547-7286, Sincerely, , � r im Miller, irector Real Property Management cc: J, Howard Hinesley, Ed.D., Superintendent of Schools Bill �Iliemson, Area I Superintendent Tony Rives, Direclor, �acilities Design & Construction Depertment �.r eo�bte..�.a�.� Printcd on Rrcycicd Pa p�r JAMES MARCUS VERNOi�1 Attorney at I,aw 577 South Duncan Avenue Clearwater, FL 34b16 Rep{y to: P. O. Bo x 6d74 Clearw•�ter, FL 346I8 April 12, 1996 Rita Garvey, Mayor Commissioner Karen Seel CITY OF CLEARWATER P.O. Box 4748 Ciearwater, FL 34618 Honorable Mayor and City Cornrnissioners: J Commissioner Commissioner Commissioner coPiES ro: COMMISSION APR 15 1996 PFiESS CLERK / ATTORNEY Td.No. (8l3) 447-�i4 Fa�c No. (813) 446-6213 J.B. Johnson Edward Hooper Bob Ctark Next week you will be considering an engineering agenda item involving the Landmark Drive extension frorn Enterprise Road to Lake Chautauqua Park, As representative for James and Hazel Vogel, who own right-of-way within the area to be improved, I want to further assure your commission of my client's willingness to cooperate with the City's capital improvement plan. Upon receiving certain assurances from the City regarding development criteria, through che execution of a development order, rny client is prepared to dedicate the required 30 feet of right-of-way at no cost to the City. This issue was Iast addressed by the Commission on February 1, 1996. At that time a motion was passed that was interpreted by staff as instruction not to proceed on �nalizing the developrnent order until further instructed by the Comrnission. Since that time there has been sorne brief correspondence and this of�ce has forwarded a revised plan to the planning department for review. The DRC committee will meet to discuss these plans on April 17, 1996. However, no agreement is ready to be signed since n� substantive revisions have occurred on the Development Agreement since the rneeting with staff which occurred on 3anuary 31, 1996. L.et rne close by re-affirming that should your commission etect to proceed with the improvement of Landmark Drive, this office will work diligently with staff to complete an agreement and finalize pians for your adoption. It would be my clients desire to work as quickly as possible so that we can help the City meet its perrnitting and scheduling requirements. Sincerely, �,..1� .` I,� --�-.� �L � �,�� .. t�� . � J . IV�arcus Vernon l JMV/cm ��t.�c�m��.��z \ �e � v �`.�z- � MAYOR AND COMMISSIONERS: APRIL 18, 1996 MY NAME IS SHEILA SULLIVAN. I LIVE AT 3043 MARLO BOULEVARD AND ATTENI� COUNTRYSIDE HIGH SCHOOL. 'I'HIS IS MY FIRST TIME ADDRESSING A COMMISSION. MY NEXT DOOR NEIGHBORHOOD, COUNTRYPARK, SPEAK WITH �OUD VQICES AGAINST THE LANDMARK DRIVE EXTENSION. IT'S A SHAME A DEVELOPER SLAUGHTERFD �N ANCIEN�" FOREST TO CONSTRUCT COUNTRYPARIt HOUSES, MOSTLY WITH TEiREE-CAR GARAGES. THOSE RESIDENTS WERE LEFT WITH A STERILE COMMUNITY, LACKTNG MATURE TP.EES. I UNDERSTAND THE DESIRE OF COUNTRYPARK RESIDENTS, FSPECIALLY PROPERTY OWNERS ON HILLCREST CIRCLE EAST, TO SAVE THE STAND OF OAKS OFF ENTERPRISE 1�ND BEHIND THEIR HOUSES. BUT WHY DC? THEY IAtSIST THAT I, AND MY MARLO BOULEVARD NEIGHBORS, SACRIFICE OUR SAFETY AND SOLI:TUDE FOR COUNTRYPARK RESIDENT'S NARROW ENVIRONMENTAI, CONCERNS? HAD THE LANDNlARK DRIVE EXTENSION RIGHT-OF-WAY NOT BEEN PLANNED, COUNTRYPARK PROBABLY W4ULD BE ADJACENT TO iMY NEIGHBORHOOD AND THE TREES IQ QUESTION WOULD HAVE DIED YEARS AGO. IF COUNTRY- PARK RESIDENTS WERE SINCERE IN THEIR DESIRE TO SAVE THE ENVIRON- ME�iT, I THINK THEY WOULD BE WILLING TO SACRIFICE FOR THAT PURPOSE,. IF LANDMARIC IS NOT EXTENDED DUE TO COUNTRYPARK DEMANDS, T RECOMMEND ACCESS TO LAKE CHATAUQUA PARK RUN THi�OUGH THEIR SUBDIVISION �Y WAY OF PARKSTREA2�I AVENUE, WHICH DEAD-ENDS IN THE PARK. MARLO IS NOT ADJACENT TO THE PA�2K. ]PARK ACCESS OFF PARKSTREAM WOULD BE SAFER FOR CLEARWATER RESIDENT� AS IT INTERSECTS WITH 4-LANED ENTERPRISE, NOT 6-LANED MCMULI�EN-BOOTH. ALSO, PARKSTREAM IS ALZGNED STRAIGHT TO THE PARK, AND D�ES NOT HAVE DANGEROUS BENDS IN THE ROAD LIKE CURVY MARLO BOULEVARD. I REQUEST YOU APPROVE THE LANDNIA.RK EXTENSION AND NOT DISMISS DECADES OF PLANI�IING DUE TO THE WHIMS OF A VOCAL GROUP OF WEALTHY CONSTITUENTS. PLLASE CONSIDER THE TRANSPORTATION NEEDS OF THE FUTURE SCHOOL. MARLO BOULEVARD IS A�2ESIDENTIAL STREET, NOT DESIGNED TO SERVE AS AN ACCESS ROAD. UNTIL PROPERTY EAST OF THE LANDMARK DRIVE RIGHT-OF-WAY NEAR UNION STREET IS DEVELOPED, SUFFICIENT ACCESS TO THE SCHOOL FROM THE SOUTH IS NOT POSSIBI,E. THANK YOU FOR YOUR TIME t1ND MY FIRST, UP-CLOSE LESSON IN DEMOCRAGY. ��x� �� 't ' t'.'� �� S ��"'� � ,�L � � � �/ v � �. ° '9'q�� `oQ Clearv�rater City Commission Agenda Cover Memorandum ttem # Meeting Date: e �� U ' (b svBSECT: Agreement with Pinellas County Tax Collector for Special Assessment Billing RECOMMENDATIONiMOTION: Approve agreement with the Tax Collector of Pinellas County for billing and collection of assessments for the City of Clearwater Special Assessment District No. 95-01 (Sand Key Power Line Burial) and reimbursement of Tax Collector costs at $1.00 per tax bill, not to exceed $9,330. � and that the appropriate officials be authorized to execute same. BACRGROtJND : s A total of 2,855 properties on Sand Key were originally assessed. A total of 1,922 have chosen the prepayment option, leaving a total of 933 to be billed by the Tax Collector annually over a ten-year period. � This agreement provides for reimbursement of tax collector costs at the rate of $1.00 per billing. This cost is not expected to exceed $933 per year for the ten-year billing period. • The City will be reimbursed �or these project costs by the property owners via the assessment billings. Re�vie+red by: Legat Bucget Purchesing Risk Mgmt. CIS ACM Other N NJA N A � su�a�itted by: �� i�� Ci tv M6fiager Originating Dept: Finance �m�1 : User Dept: Finance Advertised: Date: ��,1 Paper: e Not Rec�ui red Affected Parties � Notified � Not Required Costs: S 9,330.00 Total S $ -0- Current Fiscal Yr. F�nding Source: 0 Capital Imp. � Operating � Other Special Assessment Appropriation Code: 315-94711-530100-552-000 Caamission Action: ❑ Approved ❑ Approved w/conditions D Denied C1 Continued to: Attachments: Original Agreement �7 None . : ►. THIS AGREEMENT, made and enterc� into between Clear�4•ater this day of March, 1996, by and between ihe CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State af Florida, hereinafter referred to as "thc City," a.�d the TAX L'OLLECTOR OF PINELLAS COtJNTY, FLORIDA, hereinafter referred tc.� �s '`the Tax Collector." V4'iTNESSETH: �VHEREAS, the City is authorized to impose non-ad valorern assessrnents and by Resolution No. 95-70 has expressed its intent to use the uniform rnethod of levy, co!lections and enforcement of such assessments for the purpos�e of collectin� assessments associated with the City of Clearwater Special Assessment District No. 9S-O 1 for the Properties, hercinafter "the Assessea Properties," more pariicularly described in Exhibit "A" attached to Resolution No. 95-70 ai�il recorded at O.R. Book 9I93, page 17I8, Public Records of Pinellas County, Florida, which document is incorporated by reference as if more fully set forth herein; and WHEREAS, section 197.3632(2}, Florida Statutes provides that the C:ty shall enter into a written agreement with the Tax Collector for costs as provided therein; and WHEREAS, section 197.3632(8)(c), Florida Sta;utes, provides that the City shall compensate the Tax Collector for the actual cost of collecting the non-ad valorem assessment. NOW TI-IEREFORE, as authorized by City Resolution and d'uected by Chapter 197, and for the mutual considerations sei forth herein, the parties hereto agree as follows: 1. The term of this Agreernent shall commcncc upon execution and shall run through final callcrtion of the non-ad valorem assessments on tl�e 1996 tax roll and payment of thcse funds to the City, and shall autornatically be renewed thereafter fur �ucccssive periods not to exceed one � � �._/-`. ycar each, if the City shall inform the Tax Collector, as ��,�ell as the Property Appraiser and the Department of Revenue, by the I Oth of January of'each calendar year, if the City intends to continue to use the uniform method of �ollectin� each such assessment for the City of Clearwater Special Assessment District No. 95-C1 pursuant to section 197.3632(6), Florida Statutes, 2. The Tax Collector shall collect and enforce the collection of the non-ad valorem assessments levied by the City for the City of Clearwater Special Assessrnent District No. 95-01. 3. The partics shalt abide by all statutes, rules, and regulaiions pertaining to the levy and collection of non-ad valorern assessments and any Ordinances promulgated by the City (copies of such pertinent Ordinances which the City is obligated to provide to the Tax Collector) not inconsistent with, nor contrary to, the provisions of Chapter 197, Florida Statutes, and Rules promulgated by the Dcpartnient of Revenu� pursuant to Chapter 197, �lorida Statutes. 4. By September I 5 of each tax year, the City shal] prepare and provide to the Tax Collector, pursuant to section 197.3632(5), Florida Statutes, the non-ad valorem assessment roll on compatible electronic medium, as defined in section 197.3632(1)(�, Florida Statutes. 5. The Tax Coll�ctor shall rnerge all roils, prepare a collection roll, and prepare a combined notice (the tax notice) for both ad valorem taxes and non-ad valorem assessments for the City, pursuant to sections 197.3632 and 197.3635, Florida Statutes, and any applicable Rules promulgated by the Departrnent �f Revenue, and in accordance with any specific Ordinances or Resolutions adopted by the City (copies of such pertinent Ordinances and Resolutions which the City is ob�igated to provide to the Ta.x Collector) not inconsistent with, nor contrary ta, the provisions of Chapter 197, Florida Statutes, a.nd Rules promulgated by the Departrnent of Revenue pursuant to Chapter 197, Florida Statutes, � f, herein. 7, V Tlie T�,�c Collector shall mail and co(lect the non-ad valorem assessments referenced The Ta.�c Collector shall pay the non-ad valorem assessments collected to the City in ins!�!!:�ients which coincide �ti�ith current ad valorem procedures. 8. The City shall reimburse the Tax Collector for the costs incurred for the billing and collection of the assessments for the City of Clearwater Special Assessment District No. 95-01 in the a.inount of One Dotlars ($1.00) per each tax bill which includes a non-ad valorem assessment for th� City of Cleanvater Special Assessment District No. 95-01 and which is mailed to ovmers of the Assessed Properties within the area identified as the City of Clearwater Special Assessment District No. 95-U 1, rnore particularly identified hereinabove. 9. E�thibit "A" to Reso;ution 9�-70, recorded in the Public Records of Pinellas County, Florida as described above, is incorporated herein by reference. 10. Either party may terminate this Agreement upon delivery of written notice of termination to the other party. 11. Any rnodification of this Agreement must be in writing and mutually agreed to by both pariies hereto. IN WITNESS WHEREOF, the parties have agreed, by and through their respective duly authorized officers or representatives. ATTEST: � ��. TAX COLLECTOR OF PINELLAS COUNTY By: � W. Fred Pe , C , Tax Collector Date: 3f3�/96 � �? ..,, _ . i ;� - � A'CTEST: CITY OF CLEARWATER By: CLERK OF COUNCIL MAYOR Date: AS TO CITY, APPROVED AS TO AS TO TAX COLLECTOR, APPROVED FORM AND CONTENT: AS TO FORM: � � . h-- �� F� r s � ASSISTANT CITY ATTORNEY ASSISTANT COUNTY ATTORNEY sr�tcconec.agr � rlil MMwL ,��''��SEAI~��,�: CLEAR1�1/6��'ER CITY COMiMISSlO� �` ��_ �; �`- 2A, _-_ _ o; `�-- Agenda Cover Memorandum �tem # �4Q�, — ��,o�� I � �` eeting Date: • ,,ATEA;,,.� SubJ'ect: DECLARATION OF SURPLUS PERSONAL PROPERTY AND DISPOSAL AUTHORIZATION ......� Recommer�dation/Motion: Declare obsolete, worn out or excess articles of furniture and office equipment that result from �he move to the new facilities as surplus personal property and authorize disposal through donation to charitable organizations in the local area, � and that the appropriate officials br� autharized to execute same. BACKGROUND: * New items of furniture and equiprnent have been purchased for both the Municipal Services Building (MSB) and Police Headquarters Building (PHB). Many items cuz•rently utilized by departments moving to the new facilities will no longer be needed. * Non-moving departments have selected many serviceable items for redistribution within the City. The City's approved moving company will relocate items as requested. * SurFlus items not selected for redistribution will be moved to a central location in the Annex Auditorium. All CiGy departments will have one last opportunity to select iterns of surplus for redistribution. * Non-moving departments will also generate surplus when redistribution is received. Those surplus itern� will be relocated to the Annex for additional redistribution or disposal. * Surplus used furniture and equiprnent has little resale value. Often, the cost of moving the items to a liquidator/auction house is greate� than the monetary return. * The City staff recommends donation of all. remaining surplus to charitable organizations as approved by the City Manager. Fixed assets having an original value of $500.00 or greater will be itemized for after action approval and proper accountability. Legal _�. Budget _ Purchasing Risk Mgmt. DIS ACM Other Submitted by: ty Manager Originating Dept.: Finance �'��; User Dept.: � Advertised: Date: Paper: � Not required Affected parties ❑ Notified � Not required Costs: Total Current FY Funding Source; ❑ Capt. I mp, ❑ Operating ❑ Other Appropri�tion Code: Commission Action: ❑ Approved ❑ Approved w/conditions ❑ Denied ❑ Continued to: Attachments: C� None None rlil MMwL ,��''��SEAI~��,�: CLEAR1�1/6��'ER CITY COMiMISSlO� �` ��_ �; �`- 2A, _-_ _ o; `�-- Agenda Cover Memorandum �tem # �4Q�, — ��,o�� I � �` eeting Date: • ,,ATEA;,,.� SubJ'ect: DECLARATION OF SURPLUS PERSONAL PROPERTY AND DISPOSAL AUTHORIZATION ......� Recommer�dation/Motion: Declare obsolete, worn out or excess articles of furniture and office equipment that result from �he move to the new facilities as surplus personal property and authorize disposal through donation to charitable organizations in the local area, � and that the appropriate officials br� autharized to execute same. BACKGROUND: * New items of furniture and equiprnent have been purchased for both the Municipal Services Building (MSB) and Police Headquarters Building (PHB). Many items cuz•rently utilized by departments moving to the new facilities will no longer be needed. * Non-moving departments have selected many serviceable items for redistribution within the City. The City's approved moving company will relocate items as requested. * SurFlus items not selected for redistribution will be moved to a central location in the Annex Auditorium. All CiGy departments will have one last opportunity to select iterns of surplus for redistribution. * Non-moving departments will also generate surplus when redistribution is received. Those surplus itern� will be relocated to the Annex for additional redistribution or disposal. * Surplus used furniture and equiprnent has little resale value. Often, the cost of moving the items to a liquidator/auction house is greate� than the monetary return. * The City staff recommends donation of all. remaining surplus to charitable organizations as approved by the City Manager. Fixed assets having an original value of $500.00 or greater will be itemized for after action approval and proper accountability. Legal _�. Budget _ Purchasing Risk Mgmt. DIS ACM Other Submitted by: ty Manager Originating Dept.: Finance �'��; User Dept.: � Advertised: Date: Paper: � Not required Affected parties ❑ Notified � Not required Costs: Total Current FY Funding Source; ❑ Capt. I mp, ❑ Operating ❑ Other Appropri�tion Code: Commission Action: ❑ Approved ❑ Approved w/conditions ❑ Denied ❑ Continued to: Attachments: C� None None r � _,�; � � Cl�� Clearwaxer C�ty Commission 'c�rn #: �=- �� Agenda Cover Memorandum 1�1c�eting Date; �' ��T � . SUBJECT: Purchase af Gas Meters and Regulators RECOMMENDATION/MOTiON: Award an annua) contract from 4/18i96 to 4/17197 for the purchase of gas meters and regulators to M.T. Deason Company Incorporated, Birrningharn, AL at an estimated cost of $98,436.00; National Meter Parts Incorporated, Lancaster, OH at an estimated cost of $45,086.00; American Meter Company, Roswell, GA at an estimated cost of $67,64i .50; Avanti Company, Avon Park, FL at an estimated cost of $2,916.00; Fisher Controls International Incorporated, c/o Key Controls Incorporated, Tampa, FL at an estirnated cost of $17,382.40; Tempaco of Pinellas, Clearwater, FL at an estimated cost of $8,475.00 for a total estimated cost of �239,936.90, which are the rnost responsive and responsible bids submitted in accordance with specifications Cl and that the appropriate officials be authorized to execute sarne. SUMMARY: • This bid represents the Clearwater Gas System's estimated requirement for gas meters and regulators to be used for new installations and change outs. • Bids were evaluated by the Assistant Director of CGS / Gas Supply & Operations and awarded based on cost and equipment meeting the specifications. After careful evaluation, the recommendation is as fol lows • Please award items 1, 3, 4, 5, 16, 17 and 18 to M.T. Deason Company In�orporated for a total price of $98,436.00. Item 5 was not awarded to American Meter Cornpany since it did not meet specifications as they substituted a different size meter. 0 s • Please award items 2, 13 and 14 to Nationa) Meter Parts Incorporated for a total price of $45,086.00. Please award items 6, 7, 8 and 9 to American Meter Cornpany for a total price of $67,641.50. Please award item 10 to Avanti Company for a total price of $2,916.00. � Please award items 1�, 12, 15 and 19 to Fisher Controls International Incorporated , do Key �ontrols Incorporated for a tota) price of $17,382.40. e Item 20 wil) not be awarded since none of the vendors rnet the specifications. This item will be rebid i n May. Reviewed by: Legal Budget Purchasing Risk Mgmt. IS ACM Other �y _.. / �i G�� -� �f-¢)j�`''/ Ciry M�R�ger � � Printed an �ecycied paper n Originating Department: _ _ ) I Costs: Clearwater Gas System �'��V� User Department: Clearwater Gas System Advertised: 2/296, Pinell:�s County D<�te: Review, Papef; 2/9l96, Tampa Tribune O Not Required Affecled Parties � Notifird ❑ Not Required Estimated Estimated Fu�ding Source: � CapilallmprovcmenL C7 Operadng: C) Other: Appropriation Code 423-000001 � 117�-000 Commission Action: $ 239,93G.90 ❑ A;�proved Total ❑ qpproved wilh Conditions � 99,973.71 ❑ Denied CurrcntTiscal Ycar ❑ Continued tu: Attacliments: Bid Tab & 5umrn;iry ❑ None � • Please award items 21 and 22 to Tempaco of Pinellas for a total price of $8,475.00. • These rnaterials wil) be purchased under the Gas Systern Inventory code 423-00000-141170-000 and be charged out as dispersed to CIP codes Pinellas, New Gas Mains & Services 341-96301-563300- 532-000 which will have a mid year budget adjustment rnade to transfer in $99,974.00 from project 341-96304-563�00-532-000 New Market Developrnent without impairing this project. Project 315- 96370-563300-532-000, Pinellas Phase 11 New Gas Mains & Services, will have bonds sold during the third quarter of fiscal 96 to cover the purchase of $139,963.19 in fisca) year 1997. • The transfer of Gas Revenues for this project is in effect, a loan frorn the City's cash pool, and is anticipated to be an interim solution as these monies will be reimbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds estab{ished. • Fiscal year 95/96 $ 99,973.71 • Fiscal year 96/97 $139,963.19 � ` o � � o � o °o $ °a � °o g � $ � °o o° g g g � $ g ol $ � � � = F o 0 0 0 0 0 o d o 0 0 0 0 0 0 0 0 0 0 o r: � a .. r- o. � �o V NNN 1+�1 N M � 00 � 1- O 6 W � r � QI �I � � � O C G O G C1 O O O C O G o O o O O C O O P N �` � o m m m p m o 0 0�p o mp o � o o mp o m m m �.' 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I� LL F- U U W U W W W 1/1 ( S 2 W �. tJ u. �r W u U u pp O Z Z s s s o� x z n[ s oc x cc s 7 > U .-. o[ V a U � N U U U p Q O O� ••• •-• Z 7V[ Z i r i 2 i 1~i1 = O O O�n O O O S V d�+ �+ �+ � J �+ �+ ^ M ~ p�V�i V1 O Q O O O O �\ � �. ^ O � N N J J�G NI V� M M M�-' N N M N N � N H O C p � e�- � � � � � P N N N u m m r �i r�i .i �ri ti r� ao o: � � � i► � � � � ao O m O K � �� W yO� M �WW+ N � � � H VI N Ow( O O Cf m Y �� i ' { i 1 i t � i� �1 0 � �- CLEARWA�CER GAS SYSTEM Interoffic� Com�muzication TO: Chuck Warrinqton, Managing Director & Executive Officer CGS &�tOM: Ralph D. Basnight, Gas Sp�cialist / Measurement � COPIE9: J. Terry Neenan, Asst. Dir. CGS, Dir. nf Gas Supply & Op. George McKibben, Purchasing Manager Elizabeth M. Deptula, City Manager SUHJECT: City Managers backup for Meter Agenda ztem (8id 81-96j DATE: 3/28/96 Item 5 was not awarded to Arnerican Meter Co. since they bid �he wrong size rneter which does not meet the required specifications. The meter they bid was the next size larger. M.T, Deason Co. was the next lowest bidder meeting the required specifications and awarded this item. Item 20 was not awarded since the vendors responding bid the wrong equipment or did not bid at all. This item will be rebid in May. r �� :� �1CJ � t? CLEARWATER G�AS SY�TEl� Interoffice Comcminication TO: J. Terry Neenan, Asst. Dir. CGS, Dir. of Gas Supply & Op. E"fi0[ri: Ralph D. Basnight, Gas Specialist / Measurement ��j� COPIE3: Chuck Warrington, Managing Director & Executive Offic�r CGS Mike Deegan, Acting Manager of Gas Operations George McKibben, Purchasing Manager SUBJECT: Bid 81-96, Gas t�Seters & Ft�egulators DATE: March 21, 1996 The following are my recommendations for the purchase of gas meters and regulators with respect to the bid information supplied from Purchasing. Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Item 21 Item 22 - Nf,T. Deason Co. @$66.00 ea./ Total Price $6,600.00 - National Meter Parts @$52.25 ea./ Total Price $41,800.00 - M.T. Deason Co. @$150.00 ea./ Total Price $12,000.00 - M.T. Deason C�. @$150.00 ea./ Total Price $24,000.00 - M.T. Deason Co. @$615,00 ea./ Total Price $39,360.00 This item is being awarded to M.T. Deason Co. since the low bidder, .American Meter Co. did not bid the proper size meter per bid specifications. - American Meter Co. @$591.75 ea./ Total Price $24,853.50 - American Meter Co. @$1,509.00 ea./Total Price $30,180.00 - American Meter Co. @$2,192.00 ea./ Total Price $6,576.00 - American Meter Co. @$3,016.00 ea./ Total Price $6,032.00 - Avanti Co. @$972.00 ea./ Total Price $2,916.00 - Fisher Controls Int. @$13.20 ea./ Total Price $6,600.00 - Fisher Controls Int. @$13.20 ea./ Total Price $6,600.00 - National Meter Parts @$13.25 ea./ Total Price $2,650.00 - National Meter Pari�s @$13.25 ea./ Total Price $636.00 - Fisher Controls Int. @$149.50 ea./ Total Price $2,392.00 - M.T. Deas�n Co. @$150.00 ea./ Total Price $2,400.00 - M.T. Deason Co. @$69.00 ea./ Total Price $1,656.00 - M.T. Deason Co. @$69.00 ea./ Total Price $12,420.00 - Fisher Controls Int. @$149.20 ea./ Total Price $1,790.40 - This item will be rebid since none of the bidders met the specifications. - Tempaco of Pinellas @$25.99 ea./ Total Price $7,797.00 - Tempaco of Pinellas @$2.26 ea. / Total Price $678.00 �• � �� _ - - �� Clearwater City Commission Item H: ( ;,c:: � t_� �,. �� . �► =�,� Agenda Cover Memorandum Mceting Datc: � SUBjECT: PASCO CC�UNTY GAS EXPANSION - PHASE III RECOMMENDATION/MOTION: Award a contract for the installation of polyethylene gas main on Ridge Road and Mitchell Bypass Boulevard, to Burnup & Sims Telcom, Inc. of Tampa, Florida, at an estimated cost of $433,389, which was the most responsive and responsible bid submitted in accordance with Clearwater Gas System specifications, � and that the appropriate officials be authorized to execute same. BACKGRC)U N D: • In order to provide timely installation of new gas mains for our third phase of expansion in southwestern Pasco County, Clearwater Gas System (CGS) proposes a contract with Burnup & Sims Telcom, fnc., for tfie installation of 6-inch polyethylene gas mains and other associated materials along Ridge Road and Mitchell Bypass Boulevard. � CGS's Strategic Plan calls for expanding natural gas mains into Pasco County in construction �hases. This third phase is approximately 7 miles. • Comrnercial accounts along the main artery of the expansion will be connected in approximately one-mile segrnents as the construction is completed. • Work will be performed under the direction of the Pasco Manager of Gas 4perations. • The contractor will supply all labor, equipment, sod, asphalt, concrete, and curb replacements. CGS will suppiy the gas-related materials; i.e., polyethylene pipe, fittings, and valves. The pro�ected cost of the CGS supplied gas materials is $252,500. • The polyethylene materials were approved by the City Commission on 6/14/95 under an annual contract awarded to M. T. Deason. The proposed contract provides for all aspects related to the installation of polyethylene mains. • The bid was opened on March 26, 1996. • A mid year budget amendment to t�ansfer $685,889 which includes contractor and materials costs, Reviewed by: ,,,, Originating Department: ,� Costs: Commission l4etion: I.egal �,� Clearwater Gas System f�f Estimated 5 ❑ Approved Budget v 7otal p Approved with Conditions Purchasing User Department: Estimated b ❑ Denied Risk Mgmt. Clearwater Gas System Current Fiscal Year ❑ Continued to: IS N/A Funding Source: ACM m Capitallmprovement: Other N/A Advcrtised: Pinellas County ❑ operating: Date: Review, 2/23/96; ❑ Other: Attachme�ts: Paper: Tampa Tribune,3/1/96 Submitted by: ❑ Not Required Appropriation Code Bid Tab & Summary N90-96 �� Affected Partic� 315-96320-563800- 0 Notified 532-000 ❑ None City M er � Noi Required � Printed on recyc4ed paper �� frorn Gas Revenues to a new CIP code 315-96320 called Pasco New Gas Mains & Services will be submitted to fund this project. • Moneys for this purpose were included in the FY 95/96 budget to be funded by a Gas System Expansion Bond Issue. These bonds are now projected to be sold in the third quarter of FY 95/96. • The transfer of Gas Revenues for this project is in effect, a loan from the City's cash pool, and is anticipated to be an interirn solution as these monies wil I be reimbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds established. � Printed on recycled paper �.., �4 0 0 0 0 o u ° p �.j o 0 0 0 0 '� O M o 0 0 0 o ii V � (7 � O a�D Oi N O�i ji ~ �.• � � U1 O O O 111 II H aq �-+ O tv o � o ao n � t4 E-� � • . . . � � N N V' d� 11 x a. H � n w m w n� m u O �n m r o � n N 0.' 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O� O N f�i 11 H� t•1 rl Ul U W a H F ro N � o a � � oI ��-+ .�-� °° ni � U .7 w o 0 0 0 o u H W O O O O O I� � p1 �7 • • • • • II �71 � O O Ul cr O �O U1 II E� � II � f"' V� m � N �ll 11 a • �n � � u H a H H ao 0 0 0 C7 � D U � � o � O r-I N rl N z i z O OD N O N rl 10 01 O �, � � � Q • o � � w a a �' o `� � � �W A vI v] a o4 Q Q O O m cn z z �SEAIy� r c� �,,I, � � i Q 9Q�'•�TER��OQ- Clearwater City Commission ��, /'� Agenda Cover Memorandum _��'' SUBJECT: Purchase of Fire Hydrant .�'" �. I t em tt Mceting Date: '��K1 - - _�_ RECOMMENDATION/MOTION: Award an annual contract for the period from 05/24/96 to 05/23/97 for the purchase of fire hydrants frorn U. S. Pipe � Foundry of Birrningham, Alabama, at a total estimated cost of $78,393 which is the lowest most responsive and responsible bid submitted in accordance with the specifications � and that the appropriate officiats be a�thorized to execute same. ..�.�.........�.. ,�., SiJ�Il�ARY : ►Fire hydrants installed throughout City's water distribution system. ►Used to replace damaged/broken hydrants, upgrade substandard hydrants or for systern expansion. Hydrants purchased, as needed, using inventory code and charge to appropriate C.I.P code. ►Quantities estimated ba�ed on past usage. ►Hydrants replaced when maintenance checks reveal they do not meet current standards, they need ma�or repairs or when requested by the Fire Department. Age is not necessarily a factor. ►To minimize inventory of repair parts in the warehouse, approved fire hydrants in Clearwater are limited to the foll�wing: Kennedy Guardian, Model K-81A Mueller Centurion, Model A-423 U. S. Pipe Metropolitan ►Hydrants purchased, as needed, using inventory code, and charged to appropriate C.I.P. budget code when withdrawn from warehouse. ►Current balances of C.I.P. projects from which hydrants may be charged, as of 03/19/96: ►System R & R - Capital-------------$ 491,676 ►Line Relocation - Capital---------- 1,505,460 ►System Expansion------------------- 153,929 ►System R � R - Maintenance--------- 144,936 ►City Manager's FY 96/97 budget will include requests for sufficient funding for this contract for next year. Reviewed by: Legal Budget Purch as i ng Risk Mgmt. CIS ACM Other Submitted by: U.�� . � �r�� City Mqriage� N A N/A N A �J /A Originating Dept: Public Works r n ��, � User Oept: Fire Advertised: Date: 02/23/96;03/01/96 Paper:Pin.Co,Review;Tampa ^r� Trib. � Not Required Affected Parties � Notified � Not Required Costs: S 78,393 (est.) Total $ 26,000 (est.) Current Fiscal Yr. Funding Source: � Capital Imp. ❑ Operating � Other Water Distribution Inventorv Appropriation Code: 421-00000-141110-OOa-000 Commission Action: 0 Approved � Approved w/conditions � Denied � Continued to: Attachments: Bid Tabulation & Summary (Bid 67-96) ❑ None M � v w w M n � � � 0 v w /� � V i+ � � � 0 0 0 0 0 ; �n o .+ r � � � ►y CD I+1 f� O� �'1 1 Q , d pC � a � o o u� � i � �: n � � m � i .� E. p0) a o .~+ a � � o M ►r YI rl 1D O� In � � O� �O V �O Uf � � � � °G ��p �� o °o n � o i � � H ►� �f1 O �O .� �f 1 a m � m � M i � .i O O m aD a0 1 Z � � � � � H Vl W F U °; v � .�i� .~7 W 0 r. .� r. �o a r r� � � r� N � � 0. b W � trif � �O � t+ � D ca r � � .7 W o v�i o m � i � � �� ; � a � rri .��i m v i � R � M � � m i a�G T o n r o� y� ya H � � WI b 1!f � e�f µ1 E'� W ~ L% O N � O� � � � E- �a a v �o �o u, W�y� �o N X � � t M �C �[-� V O U1 m i'1 V ; a OpK t+ 4I � h N O ��fl � p. �.7 N .� O� fV 1 en a. a nl rf � � N o a tA a H U e��l .Ni � e � � p y�,TQ. N�i M�K O� � O Pf � Af [j � J w �O �D �O �D Q (� s r► 7 �� .i � ai o 0 o i°n � Q '� ~) m N ei r� .ti � � � � � t� o m �o n � .�i .�i o m o � � e� �n ca � pp r o 0 0 T 1N�y-� �+ N O N �fl �Q(Q(44 ��f. Ih H EC '.3 Qai b 10 IJl {!1 � Q j��7 Q N1 'ji O O O Yf O 1!1 � OC M O Yf m U1 � I M � � � a � � a°� e � i �-1 O aD aD O� 1 N1 � MI Nf n � + al O N o v�i o�+ o � � o �1 �� M m n o� rC r+ � e v v�i h �'� � � �� ►N+ ►�+ � u�i uei � .�i �/1 !i b PI fV � rl Pq O � � � � � � � Q O O Q y a � � � � F3 � � � � .� � z � , ry �o O + M � M N � °xl .; r �; .� N "� z � o � �A O p� W p~y r� � � A p o a A W � a� � ��$ � �� o w 8 � � � � �n a u� o � � a 4 a a � � � m a x °x m � 0 -{��. , �. . . . '' \\ � � � \ CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk � SUBJECT: Purchase of Fire Hydrants COPIES: Elizabeth Deptula, City Manager DATE: April 17, 1996 In response to a question raised at Work Session, I have been informed the bid price for the purchase of �ire hydrants is the delivered price. If you need additional information, please let me know. E , ;� � � r SEf►lM� � ,�I, R � � 0 99�ATEP�C�'�� Clearwater City Cornmission Agenda Cover Mernorandum Item # _ ___, Meeting Dnte: �� __..._. _____� ..._..r.._. - ..�.o...,.. SUHJECT: Purchase of Slag (Cold Mixi Delivered �o - r�� RECOMMENDATION/MOTION: Increase amended Purchase Order #8379 for the purchase of Slag (Cold Mix) from APAC-Alabama, Inc. of Birmingham, Alabama by $13,650.00 to finish out the FY 95/96, resulting in a total purchase order of $38,220.00 � and thet the appropriate officiats be authorized to execute same. . - � SITNII�IARY : ►Cold Mix is used for patching pot holes and street cuts. ►We have tried other cold mixes but did not get the satisfactory results that this product offers. ►Estimate for FY 95/96 was based on total of 196.99 tons used in FY 94/95.. We did not anticipa�e additional use this year. Estimates in future will be based on previous 5 years average. ►Original PO increased from $20,475 to $24,570 by approval of City Manager's authorization up to $25,000. ►Estimate 200 tons will be needed to complete the year at a cost of $68.25 per ton = $13,650. ►Current balance as of 04/O1/96 -$93,094 in Streets and Sidewalk operating code 010-01341-550400-541-000 is sufficient to cover these increases. Reviewed by: legal Budget Purchasing Risk Mgmt. CIS ACM Other Submitted by: Ci t N A A N/A N/A Originating Dept: Public Works User Dept: Public Works Advertised: Date: Paper: � Not Required Affected Parties � Notified � Not Required Costs: S 13,650.00 Total � Current Fiscal Yr. Funding Source: ❑ Capital Imp. � Operating 0 Other Appropriation Code: . 010-01341-550400-541-000 Commission Action: � Approved ❑ Approved wlconditions � Denied ❑ Continued to: Attachments: � None ;1 : a «� .�� '` • �� t,at,.� ,� 1 :� CLEARWATER CITY COMMIBSIf?N �--� '� Agenda Cover Memorandum t--- , J� SUBJECT: Del Oro Storm Replacement - Phases 2 and 3(96-11) I t em t! Meeting Date RECOMMENDATION/MOTION: Award the Del Oro Storm Replacement Cantract - Phases 2 and 3(96-11) to ROWLAND, INCORPORATED, of PINELS,AS PARR, FLORIDA for the sum of $598,025.00, which is the lowest respr�nsible bid receivec� in accordance with plans and specif ications, �] and that the appropriate officials be authorized to execute same. SUMMARY: • The purpose of this project is to complete the replacement of deteriorated storm pipe (Phase 2) and to cdrnplete the asphaltic resurfacing of all streets in the Del Oro Subdivision (Phase 3). � Phas� 1 is being constructed by 4verstreet Paving, Inc. This phase provides for pipe replacement in the southeasterly portion of the subdivision and the construction of a stormwater treatment pond in the adjacent Bayshore Park. The stormwater pond has been constructed and the contractor is currently working on pipe installations. Streets in Phase 1 will be resurfaced as a part of Phase 1. • Phase 2 proposes to replace the remaining storm pipe system in the westerly portion of the Del Oro Subdivision. Attached is a location map showing the area of construction work for both Phases 1& 2. o Phase 3 is the street resurfacing of all remaining streets in the subdivision including the northerly and newest section of the Del Oro Subdivision which does not require storm pipe replacement. Street resurfacing in the northerly section is being advanced so that the entire subdivision resurfacing is completed at the same time. e This project will start on or about June 15, 1996 and is scheduled to be completed within 180 calendar days. Revieaed by: Legal _ Budget_ ��'� t• Purchasing Risk Mgmt. NJA IS N A . ACM � •7 1 E N G . _,;':,; ,' ;.: j OTNER �' i ; Subni tted b : �� City Man i _ 11CL283.eQn Originating Dept_ Engineering Servi , Use� Dept. AcNertised: Costs- $598.025.00 (Current FY) Funding Source: Capt, imp. X Operating continued: Camiission Actioai Npproved Approved w/conditions Denied ' ; Cont�d to ' Date: 02/26/96 & 03I06/9b i Other � � i � i Paper:St. Petersburg_Times; ; ; � AppropriAtion Code(s) i Attachments: ` Not required , ; , ; 315-96104-563700-537-000 ' Bid tabulation and summary ' Affected parties ; ; Location Mop � notified ' 315-92256-563700-541-000 ' ' ; 315-96103-563700-539-000 � i Not required X ; � � s � i ■; Page 2 continued: R�: Del Oro Storm Replacement - Phases 2 and 3(96-11) • In a separate Commission Agenda Memo, request is being made for a consulting engineer to design a storm water treatment area north of Del Oro Subdivision and east of Ruth Eckerd Hall on Alligator Lake which will serve the proposed improvements in Phase 2. The City can accomplish the pipe work in Phase 2 ahead of construction of the storm water treatment area because a new storm water outfall is not being created and the hydraulic connection to and treatment of storm water in the new pond will be made via the existing drainage canal on the east side of Ruth Eckerd Hall. • The Environmental Advisory Board recommended approval of the contract at the March 20, 1996, meeting. � The breakdown of accounting codes, descriptions contract is as follows: Deacription Replacement of storm pipe system Street resurfacing Amount $170,000 $261,525 $1G6,500 and amounts for this Expense Code 315-96104-563700-539-000 315-96103-563700-539-000 315-92256-563700-541-000 • The available balance in the street maintenance & resurfacing capital improvement project is sufficient to provide funds for this part of the contract. 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GC N � O1z0 � � V U W Z U� a V Z N � Q Z � t V �� a��~ � ? � z �� 'a v� waay O O 2 J V V � N � �}- W N Z Z � 0 O O O muuz ? _ � �� / C � ---__ra�:�, -� �--.�- �� i + 32lOHS,lbB ��vd � �� e � i \� � � ps, ' s• y y y �- , �'� , � � , � LJ �-- � ln 1 a m! W ti � U U ~ 'tni u' 0`,:? NIWO NVS `' � J + ^ � I �"�� v � y � �� {'.•r�.�`y�``� �i1�.� � ` � � � � 3^ � � � W �s N � a u, o � � � S� 3n v �� ' v,�_—_l�-� . ��, � ,�� z. ;- , v 3r� d o�c G ' ��n z z a Q vi � i tf �% 3n�S �J�aV I/ Q'J 02� �. � , ►. • ,. ,. / ,•�•�-� ��.� o \� L � � a ��,, � �. � Q w � �� .3a31� H100 �3 z c � s � �� Y� � N3��nrv�w � - z W c� � � W'—' n.� � w w c� c,� Q Q _ _ � [L � � T '?+a, T � � m � ll9 'b'� u �a a 3 � � � > ct, v � V ('l O \ (`7 (7 Q� O � Q C � \ z � � � � W Qw � �� d� � � U W � 3 � w o � _ , e. ' � � � � ,� � � i a 'H S�� ' 1 ¢ v r�y �'c".-' O ^� 9��'�rEa.�`'�� Clearwater City Commission Agenda Cover 1�'iemorandum Item tt Meeting Date: � '' \ , (. SUBjECT: Del Qro Phase li Wetiand Mitigatian and Stormwater Treatment, Alligator Creek Watershed Management Plan Early Action Project RECOMMENDATIONIMOTION: Approve Amendment No. 1 to the Agreement for Consultant Services for the Development ancl Implementation of a Comprehensive Watershed Management Plan for the Alligator Creek Watershed to Parsons Engineering Science Inc. for the design of a wetland mitigation and stormwater treatment project within the Alligator Creek drainage basin, a component af the Del Oro Phase 2 Stormwater Rehabilitation Project, in the amount $106,789 in accordance with City of Clearwater Code of Ordinances 2.564 (1)(e), � and that tl�e appropriate officials be authorized to execute same. SUMMARY: v Parsons Engineering Science is developing a Watershed Management Plan for this basin, which in its final forrn will require capital improvernents that are expected to also require wetland mitigation. • This project is a component of the Del Oro Phase 2 Stormwater Rehabilitation Project, and provides wetland rnitigation banking for future projects within the basin, and is supported as an "Early Action Project" by the Alligator Creek Watershed Management Planning committee. • An accompanying agenda item recommends the award of a contract to Rowland, Incorporated to complete the replacement of storm pipes and road resurfacing for Phases 2 and 3, which this treatment system will serve. � Separating the Del Oro Phase 2 Project into two components allows the City to proceed with the design and permitting required for the treatment faciliry while concurrently proceeding with the pipe installation and road resurfacing, as requested by the citizens. • The construction of this faciliry will be bid and constructed under a separate contract that will be brought to the Commission for approval at a later date. • The existing consultant agreement with Parsons Engineering Science, Inc. allows for this additional service, and Parsons Engineering Science, Inc.'s performance to date has been excellent. • This project will be added to the City of Clearwater Five Year Capital Watershed Plan and Water Resource Project Summary Document for FY 1997. • The Environrnental Advisory Board recornmended approval of the contract at the )anuary 17, 1996 meeting. • Total project funds in the amount of $106,789 are available in Capital Improvement Project, 315-96103, Stormwater Quality Improvement /Property Purchases, for this purpose. Reviewed by: Originating Department: ?� Costs: Commission Action: legal _ Engineering j�, $106,789 ❑ Approved B�dget � f�% �. Total ❑ Approved with Conditions Purchasing UserDepartment: •F $106,78q ❑ Denied Risk Mgmt. � N/A Current Fiscal Year ❑ Continued to: Engineering ' IS ; N/A Funding Source: ACM OO Capitallmprovement: Other Advertised: ❑ Operating: Date: ❑ O�her: Attachments: � �� Paper: Amendment Number 1 Submitted by: 0 Not Required Appropriation Code Alligator Creek Agreement f6r Consultant Services -- Affected Parties 315-96103 -561200-539-000 � �� ----_ -` C1 Notified D None Cii� ana er O Not Required � Printed on recycled paper AGREEMENT TOR CONSULTANT SERVICES FOR 7['HE DEV]EI,OiPMENT AND IMPLEMENTATION OF A COMPREHENSI'VE WATERSHED IVIANAGEMEI�1'T PLAN FQR THE ALI..,IGAT�R CREEK WAT]ERSHED AMENI�MENT NUMBER 1 THIS AMENDMENT, rnade and entered into this _day of , 1994 by and between the City of Clearwater, Florida, hereinafter referred to as the CITY, and Parsons Enginecring Sciecice, with offices in Tampa, Florida, hereinafter referred to as the CONSULTANT. WITNESSETH, That ��4'HEREAS, the CITY and the CONSULTANT heretofore on August 7, 1995, entered into an agreement whereby the CITY retained the C�NSULTANT to fumish certain services for the Development and Implementation of a Comprehensive Watershed Management Plan for the Alligatar Creek Watershed; and WHEREAS, Section 7.4 of the original Agreement pravided a mechanism for the CONSULTANT to provide additional services as authorizcci by the CITY; and V�'HEREAS, the CITY has deternlined it necessary, within the general description of the project as originally planned, to require .certain changes in services of the CONSULTANT and that the CONSULTANT be granted increased compensation; NOW, Z'�-�EREFORE, in consideration of the muhiai promises on covenants herein contained it is agreed that the CONSULTANT shall perform the services as modified by Exhibit "A", SCOPE OF SERVICES FOR DESIGN AND CONSTRUCTION SERVICES FOR DEL OR� 1'H�SE 2 VVETLAND MITIGATION AND STORMWATER TREATMENT PROJECT, attached hereto and made a part hereof and that the CONSULTANT shall receive for his Services hereunder the increased maximum arx�ount of $106,789, It is further agreed that the CONSULTANT shall complete these Services required of the CONSULTANT by said original Agreement and by tl�is Arneiidment Nurnber 1 in a timely mai�ner as directed by the CITY, Except as hereby modified, amended, or cha.nged, all of the terms, conditions, billing procedures, and other administrative procedures of said Agreement and any amendments thereto shall rernain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, by their duly authorized officers the day and year first above written. Rita Garvey Mayor-Commissioner Approved as to form and John Carassas, Assistant City Attorney CITY OF CI.,EARWATER, FLORIDA � Attest: � Elizabeth Deptula City Manager Cynthia E. Goudeau City Clerk PARSONS ENGINEERING SCIENCE, INC. By: Michael A. weet � Vice President 2 � ,:1 EXHIBIT "A" SCOPE OF SERVICES FOR DESIGN AND CONSTRUCTION SERVICES �'OR DEL ORO PHASE 2 WETLAND MITIGA'TION AND STO�tMWATER TREATMENT The scope of professional services for the design and construction phase of the Del Oro Phase 2 Wetland Mitigation and Stormwater Treatment project for the City of Clearwater, Florida, will include the following tasks: A. MEETINGS AND C44RDINATI4N 1. Predesign Meeting. Prior to commencing the design phase of the project, a pre-design meeting will be conducted with the City. The purpose of the meeting will be to establish the project schedule, contact persons, project team members, contract document requirements, deliverables, and other matters relating the successful compledon of the project. 2. � Progress Review Meeting. Project review meetings will be held on an as- needed basis at a time and location determined by the City project manager. The City project manager reserves the right to cancel or postpone a monthly meeting if he/she deems it appropriate. 3. Pre-Permit Application Meeting, A preliminary engineering meeting will be held with environmental permitting agencies to discuss the proposed design, Upon completion of the 50 percent design phase, a pre-application meeting will be held with the permitting agencies having jurisdiction over this project. The purpose of the meeting will be to determine permitting requirements, The following agencies have been identified: . . Southwest Florida VVater Managemer�t District U.S. Army Corps of Engineers 4, Meeting minutes. Parsons ES will prepare conducted during this project and will distribut three working days. 1 C: WATOUMIDEI.ORO. WW6:39 minutes for all meetings e them accordingly within 5. Progress Reports. Thr�ughout the duration of the project, Parsons ES will prepare and subrnit to the City monthly progress reports to include current project completion status and other information relating to the project status. B. SURVEYS 1. All survey work will be conducted directly by the City. Parsons ES will assist in defining the scope of surveying work, which will include the following: a. Topographic survey with ground elevations to the nearest tenth of a foot on an approximate fifty foot grid, b. Tree survey to locate and id�ntify all trees on the site having a diameter of four inches or greater at breast height. Each tree will be referenced to the state caordinate system and identified by diameter and cornmon name. - c. Cross sections of the ditches, located on both sides of the project. The cross section will be at selected intervals to be recommended by Parsons ES. d. Establish not less than four monuments for project horizontal and vertical control. These control monurnents will be permanently set in concrete and outside the probable construction limits. These monuments are to be ti�d into the State Plane Coordinate System. e. Survey and provide temporary moriuments defining the jurisdictional limits. Provide 10 copies of a"special purpos�" survey for agency review and sign-off. f. Identify property lines and show all corners and their appropriate markers {iron rods, etc.) and provide a legal description for the property (metes and bounds survey). g. Rights-of-way lines. h. Easernent lines. i. Locate and show spot elevations for tops and bottoms of all banks (top of slope/bottom of slope). j. Edges of all roadways, parking areas, and sidewalks. k. Locate and identify all manmade objects (mailboxes, culverts, etc,) 1. Locate and identify all utilities buried and overhead, as well as drainage systems. 2 C: WATOU1vnDF1�OR0. W W6:39 C. GEOTECHNICAL INVESTIGATION 1. Parsons ES will define the geotechnical requirements to be conducted by the City, ar its representadves, vvhich will be used to design both the facilities and the planting plan. D. CONSTRUCTION MOIYITORIN� 1. Develop monitoring plans for the pre-construction, construction, and plandng phases of the project. Monitoring nlans will include, but not limiteti to, water quality, plant inventories, and general site conditions. E. DRAWINGS AND SPECIFICATIONS 1. Final drawings will include, but not limited to: a. Site grading plan at a scale of 1" = 30' b. Site planting plan at a scale of 1" = 30' c. �Cross sections to include existing and proposed grades, plantings, and relevant water surface elevations. d. Planting schedule to include the number, species, and sizes of the plants to be provided. e. Structure details. f. Erosion and sediment control plan during the construction phase. g. Drawings will be prepared using AutoCad R12 format using the Parsons Engineering Science (Parsons ES) titIe block and standards which will be supplied by Parsons ES before �ommencing work. Survey will be drawn using model space viev�►point. 2. Specifications � a. Prepare all technical specifications necessary for grading, concrete work, erosion control, plantings, and other work items required for construction. b. Prepare the bid form, description of work, method of payment, and measurement and payment for the completed work. c. Prepare the supplementary conditions, as required. d. The City will provide the applicable Division 1 sections, general conditions, information for bidders, bond forms, and other applicable standard bid and contract documents. 3. Deliverables will include the following: a. Four sets of blue line prints and draft technical specif cations for review at the 50, 90, and 100 percent completion ledels. b. One set of reproducible mylars and one clean set of the technical specifications and other documents to the City for reproduction after 3 C:1}�ATOItAiIDEiLORO. WW6:19 the 10� percent completion review and resolution of the review comments have been completed. c. Water quality monitoring plan and post-construction site maintenance plan. 4, The City will prepare and distribute all copies of the documents requireti for bidding and construction of the project. F. CONSTRUCTION COST ESTIMATES 1, Prepare and submit estimates of [he probable construction cost at the 50, 90, and 100 percent submittals. G. CONSTRUCTION 1diANAGE,MTNT 1. Provide written documentation of che critical points requiring observation, 2. Participate in the pre-construction conference. 3. Furnish consultation regarding the interpretation of engineering plans and specifications. 4. Review complian�e with design, and expect or reje�t shop drawings which the contractor may be required to submit. 5, Monitor and inspect construction of the facility as to provide as-builts upon completion of construction. H. PF.RIVIITS 1. Prepare and submit permit applicadons and/or perrnit amendment packages complete, with all supporting documents, including any modeling to prove no adverse impacts up or downstream, to the following agencies: a. Southwest Florida Water Management District b. Corps of Engineers 2. Par�ons ES will develop a comprehensive mitagation monitoring plan for submittal to SWFWMD for approval. The plan will include all parameters required to maintain permit compliance and to guarantee khe success of the rnitigation bank. 3. Prepare and submit additional information and respond to the questions and comments received from the regulatory agencies during their review of the permit applications. 4, The City will pay all permit fees and publish all nocices as required by the regulatory agencies. 4 C:IHATOUM�DEL O RO. W W6:39 I. MITIGATION MOIVITORING As required by : the SWFWMD, monitoring of forested created wetlands will be required quarterly during the first three ye�ars and semi-annually during the years four and five. ; J. PROJECT SCHEDULE ' 1. The above scope of work will be completed in accordance with the foll�wing schedule, Schedule start date is the date of receigi of the notice , to proceed (NTP). a. Submit survey requirements request within 5 calendar days from ` issuance of NTP, a � , � i � : b. The City will submit the requested survey information to Parsons ES within 30 calendar days. c. Submit documents for 50 percent review within 45 calendar days of receiving the surveys from the City. d. The City will review the 50 percent plans and retum cornrnents within 15 calendar days. e, Submit documents for 90 percent review within 30 calendar days after receiving the 50 percent review comments. f. The City will review the 90 percent plans and return cornments within 15 calendar days. g, Submit all permit applicadons once the 90 percent review comments have been addressed. It is expected that permit approvals will require appr�oximately 120 days. h. Submit 100 percent documents within 15 caiendar days from receipt � � of 90 percent review comments and per�nits. ; K. 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I I I I AG�tEEMENT FOR CONSULTA►NT . . SERVICES FOR THE DEVELOPMENT AND� IMPLEMENTATION OF A COMPREHENSIVE WATERSHED MA.I�IAGEMENT PLAN FOR THE ALLIGATOR CREEK WATER�HED � 0 July 1I,1995 August 11, '1995 (changc to insurance requirements) ,' ��-. . ... .-�. � � SECTION 12 TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 30 i .. . , .. , SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT . . . . . . . . . . . . . . . 34 SECTION 14 EXTENT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . , 31 � �— e.J . � .-- • . AGREEMENT FOR CONSULTANT SERVICES FOR THE DEVFLOPMENT AND IMPLEIVIENTATION OF A COMPREI�ENSIVE WATE]RSHED MANAGEMENT PLAN FOR �i'HE ALLIGATOR CREEK WATERSHED `I'HIS AGREEMENT, rnade and entered into this s�venth day of August 1995, by and betwe°n the City of Clearwater, Florida, hereinafter referred to as the CITY, and Parsons Engineering Science, with of�ices in Tarnpa, Florida, hereinafter referred to as the CONSULTAI�IT. W1TTI�SSETH, That WI-�EREAS, the Alligator Creek Watershed lying in the City of Clearwater, the City of Safety Harbor, and Pinellas County, hereinafter referred to as "the WATERSHED", eiicompasses approximately five thousand seven hundred (5700) acres; and �'�i-�ERLAS, the South«�est Florida Water Ma�iagernent District, through the Surface Water Improvement Managernent Deparirnerit, has identified Tarnpa Bay and its tributaries as water bodies deserving priority for rehabilitation; and �y'I-IEREAS, the CITY, the City of Safety Harbor, Pinellas County, and the Southwest Florida VVater Managernent District have entered into an Agreement for the developrnent and implernentation of a Watershed Management Plan he:einaiter referred to as the Mt�T1AGEMENT PLAN to the e�tent of joinily funding an engineering study of the WATERSHED; and WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering and environrnental services in accordance w�th this agreernent; and WHEREAS, the t;ONSULTANT has expressed the willingness and ability to provide such services in accordance with the Agreernent; NOW TNERCFORE, the CONSULTANT and the CITY, in consideratiun of the mutual covenants hereinafter set forth, agree as follows: 2 � SECTION 1 SC�PE OF PR4JECT l.l INTENT OF THIS AGREEMENT � This project is being developed in accordance with the Cooperative Agreernent between the S�outhwest Florida Water Management District, Pinellas County, the City of Clearwate�r and the City of Safety Harbor for the Development and Implementation of a Comprehensive Watersh�d Management Plan for the Alligator Creek Watershed and the rnanagernent needs of each party. In accordance with the following sections, it is the intent af the CITY to contract the services of the CONSULTANT to provide professional engineering, land surveying, biological, envirorunental and planning aspects in developing the MANAGEMENT PLAN. The CONSULTANT, by executing this Agreement, acl:nowledges farniliari-r.ation with the project and SCOPE OF SERVICES a�zd accepts the responsibility to provide a product that is comp�ete in every respect and w�hic�i fultills the intent of this agreement, whether or not all iterns of work are specifically included herein. 1.2 I'ROJECT DESCRIPTION The primary objective of the project will be to prepare a comprehensive Watershed Management Plan for the Alligator Creek basin, ��Thich encompasses approaimately 5700 acres in central Pinellas County. The MANAGEMENT PLAN wi�l be used as a tool in the planning, regulation and management �f natural rescurces, of future development and as a basis f�r determining �td prioritizing capital improvements by SWFWMD, Pinellas County, the City of Clean�ater and the City of Safety I-?arbor. This objective will be met in part, by coi�ducting a comprehensive analysis of the watershed in order to characterize the watershed. The project will be canducted in two phases: (1) Planning and (2) Implementation 1.2.1 Pla�ining Phase The MANAGEMENT PLA.Iv is intended to evaluate ihe Alligator Creek Watershed, identify problems requiring management of resourc�s, and recommend solutions affecting water quantity an� yuality, and natwral habita� At a minimum, the MANAGEMENT PLAN will address existing flood situations to be defined herein, erosion, and stormwater pc�llution. The Planrvng Phase «�11 include the initial collection of design and water quality data, the diagnostic evaluation of the Alligator Creek Watershed, the use of an appropriatc linked «�atershcdlwaterbody model if applicable, that is approved �y Pii�ellas County, Clean`�ater, Safety �iarbor anc� the Southwest Florida VVater Management District (SWFWNiD), and t�ie development of a comprehensive watershed management plan, with recommendations far site specific physical improvements including public property availability and/or properiy acquisition information. The Planning Phase «rill also include ihe conc;eptual design necessary to 3 � deterniine permit az�d construction feasibility and cost effectiveness, At thc end of the Planning Phase there will be an assessrnent meeting of the participants at the close of w�iich a decisi-�n will be made on whetl�er the work should proc�ed into the Implementation Phase. 1.2.2 Implemcntation Phase The Implementation Phase will include the fnal design a.nd permitting of the top three (3) prioritized PRUJECTS recornmended in the MANAGEMENT PLAN, and the bid advertisement, award, and construction of� one (1) or more of the top three {3) prioritized PROJECTS. Description of the implementation phase is included for the CONSULTANT'S information and is NOT a part of this Agreernent, 1.3 LIMITS OF WORK 1.3.1 The MANAGEMENT PLAN limits shall ei�compass all areas required for the irnprovements described herein and shall extend, laterally and linearly, to those boundaries delineated as the Alligator Creek watershed required, in accordance with good engineering practice, to render the propased irnprovements compatible with abutting property and all existing drainage systems. 1.3.2 It is desirable that proposed improve►nents be contained within the lirnits of existing publicly owned lands, rights-of-way, or easernents where practical and feasible. l.4 KEY PERSONTI�L 1.4.1 The CITY reserves the right to approve/disapprove for whatever reason all persoruiel assigned to this project by the CONSULTANT. The individual(s) narned in Schedule 1 and/or such other individuals who are to be assigned to work under this contract are necessary for the successful performance of this contract. The CONSULTANT agrees that whenever for any reason, one or more of the aforernentioned individuals are unavailable for performance under this contract, the CONSULTANT sha.11 replace such individual(s) with an individual(s) of substantially equal abilities and qualifications, subject to approval by the CITY. 1.4.2 The CONiULTANT shall submit to the CITY a resume giving the full name, title, qualifications, and experience, for all successors andJor new persons prior to assignment of such personnel to perform work under this contract. Should the C1TY decide the . successor personnel does not meet the qualifications of the replaced personnel, or in the case of ne��v personnel, the CITY detennines t11ey are not qualified to per�'orm the work assigned, tl�e CITY will ad�•ise the CONSULT�'�IT accordingly. Ti�e CONSULTANT sliall tl�en submzt name(s) and qiaalifications of an individual(s) to the CITY until a determination is made by the CITY that the replacernent individual(s) has substantially equal abilities and q�.a��lifications of the individual(s) named herein. 4 � 1.4.3 The CITY, the City of Safety Harbor, Pinellas County, and SV►TFWMD shall each dcsignate a single Project Representative, hereinafler referred to as PROJECT REPR�SENTATIVE(s), who ��vill serve as a liaison betwee❑ the CITY, the City of Safety Harbor, Pinellas County and SWFWMD on all matters related to the development of this MANAGEMENT PLAN. The CONSLJLTANT, in recognition of the existing Cooperative Agreement, will simultaneously copy project correspondence to the PROJECT REPRESENTATIVES. SECTI�N 2 SERVICES TO BE PROVID�D �Y CONSUL7iAN']� 2.1 PROJECT MANAGEMENT AND COORDINATION 2.1.1 Work Program Coordination The CONSULTANT must coordinate work activities with the CITY, PROJECT REPRESENTATIVE(s), other involved State agencies, municipalities, and other vendors. The CONSULTANT shall submit a Project Work Plan outlining coordination activities. The CITY shall, however, be the primar;� contact. The Project Work Plan will include the following elernents: • Scope of Services • Project Schedule - Project Budget • Coordination Procedures � Reporting Procedures • Documentation Procedures • Technical Quality Control Procedures 2.1.2 Project Coordination Meeting The CONSULTANT shall designate in ��riting to the CITY, the Project Managcr and those persans who will supervise and coordinate the essential portions of the project. The CONSULTANT will schedule an initial joint coordination meeting (kick-off rneeting) tivithin one week of issuance of Notice to Proceed. S 2.2 INF012MATION COLLECTION AND MANAGEMENT 2.2.1 Literature Search The CONSULTANT vvill perform a literature search to review and assimilate available information pertinent to the study area under 4 major categories; flood control, v+,�ater and sediment quality, natural resources and drainage problems. This will include but not be limited to a review of the following information available from the CITY, Pinellas County, Safety Harbor and the Southwest Florida Water Management District (SWFWMI�), the Fiorida Department of Environrnental Protection, (FDEP), the Florida Department of Transportation , the U. S. Army Corps of Engineers, the U.S. GeoIogical Survey (USGS), the U.S. Department of Agriculture Soil Conservation Service (SCS), the U.S. Department of Environmental Protectian (USEPA), the Tarnpa Bay Regional Planning Council ("I'I3RPC) arld the Tampa Bay National Estuary Program (TBNEP): a. Existing reports relative to the study area. , b. Hydrologic, meteorological, and tidal records. c. City Stormwater Atl�.s Sheets, and Pinellas County Stormwater Management Plan for Alligator Creek, by H.D.R. (198 l) d. Existing drainage and stormwater management systems within the stvdy area e. Aerial photography of the study area Pinellas County (1994). f. Documentation of significant flood events. Identify ZS and ] 00 year frequency, 24 hour duration, storm floodplains. The verification and calibration for computer modeling will require an investigation of past events whi�h have existing documentation (i.e. rainfall data and streamflow records). g. Present and projected land use within the study area including the land use elements of the City of Clearwater, Safety Harbor, and Pinellas County Comprehensive Plans, and major developments that have been approved within the study area. h. Drainage maps for City, County and State roads w�ith the study area. i. Surface water quality and sediment data. j. Ecological studies. k. Rules and laws related to stormwater and flaod plain rnanagement (local, regional, state, and federal) pertinent to the study area l. Historical anci/or archaeological sites frorn the State Historical Preservation O�ficer. m. Soils and geotecluvcal inforn�ation required to identify soils related probleins using USGS hydrologic maps, soil survey maps, and the Soil Conservation Service. n. Point source discharges in the watershed, 0 2.2.2 o. NPDES Pcnnits Evaluate and Define Deficiencies of Existing Data Existing available data shall be evaluated to idel�tify any missing data necessary to the study. Additionally, conflicting data will be identified. Missing or conflicting data will '� be evaluated to deterinine the aPpropriate method of obtaining the needed data or resolving conflicts. 2.3 2.3.1 Data evaluation will include nuineraus pieces of information that will be grouped in the four general categories of interest for this study: drainage problems flood control, water and sedirnent quality, and natural resources. Furehermore, the data will be analyzed in terms of their utilizatior in this study. This information wiil be provided to the C1TY in a letter report FIELD WORK AND DATA ANALYSIS Field Work Field investigations shall be made of the drainage ways and tributaries and of existing drainage and stormwater management systems to verify stormwater atlas sheets and based on the specific needs of the hydrologic and hydraulic models and for subbasin delineation clarification. Field reconnaissance shall be completed to ascertain the present condition of strearns and drainage structures. Reconnaissance sl�all include meeting with City and County maintenance personnel to acquire knowledge of drainage systems and maintenance practices and problems. Written ancUor photographic docur�lentation of all open waterways, including structures shall be perforrned. Structure numbering will be consistent with the labeling system chosen for modeling. Field familiarization will point out specific problem areas and also note other pertinent factors such as areas subject to sedimentation, high velocity reaches, environmentally sensitive areas, and features affecting modeling. Natural resources will be assessed to establish a" level of service" in order to deternune a target condition and will include but not be limited to the following: a [:� ]ocation and type of vegetative cornmunities (including uplands and wetlands) along the creek quantitative and qualitative (degree of disturbance) evaluation of each corilmunity e, potential o: actual (observed, nests, etc.) occua�rei�ce of threatened and/or endangered species � � e. unique features (sinkhol�s, etc.) faunal communities (metl�od to be determined) 7 � f. observed wildlife species g. wetland boundary (estimated) 2.3.2 Natural Resources Evaluation of natural resources will begin with analysis of such information on high resolution vertical aerial photographs, National wetland inventory rnaps, and the Soil Survey of Pinellas County. Vegetative c�nununities will be marked on the maps, using the preIiminary mapping as a guide, and each upland and wetfand community will be assigned a numerical designation and visited to record ecological status, e.g., degree of disturbance, exotic invasion, potential or actual occurrence of threatened or endangered w�ildlife and plant species (observed, nests, etc.), other wildlife species _present, and any observable unique features such as specimen trees. All observations for each nurnbered community will be recorded on a"Habitat Inventory" form. suitable for input to the GIS for the basin and should include faunal communities. Boundaries of the vegetative communities, including wetland boundaries, will be approximated based on aerial photos and qualitative field verification. Forrnal wetland boundaries will not be surveyed except as it becornes critical in the development of the coneeptual design of the PROJECT(s). Vegetaiive cornmunities will be classified in conformance �vith the Florida Larzd Use Cover and Forrns Classification System (FDOT, 1985). Based on existing conditions of the nah�ral resources, a set of criteria that will define existing levels of service will be deterrnined. These criteria wil l describe aspects of the biological resources that range from undesirable to desirable, considering the land uses of the watershed. CONSULTAIvT to determine field sarnpling methods for macrohabitats. Method to be approved by PROJECT REPRESENTATIVES. 2.3.3 Water Quality Analysis The CONSULTANT sha11 evaluate existing water quality, flow and loading data and make recommendations for additional rnonitoring that Fnay be required to adequately determine sources of pollution, and pollutant load "hot spots" in the watershed. In addition to supplementing existing water quality rnonitoring programs, a sediment quality rnonitoring program is also proposed. A preliminary survey of the sediment types within the creeks and lakes of the Alligator Creek Basin will be done to identify locations of potential monitoring sites. The need to conduct water quality sampling during storm events will be evaluated and recornmendations provided to the PROJECT REPRESENTATIVLS. The CONSULTANT shall assess impacts of the potential solutions on average annual pollutant loadings. The CONStJLTANT shall utilize existing and ongoing water qualir,� studies to identify specific «�ater quality problems ihat can be targeted for remedial 8 action. Pollutant loading ratcs for specific land uses and pollutant removal efficienr,ies for typic�il storm`vater treatment systems and noi�structtiral sl�all be considered in the assessment. Average anr�ual pollutant loadings shall be calculat�d for futwe land use in the basin. Ca(culations shall take into account pollutant rcrnoval efficiencies �f storniwater treatment facilities required for new developments under current stornlwater treatment regulations. The CONSULTANT shall rnake recommendations for ongoing monitoring to demonstrate improvements to water qtiality and other ecol�gical considerations brought about by implementation of the recommended Progr�m and PROJECT(S). A seasonal water quality sampling prograrn will be underiaken to supplement existing water quality monitoring data. Additionally, a sediment quality sarnpling program is also proposed. Because sediment and water quality parameters are inter-related, ihe simultaneous collection of «�ater and sedirnent samples will allow for a more accurate int�rpretation of the existing conditions �viti�in the watershed. Historical data for the watershed and data from other sources will then be utilized to further support analysis of conditions in the �vatershed. Based on the preliminary data review and site investigation performed for the preposal preparation, approximately eight surface water and sediment quality monitoring stations will be needed to provide adequate coverage of the Alligator Creek basin far the purpose of the Watershed Management Plan. The specific Iocations �vill be selected based on environment type(i.e., creeks, man-made ditches, and ]akes), sunounding land use (i.e., areas with both high and low pollutant loading potential), and sediment deposition within the watershed. Recomrnended locations for monitoring sites will be presented following the completion of historical data review and insgection of the study area. ' Water quality sampling vvill be conducted seasonally to cover two flow regimes: primary wet season and dry season. Parametric coverage will include aluminum, arsenic, cadmium, copper, chromium, iron, lead, mercury, silver, zine, hardness, biochemical oxygen demand, total nitrogen, ammonia, nitrate, nitrite, organic nitrogen, total phosphorus, orthophosphate, total suspended solids, oil and grease, �hlorophyll-a (lakes only), coliforms (fecal c. and fecal strep.), dissolved oxygen, pH, temperatwe, conductivity, chlorides and pesticides (organochlorine and organophosphorus series). Sediment sampling will be done once in eonjunction �3rith a water quality monitoring event. Sediment grab samples will be collected at each monit�ring site and analyzed for the following parameters: aluminum, arsenic, cadmium, copper, c�uomium, iron, lead, mercury, silver, zinc, grain size, �sticides (organochlorine and organophosphate series), PAH's (polyaromatic hydrocarbons), PCB's (polychlorinated biphenyls). Analytical methods shall be subject to the approval of the CITY. � 2.3.4 Land Use Inventory Inventory exisiing land �ases and proposed land uses for the year 2010 as shown on pertinent land use gtans for use in developing ciata for the stormwater model. Summarize existing land use plans and policies developed by Clearwater, Safety Harbor, Pinellas County, and regional planning agencies to gauge fi�ture development potential. 2.3.5 . Survey, Geologic, and Topographic Base Data Ma.�imum use will be made of data found in existing studies once verified. All surveying shall be performed under the direction and control of a Florida Registered Professional Land Surveyor. The CONSULTANT shall provide surveying as follows: a. Topographieal survey services necessary for determining water surfaee profiles, aerial extent of e:�isting flooding and of design storrns and conceptual design of channel improvernents and related drainage structures, including starrnwater treatment facilities related to the MAIVAGEMENT PLAN. b. The CONSULTANT shall record survey data in acceptable field books with copies of alI survey notes delivered to the CITY upon cornpletion of all surveying. e. The C�NSULTANT may eie�ct to use data collectors and magnetie files in place of written notes or a combination of the two. If so, the CONSULTANT shall provide a copy of the information in digital form. d. The CONSULTANT may elect to use rectiFed aerial photography or other aerial photographic methods, subject to approval by the CI'l�Y, as part of the topographic survey requuements. The use of photography does not relieve the CONSLJLTANT from field locating any topographic features that may be obscured frorn the image. e. The CONSULTANT sha]1 be responsible for any additional land survey such as stream cross-sections, horizontal and vertieal control and other tasks that rnay be required to meet the considerations of the MANAGEMENT PLAN. . f. The CONSULTANT shall provide on 1" eqLals 200' aerial maps: 1. Main basin boundaries 2. Sub-basin boundaries 3. Sub-basin number (from model) 4. Node and reach number (from model) 5. Stream channel cross-section location and nurnber and centerline stationing along each of the main channels. � 6. Proposed channct irnprovement locations 7. Existing char►nel right-of-way and right-of way width needed for any pr�posed improvements 8. Storage areas 9. Structure numbers 10. 25 and 1(l0 year frequency, 24 hour duration storm flood boundazy �'or existing land �ase conditions and for proposed irnprovements with known future developm,;nts. 11. All elevations shall be NGVD g. The COI�ISULTANT shall also provide flood profiles for the storrns and conditions previously specified showing all drainage structwes located within the Alligator Creek flowway. The CONSULTANT shall identify Iocations, sizes, dimensions with invert elevations for drainage structures, in the existing and proposed conditions. This inforrnation shall be provided on 24 by 36 inch drawings and shall include the follewing: 1. Establish baseline of survey utilizing existing control points and newly established positions by GPS and/or conventional surveying procedures. 2. Establish vertical controls via published benchmarks. 3. Obtain cross sections on the main channel(s) of Alligator Creek and the main tributaries at approximately 500' intervals. 4. Obtain cross section and/or profile of all intersecting cross ditches, swales, canals, etc., as instructed ;n the field. 5. Locace horizontally and ve,-tically all structures within Alligator Creek and main tributaries. Stn:ctures include storrn sewers, flood control structures, bridges, exposed utility crossings, etc. 6. Right-of-way services shall include obtaining existing property appraisal raaps, subdivision plats, etc., and preparing a composite dra�ring sho�ving the existing right-of-ways and easements. 7 AIl data to be supplied in digital forrnat for GIS. The CONSULTA..NT shall provide mylar deliverables of aerial maps and flood profiles as described. All drawings shall be signed and sealed by an engineer registered in the State of Florida. 2.3.6 • Geographic lnfam�ation System (GIS) I�atabase The MANAGEMENT PLAN shall include GIS representations, if applicable, in ArcInfo forn�at detailing: 11 a. water quality b. habitat identification c, stream conditions (erosion, hardening, sedimentation) d, survey data (topography, channel cross sections, structure elevations, ete.) e, basin characteristics (SCS soil types, impervious surface area) f, tand us� and cover type inforrnation for existing and future conditions g. areas of conceptual improvement h. areas to purchase property i, areas to construct water quality Veatment and flood attenuation ponds j. areas to construct charuiel improvements and drainage structure replacements k, areas for planting and other ecological restorations 1. other areas as applicable to support the MANAGEMENT PLAN: rn. 2S, and 100 Year water surface profiles for existing land use conditions and for proposed improvernents with known future �evelopments. n. 25 and 100 Year flood plain boundaries as above, superimposed on 1"=200' aerial photographs The CONSULTANT shall provide a user's manual and disc, and instruction su�cient to enable the CITY and PROJECT REPRESENTATIVES to read, manipulate a.nd edit the data set. 1�e CONSULTANT shall provide hands-on training sessions (a total of 16 hours} at the completion oi the project on the use of the delivered product data sets. These training sessions will be formaried on the assurnption that the attendees have a working knowledge of ARC/Info. The CONSULTANT shall use the MAPPING AND GEOGRAPHIC INFORMATION SYSTEM, STANDARDS AND COIVVENTIONS, FINAL REPORT July 23, 1993 prepared by the `Water Management Districts in the development of ihe GIS. G1S linlcage shall be provided for those aspects required to feed the watershed modeling. 2.4 WATERSHED MODELING (COMPUTER MODELING) � The objective of this task is to sirnulate existing conditions in the WATERSHED to pro��ide ba.seline data for evaluating the e�isting storm water management facilities in addition to evaltiating the effectiv�ness of proposed improvements on both water quantity and quality. The use of a linked watershed/waterbody model shall integrate liydrologic, hyciraulic and water quality features of the WATERSHED. l2 2.4.1 The CONSULTANT shall consider the applicability of using Sti�'MM and WASP models for this task. The CONSULTANT will preparc a report summarizing t��e justification and rationale behind the selection of the model(s). The CC�:�ISULTANT shall subrnit recommendations of the preferred software to the CITY and PROJECT REPRESENT�TI�lES for approval. The basic model configuration to be used for the Alligator Creek Comprehensive ��Vatershed Management Plan will consists of tvvo main areas of analysis, watershed and waierbody mode�ing. It is anticipatcd that the SWFWMD Linked Watershed/Waterbody Model will be used as t��e basis for this application. However, modifications will be made to the existing model to account for the integration of the SWMM EXTR.AN Block. 2.4.2 The EXTR.AN model vvill be used to analyze the processes associated with flood control. The system will include the development of the n�noff hydrographs and the routing of the hydrogr�phs through the Creek and the stormwater conveyance structures. The applicable Levels of Service for flood control will be to maintain the runoff generated by the 25-year, 24-hour storm within the drainage system and that nu structural flooding (ie. humes and businesses) would occw under the 100-}�ear, 24-hour storm runoff conditions. Therefore, the stornis to be modeled will include ihe 25-year and 100-year frequency, 24-hour duration storms. The flood control/water quality model will be calibrated and verified using the USGS data It v��ill be the CITY'S responsibility to provide the necessary data to conduct this work effort. Currently, flow and stage data are available ai two sampling stations. Also, concurrently with this project, the USGS will initiate a water quality/water quantity data collection program at three stations along the creek. Calibration/verification will conducted using data from a minimum of ri�o stations. Comparisons of predicted and observed data ��rill be rninimized. Error analysis w�ill be conducted to estimate the madel accuracy. 2.4.3 Modeling will be accomplished for existing land conditions using the Florida Land tJse and Land Classification System (FLUCCS) and for propose�i improvements with known future developments. The CONSULTANT will use a GIS approach by which the land use data will be integrated with the hydrologic/hydraulic and water quality data in an ArcInfo format. A hydrodynamic/waterbody model will be used to assess existing and future water quality conditions in the watershed. Eutrophication modeling using WASP will be • applied to the area of the main channel from east of Belcher Road to the Alligator Lake weir. The hydrodynai�lic model «�ill be applied first to predict transport through the system. It is anticipated that ��ater quality siil�ulations «-ill be conducted assuming a "simple eutrophication" level of con�plexity assuming a constant phytoplankton coitcentration. Additionally, separate full eutrophication analysis will be made for r�ltigator La.ke and Lake Chautauqua. Water quality e��aluations will be conducted 13 tl�rou�hout t}le watcrshcd based on pollutant loads devcloped frorn land use and other information. The water quality analysis will encompass two types of simulations: single event and contiiiuous 365-day simulations. Ti�e single event simulations will include modeling of a typical frequent storm in the watershed to be identified through a rainfall pattern analysis. The rainfall voiume for this storm is expected to be between one half and one inch. The long-terrn simulation will provide a 365, daily continuous simulation based on actual col�ected rainfall with dry season and wet season pollutant loadings. This simulation will be conducted assuming a typical annual rainfall �attern, also to idendfied from the rainfall analysis. . � The model will be calibrated using a representative subset of the available water quality data. The USGS data will be used to the extent possible. The CITY will be responsible to provide the calibration/verification data. The calibration will define site specifie parameters and kinetic constants appropriate %r the prediction of water quality. The final values of all parameters and coefficients will be evaluated to insure that they are within reasonable ranges, as compared to values in the literature or based on studies of similar systems. Where possible, the calibration d�ta set will cover a broad range of environmental conditions, such as wet and dry seasons since the relative importance of different kinetic processes may vary. In the case «rhere a reasonable calibration can not be obtained (as jointly detennined by the technical team, the CITY and the project representatives), possible causal factors will be identified and recommendations made either to further refine the model or to obtain additional data to further define the problem. Where data are not available for adequate calibration, critical parameters will be identified and subjected to sens;tivity analyses to deiermine the impact of their uncertainty on model predictions. Similar to the flood control model, once the initial application is complete, the waterbody model will be verified against one or more additionai (independent) subsets of the available data and a skill test performed to document the accuracy and precision of model predictions. The evaluation of the results of the model validation will include a limited skill or enor analysis to estimate the model's accuracy. Model accuracy will be assessed thraugh graphical and statistical comparisons of model predictions to field data. At a minimum, a least square analysis will be performed cornparing predicted and observed constituent concentrations and associated coefficients of determination (r2) will be used to assess model skill. A sensitivity analysis will also be conducted at tlus st�ge to estimate analysis will also be conducted at this stage to estimate the impact of uncertainties on model predictions. 2.4.4 The CONSULT�NT shall provide a narrative and disc for the modeling effort and provide documentation of all raw data used in deterniining input values. Documentation of tliis work effort shall include, bui not be limited to, the gra�liical and tabular 14 prescntation of all calibration comparisons and description of the design storrn proceSs along with tabular descriptions of modeling input and output, including raies, coe�cients, peak flows and stages. The CONSULTANT will prepare an interirn report describing the rnodeling effort and provide docurnentation of all raw data used in deterrnining input va]ues. The values selected foc the models will be reported along with comparisons of predicted and observed data for the calibration period(s). Discrepaneies between rnodel predictions and measured data will be evaluated. 2.4.5 Upon completion of the model application, tbe project tearn will provide training (40 hours of hands-on training) ia the use of the various model components. Components of the workshop are expected to include: - A brief overview of model(s) theory � SWIM-RUNQFF, TRANSPORT, RAIN, EXTRAN • RiVMOD, DYNHYD, others • An overview of rnodel linkages • Lat�eral inflow • NPS loads • Hydrodynamics • A description of modeling assumptions � An overview of modeling assumptions • Examples of rnodel(s) results • Hands-on training Training will be coordinated with the CITY upon completion of the watershed modeiing effort. 2.5 IDENTIFICATION OF PROBLEMS AND POTENTIAL SOLUTIONS 2.5.1 Evaluate Existing Conditions Evaluate Existing Conditions. The methods to be used for this task will include field studies, data analysis, and computer model sirnulations. The data analysis will 15 include the approved Level of Service criteria to identify those areas where the existing system does not provide an acceptable Level of Service. Evaluation of existing conditions will be based on the surface water profiles developed under Section 2.4. Sp�cific criteria used to determine an acceptabte Level of Service for water quality and natural resources documented in Section 2.2 and 2.3 will be submitted to the CITY for approval. In addition, a review of the cities' and county complaint files ��ill be conducted. 2.5.2 Evaluate Future Conditions 2.5.3 2.5.4 Evaluate the LeveI of Service with known future development conditions to identify those areas where the existing system is not expected ta provide an acceptable Level of SeNice. Develop and Evaluate Potential Solutions After compiling and evaluating the data documented in Section 2.2, the CONSUI,TANT shall begin the development of potential solutions to address conditions in the WATERSHED that do not meet an acceptable Level of Service. The identification of these potential solutions will take into account existing as well as ftiture watershed development conditions. Potential solutions shall include but not be limited to the following: a. b. c. d. e. f. g• h. i. j. k. l. m. floodplain, water quality and water quantity regulations base flow management anc� restoration wetland restoration, enhancement, and creation conservation and restoration of natwal waterways vegetated buffers along stream corridors and riparian areas lined and unlined channels selected or limited structwe improvements regional detentioa and retention facilities groundwater rccharge . non-structural improvements and methods, including source reductior_ programs multi-use facilities proposed revisions to designated land use or zoning � miivmization of mitigation to that absolutely necessary to construction In the devclopment of the MANAGL'-MEN f PLAI�t, the following concerns shall be 16 n addresscd in the forrnulation of the fin�l recommendations. Noi all areas of concern may require improvements, hut should be addressed. a. Acceptable pollutant and nutrient loads b. Use of pesticides c. Use of fertilizers d. Discharge of automobile waste . e. Hazardous waste and petroIeum coniaminated properties f. Environrnental Educational and Awareness levels g. Drainage areas in need of treatment by either regional or local systems h. Improper disposal of yard wastes and other trash i. _ Managernent of aquatic vegetation j. Local weed or insect control programs k. Erosion control and the reduction of sediment transp�rt 1. Street cleaning m. Creek and ditch mowing m. Reclairned water use n. Illicit discharges into the sewers, surface waters or groundwater o. Land Use ; p. Retrofit opportunities i � q. Habitat identification, flora and fauna � r. Wildlife needs and habitat restoration � � s. Exotic plant control ; � t. Vegetated wildlife corridors and buffers � � � u. Septic tanks ' , v. Maintenance of existing retention systems w. Historic and current landfills x. Polluted stream sediments ' y. Atmospheric depositio� z Residence time of stream pollutants aa. Channelization of streams bb. Impact of power boats on turbidity, nutrient resuspension, erosion, vegetation, wildlife, ete. 17 .�. ,.. A.r� important consideration of this project w�ill beach achievement of the Pollution Load Reduction Goals (PLRGs) being established for Tarnpa Bay per State Water Policy Chapter 62-40.432 FAC. 2.6 EVALUATION OF POTENTIAL SOLUTIONS 2,6,1 Once Lhe target conditions and associated L4S in the watershed are agreed upon, the potential solutions will be evaluated arid prioritized based on pre-established evaluation criteria The CONSULTANT shall develop a method to prioritize the potentia] solutions which shall, in addition to criteria delineated in 2.3.5 include assessment of: a. Drainage problems (erosion, sedimentation) b. Flooding (frequency: 25, 100 yr, severity: streets, yards, homes) c. Water quality (measurable and cost-effective improvemenis) d. Natural resource impacts (enhancement or loss) e. Need to ensure Public safety and welfare f. Recreational benefits g. Water supply potential h. Construction costs i. Dollar estimate of benefits j. Requirements for right-of-way and costs k. Operation and maintenance and costs l. Permitability m. Public acceptance n. Economic support � 2.6.2 Preliminary Report a. The information arnassed thus far will be subrnitted in a Prel'uninary Report. The submittal of the findings and conclusions shall include a matrix which shows, at a mirumurn, ihe relationship of each potential solution in terms of criteria Iisted in 2.5.1. The intent of the matrix is to support the narrative, by giving rationale for selecting a particular solution in an easy to understand format. The CONSULTANT shall develop the written evaluation including schematic plans and cost estimates for construction and l�..nd acquisition that will be supportive of viable solutions being - subrnitted to the CITY and PROJECT REPRESENTATIVES f�r consideration as improvements to meet the needs of the MANAGEMEN�' PLAN, 18 � b. Following revicw by the CITY, and other PROJECT REPR�SENTATIVES, the CONSULTANT will refine the Prcliminary Report. Information gathered will be updated to reflect at�y chai�ges. Subsequent to this review, tlie CONSULTANT shall schedule meetin�s �vith Environmental pemlitting agencies having jurisdictional authority, for the purpose of acquiring cornrnents for each potential solution. PR03ECT REPRESENTATIVES shall accompany the CONSULTANT on meetings with other agencies. The CONSULTANT shall develop a recommended combination o� potential solutions for further evaluation as the recommended Program based on input frorn PROTECT IZEPRESENTATIVES and the permitting agencies. 2.6.3 Draft Final Report a. Identify a recommended Prograrn based on the combination of the various potential solutions developed in Se�tions 2.5.1 and 2.5.2. b. Model the Program to determine effect upon water quality and flood control. c. Evaluate the Program based on criteria and method developed in 2.5.1. d. Submit draft final report on the above with the CONSULTANT's recommended final Program e. With input from PROJECT REPRESENTATIVES the CONSULTANT shall select the final Program subject to approval by the C1TY, and other PROJECT REPRESENTATIVES. f. The CONSLTLTANT shall prepare concepriial plans for the top (3) ranked projects t� demonstrate the permit and construction feasibility, and cost effectiveness of each project. 2.6.4 Final Report a. Prepare final modeling of selected "Program." b. The Final Report (�v[ANAGEMENT PLAN} shall include development of a method to prioritize projects based primarily upon the potentiat effectiveness of reducing pollutant loads, flooding conditions, and other drainage problems and secondarily on the potential for increasing natural habitat, and the availability of public-owned property on which to construct the improvements. The Final Report shall also prioritize the top three projects for implementation based on the method developed. 2.7 REGULATORY AGENCY REVIEW 2.7.1 In order to deterrnine pennitability and develop rneaningful comrnents from permit and permit review agelicies, the CONSULTANT sl�all seek co�ivnents from permitting agencies having jurisdiction over ttie WATERSI-�ED area forthe recommended Program, identified during the dedelopment of the Draft Final Rcpart, Section 2.6.3. These comments will be used f�r development of the final seiected Program. The � CONSULTI�NT shall schedule rneetings with the various agencies and shall give adequate notice to the CITY of each meeting scheduled so that CITY and other PROJ�CT REPRL'SF_NTATIVES can be in attendance. Subsequent to obtaining affinnative conunents for the selected Program, the CONStTLTANT shall proceed with development of the Final Report. 2.7.2 Perrnitting agencies having jurisdiction rnay include, but are not limited to, the Florida Departrnent of Environrnental Protection, U.S. Army Corps of Engineers, Southwest Florida Water Management District, Florida Game and Fresh Water Tish Comrnission, U.S. Fish and Wildlife Services, U.S. Environmental Protection Agency. Review agencies may inctude the Tampa Bay National Estuary Prograrr�, and the Tampa Bay Regional Planning Council. 2.7.3 The COI�ISULTA.NT shall make revisions to the MANAGEIVI�NT PLAN (Final Report} as needed to include comments from the permitting agencies. 2.8 PRESENTATIONS, PUBLIC MEETTNGS AND TECHNICAL LIAISON The CONSULTANT sl�all keep accurate minutes of all mectings and distribute copies to all partic�pants, within seven (7) calendar days after the meetings. 1�e meetings shall be set up through the CITY and PROJECT REPRESENTATIVES shall attend. The CONSULTANT shall coordinate with the CITY and prepare the necessary' agenda for each meeting to be held. Agenda sha11 be submitted to the CITY at least five (5) days prior to any scheduled meeting. All display material shall be developed and prepared by the CONSULTANT. 2.8.1 Prior to the cornrnencernent of MANAGEMENT PLAN activities, the CITY will conduct with the CONSiJLTANT one project initiation conference for the purpose of discussing issues relative to the MANAGEMENT PLAN and submittal schedules and to convey to the CONSULTANT such items provided for under Section 2.1 as may be � required and available at that time. 2.8.2 The CONSULTANT shall be required to participate in a regularly scheduled monthly Status or Progress Meeting during MANAGEMENT PLAN development. It is anticipated that PR�JECT REPRESENTATIVES will attend the project initiation - conference and the monthly status review meetings. 2.8.3 The CONSULTANT shall make a total of three presentatians to the CITY and PROJECT REPRESENTATIVES for the recommeoded Program identified in Section 2.6.3 and at any point in the MANAGEMENT PLAN development as requested by the Dire :tor of Environmental Management. 2.8.4 The CONSULTANT shall be required to conduct, «zth assistance from the CITY and at a location to be provided by the• C1TY, all pre-permit application meetings and two public information n�eetings conceming the recommended and selected Program. The meeting will have an extended forn�at allowing casual p��blic review and comment over � 0 a period af tlVee to four hours at a public location to be provided by the CITY. The purpose of the rneetings is to inform the public of the recomrnended and selected Program as well as gakher public input. 2.8.5 Public Information Meeting Requirernents These meetings are to be advertised and conducted as an information meeting. The COI�ISULTANT shall conduet the meetings and prepare al] necessary adveriisements, notices, displays, maps, scripts, etc. The CITY and PROJECT REPRESENTATIVES will assist the CONSULTANT in conducting the rneetings. The CONSULTANT may be required to activety participate in a portion of the presentation as follows: a. All presentations (script and graphics), rnedia releases, legal and display advertisernents, and generai (rnass) property owner letters will be prepared, published and distributed by the CONSULTANT as authorized by the CITY, after approval by the other PROJECT REPRESENTATIVES. b, Display Adveriisements. A black and white, quarter page display advertisement announcing the meeting shall be prepared by the consultant and subrnitted to the CITY for approval. The consultant will publish the advertisement in the area newspaper(s) having the largest daily circulation. . c. News releases shall be prepared by the CONSLILT.ANT and subrnitted to the CIT`Y for approval prior to publication by the CONSULTANT. d. A I�iemorandum with location shall be pre�ared and sent to the CITY Project Manager for submission to the CITY Public Information Department for distribution. ' e. The meeting format shall be developed by ihe CONSULTANT and approved by the CITY. f. Prepare displays or wall graphics for use during the meeting. These rnay include typical sectioRS, aerial photographs, renderings, charis, and graphs, as needed. g. Prepare the script for a formal tape recorded presentation, if used, to include synchronization with 35nun color slides (at CONSULTANT's option). h. Prepare camera-ready graphics to be used with a formal presentation (if this technique is used, it will be at CONSULTANTs option). i. A briefing by the CONSULTANT of staff and CITY and PROJECT RF,PRESENTATIVE(s} who will participate in the Public lnformation Meeting shall be held at least five (S) working days prior to the Public Information Meeting. The briefing shall be combined vvith a monthly progress r��eeting. The purpose of tl�e briefing is to insure that the staff and Project Representatives are familiar «�ith and up-to-date on the proposed MANAGEMENT PLAN. The briefing will also provide opportunity to review the proposed Public Information Meeting format and all visual disp(ay a.l�d presentation items prior to the meeting, therefore, 21 � allo�ving timc; for any required revision to these items. j. Following the comptction of each Public Infoi-mation Meeting, an in-house meeting with the CITY and PROJECT REPRESENTATIVES will be scheduled by the CONStILTANT to address public input. The CONSULTANT will review the public information gathered and prepare his recommendations regarding any viable public comments that may improve the MANAGEMENT PLAN. 2.8.6 The CONStJLTANT shall be required to make a presentation to the CITY Commissioner, in conjunction with the Draft Report. AlI display material sha11 be developed and prepared by the consultant. 2.8.7 The CONSULTANT shall be required to make three (3) additional presentations, one (1) each to the City of Safety Harbor and Pinellas County Commissions and the Southwest Florida Water Management District, Pinellas-Anclote Basin Board. All display material shall be developed and prepared by the CONSULTANT. 2.8.8 With written authorization, any one of t�le above meetings may be substituted for another meeting in the Tampa Bay area without added cost to the CITY. If the total public meetings and presentations as identified in this Agreement are exceeded, compensation may be provided in accordance �vith Section 7 of this Agreement. . S a •�TION 3 SU�MITTALS 3.1 SUBMITTAL REQUIREMENTS (GENERAL) Each submittal called for below shall be delivered with a transmittal letter signed by the CONSULTANTs Project Manager stating that the submittal package is complete, and all pertinent calculations and details have been checked for accuracy and comgletion. Checks will be performed by the C1TY to confirm that t�ie submittal is complete. Incomplete submittals shall be returned to the CONSULTANT. All engineering documents must be signed and sealed by a Professional Engineer registered in the State of Florida. 3.1.1 Iavoicing from the COi�SULTANT and payment by the CITY shall be directly correlated to submittal progress. 3.1.2 � The CITY in no way obligates itself to check ihe CONSLJLTANTs work and further is not responsible for maintaining ;�roject schedules. 3.1.3 The actual acceptance by the CITY ofany submittal, or the final acceptance by the CITY of the MANAGEMENT PLAN documents and reports provided for in this Agreement, shall neither constitute nor imply any review or approval by the CITY of the services 22 ., performed by the CONSULTANT ur�der the provisions of this Agreement, but shall indicate only the CITY's acceptance of tl�e CONSULTANT's affirmation of compliance ��ith the provisions and intent of this A�reernent. 3.1.4 By executing ihis Agrc�ernent the CONSULTANT accepts the responsibility and obligation to correct, to the satisfaction of the CITY Engineer and Direetor of Environmental Ma.nagement, and at no additional cost to the CITY, any and all deficiencies in the preparation of the reports for this M�NAGEMENT PLAN resulting from errors or omissions at such time and whenever the deficiencies may become known. Final acceptance by the CITY of the MANAGEMENT PLAN reports and contract documents provided for in this Agreement shall not relieve the CONSULTANT of cornpliance vvith the intent of this Agreement to provide the CITY with documents that are complete in every respect. 3.2 SUBMITTAI, REQUIREMENTS (MANAGEMENT PLAI� Prior to the pre-co�unencement meeting, the CONSUI.TANT shall prepare a submittal schedule for the MANAGEMENT PLAN for review and approval by the CITY and PROJECT REPRESENTATIVES. 3.2.1 MANAGEMENT PLAN (Preliminary Report) - The Preliminary Report shall summarize the data gathered and existing watershed conditions; then tabulate potential solutions to problems in the watershed, concepts for future development of the watershed, best management practices for all categones of management, wildlife habitat irnprovement, invasive species rernoval and establishment of floodplains and upland buffers. `I11e CONSULTANT shall utilize data provided by ongaing studies by Pinellas County and Cities. The CONSULTANT shall develop recommendations for levels of service, or targets far red�ction of pollutant loadings within given time frames. CI �'Y and PROJECT REPRESEN"I'ATIVES ��i.11 review the Preliminary Report and return written comments to the CONSULTANT within 30 days, at which time ih� CONSULTANT shall continue pr�paring the Draft Final Report in accordance with Section 2.6.3. 3.2.2 MANAGEMENT PLAN (Draft Final Report) - The consultant shall refine the evaluation matrices described in Section 2.5 and develop computer models. The Draft Report shall include, water surface profiles and aerial extent of existing flooding and of design storms, recommendations for specific projects (structure sizes and channel cross- sections), schedules for implementation, priority listing for proposed construction. and performance criteria. PROJECT REPRESENTATIVES v�ill review the Draft Final Report and return written cornrnents to the CONSULTANT within 30 days. The • CONSULTANT shall refine the recornmended Program of I3raft Final Report with input frorn the PROJECT REPRESENTATIVES and perrnitting and review agenci�s to develop a selected Program for the Final Report, or MANAGEMENT PLAN. 3.2.3 MANAG�MENT PLAN (Final Repor�) - The 1� ir al Report is the culmination of all data gathering, Program selection and planning efforts for the Comprehensive Watershed 23 Management Flan. It cornbines the elernents of the Pretiminary and Dzaft Fi.nal Report into a comprehensive Program for the watershed. 3.2.4 The CONSULTANT shall deliver fi#�een (15) copies of the Prelirninary Report, Draft Final Report, and Final Report to the C1TY. SECTIfJN 4 IMPLEMENTATION The Implementation Phase of the project, if a determination is rnade to proceed, will include the final design and permitting of the top three prioritized PROJECTS recornrnended in the MANAGEMENT PLAN. Compensation to the CONSULTANT for ihese ADDITIONA.L SERVICES may be negotiated as an amendment to this Agreement in accordance with Section 7.0. SECTiON 5 SERVICES TO BE PROVI�DED BY THE CITY The CITY shall provide the following for the CONSULTANT's use and guidance: S.l Copies of all exisijn� drainage studies and plans, computer ir.forn�.ation, existing maps, e�tisting aerial photographs, as built construction pla�ns and other available information and data pertinent to the WATERSHED PLAN which the CITY and PROJECT REPRESENTATIVES may have in their p�ssession. 5.2 Copies of CITY and other PROJECT REPRESENTATIVE Comprehensive Plans 5.3 Make ava.ilable existing developmentfsite plans pertinent to the WA�'ERSHED PLAN on record with the CITY. 5.4 Copies of Pinellas County, Clearwater and Safety Harbor Stormwater Atlas Maps and/or Stormwater Management Plans.. 5.5 Reproducible of any standard drawings applicable to the MANAGEMENT PLAN. 5.6 Water quality data generated by the CITY and Pinellas County including USGS data to be used for calibration and verification. 24 SECTION 6 PROGRESS REPORTS 6.1 Subsequent to receipt of the "NOTICE TO PRC�CEED," and prior to submittal of the first invoice for fecs earned, the CONSULTANT shall submit for the CITY's approval a schedule showing the cornpletion dates for the various work items and milestones comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement under Section 2, the weight of each work item in proportion to the total work effort, and the portion of the total IIASIC FEE assigned to each wark item. 6.2 The CONSULTANT shall submit to the CITY, no later than the tenth day of each month, a progress report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding rnonth. The report shall show all work items, the percentage complete of each itern, the percentage of total work effort represented by each item, and the percentage of total work effort completed. 6.3 All progress reports and invoices shall be mailed to the attention of ihe CITY'� Project Manager, Environmental Management, City of Clearvv�ter, P.O. Box 4748, Clean�ater, Florida 34618. � SECTION 7 C�MPENSATION TO THE C4NSULTANT 7.1 The CONSULT,ANT shall be compensated for all services rendered under this Agreement in aecordance with the provisions of Schedule 2. 7.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement, the CITY agrees �o pay the CONStILTANT fee of $496,964 which amount shall constitute the tor�al BASIC FEE, The BASIC FEE shall be the total and complete amount payable to the consultant for the performance of the BASIC SERVICES, and shall include the cost of all materials, equipment, supplies and out-of-pockct expenses incurred in the performance of the BASIC SERVICES. In �he event that this Agreement is terminated under the provisions of this contract the totai and complete compensation due the consultant shall be as established by the CITY based on its determination of the percentage of Basic Services work effort completed to date of ternvnation. 7.3 Contingency Services - When authorized in �u:�iting by the C1TY, the CONSULTANT shall 25 fwnish serviees such as revisions to schematic �lans, adciitional surveying, and water quality rnonitoring that may result frurn the dcsires of affcctcd property owners, or utility owners, or frorn othcr unforeseen circumstance cesulting in rninur changes in the MANAGEMENT PLF�.N scope. Contingency services could also include, but not be limited to, environrnentaUcontarninat�on asscssments and various survey services as required. The CITY agrecs to pay the CONS'�JI..,TAIVT, a ncgotiatcd fee based on the work to be performed under contingency services, t�p to an amount not to exceed ten percent of the BASIC FEE.. 7.4 Additional Services -�'Jhen appruved as an arnendmcnt to this Agreement, and authorized in writing by the CITY, the CONSULTANT shall providc such additional serv�ces as may become necessary because of chaiiges in the services delineated in Section 2. Additional services may also incli�de but are not limitcd to the following: The preparation of design and construction plans, permit applications, and specifications for the t�p three prioritized PROJECT(s) as delincated in the Planning Phase of the MANAGEMENT PLAN. An expanded analysis and reporis/plans needed as a result of project investigations. Provide as-built drawings/record dra��ings of the PROJECT(s). The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be perforrned under additional services. SECTION 8 SCHEDIJLE OF PAYMENTS The CITY shall make monthly payments to the CONSULTANT in accordance with the following terms: 8.1 The C4NSVLTANT shall submit, with each of the rnonthly progress reports provided for under Section 6.?,, three (3) copies of an invoice for fees for work accomplished. The invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to the percentage of the total BAS1C SCRVICES work effort completed as reflected by the progress report. 8.2 For the work cf�'ort perforrned toward't��e MANAGEMENT PLAN described in Section 2, the total amount invoicecl for fees earned shall not exceed seventy percent (70%) of the total BASIC FLE until the Preliminary Report submittal has been received and approved by the 26 PROJEC"I' R1�1'FtI;S(:N'I'A'I'1WI;S anci shall not e�ccced eighty percent (80%) of the total BASIC I� I:E until thc I�raft Rcport subrnittal has been received and approved by the PROJEC;T RI:PR(:SI�N"1'�1'1'IVI:S and shall not equal or exceed ninety percent (90%) of the total RASIC I� rr.-, �p�>> �nc w�`I'FRSI iED I'I,�N (rinal Report) has been received and ar.ccpicd in �Uritin� by thc I'ROJEG'!' ItI;PR.I:SI:NTATIVES. The remaining ten percent (10%) is ciuc to thc CUNSUi."I'AN'1' u�c�n ��proval by the PROJECT REPRESENTATIVES of thc I� inal Rcport. 8.3 Invcices not �ro�rly prcrancf (rn�►thc;i»atic��l crrors. billing not reflecting actual work done, no si�n�iturc, cic.) shail hc rcturncc� to thc CONSUI,TANT for correction. 51�,C'I'IUN 9 1'l�,lZtt�l) UI� S1�,RVICE 9.1 'l�e CnNSU1,"I'i1N'I' ��ill bcbin work J�rotnptly af�er reccipt of a fully executed copy of this Agrcem`nt; such rcccipt sh�:ll coi�stitute written notice to proceed, 9.2 If the CONSUI.`1��1N'I''s dcsign services called fur under this Agreement are delayed for reasons beyond the CUNSUL"1'AN'rs co�ltrol, the tiai�e of p�rformance shall be adjusted appropriately. If the desi�n services under tl�is agreement continue for a period af more than two (2) years from the begillning date (as above provided), the fees contained in Schedule 2 shall be subjcct to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. SECTION 10 INSU1�:�1NCE REQU�REMEN'TS 10.1 Workers Compensation and Employers Liability - The CONSULTANT shall procure and maintain, for the life of this Agreement. Workers Compensation Insurance covering all emp]oyees with limits meeting all applicable State and Federal laws. This coverage shall include Employers Liability with limits meeting all applicable State and Federal laws. 10.2 General I.iability - The CONSULTANT shall procure and maintain, for the life of this Agrcement, Geiieral Liability Insurance. This co�•erage shall be issued on an "Occurrence" basis or a"Claims-Made" basis, provided, however, if coverage is provided on a"Claims- Made" basis, tl�en the CONSULTANT agrees to procure and rnaintain the coverage during the life of this Agreemcnt and for a period of five (5) years follov��ing substantial compleUon of thc scrvices provided for in t�iis Agreement. Coverage may be issued as a Cornprehensive 27 3 Form Policy or s a Commercial Fonn Policy and shall include coverage for Premises and Operations; Independent Contractors; Products and Campleted Operations and Contractul I.iability. 10.2.1 This policy shall provide coverage for death, bodily injury, pe:rsonal injury or property damage that could arise directly or indirectly frocn the performance of this Agreement. 10.2.2 The minirnum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 10.2.3 The CITY shall be included and identified as an Additional Insured under all general liability policies and Certificates of Insurance provided to the CITY including those Certificates of lnsur�nce provided to tlie CI"I'Y during tlle five (5) year period identified in Section 10.2 l�ereof. All certficates of Insurance to be provided during the five (5) year period following subst�ntial completion of the Agreement shall be provided to the CITY within thirty (30) days of the annt�al anniversary date of the signing of this Agreement. 10.3 Business Automobile Liability - The CONSULT�NT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. The minirnum limits of coverage shall b� a$300,000 Per Occurrence, Combined Single Limit fdr Bodily Injury Liability and Property Damage Liability. 1�his coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive that the latest edition of the Business Automobiles Policies of the Insurance Services Uffice. 10.4 lndenuuty - The t;ONSULTANT shall defend, indemnify, save and hold tl�e CITY harmless from any and aIl clairns, suits, judgments and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the negligent performance of this Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses. The CONSULTANT acknowledges that it is solely responsible for complying with the t�rms of the Agreernent. In addition, the CONSULTANT will defend, indemnify, save a.*�d hold the CITY harmless from any and all assessments, penalties, interest, and fines imposed solely as a result of the failure of the CONSULTANT to comply with any statute, ordina�ice, or governmental regulation of a govemmental body or agency organized or existing and by virtue of staie or federal law. 10.5 Professional Liability -"fhe CONSULTANT shall furnish proof of Professional Liability (Errors & Omissions) coverage on an occurrence or claims-made form with a retro-active date inception of contract with CITY or earlier. The minimum limits of coverage shall be $500,000 per occurrence, with deductible or self-insured retention (S.I.R.) indicated. 10.6 SUPPLEMENTAL PROVISIONS 10.6.1 The insurance coverage's and conditions af�orded by tl�is policy shall not be suspended, voided, canceled or modified except after tlliriy (30) days prior ��Tirien notice by certified 28 mail rcturn receipt r�yuestcc� has bcen siven to both thc (:1�'Y Engincer and t��e Risk Managemcnt Of�ice of the CI"I'Y. 10.6.2 Certificates of Insurance meeting tlle specific requircd insurance provisions specified within this Agrcement shall be forwarded to both the CITY Engineer and Risk Mana�ement Offices of the CITY and approved prior to the start of any work. After review, the Certificate will be filed with the CI'I'Y Clerk as part of the official contract file. 10.6.3 Receipt and acceptance of the CONSULTANT Ceriificate of Insurance, or other similar document, does not constitute acceptance or approval of amoui�ts or types of coverage which may be less than required by this Agreement. 10.6.4 The CITY may at its option require a copy of the CONSULTANT"s Insurance Policies. 10.6.5 All insurance policies required with this Agreernent shall provide fvll coverage from the first dollar of exposure unless othen�vise stipulated. No deductibles will be accepted without prior approval from the CITY. 10.7 SAFETY ArID HEALTH REQUIREMENTS 10.7.1 It is the CONSULTANTs sole duty to provide safe and liealthful worki.ng conditions to its employees and those of the C1TY on and about the site of Agreement perforrnance. The CIT� assumes no duty for supervision of the CONSULTANT. 10.7.2 'I1�e CITY may order that the work stop if a condition of immediate danger to CITY employees, equipment or property damage exists. This provision shall not shift responsibility or risk of loss for injuries or darnage sustained frorn the COIVSULTANT to the CITY, and the CONSULTANT shall remain solely resp4nsible for complian�.e with all safety requirements and for the safety of al1 persons and property at the site of CONSULTANT performance. 10.7.3 The C�NSULTANT shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSI-iA), the Florida Department of Labor and Employm�nt Security and all other appropriate Federa], State, and local regulations or CITY safety and health standards. SEC'TION 11 REQUIRED STATEMENTS The submission of s�vorn statements under Section 287.133(3)(A) Florida Statues on Publie Entity Crimes and a Drug Free Workplace in accordance with Section 287.087 are required 29 s prior to the execution of this Agreement. SECTION 12 TERMINATION This Agreement may be terminated by either party by seven (� days prior written notice, in the event of substantial failure to perform in accordance with the terms hcreof by the other party through no fault of the terminating party. If the Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Schedule 2 for all work performed up to the date of termination. SECTION 13 SUSPENSION, CANCELLATIOI�I OR ABANDONMENT In the event the project described within this Agreement, or the services of the CONSULTANT called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the CONSULTANT shall be given thirty (30} days prior written notice of such action and shall be compensated for the professional services provided and/or related fees for which there is an irreversible obligation up to the date of suspension, cancellation or abandorvnent. 30 SECTION 14 EXTENT OF AGREEMENT This Agreement represents, together with all Exhibits, the entire Agreement between the C1TY and the CONSULTANT and may be amended only by written instrument signed by both the C1TY and the CONSULTANT. IN V�ITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terrns and conditions above stated on the day and year fust written. Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency . Paul R.ichard Hull, Assistant City Attorney Attest: Attest: CITY OF CLEARWATER, FLORIDA By: Eli th ptula City Manager Attest: By: � G. nthia E. Goucieau ' Clerk I� PARSONS ENGINEERIN�'r SCIENCE, INC. By: I��ichael A. eet vce Presideri 31 �•�- - . ? '.. � i r £ � 1 .� •' � SCKEDULE 1 KEY PROJECT PERSONNEL N� ORGANIZATION POSITION PROJECT RESPONSLBII,ITY M'ike Sweet Parsons E. S. Vice President Principle-in-Charge Walid Hatoum Parsons E.S. Project Manager II Project Manager 7oseph Reichenberger Parsons E.S. Senior Engineer Technical Director Moris Cabezas Parsons E.S. Senior Engineer Computer Modeling Julia Schulten Parsons E.S. Supervisor Scientist Ecology Garry Payne CCI Supervisor Sciendst Water & Sediment James Martin AScI Senior Engineer Computer Modeling Timothy Wool AScI Senior Scientist Computer modeling David Wimmers G.F.Y. Prof. Land Survey Survey � 0 0 0 ALLlGATOZ CREEK J08 C�ASSIF1CATlONS 8 RATES SCHEDUt.._E 2 ESTIMATES FOR DIRECT pAYaOIL COS7 (EXCLUDING OVERHE4D, FRINGE BEN�FCTS AND OPERATING µAAG1t� The estimated hour'y ntes shown bebw represar�t Parson.� ES 1995 cost� and cateQaies. Periodsc ch�n9es are �nticipated and �ikatkx�s can be m�de annwRy upon CRY �eview. , PROJECT COST PER TASK 2.1 PROJECT MANAGEMENT b COORDINATION 2.2 INFORMATiON COLLECT]ON d M�WAGEMENC , 2.3 FIELD WORK a DATA APIALYSlS 2< WATERSNED MOOE!.1NG (COMPUTER MODEUNG) ' a. OEVEi.OPMEt�iTOF PREPROCESSOR FOR SWf-1NMD 2.5 tDENTtF1cATioN OF PROBtEMS a PROP. SoltJ'�1oNs 2.6 EVAlUAT1�N OF PkOf'OSED SaLUTfONS 2.7 PERMITS _ 2.8 PRESENTATIONS, PUBLIC M.TGS. b TECK LIAISON i PER T�ISK 310,97T 542,917 �152,242 �116,283 525,868 552,900 SSd.420 X OF OTAL 31 11 11 2 6 100 � � W W � U � O � ._.! J ¢ N W J � � w U {J� � O C1 O O O O O C7 O J a o c? o a a o 0 o v, ,Q t�: r: c� ri ao 0 0 o t� v Q� cA N N o�o � Y cpD_ N O�i_ � t� N ty tD M N � W r cD �-- fi' �t7 r N � tn M � �-- �-- `�t' 49 � 1.9 �9 4'! H Vi V! V► vi O O O O V O O O O C O O O O � 1� r- CV O � ~ �4 �9 �9 �9 V O O C O O y,: O O u7 W Ij,. � � � rn Qi �' � � �A O O O O O Q O ti M N O O O N �;} r- o co o c� �n c� V c� a co r- oo v� o0 e— O �A N N c'� tA r-- c7 tn v4 � �R �i �9 �%l �f � O O O O O O O O M O�i lD O O () tt et r c0 �r- O r M cD tt9 M O v � N � � d � � v� � v� .A � o 0 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 v� o a a o 0 0 0 0 0 O N � � � 0�0� � c�0 0 N � co rn rn o a� m a� �n r � N � t0 v v N N a� � � � � � � � � � � z z Z =' � z c�n � 0 �. W O O �j = � � � u- "� N 0 W O N � t-- flC t- � � �:- .,� O Q� o�i. w �-� � U Z y. � U n�. � �j Z Z Z U a �3 W W Q O � t-- w m �? U F-Q- Z n. � a �'m w �° o� � a °`- d � °z � Z Z �-�- z z Z¢� W o � p �s �� w o' Q o Q � � � �U � � � w e_"'Ui. ¢ h�- W � o°�� W z a� w � a� � � � "' > w � ? � �? w n. n. e�- N M et �A ta h- c0 N N N N N N N N r- 0 a � a TO: FROM: SUBJECT: COPIES: DATE: � � � --- CITY OF CLEARWATER Interdepartmental Correspondence Mayor and Commissioners Cynthia E. Goudeau, City Cler� Funding participation in the Alligator Creek Watershed Management Plan Elizabeth Deptula, City Manager Richard J. Baier, City Engineer April 17, 1996 The Agreement re the Alligator Creek Watershed Management Plan calls for cooperative funding between Pinellas County, Clearwater, Safety Har�or and the Southwest Florida Water Management District (SWFWMD). SWFWMD is providing S(?% of the funds through a grant. The remaining funding is based on the amount of runoff contributed to the basin. This results in Pinellas County contributing 19.2%, Safety Harbor 2.3% and Clearwater 28.5% to the total project The entire project is projected to cost $1.2 million of which Clearwater will fund approximately $342,000. The $106,789 being approved in Amendment #1 to the Consultant Services Agreement is part of the total project cost. If you have any questions, please let me know. � �� e ;. �,,, .__ ,_, :.. ._. ...... _............ � %'� «� /' � f ..�.r^" 1 � R t�� L� CLEARWATER CITY COMMIS3ION Agenda Cover Memorandum I tem �t f� Meeting Oate_ �� _ SUBJECT: TRAFFIC ENGINEERING SERVICES FIELD OPERI4TIONS COMPLEX �r 1�, � (96-6) REC4MP�iENDATION/MOT�ON: Award a contract for the TRAFFIC ENGINEERING SERVICES FIELD OPERATIONS COMPLE% (96-6) to HEIdNESSY CONSTRUCTION SERVICES, CORPORATION of ST. PETEI�SBURG, FLD�tIDA for the s�.m of $406, 6b8 .15 which is the lowest responsible bid received in accordance with the plans and specifications, and to approve related expenditures of $19,700, � and that the appropriate officials be authorized to execute same. SIIMMARY: • Bids were solicited and received for the construction of a building to serve as the Traffic Enganeering Field Operations Complex, located at 1163 Gould Street. The proposed facility will house the Traff ic Engineering signal maintenance, electrical repair shop, and traffic sign manufacturing personnel who are currently located �n the City Ha11 Annex, 10 South Missouri Avenue and the Engineering Sign Shop, 410 North Myrtle Avenue. The City Hall Annex will be demolished in the Fall of 1996. The construction of this new facility will consolidate all Traffic Engineering field operations personnel at one location. o The existing Engineering Sign Shop located at 410 North Myrtle Avenue will be renovated to accommodate the Engineering Services and Environmental field operations staFf consisting of surveyors, construction inspectors, the engineering mat�rials testinq lab and the environmental field lab. These personnel are currently located in the City Hall Annex, 10 South Missouri Avenue. Bids were solicited for the required renovations with the lowest bidder being the City of Clearwater Building and Maintenance Division. The renovations will cost $17,300. • An alternate bid was also solicited to "hurricane harden" a portion of this facility. The hardened portion of the facility would protect the electrical, signal and sign maintenance facilities from up to a categary 3 hurricane and allow the facility to serve as an emergenc�• recovery center for the Traffic Engineering Division. This alternate bid amounts to $457,027.11 and would increase the total cost of the project by $50,358.96. Revieti+ed 6y: Legal -�� Budget � Purchasing Risk Mgmt. N/A � 1 s_____ �A i ACM � �� iE NG .._.._._�� ;�' � ..- i • J i OTHER } � i i S�bmitted by: �., � `�� ; City Managc � � _ .�..-- Originating Dept. Engineering Services±� User Dept. ' ' Advertised: Date: 02,L1196 & 02/21/96 Costs: $426,368.15 CCurrent FY) Funding Source: • Capt. Imp. x Operating Other =Paper:St, Petersbur9 Timesi ' Appropriation Code(s) � Not required � i i � Affected parties i � notified ____ ; � i Not required x � 315-1-94604-563600-541-000 continued: Comnission Action Approved Appro��ed wlconditions Denied Cont'd to Attachments: eid tabulation & summary Location map Paqe 2 continued: Aqenda Item - TRAF'FSC ENGINEERING SERVICES FIELD OPERATIONS COMPLEX (96-6) .� • This project will benefit the community by providing for the relocation of vital traffic and engineering services from the City Hall Annex building and by centralizing traffic field operations. Hardening of the structure would serve to speed the recovery of city wide traffic operations in the event of hurricane damage. • Other costs associated with this contract include the application fee for the Southwest Florida Water Management District storm water permit which is $2,400.00. • The projected total cost for the complete project without "hurricane hardening" is $ 406 , 668 . 15 . The contract award amount to Hennessy Const . Services without '�hurricane hardening" is $406,668.15. • This project will start on or about May 1, 1996, and ia scheduled to be completed within 120 calendar days. • Zoning for this project is Urban Core (UC) which permits construction of government facilities. '' �_ • Funding in the amount of $396,672 is available in Capital Project 315-94604, , Field Engineering Building. The balance of $29, 696 .15 will be provided by a mid- year budget amendment transferring Infrastructure tax from Project 315-92555, Intersection Improvements. «�Sh�.�sa � , ; 0 � � Q C G � 3 Q � z " � O z 5 � m O Q � �- m 8 °� 8 8 8��°°� 8 8 8 5� 8 8 8 I � �ri R a n r «i � o � � � o $ ~ $ $ � {y[� � h PI tv OD M � a IA w! 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'_- - �--- -_ � .:I...._....I�.' � ._.., i 0 RD - �r � Y T S -L� ,I; F(i)kU � � C I T Y 4 F C L E A R W A T E R Interdepartment Correspondence Sheet TO: Commissioners THRU: Elizabeth M. Deptula, City Manager FROM: Richard J. Baier, City Engineer . COPY: Gardner Smith, Public Works Dire tor SUBJECT: DATE : New Traffic Engineerinq Services Field Operations Cornplex Address April 16, 1996 The address for the new Traffic Engineering Services Field Operations Complex will be 1650 N. Rrcturas Avenue, Building .� E.. The entire Public Service Complex is addressed at 1650 N. Arcturas Avenue. Each building is identified by a letter. The current buildings are as follows: Building "A" - Public Works Department, Division Offices Building "B" - Public Works Department, Rdministrative Offices Building "C" - Meter Shop Building "D" - Electrical Shop RJB/WJS/ae N(i MOS. WJS � � :� � � CITY OF . CLEARWATER Interdepartment Correspondence Sheet TOs The Honorable Mayor & City Commisefoners THROUaH: Elizabeth M. Deptula, City Manaqer 1�ROK: Richard J. Baier, City Engineer� . COPIES: Kathy S. Rice, Deputy City Mana r William C. Baker, Aesistant Cit Manager Terry Jennings, Chief Enqineer SUBJSCTs Site Selection for Engineering Field Office DATEs April 12, 1996 CpMM S T0: s�oN APIq 15 1996 C�ERK� ATTO RNE� The Commiaaion decieion to conatruct the new Municipal Servicea Building and to demolieh the annex buildinq prompted the consideratfon of which Engineering Department functions would reside in the new building. The Management Team, in conjunctian with my ataff and myaelf, decided that the Engineering functions of Traffic Engineerinq Electrical Shop, signalization equipment etorage and the +�!!q�lnsertng�°eenff.�cees�i-eld�O��ice which are currently houaed in the City Ha.11 Annex would�-=moved=�oTsTremate�-=location. r��_i:.r.ai -.-�,.. s,.. .. ,.. �.... .�......�..,_ An examination �f the exiatinq Traffic Engineering Sign and Paint Shop locate.d at Myrtle Avenue and Hart Street determined that this facility is the correct size to house the Engineering Services functiona of Survey, Inspection Materials Testing and Environmental Lab. Further, the Traffic Enqineering functione o� Paint Shop, Sign Shop, and Electrical Shop ehould be co-located at a single eite to provide for the best efficiency of traffic field operations. Initial eite aelection criteria was limited to currently owned City property which did not have a present commitment for uae and, or occupant. A secondary consideration waa to have the Traffic Engineering Field personnel close to the supervisory ataff l.ocated in the Municipal Services Building. The site at Madiaon and Brownell met both criteria as well as beinq immediately adjacent to the existing Parke Electrical and Liqhtinq Shop. Upon Commiseion directian to seek an alternate site, the existing Public Worke complex waB aelected as the next beet site on City owned property. This aite is near the geographic center of the City and can serve the needs of the Traffic Engineering Field office. The Traffic Engineering Field Office is preserotiy proposed for the northwest corner of the existing Public Works vehicle and materials atorage area, The placement of the new facility at this location will impact the current operation of the Public Works complex and will require the relocation of a portion of the current equipment parkinq and materiala storaqe areae. Our preaent thinking is to implement the new building construction a�d observe the impact on tha combined operatione of Public Worke and Traffic Engineerinq. If epace limitations continue to be a problem, then additfonal materfal or vehicle pArking will be moved to the south of the exieting fenced complex to the area preeently being ueed by Public Worke for roadway materials storaqe and deb�ie proceeeing. If you have any questiions, pleaee do not hesitate to call me at extension 6042. RJB/ns rwaot�,�e S�`� ��i i �� d 9,�� o� S � � Clearwate� City Cornmission ��, Agenda Cover M[ernorandum SUBJECT: Replacement of Solid Waste Trucl< Scale Item #: Meeting Date � . t „ RECOMMEN DATION/MOTI ON: Award a contract for the replacement of one (1) truck scale to Dickey Scales, lncorporated, Tampa, FL., at a cost of $38,301.00 which is the (owest, most responsive bid submitted in accordance with the specifications, Cl and that the appropriate officials be authorized to execute same. SUMMARY: • Since the early 1970's, the Solid Waste Departrnent has operated a truck sca(e at its Transfer Station to weigh its collection vehicles to account for the tonnages of refuse received from its residential and cornrnercial solid waste customers. Monthly dump fee charges are verified and split between residential and cornrnercial cost centers. s The Transfer Station compacts the refuse into tractor/trailer rigs for the long haul to the Pinellas County Resource Recovery facility. This maximizes the efficiency of all route trucks by allowing them to dump quickly and return to collection. e The present scale is 25 years old, unreliable, expensive to maintain and cannot accommodate weighing the new roll-off vehicles. Neither can it backup the scale used to weigh recyclables sent to market from the new complexes' processir�g faci lity. • Dickey Scales won the bid for the recycling scale at the new complex, and that installation was done extrernely well and completed ahead of schedule, s This new scaie which will be above ground, will be easier to maintain, more reliable and will permit better accounting in the commercia( roll-off operation since customers are bil{ed for the weight of their refuse collected in each roll-off container. • The available balance in the �acility R& R capita) irnprovement project is sufficient to provide funds for this contract. Reviewed by: Legal B udget Purchasing Risk Mgrnt. IS ACM Other / .�� Ci hlanager Originating Department: h/A Solid Waste �' -�. � - �. ,,�y User Department: 'A Advertised: Date: 1l19l96 & 1/26/96 � Paper: Tampa Tribune & Pinellas Counry Review ❑ Not Required Affected Parties � Printed on recycl�d paper fJ Notified LJ Not Required Costs: 38,301.00 Current Fiscal Year Funding Source: G] Capitallmprovemenl: ❑ Operaling; ❑ Other: Appropriation Code 315-96426-564000-534 Commission Action: O Approved ❑ Approved with Conditions CI Denied O Continued ro: Attachments: C�] Bid tab ❑ None CITY OF CL�ARWAT�R HID 72-96 OP8N8D FSBRIIARY 15, 1996 BID TAB ITEM NO. DESCRIPTION l. TRIICK SCALB DELIVERY: TERMS: TRII�K SCALS DICKEY SCALES TAMPA, FLORIDA TOTAL QUANTZTY PRICE 1 38,301�00- SIIbIIrinRY OF BID 72-96 BIDS SOLICITED: & BIDS RECEIVED: 2 NO RESPONSE: p NO-BID RESPONSE: 4 SIIb�SARY OF NO-BID RE3PON8$3 UNABLE TO MEET SPECIFICATIONS:3 DO NOT OFFER PRODUCT: 1 3-4 WEEKS NET 30 � I FLA INDUSTRIAL SCALE LONGWOOD, FLORIDA _ � k � TOTAL � � PRICE � � 48,000�00_ � 6 WETKS NET 30 ,; SE�LM� � ,,,I, � 9 _"""• O� 1 �'�rEa�` • r � � -�- Clearwater City Commission Agenda Cover Memorandum � �� I tem �! �---- Meeting Dnte: ( �7 — ...�.....��.� ..�.. . _r.._..._.—_..�._..l l � SUBJECT: Land Development Code amendment excluding City-owned property frorn eligibility for minor variance consideration, excluding any property from minor variance consideration where variances are granted in excess of specified limits, and allowing minor variances for freestanding sign setback up to five feet. (LDCA 96-10) REC�IIi�MEtVDp►TION/MOTION: Receive proposed code amendment and refer to City Clerk for advertis+ng for public hearing. ❑ and that the approp�iate officials be authorized to execute same. �� SUMMARY: This code arnendment has been prepared in response to two areas of concern expressed by the Developme�t Code Adjustment Board regarding the minor variance program: ► The Board was concerned about the potential for the minor variance program to resuit in "cumulative" variances. They cited a minor variance case invofvina a property which had previously received a parking variance. Staff approval of the requested rninor variance for parking on this site, in effect, exceeded the amount approvable under the minor variance program if both var�ances were added together. The Board asked that staff develop code changes to eliminate the potential for "cumulative" variances under the minor variance program. � The Board indicated that it woutd feel more comfortable with the program if City-owned properties were excluded from minor variance consideration. They did not feel there were particular cases in which minor variance approval involving City property resulted in even the appearance of a conflict of interest, but they wanted to be sure that the C+ty enjoyed a complete{y unbiased review of code deviations affecting its properties. Staff has also added the following changes: ► Relettering the list of rninor variances to delete "Reserved" frorn the list. Reviewed by: Originating Dept: Costs: S N/A Gomnissicm Action: Lega1 L� �� CENTRAL PERMITTING Totat ❑ Approved Budget NlA � Approved w/conditions Purchasing N/A $ ❑ Denied Risk Mgmt. N/A User Dept- Current Fiscal Yr. CIS N A ' 0 Continued to: ACM F�nding Source: �' ❑ Capital Imp. ❑ Operating Advertised: Attachments: pate• � Other DRAFT ORDINANCE �-� Paper: ; � � � Not Requi red Submitted by: Affected Parties ❑ None City Manager � ❑ Notified �ppropriation Code: � Not Required �+r 6� Printed on recycled paper LDCA 96-10 Page 2 ► AI{owing minor variances for freestanding sign setback for the full five feet required by code, reflecting the Commission's typical approval of sign setback variances. The following public hearing schedule is proposed: BOARD ACTION DATE �ITY COMMISSf4N RECEiPT & REFERRAL APR1L 18, 1996 DEVELOPMENY CODE ADJUSTMENT RECOMMENDATION MAY 23, 1996 BOARD CITY COMMlSSION FIRST READING JUNE 20, 1996 CITY COMI�/IISSION SECOND READING JULY 18, 1996 ;1 ,� � � � � QRDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DBVELOPMENT CODE; AMENDING SECTION 45.23, CODE OF ORDINANCES, TO EXCLUDE CITY-OWIVED PROPERTY FROM ELIGIBILITY FOR MINOR VARIANCE CONSIDERATION AND TO EXCLUDE ANY PROPERTY FROM ELIGIBILITY FOR MINOR VARIANCE CONSIDER.ATION WHERE VARIANCES ARE GRANTED IN EXCE5S OF SPECIFIED LIlVIITS; TO ALLOW MINOR VARIANCES FOR FREESTANDING SIGN SETBACK UP TO FIVE FEET; PR4VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 45.23, Code of Ordinances, is amended to read: Sec.45.23. Procedures. * * * * * (3) A minor variance may be approved by the development code administrator without public hearing or authorization by the development code adjustment board or the city commission. An application for minor variance shall comply with the submission requirements of section 45.22; however, a minor variance shall not be subject to the notice and hearing requirements of Article IV of Chapter 36. An applicant may request to go through the full variance procedures of this chapter if the decision made by the development code administrator is not acceptable to the applicant. City-owned Qroperties shall not be eli�ible for minor variance consideration and no property shall be eligible fvr minor variance consideration where variances are ,granted in excess of the limits �ecified below. A minor variance may consist of one or more of the following: (a) � (c) (d) Side setback. Variation of a side setback of no more than ten percent or two feet, whichever is less. Rear setback. Variation of a rear setback of no more than ten percent or five feet, whichever is less. Street setback, Variation of a street setback of no more than ten percent or five feet, whichever is less. Open space. Variation of an open space requirement of no more than five percent. (e) ifl Front yard open space. more than five percent. Landscaping. : '_" � Variation of a front yard open space requirement of no l. Interior parking lot. Variation of the required interior landscaping for a parking lot to require less than six percent, but not less than five percent, of the total paved area of the parking lot or vehicular use area to be landscaped. 2. 3. Abutting streets. Variation of the required width of perimeter landscaping abutting a street of no more than one foot. Abutting adjacent property. Variation of the required width of perimeter landscaping abutting an adjacent property of no �nore than one foot. (g) Number of parking spaces. Variation of the nurnber of parking spaces of no more than ten percent, with the maximum number of parking spaces being varied limited to ten. . �,h�) Fence height. Variation of fence height of no more than six inches. (i�) Fence setback. Variation of a fence setback frorn a street right-of-way of no more than six inches for the entixe fence on any one side of a lot, or up to three feet for no more than ten percent of the length of the fence on any one side of a lot. (��) Fence landscaping. Variation of required landscaping associated with a fence of no more than ten percent of the length of the fence on any one side of a lot. �) Signs. Variation of freestanding sign height of no more than two feet, of freesta.�ding sign setback of up to five feet �e-r�e►� e€-a-�e�, and of freestanding or attached sign area of no more than ten percent. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PAS5ED ON FIRST READING � � ORDINANCE NO. taaM'c.,. . , . , . . . . '`. s...... . , . PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: , ^ �' i .l� f2 Leslie Dougall-S es, Asst, City Attorney � 3 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk ORDINANCE NO. � . � . ' � , Y,�f' �� ; , � � f i t i i � I r' i� ; ` �w� ,,�� a ��-, wo�� ,�T E TO: FROM: SUBJECT: CITY OF CLEARWATER interdepartment Cor�aspundence Betty Deptula, City M�nager Scott Shuford. Central Permitting, Director ��j City Comrnission Followup - 4/15/96 Worksession COPIES: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Cyndie Goudeau, City Clerk DATE: April 15, 1996 . ----� ,} � �, ` _.�> In response to questions at this morning's worksession, I arn providing the following information: `� CODE AMENDI1�iENT ADJUSTING DENSITY AND PARKING FOR RESIDENTIAL SHELTERS, � GROUP CARE FACILITIES AND FANIILY CARE HOMES - Definitions for these uses are attached. • � ZINOR VARLANCE C(.�DE AMENDMENT - The following table illustrates the extent to which signs have 3 een involved in the consideration of minor variances during 1995. The information i verbally presented to the Comrnission regarding the percentage of minor variances involving signs was incorrect: Minor variances involving signs accounted for 47 % of all minor variances, since there were 15 minor variances considered in 1995 and seven involved signs. Consequently, I recornmend n�t eliminating signs from the list of code provisions eliaible for minor variances, even if the Carnrnission ultimately decides against delegating all sign setback variances to staff, as proposed. The City Attorney and I will discuss adding the right-of-way (R-O-W) condition referred to in the second note under the table in some upcoming sign code revisions. CASE NO. MV TYP� RESOLU'I'ION MV 95-02 1.2' SIGIV SETBACK VARIANCE (SIDE) GRANTED MV 95-04 15 SF SIGN AREA VARIANCE DENIEI�* iNV 95-OS 4 SF SIGN AREA VAR(ANCE GRANTED MV 95-07 2' SIGI� SETBACK VARIANCE (STRCET) GRANTED** MV 95-10 2' SIGN SETBACK VARIANCE (STE�EET) GRANTED** MV 95-12 0.6' SIGN SETBACK VARIANCE (STREET) GRANTED** MV 95-15 2' SIGN S]E'I'I3ACK VARiANCE (STREET) GRANTEa** NOTES: * "REGULAR" VARIANCE SUBSEQUENTLY DEIVIED BY CITY COMMISSION ** ALL INCLUDED CONDITION REGARDING APPLICANT RELOCATfON OF THE SIGN DUE TO R-O-W IvEEDS Should you have questions or comments, please contact me, SJ/dV �i•IS.SS 0 'I`he hur�h �� ciez�.�ol� � ! .� � r- � '�_' � � v , �=,, � . _ - Office of Public A�'airs �� tr �� .-.�� /�/9 � � �: , � �� , ;� ��1N��A:a�F Ms Betty Deptula Clearwater City Manager P.O. Box 4748 Cle:alwater, FL 34618 118 N. Ft Harrsion St. Clearwater, FL. 34615 (813) 443-3748 (813) 442-0375 fax April 2, 1996 Re: One southbound lane closure for 10 May 1996 Dear Ms. Deptula, The Church of Scientology will be holding an event on the evening of Friday 10 May at our Fort Harrison Religious Retreat. This event is our annual event commemorating the first publishing of the book "Dianetics Modern Science of Mental Health" by L. Ron Hubbard. This event will be open to members of our Church and invited guests. The last few times we have requested a partial street closure, with one southbound lane of Fort Harrison blocked off between Pierce Street and Franklin Street to ensure safety of the attendees. Since this arrangement worked well, we would like to again close off one southbound lane of Fort Harrison Avenue between Pierce Street and Franklin Street (please see the attached map for full specifics) from 6:OOpm to midnight. The required safety fence per the attached Maintenance of Traffic plan (623) will be used. Approximately 3000 people are expected to be at this ev�nt. The partial closure helps ensure safety of the attendees. As usual we will be PZiCing off duty policemen to assist in p�destrian safety and traffic control. An application for a Special Event has already been filed wi�h the Clearwater Parks and Recreation Department. On tl�e day when we can fl�lly trust each other, there will be peace on earth. . L. IZon Hzrbbard -- from Scientolo�-y SjQ)11 Ofl .LIfB a Ne►i� O Copyright 1965,I978,1983 by L. Ron Hubbazd. All rilghtsreserved. � GUrYfl��l 1993 by thc Church uf Scicnlala�,ry, Flag Scrvicc Org�niration, Inc, Scicntology is a traci�m:�rk und scrvic� mark o«nicd h}' Rrligious Tcchnology Ccntcr und is uscd ��ith its �xm�ission. �,n.., . . . � 0 _2_ This letter is to request permission to close the one lane as outlined above and in the the attached map. As part of this reguest, the Church would also like to have a representative be allowed to address the City Commission on this matter at the next convenient Commission meeting to get the needed resolution introduced and passed as required by the Department of Transport. Sincerely, ��G>� �'� : Mary Stor � Community Affairs Director ; � i i � a � f� � . � I � � � J � � � � �� , � � � � ; � � � � T i�-� � � �� - � _� . � � �- � �.� �1 Q ► � � r-� � �- � �� o . ,1 � � __.___...._�__ �. ____.._ W � � � W �.Z. 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Q i u > 'g ^ > o g o `:o o" o �� g � t' .c C 4 C � 0 �7 O O, $ C �p c : � 3 � M a o � c �n � $ : � 3 a � ` � � $ ` o � � m � 4 3,?�� 4'j � � � o�;� �— a€ m° ��ra �� ` � �� oao�.,00; � 3 � o� � � a 3 Q �.. o Q� •, o o �, � > o O g u o 2 u o p+ ° o tn ; �n � � 4�� = 4 x 3 a v� e�` :i `� `m ° 0 l. 0 ... .......... . i �I� � w 4 9��vp� � Clearwate� City Commission Agenda Cover Memorandum SUBJECT: Appointment of Vice-Mayor Item #: Meeting Date: RECOMMENDATION/MOTION: Appoint Commissioner Johnson to serve as Vice-Mayor O and that the appropriate officials be authorized to execute same. SUMMARY: � � 4/18/96 In accordance with Article I{, Section 2.05 of the City Charter, the Commission shall, at their second meeting in April of each year, elect one of its members as Vice-Mayor. The Vice-Mayor shal{ act as Mayor-Commissioner during the absence or inability of the Mayor- Commissioner to perform the duties of the office of the Mayor.j Reviewed by: Originating Departme • Commission Action: Legal NA City Clerk Costs: ' NA 0 Approved Budget NA Total O Approved with Conditions Purchasing NA User Department: ❑ Denied Risk Mgmt. NA Current Fisca► Year ❑ Continued to; IS NA � Funding Source: ACM O Capital Improvement Other NA Advertised: C! Operating Date; L7 Other: Attachments: Paper: Submitted by: ❑ Not F�equired Appropriation Code �,(�T� �' Affected Parties �� ❑ NQtified ❑ None City Manager ❑ Not Required � Printed on recycled paper � z'Jl .• �� . s,a'::u�+/� � -�l;� � � SUBJSCT: Df sposal of Halon Gas Clearwater City Conv.nission Agenda Cover Menloranduin r I tem �Y Meeting Date: .)�. R ECOMMEAIDATI ON / MOT I OAi ; Ratify and confirm the City Manager's decision to declare halon gas surplus to the needs of the City and authorize disposal in accordance with section 20623 of the Code of Ordinances and sell to Borrell Fire Systems, Inc., Tampa, Florida for the amount of $1,184.00; � and that the appropriete officials be authoriaed to execute same. 8�1CRGROIIND : ► Traff ic Engineering is in the process of moving the Computerized Traffic Control System to the new Municipal Service Building. ► The computer room in the Annex was supplied with a halon fire suppression system. This type of system can no longer be installed due to the possible harmful effects of halon, although, existing systems can be maintained. ► A number of contractors were contacted for disposal of this'gas and only one was located that was willing to pay $4.00/pound for the 296 pound tank of reclairned halon. ► This removal was an emergency situation and for safety reasons was necessary as the tank was restin�g on one lone raised floor tile. Rrveewed by: Originetire Dept: Costs: Caoission Actia�: legal N/A Engineering/Traffic /j Total [] Approved Budget N/A Engineering !� ❑ Approved u/conditions Pu�chasing a/I► � Risk Mgmt. N/A Current Fiscat Yr. O Denied IS N/A Usrr Dept: ❑ Continueci to: ACM N A _ Engineering/Traffic F�ndin� Source: ERg, __ri�- Engineering ❑ Capital Imp. 7� '. D Operating Advcrtised: ❑ Other Attacl�ents: Dete: Paper: � Not Required S�witta� by: Aff�ted Pe�ties 11p�opriation Caie: � Hone � ■ Notified Ci t a er 0 Not Rec�ui red �i1 Printed on recycicd pe�per _, _. TO: FROM: CUPIES: SUB�TECT: DATE: . � • 3 .� CITY OF CLEARWATER Interdepartmental Correspondence Sheet Elizabeth M. Deptula, City Manager Richard J. Baier, P. E. George McKibben, Pur hasing Manager HALON DISFOSAL Apri12, 1996 ��-�1�:��-tt!�:.r�, 't ` ' .-t �r,y�f� ;� rY �1�1(V1�G(�F} Traffic Engineering is in the process of moving the Computerized Traffic Control System to the new Municipal Services Building. The computer room in the Annex was supplied with a halon fire suppression system. This type of system can no longer be installed due to the possible harmful effects of halon, although, existing systems can be maintained. We contacted a number of contractors for dispnsal of the gas and found one that was willing to pay $4.00/pound for the reclaimed halon. The tank lists 296 pounds of gas but we have no idea if it is full or not. Since the tank is resting on one lone raised floor tile, it is imperative that we dv something in haste. The net result may be up to $1,184.00 for the City. RJB/dpm halandsp.wp6 , ✓ G� �� /r� , � K S 1�° •,�� ` � �< :,,,,. ., .r ,, .. . _ , . , r�-�-- � � � � 1 I � � � _' :�� .• .•� .. "�'�'�� • '.�.,�,� � � ._..-,---� � Clearwater City Commission Agenda Cover Memorandwm SUBJECT: State Housing Incentive partnership (SHIP) Local Housing Assistance Plan for State Fiscai Year 1996-97 I em / Meeting Date: � RECOMMENDAT{ON/MOTION: Adopt Resolution No. 96-25 establishing the SHIP Local Housing Assistance Plan for State Fiscal Year 1996-97 � and that the appropriate oFficials be authorized to execute aame. BACKGROUND: The State Housing Initia�ives Partnership Program is the centerpiece of the William E. Sadowski Affordable Housing Act and creates a comprehensive funding package, by way of a fifty cent ciocumentary stamp tax on deeds, for local affordable housing prog�ams. The State has estimated that we will receive $572,384 for the next state fiscal year, July l, 1996 - June 30, 1997. At least 75°/a of the local govemment's funding must be used for construction, rehabilitation or emergency repairt and 65% must be used for homeownership. At least 30°/a of the_ households.assisted must be occupied by very low- income persons, and another 30% must be occupied by �ow-income . pe�sons� the balance may then go to moderate-income persons. We have curr�ntly met all funding requirernents of the State. March 19, 1996 the Neighborhood Affordable Housing Advisory Board reviewed the Local Housing Assistance Plan and voted to recommend its adoption by the City Cornrnission. The Local Housing Assistance Plan for this fiscai year does not substantially differ frorn last year; funding amount is the same. The dollar amounts of the strategies have been adjusted to service a larger number of households. ilovi�++�d by: Laqa: Budget Purchasing Fisk Mqmt. CIS ACA1 Othet L� '"� � ` NA NA NA NA I Submittod by: . . . " t n%yb� ��-., Oriqinatinq Dqpt: £ccr,cmic Development . '`-"� v � `ti; AdvQ:tisad: Oate: Paper: � IJOC =equi red A�fQOtQd paxti�s ❑ ;ct::;ed � �.- . '.equl rod Costs: Total Curtent Fiscal Yr. Tnndinq sonraa: ❑ Capital Imp. ❑ Operating 0 Othet 5572,38q Appropriation Codv: Catenisa3oa Aation: ❑ Approved ❑ Approved w/ccncitions ❑ Denied ❑ Continued to: Attaatunants: LOCAL NOUSItJG ASSIS'::u�:CE i+..r1N R.ESOLUTION NO, 96-i5 RESOLUTION N0. 96-25 A RESOLUTION OF THE CITY OF CLEARWATER ACCEPrING THE REC�MMENDATIONS OF THE CITY OF CLEARWATER NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD AND ADOPTING A LOCAL HOUSING AS�ISTANCE PL�N FOR THE CITY OF CLEARWATER IN ACCORDANCE WITH THE STATE OF FLORIDA STATE HOiJSING INITIATIVES PARTNERSHIP (SHiP) PROGRAM PROVISIONS. WHEREAS, �he NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has met +ts statutory and organizational assignments by preparing a set of recommendations to the CITY COMMtSStON addressing affordable housing incentives and associated issues and, � WHEREAS, the C{TY OF CLEARWA7ER C�TY COMMISSION has received the recommendations from the NEIGHBORHOOD AFFORDABLE HOUSING ADViSORY BOARD, and has prepared a LOCAL NOUSING ASSiSTANCE PLAN based upon those recommendations, now, therefore, � BE IT RESOLVED BY THE C1TY COMMISSION OF THE CITY �F CLEARWATER, FLORiDA: Section 1. The City of Clearwater hereby accepts the NEIGHBORHOOD AFFORDABLE H4USING ADVISORY BOARD recommendatioi�s attached to this resolution as the LOCAL HOUSING ASSISTANCE PLAN. Section 2. The City of Clearwate� hereby adopts the Housing Delivery Goal for Fiscal Year 1996-97. Section 3. The City of Clearwater hereby accepts the LOCAL HOUSING ASSISTANGE PLAN for State fiscal year, July 1, 1996 - June 30, 1997. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk �tate Housing Initiatives Partnership (SHIP) Program L,ocal Housing Assistance Plan �rogram Inforrnation Sheet Please cornplete the fallowing information LOCAL GOVEFt�vMENT: City of Clearwater CH�F ELECTED OFFICIAL: Mayor Rita Gaivey ADDRESS: City of Clearwater - P.O. Box 4748 - Clearwater, Florida 34618-4748 (112 South Osceola Avenue - Cleaiwater. Florida 34616) T'ELEPHONE: (� 13 ) 462-6700 FAX: ( 813 ) 462-6720 CONT�CT PERSOI�1: Alan J. Ferr� Director, Economic DeveloQment Department ADDRESS: P.O. Box 4748 - Clearwater Florida 34618-4748 �10 South M'issouri Avenue - Ciearwater, Florida 346161 TELEPHONE: ( 813 ) 462-6882 FAX: ( 813 ) 462-6476 INTERLOCA,L AGREEMENT: �S/NO (If yes, list other participants in the interlocal agreement) (The following ir formation must be furnished to the Agenc}� before cmy funds can be disbr�rsed) I.,OCAL GUVEPNMEN']C ]EMPILOYER FED�RAL ID rfUMBE�t: 59-6000289 MAIL DISBURSEMENT T(J: City of Clearwater - Finance Department - Att: Carrie Bjarkman A.DDR.ESS: P.O. Box 4748 - Cleazwater Florida 34618-4748 �,l 12 South Osceola Avenue - Clearwater. Florida 34616� (3/95) A. Sunoort Servic�s Support services availabie to eligibie persons and sponsors shail consist of the following: Counseling Home ownership counseling for f+rst-t+me horne buyers is currentiy being provided by Economic Development Departme�t Staff and such non-profits as Clearwater N�ighborhood Housing Services and Tarnpa Bay Community Deveiopment Corporation. The City aiso uses established and accredited Firsi-Time Home-Buyer education courses that are offered through the Cornrnunity Service Foundation. II. LOCAL HOUSING PARTNERSHIPS The City of Clearwater's public-p�ivate partnersh+p is the Challenge 2000 Loan Program. The City, through Challenge 2000, has created partnerships with area banks, local affordable housing non-profits, title companies, local developers, and other organizations that are engaged in the affordable housing business. Through these partnerships, the City has been abie to expand the supply of safe, decent, and affordable housing to rnany of its residents. Without these partnerships, many families would still be living in unsafe and unsanitary housing, paying for rent, rather than experiencing the American dream of horne ownership. ttl . STRATEG 1 ES STRATEGY #1 : Rehabilitation of Existinc�Homes The City, through its Housing Prograrns, finances rehabilitations for eligible very-low, low and moderate income persans who own and occupy substandard housing units. The SHIP subsidy will be in the form of a deferred payment loan (DPL) with no interest and no monthly payrnent due unless the home is sold, rented, or ownership is transferred. In the case of a DPL, a lien �s placed against the property only as a recapture mechanism for the loan. STRATEGY #2: New Corastruction/Development of �-�ousing Units The City develops affordable housing units for eligible very-low, low, and moderate income persons. The City and eligible sponsors acquire land to provide affordable housing units for eligible persons. Eligible sponsors shall also be awarded funds to construct and/or develop �ffordabie housing for eiigible persons. Page 2 of 6 U\DAiA�CD016HIP.AJF The activities performed in this strategy supplement the City's �hailenge Fund Program. The assistance may remain in fihe unit as a deferred payment foans (DPL's) which carry no interest and low interest loans shali be available for very-low, low, and moderate income persons through this strategy. In the case of a DPL, a lien is placed against the property only as a recapture mechanism for the loan. The DPL. loan is not due until the home is sold, rented or ownership is iransferred. Payment of the principal amount of the DPL is deferred while the borrower remains the fee simple owner and resides at the noted property, and no default of the terms of the mortgage securing the note has occurred. Defaufr will cause the note to become immediately due and payable. Upon defauft, the City, at its option may prepare an alternative promissory note requiring monthly payments of principal and interest. All payments on the alternative note shall be applied first to interest to date of receipt, then to principal, then to late charges due. During the deferred term the note will not accrue interest. The owner(s) reservefs) the right t� pre pay the principal in whole or in part afi any time without payment of premiums or penalties. The note is secured by a mortgage duly filed for record in Pinellas County, Florida. The City will continue SHlP Funds to provide the local matching funds/credits required for Federal and State affordab4e housing programs. Federal MOME funds may be used �to assist e{igible very-{ow, 1ow, and moderate income first-time home buyers in the form of gap financing. The City rnay use SHIP funds as the Local Contribution when participating in such programs as ihe Federal Low Income Housing Tax Credit or the Florida State Apartment Incentive Loan (SAIL) Programs. In most cases the City will use HOME and SHIP funds to meet the required local contribution of the total project funding for these types of projects. The SHIP funds that are used in these types of proje�ts will either be in the form of a Deferred Payment Loan or Low lnterest Loan. ST�ATEGY #3 Downpayment Financing Assistance The City, through its Affordable Housing Programs and through eligible sponsors, shall provide funds for downpayment, closing costs and gap financing for very-low, low, and moderate income persons being assisted through the City of Clearwater's Challenge 2�00 Program. The Chaflenge 2Q00 Program provides reduced rate mortgages to very-low, low, and moder�te income residents of the City of Clearwater. The program provides downpayment assistance for eligible persons purchasing a home. The maximum gap financing shall be $2,750. The maximum combined downpayment, closing costs, and gap financing shall not be greater than 52,750. This assistance shall be in the form of a Deferred Payment Loan (DPL) with no interest and no payment due unless the home is sold, rented, or ownership is transferred. In the case of a DPL, a lien is placed against the property only as a recapture mechanism for the loan. Page 3 af 6 l. DAiA\CDO�SHIP.AJF Pro.gram Income Program incorne that wili be derived by the City from loan repayments, reimbursernents, or other repayrnents and interest earned on SH1P activities, shall be used exclusively for SHIP eligible program activifiies other than salaries or administrative expenses. Reeapture Provisions Eiigible affordabie housing units assisted with SHIP dollars may be subject to long-term recapture provisions similar to those used under the Federal HOME Program. The terrns of the recapture provisions will depend on the type of assistance provided. The rnajority of the DPL �nd Gap Liens issued under the Challenge 2000 Program will carry recapture and affordability terms consistent with the HOME Program. Corn�liance The City. will prornptly notify the Florida Housing Finance Agency if at any tirne during the terrn of this plan they wi11 be unable to comply with the provisions of our LHAP. 1V. TIMELINE FOR EXPENDITURES (See Attachrnent B) V. AFFORDABILITY The following chart, Exhibit I, based on Median Family tncome, may be used to determine quafifiication for an activity offered under one of the strategies within this plan. The chart describes the Income Lirnits and Rental Rates adjusted for family sizes. "Affordable" rneans that rnonthly mortgage payments, including taxes and insurance, do not exceed 30% of an arnount representing the percentage of the area median ir�come limits for the farnily size for that household, (i.e., very-low, low, or moderate income). It is not the intent to limit a household's ability to devote more than 30% of its income for housing as long as the arnount does not exceed 30% of the area rnedian income limits adjusted for farnily size for the income category. Vt. ADVERTISEIVIENT AND OUTREACH Outreach The Outreach Strategy to identify potential eligible recipients is to work closely with our local non-profit corporations who specializ� in home ownership counseling, credit counseling and homeowner rehabilitation programs, as we11 as existing City programs which target neighborhoods and code compliance activities. Outreach will be conducted via printed materials, newspaper ads and video tapes aired on the iocal Governrnent Access Television {GATV) to advertise availability of housing prograrns Page 4 of 6 L�pAiA1CpQ\SIIIPAJF � and funding sources. Strategies designed to select recipients of housing units to be built or rehabilitated include: 1. referrals toifrom non-profits/for-profits, and 2. periodic "Open House" sessions wherein the City and many affordable housing related organizations advertise for recipients and collect family size, inc�ome data and credit histories to determine eligibility for various forms of housing and related services. election The City will continue to publish annually a"Notice of Fund Availability (NOFA)" while SHIP funds are available, in focal newspapers serving general circulation and ethnic diverse neighborhoods. Selection of eligible sponsors is done by a"Request for Appfication" process in which the applications are competitively ranked. Applications will be scored and ranked no earlier than thirty (3�) days after advertisement of the application period. A minirnum low score has been established and the main weighted categories are: 1. Does the activity benefit very-low and low income individuals? 2. if the activity to be performed in one of the City's CDBG Target Areas? 3. Does the activity result in home ownershipt 4. What is percentage of other funds that will be used in the project? SHIP funds will be advertised in a publicatioc� of general circulation at least thirty (30y days prior to accepting applications. Recipie�ts The selection of recipients shall be on a first-come/first-served preference for all income eligible persons, except where certain hardship cases exist, which shall be determined by the City. All pcssible efforts will be made to accomrnodate very-low and low income families in order to exceed the minimum percentages required. Selection and the Expenditure of Funds will be done in a manner which will insure that there will be no discrirnination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or national origin. Eligible persons and sponsurs wha are recipients of SHIP funds will be required to contractually commit to the City of Clearwater and State of Florida SHIP Prograrn and Federal HOME Program rules and regulations. �T'he City will strongly encourage all eligible sponsors to attend all applicable SHIP/HOME workshops. Sales Prices The maximurn sales prices of new or existing hornes shall not exceed ninety percent,i90%) Page 5 of 6 �aonrn�coo�staP.n,iF of inedian purchase price as established by the U.S. Department of Treasury as amended from time to tirne. �Exhibit if1 Pro4ram Strate4ies: The Prograrn Strategies described in our three strategies will result in a reduction of housing costs to eligible recipients by: 1, relaxed lending requirernents as a result of implementation of the Challenge Fund. 2. below market interest rates. 3. create the opportunity for home ownership to rnany more very-low and low income residents, and 4, to expand the suppfy of safe, decent, and affordable housing to the residents of the City of Clearwater that would be unavailable without the imRlementation of our Local Housing Assistance Program. In terrns of our Partnerships, aS we move further along in our Prograrns, the Partnerships that have been developed will continue to strengthen and we will also work to build new and lasting partnerships. V11. ADMIMISTRATION The SHIP administr�tion allocation of not-to-exceed 10% will be spent the follovving way: SH�P Administrative Expenses (10% of Allocation� FY 95/96 Salaries & Benefits 555,884.00 Operating Equipment ,00 Travel/Trai n in g ,00 Supplies .00 Mernberships & Dues .00 TOTAL $55,884.00 VI11. CERTIFiCQTION PAGES (See Attachrnent C) Page 6 of 6 I :\OATAtC Qp�SHIP.AJf EXHIBIT I 1996 MEDIAN INCOME- PINELLA� COUNTY City of Clearwater Economic Development Department INCOME ELIGIBILITY LIMITS by US Dept of HUD Effective 12-07-95 Household Median 50% Median 80% Median 120� Size Income (Very Low} (Low) Median Income Income Income 1 Pe�son $ 27,600 $ 13,800 $ 22,050 $ 33,100 2 Persons 31,500 15,750 25,200 37,850 3 Persons 35,500 17,750 28,350 42,550 4 Persons 39,400 19,700 31,500 47,330 5 Persons 42,600 21,300 34,050 51,100 6 Persons 45,700 22,850 36,550 54,850 7 Persons 48,900 24,450 39,100 58,650 8 Persons 52,000 26,400 41,600 62,450 GROSS (UNADJUSTED) MEDIAN HOUSEHOLD INCOME -$ 39,400 L:1DAiA\COO\FORMSIINCOMELI.FRM Revi�ed 02/07/9B EXHIBIT 11 STATE HOUSING INITlATtVES PARTNERSHIP PRQGRAM * 90% OF MEDIAN AREA PURCHASE PRiCE LOCAL GOVERNMENT NEW EXISTING Daytona Beach MSA 106, 365 71, 686 Fo�t Lauderdale PMSA 124,187 108,726 Fort Myers - Cape Coral MSA 121,536 102,242 Fort Pierce - Port St. Lucie MSA 92,644 95,682 Jacksonville MSA 106,017 92,490 Lakeland - Vllinter Haven MSA 87,121 57,535 Melboume - Titusville - Palm B�y MSA 110,749 90,846 Miami PMSA 119,439 113,418 Naples MSA 106,365 118,264 Orlando MSA 95,838 101,707 Punta Gorda MSA 106,365 79,463 Sarasota - Bradenton MSA 106,711 94,995 Tailahassee MSA 106,365 90,055 Tampa - St. Petersburg - Clearwater MSA 88,679 83,491 West Palm Beach -Boca Raton Raton MSA 134,040 107,949 Monroe County 135,714 124,875 Other Areas 1 fJ6,365 98,523 "Source: Revenue Proclamation 94-55, U.S, Department of Treasury �.� EXH#BIT III 1996-1997 AVERAGE/MA)CIMUM AWARDS STRATECY #1 REHABILITATION OF EXISTING HOMES Proposed average cost per unit.. .................................................................................. $15,400 Proposed maximum cost per unii ........................... ....................................................... 20,000 Proposed 1996-1997 maxirnum cost per unit......................... ........................................ 20,000 Proposed 1996-1997 average SH1P cost per unit ......................................................... 15,000 Nurnber of households assisted . ............................................................................................18 STRATEGY #2 NEW COIVSTRUCTION/DEVELOPMENT OF HOUSING UNITS Proposed average cost per unit .................................................................................... $15,000 Proposed rnaximum cost per unit ................................................................................... 20,000 Proposed 1996-1997 maxirnum cost per unit.. ............................................................... 20,000 Proposed 1996-1996 average SHIP cost per unit ......................................................... 15,000 Nurnberof households assisted ............................................................................................11 ,�T$��"„�,Y #3 D4WNPAYMENT FINANCENG ASSISTSANCE EJCISTING HOME PURCHASE Proposed average cost per unit... ................................................................................... $2,583 Proposed maximum cost per unit .............................:........................................................2.750 Proposed 1996-1997 rnaximum cost per unit ....................................................................2,750 F'roposed 1996-1997 average SH{P cost per unit ............................................................2,583 Number of households assisted ...................... ....... ..............................................................22 �wc�wos.FaM i. t ATTACHMENT A HOUSING DELIVERY GOALS � � � � . . ; a � � . } r U � Z Q W = � U Q W J U a Z O a� z LL � Z W N ? � W p0 = t7 az 0 a� 00 J = LL � O W N w i� w � � � � � O � � � � �a d U `o U c a E � � � J � C! � �O Z , ATTACHMENT B TIMELiR�E FOR EXPENDITURES ; n rn rn � � rn o� � Q� W } J Q m � f- Z LL � = O Q '� J Q.' Q � J W V Z LL J � � U � �:, ,g. i % , ATTACHMENT C CERTIFICATIONS CERT{FICATIOIV TO FLORIDA HOUSfNG FiNAtVCE AGENCY Locai Government: City of Clearwater, Fiorida (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discriminafiion on the basis of race, creed, color, age, sex, familial status, handicap, religion, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. t5) Recipients of funds wilt be required to contractually commit to program guidelines. (6) The Flor+da Housing Finance Agency wil{ be notified promptly if the local govern- ment (or interlocal entity) will be unable to comply with the provisions of the pian (7) The Local Housing Assistance Plan sha�l provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforrns to the Local Government Comprehensive Plan, or that an am�ndmont to the Local Government Comprehensive Plan witl be initiated at the next available opportunity to insure conformance with the Local Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Agency within 21 days after adoption. (10) The trust fund shall be established with a qualified depvsitory for all SHIP funds as well as mon�ys generated from activities such as interest earned on loans. (11 � Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) 7he Iocal housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audit wil! be forwarded tc, the Agency as soon as available, (13) An interlocal entity �hall have its local hausing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Agency as soon as available. �:, , ,. Page -2- CERTIFICATION (14� SHIP funds wili not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Sirnilarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provialed for periods not exceeding 30 years, except for deferred pay- ment ioans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements. Witness Witness (SEAL) Kathy S. Rice Deputy City Manager Date od�i��9e is:ai C,� � '�4449 2889 �n�lQ7�i.Q c401n1��!! c��i�e��.d G7►ot�.•F�la E.D� A+�ttronG III vICGe,�o�e�d�iiirsJ Em�o�loD�p��t c�,.�« a w�ti m ti�c s� •�r nn. c�,�;t� �vc �O� �aalal T, Mann �'C K� nbnrki�l wb f icstlo iw t�IkR�l�tivru ��dr M►tchex v �r+et�t B.a�r Sam A.1�r�, II 7}��rr Ata Wtiktar Duseae r.�ur�ch.r� �c.=� c� i° lsbr Woodham P�r�at.CEO Boa►d ot at,�occors HadC 3�. Abdo D�.aid M Jlnddso C�da E Daha N�ca� ek+e jory�ad�. ]uod B�a Rcbas A, Sar+r.n Rob�e� rv. �t7+d )oan P. Ca�•�r �ich�od�ua• wvia Edwttl G Dro•�a R�,idc 1. Dr!(r t3.c1 S. � 1C�+n�h a S�c�{1�o0 �� a.n �.x�ee,�ce ct�y ��anln �m,aoaL Jchaam n�t x Iaaioo �Y K� t. H. a(oGtius+dn. �.. A�i.:ida Ll�ous Ar,co B. Mapn �a�k V. M�phy. U! 3nlio%Mc�ols xa�hr Shoss Rabon T,Lnads•itsulcd=o c,�,� �. sa�o� � L s�,� 3�e.� 1.3pa�ca �•m w s� a.�a p. s,� x c�asa. w� Ar,a W�nw. Doo jW )� qVtUi�reu TAMFA BA�C l�'' � � Ap�cil 12, 1996 CLWTR CAAI�ER r � �..� � t�001/002 C�f�EA�'ER CLEAf�W��'E� CH��MQEI� �F �UIV'1M�1�CE i�('i. ��0(/► A�r P,�i� �i� %4s%. 4E�►w�m R aae ��• a��/aa ��ao � �• ��X 0��1�9�2089 Ms. B��tx Deptula City Manac3er City af C].eaxwater F.O. BoX 4748 Claarwatex, FL 34617 Dear Setty: This is in responge to your �etter of April 1, 1,996 regarding the Ghamber cantinuinq ta manage tha Beach Welcome Center durang the RFP proc�ss. As you know, we �are'budgeted to ap�rate the c�nter through April, 1996, undar our currQnt agreement with the cit�y. W� have agr4ed to extend oporntions one montih tu�til the end oP rtay, 1996 a�nd will abmorb related expenaes. Since it may taka � longer time to Co�atplete the R.FP process, w� wi11. agree t� gurther e+xtend our ��rvic�s an a month to month basis provfding th� Ci�y og Clearwat�r wil�. compgnsate us for our expenses during such �ime. zn exohang• ior that consideration, beqinning Juna 1, 1996, we will agree to permit non-taen��rs o� our organization to display their promotianal material in the center. This will provide the following b�ne�ita. z. Th� taur�sm and oencierge servioe to our vi�itors would continue uninterrupt�ad and in a pro�esaional manner; 2. �his would be� a gdod opportuni�y for the city �o expsrience how the cham��r would operate tha Center on an impartial basis. It may algo allow tha aity the uniqu� oppor�unit� to te$t the proposed RFP guidelines. we wau�.d ba recQptiv� ta eigning an aqreement on th� above� and to tnake our records rec��►rding this service available to you while our �gr�ement was in effcct. Our annual op�ratinq expanmes ot� the center, includinq salaries, beriefits and other di�r ens�s i� $32,100. The manthly cos� tharefare wcu18 be 2675. A�y rev�nue we would g�n�rate trom rnerchandise, ticka es or CQnter adv�x�tising would be credited against f�ture vomp�nsa�i.on. 0 Ot/12/9a 16:61 'l�44� 288� CL�'TR CHAIdBER Banoh Welcomt Canter latter psq• 2 c�ooz�oa� w� also esk thr�t i! any adaitionAl ac;u�.pme,nt wvuld be needec� to perfotm twncti�ons �n additfon� to thos� Gurse.ntly be�ng done by our Chamber that th� afty would r�imburso the Chamber for tha�� axpenees (i.e. expsnsas o! ad8itiorial brochura racks so we oould include all beach bwcines$es). PleasQ r��pond to u� at your �arlie�st co�venience as t.here znay be a period o! adju�►tmant to considar. Thank you very much tor your �onsidoration. 3ince.rely, stephen R, Fowlsr , Chair7nan o! tha Baard 0 0 0 � Ud,• 12% 96 1J : 21 21'l� 8 28�8 �kecutivc commttte. CJI ��tR e�a�ard .�� a�� E.Q- Arsnstraa�, III vc o�.�..n+.t �ia►� Eer�o+nioa•r.�.p�vn+ Ckaries 0. �t�s, III �C S� Dkci�tsd /1naC�++[ilt `v� . '��+ vrw r. M„� vcM�up+r.a��ur t,.a;e Rd.00�r �ud� Mitchdi v sp.�a� sa�n.v•�� r..�. ne►n WUW�a Q+u�cau /n�n+.dutt Pet� e�atnrms �nUus �. Z.el�u t.��d co.� r��c� woQaw.b Pw:6��.t,Clto Bo�rd of Dir�cton Mui� N. Abdo D+ni�i M �1nclua (��t�e E Be1u Arsa C. Bm►nein C*s�ory B�osuu Jar�d 9� Roe.n n. e�u Robst 1Y. B�nd Iohn P. CcnooJly R'sah.rd-I+ian• D.r:d F.O•�ra C. Drat� lbtrick J. Uutty c,.ty s, c�.,r x� v, x�flwq w�n�„na� P1,11 M Hmdessan C3uy banta Go�doa L.Tols�t«� Nb�t N.In�cc Jcffrcy M�ttin 1. H. JdcLltc�+in� 1r. n�uad amta« 1►ar�c 9. (�sctA•n Prm+k V. Miuphy,lIl Ju1inF.I�hol+ Ka�l+y sl+oes RaDon T•tnudpRutlod4a bsryl ]. Soaa� rio� L Sawn gt�ptep� l. spmar Roaald W. Stuut DavtE P, stor,� R Gdtaa Wad ).s+a Wavax Dou�Ltl 1. Wiliiamx T�MPA BI�.�C � t;LH'l'It ��iA�lb�it � c��;rs�:e;uu� (;OMMISSICt�i �; APR 15 1996 `��,k '��i ��ss CLERK .' AT1'OF�NE�Y �f�EATEf� CLEA[��A�'ER cH�nna�r� aF con�nn�r�cE ,�e N.oscEOU �vc. P.o, eox a<��. a.�w�ro� � a�c, r• a,�4a,�oo„ • ��x a��/uQ-�aav i.F,soLUTZO�r Whereas, the Tampa Bay Buccnneers are a vital part of the Tampa Bay community, and; Whar�as� t.he �egional �cono�y will suffer a majar blow should the t�am leave thg ar�a, andt whereas, ke�eping the team ic dQpend�n� upon securirig th� funds fos a new stadium �nc� practice► ;�ieid, and; Whereas, the� Tampa Spozts AuthoritX, Hillsboraugh County, city of Tampa, Tampa Say Buccaneers, and the Natianal Football Leagu� have worked tog�thar to create legislation to enable the community to reta�.n �.he team, and; Whereas, the passinq of thie le►gislation would allaw for the voters to determine through r��erendum wheth�r or nat ta levy a 5� additional tax on automobile ren�a�ls in xillsborough Caun�y, and; wheraas, th� remainder oP the funds n�e►ded would coma from a combination og the Buoaaneers, �acility fees, state funding and sale of property, andr whereaa, if n�cassary iunding is secured the team will agr�e to remain in Tampa foY firili�.~ty years, Be It TharQfor� Resalved; The Great�r Cl�arwatex Chaiaber of Gonttm�rcc supporta HB 2701 and SB 2630, provided the lagis�ation be pasaed including a mandated referendum �o the vot�rs o� Hillssborough County. Pas�ed ansl Adopted this �� day of April, 1996. � Ste hen R. Fowlar Chairman of the Board ilete woodha.m President S�"• .� - * �� a �9�'ATEA.��OR� Clearwater City Cornrnission Agenda Cover Memorandurn SUBJECT: Budget Advisory Committee Item #: Meeting Date: ` f � RECOMMENDATION/MOTION: To provide direction to City staff regarding the status of the Budget Advisory Committee. [7 and that the appropriate officials be authorized to execute sarne, SUMMARY: — The Budget Advisory Committee is a long-standing citizen committee for the purpose of reviewing and making recommendations to the City Commission with respect to the municipal budget. The Committee consists of five members each of which is appointed by a single Cornrnissioner. The Committee has a regular scheduled rneeting on the second Thursday of each month. Meetings normally last from one and one-half to two hours. At the Budget Advisory Committee meeting of February 14, 1996, the Budget Advisory Committee requested that the City Commission offer the Committee a list of specific projects that the City Commission wo�ld like the Committee to address." Also, at the Commission worksession of April 15, individuaf Cornrnissioners indicated ttiat their individual appointees to the Committee have addressed concerns as to whether the Committee is of any use to the Commissioners. It is requested that the City Commission take one of the following actions: • To address the Committee's concerns and provide a list of spec:ific projects and provide a list of budgetary subjects that the Committee can address. • To re-engineer the scope of the Committee to be recognized as a"Fiscal Review Committee." The committee could be more task oriented dealing with such issues as • rate studies • analysis of specific projects such as the Pier 60 concession, financial planning for a new library, etc. • other projects as determined by the City Cornrnission • To abolish the Committee Reviewed by: Originating Department: Commission Action: Legal NA Administration Costs: NA ❑ Approved Budget ) Total ❑ Approved wiih Conditions Purchasing NA User Department: � Denied Risk Mgmt. NA Current Fiscal Year ❑ Continued to: IS NA Funding Source: ACM ❑ Capital Improvement Other NA Advertised: ❑ Operating Date: ❑ Other: Attachments: Paper: Submitted by: � Not Required Appropriation Code �%�'�'�'"��`` � Affected Parties ❑ Notified � None City� Manager � Not Required � Printed on recycled paper M 9 �-��-- � �°'�'�rf ��° BUBJECT: � Clearwater City Comm'ission '"� � Agenda Cover Memorandum � Individuals authorized to sic�n City checks. REC4MMA�iiENDATION JMOTION: 1 t em �! Meeting Date; � � � Adopt Resolution #96-30 which designates and authorizes the C�ty officials who can sign City checks, notify the appropriate financial institutions of the same � and that the appropriete officials be authorized to execute same. �3ACRGROUND : • • • Due to changes in personnel and department realignment the City needs to update who is authorized to sign manual checks. Jeff HarpEr, Director of Administrative services needs to be deleted since he no longer oversees the Finance Department. John Scott, Assistant Finance Director needs to be added to replace Jeff ; Harper. � • Jay Ravins, Finance Controller needs to be added to provide a third signature to the group that countersigns the City Manager group. This provides for three individuals that can sign �or each group. Reviewed by: Originatir� Dept; Costs: t Na Coa�aission Actian: Legal � finence Total C] Approved Bud9et N/A �� ❑ Approved w/conditions Purchasinfl N/A S n/e Risk Mgrnt. N/A Current Fiscel Yr. � Denied CIS y � �r Dept: O Continued to: A� Finance F�q� �rce: Other ❑ Cepitel Imp. Adverti sed: � Operat i ng Attacluaet�ts: Date- � Other Resolution �.�"-� Paper: � Not Required Stt�witted 6�y: Affected Partics ��--... O Not i f i ed �pP�'aP�'� at i on Cade: ❑ None � Not Required City M ager f :Z ��11�1j • ► ► • • . � A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING CITY OFFICIALS TO EXECUTE, BY HAND OR BY FACSIMILE SIGNATURE, ALL CHECKS DRAWN BY THE CITY OF CLEARWA�'ER ON CITY OF CLEARWATER ACCOUNTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to officialiy designate and authorize certain City officials to sign all checks drawn by the City on any account of any fund operated by the Ciiy in any bank where such account or accounts are maintained, either by hand or by use of inechanical check-signing equipment; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. All checks, drafts, notes or other orders drawn against City of Clearwater accounts normally shalt be signed by the facsimile signature of both of the following: Elizabeth M. Deptula City Manager Margaret L. Simmons Finance Director whose facsimile signatures shall be duly certified to said banks. If for any reason, manual signatures rnay be required from tirne to tirne, all checks. drafts, notes, or orders drawn against said banks shall be signed rnanually by Elizabeth M. Deptula, City Manager, or by one of the foltowing when designated as Acting City Manager: Kathy S. Rice William C. Baker and by one of the following: Margaret L. Simmons John C. Scott Brian Jay Ravins Deputy City Manager Assistant City Manager Finance Director Assistant Finance Director Finance Controller whose signatures shall be duly certified to said banks. No check, draft, note, or order drawn against said banks shall be valid unless so signed. Resolution No. 96-30 � � . A certified copy of this resolution shall be fon�varded forthwith to the various banks where accounts of the City are maintained, and said copy shall be the authorization of the City to such banks to accept checks bearing the finro actual signatures or the two facsimile signatures as listed in Section 1. �s,tiQn 3. This resolution shali take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Approved as to form and {egal sufficiency: Pam la K. Akin, City Attomey Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City C{erk Resolution No. 96-30 s � m � � � �' •� '' { /� �„ � � � j j t j v �,� r CLEARWATER CITY COMMISSION Agenda Cover Memorandum ltem # Meeting Date - - � Lf � �� SUBJECT: Dedication of real property as public right-of-way. RECOMMEIJDATIONiMOTION: Adopt Resolution Number 96-27. and dedicate as public right-of-way and as public utility easement that portion of Tract A, Unit 1 of PALM TERR.ACE SUBDIVISION as more particularly described in Exhibit A and depicted in Exhibit B, along with 14 additional parcels acquired for public right-of-way purposes, and having been recorded in the Official Records of P?nellas County, Florida, as identified in Exhibit C, Q and that the appropriate officials be authorized to execute same. SUMMARY: ► During fiscal year 1996 the City will undertake an improvement project to widen Highland Avenue from Gulf-to-Bay Boulevard to Union Street as a three lane neighborhood collector, having one north-bound lane and one south-bound lane seperated by a continuous left turn lane. ► Additional right-of-way was acquired to facilitate street alignment and to widen a number of corner radii to 35 feet for impr�ved safety. ► Twenty one parcels were initially identified for acquisition. Fourteen were actually acquired at a total expenditure of $6,500 in cash, plus improvements to be made to six properties during construction at an estimated cost of about $2,000. Seven parcels were subsequently determined to be non-essential for the project and efforts to obtain them were terminated. ► The City-owned parcel located at the northwest corner of Highland Avenue and Palmetto Street, along with the 14 parcels acquired from private citizens, will provide suff icient right-of-��ay to meet project specifications. Revtiewed by: � � � � Originatir�q t. Casts: N/A ' 9 Lega l -�,�'i i Eng i nee i�g = � —� ' �� I (Current fY) i Budget N!A , 1 f � , iUser Dep . ; funding Source: i Purchasing N� i � , � i Capt. Imp. � Risk Mgmt. N/A IS N A ACM � �,. ENG. � % �` OTHER ��, Submitted by �> City M `� ge�� Dedicete.Agn Advcrtised: Date: Paper: Not required X Affected parties notified Not required X Operating Other Appropriation Code(s) i i � Ccmnission Action Approved Approved w/conditions Denied Cont'd to Attachments: Resolution 96-27 with Exhibits A, B and C HIGHI�IND AVENUE - TYPICAI, CRO55 SECTION and � � • ► ► • � • A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING CERTAIN PROPERTIES AS PUBLIC RIGHTS-OF- WAY AND AS PUBLIC UTILITY EASEMENTS; DESIGNATING THE PROPERTIES AS ADDITIONAL RIGHTS-OF-WAY FOR HIGHLAND AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is the owner of the hereina�er described properties; WHEREAS, it is necessary to dedicate portions thereof as pub{ic rights-of-way and as public utility easements; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CiTY OF CLEARWATER, FLORIDA: ��ion 1. The properties described in Exhibits A, B, and C attached hereto, are hereby dedicated as rights-of-way and as utility easements for use by the general public and the City of Clearwater as their interests may appear. The properties shall be designated as additional rights- of-way for Highland Avenue. Section 2. The City Clerk is hereby directed to record this resolution in the public records of Pinellas County� Florida. �ection 3. This resolution shall take effect immediately upon adoption. PASSED AND ADQPTED this Approved as to form and legal sufficiency: ��' ----� --- John Garassas Assistant City Attorney Attest: day of , 1996. Rita Garvey Mayor-Commissioner Cynthia E. Goudeau City Clerk Resolut(on No. 96-27 fxHieiT a That portion of Tract A, Unit 1 of Palrn Terrace Subdivision as recorded in Plat Book 27, Pcage 42 of the Public Records of Pinelias County, Florida lying in Section 1 1, Township 29 South, Range 15 East, Pinellos County, Fiorida being further described as foilows: 6egin at the Southeast corner of said Tract A; thence N.89' 22' 44" W., 25.00 feet along the South line of said Tract A also being the Narth right--of--woy line of Palmetto Street (right—of—way width varies) to a point of cusp of a non--tangent curve concave Northwesterly and having a rvdius of 25.00 feet; thence leaving said line Northeasterly along said curve, 36.41 feet through a centra! ongle of 83' 26' S1" (C.B. N.48' S3' S0" E., 33.28 feet) to the Eost line of said Tract A and the West right—of--way line of Highland Avenue (60� right—of—woy); thence non--tangent, along said line, S.QO' 11' S5" W., 22.15 feet to the POINT OF BEGINNING. Cont�aining 132 square feet, more or less. . N o�s - 1. Bearings shown hereon are based on the East li�e of Northwest 1/4 of Section 11 � Township 29 South. Range Florido said line bears: N. 00' 11' S5" E. 2. Legal description rvas prepored by Cumbey �C �f'ai�� 3. This sketch a�d description wos prepared without the Southwest 1/4 of the 15 Eost, Pineltas County, Inc. fhe benefit of an obstroct of title. I HEREBY CERTiFY THAT T}-tIS SKETCH AND OESt�PT�ON MEETS TNE MlN1MUM TECHNICAL STANDARDS AS SET FORTN BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND l�APPERS IN CHAPTER 61 G17-6. FLORlOA ADMlNlSTRA17YE CODE. PURSUANT TO SECTION 472.027. FLORI�A STATUTES. THIS SKETCH ANO OESCRIPTION NOT VAUD UNIESS IMPRINTEO IMiN AN EMBOSSEO SUR`✓EYORS SEAL .. ^ ^ �` ��- �� SHEET 2 OF 2 SEE SH�EET 1 OF 2 FOR SKETCH CUMBEY & FAIR, INC. FLORIDA REG CONSULIING ENGINEERS AND LANO SURVEYORS 2463 ENTERPRISE ROAO. Ci.EARWAIER. FI.ORIDA �4623 797- 8982(CLVY� 223- 4333(7P/1) --a. :� SC�LE t' -?0' � D�TE 5/B/95 I OR/CHK pHR�KCL I JOB NO. 810A , SKETCH ONLY - NOT A SURVEY PARCEL 18 PROPOSED R I GH T-- OF— WA Y S�Ct10N 11, TOVYN�HIP 29 SOUTH, RANCE 15 EAST PINELIAS GOUNTY, FLORIDA � ; �9`'., ., : ExH iBi T e CURYE DELTA RAOIUS ARC CNORO TANGENT CHORO BRG 1 11' 13' 38' (C) 1462.69(C) 286,62(C) 286.16(C) 143.77 N 33' 27' 16" E(C) 1 1462.69(P) 286.62(P? 286.15(P) N 33' 28' 27" E(P) 2 83' 26' S1 "(C) 25.04(C) 36,41(C) 33.28(C) 22.29 N 48' S3' S0" E(C) 0 20 4o Q� SCALE IN FEET Q'O t • - 20' �O �/ �-�' �� EGEND �' R/IK � RIG�iT—OF—VYAY P06 = PqNT OF' BEqNNING {P) � PUT (F) � FlEID (C) - ca�cuu�n TR ACT A w _ �r' . � .-. .—'O O � o� Z N .� G w z � � � �-- � � � a v � ° N 3 s � 0 M 0 o� � � : u� r. � U- v •— . .— � O � cV � N N � Li � W � Z w � Q � � 0 o � � Z Q J _ � S 89' 22' 44" E � 25.00 (C) ! NORTN R/IM1r UNE 131.93' (C) N 89' 22' 44" VY P. �. B. — I, N 89' 21' 30" VY 156.93' (P) SOUTNEAST = , CORNER OF PALM ETTO STREET . 'RACT .4 ' (R/W WIOTH VARIES) SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION SHEET 1 OF 2 SKETCH ONLY - NOT A SURVEY CUMBEY & FAIR, INC. � CONSULTING ENGINEERS aND I�ND SURVEYORS 2463 ENTERPRISE ROAD. C1.�IlRVYATER. FLORIOA 34623 79�-es82(avh z2s-4�3�(��) SCALE ��- 20' � DI1TE 5/B/95 � DR/CHK DHR/KCI, ( J08 N0. 810A PARCEL 18 PROPOSEQ RlGHT--OF--INAY SECTION 1 t, TOWNSH�P 2p SOUTH, RnNCE 15 E/�ST �'�NEIIAS COU►�Y, f'LORIb� RE�S� �ir1�n Nc?. �fi—?7 �� *:��, .. PARCEL # E�l 4 5 6 � 9 10 11 12 1�:/ilii y�� HIGHLAND AVENUE ACQUISITIONS TO BE DEDICATED A3 PUBLIC RIGHT—OF—WAY DE3CRIPTION A 50 SQ. FT. CORNER TRIANGLE FROM LOT 1, SL . D, HIGiiI,AND GROVE SUB . A 50 SQ. FT. CORNER TRIANGLE FROM LOT �8, BL. C, HIGHLAND GROVE 8U8. A 50 SQ. FT. CORNER TRIANGLE FROM LOT l, BL. C, HIGHLAND GROVE SUB. A 50 SQ. FT. CORNER TRIANGLE FROM LOT 1, BI, . A, CREST LARE PARR SUB. A SO SQ. FT. CORNER TRIANGLE FROM LOT 8, BL. G, CRESTLAKE SUB. A 50 SQ. F'T. CORNER TRIANGLE FROM LOT 8, 8Z. D, CRESTLARE SOB. A 224 SQ. FT. STRIP FROM THE WEST BOUNDARY OF I,OT 15, GLENWOOD SUB. A 356 SQ. FT. STRIP FROM THE WEST B(3UNDARY OF I�OT 16, GLENWOOD SDB . A�!� SQ. FT. CORNER TRIANGLE FROM LOT 8, GI�ENWOOD SUB. 14 A 50 SQ. FT. CORNER TRIANGLE FROM LOT 7, A REPI,AT OF BL. A, OAR HII,LS SUB. 16 A 50 SQ. FT. CORNER TRIANGLE FROM LOT 1, A REPLAT OF BL. A, OAR HILLS BUH. 17 A 50 SQ. FT. CORNER TRIANGLE FROM LOT 1, BONAIR HILL SUB. NO. 4 21 A SO SQ. FT. CORNER TRIANGI,E FROM LOT l, BL. B, HIGHLAND TERRACE MANOR 8 US . 22 A 50 SQ. FT. CORNER TRIANGLE FROM A PORTI�N OF 'THE EAST 430' OF THE SOUTH 33�' OF THE NW� OF THE SW,�, OF 02/29/15, PINELLAS COUNTY, FL. RECORDED AT O.R. 9262 PGS. 346 — 349 O.R. 9246 PGB. 82? — 831 O.R. 9245 PGS. 1509-1512 O.R. 9256 PGS. 1357-1360 O.R. 9195 PGB. 545 — 548 O.R. 9195 PG3. 355 — 358 O.R. 9262 PG3. 336 — 339 O.R. 9195 PG3. 336 — 3�0 O.R. 9195 PGB. 3�9 — 352 O. R. 9181 PGS. 1906-1909 O.Ra 9256 PG3. 1367-13?0 U.R. 9181 PGS. 1914-191? O.R. 9231 PGS. 687 — 690 O.R. 9181 PG3. 1918-1921. ;' ; cn � � lil � � li_ � (j !il � , ci l' � ` F" �_" !Y_ � �Y i�� ic C' f1_ w (l � 1tJ17 ,h'�:�� I�IX� '- � `� � � -r — — — i �i _..j_._--- --- . _ ----._._. . __ ____-r' � - , ' � --. _._.. __ �. i i ' � __ _. - - m l/) � � _ --�--- --- --..�.--- � �`' � J v. !- ` -� 1 i I L� U Q �"> > �� } � z S '-- l.il b'� � O w � N � � Q: �� (n � (n _..L�. _ O tf� C`J - l�—_ � � r.'} � �1.� �2. d > �n i n F-�-- = � y w �� C� � ] 1-` � � � O � l/1 �' W V � Q Q Q� � Q > l/) - C: \ C L < c: ; � c� i c � � i ;� - � C U � � 4 � C �'- i � Q O U U C3� � � Q 0 � � W � J C' Z > � � L a _, � z � � �-- W Z Q J � 7 } � 0 F-- z � � w 0 Q � � L� J � � 0 � � �1 ��N 0 0 �� —_ ��^ ti �- � w � � �� a vQ � o �� a �r,ow o� � � � U 0 ^ J _, U - � �, o _� ___.... ._ __._. __ __ � _ 1___� JNI"1 M/2J '1 �IX�3 != 0 i-- Q 1�1 J O m d � � � � mm W Z �- �� N � « a � � F- 1 � �, � ��i �a� v � � G n c7 �- ; ... � cr �= t � 1 (T] o n �^ _ o �, ': n. � r•1 ll. ZI O � U W (/') J Q U 1.�L � � H � o � p oo� c� �ri r� d f� ,�. t+�p � `r M � (D � ¢Qc �- �- � �� 000 o O O O O O O O � lD 00 h d N t M (O (p Q Q Q 1- F- E- � N N N 4� � � O oZ ^ _ �- o u Z �° Z � � � u U '� a � �o �� f o � � � a �.�'. o �i '� Z m � �0 � ' ; D� > �` F r m m � �� N o u io F�� Q1-� 1L1 � � ��1� LJ F�i � d F, Az aw� �� ¢x w � w v� � A C5 � � ci wzW � wz owz �ZW E-� � U w "'�: �a"`,� ,,,�;�t °'o� p �.. �s :,'isf� � +�L/ �� '.�,� c�E►1;,��`r �LM///�� :� ti: L . .� . �. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FOLLOWING ALLEYS IN PINECREST SUBDIVISION; ALL OF TFiE NORTH/SOUTH ALLEYS IN BLOCKS 1, 6, 9& 10; ALL OF THE EASTNVEST ALLEYS IN BIOCKS 1, 2, 5, 6& 11; THAT PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF LOTS i, 2& 3 AND EAST OF LOT 8 AND THAT PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF LOT 14, AND EAST OF LOTS 15, '16 8� 17, ALL BEING IN BLOCK 2; TFiAT PORTION OF THE NORTH/SOUTH ALLEY LYING WEST OF LOTS 3& 4, AND EAST OF LOT 5, IN BLOCK 11; AND THE FOLLOWING ALLEYS IN PLAZA PARKADDITION SUBDIVISION, THE EAST/WESTALLEY AND THAT PORTION OF THE NORTH/SOUTH ALLEY LYING EAST OF LOTS 3, 4, 5& 6 AND WEST OF THE SOUTH 45 FEET 4F LOT 7 AND WEST OF LOT 11, ALL BEING IN BLOCK D, SUBJECT Ta► ALL OF THE VACATED ALLEYS BEING RETAINED FULL WIDTH AS DRAINAGE AND UTILITY EASEMENTS; PROVIDING AN EFFECTIVE DATE. �� WHERE�4S, Richard J. Baier, City Engineer, has requested that the City vacate the alleys described in Exhibit A and as depicted in Exhibit 6 attached hereto; and WHEREAS, the City Commission finds that said alleys are not necessary for municipal use and it is deemed t� 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: ,�,►e�t'lo�. The alleys listed on Exhibit A attached are hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and 3nterest thereto except that the City of Clearwater hereby retains drainage and utility easements over the described property for the installation and maintenance of any and al! public utilities thereon . Sect_____�'�o _2. The Cit�r Clerk shall record this ordinance in the public records of Pinellas County, F{orida, following adoption. Sectior�$. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASS�D ON SECOND AND FINAL READING AND ADOPTED Approved as to fonn and and legal sufficiency: ��_�� .. John Carassas, Asst. City Attomey Rita Ganrey, Mayor-Commissioner Attest Cynthia E. Goudeau, City Claric Ordinance 6016-96 L �. EXHIBIT "A" ORDINANCE 6016-96 CITY OF CLEARWATER VACATI�N REQUEST 96-03A ALLEY VACATIONS IN PINE CREST AND PLAZA PARK ADDITION SUBDIVISIONS The following alleys in Pine Crest Subdivision, as recorded in Plat Book 1, Page 66 of the Public Records of Pinellas County, Florida, described as follows: The East/West and North/South alleys in Block 1; All of the East/West alley and that portion of the North/South alley lying West of Lots 1, 2& 3 and East of Lot 8, and that portion of the North/South alley lying West of Lot 14, and East of Lots 15 through 17, all being in Block 2; The East/West alley in Block 5; The East/West and North/South alleys in Black 6; The North/South alley in Block 9; The North/South alley in Block 10; All of the East/West alley and that portion of the North/South alley lying West of Lots 3 and 4, and East of Lot 5, all being in Block 11. The following alleys in Plaza Park Addition Subdivision, as recorded in Plat Book 5, Page 53 of the Public Records of Hillsborough County, Florida of which Pinellas Cou�ty was once a part, described as follows: The East/West alley and that portion of the North/South alley lying East of Lots 3 through 6 and West of the South 45 feet of Lot 7 and West of Lot 11, all being in Block D. Li0A1S.Wl3 V96Q3A - REVISED 3R6/96 0 Ordinance 6016-96 e � wz i < E_XNI�II .,ti„ _ . . _ _ . - . -- - --_. � ' �.; � �* - --�.. ,-•. ___ _.. �� ,----T-- � S � . � E . � � ',�. t f � � ; i +. -- T { �-. -.-� = -- --1 � , ; 6 � _.____.� ' �,_ I � � a, , ---1 °- -9 f 50 � s 6�_ _�- � 5—�-- � �1 ' I � v��uE � rG SrREE � -- -� _ _. r+�c►+aso�+ 20 ` i- t9 1 �2 9 8 _`< t e^ 2 }-- �7 ^ 4 16 14 t1 10 7 � IS g S�REET _ o � . ' _ 19 i3 t2 9 8 �� 8 5 } �, z � � �� 10 7 � z a -- � t6 �� 1t 5 � t5 6 B t 7 2 W � 6 t0 3 5 � 5 4 � uAPLE ST. 46 � • t 8 � o I � S f ��., �% ..0. �i � �s �% , s : ?II N /IIMI/I //I S f : . w � 2 i N .�, W 1�►� II♦ e �EGEND ;;� • PROPOSED ALLEV VACATiON Sp 3 W � u SEA�iNO�E 20 t t} t2 9 8 6 5 ♦ 3 2� t9 2 � � v TFD OR 1 V CAT[ 0 7115 18 oc �na } g ° 'o 7 _s- 17 $ 4 � ? t6 >>3 t4 15 t6 5 t� tt 10 7 5 10 t5 6 i1 ELORIp� STREET t6 15 14 T�� mnOO t� 9 I B 15 -,�� H < Z � 6 � J 2 1 � I � tz ° I Z 3 z 8 v c. o. �.ei Z 61 � a g 10 11 1Z 13 14 MAPLE i—�—T-f-�--i--:—I—;---�--�---i ��--i—i--'r-� $ F--i'-+_"4"�- ' , i i t � � i � t— • �--- � * pir O+M+ID = • t5 w � � �� . 10 19 1�B 1) tN t o t4 t} ty lt t H t♦ 13 12 11 1 g +� �2 tt e� i � � �Ef S1 � t3 t0 � � : 1 3 4 S 6 7 8 9 10 3 H � � 2 1 2 4 5I6 7 8 � t♦ 8 9 s E t5 8 R � � PU1A STREET 16 v � Z � � ■ • , 4—~' � ' . • II , 9� } Y � Q a 5 6 12 � g 0 t3 1 7{ 15 16 17 � E� IB , 9� �Y 14 t C 3 n�i m� a oi 15 t W 12 11 7 � ° g� , 16 t S 10 9 8 S `i 17 � 6 r p .lONES .. � 16 19 i 20 19 t�� f� � �4 13 12 11 20 i 15 2� A � 2 J l 5 6 � 8 9 10 23 21� � i < < z < > S�' N z z W a ��o , ' ', ' ' , � / � � S.R 590 ___ __ DRE +"�. CIfY OF CLF.ARTATER PLORJD� �F s PLAZA PARK ADDITION b ENGINEERINC DEPAR'TlIENT ALLEYWAY S7ATUS DRAWING �� . �rn �� ENCINEERINC SERVICES Y n 6 �� i � � � � a� I� I 3 I 4 �� y � , ! � J � � i i i L_1�J - - y - 1 � s� 2 3 � � ) 8 i i � 1 � � , . a� I °� � ,", R .. w "u*�.�. :, .i. ...�.�n ' v �- n�r Y M � � ..... ,rnn� ""'r tl�s ' _._._ Ordinance 6016-96 Apr-18-96 16:31 Clearwater En�. Services 813-462-6641 --- � � � � CIT'Y OF CGEARWATER Interdepartmer,ts�l Memorandum ADM08-02 TO: Betty Deptuta, �icy Managzr .� �iitU: R' Baier, City Engineec � , FRpM: Tom Miller, Assistant Direc;t r af EngineeringlENV COPI • Environment:s!! A�lvisory Board Kathy Rice, Deputy City M�nag�r W.G. Baker, A�sistanc Clty Mana�e� Cyndie Goud�au, City Clerk Gwen Legters, 5taff Assistant ii DATE: S[JBJECT: Ap[il 18, 1996 April 17, 19�b EAB Action for Commissipn cunsideratic�n At the regular meetin� c�f the Environmental Advisory Board un April 17, 1996, the Hoard took several aetion,c that wili r�qulre City Commis�ian cansideration and a��proval. As the helaw referrc�cl subjec;ts uf the EAB would nc�t c►th�rwise be addressed thrc�ugh the rautine exercise of Env[ronntental duties as agenda item.�, or as in the case ot the fir:;t item, is very time sensitive, I am reyue.titing th�st th�y be addressed to the City Cornmission within the cc�ntext c�f th� City Manager Verbal Reports, The EAI3 motiUn.ti aze as futlows: l. Mangrove Trin�min� and Pr�crvutiun Act Mutian: Reconunend that the City C'ommission lobby the State House of Reprcsentatives to prtiserve approved Senate language ia SBS08 ta lirnit the exteat of allowal�le trimming to 6596, in g(� cases, and that the a,�e�a ofpr�e-trimrned mangroves not be grnna�J'athered from future permitting and the above be made a part of th� Haust Bill that amends the mangrove Trimming and Preservation Act. 5taff Comment: LSSUe: Presently, the Senate BI11 restricts ri�arian fringe mdngruve trimming t►y the Public to 6596 of their linear shoreline in an attempt to allow ;�5qb of the riparian mangrc�ve shcueline t0 gfOW naturally. 'Y'his recugnizes not unly the Purlie's necd to h�ve ri�ari�n view �cce.ss but �lso the envtranmental value c�f mangrov�, a primary bil! int�nt. Th6 H�use is now arguing �rhat this Senate restriction is �verly restrictive �na is attempting to exempt pr�pertie,s wlth 150 feet ar te,ss of shoreline from this 6S90 limit. City Staff �nd the TBNEY had requested 5096 euerywhere, hut were �ertait�y pl�ased witlt the 659b Senate Bill requir�ment. Staft dc� nc�t agree that inciivldual properties should be exem�,t ancl therefc�re support the EAB's request for Gommi�sicln intervention, P.Ol _; , ; � �� • � • �: 7 r i' � PRELIMINARY AGENDA Clearwater City Commission Worksession - Mond�y, April 15, 1996 following CRA which begins at 9:00 A.M. but no later than 10 A.M. Clearwater City Cornrnission Meeting - 6:00 P.M. - Thursday, April 18, 19y6 Service Awards Convene as Pension Trustees Reconvene as Commission ED ECONOMIC DEVELOPMENT 1. Res. #96-25 - Accepting recommendations of the City's Neighborhood & Affordable Housing Advisory Board (NAHAB} and adopting a Local Housing Assistance Pian for the City in accordance with the State of Florida State Housing Initiatives Partnership (SHIP) Program provisions FN FINANCE 1. Agreement with Pinellas County Tax Collector for billing and collection of assessments for the City's Special Assessrnent District No. 95-01 (Sand Key Power Line Burial) with reimbursement of Tax Collector costs at $1 per tax bill, not to exceed $9,330 (Consent) 2. Res. #96-30 - Authorizing City Officials to execute, by hand or by facximile signature, all checks drawn by the City on City Accounts 3. Declare obsolete, worn out or excess, articles of furniture & office equipment resulting from move to new facilities, as surplus personal property; authorize disposal through donation to charital�le organizations in the local area (Consent) GAS GAS SYSTEM 1. Purchase of gas meters & regulators from: M.T. Deason Company, inc., Birmingham, AL, at an est. $98,436; National Meter Parts Inc., Lancaster, OH, at an est. $45,086; American Meter Company, Roswell, GA, at an est. 567,641.50; Avanti Company, Avon Park, FL, at an est. $2,916; Fisher Controis International Inc. c/o Key Controls Inc., Tampa, FL, at an est. $17,382.4Q; & Ternpaco of Pinellas, Clearwater, FL, at an est. $8,475; for the period 4/18/96- 4/17/97, for a total est. 5239,936.90 2. Contract for installation of polyethylene gas main on Ridge Rd. & Mitchell Bypass Blvd., re Pasco County Gas Expansion - Phase III, to Burnup & Sims Telcom, Inc., Tampa, FL, at an est. $433,389 PW PUBLIC WORKS 1. Purchase of fire hydrants from U. S. Pips & Foundry, Birmingham, AL, for the period 5/24/96- 5/23/97, at a total est. $78,393 (Consent) 2. Increase amended purchase order for purchase of Slag (Cold Mix) from APAC-Alabam�, Inc., Birmingham, AL, by S7 3,650 to finish out FY 95/96, resulting in a total of 538,220 (Consentl 4/15/96 1 EN ENGINEERING 1. Direction re Landmark Drive extension (7:30 p.m. Thursday night) 2. Res. #96-27 - dedicating certain properties as public rights-of-way and as public utility easements; designating the properties as additional rights-of-way for Highland Avenue (portion of Tract A, Unit 1 of Palm Terrace Sub.) 3. Del Oro Storm Replacement Contract - Phases 2& 3 to Rowland, Inc., Pinellas Park, FL, for 5598,025 4. Amendment No. 1 to Agreement for consultant services for development & implernentation of a Comprehensive Watershed Management Plan for the Alligator Creek Watershed to Parsons Engineering Science Inc., for design of a wetland rnitigation & stormwater treatment project within the Alligator Creek drainage basin, a cornponent of the De1 Oro Phase 2 Stormwater Rehabilitation Project, for $106,789 5. (Cont. from 3/21 & 4/4/961 Public Hearing - Approve City's request to vacate that portion ofi the north/south alley lying West of Lots 3-6 and East of Lots 7-10 in Blk 3, Pine Crest Sub., and deny request to vacate the a{ley West of l_ots 1& 2 and East of Lots 11 & 12 (City, V96-03B) 6. Contract for Traffic Engineering Services Field Operations Complex to Hennessy Construction Services, Corp., for $406,668.15; approve related expenditures of S 19,700, for a total of 5426,368.15 SW SOLID WASTE 1. Contract for replacement of 1 truck scale to Dickey Sc�les, Inc., Tampa, FL, for $38,301 (Con�ent) CP CENTRAL PERMITTING 1. (Cont. from 3/21 /96) Public Hearing & First Reading Ords. #5989-96 &#5990-96 - Land Use Plan Amendment to Commercial General & CG Zoning for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring / Natalie Moyles, Trustee, LUP96-G1, Z96-02) 2. Public Hearing & First Reading Ords. #6014-96 &#6015-96 - Annexation & RS-8 Zoning for property located at 3014 Carolina Ave., Bayview City Sub., Blk 5, Lot 9(John J. & Dorothy A. Kach, TRE, A96-12► 3. Public Hearing & First Reading Ord. #5992-96 - LDCA revising density conversions for nursing homes & residentiaf shelters, and rev�sing parking regulations for nursing homes, residential shelters & group care facilities (LDCA96-05) 4, Discussion - D�wntown Plan Zoning Amendments tWSO) 5, Receipt/Referral - LDCA excluding city-owned property frorn eligibility for minor variance consideration, excluding any property from minor variance consideration where variances are granted iri excess of specified limits, and allowing rninor variances for freestanding sign setback up to five feet (LDCA96-101 CM ADMINISTRATION 1, Disc�ssion of direction re North Greenwood cornrnunity rneeting issues (WS01 2. EAB actions for Commission consideration (WSO) 3, Direction re Hillsb�rough County property 4. Scientologist request to close off one southbound lane of Ft. Harrison Ave., between Pierce St. & Franklin St., on 5/10/96, from 6 p.m. to midnight 5, Direction re Beach Welcome Center 6. Discussion - Homeless Shelter 4/15/96 2 1 , Appointment of Vice-Mayor 2. Legislative Update CLK CITY CLERK CA LEGAL DEPAFiTMENT Second Reading Ordinances 1, (Cont. frorn 3i21196) Ord. #5972-96 - Amending Secs. 35.11, 40,424, 40.434, 40.444, 40.464, 40.474, 40,503, 40.523 & 41.053 - LDCA establishing "Research and Technology Production Uses" (LDCA96-02) 2. (Cont. frorn 4/4/961 Ord. #6001-96 - Vacating north/south alley lying between Lots 1 1, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E, �. Marshall's Sub. (Discaunt Auto, V96-02) 3. Ord. #6005-96 - Amending Sec, 20.3811) t� provide for notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted for lot clearing ordinance violation 4. Ord. #6009-96 - Annexation for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) 5. Ord. #6010-96 - RS-8 Zoning for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) 6. Ord. #6011-96 - Annexation for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.�6 (Daniel M. & Anne#te Macre, A96-1 1) 7. Ord. #6012-96 - IL Zoning for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.�6 (Daniel M. & Annette Macre, A96-1 1) First Reading Ordinances 1. Ord. #6016-96 - Vacation (City V96-03A) OTHER CITY ATTORNEY ITEMS City Manager Verbaf Reports Commission Discussion Items 1. Budget Advisory Comrnittee request to Cornrnission Other Cornrnission Action Adjourn 4/15/96 3 To: FROM: COPIES: Mayor Rita Gardey Betty J. Blunt, Confidential Clerk Receptionist City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the April 15, 1996 Work Session DATE: April 15, 1996 The following presentation will be made at the April 15, 1995 Work Session, �� ohn Weppler, Gas Department (letter of appreciation and A pin with city seAl) �homas Mahony, Engineering Department (letter of appreci�tion and a pin with city seal) �Q..xe� �ames Seymour, Parks & Recreation (letter of appreciation and a wall clock) ward Burke, Engineering Department (letter of appreciation and a wall clock) illiam Brown, Park & Recreation (letter of appreciation and a desk clock) 1 i ✓Susan Stephenson, City Clerk (letter of appreciation and a plaque) 2�, vears �'homas Miller, Police Department (letter of appceciation and a watch with city seal) SEAI�� tZ .�� R � i � , 9��rE ��° ' �.. � Clearwater City Commission Agcnda Cover Memorandum I�ORKSESSION ONLY � • � �' � �D SUBJECT: Downtown Plan Zoning Arnendrnents. Item # Meeting Date: RECOMIVIENDATION/Mf�TION : Work Session Discussion on Downtown Plan Zoning Amendments. ❑ and that the appropriate officinls be authorized to execute same. SUMMARY: in March, the Commission provided staff with direction regarding some of the zoning amendm�nts necessary ta impierr�ent the Downtown Redevelopment Plan. Prior to setting public hearings� and notifying property owners regarding these changes, staff wouid iike to confirrn its understanding of this direction. First, the Cornrnission directed the relocation of the UC(C-2) zoning line eastward one block to Prospect Avenue. This is illustrated on the attached rnap. Second, th�e Comrnission directed the staff to rethink the intensity bonus concept to establish a"cap" on the bonuses. Our translation of this direction is provided in the attached tables. We hope to be able to finalize these change and go to public hearings in May (May 21 - Pianning & Zoning Board) and June (June 6& 20 - City Commissioni. Staff will provide more detail to fihe Commission regarding these zoning changes at the work session. Reviewed by: Origi�ating Dept= Costs: S N/A Comnission Actia�: Legal N�A CENTRAL PERMITTING Total C) Approved Budget N/A G�� ❑ Approved wtconditions Purchesing NIA $ ❑ Denied Risk Mgmt. N/A User Dept: Current Fiscat Yr. C1S N A O Continued to: ACM F�r�di ng Source: ❑ Capital Imp. Advertised: � operaCing ptta.-hme�nts: Date: � Other '� Paper: STAFF ZONING PROPOSAL � Not Required Su6mitted.by: Affected Parties City Mannger /�� Notified �PP��P�iation Code: � ❑ None � Not Required � �.a Printed an recycled paper -_. , �� ;`, i^. i� , _. _ �` `t �..~�_. _ , ., .;.�.�r ` n "tr.. _ [�' i..... _ .._ .... ._. . _._._...�.� 1..._..--- �`.+1I R�. �� { . . �. � nl. ......`ininrnl�i � �j��':. � ( _.....-1^v_..'+7rrJ'Tl1fT .__.�l-_ i�T�rm7; -' 1 . ,.__. � __._ ,�,�, _ _ _ I .- - _ , . _ �� __. � ......'_1.t3�)�__._----� _ :vM �1 1 J� _. � �1) 1 = _ ..__./� !__,_ LYq�f! � __- _ . __ ��. � L - -- � r�-A 1 �lu � i ' tit.��.xI(77� ":if_a. _ .. . .- �S '� , r --�m, � ;' � 1�,Y � 11GJti311J^_� ' � �` N ""_--�..-._.._._._ I i� �Ilt�1�_�i'�.i:.Md w � GNnt):7v ��rnv 1 ' f4 � `' � , � __ _______1�C�__.____ ___ . � 7(�h1��_--tP6'� � �_ _. -I1-_� , � �' t ___1 + , __- -- �,. i��99p�� uno.^ ' I I 3nN74v NI�JN�t S .__.....-______ I � �. 3nv �+OSr3i?,]�.-- - K1i�ti---�� . 3nr iano55iw �nr �+as�ar 3+r "A1 �� —�I . � � �_\� �� m � i r� \ t7 } J T n � ; 0 � M � Q7 O � � F�4 C� � � H � � � � � � � � � � � N � � � C� � � � a � a 0 a � A � � � � 0 a�� aW� a��z �aA E+ O H HOcl� �wa u u u ��a � � BONUS PROVISIONS FOR UC(C-2) FLOOR AREA RATIO, HEIGHT BONUS REQUIREMENTS AND DENSITY (All Must Be Met) FAR - Up to 6.0. ►The development is a rnixed use project incorporating pedestrian-interest uses (see Height - Up to 220 feet. section 40.486(6)) on the ground floor with resident�al, hotel/motel and/or office uses on Density - Up to 85 residential or hotel/ motel the upper floors. units per gross acre. ►The structure and site design is determined to substantially contribute to the architectural character of the area by the design review board. ► EITHER: The amenity area provided for in subsection (7) below is , increased to 30 percent of the lot area; OR � The development contains a residential component of at least 30 % of the total development floor area, with at least 20 % of the total number of residential units being affordable housing. ',� BONUS PRO�TISIONS FOR U�(C-1) AND UC(E) FLOOR AREA RATIO, HEIGHT BONUS REQUIREMENTS AND DENSITY (All Must Be Met) FAR - Up to 4,0. ►The development is a mixed use project incorporating pedestrian-interest uses (see Height - Up to 150 feet, section 40.486(6)) on the ground floor with residential, hotel/motel and/or office uses on Deasity - Up to 85 residential or hotel/ motel the upper floors. units per gross acre. ►The structure and site design is determined to substantially contribute to the architectural chazacter of the area by the design review boazd. ► EITHER: The amenity area provided for in subsection (7) below is increased to 30 percent of the lot area; OR The development contains a residential component of at least 30 � of the total development floor area, with at least 20 % of the total nurnber of residential units being affordable housing. �M � SUMMARY OF ISSUES RAISED AT NORTH GREENWOOD COMMUNITY MEETING 1) Marshall Street Water Poliution Control (WPC) Plant Concerns: a) look for alternatives to locating this and future expansions at this plant b) Consider moving the existing plant out of the N. Greenwood area c) alleviate odor and noise coming from the plant d) address allegations that plant is causing devaluation of property values e) how assure reclaimed water doesn't mix with potable water fl address safety of chemicals used at the plant 2) Utility Rates a) belief that di 'fferent areas of the City are charged different rates b) question re lower rates in N. Greenwood area because WPC plant is there c) general concern re utility rates being too high and detrimental to businesses 3) Stevenson's Creek a) the need to dredge the creek b) odor coming from the creek c) aNegation of sewage being in the creek 4) Miscellaneous a) request for additional parking for Greenwood Panthers and other activities. b) perception the N. Greenwood community gets those things not wanted in other communities c) ques�ion re Plumbing code being in conflict with State Statute d) allegation of dirty water coming through pipes, sewer rats in toilets. T� Ct -' 2 ��C"-s�-�t. L ) [� C L �� -�� y-• �a �:1°�-i�..-r ,�--lY.f-.r C_�ry-� C�.s'� l/ 7,� C.� �'"� -s a•(�CC..- L.� T/ , � %/ �/ �± �--f-� 1..�-- t"`s-asJ.-�r y,._t. �-. at !. - / >--� G-'-'" c� -`.�-.r'_.L'- %-� � � � y"1 / C ITY OF C LEARW ATER ��/�� . Inlerclepurtmentul Memorundum /�"�.�iT�^ � � � / ADM08-02 TO: Betty Deptula, City Manager � 1 THRU: Rich Baier, City Engineer FROM: , �fi Miller, Assfstant Director of Engineering/ENV COPIES: ` Environmental Advisory Board Kathy Rice, Deputy City Manager W.C. Baker, Assistant City Manager Cyndie Goudeau, City Clerk DATE: SUBJECT: April 7, 1994 March 20, 1996 EAB Action for Commission consideration : t_:_. , � r- �. r .. . . � . . F � : . :� )�V� ; i i 'r' � � r ' -bi,`�i�=�fii.;i�.�`' At the regular meeting of the Environmental Advisory Board on March 20, 1996, the Board took several actions that will require City Commission consideration and approval. As the below referred subjects of the EAB would not otherwise be addressed through the routine exercise of Environrnental duties as agenda items, I am requesting that they be addressed to the City Commission within the context of the City Manager Verbal Reports. The EAB motions are as follows: 1. � I.andmark Drive Extension, Lake Chautauqua, and Camp Soule Motion: Recommend that the City Commission actively pursue providi�tg funds to augment the private funds being collectQd, if necessary, to help ensure the Cmnp Soule prnperty is purchased Reclaimed Water Motion: Recornmend that the Ci1y Commission direct Staff to include a questiofinaire in the water utility bills to detennine the level of public interest irt huving reclaimerl water for private or commercial use, as the effort will likely exceed eight hours of staff tirne to interpret the results of the Public response. Please let me know if additional information is needed or if fi►rther action by Engineering is requireci at this time. The next regularly scheduled meeting of the EAB is April 17, 1996. � �, �M ,�� C1TY OF CLEARWATER Visitor Informatiort Center Sug�ested Ge»eral Par�meters for Bid Packabe A pri l 10, 1996 1. Suggested format of the Center to include hospitality and concierge services. 2. Center will provide information on Clearwater as a destination. Inforn�ation will include all accommodations, attractions, etftertainment, dininb, transportation, etc. 3. General tourist information for the County, Tampa Bay, and Central Florida, other than accommodations, should be avai(able. 4. Representatives should sell tickets to area attr►ctions and promote day trips. Packa�ina and value-added promotions are eneouraged. 5. Brochure rack space should be available at no cl�ar�e for all Clearwater accommodations. 6. Brochure rack space should be made avai(able at no char�e for Clear�vater and major re�ional tourist attractions and approved entertainment venues. 7. Consider providin� advertising display boards for a fee. 8. Hours of service for consideration: Summer and season pe��k periods - 7 days (except Thanksgiving, Christmas and New Years Day), 8 AM to l0 PM. During aff-pealc periods, consider 8 AM to 8 PM. 9. Sug�ested staff to include a mana�er who would report to the City's Director of Tourism Development. Additionally, mana�er would supervise an equivalent of one full time paid staff. 10. Manager should rerruit a corps cf volunteers and would be responsible for their supervision. 1 1. The City's toll free telephone ntimber would be answered at the visitor's center durin� hours of operation. (Current answerin; service will take calls during off hours). No hotel reservation service is to be included. Possibly set up an equitable ref'errable system. 12. Fulfillment mailing woutd b� handled fro�ti the infont�ation center. 13. Management �roup must rncet qualilications of welcome center mana�ement experience, tinar�cial stabilty, and be able to bring added benetit to the city. � .. __ . . _ W � � � .. V Q �� O �\ �,� V � �/ � ,� r. � a' � � �� s c a� > � � 00 '° v� � � JL C 'H � � 'a � � � � o aa.o3 U.r�o. >p `• � S o � '�, r., °° � � ° ' ;� °�$ U��[ � � , •a � 3 :�. �r; .� � � O �Q�� '$a�y Q>'� ?S�� =�o,� a5�� o�o � �ocs� �.�� U �� E � a,�a� � a.� K a ~ � o� � $ �� a o .� � [ Q � ' � :r' o�o Z c� r," ��..'� � �� °�ai � °''G� �� oS �� zo.. �, �� p � 'r� � � � � U '� ,� cn �+ � � � Cs. 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Box 5d9 • Taltohosae�� FI. 32302 � t90�) 2?a-31�8 1996 JOINT LEGISLAT'IVE P�LICY STATEN��NT �h�e Flo�rida A.s.pocicrtiarr of Countles av�d ti�e Florlda League oj CiNes are committed to workirrg fo�r e,;�''ectnae cm�d e,�cierrt lora! g+o�ern�»en� To meet the contirruing demavads pla�ced an lc�cal gov�errvnenl� we s��pp�ort legisla��tii►�e actiar in the following crrears to eruure corailies' ar�d' cities' ability to e„�'ectiv+el'y res�xx� to needs of our citizeru. Taz Equity• . For decades �ng homeowr�ers and busines�es have beea unjustty burdened with the subsidization of new de�velopme�t. Tax equity would remove the loophole for property tax subsidy and ensvse an equitable reve�ue base for courrties and pties to adequately fina�ncc ess�ntial public service�. We SUPFORT equitnbk property tsuc asseaam�nts which s�llow the imposition of ad valorem tazes for the portion of a year that aew construction is compteted stnd pubtic services are provided. _ Presumption of Correctness: A.ppraising property �is not a science but an art. For more than a c��tury, elect�d property appraisers have been in the unique position of reviewing property at its fair maricet value and have achieved this under a high degxee of corre��ness. Lowering the burden of proof standard to allow a taxpayer to file a clai�m for acry reason could result in ina�rc�uaie and lower estimates of property. We OPPOSE any changea to present burden of proof standards r�esutting in property being under valued on local tu ro�s. Constitutions�l R�rision Commisaion: I,ocal g�vean�m�nts nwst resgond to today's issues without being linuted by inefficient and ineffective restric�ions in�osdd by Present law. A, tax sbucture that is commensurate with the many responsibilities of mo�d�n local governmera must be developed. W� SUPPORT a constitutional amendment e=p$nding t6e authority of tbe Coastitutional R�vis�on Commission to review and recom�end changes on fuiance and tazatioo i�urs. GenerA! Government Revie�w Commissioa: The unprecedented growth in Florida has cu�.sed great demAr�d for seivic�es to be perforn�ed at the local level and has caused overlapping jwis��icxional respor��ities and needless duplication arnong staie, county, rnunicipality and speaa! districts govcxruY�ents. In addition, the restructuring of federal progran�s and fisca�l responsibilities and iu effxt on Florida's irnergovernmental structure merits review. Therefora, �►e SUPPORT t6e crestion of a stsite-funded study comu�issiun to review the state's intergovernmentsil structure in�ludiag generAl purpose governments' changing respoosibilities, fiscal �tp�city Aad service ddivtry. -u � ;�'-, '.3;:. ;;,, . _ l � . yc i';� . .�i �. „��Stntrwide Wat�r Poticy; . The 1996 I,,egislative Ses,s�on promises to be ihe "Year of Water," with local governmeirts at the forefroat of the debate over statewide water policies. As water providers, regulators, con4umers .= and stewards of this vital resource,, local governrnent is an �s�tia� cotn�wne�nt in any deL�erations over this prec�ous resour�ce. We SUPP()RT ms�ldng local governments futt pArtne� in the development A.nd imp�ements4tion of any poli�y for wAter resource management, including �ub,stantis�l rept�esent�tion on w�ter governing �oxrds. , Criminal J�ticx �r'und'wg: Providing ad�quate law enforc�rnent, jail space and court capacity to protect our comrnunities is a key functian of locat government. Revenue frorn ad valorem taxes funds a majority of these criminal jusace res�ongbilitiea, evea though this revenue is needod to fund other vital local govemment seivices. We SiJPPURT stsite mes.4ures to provide funding for the state's criminal justice responsib�ities and �PPOSE re�ying on propecty tazes to protect Ftorida's citizens. Transportation Improvernent �c Maintenance: Florida's business commwnity, citizens and vis�itors rely on a wide array of local govemment vansporta�ion s�vices and facilities such as roads, public transit, comrnuter rail, airports, seagorts, and pedestrian/bicycle path facilities. Determining fundable transporta�ion solutions that complernent local govemment efforts and integrate local and regional g7rowth mar�agement plans is crucial. We SUPPORT leg�lation tbat granka local governments the authority tu levX transportation and irnprovement fees bxsed on sun equit�b�e charge basis. �onall�-Scs�le I'�xn Amendments: I.ocal govemments must me�t the diverse planning needs of the local community by balancing current and future infi�stiucture needs with environmental concerns. Directed by the 1995 Legislature, local gove�nmerrts are now authorized to r�vie�vv and approve srnall-scale plan amendments. Since the Department of Community Aiis�ir� no longer reviews such ameadments, we SUPPORT deleting th� 60-acre limitatiou on the Annwil total acre.�ge threshold %r smatl-scale plan wmendments and revising the density limitation whicb cumentiy penalizes cornpact residential de�veloprnen� Economic Deve�opmen� Pr4gressive economic development strategies are � for gowth and prosperity for the state and in our locai communities. However it is at the local level that economic developrne�rt, or i�s lack, is tnily fel� We SiTPPORT economic development strateg� that promote business a.nd einployment opport�nities sind provide incentives designed to coordinate And leverage lacal a.nd regionai efi'orb. Federal Devolution: In recagnition of t}ie federal govei-runent's sweeping refora�s to the funding and structwe of vario�us progran� projected cutbacics will neces.sitate a rev�w of the caurent status of service delivery im Florida. Response to the.se refom�s musi result in a savings io taxpayers and not a shif�ing of costs from the federal to local leve�. We SUPP4RT tiie development of sound fiscal and s�dministrative strategies involving l�tl governments in determining s�ppropriatt �nethods of senrice delivery. Adopted by the F7orid� .4ssociation of Caur�ties and the Floridcr Leugue of Cities on FebruQry 9, 1996. Apri14,1996 � Volume 23, No. 7 � ..�. Week Five: The Budget Battle Begins! The House made the first move this week when they produced their first draft of the state's budget. Included are aeveral controversial cuts in current programs, shifts in sc}iool district funding, and reforms in health and human services that will surely result in many long hours of negotiations with the Senate. Next week, the Senate will take the next step, when they publish their priorities. Budget issues affecting the League's priorities include the Local Goverrunent Study Commission, which only received partial funding !$100,000) from the House Appropriations Subcommittee on Education; $300,000 is needed for the Institute of Government to staff the Local Government Study Commission. Also in the House budget are cuts in the Solid Waste Management Trust Fund, which is the source that funds local government solid waste and recycling programs.If you are in Tallahas- see, please check-with the League so we can provide you with information to assist you in your lobbying efforts. Thank you to Mayor John Fogg and Councilmembers Rhette Anderson, Jack Nobles and Paul Young, City of Pensacola; Commissioner Karen Brayboy, City of Tarpon Springs; Vice- Mayor Carmine Priore, Village of Wellington; and Mayor David Rigsby, City of DeLand who were in Tallahassee this week lobbying our issues. * Local Government Study Commission SB 1816 will be heard by the Senate Government Reform and Oversight Committee next'I'hursday, April l l, at which time Sen. Dyer will offer an amendment to conform the Senate bill to the House version. Additionally, fundingofboth bills is under review by the House Appropriations and Senate Ways and Means Com- mittees. Currently, in the House, the Institute of Govern- rnent received an additional appropriation of $100,000 versus the $300,000 needed to fund the Local Government Study Commission. The Senate budget has not yet been published; however, Sen. Horne has requested that fund- ing for the I nstitute of Government for the Study Commis- sion be added to the Senate Education Subcommittee's consideration list. The Senate will meet next week to adopt their priorities. Action: Please contact members of the Senate Government Reform and Oversight Committee, and ur�e them to support SB 1816, with amendment, and also contact the House Appropriations Committee And Senate Ways and Means Education Subconimit- tee, and urg� them to ru11y fund the study for $300,000. Also� please thank Reps. Constan�ine, Arnold, King and H:dw�rds for their assistance with the House budget, �nd Sens. Horne, Jenne and Dudley for their support. (Foster) Revision of the Administr�tive Procedi�res Act SI3 2`l�)0 (Willir�rns) and Ii�3 1179 (Pruitt) have been amendc�d to i�nplrmcrnt the recomrnencjntions of' the Please copy and distribute to all �, applicable peraon8: I ALL COUNCIL ' MEblBERS , M,uv�cEx _ ', CLe�► _ ' ArroRVeY ' FINANCE DIRECIY)R Don't Forget Legislative Action Day, Wednesday, April 10 we're Going Ba�.�k to the F:oor Witli Nine More LEGISI.ATIVE PRYORTTIES ✓ TAx Equity ✓ Equitable 'I�ansportation Fees ✓ Uniform Notice Procedure ✓ Municipal Control Over Building Codes ✓ Local Government Study Commission ✓ Constitution Revision Commission Reform ✓ Municipnl Rf:presentation on WAter Governing Boards ✓ Ethics Commission Reform ✓ Ftevisions to the Statute of Limitat.ions Governor's Administrative Procedure Act Review Commission. The bills will implement many of the provisions of CS/CS/SB 536, which was vetoed last year, including changing the burden of proof for an agency in challenges to proposed rules and the recovery of attorney's fees by prevailing private pa�ies against an agency in challenges to proposed rules. The bill requires agencies to adopt rules and provides a procedure for waivers and variances to be granted, and provides flexibility in the implementation of rules. The bill also requires each agency, before adoption, amendment, or repeal of a rule, to give special consideration to the impact of the nile on small cities with populations less than 1.0,000, and to tier its rules to reduce dispropor`�ionate iinpacts ori small cities that do not contribute significantly to the problem the rule is designed to address. SB 229U passed on the Senate Floor and is scheduled next week for the House Floor. Action: Contact your legislators and urge them to support these bills. (Ramba) Solid Waste Recycling The Senate Ways ai�d Means Comraittee will likely consider CS/SB 120 (Dantzler) on Monday, Apri18, and will attempt to divert $25 million from local recycling grants. CS/SB 120 would make local recycling not-rnandatory and would eliminate the need for local funding over several years. House companion,HB 1829 (Horan), would maintain the existing mandate for local recycling programs, which would continue to obligate the state to he'.p fund local recycling programs. HB 1829 has been withdrawn from House Appropriations and is now awaiting reference. 'I'��e House AppropriAtions Committee, however, has included onl�� $15 million in its f�rst draft of btidget allocations for the Solid W�ste Mana6ement Trust Fund, while the Dep�rt- rnent of Environmental Protection (DEP) had requestea $35 rnillion and the governor hnd recommenc3ed $30 million. House Rttle 11.13 states that any amendment to add revenue to the budget must �how frorn where the new amounts of revenue have come. This may be difficult in this very tightly budgeted year. Action: Urg� your senators on the Senate Ways und Mean� Committee and Houae members, pxrticularly the Appropriations Subcon�amittee on General Gov- ernment member� (8eps. Mackey, Pruitt, �ealey, bawson, Morse, Pe�ples and Sembler) to strongly op- pose diverting any general revenue away from local solid waste recycling grants. Any reduction in general revenue funding would diminish a municipality's abil- ity to sustain. existing local recycling efforts. (Salz) Sovereign Immunity HB 24G3 (Ogles) was heard Wednesday in the House Judiciary Committee and passed after certain portions of the bill were removed. The bill, in its current form, continues to raise the sovereign immunity limits to $250,000 per person or $500,000 for all clairns arising out of the sarne incident during a three-year period, and still eliminates the provi- sions for aggregate recovery and waives immunity for each individual governmental entity involved. Action: Contact members of the House Appropria- tions Committee and tell them of the substantial costs to your municipality this legisla�ion would create. (Ramba) SB 1942 (Grant) is on the agenda for the Senatz Judi- ciary Committee and will be arnended to confarm with the Housa version. Finance cznd Taxation Property Appraiser's Presumption of Correctness HB 557 ( Horne),SB 7�0 (Starks) andSB 23b9 (Arnall) have introduced legislation, which is supported by the investor- owned utilities and big business, that is expected to create a tremendous loss of ad vtilorem revenue for most local govern- ments. The latest revenue-loss projections from legislative staff reflect statewide losses to be between $200-$480 million, which would make this legislation the largest unfunded rnan- date to come before the Legislature. �l'he League, Florida Association of Counties, School Boards Associfltion of Florida and property appraisers are strongly opposed to these bilis. (See March 8, Legislatiue Bulletin for bill detaiL) HB 557 will be discussed in a workshop on Monday morn- ing, April 8, in the House Finance and Taxation Committee, and is expected to be debated by the committee by t}�e middle of ihe week.SB 740 is presently in the Senate Ways and Means Committee, where it too should be debated in the very i�ear future. SB 2359 has yet to be heard in ai�y cornmittee, ar►d is presently in the Senate Committee on Judiciary. Action: Please contact your rVpresentative immedi- ately, if he or she serves on the House Finance and Tax Commit�ee, and urge lum or her to oppose HB 557. (Reps. Logan, �hair; St�rks, vice chair; Arn�ll, I3�rreiro, lBetancourt, Br�dley, Brooks, Bush, Carlton, Clemons, Cosgrove, Culp, Da�vson, Fasuno, Flanngnn, Frunkel, Geller, Hill, Jacobs, �elly, Klein, La��su, Laurent, LiQp- man, �,yn�, Minton, Peaden, Rayson, Rodriguez-Chomat, Schultz nnd Tedder). (Small) Action: Cont�ct members of the Sen�te Judiciary Committee and ask thern to vote NO on this unfunded �ndnte. (Rumba) Special Meeting A meeting has been requested by the chair of the House Finance and Tax Cornmittee, which will be held Monday, April 8, tu discussHB 809 (Garcia), the T�c Equity Act,HB 557 (Starks), Pi•operty Appraiser's Presumption of Correct- ness, andHB 1927 (D. Saunders),HB 2543 (Fuller) and SB 2832 (Dudley) the Internet Tax. *Water On Wednesday, Apri110, the Senate Natural Resources Committee likely will consider several bills relating to water. SB 2590 (Latvala) would require municipal repre- sentation on water management district governing boards. SB 2552 (Latvala) would require the Southwest Florida Water Managernent District to provide assistance to the West Coast R,egional Water Supply Authority, including authorizing for the district to levy an ad valorem tax upon request of the authority. There may be some effort to merge SB 2590 with SB 2552. Meanwhile, on April 10, the House Select Coinmittee on Water Policy will continue to hear member bills relating to water. Action: Urge your seaators to support amendments to SB 2552, which would require municipal represen- tation on water management district governing boards. Please thank Sen. Latvala for his continued support on this important FLC priority. (Salz) Generczl Goaernment *Building Code - Amendments HB 711 (Tobin nnd others) and SB 1194 (Senate Govern- mental Reform and Oversight) liinit the ability of locsl govern- ments to mFke certain amendments to adopted minimum buildin�codes regardingconstruction methods, personnel stan- dards, and professional qualiiications of individuals at con- stiuciion sites. I�B 711 passed the House Business and Profes- sional Regulation Committee, and is now in Finance and Taxation. SB 1194 may be heard this week in the Senate Governmental R.eform and Oversight Committee. Action: Please contact �our legislators and urge them to oppose this proposal. (Conn) *Constitution Revision Commission HJR 121 (Loga�i), a House Join� Resolution proposing an amendtnent to the Florida Constitution to allow the Constitu- tion Revision Commission (CRC) to be �ppointed in 199? instead of 1998, 9nd allowing t�ie CRC to examine taucution and budgetary rn�tters, was passed by tl�e House on Wednesday, April 3, nnd is now in Senate Mess�ges awaiting action by ttie Senate. The companion to the House resolution is SJR 210 (Grant), w}�ich has not yet been heard by the Senate. Action: Plensc contn.ct Sen�te Rules Chair Toni Jennings and request th�t SJR 210 be pl�ced on the conunittee a�endA and membe.rs of the Sen�te Rules and Calendar Committee, �nd urge them to support SJR 210 vti�ith the �conforming t�mendment. (Foster) PAGE 2 Deferred Compensation HB 10�'Y (Lawson) and SB 1878 (Grant) wauld pruhibit employer contributions to deferred compensation p�rogr�ms by any public employer beginning in 1999. HB 961(Lawsan) and SB 2180 (Thomas) would also prnhibit deferred compensation contributions by employere under the Florid� Retirement System. HB 1097 is on the Houae Special Order Calendar nnd the SB 187E� passed the Governrnental R.efarm Committee unanirnously last week. The other bills are in the respective appropriations committeea. Action: Ask your legislatars to oppose these bills. (Marchner) *Notice of SettlPment 1�greements HB 1115 (Stafford) and SB 674 (Jones) clarify notice proce- dures for local government settlernent agreements. SB 674 passed the Senate and is in the House. HB 1116 is in House Rules and Calendar. Action: Please contact your legislators �nd urge them to support these bills. (Conn) Pawnbroking HB 919 (Martinez) and SII 2812 (Dudley) create the Florida Pawnbroking Act authorizing the Departrnent of A.griculture and Consumer Afiairs to license and regulate pawnbrokers. The act states that local governrnent ordinances may not be more restrictive than the act, and that local ordinances rnay not restrict hours of operation other than between rnidnight and 6:00 a.m. HB 919 is in House Finance and Taxation. SB 2812 passed the Senate Agriculture Committee and is now in Senate Governmental Reform and Oversight. Action: Please contact the League if your municipality regulates and licenses pawnbrokers to determine the impact of this proposal on your activities. (Contt) Special Dissbility �rust Fund (SDTF) HB 891(Commerce Committee) and SB 428 (McKay) carries forward and continues all current sources and uses of the SDTF, but discontinues new clauns beyond December 31, 1997. The League supports legislation that would prnspectively abolish the trust fund as of July 1, 1996, but continues to assess the existing capped insurance premium tax to payoff existing clairns and the estimated $4.5 billion unfunded liability that currently exists. The League also supports a voluntary opt-out pr�gram for individual self-insurers. HB 891 is awaiting action in the House Finance and Tax Committee, and SB 428 is awaiting action in the Senate Banking and Insurance Committee. Action: Talk to your legislators and inforn� them that the SDTF should be prospectively ubolished immedi- ately to stop the increase of this unfunded liability that currently exists in the fund. The Lengue is working with other insurance carriers to amend the current bill to support its position. (RAmba) Veterans' Preference in Hiring HB 185 (Smith and Minton) and SB 788 (Brown-�'Vaite) would, �mong other things, increase ernployer penalties for vialations of the veterans' preference lnw to include lost w�ges and �ttorney fees. 'I'he Senate bill was arnetided in the Senate Coinmunity Affairs Cotnrnittee to limit the preference to corn- bat duty �nd re►t�ove the attorneys fees. Action: A.sk your legisl�tors to support a House t�mend- ment to remove atturncy fees. (MFirchner> Labor - l�n f unrled I�Iandute8 Police and Fire Pensions HB 88 lBloom and 32 others) and SB 126 (Gutman and 30 others) wo»ld require the employer to pay for family health coverage to any police or fire employee who retires disabled in the line of duty. In addition, the bills increase minimum dieability standards for Chapter 175 and 185, Florida Stat- utea, penaion plana. The House bill i8 in the House Apprnpria- tions Comrnittee and the Senate bill will be heard April 10, at 11:00 a.m., in the Senate Community Affairs Committee. Action: Ask your Tiegislatore to support the removal of the provisions that deal with retirement in these bills and to support limitin.g the eiigibility for this benefit to those vva�ho are tiuly disabled. (Marchner) HB 19b1(Crady) and SB 2484 (Dudley) are comprehensive reviaions to Chaptera 175 and 185, Florida Statutes, for police and fire pensions. The bills contain many expensive and controversial provisi�ns, which have been the subject oF dis- putes throughout the atate, both with local unions and the state Division of Retirernent. They include a provision that says the city could be forced by ernployees to use all the premiurn tax monies for "extra benefits°; they increase mini- mum benefit levels; authorize foreign investments; and re- quire outside attorney representation of the board. Actian: Contnct your legislators and urge them to dPPOSE these bills, which should be actuarially stud- ied for fiscal impact; no study has been done to �iate. (Marchner) Public Safety/Criminal Justice *Revisions to the Statute of Limitations HB 23 (Morse) and SB 194 (Gutman) remove the statute of limitations for felony offenses that result in death, and HB �73 (Andrews) provides for increased penalties if the indi- vidual left the scene and knew or should have known that injury or death had occurred. HB 23 has passed the House snd HB 173 is awaiting action in House Appropriations. SB 16 (Wexler) is awaiting action on the Senate Floor. Action: Contact yau legislators and urge them to support these bills. {Ramba) Neighhorhood Restorative Justice Act HB 22� (Arnail) and SB 2434 (Crist) create a Neighborhood Restorativ� Justice Center and Board. This voluntary pro- gram provides for a deferred prosecution prograrn run by the local state attorney for first-tune, non-violent jnvenile offend- ers. The board would have jurisdiction to hear all matters involving first-time, non-violent juvenile offenders who are alleged to have committed a delinquent act within the area covered. This board may impose sanctions on the juvenile including restitution or performing work for the victirn, resti- tutioii or perfonning work for the community; counseling; education services; restriction or suspension of the juvenile's driver's iicense; or referring the matter to th� state attorney for the filing of a petition, HB 229 is awaiting action on the House Floor, while SB ?A34 is awaiting action in the Senate Criminal Justice Comrnittee. Acti�n: Urge your legislators to support HB 229 and SB 2434 to provide Appropriate sanctions for first-time, non-violent juvenile offenders, and estnblish appropri- utc programs of restitution and restoration to the vic- tim nnd the communit�. (RAmba) PAGE 3 VVeek�`iveUpd�teAt-a-Glance (CS = Committee Substitute) #rBurtding Code • Amendments (0►ppose) HB 71I - Pasaed House Business and Professional Regula- tion; now in Finance and Tax SB 1194 - No action taken; still in Senate Governmental R,eforw and Oversight Code En forcernent (Support) HB 220? - Passed House Community Affairs; now in Appro- priations SB 1810 - Passed Senate; now in Senate Judiciary F.mi;�ent Doma.in (Oppose) HB 2485 - No action taken; still in House Judiciary SB 1?30 - No action taken; still in Senate Judiciary Labor - Un funded State Mandates (Qppose) HB 89 - Now on House Calendar SB 126 - Will be heard in Senate Community Affairs on April 10 HB 1951-Now in House Appropriations SB 2484 - Now in Senate Ways and Means *Local Gouernment Study Commission (Support) HB 1921 - Passed House Community Affairs; awaiting reference by the speaker's office SB 1816- Passed Senate Cornmunity Aiiairs; now in Senate Governmental Reform and Oversight Mangroves (Support) HB 9?5 - Withdrawn from Appropriations; awaiting refer- ence SB 508 - Passed the Senate; now in House Messages Neighborhood Restorative Justice Act (Support) HB 229 - Placed on Special Order Calendar SB 2434 - Referred to Criminal Justice, Health and Reha- bilitative Services, and Ways �nd Means Committees *Notice of Settlement Agreements (Support) CSl�iB 1115 - No action taken; still in House Rules and Calendar SB� 674 - Passed Senate; now in House Messages Patonbrnking (�atch) HB 919 - Passed House Business and Professional Regula- tion; now in Finance and Taxation SB 2812-Passed Senste Agriculture; now in Governmental Reform and Oversight Pri�ate Property Rights/Constitutional Amendment (Oppose) HJR 1281- In House Community Af'fairs Subcommittee on Intergovernmental Relations S.YR 762 - No action taken; still in Senate Judiciary Property Appraiser's Presumption of Correctness (Oppose) HB 557 - No action taken, still in House Finance and T�; Workshop scheduled for Apri18. SB 740 - No action taken, still in Senate Ways and Means. SB 2359 - No action taken, still in Senate Judiciary. r Revisions of the Administrative Procedures Act (Su�port) HB 1179 - Temporarily deferred SB 2290 - Passed Senate; now in House Revisions to the Statute of Lianitations (Support) HB 23 - Passed Senate; bill passed the Legislature HB 173 - Withdrawn from Appropriations, and Finance and Taxation Committees; awaiting floor action CS/SB 16 - Withdrawn from Ways and Nieans Committee; awaiting Floor action SB 194 - HB 23 substituted for bill (see above) Rezonings Designated as Legislatzve Action (Support) HB 2187 - Passed House Community Affairs; now in Appro- priations SB 2570 - No action taken; still in Senate Judiciary Small-Scale Amendments (Support) HB 503 - Passed House Community Afiairs; withdrawn from Appropriations and awa.iting reference SB 20U2 - Will be considered in Community Affairs on April 10 Special Disability Trust Fund (SDTF) (Support) HB 891 - Referred to Finance and Taxation, and Appropria- tions Committees SB 428 - Re-referred to Banking and Insurance, and Ways and Means Committees Sovereign Immunity (�ppose} �iB 2463 - Passed House Judiciary; now in House Appropria- tions SB 1952 - No action taken; still in Senate Judiciary Underground Petroleum Storage Tanks (Support) AB 1127 - Passed Finance and Tax; now in Appropriations HB 413 - Passed Environment�l Protection Subcommittee on Natural Resources; now in full committee SB 648 - Passed Natural Resources; now in WayS and Means Veterans' Preference in Hiring (Oppose) CS/HB 185 - Now in House Appropriations CS/SB 788- Now in Senate Commerce and Economic Oppor- tunities *Water (Support) H PCB WP 96-01-Passed House Select Committee on Water Policy with amendments; awaiting assignment of the next committee of reference SB 2590 - No action taken; still in Senate Natural Resources Correction Please note: Rep. Jim Davis is incorrectly identified �s Republican leader in the Capital Contacts directory. He is �he Majority leader (Democrat). We apologize for this error. PAGE 4 � � .. .. .. � .. � .. v .. .� .. � .. u .. .. .. .. .. z E u i�,► (S�pport) �. . �. , SB 402 - .h�l..,t; l�riority i3ilts: Last Action Apri19,19g6 Still in House Fi.nance & Tax Sub: General Government I�o Action taken; Still in Senate Ways & Me.ans Eauitable Transaortation Fees (�upport) House - Language Filed for possible amendrnent SB 1696 - No Action Taken; Still in Senate Transportation '�niform Notice Pro�edure (Sunshine in LitiQation) (Support) HB 1115 - Withdrawn from Rutes (3/2'�; Referred to Rules (4/ 1) SB 674 - Passed Senate 37-0 (312i�; Now in House Messages Municitaal BuildinQ Code: (4ppose) HB 711 - SB I194 - CS referred to Finance & Tax and Appropriadcns (4/8) No Action taken; Still in Senate Gov. Refozm & Oversight Local Government Study Comznission (Jurisdictionaf & Services Revie�v,� (Supportj CS/HB I921 - Withdrawn &om House F'lnance & Tax (4/9); Now in Appropriations SB 1816 - Passed Senate Community Affairs (3/26); Now in Senate Gov, Reform Constitution Revision Commission (Support) HJR 121 - STR 210 - Passed House (4!3}; Now in Senate Messages No i�ction taken; Still in Senate rules Municipai Representation on Water GoverninQ Boards (Support) H PCB WP 96-01 - Amendment prepared for House comprehensive water bill SB 2590 - No Action taken; Still in Senaie Natural Resources Ethics Comrnission (Support) HB 1U49 - Failed in House Ethics & Elections 3/I9/96 �: :. No Ac.�tion taken; Still in Exec. Bus. Ethics & Elections Revision of the Statute of Limitstion� (Support) � CS/HB/23 - � CS/HB/173 � � CS/CS/SB 16 - .. .. Passed the Legisiature (4i3); Awaiting Governor's Signature CS refeired to Finance and Tax and A�propriations (4/8) Withdrawn from Ways & Means (3/27); Ready for Ftoor action 4ther Important Bills PronCrtv A,ppraiser's Presum�tion of Correctness (Oppose) HB 55? - Passed Finance & Tax Sub: Genera] Government (4/9); Now in Full Com.mittee SB 740 - Passe.d Sznate Judiciary (3/'n; Now in Senate Ways �& Means I ✓ � J f J ✓ 1996 FLC "Prio__ ritr",� Is� Taz Equity Act Equitable Transportation Fees Uniform Notice Procedure Municipal Control Over Building Codes Local Government Study Cornmission Constitution Revision Commission Reforffi ✓ Municipal Representation on Governing Boards J ✓ � ✓ ✓ ✓ ✓ Ethics Comrnission Reform Water Management Districts' Revisions to the Statute of ]Limitations Other Issa�es Small-Scale Plan Amend�ents Solid Waste Recyclin� Property Appraiser's Presumption of Correctness Waiver of Li�itations on Sovercign Immunity Increased Pension a�d I3ealth Insurance Disability Benefits for Falice and Fire Ftorida I.eague of Citics, Inc. • P.O. Box 1757 0'Ihllahasscc, � L 32302-1757 �(904) 222•9684 • Suncom 278-5331 • FA}C (904) 222•3806 n Position: Key Points: �V � V � I�1 "E.,�' TAX EQUITY ACT The Florida League of Cities will support legislation tha+ allows taxing authorities to e,stablish properly tax equrty by asses.sing new coz�trudion on a partial-year basis. 1. The implemernation of partial-year ass�;ssmerrts would increase tax equity and thus bea�efit e�ting property owners within these jurisdictions by requiring newly improved properties to immediatety shaFe in the ad valorem tax burden which supports essential governmem services. These properties would be assressec� for ad valorem tax putposes upon being determined to be "substantially complete," and their taxes would be prorated to the portion of the rernaining months in the cale�ndar year. : 2. Ar.corc�irig to the Florida Advisory Council on Irrtergovernmental Relations, ad valorem taxes provide a substantial portion of the total revenues in Florida for counties, municip�lities, and school distric�ts, and serves as the sole source of tax reverwe more than 180 special districts, including all five regional water rtlanagement dish-icts and several hospital districts. 3. The ad valorerra tax, acclusive of school districts, is the primary sourc� of reverwe which supports a local governmerrt's general fund. This fund includes such services as law enforcemetrt, fire protection, street and d�rainage maintenan�e, parks and recreation, correetions, emergency rescue, code enforce�nent, comprehensive planning, and a wide variety of administrative functions required both by the state and those necessary for effective local government administration. 4. Based on data developed by the Florida II�epartment of Revenue's Division of Ad Valorem Tax, this proposal could raise up to S81 million for all ad valorem taxing authorities. Likewise, taxing jurisdictions could c�duce their exiting millage rate by a comparable amount if all properties began paying ad valorem taxes upon compietion Status: SB 402 (Dudley) will be heard by only one committee, the Senate Comrnittee on VVays and Means. HB 809 (Garcaa) was reported favorably by the, Intergovernmental Relations Subcommittee of the House Committee on Community Affairs and was withdrawn from the full comrnittee on Apri12. It is prese�tly in the House Finance and Taxation Committee, and we are tiying to have it heard by the full committee on 'I'hursday, A}�ril 11. FLC Stati' Contac�t: Ken Small 4/9/'96 F'lorida Lcaguc of Citics, [nc. • P.O. Eiox 1757 •'I�Ilahasscc, FL 32302-1757 •(904) 222-9684 • Suncom 278-5331 • FAX (9�J4) 222-3806 1��"E1�' EQUTTABLE TR.ANSPORTATION FEIES Position: The Florida League of Cities supports legislation that grants municipalities and coundes the authority to lev�r transportation improvement and maintenance fees based on an equitable charge basis. Key Points: 1. Motor fuel taxes are imposed by the State of Florida and county govemment as the primary source of revenue for transportation construction, operation and maintenance. Ympact f�es generate some additional monies for constnuction; however, many governments are being pressured to reduce or eliminate these fees due t�o their impact on construction. 2. Likewise, municipalities have no such authority to levy such tax and, therefore, must rely on the state or their county to impose add.itional motor fuel ta}c to address their transportation needs. Transportation revenue shortfalls in a municipality must be made up from other local sources, which is prirnarily the ad valorem tax. 3. While municipal and county govemments are presently authorized 16 cents per gallon of motor fuel tax, it is county government that receives the vast majority (75 percent) of these revenues. Florida's 395 municipalities share the remaining 25 perc�nt, or approximately 5200 million annually. This is equal to less than 3-cents per g�llon to address all the transportation-related needs of all m�nicipalities. 4. The imposition of additional motor fuel tax levies have met opposition from the petroieum industries in general, and by fuel distributors across North F�orida who must compete with lower taxed and price motor fuel in Georgia and Alabama. This fee would reduce the need to increase fuel taxes by creating a municipally imposed fee to fund local transportation projects, including the planning, maintenance, operation and administration of their existing transportation system. 5. The transportation irnprovement and maintenance fee could be created on a local option basis only, snd could be imposed in one of two meihod�. The first would be in a manner similar to the monthly stormwater utility fee where the charge would be computed on an equitable basis, such as by the volume of vehicle trips generated based on the designated land use of the property. This fee could be collected via the monthly muriicipal utility bill, if one exists. (over} �lorida [,caguc of Citics, [nc. • I'.O. [3ox 1757 • Tallahasscc, FL 31302-1757 •(904) 222-9G84 • Suncom 278•5331 � FAX (904) 222•3806 The other method available would be on an annual assessment basis with the charge computed in the same equitable manner as the first. Ttus fee could be collected via the annual ad valorem bill. 6, Revenues collected through this fee would be availablc to be exp�nded on any transportation-related project or exiting transportation system such as mass transit, resurfacing, road construction and widening, bike ]anes, sidewalks, signs✓markings, street lighting, etc. Status: SB 1696 has i�een filed by Sen. Forman and is presently in the Senate Committee on Transportation. 1�Ve are presently working with House members to identify an appropriate house bill to which we can amend the senate bill. FLC Stafi Contnct: Ken Small or Kelvin Robinson 4/5/96 �,. d �� UNIFORM NOTICE PROC'EDYIRE Position: The Florida League of Cities will support legislation that establishes a simplified, utiform notice procedure for local government actions. Key Poiats: 1. Actions of local governments are perforrned in the "sunshine" and are subject to public notice and review. When local govemments enter into settlement agreements, they are required to give public nodce under one law and also are required to give public notice and hold a public hearing under another law. Actions by iocal govemments to settle lawsuits should be subject to one siandard of public notice and public hearing. 2. Under current taw, when a local government settles a lawsuit based on a tort claim, the local govemment must give public notice wit.hin 60 days of entecing into the settlement. However, another law provides that a county or rnurucipality may not enter into a settlernent agreement without providing public notice and a public hearing on the setklernent. 3, Section 286.011, Florida Statutes, states that actions taken by municipalities and counties must be perfarmed at a public meeting which .has been properly advertised, This form of "government in the sunshine" or open government insures that the actions taken by municipalities and counties are properly noticed to the public. 4, The 1995 Florida Legislature pa.ssed a law which unified notice requirements for municipal and county land use and comprehensive planning ordinances. This law also unified a.�d clarified general noti�ce provisions %r adopting ordinances. The proposed changes to the notice of settlement ageernent laws is another step in the moveYnent to establish a single notice requuernent for all local governrnent actions. Status: SB b74 (Jones) �passed the Senate and is in the House. HB 1115 (Stafford) passed the House Judiciary Committee and is now in House Rules and Galendar. FLC Staf�' Contact: Kraig Conn 03/29/96 Florida [.caguc of Cicics, [nc. •('.0. [iax L757 • Tullahasscc, F L 3Z302-1757 •(904) 222-9684 � Suncom 278-5331 • FAX (904) 222-3306 S` U.E MiJ1vICIPAL CONT�tOL OVER BUII�DING CODES Position: The Florida L,eagu� of Cities will support legislation that pennits muticipal amendments to building codes regarding construction methods, personnel standards and professional qualifications based on local safety and welfare detenninations. Key Points: 1. Loca1 governments frequently amend minimum building codes to reflect local concems with building construction standards. These amendrnents, wluch are based on local safety and welfare detejmination.s, may relate to construction methods, personr�el standards and professional qualifications of individuals at constn�ction sites. The ability of lacal governments to amend minimum build�ng codes in this fash:on should not be dirninished by the state legislature. 2. During the 1995 legislative sessian, a bill was passed restricting the ability o€ local governments to amend their minimum builc�ing codes. Govemor Chiles vetoed the bill stating that local governments should have the ability to provide for the uniqua needs of their communities through their building codes. 3. Section 553.73, Florida Statutes, requires all municipalities and counties to adopt a minimum building code. This statute specifically provides that local governments may provide for more stringent requirements than those specified in the minimum building codes. The statute provides a process to amend mi�umum building codes and such amendments must be based upon a review of local condidons and b� based on protection of life and property. 4. The Legislature should not underniine local government home rule powers and thwart the efforts of local governments to strengthen their building codes by ena,cting standards, rules and regulations increasing the likelihoad of quality constniction Local government authority to amend bui.lding codes to include provisions regarding constructaon methods, personnel standards and professional qualificatiuns should not be diminisheci. (over) Florida [,caguc of Cilics, [nc. • P.O. E3ox 1757 •'I�Ilahasscr, �(. 32302-1757 •(904) 22Z-96$4 e Suncom 278-5331 � FAX (904) 22Z-3v"J6 � ti Status: . HB 711 (Tobin and others) passed the House Business and Professional Regulation Committee and is now in House Finance and Taxation. SB 1194 is in the Senate Govemmental Reform and Oversight Committec. Both bills preempt local government authority. FLC Staff Conta�t: Kraig Conn 03/15/96 0 i:. LUCAL GOVERNI��IENT STUDY C4NIIVIISSION Position; The Florida League of Cities supports legislation that funds and estabGshes a cammission to study city, county �rad special district governrnents' chan,ging responsibilities, resources, and intergovemmental relationships. Key Points: 1. There has been only one compre�ensive study uf tocal govemments during the past 22 years. The state's population has doubled since that time and the Cornprehensive Growth Mana.gement Act of 1985 has significantly ci�ngcd the nature of local g4vernrnents in Florida. . 2. The timing for this study is important, as appointments will be made soon to establish the next Constitutional Revision Commission. Due to the nature of the issues recommended for study, any work by a local governrnent study comrnission should be completed in tirne for the Constitutional Revision Commission's use. The League supports a two-year study to accommodate this schedule. 3, With the demise of federal revenue-sharing, the shift of federal and state programs to the local governinent level and the dramatic increase in dernands for services to all levels of government, Florida's municipalities, counties,.special districts and school districts are nov� faced with overlappizig service areas, confusion over the appropriate delivery of ceriairi services, nurnerous unfunded mandates, urban sprawl, and other challenges. 4. In 1995, a Local Government Surnrnit was held, which included represe�ta.tion &om the state, city, c,ounty and special district officials, the Advisory Council on Intergovernrnental Relations (ACIR), and the Institute of Government. The participants identified overlapping service delivery, unfunded mandates, excessive and uncoordinated state administrative regulations, limited fiscal capacity, and lack of local autharity over growth management as key issues requiring legislative or constitutional redress. S. The proposed state-funded study cammission would be comprised of 21 rnembers; 13 gubernatorial appointments (five count}r and five mwucipal), two special districts, and one public schools, and two-House and two-Senate appointments, (over) Florida Lcaguc of Citics, inc. • P.O. E3ox 1757 � Tallatiasscc, FL 3230Z-1757 •(904) 222-9684 • Suncom 278•533t •�AX (904) 2t2•3806 Status: HB 1921 (Goode) out of House Community Affairs with one amendment that essentially restores the bill to the version that was passed by the House last year. CS/SB 1921 will be he,ard next in House Finance and Tax, end Appropriations. SB 1816 (Meadows) was passed out of Senate Community Affairs with no amendments. SB 1816 will be heard by the Senate Government Reform and Oversight Committee on Thursday, April 11, at which time an amendment will be offered to conform the Senate bill to the House version. Note: Govetnor Chiles has included $300,000 in his Supplemental �udgzt request for the Study Commission, and Rep. Lee Constantinc has agreed to work to have it included in the House budg�t, as part of the Institute of Government's budget. Currently, funding of both bills is under review by the House Appropriations and Senate Ways and Means Committees. In the House budget, the Institute of Government received an additional appropriation of $100,000 versus the $300,000 needed to fund the Local Government Study Cammission. The Senate budget has not yet been published; however, Sen. Horne has requested that funding for the Institute of Govenunent and the Study Commissian be added to the Senate Education Subcommittee's consideration list. The Senate will meet the week of April 8, to adopt their priorities. Also, please thank Reps, Constantine, Arnold, King and Edwards for their ass�istanc� with the �iouse budget, and Sens. Horne, Jenne and Dudley for their support in Senate Education Subcommittee's budget. FLC Stafi Coatacts: Darcy A Foster or Kelvin J. Robinson 4/8/96 CONSTTI'UTION REVISION COMMISSION REFORM Position: The Florida League of Cities will support legislation that provides a Florida canstitutional amendment for the 1996 general election to expand the parameters of the Constitution Revision Commission (CRC), to give the CRC full purview of the Constitution. Key Points: l, In the past 20 years, several commissions have studied Florida's tax structure, state agency efficiency, ernpowering state govemment and other issues. The League believes it is time to study the best possible roles for cities, counties and special districts as we approach the 21 century. 2. Article XI, Section 2, of the Constitution of the State of Florida should be amended to pernut the CRC to be convened in 1997 to examine the constitution of the state, and examine matters reladng to taxation or the state's budgetary process thai are oth�wise to be retiiewed by the Taxation and Budgetary Reform Commission every 14 years. Tt�e convening of the CRC in 1997 is consistent with the schedule previously established by the Florida Supreme Court. 3, The need to evaluate taxation and the state's budgetary process is critical at this time, paRicularly as the federal goverament struggles to operate �nd re-prioritize its responsibilities and relationships with state and local governments. A.s more and more governance responsibilities are passed to lower levels of government, such as cities and counties, issues oitaxation need to be carefully evaluated equally with provisions set forth in the state's constitution.. Status: HJR 121 (Logan) was passed by the House Rules and Calendar Committee with one amendment to move the commission appointment date up to January 15, 1997. SJR ?,10 (Grant) has not yet been heard by a comnuttee but is refened to Senate Rules and Calendar and Ways and Means Comnuttees. At the time SJR 2iQ is heard, an amendment will be offered to conform the Senate bill to the House version. FLC Staff Coatacts: Darcy A. Foster or Kelvin J, Robinson 4/8/96 Flo�ida [.caguc of Citics, [nc. • P.O. [3ox 1757 • Tallahasscc, fL 32302•1757 �(904) 212-4684 � Suncom 278-5331 • FAx (904) 221-3R46 MUNICIPAL REPRESENTATION ON WATER MANAGEIyiENT DISTRICTS' GOVERNING BOARDS Position: The Florida League of Cities wi.11 support legislation that makes cities and counties, which are responsible for providing water to Florida's cit�zens, full partners in the development and implementation of any water resource rnanagement, including substantial representati4n on water management district and water supply authority goveming boards. Key Points: 1. Florida's municipalities are key stake holders in the provision of safe drinking water to the citizens of this state; 75 percent of Florida's municipalities are water utility providers yet have no representation on water rnanagement district govemin� boards. 2. Many water mar�a�ement district governing boards often cxhibit insensitivity to municipal water conservation and reuse programs, as evidenced by costly and often inappropriate conditions imposed upon municipalities as a prerequisite to obta.ining a consurnptive use pennit. 3. Requirements placed upon municipalides by water managernent districts' governing boards are very costly to municipalities and are often not imposed upon private utilities, creating a competitive disadvantage to rnunicipalities. 4. Effective land use and water planning would be achieved by including a municipal perspective in the water management districts' decision-making process. Municipal re�resentation would likely diminish costly water policy litigation on behalf of both the water management districts and municipalities, because municipalities will be involved early in the water policy development process. Statu�: SB 2590 (Latvala) contains the FLC water priority and will be considered by the Senate Natural Resources. Committee, and/or possibly amended on to SB 2552 (I.a.tvala), PCB WP 96-01 the House comprehensive water bill has passed the Select Comrnittee on 'V�ater Policy and now awaits future committee reference in the Rules Committee. A.n arnendment has been prepared for PCB WP 96-01 to require municipal representation on water management district goveming boards, (over) Flo�ida Lcaguc of Citics, inc. � P.O. Qox 1757 •'i�llahasscc� FL 32302-1757 •(904) 2Z2-9G84 • Suncom 278•5331 � �AX (904� 222•384G Special Note: Preliminary research has indicated (AGO Report 8b-55) that Article II, Section S(a), the Constitution of the State of Florida, does not prohibit a municipal elected officia� from being apgointed as a member of a water management distrid gaveming board, since a"district officer" is not . covered by the terms of the constitutional prohibition against dual office holding. Additionally, the common-law rule on incompatible positions does not apply since there is no apparent canflict between duties and functions of the two positions and neither position is subordinate to the other. FLC Staf�'Conta�t: Diane Salz 4/5/96 0 9 � I�.�' ETffiCS C41V�VIISSION REFORM Position: The F'lorida L.eague of Cities is supporting legislation w�ich would reconstitute the membership oF the Commission on Ethics to be Lhree panels of retired circuit judges who are not activety serving on cases. Key Points: 1. There have been at least three recent cases in particular before the cornrnission in which elected officials or their cities were required to spend thousands of dollars defending charges which they considered baseless or frivolous, but which resulted in convictions by the Cornrnission. Upon appeal to the respectiv� district cowts, the charges were faund to be lacking in merit. 2. Under the present statute, lay persons are required to act as judges on legal matters. However, conunission members are not required to have any particular background in law or legal procedure. Even the lawyers who are appointed are not required ta be trial lawyers. The proposed bill seeks to professionalize the commission in the legal sense, by requiring former judges to deternune matters of law. In at least one case, the matter never would have gone beyond the probable cause determination if judges were sitting on the Comrnission. In that case, the city expended more than S 100,000 in legal fees after the necessary agpeals for overtuming the cornniission's decision. In another case, a city with less than 2,U00 population was required to spenc� more than 530,000 in legal fees for defense and ap�eal. 3, Currently, the commission membe;s are nine in number: five rnembers are appointed by the Governor, two by the Speaker of the House and two by the President of the Senate. This amendment to Chapter 112.321, Florida Statutes, would allow for three-member panels, with one member of each panel being appointed by the Governor� Speaker and President. The two-year ter,ns of office, as well as any other aspects of the operation of the commission, would not be changed under the proposal. Judges appointed to the commission would receive a S 1,000 monthly stipend when they sit for a case, and would be prohibited from sitting as an �cting ci�cuit judge. However, nothing would prolu�it a commissioner from acting as a mediator or arbitrator during the sarne per�od. (over) Flocida [.caguc of Citics, Inc. � P.O. [3ax 1757 •'[�ltat�assec, FL 3Z.�Ot-1757 �(404) 222-9684 • Suncom 278-5331 � FAX (90d) 222-3E!►6 4. We believe this reconstitudon of the membership of the commission would save taxpayer dollars state-wide because it would put an end to frivolous cases being detennined by the comtnission as m�ritoriaus. At the same tim�, impartial and legally tsair�ed judges will protect the taxpayer's interests on investigations of charges for ethics violations. i Status: SB 1186 (Turner) is still in the Senate Executive Business, Ethics and i Elections Committee. HB 1049 (Bullard) died in the House Ethics and � Elections Committee. � FLC Stafi Contact: Carol Marchner 4/5/96 � REVISIONS TO THE STATUTE OF I,iMITATIONS Position: The Florida League of Cities supports legislation that will remove the statute of limitations for a felony offense that results in a death and legislation providing for felony enhancements to the offenses of vehicular homicide and manslaughter when the offender leaves the scene of the crirne. Key Points: 1. In an effort to address the direct impact th.at results from criminal activity in a community, the Legislatwe should in�rease criminal penalties and remove any statutes of limitations for felony offenses that result in death. Amending Section 775.15, Florida Statutes, which pertains to the time limitations on prosecution of criminal offenses, would provide that a prosecution for any felony resulting in a death may be commenced at any time. Two recently publicized cases in South Florida involved hit-and-run drivers who could not be prosecuted because the applicable statute of limitation time period had already expire�. 2. The current statute of limitations for these offenses is three to four years. Removin.g these limitations would allow prosecution for all felony offenses that result in death to begin at any time, and would be consistent with ca�ital and life felonies that are r,urrently statutorily exempt from time limitatioais. Vehicular homicide, DUI manslaughter, and third-degree felony mwder would no longer be subject to a time limitation for commencing prosecution. 3. The League supports legislation which would provide far increased criminal penalties when the offender commits vehicular homicide, manslaughter and DUI manslaughter when the offender knew, or should have known at the time of the accident, that the accident occurred and failed to give information and aid as statutorily required. Status: HB 23 (Morse), which was substituted in the Senate for S� 194 (Gutman) and will remove the statute of limitations for felony offenses that result in death, has suGCessfully passed both legislative chambers. C�/SB 16 (Wexler) was reported favorabiy out of committee and is awaiting action on the Senate floor. � 173 (Andrews) has been withdrawn &om House Appropriation� and is awaiting floor action. The League strongly supports these bills. FLC Staf�' Contact: David Ramba 4/5/96 Florida Lraguc of Citics� tnc. • P.O. [3ox 1757 • Ta1lAhasscc, FL 32302-1757 •(904) 222-9684 a Suncom 278-5331 • EAX (904) 222-3806 �� S��.A.LIrSCALE PLAN AMENDMENTS Position: The Florida League of Cides will support legislation that removes unwarcanted limitations on a municipality's ability to amend its land use plan by increasing opportuni�ies to use the small scale amendment �rocess. Key Points: 1. Small-scale amendments to local cornprehensive plans are currently exempt from state review, since these amendments lack state or regional significance. A regular plan arnendment received by th� state can take an applicant up to 9 months to process the request; whereas, a small scale amendment offers no burden or inconvenience. 2. The definition of"small-scale," however, is urv�ecessarily restrictive and arbitrary in that it lirnits residential density to 10 units per acre. 3. The residential density cap works at cross purposes with efforts to promote urban infill development, redevelopment and mass transit. 4. The cost ±o local govemments for processing a regular comprehensive plan amendment can be as much as S5,000 vs. 5500-5700 for a small-scale amendment. 5. During 1994, the state reviewed more than 1,U00 local comprehensive plan arnendments. 6. Removal of the density cap will save limited revenue, reduce unnecessary paperwork, and help to reduce unwarranted state regulations. 7. Increasing opportunities to use the srnall-scale amendment process helps to restore greater home rule authority while not sacrificing citizen participation and sound plan.ning practice. 8. Other conditions in existing law would prevent piece-meal abuse of the small-scale amendment process including a limitation on the frequency a small-scale amendment may involve the sarne property; and a restriction on the proximity of a svbject to the same owner's property. Status: HB 503 (Livingston) has passed House Community Affairs and has been withdrawn from House Appropriations. It is navv awaiting further reference; SB 2002 (Kurth) will be heard by Senate Community Affairs. FLC Stafi' Contact: Diane Salz 4/8/96 Flocida i.caguc of Citics, Inc. • P.O, Box 1757 •'i�llahasscc, Fl, 3Z302-l757 •(904) 22Z-9684 • Suncum 278•5331 e FAX (904) 22Z•3806 I.�.F SOLID WASTE REC'YCLING Position: The Florida League of Cities will support legislation that provides substantial state incentives for local recycling and resource recovery programs, and the implementation of other feasible altematives to the continued use of tand8lls. Key Points: 1. In I988 the state mandated the implementarion of local recycling programs and set a waste materials recycling goal of 30 percent to assist local govemments in this effort, the state provided recycting grants totaling S 2S million annua]ly, beginning fiscal year 1989. 2. The 1996 Legislature is considering phasing out all of the recycling gant money to focus on the elirnination of aquatic weeds. 3. Florida's cities and counties will r�ot b� able to sustain their accomplished tevel of recycling effort without the state recycling grants. 4. Although state budget constraints do exist, elimination of this successful environmental program is unwarranted. 5. The Legislature should look elsewhere fo� potential revenue sources to fund the elimination of aquatic weeds. Status: CS/SB 120 (Natural Resources) marginally passed the Se�ate Natural Resource.s Committee with a 5-4 vote, and is now in Ways and Means. The amended bill would provide that the sales tax registration fee� irnpased under s. 212.18, F.�., would bE deposited in the Aquatic Plant Control Trust Fund instead of the S�olid Waste Management Tn,is� Fund. The two- tenths of one percent of the sales tax revenues that are currently being deposited into the Solid Waste Mana$ement Trvst Fund would be equalty divided and deposited in the Aquatic Plant Control Trust Fund and the Solid VVaste Management Trust Fund until I999. Af}er that date, �he entire amount would be deposited in the Aquatic Plant Control Trust Fund would provide for a statewide "voluntacy" goal of recycling at least 50 percent of all municipal solid waste generated in the state by the year 2001, (over) Elorida Lcaguc of Citics, Inc. • P.O. Qox 1757 o Talta,hasscc, F[� 32302-1751 •(904) 222-9fi84 • Suncom 278-5331 � FAX (904) t22-J8A6 House Natura! Resources Committee Chair, Rep, Everett Kelly withdrew an arnendment to PCB NR 96-03, which would have diverted local secycling grant funding to SWIM and squatic weed control. Efforts are underway to eliminate the existing registration requirements now imposed on "recyclers" to which we are strongly opposed, and to add aseptic packaging to the "minimum Sve." The Senate Ways and Means Committee will likely coasider CS/SB 120 (Dantzler) on Monday, Apri18 and will attempt to divert $25 million from local recycling gants. CS/SB 120 would make local recycling not- mandatory and would eliminate the need for local funding over several years. House companion, HB 1829 (Horan) would maintain the existing mandate for local recycling programs which would continue to obligate the state to help fund local recycling programs. SB 1829 has been withdrawn fronn House Appropriations and is now awaiting reference. The House Appropriations Committee; however, has included only $15 million in its first draft of budget allocations for the Solid Waste I��anagement Trust Fund, while the DEP had requested S3 5 million and the Governor had recommended $30 million. House Rule 11.13 states that any amendment to add revenue to the budget must show from where the new arnounts of revenue have come. This may be difficult in this very tightly budgeted y�. FLC Staf� Contact: Diane Salz 4I8/96 � ��, PROPERTY APPRALSER' S PRESUMPTION OF C4RItECI'NESS Position: The Florida League of Cities is opposed to legislaiion that would alter the presumption of correctness standard by prescribing a lower evidentiary burden of proof that must be met by the taxpayer. Key Points: 1. Under cuirent law, the value placed on real and tangible personal property by the property appraiser is "presumed correct" by the courts, and the burden of proof is placed on the taxpayer to overcome every reasonable hypothesis of value in order to overtu.rn the property appraiser's determination of value. This presumption of correctness is not currently found in the Florida Statutes, but rather as a rule of law based on the constitutional authority of property appraisers as recognized by the courts. 2. Proponents have argued that the present process is unfair to the taxpayer and that they cannot overcome the property appraiser's determination of value unless they can show the properiy appraiser conunitted fraud in the appraisal process. As an alternative to showing fraud, the taxpayer may overcome the presumption of correctness by showing that the appraiser misapplied the law by failing to consider one of the eight criteria of valuation established in Sectioti 193.011, Florida Statutes. 3. The presumption of correctness standard has s�rved Florida for approximately 100 years and the standard is not urvque to property appraisers. It is commonly employe.d in reviewing many governmental actions, such a$ trial judge decisions in dissolution of marriage actions. Decisions such as these should only be overturned when a misapplication of the law is evident 4. Should this proposed legislation become law, we can easily assume that litigation concerning property values will dramatically increase in the short n�.n, and that such litigation will become mor�� exgensive as experts are brought in to validate the property appraiser's determination of value. Due to the increased legal costs, property appraisers will be forced to settle high-valued cases in order to forego long �nd expensive court battles, thus, �owering taxable real property values, which are used to calculate property taxes for municipalities, counties, schools, water management districts and other ad valorem taxing jurisdictions. (over) Florida Lcaguc of Citics� [ac. � P.O. [3ox 1757 • Tallahasscc, FL 32302•1757 �(904) Z22-968d • Suncom 278-5331 � FAX (944) Z22•38pG � ��, PROPERTY APPRALSER' S PRESUMPTION OF C4RItECI'NESS Position: The Florida League of Cities is opposed to legislaiion that would alter the presumption of correctness standard by prescribing a lower evidentiary burden of proof that must be met by the taxpayer. Key Points: 1. Under cuirent law, the value placed on real and tangible personal property by the property appraiser is "presumed correct" by the courts, and the burden of proof is placed on the taxpayer to overcome every reasonable hypothesis of value in order to overtu.rn the property appraiser's determination of value. This presumption of correctness is not currently found in the Florida Statutes, but rather as a rule of law based on the constitutional authority of property appraisers as recognized by the courts. 2. Proponents have argued that the present process is unfair to the taxpayer and that they cannot overcome the property appraiser's determination of value unless they can show the properiy appraiser conunitted fraud in the appraisal process. As an alternative to showing fraud, the taxpayer may overcome the presumption of correctness by showing that the appraiser misapplied the law by failing to consider one of the eight criteria of valuation established in Sectioti 193.011, Florida Statutes. 3. The presumption of correctness standard has s�rved Florida for approximately 100 years and the standard is not urvque to property appraisers. It is commonly employe.d in reviewing many governmental actions, such a$ trial judge decisions in dissolution of marriage actions. Decisions such as these should only be overturned when a misapplication of the law is evident 4. Should this proposed legislation become law, we can easily assume that litigation concerning property values will dramatically increase in the short n�.n, and that such litigation will become mor�� exgensive as experts are brought in to validate the property appraiser's determination of value. Due to the increased legal costs, property appraisers will be forced to settle high-valued cases in order to forego long �nd expensive court battles, thus, �owering taxable real property values, which are used to calculate property taxes for municipalities, counties, schools, water management districts and other ad valorem taxing jurisdictions. (over) Florida Lcaguc of Citics� [ac. � P.O. [3ox 1757 • Tallahasscc, FL 32302•1757 �(904) Z22-968d • Suncom 278-5331 � FAX (944) Z22•38pG 5. If property values for these high-valued properties are reduced because of this legislation, a"shifting" of the property tax burden will likely occur to residential and small to medium businesses when these goverrvmental bodies are forced to raise the �r,illage rate to compensate for the loss of tax revenues in order to corrtinue funding services such as law enforcement, fire protection, emergency medical, and education. Status: HB 557 (Starks) was reported favorably by the House Finance and Taxation Subcommittee on General Government April 9, and is scheduled to be heard by the full committee on Thursday, April 11. SB 740 (Horne) is now in the Senate Committee on V�'ays and Means. HB Z359 (Arnall) has not been heard to date, but has been referred to the House Committees on Judiciary, Finance and Taxation, and Appropriations. FLC Stai�' Contacts: Ken Small or Kraig Conn 4/9/96 F�owo� Sc� Bo�a�s a��, i�. 203 S. Monroe 5� Tallahassee, FL 32301 (g04) ata2579 Fio�o�► Assocu►noH o� D�srr� Si�i00L BOARO SUPEAMlTEN�EMS P.O. 8ox 1t08 Tallahasse�e, FL 32302•1148 (9U4) 222•2280 �..�i ....... FGO�►A1 LEACUE 0� C,1?�S F�o�o� t.�►cuE o� Cm�s, IHC. P.O. 8ox 1757 Tailahassee, FL 32302-1757 l�I �•� ��;,, ss f�UR�i o � s ASSOCIATIQ�I a� ■ ■ ■ o� COL�fYT�i � � � �� 0�� F�o�o� Assoa�noN o� Canrn�s P.O. 8ox 549 Tallahassee� FL 32302 (904� 7143148 A�ri13� 1996 Tb�e Hoaorable LawtAn Chilca Gav�rnor The Capitol Building Tall�aba.ssa, Florida 32399-OOOI Dear Governor Chilcs: This joini letter is to inform you of aus opposition to HB S57 by Representative Starks and SB 740 by Senator Jirn Homc, coaunoaJy referrod to as th� "presumption of cocrc.�ness" or the "burdca of proof' �ill. Although promated as a f�irness issue affedin8 �Y P�rh' aFPraisers and selcct �aY� iPrimarily businoss intor�sts)� wc bciicve it is irnportam thai you be aware of the significant impad this major shift in state tax policy could have on the i-cYeaues for schoots, cities and countics. The attached position paper addresses this impact and responds to several issues advanctd by the pr+oponeats of th�s bill. While we ha��e att,�mpted to be comprehensive, lanow that from our perspoctive, the issues are retatively sirnple and deal primarily with thc a�visability of the legis�aiure proc�in8 with this propc�sal without laiowing fully the fiscal impad it will h.ave. Likc ti�c propo�ents of this bill, we too agrx that if taixpayers a�re being unfairly assessed, then proper steps should be talc,�a to comect this crror. How�evcr, such action should not be done in a pix�ncal or partial fashion, but ratbtr c�omprtheasively with full and deiibeca.te disclosure. Such adioo ahou,.ld also be avoidod if done at the ex}�ease of local governm�ats, w�w hav�c baa pla�cod in the crossfire of a dispute bctw�o�a a few sela;i taacpayers and tbc P�Y aPPraiser3 and who s�and to lose sigpificam revenues with ao a.tternative providod to replace the�n Given thc unknown impad this legislatian w�l have on the fuading of schools, cities a.vd cou�ti�, we would urgc yo� to oppose t�is bill. If this bill should pass the L.egislaturc, we ask thai you veto the bill. Sho�ild you requirt additional iai'orniaiioq please fal fr�ee to let us l�ow. • .. � � �. /� � . • . .��,�s�.,� ,�.�.,�,�..� �/ pMar�r� Siriarmi Florida Sc,�ool Boards Associaiion � �� .� / � � r � . r ' • �� •. ' v�.�i Florida L�aguc of Citics Attachmeat B�n� C. R�ss�ell • Presjdr�nt Florida School Superiaie�dents Association T �• � � . �.,-..,_ ,�,� :. , . � • :,�..., • .� � «.0 s i � • ��i• ., F�or�ida Association of Counties Florida A,ss�ciation oiDist�-ict Sci�ool Superintendents �°lorida League oiCities Florida Schoot Boards Associ�tion "Presumption of Correctness"/"Burdea of Proo�' Position: Losal government repr�sentatives o ose legislation that undermine� the property apprmiser's presumption of correctness ar alters the burden of proof for challenges af ad valorem assessments, ezemptions or classification9. In addition, we support p�eserving the Iegitimac�► of tht "just valuation" standard for which Florida's ad valorem taz structure is predicated. HB 557 by Rep. Bob StArks and SB 740 by Sen. Jim Horne, better known as the "presumption of correctness" or "burden of prooF' bills, are being promoted as a"faimess" issue, procla.iming to level the playing field for taxpayer challenges to Qroperty tax assesscnents. However, in reality, these bills threaten the "just" value standard for ad valorem assessments as prescribed by Article VII, Section 4 of the Florida Constitution. The result will be an increase in assessment challenges, a reduction in the tax rolls for local governments, and an inability of local governments and the state to forecast revenues for their respective budgets. HB 557 & SB 740 contain two major provisions. The first provision expands the factors to be considered when deteRnining an assessment to include vague and undefined methods referced to as "recognized profe�ssional standards of appraisal practice" which may con�ict with the "}ust valuation" standa.sd and cwrent law. The second rnajor provisi�n seeks to undermine the property appraiser's presumption of correctness by establishing a burden of proof that can be refuted even when the property appraiser's assessment is lawful and reasonable. The current admi6istrative and judicial appeals process is fair to the ta�payer. The business community clairns that the curnent bunden ofproof, "excluding every reasonable hypothesis, " rriakes it impossible to challenge a pr�operty appraiser 's presumption o, f cornecmess regcrrding the assessment of real and personal property. The current administrative and jud.icial appeals process provides taxpayers two avenues for appeal at the local level before filing in the circuit court and staiistics show this process is efficient and sympathetic to taxpayer concerns. Any taxpayer may take their objection directly to the property appraiser. In 1994, property appraisers made rnore than 126,000 adjustments at the local level, providing a reduction in tax�ble value equal to �28 million and a savings to taxpayers of S3 m�llion. Secondly, taxpayer challenges may be reviewed by locai value adjustment boards. In 1994, taxpayers received adjustments by value adjustment boards in 49 percent of the cases petitioning exemption status and 39 percent of the petitions for assessment adjustments. Deternuna�ions by the value adjustment boards resulted in a reduction of ta�cable value of $2.8 billion, representing a taxpayer savings of $59.3 million. Lastly, in conuast to claims by the business community, taxpayers are successful in the majority of litigated cases. According to 1995 survey daia pr�vided by Florida's property appraisers, taxp�yers were victorious iri 57 percent of the litigated cases. During the time period the taxpay�r's assessment is in question, taxcs are not rertutt�d on the part in question. In 1994, this represented $98 million ia outstanding ad valorem revenues that were not received in a timely fa�shion by local ¢overnments. 8ow da these bills effcct the crittrin for deter�mining "jusi valuation"' Proponents of this legtslation have yet to explain the rationa! for this pr�ovision. In its policy making d.iscretion, the Florida Legisl�ture is required by the constitution to "se�cwe" the integrity of the `;ust valuation" standard by outlining specific criteria for property appraisers to consider when reaching their assessments. The Florida Legistature does not have the discretion to lessen "just valuation" through general law. The "presumption of corcectness" bills propvse to expand these factors to include an unlimited number of appraisal standards and techniques. In doing so, these bills fail to recognize that many of these appraisal techniques may conflict directiy with the "just valuation" standard. Furthermore, this change wi11 dilute the legislature's policy making authority regarding ad valorem taxes and shift the responsibility of establishing ad valorem assessment criteria to the appraising profession. It is unreasonable to expect property appraisers to consider every "rerognized professional standard of appraisal practice" on 9 million property tax accounts. What will happen if these proposals are adopted? Despite the claims of proponents, as written, these bills will ur�dernune the property appra.iser's presumption of correctness because a value adjustment board or judge may find in favor of a taxpayer objection to an assessment even if the assessment is reasonable and calculated pursuant to general law. Furthermore, the bills atternpt to codify accepted professional appraisal standards in the Florida Statutes which directly conflict with the constitutionally prescribed standard of"just valuation." Collectively, these issues threaten the constitutional ` just valuation" standard for which Florida's ad valorem tax structur� is based. Potentia� rcvenut imoact: As mentioned previously, in 1995, 925 property tax cases were litigated. These cases involved more than 56.7 billion in taxable value, with an average taxable value per case more than �7 million. Consequently, $13 S million in ad valorem revenues for counties, municipalities, and school districts were being challenged. Survey data illustrates that taxpayers prevailed in 57 percent of these cases, cesulting in a benefit to th� taxpayer of $77 million in property tax savings. Based on the current data, assuming no increase in the number of cases, for every 10 percent increase in the number of judicial findings a�ainst the property appraiser, local governrnents would lose an equivalent of $13.5 million in revenues. Based on the current distribution of court decisions, if the nwnber of litigated cases doubled from 926 to 1852, local govemments would lose approximately S I 54 million in reve�ues. An increase in the number of litigated cases w+ll produce additional revenue problems for local governments. Pres�ntly, during the time period an assessment is in question, loca] govemments do not receive the cortesponding tax revenues in question. An increase in the number of litigated cases will make it more difficult for local governments to forecast revenues for their respective budgets. Combining the impact of an increase in the nurnber of litigated cases and an increase in the numb�r of findings against property appraisers, it is cleariy evident that conservative estimates indicate reductions in revenues for local governments would be in the hundreds of rullions of dollars. Please note that this exercise has not considered the im..,pact o o j ion �gsolved bv vrQ�,� a�vraisers and value adjustment boards. Wh�t does t6� property appr�isen' pcesumptioa of corrtctness And tbe burdcn of proof "every r�asanablc hypothesis" mwn' Why is it important? 77te busrrress communiry has cornplained that these legal st4ndards Irave beea cneated through judicia! precedenr arrd never coa'if ed by the Florida Legislature. Presur�ption of Correctness: In Florida, properry appraisers are elected constitutional o�cers in every count} v�rith the excepcion of Dade County. However, because Dade County's Charter is authorized pursuant to the state constitution, the Dade Co�nty property appraiser is still viewed as a constitutional officer. Secondly, propern� appraisers are charged with carrying out the constitutionally mandated standard of assessing real and personal property at "just valuation" for ad valorern taxation. This is a constitutionally prescribed standard of rneasuremenr for assessments ensuring property is assessed equitably on a statewide basis. The factors considered by a propert` appraiser in determining "just" value are provided by general law (s. 193,011, F. S). The Dep�rtment of Revenue i� directed to review the ta�c rolls prepared by property appraisers to ensure this standazd is applied fa�rly and equitably. Consequently, the deternunations of property appraisers are pcesumed correct by the Florida courts, provided it can be illustrated that all of the factors provided by law were considered and the assessment is within a range of reasonabieness. Burden of Qrooi -"everv reasonable hYpothesis": To overcome the property; appraiser's presumption oi correctness, a taxpayer must establish that "every reasonable hypothesis has been excluded." In laymen's tenns this ' evidentiary standard means the taxpayer rnust prove that� the property appraiser did not consider all the statutory factors, or in doing so, calculated an unreasonable assessment. Whv are these t�al standards i�portant? Florida's courts have been very responsible in recognizing that the duties and standards of'the office of property appra.isers are prescribed in the Florida's Constitution anc� accordingly have recognized the presumption of correctness regarding assessment determinations. Ln an effort to sustain the constitutiona] standard, the courts have given great weight to the factors imposed by general law in determining just value and therefore established a high burden of proof. CoUectively, these two legal standards protect the integrity and legitimaCy of the assessment process. Furtherrnore, the courts have recognized the necessity of a difficult burden because, when reaching an assessrnent of real and personal property, numerous and conflicting techniques exist. Appropriately, the courts have directed their attendon to the application of legal assessrnents rather than assuming a role of evaluating appraisal techniques. is Florida unique in its ad valorem as�essment process? Prnp�onents of this legislation h�rve r�epeatedly irrdicated that the presumption of cornectness c�rd the "every reasonable hypothesis " burden of proof are unique to Florrda. This is tcue, Florida is one of three states to impose the "evety reasonable hypothesis" bwden of proof. However, most other states do not depend as rnuch on ad valorem revenues for governrnent services as does Florida and 47 states iumpose a personal income tax. More imporcantly, the ma�ority of states utilize standards below "just valuation" for ad valorern tax purposes. The majority of states do not have assessments by elected constitutional oS'icers, nor do the majority of states require arinua] assessments. The state of Florid.a has established the highest measurcrnent standard of "just valuation." Unlike other states, Florida has also chasen to validate its standard by including it in the state constitution. RIE, WAIVER OF LIMTI'ATIONS Ol� SOVEREIGN I]M[MUNTI'Y Position: The Florida League of Cities opposes legislation that increases the limitations on waiv�ers of sovereign immunity now in place for governmental entities. Key Points: 1. The Legislature has, by general law, provided for and set forth monetary limits for the waiver of sovereign immunity for all claims arising out of the same incident or occurrence. Any judgment may be clairned and : endered in excess of the limits set forth, with the excess amounts of the judgment to be paid only by further act of the Legislature. The bills currently moving through the Legislature would increas� the waiver of sovereign immunity by 2 1/2 times, with local governments Fesponsible for insuring and paying out claims up to this new limit. 2. Language in the current legislation would allow the recovery of litigation costs and fees from the governmental entity in e�ccess of the sovereign immunity limits. Additionally, if an "offer of judgment" is made an� rejected and the judgment is less than 25 percent iower than the offer made, the governmental entity would be required to pay fees and costs, even if exceeding the sover�ign immunity limits. 3. Current law requires the party bringing the claim to provide notice to the affected agency and the Department of Insurance, or to the municipality affecte�cl. This notice provision allows the governmental entity to examine the cla.im and gives it the opportunity to settle or deny the claim. The bills filed would eliminate the notice requirement. There would be no notice to settlement prior to initiation of litigation and no opporiunity for the affected entity to investigate the claim, thus increasing litigation costs and leading to adversarial proceedings to resolve the claims. 4. Presently, sovereign immuruty may be granted to certain non-governmental entitaes by contract, such as research �nd teaching hospitals, internships and practicums in educational settings. The law also protects individuals who perform pubGc services but are not governmental employees. These bills would remove these protections for non- governmental entities and individuals providing services to Florida and its citizens. (over) Florida Lcaguc of Citics, Inc. •!'.O. Iiox 1757 •'iiillahasscc, FI, 32302-1757 •(��04) 222-9684 • Suncom 278•533! • FAX (904) 222-3806 5. To obtain payment for any judgment in excess of the sovereign irnrnunity limits, a claims bill must be filed in the Legislature. The�pending legislation would extend the time period for initial filing of a claims bill from three years to four years af�er legal proceedings are conctuded, with subsequent filings at any time in the future. This creates open ended liability for the state and its governmental entities. Status: HB 2463 (Ogles) passed the House Judiciary Cornmittee with few changes, and moves on to House Appropriations. SB 1952 (Grant) is on the agenda for Senate Judiciary and will be amended to conform with the House version. The League strongly opposes both bills that will wrest control from the Legislature and create an unfunded mandate, substantially increasing the costs of all entities invoived. FLC Staff Contact: David Ramba 4/5/96 � �■ v INCREASED PENSION AND HEA►LTH INSUR.ANCE DISABII,ITl' BENEFITS FOR POI.IC'E AND FIRE Position: The members of the Florida League of Cities fully support any injured employee, especially if injured on the job. Cities and fellow employees are usually the first to rally behind injured workers and their families. However, the League opposes attempts by the legislature to single out certain groups of ernployees and mandate their level of ernployment benefits frorn a"top-down", "one-size-fits-all" perspective. HB 89 (Bloom), SB 126 (Gutrnan), and HB 1951 (Crady), SB 2484 (Dudley), would do just that, by setting new and increased statutory levels of pension and health insurance disability benefits for only police and fire employees. Key Points: 1. Federal and state laws set a minimum monetary benefit for police or fire ernployees injured or killed in the line of duty. In a.ddition, cities pass local ordinances under home rule and act independently to pay for extra �enefits for all their ernployees. 2. These bills would require public employers to totally fund new health insurance and pension benefits, whether or not the city benefits now well eiceed the current statutory minimums. The statewide fiscal impact of these changes is not known, but is projected to be significant. . 3. The definition of disability in these bills does �ot lirnit the new benefits to those who are truly disabled. Under current law and these bills, an employee couid collect full workers' compensation, full disability retirernent, have a full time job with benefits, aad still be eligibie for these new benefits. 4. It is the right and obligation of every city to provide benefits for employees while budgeting tax dollars. These bills represent a major end run around that and the collective bargaining process. Status; HB 89 is on the House Calendar. SB 126 is being heard today (April 10) in Senate Community Affa.irs. HB 1951 is still in the House Finance and Tax Cornmittee and SB 248� is still in Senate Cornrnunity Affairs. FLC Staf�' Contuct: Caroi Marchner 4/10/96 F'lorida LcA�uc of Citics, Inc. � P.O. t3ox 1757 •'Tk�llah�sscc� t� L 32302-1757 •(9U4) t2Z-9G&3 � Suncam 278-533t • FAX (904) 222-3b06 �� Qudget Advisory Committee Minutes Meeting oi'Januury 30, 1996 Members Present: lanet McNutt Judy Mitchell Daniel Moran l.ouise Riley The meeting was called to order at�;10 a.m. Tina Wiison distributed copies of 1995/96 Annual Operat�n� and Caaital Imnrovement Budget and rnewly released Revenue Manual. Committee members discussed the purpose of the Committee. She also discusse�i the City Manager's plan to offer business plans for all Enterprise operations this spring and summer, and intemaD service funds when these are completed. The Committee was encouraged to partici�ate in reviewing these plans as a Committee if they would like. � Louise expressed that the Commiss�o0 does not of%r feedback on the Board's recommendation. Tina assured the board that all Committee recomrnen•dations are forwarded to the Commission , but also indicated that a new procedure is being implemented by Rhe City Clerk to make sure the Commission receives all Committee recommendations. It was decided that the Committee noeeded more direction from the Commission members regarding Advisory Board project priorities. Committee Request to Ci Commission � In an effort for the CommiKee im be productive, ond to best serve the citiZens of Ctearwater, the :....;;. ....,..,.. .....:... ,�. . . . . . . '': Bud,get �dv�sory Cortr�ruttee req.�ests a list of specifc pro�ects ihat the C�ty Commission would like the � � Co»�mittee to adda�es� Louise suggested that the City shoul•d have a Board of Health. She indicated that the State and County do not do a sui�icient,job, and a Board of Hea14h � wouid help the citizens of this City. Tina indi�ated that the updated Recy-cling Plan will be presented to the City Commissinn on February 15. Because the Commission has tasked the Com�minee with monitoring how well the Recycling operation follows the business plan., it was suggested that the nezG meeting be scheduled at the Solid Waste Complex to receive an update from Mr. Bob Brumback. The Committee decided that they w�il meet on the second Wednesday of every month at 8:00 a.m. The ne�ct mee:ing of the BAC will be Wedne�day, February 14, 1996 (8:00 a.m. at the Solid Waste Complex). Dan Moran indicated that although t�e City has not had a tax increase, the cost of services have increased. Tina said that the City Manager will . be reviewing the three year f ancial forecast on the General Fund budget on February l3. This information, and ehe results of this meeting wit�be discussed with the City Commission most likely when the new Commission is seated. Dan Moran discussed public safety issues on downtown Cleveland Street. He said that the City should consider making Cleveland a one way street. Traffic is very heavy downtawn. Make Drew one way. Mr. Moran addressed the lighting of th� new Cleanvater Pass Bridge. Said if we are going to light it, "let's do it right" The mc;eting adjourned at 10;15 p.m.-