10/16/2003
CITY COMMISSION
j
MEETING
10/16/03
NOTE:
10/13/03 PRELIMINARY (WS) AGENDA, & PAPER
WORK THAT WAS IN PACKET INITIALLY BUT .
. THEN NOT CONTINUED ONTO THURSDAY'S
, COMMISSION AGENDA IS AT THE BACK OF THIS
AGENDAP ACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 16,2003 - 6:03 P.M. - Commission Chambers
1. Invocation -Tom E. Shelton, Youth Minister, Harborside Christian Church
2. Pledge of Allegiance - Mayor.
3. Service Awards - 3 Given.
4. Introductions, Awards and Presentations - Given.
a. Proclamation: Martial Arts Day - October 18, 2003
b. Presentation: Neighborhood Awards for the quarter
c. Presentation: Good Neighbor Award
d. Presentation: 2003 FNGA Operating Person of the Year - Mark Tranter
I
5. Approval of Minutes - Regular Meeting 10/02/03 and Special Meeting 10/02/03
ACTION: Approved as submitted.
6. Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
7. Public Hearing & First Reading Ordinances #7179-03, #7180-03 & #7181-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City
Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City LMDR, Low Medium Density Residential District for 910 Berkley
Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16). ANX2003-07015 (Lawrence A. &
Susan Wather)
ACTION: Approved. Ordinances passed 1 st reading.
8. Public Hearing & First Reading Ordinances #7176-03, #7177-03 & #7178-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City LMDR, Low Medium Density Residential District for 2179 Burnice
Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15). ANX2003-07014 (Charles R. Smalley)
ACTION: Approved. Ordinances passed 1st reading.
9. Public Hearing & First Reading Ordinances #7184-03, #7185-03 & #7186-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City LOR, Low Density Residential District for 1830 Brentwood Drive
(Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15). ANX2003-07016 (Steve G. &
Rebecca L. Rainwater)
ACTION: Approved. Ordinances passed 1 st reading.
10. Public Hearing - Charter Review Committee Report.
ACTION: Consensus to bring forward all committee recommendations except
Committee recommendations going directly to referendum.
Commission Action Agenda 2003-10-16-
1
10/16/03
Public Hearing - Second Reading Ordinances
11. Ord. #7183-03 - revise Appendix A, Building Permit Fees, Code of Ordinances.
ACTION: Ordinance adopted.
12. Ord. #7211-03 - amend Clearwater Code of Ordinances 2.322, 2.325, 2.328, 2.329 and
2.332 regarding reimbursement and payment of travel costs.
ACTION: Ordinance adopted.
13. Ord. #7194-03 - establish new non-resident fees for non-residents to participate at City
recreation facilities and in City recreation programs and activities.
ACTION: Ordinance adopted as amended.
14. Ord. #7192-03 - provide a revised watering schedule for all types of water to parallel the
Southwest Florida Water Management District rescission of Executive Order SWF 01-18
and adopt the current water use restrictions contained in Chapter 400-22, F.A.C.
CONT. TO DATE UNCERTAIN
ACTION: Ordinance continued to a date uncertain.
Third Reading Ordinances
15. Ord. #7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to
Institutional (INS) (LUZ2003-03002)
ACTION: Ordinance adopted as amended.
16. Ord. 7125-03 - Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential
District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd. (A
portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16)
(LUZ2003-03002)
ACTION: Ordinance adopted as amended.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 17-28) - Approved as submitted.
17. Approval of Purchases per Purchasing Memorandum:
1. Tampa Bay Engineering Group Inc., Clearwater, Florida - Engineering services during
the contract period 10/17/03 thru 7/16/06 in the amount of $250,000. (CGS) (Consent)
2. Rowland Inc., Pinellas Park, Florida - Manhole rehabilitation during the contract period
10/17/03 thru 10/31/04 in the amount of $190,000. (PW) (Consent)
18. Ratify and confirm the City Manager's approval to expend the amount of $327,500 for the
excavation, transportation, lab work and disposal of contaminated coal-tar material, $70,500
for the excavation and disposal of regular household trash, both of which were unearthed
during the construction of the Community Sports Complex. Approve funding in the amount
of $25,000 for the removal of exotic plants and scrub brush in the right of way and pond
along U.S. 19 and the eastern boundary of the Community Sports Complex for a total
approval of $423,000.00 towards the project. (PR)
19. Approve an Amendment to License Agreement between Florida Power Corporation and the
City of Clearwater for use of the right of way along Old Coachman Road. (PR)
Commission Action Agenda 2003-10-16-
2
10/16/03
20. Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary
Pension Fund. (PO)
21. Approve extension of a contact to Automated Presort, Inc. in the amount of $390,000
(estimated) from November 1, 2003 to October 31,2004 for mail processing services and
postage for the City of Clearwater. (PC)
22. Accept a 13.1 square foot, more or less, perpetual Right-of-Way and Utilities Easement
granted by Marilyn T. Urban and Deborah L. Gillespie, conveyed for $1.00 and other
consideration across a portion of lot 89, AMBlESIDE SUBDIVISION, SECOND ADDITION,
as more particularly described therein and authorize the appropriate officials to execute
same. (PW)
23. Accept a 25-foot wide Utility Easement over and across a 253.24 foot portion of the
Southeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East
conveyed by Grace Baptist Church of Clearwater, Inc. for and in consideration of the sum of
$1.00 and the appropriate officials be authorized to execute same. (PW)
24. Award a contract for the NORTH BEACH DRAINAGE IMPROVEMENTS (02-0007-EN) to
Keystone Excavators of Oldsmar, Florida for the sum of $586,876.40, which is the lowest
responsible bid, received in accordance with the plans and specifications. (PW)
25. Approve a contract with George R. and Theresa C. Nowak to sell surplus property
described as the West 399.78 foot portion of the 50-foot former railroad easement abutting
the south property line of lot 15, CLEARWATER INDUSTRIAL PARK, for $40,000, subject
to terms and conditions contained therein and authorize the appropriate officials to execute
same. (PW)
26. Approve a contract with Bellomo-Herbert and Company, Inc. for design of the Cleveland
Street and Station Square Park streetscape, in the amount of $371,828.61 and authorize
the appropriate officials to execute same. (PW)
27. Lease Purchase Contract with SunTrust. (FN)
28.2004 State legislative Package. (ORlS)
OTHER ITEMS ON CITY MANAGER REPORT
29. Approve Parks and Recreation Board recommendation naming City property located within
Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing
Avenue to the east, Prospect lake Park. (PR)
ACTION: Continued to a date uncertain.
30. First Reading Ordinance No. 7163-03 - Amending Chapter 17: Fire Prevention to achieve
compliance with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60:
Florida Fire Prevention Code; delete local amendments superseded by Statute; and modify
penalty for violation of articles.
ACTION: Approved. Ordinance passed 1st reading.
31. First Reading Ordinance No. 7193-03 - Amending Chapter 5: Fire Alarms, to delete and
modify definitions; to limit the number of courtesy warnings; and to modify the procedures
relating to issuance of citations for false alarms.
ACTION: Approved. Ordinance passed 1st reading.
32. Approve the collective bargaining agreements as negotiated between the City of Clearwater
and Fraternal Order of Police, Lodge # 10 and Clearwater Supervisors, for Fiscal Years
2003/04, 2004/05, and 2005/06.
Commission Action Agenda 2003-10-16-
3
10/16/03
ACTION: Approved.
33. IAFF Union Negotiations Update - Given.
34. Other Pending Matters- None.
CITY A TIORNEY REPORTS
35. Other City Attorney Items
a. Emergency Alcoholic Beverage Ordinance #7216-03 - Relating to the opening and
closing hours for Alcoholic Beverage Establishments and to adopt hours established by
the Board of County Commissioners.
ACTION: Approved. Ordinance passed 1st and final reading.
b. Alcoholic Beverage Ordinance # 7217-03 - Relating to the opening and closing hours
for Alcoholic Beverage Establishments and to adopt hours established by the Board of
County Commissioners.
ACTION: Approved. Ordinance passed 1st reading.
36. City Manager Verbal Reports - None.
37. Commission Discussion Items
a. City Attorney's Evaluation.
ACTION: All evaluations of Exceeds Expectations.
b. City Manager's Evaluation.
ACTION: On scale of 1 -5, all evaluations of above 4.
38. Other Commission Action
Hibbard went to Police Officer promotion ceremony - appreciates their camaraderie;
attended Make a Difference Fishing Tournament - touching event to see kids with special
needs enjoying event; participated in Youth Leadership Pinellas interviews, applicants
impressive, future in good hands.
AunQst wished Commissioner Jonson, Assistant City Manager Garry Brumback, City
Clerk Cyndie Goudeau, and Commission Staff Assistant Carolyn Brink Happy Birthday;
Commission participated in Jazz Holiday kick-off party on 10/14; he attended Conversations on
the Future of Downtown Clearwater at 7 pm on 10/14 - next sessions are 10/21 and 10/27 at 7
pm; some Commissioners attended the 10/15 Lowe's Grand Opening at Clearwater Mall; he
welcomed the gathering of the National Association of Retired Federal Employees at
Harborview Center today; 10/17 at 9 am will be RCS Rally for the Food Pantry - please
support; 10/18 at 9:45 a.m. will attend grand opening of Jared the Galleria of Jewelry at
Clearwater Mall; encouraged everyone to attend the Clearwater Jazz Holiday tonight thru 10/19;
Grand Opening of the NextWave Computer Store at Clearwater Mall is 10/24 at 10 am;
National Conference for Community and Justice kick-off campaign Is at Tampa City Hall on
10/28 at 3 pm - slogan is Use Your Voicel Eliminate Hatel; on 10/29 at 5:30 pm will attend the
Ruth Eckerd Hall Re-openlng Gala re their extensive renovation; on 11/1 at 8: 15 am will join in
the Heart Walk at the Ice Palace; next Work Session is 11/3 at 9 am.
Commission Action Agenda 2003-10-16-
4
10/16/03
Jonson found conversations held re Downtown fascinating - encouraged everyone to
attend meetings Tuesdays; attended Senator Sebesta's Tampa Bay Commuter Rail Authority
meeting last Wednesday - legislation has been asleep for 10 years - may be funded by
revenue bonds - need to do feasibility study; FDOT currently doing intermodal transportation
study that can be expanded - expects results in Spring.
Hamilton attended Make a Difference Fishing Tournament -will need help from City to
do twice a year; be careful this Halloween re safety of children as it is on Friday this year;
wished his older brother Happy Birthday.
Gray said lots of things going on; sad she must resign her seat in December due to
husband's job relocation; has enjoyed serving with everyone; thanked everyone for their
friendship and support.
39. Adjournment - 8:41 pm.
Commission Action Agenda 2003-10-16-
5
10/16/03
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 16, 2003 - 6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized,
then state your name and address. Persons speaking before the City Commission shall be
limited to 3 minutes unless otherwise noted under Public Hearings. For other than Citizens to
be heard re items not on the Agenda, a spokesperson for a group may speak for three (3)
minutes plus an additional minute for each person in the audience that waives their right to
speak, up to a maximum of ten (10) minutes. Please obtain the needed form to designate a
spokesperson from the City Clerk (right hand side of dais) and return it to her prior to the start
of the meeting. Up to thirty minutes of public comment will be allowed for an agenda item. No
person shall speak more than once on the same subject unless granted permission by the City
Commission. The City of Clearwater strongly supports and fully complies with the Americans
with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you
require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using beepers, cellular telephones and other distracting devices
during the meeting.
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions, Awards and Presentations
a. Proclamation: Martial Arts Day - October 18, 2003
b. Presentation: Neighborhood Awards for the quarter
c. Presentation: Good Neighbor Award
d. Presentation: 2003 FNGA Operating Person of the Year - Mark Tranter
5. Approval of Minutes - Regular Meeting 10/02/03 and Special Meeting 10/02/03
6. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Quasi-judicial public hearings:
All individuals speaking on these items will be sworn-in.
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be cross~
examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for
others that have waived their time).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
7. Public Hearing & First Reading Ordinances #7179-03. #7180-03 & #7181-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to
City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LMDR, Low Medium Density Residential District for
Commission Agenda 2003-1 0-16.doc
1
10/16/03
910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16). ANX2003-07015
(Lawrence A. & Susan Walther)
8. Public Hearing & First Reading Ordinances #7176-03, #7177-03 & #7178-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City LMDR, Low Medium Density Residential District for 2179
Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15). ANX2003-07014 (Charles R.
Smalley)
9. Public Hearing & First Reading Ordinances #7184-03, #7185-03 & #7186-03 - Approve the
Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City LOR, Low Density Residential District for 1830 Brentwood
Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15). ANX2003-07016 (Steve G.
& Rebecca L. Rainwater)
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions - Comments in support and in opposition (3 minutes per speaker or
10 minutes maximum as spokesperson for others that have waived their time).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
10. Public Hearing - Charter Review Committee Report.
Public Hearing - Second Reading Ordinances
11. Ord. #7183-03 - revise Appendix A, Building Permit Fees, Code of Ordinances.
12. Ord. #7211-03 - amend Clearwater Code of Ordinances 2.322, 2.325, 2.328, 2.329 and
2.332 regarding reimbursement and payment of travel costs.
13. Ord. #7194-03 - establish new non-resident fees for non-residents to participate at City
recreation facilities and in City recreation programs and activities.
14. Ord. #7192-03 - provide a revised watering schedule for all types of water to parallel the
Southwest Florida Water Management District rescission of Executive Order SWF 01-18
and adopt the current water use restrictions contained in Chapter 400-22, F.A.C.
CONT. TO DATE UNCERTAIN
Third Reading Ordinances
15. Ord. #7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to
Institutional (INS) (LUZ2003-03002)
16. Ord. 7125-03 - Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential
District, to (I) Institutional District, for 2701,2720,2751 & 2770 Regency Oaks Blvd. (A
portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16)
(LUZ2003-03002)
Commission Agenda 2003-10-16.doc
2
10/16/03
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 17-28)
Consent Agenda items require no formal public hearing and are subject to approval by a single
motion. However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda for discussion and individual vote.
17. Approval of Purchases per Purchasing Memorandum:
1. Tampa Bay Engineering Group Inc., Clearwater, Florida - Engineering services during
the contract period 10/17/03 thru 7/16/06 in the amount of $250.000. (CGS) (Consent)
2. Rowland Inc., Pinellas Park, Florida - Manhole rehabilitation during the contract period
10/17/03 thru 10/31/04 in the amount of $190,000. (PW) (Consent)
18. Ratify and confirm the City Manager's approval to expend the amount of $327,500 for the
excavation. transportation, lab work and disposal of contaminated coal-tar material, $70,500
for the excavation and disposal of regular household trash, both of which were unearthed
during the construction of the Community Sports Complex. Approve funding in the amount
of $25,000 for the removal of exotic plants and scrub brush in the right of way and pond
along U.S. 19 and the eastern boundary of the Community Sports Complex for a total
approval of $423,000.00 towards the project. (PR)
19. Approve an Amendment to License Agreement between Florida Power Corporation and the
City of Clearwater for use of the right of way along Old Coachman Road. (PR)
20. Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary
Pension Fund. (PO)
21. Approve extension of a contact to Automated Presort. Inc. in the amount of $390,000
(estimated) from November 1. 2003 to October 31, 2004 for mail processing services and
postage for the City of Clearwater. (PC)
22. Accept a 13.1 square foot, more or less, perpetual Right-of-Way and Utilities Easement
granted by Marilyn T. Urban and Deborah L. Gillespie, conveyed for $1.00 and other
consideration across a portion of Lot 89, AMBLESIDE SUBDIVISION, SECOND ADDITION,
as more particularly described therein and authorize the appropriate officials to execute
same. (PW)
23. Accept a 25-foot wide Utility Easement over and across a 253.24 foot portion of the
Southeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East
conveyed by Grace Baptist Church of Clearwater, Inc. for and in consideration of the sum of
$1.00 and the appropriate officials be authorized to execute same. (PW)
24. Award a contract for the NORTH BEACH DRAINAGE IMPROVEMENTS (02-0007 -EN) to
Keystone Excavators of Oldsmar, Florida for the sum of $586,876.40 which is the lowest
responsible bid received in accordance with the plans and specifications. (PW)
25. Approve a contract with George R. and Theresa C. Nowak to sell surplus property
described as the West 399.78 foot portion of the 50-foot former railroad easement abutting
the south property line of lot 15, CLEARWATER INDUSTRIAL PARK, for $40,000, subject
to terms and conditions contained therein and authorize the appropriate officials to execute
same. (PW)
26. Approve a contract with Bellomo-Herbert and Company, Inc. for design of the Cleveland
Street and Station Square Park streetscape, in the amount of $371,828.61 and authorize
the appropriate officials to execute same. (PW)
27. Lease Purchase Contract with SunTrust. (FN)
28. 2004 State legislative Package. (ORlS)
CommiSSion Agenda 2003-1 0-16.doc
3
10/16/03
OTHER ITEMS ON CITY MANAGER REPORT
29. Approve Parks and Recreation Board recommendation naming City property located within
Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing
Avenue to the east, Prospect Lake Park. (PR)
30. First Reading Ordinance No. 7163-03 - Amending Chapter 17: Fire Prevention to achieve
compliance with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60:
Florida Fire Prevention Code; delete local amendments superseded by Statute; and modify
penalty for violation of articles.
31. First Reading Ordinance No. 7193-03 - Amending Chapter 5: Fire Alarms. to delete and
modify definitions; to limit the number of courtesy warnings: and to modify the procedures
relating to issuance of citations for false alarms.
32. Approve the collective bargaining agreements as negotiated between the City of Clearwater
and Fraternal Order of Police, Lodge # 10 and Clearwater Supervisors, for Fiscal Years
2003/04, 2004/05, and 2005/06.
33. IAFF Union Negotiations Update
34. Other Pending Matters
CITY ATTORNEY REPORTS
35. Other City Attorney Items
a. Emergency Alcoholic Beverage Ordinance #7216-03 - Relating to the opening and
closing hours for Alcoholic Beverage Establishments and to adopt hours established by
the Board of County Commissioners.
b. Alcoholic Beverage Ordinance # 7217-03 - Relating to the opening and closing hours
for Alcoholic Beverage Establishments and to adopt hours established by the Board of
County Commissioners.
36. City Manager Verbal Reports
37. Commission Discussion Items
a. City Attorney's Evaluation.
b. City Manager's Evaluation.
38. Other Commission Action
39. Adjournment
Commission Agenda 2003-10.16.doc
4
10/16/03
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Agenda Cover Memorandum
City COlllmission
Preferred Date:!IO-lb-:!()()]
-Subject I Recommendation:
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Item 10: 208
Submitted: 109-11-2003
Actual Date: I
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Latest Possible Date: \11-Ou-2003
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Library
Economic D-i':velopment
Police
Felice
Police
Library
Pa::~s ~ R~creation
Par~s & Recreation
Police
Police
Gas
I.brine .... .;'v'iatlon
Llbrary
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Police
Parks & Recreation
Parks & Recreation
Public Services
Originating Department: II-Iumn n Rc source s
Calegor/: IOlher
~ Section: Ilnlroductions. Awurds and Presenlations
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Number of Hard Copies attached:
Public Hlearlng:
-Review Approval: (Signature indicates approval.)
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City Commission
Agenda Cover Memorandum
I
Tracking Number: 220
Actual Date: 10/16/2003
Subiect / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for
910 Berkley Place (Lot 9, Block A Palmetto Terrace in Section 7, Township 29 South and Range 16
East); and PASS Ordinances #7179-03, #7180-03 & #7181-03 on first reading.
Summary:
The subject property is located at 910 Berkley Place, on the southwest corner of Berkley Place and
Palmetto Street approximately 600 feet east of Belcher Road. The applicant is requesting this
annexation in order to receive City sewer. The property is contiguous with the existing City
boundaries to the south; therefore, the proposed annexation is consistent with Florida Statutes
with regard to voluntary annexation. It is proposed that the abutting rights-of-way not currently
within the City limits also be annexed. The subject site is approximately 0.17-acres in area and is
occupied by a single-family dwelling. It is proposed that the property have a Future Land Use
Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density
Residential.
The Planning Department determined that the proposed annexation is consistent with the
follOWing standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of
service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPe) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2003-07015) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on September 16, 2003 and unanimously recommended approval.
Originating:
Planning
User Deoartment:
Section:
Quasi-judicial public hearings
Cateoorv:
Annexations, Land Use Plan and Zoning
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COB Meeting Date: September 16, 2003
Case Number: ANX2003-070l5
Agenda Item : E2
CITY OF CLEAR\\'ATElt
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFOAAIATION:
OWNER/APPLICANT:
Lawrence A. and Susan Walther'
LOCATION:
910 Berkley Place, located at the sOllthwclI1 con""',, nl'lll,'l'klc)' PllIce
and Palmetto Street, approximatcly (,00 reel CllNI ()I' 1 tl.!ldlCI' Itulld.
REQUEST:
(a)
Annexation of 0.17-ucl'cs or pl'OpCl'ly 111111 ().2,1.lIl~I'CS of'
Right-of- Way to the City or CICIIIWlIlc/';
(b) Land Use Plan amendment from the IH.I. I~CHldclIlllIl Ul'hllll
Category (County) to the RU. Rcsidcllllllll Jl'hllll ('lItcgOI'Y
(City of Clearwater); and
(c) Rezoning from the R3, Single Family Residclltllll Disll'ict
(County) to the LMDR, Low Medium Density l~csidclltllll
District (City of Clearwater).
SITE INFORMATION
.aRo.aERTY SIZE: 7,500 square feet or 0.17 acres
DIM.:NSION OF SITE: 75 feet wide by 100 feet deep m.o.l.
.aROPERTY USE:
Current Use:
Proposed Use:
Single-family residential
Single-family residential
,
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU)
Residential Urban (RU)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
LMDR, Low Medium Density Residential
SInO' Report - COlllmunity Development Board - September 16,2003 - Case ANX2003.070 15 - Page 1
EXISTING
SURROUNDING USES:
North: Single-family residcntial
South: Single-family residcntial
East: Single-family rcsidcntial
West: Single-family residential
ANALYSIS:
The subject property is located at the southwest corner ur Berkley Place and Palmetto Street,
approximately 600 feet east of Belcher Road. The applicant is requcsting this annexation in
order to receive City sewer. The property is contiguous with the existing City boundaries to thc
south; therefore, the proposed annexation is consistent with Florida Statutes with rcgard to
voluntary annexation. It is proposed that the abutting rights-of-way not currcntly within thc City
limits also be annexed. The subject site is approximately 0.17-acrcs in arca and is occupied by a
single-family dwelling. It is proposed that the property havc a Futurc Land Usc Plan designation
of Residential Urban (RU) and a zoning catcgory of LMDR, Low Medium Density Rcsidential.
A. IMPACT ON CITY SERVICES:
Water and Sewer:
The applicant receives water service from Pinellas County. Sewer service will bc provided by
the City of Clearwater and capacity for the project is availablc for this utilities. The closest
sewer line is located in the adjacent Palmetto Street or Berkley Place rights-of-way. The
applicant has paid the $900.00 sewer impact fee, as well as the S380.25 sewer assessment fee,
and is aware of any additional costs to extend City sewer service to the property.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which thcrc arc currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. Thc District Station is
located at 2851 North McMullen Booth Road. Community policing service will bc provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police scrvicc and rcsponse time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to these properties by station #48 located
at 1700 N. Belcher Road. The Fire Department will be able to serve these properties and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
Staff Report - Community Dcvelopmcnt Board - Scptcmber 16.2003 - Case ANX2003-07015 . Page 2
B. CONSISTENCY 'VITH CITY'S COMPREHENSIVE PLAN:
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RU). It is the purpose of this category to depict those areas of the County that
are now dcveloped, or appropriate to be developed, in a urban low density residential manncr;
and to recognizc such areas as primarily well-suited for residential uses that are consistent with
the urban qualities and natural resource characteristics of such areas. Residential uses, lip to a
maximum of 7.5 dwelling units per acre, are the primary uses in this plan category. Secondary
uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational
Facility; AncillalY Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Urban (RU) plan category and the
proposed use is consistent with the uscs and density of this plan catcgory. Further, the
annexation promotes infill dcvelopmcnt as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban developmcnt within the urban service area shall bc promoted
through application of the Clearwater Community Development Code.
In summa!)', the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT 'VITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier, the application for annexation involves a single-family detached dwelling. The
property is 75 feet in width and 7,500 square feet in lot area. The appropriate zoning district
under the Community Development Code is the LMDR, Low Medium Density Residential
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject property exceeds the
minimum dimensional requirements of a standard development in the LMDR District and is
therefore consistent with the Community Development Code.
D. CONSISTENCY 'VITO THE COUNTY'VIDE PLAN:
There is no change requested in the Comprehensive Plan category of the sitc, which will rcmain
Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre for the
Residential Urban plan category.
E. CONSISTENCY 'VITO PINELLAS COUNTY AND FLORIDA LA'V:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and detennined it complies with the ordinance criteria.
Staff Rcport - Communit)' Dc\'elopmcnt Board - Septembcr 16. 2003 - Case ANX2003-07015 - Page 3
Florida Statutes require that a proposed annexation be both contigllolls with the eXlstmg
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation
does not create an enclave or a serpentine pattem of municipal boundaries. The annexation of
this property is consistent with this standard. In summary, the annexation of this property is
consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is
also aware of the additional cost to connect the property to the City sewer systems.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Countywide Plan with regard to both the Future Land Use Map as well as the goals and
policies. The existing and proposed use of this site as a single-family detached dwelling is
consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with
Florida law regarding municipal annexation through its adjacency with existing City boundaries
and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the property located at 910 Berkley Place and the
abutting rights-of-way for Palmetto Street and Berkley Place.
Recommend APPROVAL of the Residential Urban (RU) category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the LMDR, Low Medium Density Residential zonmg district
pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Starr Report - Community Development I30ard - September 16, 2003 - Case ANX2003-070 15 - Page 4
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\l'latl/ling DCparlntCntlC D 81..1 IInc.mliolls 1..1 NX - 100J\..tN.\'2ooJ.01004 liran JOI'III1DI' .1119 San .\IalcD 5IIAN.':100J-01004 liran Jorallol' sllIjJreporl,lIor
,Staff Report - Community DevelopmentBoard- September 16, 2003 ~ Case At"lX2003-07015 - Page 5
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Location Map
Owners: Lawrence A. & Susan Walther
Case:
ANX2003-070 15
Site: 910 Berkley Place
Property Size (Acres):
R.O.W. Size (Acres):
0.17
0.24
Land Use Zoning
PIN: 07/29/16/65898/001/0090
From:
RU
R3(County)
To:
RU
LMDR
Alias Page:
281A
ORDINANCE NO. 7179-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF BERKLEY PLACE AND PALMETTO
STREET, APPROXIMATELY 600 FEET EAST OF BELCHER
ROAD, CONSISTING OF LOT 9, BLOCK A, PALMETTO
TERRACE, TOGETHER WITH THE ABUTTING RIGHT OF WAY
FOR PALMETTO STREET AND BERKLEY PLACE, WHOSE
POST OFFICE ADDRESS IS 910 BERKLEY PLACE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 9, Block A, Palmetto Terrace, according to the map or plat thereof as recorded
in Plat Book 39, Page 75, Public Records of Pinellas County, Florida, together with
the abutting right of way for Palmetto Street and Berkley Place
(ANX 2003-07015)
Section 2. The prOVisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County I Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form.:. .-. . . .
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Leslie K. Dougall-'sides I .
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7179-03
Proposed Annexation
Owners: Lawrence A. & Susan Walther Case: ANX2003-070 15
Site: 910 Berkley Place Property Size (Acres): 0.17
R.O.W. Size (Acres): 0.24
Land Use Zoning
PIN: 07/29/16/65898/001/0090
From RU R3(County)
To: RU LMDR Alias Page: 281A
Exhibit A
Ordinance No. 7179-03
ORDINANCE NO. 7180-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF BERKLEY PLACE AND PALMETTO
STREET, APPROXIMATELY 600 FEET EAST OF BELCHER
ROAD, CONSISTING OF LOT 9, BLOCK A, PALMETTO
TERRACE, TOGETHER WITH THE ABUTIING RIGHT OF WAY
FOR PALMETTO STREET AND BERKLEY PLACE, WHOSE
POST OFFICE ADDRESS IS 910 BERKLEY PLACE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property . Land Use Cateoorv
Lot 9, Block A, Palmetto Terrace, according to the map or Residential Urban
plat thereof as recorded in Plat Book 39, Page 75, Public
Records of Pine lias County, Florida, together with the
abutting right of way for Palmetto Street and Berkley Place
(ANX2003-07015)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7179-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Apprpved as to form:, ..
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Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7180-03
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ORDINANCE NO. 7181-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF BERKLEY PLACE AND PALMETTO STREET,
APPROXIMATELY 600 FEET EAST OF BELCHER ROAD,
CONSISTING OF LOT 9, BLOCK A, PALMETTO TERRACE,
TOGETHER WITH THE ABUTTING RIGHT OF WAY FOR
PALMETTO STREET AND BERKLEY PLACE, WHOSE POST
OFFICE ADDRESS IS 910 BERKLEY PLACE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 9, Block A, Palmetto Terrace, according to the'
map or plat thereof as recorded in Plat Book 39,
Page 75, Public Records of Pinel/as County,
Florida, together with the abutting right of way for
Palmetto Street and Berkley Place
(ANX2003-07015)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7179-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7181-03
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Agenda Cover Memorandum
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Tracking Number: 221
Actual Date: 10/16/2003
SUbject / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for
2179 Burnice Drive (Lot 31, Glen Ellyn Esates in Section 24, Township 29 South and Range 15
East); and PASS Ordinances #7176-03, #7177-03 & #7178-03 on first reading.
Summary:
The subject property is located at 2179 Burnice Drive, on the south side of the street
approximately 220 feet west of Belcher Road. The applicant is requesting this annexation in order
to receive City sewer service. The property is contiguous with the existing City boundaries to the
north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard
to voluntary annexation. The subject site is approximately 0.23-acres in area and is occupied by
an existing Single-family detached dwelling. It is proposed that the property have a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density
Residential.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of
service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2003-07014) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on September 16, 2003 and unanimously recommended approval.
Originating:
Planning
User Department:
Section:
Quasi-judicial public hearings
Category:
Annexations, Land Use Plan and Zoning
Public HearinQ: Yes
Number of Hard Copies attached: 8
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CDS Meeting Date: September 16, 2003
Case Number: ANX2003-07014
Agenda Item: E 1
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
BACKGROUND INFORMATION:
OWNER/APPLICANT:
Charles R. Smalley
LOCATION:
2 179 Bumice Drive, located on the south side of Bumice Drive,
approximately 220 feet west of Belcher Road.
REQUEST:
(a)
Annexation of 0.23-acres of property to the City of
Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low
Category (County) to the RL, Residential Low Category
(City of Clearwater); and
(c) Rezoning from the R3, Single Family Residential District
(County) to the LMDR, Low Medium Density Residential
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
10,280 square feet or 0.23 acres
DIMENSION OF SITE:
75 feet wide by 137 feet deep m.o.1.
PROPERTY USE:
Current Use:
Proposed Use:
Single-family residential
Single-family residential
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL)
Residential Low (RL)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential District (County)
LMDR,. Low Medium Density Residential (City)
Sta ff Report - Community Development Board - September 16, 2003 - Case ANX2003-070 14 - Page 1
,
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANAL YSIS:
The subject property is located at 2179 Bumice Drive, on the south side of the street
approximately 220 feet west of Belcher Road. The applicant is requesting this annexation in
order to receive City sewer service. The property is contiguous with the existing City boundaries
to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with
regard to voluntary annexation. The subject site is approximately 0.23-acres in area and is
occupied by an existing single-family detached dwelling. It is proposed that the property have a
Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR,
Low Medium Density Residential.
A. IMPACT ON CITY SERVICES: [Section 4-604.F1]
Water and Sewer:
The applicant receives water service from Pinellas County. Sewer service will be provided by
the City of Clearwater and capacity for the project is available for this utility. The closest sewer
line is located in the Bumice Drive right-of-way. The applicant has paid the assessment fce of
$1,200.00, as well as the impact fee of 5900.00 and is aware of any additional costs to extend
City sewer service to the property.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is locatcd within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Policc Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical scrvices will be provided to this property by Station #47 located at
1460 Lakeview Avenue. The Fire Department will be able to serve this property and the
annexation will not advcrscly affect fire and EMS service and response time.
StaITReport - Community Developmcnt Board - Scptcmbcr 16,2003 - Casc ANX2003-07014 - Page 2
In summary. the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B. CONSISTENCY 'VITO CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.I]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed. or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units pcr
acrc. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non~Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and thc
proposed use is consistent with the uses and dcnsity of this plan catcgory. Further, thc
annexation promotes infill development as stated in Objectivc 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT \VITH COl\1MUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 75 feet in width and 10,280 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet arc required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
Staff Report - Community Development Board - Septcmber 16. 2003 - Case ANX2003-070 14 - Pagc 3
E. CONSISTENCY '''ITH PINELLAS COUNTY AND FLORIDA LA''':
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and detemlined it complies with the ordinance
cri tcri u.
Florida Statutes require that a proposed annexation be both contiguous with the eXlst1l1g
municipal boundaries and compact in its concentration (Florida Statutes Chaptcr 171). This site
is contiguous with the existing City boundaries to the north and east and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
anncxation does not create an enclave or a serpentine pattern of municipal boundaries. The
anncxation of this property is consistent with this standard and no new enclave will be created.
In summary, the annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
Thcre are no currcnt code enforcement violations or any code enforcement histol)' on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant has paid the assessment fee and the impact fee payments required for sewer
connection, and is aware of any additional costs to extend City sewer service to the property.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map, as well as the goals and policies. The existing and proposed use of this site as a single-
fanlily dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
req uest:
1. Recommend APPROVAL of the annexation of the property located at 2179 Bumice
Drive.
2. Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
3. Recommend APPROVAL of the LMDR, Low Medium Density Residential zonmg
district pursuant to the City's Community Development Code.
Slaff Report - Community De\'elopment Board - September 16, 2003 - Case ANX2003-070 14 - Page 4
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\PlallIlillg Departmell/IC D BlAllnl!),.ationslANX -. 20031ANX2003-070U Charles R. S/IIallei 2179 Burnice Dr1ANX2003-07014 Charles R
Smalley staff report. doc
Staff Report - Community Development Board - September 16,2003 - Case ANX2003-07014 - Page 5
Location Map
10:
Charles R. Sr1~~I.e:_..________ __._. __ .--1--------- ca=.~~______d_~____ _~~~2~~~~?!~_~____
?179 Burnice Drive I Properly Size (Acres): 0.23
'n. ~';1;~~1 ~s~------.-.-- ----~oni~~~-.------I----- ----
- .h _.,_____._________________u.__ --,- ----1
RL R3(County)!
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I
I
PIN:
24/29/15/31050/000/0310
Owner:
Sile:
\:ronl:
Rl
LMDR
f\lIosPoge:
308B
ORDINANCE NO. 7176-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BURN ICE DRIVE, APPROXIMATELY 220 FEET
WEST OF BELCHER ROAD, CONSISTING OF LOT 31, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2179
BURNICE DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 31, Glen Ellyn Estates. according to the map or plat thereof as recorded in Plat
Book 34, Page 32, Public Records of Pinellas County, Florida (ANX2003-07014)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, inclUding the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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Leslie K. Dougali-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7176-03
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Proposed Annexation
Owner: Charles R. Smalley Case: ANX2003-070 14
Site: 2179 Bumice Drive Property Size (Acres): 0.23
Land Use Zoning
PIN: 24/29/15/31050/000/0310
From: Rl R3(County)
To: Rl LMDR A tlas Page: 308B
Exhibit A
Ordinance No. 7176-03
ORDINANCE NO. 7177-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE lAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 220 FEET
WEST OF BELCHER ROAD CONSISTING OF LOT 31, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2179
BURN ICE DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Prooertv
Lot 31, Glen Ellyn Estates, according to the map'
or plat thereof as recorded in Plat Book 34, Page 32,
Public Records of Pinellas County, Florida
(ANX2003-070 14)
Land Use Cateoorv
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7176-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Ap~roved as to form:
of ..' ( ,
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Ot' ," I . . I _. ~
L~~lie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7177-03
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Future Land Use Map
Owner: Charles R. Smalley Case: ANX2003-Q7014
Site: 2179 Burnice Drive Property Size (Acres): 0.23
Land Use Zoning
PIN: 24/29/15/31050100010310
From: RL R3(County)
To: RL LMDR Atlas Page: 308B
Ordinance NO. 7177-03
ORDINANCE NO. 7178-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE. ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF BURNICE DRIVE, APPROXIMATELY 220 FEET WEST OF
BELCHER ROAD, CONSISTING OF LOT 31, GLEN ELLYN
ESTATES, WHOSE POST OFFICE ADDRESS IS 2179 BURNICE
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 31, Glen Ellyn Estates, according to the map
or plat thereof as recorded in Plat Book 34, Page
32, Public Records of Pinellas County, Florida
(ANX2003-07014 )
ZoninQ District
Low Medium Density Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7176-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
\. i
\ .
" 'o~"" - ....,..'. ,"/
Leslie K. Dougall-Sides:
Assistant City Attorney'
...
,. . ,..
Cynthia E. Goudeau
City Clerk
Ordinance No. 7178-03
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Zoning Map
Owner: Charles R. Smalley Case: ANX2003-070 14
Site: 2179 Burnlce Drive Property Size (Acres): 0.23
land Use Zoning
PIN: 24/29/15/31050/000/0310
From: Rl R3(County)
To: Rl LMDR Atlas Page: 3086
Ordinance No. 7178-03
~ Clearwater!
C_~j
City Commission
Agenda Cover Memorandum
PLD~
9
Trackino Number: 222
Actual Date: 10/16/2003
Subject / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (Rl) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LDR, Low Density Residential District for 1830
Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Section 24, Township 29 South and
Range 15 East); and PASS Ordinances #7184-03, #7185-03 & #7186-03 on first reading.
Summary:
The subject property is located at 1830 Brentwood Drive, on the north side of the road
approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. The applicant is
requesting this annexation in order to receive City sewer service. The property is contiguous with
the existing City boundaries to the south, east and west; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The subject site is
approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL)
and a zoning category of LDR, Low Density Residential.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on publiC facilities and their level of
service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning COl..:ncil (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2003-07016) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at Its regularly scheduled
meeting on September 16, 2003 and unanimously recommended approval.
Orioinating:
Planning
User Department:
Section:
QuaSi-judicial public hearings
CategorY:
Annexations, Land Use Plan and Zoning
CDB Meeting Date:
Case Number:
Agenda Item :
September 16. 2003
ANX2003-070 16
E3
CITY OF CLEAR\V A TER
PLANNING DEPARTMENT
ST AFF REPORT
BACKGROUND INFORMATION:
O\VNER/APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
Steve Rainwater and Rcbecca Rainwater
1830 Brentwood Drive, locatcd on the north side of Brentwood Drive,
approximately 450 feet east of Keene Road and 280 feet north of
Lakeview Road.
(a)
Annexation of 0.24-acres of property to the City of
Clearwater;
(b) Land Use Plan amendment from the RL, Residential Low
Category (County) to the RL, Residential Low Category (City
of Clearwater); and
(c) Rezoning from the R3, Single Family Residential District
(County) to the LOR, Low Density Residential District (City
of Clearwater).
10,800 square feet or 0.24 acres
90 feet wide by 120 feet deep m.o.1.
Single-family residential
Single-family residential
Residential Low (RL)
Residential Low (RL)
R-3, Single-Family Residential District (County)
LDR, Low Density Residential
StafT Report - Community Development Board - September 16, 2003 - Case ANX2003-070 16 - Page I
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANAL YSIS:
The subject property is located on the north side of Brentwood Drive, approximately 450 feet cast of
Keene Road and 280 feet north of Lakeview Road. The applicant is requesting this annexation in
order to receive City sewer service. The property is contiguous with the existing City boundaries to
the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with
regard to voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied
by an existing single-family detached dwelling. It is proposed that the property have a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of LOR, Low Density
Residential.
A. IMPACT ON CITY SERVICES: [Section 4-604.FI]
Water and Sewer:
The applicant receives water service from PineIlas County. Sewer service will be provided by the
City of Clearwater and capacity for the project is available for this utility. The closest sewer Jill': is
located in the adjacent Brentwood Drive right-of-way. The applicant is aware of the assessment fee
and the impact fee payments required for sewer connection, as well as any additional costs to extend
City sewer service to the property;
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with PineIlas County to provide for the disposal of solid waste at the County's Resource
Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview Avenue. The Fire Department will be able to serve this property and the annexation
will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
le\'el of service.
Stall" Rcport - Community Dcvelopment Board - Septembcr t 6. 2003 - Case ANX2003-070 t 6 . Pagc 2
B. CONSISTENCY '''ITH CITY'S COMPREHENSIVE PLA~: [Section 4-604.F.l]
Thc Pincllas County Comprehcnsive Plan and the Countywide Plan designate the site as Residential
Low (RL). It is the purpose of this category to depict those areas of the County that are now
dcvcloped. or appropriate to be develop cd, in a low density residential manner; and to recognize
such areas as primarily well-suited for residential uses that are consistent with the low density, non-
intensive qualities and natural resource characteristics of such areas. Residential uses are the
primary uscs in this plan category up to a maximum of fivc (5.0) dwelling units per acre. Secondary
uses include Rcsidential Equivalcnt; Institutional; TransportationlUtility; Public Educational
Facility; Ancillary Non-Residential and Recreation/Open Space.
The anncxation does not proposc to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the annexation
promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the
Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT '''ITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 90 feet in width and 10,800 square feet in lot area. The appropriate
zoning district based on the surrounding area and the Future Land Use designation is the LOR, Low
Density Residential District. However, as the site does not meet the minimum lot width and lot area
requirements for detached dwelling standard development in the LDR zoning district, any future
redevelopment on the site will be considered a Flexible Standard request and require staff review.
D. CONSISTENCY WITH THE COUNTY\VIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential Low
plan category.
E. CONSISTENCY \VITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staffs
have reviewed this annexation and detemlined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing municipal
boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous
with the existing City boundaries to the south, east and west and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation docs
Slan'Report - Comlllunity Dcvelopmcnt Board - Scptcmbcr 16. 2003 - Case ANX2003-070 16- Page 3
not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this
property is consistent with this standard and no new enclave will be created. In summary, the
annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant is aware of the assessment and impact fee payments required for sewer
connection, as well as any additional costs to extend City sewer service to the property.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map and the goals and policies. The existing and proposed use of this site as a single-family
detached dwelling is consistent with the LDR zoning district. Finally, the proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with existing City
boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of property located at 1830 Breutwood Drive.
Recommend APPROV AL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the LOR, Low Density Residential zoning district pursuant to the
City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\l'lalll,ing Departmen,lC D BL~nncxations\ANX - 200JIANX200J-070/6 StC\'C Rainwater /830 Brcntwood DrIANX2003-070/6 S. Rainwater
/830 Brentwood dr stajJrcport.doc
Staff Report - Community Development Board - September 16, 2003 - Case ANX2003-070 16 - Page 4
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Owners: I Steve & Rebecca Rainwater
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,-~ ..- ~.. _.._~- ~.. *--.-.--------.-----.----
Case:
ANX2003.07016
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Site: ! 1830 Brentwood Drive ! Properly Size (Acres): 0.24
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Land Use
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From:
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PIN:
: 24/29/15/48006/000/0060
RL
R3(Counly)
10:
RL
LOR
A tlas Page:
308A
ORDINANCE NO. 7184-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BRENTWOOD DRIVE, APPROXIMATELY 450
FEET EAST OF KEENE ROAD AND 280 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF LOT 6, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1830
BRENTWOOD DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 6, Lake lela Manor First Addition, according to the Plat thereof as recorded in
Plat Book 38, Page 7, Public Records of Pinellas County, Florida
(ANX2003-07016)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks. rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pine lias County, Florida, within 7 days after
adoption. and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
. '/>/' /' ...l / .(.~,. ~. , /f';' ~ [," ,/ '
" I i( i." . , ". f:.....J'.. \ "r'(' 0,;. l
Leslie K. DoUgall~Side~
Assistant City Attorn'ey
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7184-03
/1,1#
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1:100
/:13/
Proposed Annexation
Owners: Steve & Rebecca Rainwater Case: ANX2003-070 16
Site: 1830 Brentwood Dr Property Size (Acres): 0.24
Land Use Zoning
PIN: 24/29/15/48006/000/0060
From: RL 'R3(County)
To: RL LOR Atlas Page: 308A
Exhibit A
Ordinance No. 7184-03
ORDINANCE NO. 7185-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY lOCATED ON THE
NORTH SIDE OF BRENlWOOD DRIVE, APPROXIMATELY 450
FEET EAST OF KEENE ROAD AND 280 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF LOT 6, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1830
BRENlWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Propertv
Lot 6, Lake Lela Manor First Addition, according to
the Plat thereof as recorded in Plat Book 38, Page 7,
Public Records of Pinellas County, Florida
(ANX2003-07016)
Land Use CateQorv
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7184-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to f~~~- .'" .
~iZ.,/( " .~kVr~A1(/:. V'.
Leslie K. Dougall:Sidef
Assistant City Attorney'
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No. 7185-03
~
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INS/:/OO
1:13'
Fufrue Land Use Map
Owners: steve & Rebecca Rainwater Case: ANX2003-070 16
Site: 1830 Brentwood Or Property Size (Acres): 0.24
Land Use Zoning
PIN: 24/29/15/48006/000/0060
From: RL R3(County)
To: RL LOR Atlas Page: 308A
Ordinance NO. 7185-03
ORDINANCE NO. 7186-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF BRENTWOOD DRIVE, APPROXIMATELY 450 FEET EAST
OF KEENE ROAD AND 280 FEET NORTH OF LAKEVIEW ROAD,
CONSISTING OF LOT 6, LAKE LELA MANOR FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 1830 BRENTWOOD
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LOR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
PropertY
Lot 6, Lake lela Manor First Addition, according
to the Plat thereof as recorded in Plat Book 38,
Page 7, Public Records of Pinellas County, Florida
(ANX2003-07016)
Zonino District
'low Density Residential (LOR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7184-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
A,'iPpr~ved as to form: .....~ :~
\ .' - .
~: .~l' t. (. : ,:hi, {~id(!/~/
I
Leslie K. Dougall-Sides J
Assistant City Attorney'
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7186-03
.
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1200
1231
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Zoning Map
Owners:
steve & Rebecca Rainwater
Case:
. ,
ANX2003-070 16
Site:
1830 Brentwood Dr
Property Size (Acres):
0.24
Land Use
Zoning
PIN:
24/29/15/48006/000/0060
To:
RL
R3(County)
LOR
Atlas Page:
308A
From:
Rl
Ordinance No. 7186-03
. ITEM #
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10
Clearwater Charter Review Committee 2004
Summary Report
,. It is a requirement of the current City Charter that a Charter review occur every 5 years.
,. The last Charter review was completed and changes were adopted in 1998.
,. The Charter Review Committee is an advisory board to the City Commission.
,. It is composed of 12 citizen volunteers who were appointed by the current City Commission.
,. The Committee reviewed every section of the current charter including the areas to which the City Commission
asked us to pay particular attention.
,. We met for the first time on January 28 and on the 2nd and 4th Tuesday of each subsequent month.
,. The meetings were open to the public and each meeting date was advertised in advance.
,. On September 9 we held a public meeting in which we solicited and received opinions from the general public.
,. The following is a summary of our recommendations to the City Commission:
Article I - Corporate Existence
,. There are only minor text changes.
Article II - Legislative Powers
,. In general this section of the Charter lays out the form of government, terms of office and compensation of elected
officials and their duties and limitations. It also addresses procedures for filling vacancies.
,. Form of Government
o We are recommending that the City Commission be renamed City Council. This reflects the proper
nomenclature for our current form of government which is commonly called Council/Manager.
Commissioners will be called Council Members and the Mayor/Commissioner will be known as Mayor.
This was a unanimous vote.
o We discussed the idea of adding more Council members, converting to district voting and changing to a
Strong Mayor form of govemment. We are not recommending any of these ideas.
· The number of Council members was not increased as the current number is sufficient
representation of the entire city. Adding members would not ensure more diversity but could lead
to less consensus resulting in fewer decisions. This was an unanimous consensus.
· Converting to district voting was not recommended as there is not a clear geographic or
demographic boundary in Clearwater that would ensure representation of a particular group. Our
neighborhoods are generally very mixed and there is no significant voting block that exists within
a definable area. This was an unanimous consensus.
· Changing the form of government to a Strong Mayor was not recommended.
· Currently the Mayor presides over Council meetings and is the official head of the City
but he has no veto power nor any special voting rights. The non-elected City Manager is
responsible for proposing and managing the budget and staff administration and serves
at the pleasure of the City Commission.
· A Strong Mayor would have veto power in any Council meeting. He would be responsible
for the budget, policy decisions and staff administration. In all likelihood a Strong Mayor
would be a full time position with commensurate salary and benefits. A Strong Mayor
would result in a diminishing of the powers of the City Manager.
· The majority of the Committee felt the current system was working adequately therefore there
was no immediate need for change. We were advised by Dr. Susan McManus, a professor of
Political Science at USF with whom we conferred, that to make such a radical change would
require an enonnous grass roots or media campaign. neither of which is likely to occur.
· The minority of the Committee felt that having a Mayor who was full time with commensurate
salary and benefits would be more beneficial to the City.
,. Terms of Office and Compensation
o We are recommending that all Council Members and Mayor be elected for four year tenns starting with
the regular City election in 2005. This was an unanimous vote.
· Terms shall over1ap with the Mayor and two Council members elected one year and the additional
two Council members elected two years later.
· We discussed the abolition of term limits but decided to make no changes to this section. Our
decision was largely guided by advice from Dr. McManus. She stated that she knew of no
examples in which term limits, once in place for a number of years, was ever successfully
abolished. To make such a radical change would require an enormous gras~ roots or media
campaign, neither of which is likely to occur.
· We do recommend that the current "sit out" period following the term limit be reduced from three
years to two.
o Having full time Council members was not recommended at this time however we strongly support an
increase in the compensation for Council members. We recommend that the Council request staff
conduct an updated survey of neighboring cities and similar sized cities throughout the country. This was
an unanimous consensus.
Article II - Legislative Powers (Cont'd)
,. Duties and Limitations
o We are not recommending that the duties of the City Council be changed.
o We are recommending that the following limitations of the City Council be changed. These actions were
unanimous votes:
· We are recommending that Stevenson Creek be added as an exception for the requirement of
referendum to authorize permits for dredging or filling.
· We are recommending that limitations be eased in the declaration of surplus real property. This
will allow the City Council to sell, donate or lease any municipal property if they determine that
action to be in the public interest. This includes the disposition of uneconomic remainders and the
donation of real property to a nonprofit organization for the construction of residential units.
· We are recommending that limitations be eased in the leasing of municipal property. This will
allow the City Council to lease municipal real property for terms up to 30 years. Any single terms
longer than 30 years must go to referendum.
· We are recommending that limitations be eased in allowing city owned facilities such as a boat
slips, docks, dock master office, amphitheater, and associated appurtenances such as parking
facilities be developed in the area described as the "Downtown Waterfront". Further, we are
recommending that the parking facilities be located south of Cleveland Street.
o We discussed easing the Real Property limitations even further to grant the City Council broader powers
regarding the sale, donation or lease of any municipal property, except recreation/open space. While the
unanimous consensus was that the City Council should have these broader powers the majority felt that
too many changes to the Charter may not be palatable to the public. The minority felt that decision should
be made by the City Council.
,. Vacancies
o We are recommending that Council members forfeit their office if absent for three consecutive regular
meetings rather than the six allowed by the current charter. This was an unanimous vote.
Article III - Administration
,. This section describes the powers and duties of the City Manager.
o We are recommending that the City Manager shall maintain residency within the city during his tenure.
This was an unanimous consensus.
o We are recommending deletion of the sentence that allows the City Manager to request a public hearing
before remOlal. This was an unanimous vote.
o We discussed requiring a referendum prior to discontinuing the police and/or fire departments and/or
adding an article to the Charter that requires there be a city police and fire departments. We are not
recommending either action.
· The majority felt that either action was too prohibitive upon the City Council.
· The minority felt that it should be up to a public vote via referendum before these services be
replaced or combined with other entities.
Article IV - City Attorney
,. This section describes the powers and duties of the City Attorney.
o We are recommending deletion of the sentence that allows the City Attorney to request a public hearing
before remOlal. This was an unanimous vote.
Article VI - Initiative, Referendum
,. There are only minor text changes.
Article VII - General Proviaiona
,. This section describes the Charter review process
o We are recommending that the charter review process be conducted every six years rather than every
five. This was an unanimous vote.
o We are recommending that the final report of the Charter Review Committee be drafted as a referendum
without revisions from the City Council.
o We are recommending that the Charter Review Committee be composed of twelve members with each
Council member making one appointment, and the other seven members appointed by a majority vote of
the Council. If the number of members of the committee falls below ten, the Council shall appoint
additional members.
o We are recommending that the Mayor and Vice-mayor shall serve as non-voting ex-officio members in
addition to the twelve appointed members.
· The majority felt that the Charter Review process should be independent of City Council approval
and that it should more closely resemble Pinellas County's procedures. Also, if the City Council
could no longer control the process it would be prudent to have at least two Council Members on
the Review Committee.
· The minority felt that the Charter Review Committee should remain an advisory board to the City
Council and the Review Committee should not include any elected officials.
Article VlII- Nominations and Elections
~ There are only minor text changes.
Article IX - Fiscal Management
> There are only minor text changes.
Article X - Transition Schedule
> There are only minor text changes.
( t( L <) ~
(0
PART I
CHARTER AND RELATED LAWS
Subpart A
CHARTER*
* Editors Note: Printed herein is the home rule charter of the city, Ordinance
No. 6371-99, as approved by the electors on March 9,1999. Formerly, said
Charter derived from Ordinance No. 1830, as approved by the electors on
December 12, 1978. Additions made for clarity are indicated by brackets.
Obviously misspelled words have been corrected without notation. A uniform
style of capitalization and a uniform style of expression of numbers have been
employed. Sections amended by subsequent ordinances are followed by a
history note in parentheses.
State Law References: Municipal home rule powers act, F.S. ch. 166;
charter amendments, F.S. 9 166.031.
Article I. Corporate Existence~ aRd-Powers , and Boundaries.
Sec. 1.01. Corporate existence and powers.
Sec. 1.02. Corporate boundaries.
Article II. Legislative Power
Sec. 2.01. Council ; composition; powers.
Sec. 2.02. Qualifications.
Sec. 2.03. Election and terms.
Sec. 2.04. Compensation and expenses.
Sec. 2.05. Mayor-council member, functions~ and powers.
Sec. 2.06. Prohibitions.
Sec. 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
Sec. 2.08. Procedure.
Sec. 2.09. Ordinances and resolutions in general.
Sec. 2.10. Authentication, recording~ and disposition of charter
amendments, ordinances~ and resolutions.
Article III. Administration
Sec. 3.01. City manager.
Sec. 3.02. Appointment; removal; compensation.
Sec. 3.03. Powers and duties of the city manager.
Sec. 3.04. City clerk.
Sec. 3.05. Personnel system.
Article IV. City Attorney; Legal Department
Sec. 4.01. City attorney, legal department.
Sec. 4.02. City attorney, appointment, removal, and compensation,
qualifications and duties.
Sec. 4.03. Assistant city attorneys, i special counsel.
Sec. 4.04. Compensation.
Article V. Reserved
Article VI. Initiative, i Referendum; Recall
Sec. 6.01. Initiative.
Sec. 6.02. Referendum.
Sec. 6.03. Recall.
Sec. 6.04. Commencement of proceedings.
. Sec. 6.05. Petitions.
Sec. 6.06. Procedure to filing.
Sec. 6.07. Referendum petitions; suspension of effect of ordinance.
Sec. 6.08. Action on petitions.
Sec. 6.09. Results of election.
Article VII. General Provisions
Sec. 7.01. Charter amendment.
Sec. 7.02. Charter review advisory committee.
Article VIII. Nominations and Elections
Sec. 8.01. Qualified voters.
Sec. 8.02. Nonpartisan elections.
Sec. 8.03. Form of ballots.
Sec. 8.04. Nominations.
Sec. 8.05. Elections.
Sec. 8.06. Candidate vacancy.
Article IX. Fiscal Management Procedure
Article X. Transition Schedule
Sec. 10.01. Continuation of former charter provisions.
Sec. 10.02. Ordinances preserved.
Sec. 10.03. Rights of officers and employees.
Sec. 10.04. Pending matters.
Sec. 10.05. Schedule.
I
ARTICLE I.
CORPORATE EXISTENCE" AND POWERS. AND BOUNDARIES
.
Section 1.01. Corporate existence and powers.
(a) General Powers. The City of Clearwater, Florida, (the "city"), as
created by Chapter 9710, Special Laws of Florida, 1923, as amended, oRa>>
exist~ and continue as a municipal corporation, with shall have all governmental,
corporate and proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services,:..,t The City aM may
exercise any power for municipal purposes except when expressly prohibited by
law. In addition to the powers enumerated herein, the city shall be vested with all
powers granted by general or special acts of the Legislature of the State of
Florida or as aM otherwise provided by law.
(b) Exercise of Powers. The city may exercise any of its powers and eF
perform and finance ~my of its functions and may participate in tho fin3ncing
thereof, by contract or otherwise, jointly or in cooporatioo with anyone or more
states or political subdivisions or agencies thereof, or the United States or any
agency thereof, or with any person as defined by law.
(c) Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. The city is empowered to do whatever is
necessary and proper for the safety, health, convenience and general welfare of
its inhabitants. The specific mention of a particular power in this charter shall not
be construed as limiting the general power stated in this 8 Section of Article I.
(6372-99,9 1, 1-21-99/3-9-99)
Section 1.02. Corporate boundaries.
The corporate boundaries of the city shall be as they exist on the date this
charter takes effect, provided that the city may shall havo the powor to change its
boundaries in the manner prescribed by law.
ARTICLE II.
LEGISLATIVE POWER
Section 2.01. Council Commission; composition; powers.
(a) Composition. There shall be a city council commission, (the
"council" commission ), composed of five council members commissioR,
including the mayor council member. The members will occupy seats numbered
one through five, inclusive. All members shall be elected at large by the voters of
the city.
(b) Powers. All legislative power of the city shall be vested in the
council commission, except as otherwise provided by law or the provisions of
this charter, and the council commission shall provide for the exercise thereof
and for the performance of all duties and obligations imposed upon the city by
law.
(c) Duties. It shall be the duty of the council commission to discharge
the obligations and responsibilities imposed upon the council commissieR by
state law, city ordinance and this charter. As a part of the discharge of its duty,
the council commission shall:
1. Each October, a report on the evaluation of evaluate the
performance of the city manager and city attorney shall be
presented at a public meetinQ, recognizing areas of exceptional
performance a& '/Jell as 3reJS of in '.\'hich performance can be
improved. The evaluation process shall be determined by the
council commission. The rosults of the ovaluation shall be reported
to the citizens of the city.
2. Adopt by ordinance a comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budget, capital budget and
capital program, and provide providing for hearings on the budget,
capital budget and capital program and the amendment of the
budget following adoption.
3. Provide for an annual or more frequent independent audit of all city
accounts by a firm of certified public accountants. No firm shall be
employed for more than five consecutive years. All audits shall be
in accordance with law.
4. Regulate comprehensive planning, zoning and land development
as provided by law.
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(1 )
The total indebtedness, which for the purpose of this limitation shall
include revenue, refunding, and improvement bonds of the city,
shall not exceed 20 percent of the current assessed valuation of all
real property located in the city. The total budgeted expenditures in
any fiscal year shall not exceed the total estimated revenue plus
any unencumbered funds carried forward from a prior fiscal year.
(3)
The city council commission shall by ordinance adopt procedures
for the purchase or rental of goods and services.
Any non-budgeted expenditure in excess of $5 million must be
approved by the council commission at two separate meetings
(2)
held at least two weeks apart and advertised notice of a public
hearing must be given at least five days prior to the second
meeting.
(4) With the exception of maintenance or emergency dredging, or
dredging relating to those tRat portion~ of Dunedin Pass and
Stevenson's Creek located within the boundaries of the city,
permits for dredging or filling in excess of 10, 000 cubic yards
below the mean high water line may be authorized only after a
properly advertised public hearing before the council commission
and approval at referendum.
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five
years, or other transfer of any municipal real property, the
council must determine re31 proporty must be declared
surplus and no longor nooded for municipal public use by the
commission at an advertised public hearing that such action
serves the public interest. Except in the case of right-of-way
dedications, the granting of easements, disposition of
uneconomic remainders. or as otherwise provided in this G
charter tr3ns3ctions with governmental entities 3S doscribed
herein, no real property may be given away or donated
without prior approval at referendum.
(ii) Except as otherwise provided herein, where the council has
determined that sale of real property is in the public interest
as provided in section 2.01 (d}(5)(i) herein. the real property
declared surplus shall be sold to the party submitting the
highest competitive bid at or above the appraised value
whose bid meets the terms set by the council commission
and whose proposed use of the property is in accordance
with the council's commission's stated purpose for declaring
the pr.operty surplus, if any.
(iii) Surplus r Real property may be transferred to another
governmental entity for less than the appraised value after ~
findina by the council at an advertised public hearing that the
transfer serves a public purpose has boon held and 0 finding
by tho commission of a valid public purposo for the transfer.
(iv) Surplus r Real property may be exchanged for other real
property having a comparable appraised value upon a
findina of the council at a public hearina that such exchanae
serves the public interest.
(v) The council may donate real property to a non profit
orQanization for the construction of residential units upon a
finding by the council at a public hearinQ that such donation
serves a public purpose.
!Yil M No municipally owned real property which was identified as
recreation/open space on the city's comprehensive land use
plan map on November 16, 1989, or at any time thereafter
(or as may be amonded theroafter), may be sold, donated,
leased for a new use, or otherwise transferred without prior
approval at referendum, except when the council
commission determines it appropriate to dedicate right-of-
way from, or easement over, frem such property. Such
recreation/open space property may be leased for an
existing use, without referendum, unless such lease is
otherwise prohibited by charter or ordinance.
(vi!) No right-of-way or public easement which terminates at, or
provides access to, the water's edge of a body of fresh or
salt water may be vacated for private benefit. Nothing
contained in this section shall prevent an easement for utility
purposes from being exchanged for a new easement for
similar purposes or from converting a fee interest for utility
purposes into an easement for such purposes.
(vii!) After a finding as provided in section 2.01 (d)(5)(i) herein the
council The commission may lease municipal real property
for five years or less without declaring it surplus. Municipal
real property declared surplus may be leased for a term up
to 30 years provided, ho\\~o\'or, nothing herein shall preclude
renewal of any lease for a maximum of 30 years. Municipal
property declared surplus may be leased for ~ an initial
period of time or a renewal poriod exceeding 30 years, if
approved at referendum, but not to excood 60 yoars total.
Leases of FOal pr-operty in an industrial park shall provide for
continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's inyestment,
and shall include a rent escalation clause. Nothina in this
section shall oreclude the council from enterina into a new
lease with the same tenant upon exoiration of a current
lease.
(viii) All leases of municipal real property shall contain Fecapture
and r~'Ierter clauses.
(ix) When purchasing real property for less than $ 500,000.00
250,OOMQ, the council GGffi~eR shall obtain an appraisal
performed by city staff or independent certified appraiser. If
the purchase price of such property equals or exceeds $
500.000.00 250,OO~ but is less than $ 1,000,000.00
500,000.00, the council GGffiFfH6sWR shall obtain at least one
appraisal by an independent certified appraiser. If the
purchase price of such property equals or exceeds $
1,000,000.00 500,000.00, the council commission shall
obtain at least two appraisals by independent certified
appraisers.
(6) No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut
Streets, being further described as in Appendix A-;
+Rat portion of city owned land bounded on the north by the right of way
ef-.9Few-StroOt, on the-east by the right of way of Osceola l\vonue, on the
S6tith of tho right of W3Y of Pierce Streot, and on the 'Nost by tho wators of
GteafWater Harbor, lying belov.' the 28 mean sea 10'101 elevation, together
wftR-tfle following doscribed tract: Beginning 3t the northeast corner of
section 16, township 29 south, range 15 east, Pinollas County, Florida,
and run thence west along the north lino of s3id soction. 1320.0 feot;
tAenco south along the west line of tho oast ono half of tho nertheast one
quartor of said section 16, 1526.16 foot to an intersection with an 03sterly
f*9.fection of the centerline of Pierco Stroot; thence south 89045'00" VV
along tho centerline of Pierce Street, 118 feet to an iron stake sot in a
projection of the west line of Osceola Avenue as extended across Piorco
Street; thence south 20 foet along this projection of the southwest corneF
of tho intersection of Pierce Street and Osceola Avenue; thence south
88018'12" \^! 310ng the south line of Pierce Street, 375 foet to the point of
beginning; thence continue south 88018'42" W. 270. 89 foot 310ng said
south line of Pierce Stroot to the east right of way Iino of Pierce
Boulevard; thence south 19024'39" east along aforesaid e3st right of way
along a curve to the right, chord 157.21 feet, arc 157.41 feet, radius 980
feet; thence north 88018'46" east, 120.42 feet; thenco north 0014'32" west,
50 feet; thence north 88018'12", 100 feet; thence north 0014'32" west,
99.80 feet to the point of beginning less and oxcept that portion of tAe
above described tract designatod for the Bandshell Site,
and no municipal or other public real property constituting the
Memorial Causeway or lands immediately contiguous thereto, more
particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-
way, lying between the east abutment of the west bridge and the east line
of Clearwater Harbor, and the submerged portions of Board of Trustees of
the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintaiAeG other than as open space and
associated city-owned recreational facilities such as boat slips,
docks. dock master office. amphitheater. and associated
appurtenances such as city-owned parkinq facilities, and public
utilities together with 3ssocbted appurtenances, except upon a
finding by the council commission at a duly advertised public
hearing that such development is necessary in the interest of the
public health, safety and welfare of the citizens of the city and
approval of such finding at referendum, conducted subsequent to
the public hearing. Any such City owned parkinofacility. other than
surface parkinQ, shall be located south of Cleveland Street. GUy-
owned tennis courts and assOGiated appurtenances may be
constructed and maintained on such property south of Cleveland
Street.
(7) No city owned real property in the area bounded on the north by
Drew Street, on the east by Osceola Avenue, on the south by
Pierce Street, and on the west by the waters of Clearwater Harbor,
shall be sold, donated, leased, or otherwise transferred or used for
other than city facilities except upon a finding by the council
commission at a duly advertised public hearing that such transfer or
use is necessary and in the interest of the public health, safety and
welfare of the citizens of the city and the approval of such finding at
referendum; except for that structure known as Harborview Center,
as described in Appendix B more particulany described 3S:
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's
Correoted Mop of Causo~:Jay Business District, according to the plat
thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records
of Pinellas County, Florida, for a POINT OF BEGINNING, said point
being said \lVesterly right of way line of Osceola Avenue; run
thenco S 01026'17" E, :JIang said \"1esterly right of way line of
Osceola Avenue, 221.38 feet, to the Northeny right of w:JY line of
Cleveland Str~et; thenco N 89058'26" 'PI, along said Northerly right
of way line of Cleveland Street, 103.55 foet; thence N 00000'15" W,
along a line West of tho existing Harborview Center Building,
217.30 feet; thenoe aloRg a line Northeny of said Harborview
Center Building the follO\tting two courses, S 89058'26" E, 187.20
feet; thence N 88007'115" E, 310.86 feot to the POINT OF
BEGINNING.
Wwhich structure may be leased for and used in furtherance of any
municipal purpose consistent with the charter 6l:laracter and ordinances of
the city.
(Ord. No. 6373-99, 99 1, 2,1-21-99/3-9-99)
Section 2.02. Qualifications.
Members of the council oommissioA shall be qualified voters of the city
and shall have continuously resided in the city for at least one year prior to
submitting a petition for election. The council commissioA shall be the judge of
the election,l aM the other qualifications of its members and at the grounds for
forfeiture of their office.
Section 2.03. Election and terms.
All council members commfs.sloners, including the mayor commissioner,
elected prior to the reQular City election in 2005, shall be elected for terms of
three years. Terms shall overlap, with two council members oommissioners
elected one year, and the additional two council members and the mayor-
commissionor elected the following year.
No person elected prior to 2005, who has, or but for resignation or
forfeiture of office would have, served as a council member commissioner for two
consecutive full terms shall serve as a council member commissioner other than
mayor commissioner during feF the succeeding two tRfee- year period tefm. No
person who has, but for resignation or forfeiture of office would have, served as
mayor commissioAef for two consecutive full terms, shall serve as mayor-
commissionor or council member for the succeeding two three year period teFm.
T orm limits shall be effective for each rospective soat on tho date of the next
election for that soat after 1 991.
All council members, includinQ the mayor. elected at the reQular City
election in 2005 or thereafter. shall be elected for terms of four years. Terms
shall overlap. with two council members and the mayor elected one year, and the
additional two council members elected two years later.
Commencino with the reoular City election in 2005. no person who has, or
but for resionation or forfeiture of office would have, served as a council member
for two consecutive full terms shall serve as a council member other than mayor
durino the succeeding two year period. No person who has. or but for
resionation or forfeiture of office would have, served as mayor for two
consecutive full terms, shall serve as mayor or council member durino the
succeedina two year period.
Newly elected council members shall take office at the next council
meeting following certification of city election returns.
(Ord. No. 63-74-99, 9 1,1-21-99/3-9-99)
Section 2.04. Compensation and expenses.
The council commission may determine the annual salary of council
members oommissioners and tho mayor commissioner by ordinance. No
ordinance increasing such salary shall become effective until the date of
commencement of the terms of council members oommissioners elected at the
next regular election. provided th3t such eloction follows occurrinq at least six
months followinq the adoption of such ordinance by at least six months. Council
members Commissionors shall be reimbursed their actual and necessary
expenses incurred in the performance of their duties of office.
Section 2.05. Mayor commissioner, functions and powers.
The mayor~ commissioner shall preside at all meetings of the council
commissieA, perform such other duties consistent with the office as may be
imposed by the council commission and this charter, and shall have a voice and
a vote in the proceedings of the council commission, but no veto power. The
mayor commissieRef may execute use tho title of mayor in tho oxecution of legal
instruments on behalf of the city or otherwise as required by law. This
authorization does not confer upon the mayor commissioner administrative
duties except as required to carry out the responsibilities stated in this charter.
The mayor commissioner shall be recognized as the official head of the city by
the courts for the service of process, by the governor for purposes of military law,
and for all ceremonial purposes.
At the first second council commission meeting each April, the council
commission shall elect one of its members as vice-mayor. The vice-mayor shall
act as mayor- commissioner during the temporary absence or inability of the
mayor commissioner to perform the duties of the office of the mayor.
Section 2.06. Prohibitions.
(a) Appointments and removals. Neither the council nor any of its
members shall in any manner dictate the appointment or removal of any city
administrative officer or employee whom the city manager, or any of the city
manager's subordinates, is empowered to appoint.
(b) Dealing through city manager. Except durinq an investiqation roF
tRe-purposo of inquiries and investigatiens, the council and its commission
members shall deal with city officers and employees who are subject to the
direction and supervision of the city manager solely through the city manager.
Neither the council commission nor its members shall give orders to any such
officer or employee, either publicly or privately. Recommendations for
improvement in city operations by individual council members commissioners
shall be made to and through the city manager.
Nothing in the foregoing paragraph prohibits individual members of the
council GGmmission from askinq Questions about questioning and observing city
operations so as to obtain independent information to assist them in the
formulation of policy.
(c) Holding other office. No present or former council member
commissionor shall hold any compensated appointive city office or employment
until one year after the expiration of the term for which such council member
commissioner was elected.
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory
boards.
(a) Vacancies. The office of a council member commissioner shall
become vacant upon the death, resignation, removal from office in any lawful
manner, or forfeiture of the office, such forfeiture shall te be declared by the
remaining members of the council commission.
(b) Fotieiture of office. A council member commissionor shall forfeit
such office if such member:
1. Lacks at any time during the term of such office any qualification for
the office prescribed bylaw, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend three ~ consecutive regular meetings of the council
commission, unless such absence is excused by the council
commission, or
4. Fails to attend twenty-five percent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in council member's commission seat.
1. A vacancy on the council commission shall should be filled by
majority vote of the remaining council members commissioners
within 45 3Q days after the vacancy. If the vacancy is not filled
within 45 days after it occurs. the appointment to fill it shall be made
by the Governor of Florida. The person so appointed shall serve as
a council member commissioner until the next regular or special
election. At such election, a council member commissioner shall be
elected to serve for the remainder of the unexpired term of office.
2. If the commission fails to fill such v~cancy within 60 days after it
occurs, ~ special election shall be callod to fill the unexpired term.
~d. Any person appointed to fill such a vacancy shall possess all the
qualifications required of a council commission member by law.
(d) Extraordinary vacancies. In the event that all council commissioA
members resign or are removed by death, disability, or forfeiture of office, the
governor shall appoint an interim council commission that shall call a special
election to be held within 90 days after the occurrence of the vacancies. Such
election shall be held in the same manner as the first election under this charter.
In the event vacancies cannot be filled as provided in section 2.07(c) because of
permanent vacancies which make it impossible to assemble a quorum, then in
such case the governor shall appoint that number of council60mmission
members necessary to constitute a quorum who shall hold office until the next
regular or special election.
(e) Boards. The council commission is empowered to appoint such
advisory boards as it deems appropriate and regulatory board(s) as may be
established by law..
(Ord. No. 6375-99, S 1, 1-21-99/3-9-99)
Section 2.08. Procedure.
(a) Meetings. The council commission shall meet regularty at least
once each month at such times and places as the council commission may
prescribe by rule. Special meetings may be held on call of the mayor-
oommissioner, the city manager, or any two council commission members and,
when practical, upon no less than 24 hours' notice to each member and the
public. All meetings shall be public. except as otherwise provided by law. The city
manager and any council commission member shall have the power to cause
any item to be placed on the next agenda.
(b) Rules and minutes. The council commission shall determine its own
rules and order of business. The city clerk shall keep minutes of the council
commission proceedings.
(c) Voting. Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes. A majority of the council commission shall
constitute a quorum: but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the council commission.
Except as provided in section 2.07(c), section 3.02 and in the preceding
sentence, no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all council commission members.
Section 2.09. Ordinances and resolutions in general.
(a) Definitions.
1. "Ordinance" means an official, legislative action of the council
commission, which action is a regulation of a general and
permanent nature and enforceable as a local law.
2. "Resolution" means an expression of the council commission
concerning matters of administration, an expression of a temporary
character, or a provision for the disposition of a particular item of
the business of the council commission.
(b) Form. Each ordinance or resolution shall be introduced in writing
and shall embrace but one subject and matters properly connected therewith.
The subject shall be clearly stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend shall set
out in full the revised or amended action, section, subsection, or paragraph of a
section or subsection.
(c) Procedure. A proposed ordinance shall be read by title, or in full, on
at least two separate days, at either regular or special meetings of the council
commission, and shall be noticed as required bv law. at least ten days prior to
adoption, be noticed once in a ne,*\'spaper of general circulation in the city. The
notice of proposed enactment shall state the date, time, and place of the
meeting, the title or titles of proposed ordinances and the place or places within
the city where such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance.
(d) Effective date. Except as otherwise provided in this charter, every
adopted ordinance shall become effective ten days after adoption or as otherwise
specified therein.
(e) Emergency ordinances. An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least four council commission members.
An emergency ordinance shall remain effective as an ordinance for a period of
90 days and shall automatically expire at the end of such 90-day period unless
during the time of such period the ordinance is submitted for adoption in the
manner provided for non- emergency ordinances. Such ordinances may not levy
taxes; grant, renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
meAey.;-enact or amend a land use plan; or rezone private real property.
Emergency ordinances shall become effective upon passing or at such
other date as shall be specified in the ordinance.
Section 2.10. Authentication, recording and disposition of charter
amendments, ordinances and resolutions.
(a) Authentication. The mayor commissioner and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the
council~ and In addition, when charter amendments have been approved at
referendum,,:. the mayor commissioner ~:md the city c10rk shall authonticate by
tReir signatures tho charter amendment.-
(b) Recording. The city clerk shall keep properly indexed records in
which shall be recorded, in full, all ordinances and resolutions passed by the
council commission. Ordinances shall periodically be codified. The city clerk shall
also maintain the city charter in current form and sh311 enter all charter
amendments. A copy of the charter and any amendments thereto shall be sent to
the secretary of state.
(c) Availability of Public Records. The council commission shall, by
ordinance, establish procedures for making all resolutions, ordinances, technical
codes adopted by reference, and this charter available to the people of the city
for public inspection and available for purchase at a reasonable price to cover the
cost of reproduction.
ARTICLE III.
ADMINISTRATION
Section 3.01. City manager.
The city manager shall serve as the chief administrative officer and chief
executive officer of the city. The city manager shall be appointed on the basis of
administrative qualifications, experience, and training. The city manager need not
be a resident of the city or state at the time of appointment, but shall establish
and maintain residency within the city within one year after the appointment. The
city manager shall be responsible to the council for all city administrative affairs.
Section 3.02. Appointment; removal; compensation.
(a) Appointment. The council commission shall appoint a city manager
by an affirmative vote of four council commission members. The city manager
shall hold office at the pleasure of the council commission.
(b) Removal. The council commission may remove the city manager by
an affirmative vote of four council commission members or a majority of the
council oommission members at two separate meetings held at least two weeks
apart. Yf)GFHetll:lest by the city manager, 3 public hearing wlll be helG-pA9He-a
vete--to remove the city maRager.
(c) Compensation. The compensation of the city manager shall be
fixed by a majority of all the council oommission members.
(d) Acting city manager. By letter filed with the council commissioA, the city
manager shall designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. This designation shall be limited to a period of
60 days. At the expiration of this period, the council commission shall appoint an
interim or new city manager in accordance with the provisions of this charter.
Section 3.03. Powers and duties of the city manager.
The city manager shall:
(a) Appoint promote. aoo suspend, demote, or remove any city
employees or appointive administrative officers under the city manager's
jurisdiction, except as may be otherwise provided by law. Such appointment,
promotion. suspension, demotion, or removal shall be in compliance with the civil
service law and other applicable rules and regulations.
(b) Establish or discontinue any city department, division or board in
the administrative affairs of the city, subject to council commission approval.
(c) Attend council commission meetings and have the right to take part
in discussion. but not to vote.
(d) See to the faithful execution executive of all laws, provisions of this
charter, and acts of the council oommission subject to enforcement by the city
manager or officers subject to the city manager's supervision.
(e) Prepare and submit to the council commission in the form provided
by ordinance, the annual budget, a capital improvement budget, and a projected
capital improvement program for a minimum five.year period.
(f) Submit to the council oommission at the first regular meeting in
September of each year and make available to the public a comprehensive
report on the financial condition and administrative activities of the city.
(g) Make such other reports as the council commission may require
concerning the operations of city departments, offices and agencies subject to
the city manager's supervision.
(h) Keep the council commission fully advised as to the financial
condition and future needs of the city and make recommendations to the council
commission concerning the affairs of the city.
(i) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
(j) Develop and keep current an administrative code which sets forth
the organizational and operational procedures of the city government.
(k) Provide administrative assistance to the council oommission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the council commission.
(I) Act as purchasing agent for the city.
(Ord. No. 6375-99,92, 1-21-99/3-9-99)
Section 3.04 City clerk.
The city manager shall appoint a city clerk, which appointment must be
confirmed by the council commission prior to becoming effective. The city clerk or
the official representative desiQnee of the city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which
the city is a party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council commission and keep minutes of
its proceedings;
(e) Give notice of council commission meetings to its members and the
public:
(f) Perform such other duties as directed or required by law.
Section 3.05. Personnel system.
Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
merit and fitness demonstrated by examination or other evidence of competence
as provided by law.
ARTICLE IV.
CITY ATTORNEY; LEGAL DEPARTMENT*
*Code reference--Officers and employees generally, 9 2.261 et seq.
Section 4.01. City attorney, legal department.
There shall be a legal department, headed by the city attorney, operating
under the authority of and responsible to the council commission. The legal
department shall consist of the city attorney, assistant city attorneys, wReR
appointed 3nd authorizod by the commission, and such other staff as the council
commission may authorize 9ifeGt.
Section 4.02. City attorney, appointment, removal, compensation,
qualifications and duties.
(a) Appointment. The city attorney shall be appointed by the affirmative
vote of four council commission members and may be removed by a majority of
the members of the council commission membors voting for removal. Upon
request by the city attorney 3 public hearing will be held prior to a vote to remove
the city attorney. The city attorney shall be a member in good standing of The
Florida Bar.
(b) Duties. The city attorney shall be the legal advisor to the council
commission, the city manager and all city departments, offices and agencies.
When required by the city council commission, the city attorney shall prosecute
or defend, on behalf of the city, all complaints, suits and controversies in which
the city is a party; and shall prepare or review and approve as to form and legal
sufficiency all contracts, bonds, and other instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law or
the city council commission.
(c) Absence. By letter, filed with the council commission, the city
attorney shall designate one or more assistant city attorneys to perform the
duties of city attorney during a temporary absence or disability. This designation
shall be limited to a period of 60 days. At the expiration of this time, the council
oommission shall appoint an interim or new city attorney in accordance with the
provisions of this charter.
(Ord. No. 6375-99, 9 3. 1-21-99/3-9-99)
Section 4.03 Assistant city attorneys, special counsel.
(a) Assistants. The city attorney shall appoint as many assistant city
attorneys as authorized by the city council commission.
(b) Special Counsel. The council commission may employ special
counsel, outside of the legal department, who shall conduct such investigations
and perform such services as the council commission may direct and who shall
report directly to the council commission.
Section 4.04 Compensation.
The council commission shall determine the compensation to be paid to
the city attorney and special counsel. Compensation for the assistant city
attorneys shall be established by the city attorney and approved by the council
commission.
ARTICLE V.
RESERVED
ARTICLE VI.
INITIATIVE, REFERENDUM; RECALL
Section 6.01. Initiative.
The voters of the city shall have power to propose ordinances to the
council commission, and, if the council commission fails to adopt an ordinance so
proposed without any change in substance, to adopt or reject it at a city election,
provided that such powers shall not extend to the budget or capital program or
any ordinance relating to appropriation of money, levy of taxes, or salaries of city
officers or employees.
Section 6.02. Referendum.
The voters of the city shall have power to require a reconsideration by the
council commission of any adopted ordinance and, if the council commission fails
. to repeal an ordinance so reconsidered, to approve or reject it at a city election,
provided that such power shall not extend to the budget or capital program, any
emergency ordinance, or ordinance relating to appropriation of money, levy of
taxes, or appointment or salaries of city officers or employees.
Section 6.03. Recall.
The voters of the city shall have the power to recall or remove from office
any elected official or officials of the city, for the reasons and in the manner set
forth in the General Laws of the State of Florida, and more p3rticul:]rly section
100.361, Florid:] St:]tutos, including any amondments theroto.
Section 6.04. Commencement of proceedings.
Any five voters may commence initiative or referendum proceedings by
filing with the city clerk or other official designated by the council commission an
affidavit stating they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating their names and
addresses, specifying the address to which all notices to the committee are to be
sent, and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk or
other official designated by the council commission shall at the committee's
request issue the appropriate petition blanks to the petitioners' committee at the
committee's expense.
Section 6.05. Petitions.
(a) Number of signatures. Initiative or referendum petitions must be
signed by voters of the city equal in number to at least ten percent of the total
number of voters registered to vote in the last regular city election.
(b) Form and content. All papers of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature shall be
executed in ink or indelible pencil and shall be followed by the address of the
person signing. Petitions shall contain or have attached thereto throughout their
circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of the circulator. Each paper of a petition shall have attached
to it, when filed, an affidavit executed by the circulator thereof stating: That the
circulator personally circulated the paper; the number of signatures thereon; that
all the signatures were affixed in circulator's presence; that the circulator believes
them to be the genuine signatures of the persons whose names they purport to
be; and that each signer had an opportunity before signing to read the full text of
the ordinance proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Completed referendum petitions
must be filed within 90 days after the effective date of the ordinance sought to be
reconsidered.
Section 6.06. Procedure to filing.
(a) Certificate of city clerk; amendment. Within 20 days after the initiative
or referendum petition is filed, the city clerk or other official designated by the
council 6emmission shall complete a certificate as to its sufficiency, specifying, if
it is insufficient, the particulars wherein it is insufficient and shall promptly send a
copy of the certificate to the petitioner's committee by registered mail. Grounds
for insufficiency are only those specified in section 6.05 hereof. A petition
certified insufficient for lack of the required number of valid signatures may be
amended once if the petitioners' committee files a notice of intention to amend
with the city clerk or other official designated by the council commission within
two working days after receiving the copy of the city clerk's certificate and files a
supplementary petition within ten days after receiving the copy of such certificate.
The supplementary petition shall comply with the requirements of subsections (b)
and (c) of soction 6.05(b) and (c) hereof and within five days after it is filed the
city clerk or other official designated by the council commission shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a
copy of such certificate to the petitioner's committee by registered mail as in the
case of an original petition. If a petition or amended petition is certified
insufficient, or if a petition or amended petition is certified insufficient and the
petitioner's committee does not elect to amend or request council commission
review under subsection (b) of this section within the time required, the city clerk
or other official designated by the council commission shall promptly present the
certificate to the council commission and the certificate shall then be a final
determination as to the sufficiency of the petition.
(b) Council Commission review. If a petition has been certified insufficient
and the petitioner's committee does not file a notice of intention to amend it or if
an amended petition has been certified insufficient, the committee may, within
two working days after receiving the copy of such certificate, file a request that it
be reviewed by the council Gemmission. The council oommission shall within 30
days review and approve or disapprove it, and the council's commission's
determination shall then be a final determination as to the sufficiency of the
petition.
Section 6.07. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official
designated by the council-oommission, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
(a) There is a final determination of insufficiency of the petition, or
(b) The petitioners' committee withdraws the petition, or
(c) The council Gemmissi9R repeals the ordinance, or
(d) Tabulation of the ballots cast by the voters of the city on the
ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. Action on petitions.
(a) Action by council commission. When an initiative or referendum
petition has been determined sufficient, the council commission shall promptly
consider the proposed initiative ordinance in the manner provided in Article
article II or reconsider the referred ordinance by voting its repeal. If the council
commission fails to adopt a proposed initiative ordinance without any change in
substance within 60 days or fails to repeal the referred ordinance within 30 days
after the date the petition was finally determined sufficient, it shall submit the
proposed or referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred
ordinance shall be held not less than 90 days and not later than 150 days from
the date that the petition was determined sufficient. If no regular city election is to
be held within the period prescribed in this subsection, the council commission
shall provide for a special election; otherwise, the vote shall be held at the same
time as such regular election, except that the council Geffimission may in its
discretion provide for a special election at an earlier date within the prescribed
period. Copies of the proposed or referred ordinance shall be made available at
the polls.
(c) Withdrawal of petitions. An initiative or referendum petition may be
withdrawn at any time prior to the 15th day preceding the day scheduled for a
vote of the city by filing with the city clerk or other official designated by the
council commissioR a request for withdrawal signed by at least four members of
the petitioners' committee. Upon the filing of such request, the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
Section 6.09. Results of election. .
(a) Initiative. If a majority of the voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as an
ordinance of the same kind adopted by the council commission except that it may
not be repealed until after the next regular city election. If conflicting ordinances
are approved at the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the voters voting on a referred
ordinance vote against the referred ordinance, it shall be considered repealed
upon certification of the election results and may not be reenacted in substance
until after the next regular city election.
(Ord. No. 6375-99. ~ 4, 1-21-99/3-9-99)
ARTICLE VII.
GENERAL PROVISIONS
Section 7.01. Charter amendment.
(a) Initiation by ordinance. In addition to charter amendments
otherwise authorized by law, the council €ommissioA may, by ordinance, propose
amendments to any part or all of this charter, except Article articlo I, section 1.
02, prescribing boundaries, and upon passage of the initiating ordinance shall
place the proposed amendment to a vote at the next general election held within
the city or at a special election called for such purpose.
(b) Initiation by petition.
1. The voters of the city may propose amendments to this charter,
except Article articlo I. section 1.02, prescribing boundaries, in the manner set
forth in Article article VI, section 6.05(a)--(c).
2. Upon certification of the sufficiency of the petition by the city
clerk, the council commission shall place the proposed amendment to a vote of
the voters at the next general or special election held not less than 90 days nor
more than 150 days after certification.
Section 7.02. Charter review advisory committee.
The council commission shall appoint a charter review advisory committee
ffi-January, 1991, aM at least every six five years thereafter and provided the
appointments shall be afe made in January of a year preceding a city election.
The Council shall appoint twelve members to the charter review committee.
Each Council member shall make one appointment. and the other seven
members shall be appointed by a maiority vote of the council. In addition. the
Mayor and Vice-mayor shall serve as non-votinq ex-officio members. The
charter review advisory committee shall continuously be composed of not less
than ten members. If the number of members of the committee falls below ten,
the Council shall appoint additional members. The charter review committee
shall submit a report to the city council on or before December 1 of the year in
which the charter review was held. Included in the report shall be any proposed
amendments to the charter tOQether with the wording of the Question or Questions
that shall be voted upon at referendum. The city council shall call a referendum
election to be held in connection with the next city election for the purpose of
votino on the Question or Questions submitted bv the charter review committee.
Neither the amendments nor Questions may be chanqed by the city council. <<
shall review the existing charter and m3ke recommendations to the commission
for revisions thereto;
ARTICLE VIII.
NOMINATIONS AND ELECTIONS
Section 8.01. Qualified voters.
Any person who is a resident of the city who has qualified as a voter of
Florida, and Pinellas County, and who registers in the procedural manner
prescribed by law, shall be a qualified voter of the city.
Section 8.02. Nonpartisan elections.
All nominations and elections for council commission shall be conducted
on a nonpartisan basis without regard for or designation of political party
affiliation of any nominee on any nomination petition.!. eF ballot.!. or political
advertisement under the control of the candidate.
(Ord. No. 6375-99,9 5. 1-21-99/3-9-99)
Section 8.03. Form of ballots.
The council commission shall by ordinance prescribe the form of the ballot
and the method of conducting all elections of the city.
(a) Council commission ballots. Candidates for seats on the council
commission shall be grouped according to the seat number for which they are
candidates. Within each group, names shall be placed on the ballot
alphabetically. No candidate may seek election to more than one seat in any
election.
(b) Charter amendment. A charter amendment to be voted on by the
voters of the city shall be presented for voting by ballot title. The ballot title of a
measure may differ from its legal title and shall be a clear, concise statement
describing the substance of the measure without argument or prejudice. Below
the ballot title shall appear the following question: "Shall the above described
(ordinance) (amendment) be adopted?" Immediately below such question shall
appear, in the following order, the word "yes" and also the word "no" with a
location thereafter to indicate the voters choice.
Section 8.04. Nominations.
The names of candidates for council commission shall be placed upon the
ballot by the filing of a written notice of candidacy with the city clerk at such time
and in such manner as may be prescribed by ordinance. The ordinance shall
FeqUire tho p:3yment of :3 qualifying feo in the :3mount of $50.00. Tho candidate
shall sl:ffimit petition cards from not less than 250 city voters.
The qualHj4Rg foo and petition cards are to be received by tho city clerk
not more th::m 60 days nor less than 16 days prior to the d3te of tho election. The
notice must dosignate the number of the soat for \\'hich the candidate is seoking
eloction. All applic:3tions sh:311 bo accompanied by an affidavit th:3t the c3ndid:3te
is a voter of the city and has beon :3 resident of said city continuously for at least
ono year immediatoly prior to tho filing of the notice of candidacy. Where only
one candidate qualifies for nomination to a seat on the council commission, then
no general election shall be held with respect to the seat and the candidate shall
be declared elected to the seat.
Section 8.05. Elections.
(a) Council commission positions. All members of the city council
commission shall be elected at large. The candidate receiving the largest number
of votes among the candidates for that seat shall be elected.
(b) Regular elections. Regular city elections shall be held on the
second Tuesday in March of each year in which a council commissieR term
expires.
(c) Special elections. Special municipal elections may be called by the
council commissieA at any time for such purposes as are authorized by law.
(d) Canvassing board. The council commission shall meet as a
canvassing board within 24 hours after the closing of the polls in any municipal
election and shall canvass the election returns except when such election is held
in conjunction with an election conducted by Pinellas County, in which case
certification of the returns by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. Candidate vacancy.
If the death, withdrawal or removal from the ballot of a candidate occurs
after the end of the qualifying period and leaves fewer than two candidates for an
office, then the qualifying period shall be extended to the latest date on which a
name can be added to the ballot. If a name cannot be added to the ballot, the
remaining candidate shall be declared elected.
ARTICLE IX.
FISCAL MANAGEMENT PROCEDURES
The city's fiscal management procedure~ shall include provisions relating
to the operating budget, capital budget, and capital program and provide,
providing for hearings on the budget, capital budget, and capital program and the
amendment of the budget following adoption. The ordinance shall contain a
provision requiring that revenue bonds for projects in excess of one million
dollars be put to referendum with the exception of revenue bonds for public
health, safety or industrial development and revenue bonds for refunding.
ARTICLE X.
TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature,
as amended by special law or otherwise, which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city.
Section 10.02. Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent herewith with it, shall remain in force until repealed or changed as
provided herein.
Section 10.03. Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect
or impair the rights or privileges of persons who are city officers or employees at
the time of adoption. City council commission members shall continue to hold
their offices until their successors are elected.
Section 10.04. Pending matters.
All rights, claims actions, orders, contracts and legal or administrative
proceedings involving the city shall continue except as modified pursuant to the
provisions of the charter.
Section 10.05. Schedule.
(a) Effective date. Article VIII of this charter shall take effect
immediately upon passage of this charter. Term limits as spocified in Soction
2.03 shall become effective for eloction& 3fter 1994.
(b) Time of t::lking full effect. This charter shall be in full effect for all
purposes on and after approval by a majority of the electors voting in a valid
election to be called for such purpose, and upon being filed with the Secretary of
State.
"
Appendix A
That portion of city-owned land bounded on the north by the riQht-of-way of Drew
Street. on the east by the riQht-of-way of Osceola Avenue. on the south of the
riQht-of-way of Pierce Street. and on the west by the waters of Clearwater
Harbor. lyinQ below the 28 mean sea level elevation. together with the following
described tract: BeginninQ at the northeast corner of section 16. township 29
south. range 15 east. Pinellas County. Florida. and run thence west alonQ the
north line of said section. 1320.0 feet: thence south alonQ the west line of the
east one-half of the northeast one-quarter of said section 16. 1526.16 feet to an
intersection with an easterly projection of the centerline of Pierce Street: thence
south 89045'00" W alonQ the centerline of Pierce Street, 418 feet to an iron stake
set in a proiection of the west line of Osceola Avenue as extended across Pierce
Street; thence south 20 feet alonQ this proiection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue: thence south 88018'42" W
alonQ the south line of Pierce Street. 375 feet to the point of beQinninQ: thence
continue south 88018'42" W. 270. 89 feet alonQ said south line of Pierce Street to
the east riQht-of-way line of Pierce Boulevard: thence south 19024'39" east alonQ
aforesaid east riQht-of-way along a curve to the riqht. chord 157.24 feet. arc
157.41 feet. radius 980 feet: thence north 88018'46" east. 120.42 feet: thence
north 0014'32" west. 50 feet: thence north 88018'42".100 feet; thence north
0014'32" west, 99.80 feet to the point of beqinning less and except that portion of
the above described tract designated for the Bandshell Site.
Appendix B
Beqinnino at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected
Map of Causeway Business District. accordino to the plat thereof as recorded in
Plat Book 57. Paoes 1 and 2. Public Records of Pinellas County. Florida. for a
POINT OF BEGINNING. said point beino said Westerly riqht-of-wav line of
Osceola Avenue: run thence S 01026'17" E. along said Westerly rioht-of-wav line
of Osceola Avenue. 224.38 feet. to the Northerly riqht-of-way line of Cleveland
Street: thence N 89058'26" W. alono said Northerly rioht-of-way line of Cleveland
Street, 403.55 feet: thence N 00000'15" W. alono a line West of the existinQ
Harborview Center Buildino. 217.30 feet: thence alono a line Northerlv of said
Harborview Center Buildinq the followino two courses. S 89058'26" E. 187.20
feet: thence N 88007'145" E. 310.85 feet to the POINT OF BEGINNING.
Second Reading
\ \
ORDINANCE NO. 71S3-()3
AN ORDINANCE OF THE CITY 01,' CLEAlnVATER, FLORIDA,
RELATING TO THE BlJlLUIN(; ANU UEVELOPMENT
REGULATIONS; AMENDING APPENnlX A SCIIEDlILE OF FEES,
RATES AND CHARGES RELATIN(; TO SECTION 47.0H-t(.t);
I)ROVIOING AN EFFECTIVE DATE.
HE IT ORDAINEll BY THE CITY COl\Il\IISSION OF TilE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A. Schedule of fees. Rates and Charges. Codc llrOrJil1i1I1l:CS. an: amel1ded \0 read:
APPENDIX A-SCHEDULE OF FEES. RATES ANI) CIIARGES
(1) Permit fees and charges. in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapenng. paneling over eXisting walls.
and tile nor where the valuation of labor, materials. and all otl1er Items not exceeding $50000 and tile
work or operation is of casual. minor, inconsequential nature, and does not violate any city codes or
ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25.
(b) Valuation for all construction shall be based on the contract value. The current Southern Building
Code Congress International's valuation tables may be used if no contract is submitted with the permit
application.
(c) Where no permit fee is stated, the same shall not be interpreted as an intention to waive any
requirement for a permit or fees for a permit that may be stated elsewl1ere in the city's Code of
Ordinances.
(d) Prior to starting any electrical. gas, plumbing, mechanical, roOflllg, or otl1or work under a combination
permit. the contractor or the subcontractor engaged to do tho work sl1all file with Development
Services a form showing the name and certification numbor of tl10 subcontractor. the subcontractor's
occupational license number. the combination permit numbor. tho Jol> nddress and other related
information as may be required by Development Services. Folluro 10 file SlIch form or provide such
information shall be cause for the refusal of inspection servlco8, lIncl tllo Issuance of a correction
notice with the appropriate fee.
(2) Fee schedule. In the case of reviews. inspections and similar actlvitlos uSNOclntod With bUilding and related
codes requiring a permit, the following schedule of fees shall apply.
(a) Plans examination fee:
1. Multifamily and commercial, based on construction valuation of.
a. $100,000.00 or less............................................... .......... .. ...... 44.00 4(kOO
Plus, per $1,000.00 or value or fraction thereof........ ..... .... .. ................. 3.90 3M>
b. Greater than 100,000.00 but not exceeding 500.000.00..... ............................... 380.00 340,00
Plus, per $1,000.00 of value or fraction thereof ............................................................ 2.80 2-:W
c. Greater than 500,000.00 but not exceeding 1.000.000.00...................................... 1275.00 -1~4{hOQ
Plus, per $1,000.00 of value or fraction thereof .................... .... ....................... .... ......... 2.25 :h00
d. Greater than 1,000,000.00.......... .......... ...... ...............................;................. ........... 2050.00-1-890,00
Plus, per $1000.00 of value or fraction thereof ............................................................. 165 +..ao
2. One or two-family residential projects: ........ ...... ..... ..... .................................................................... 16.00
Plus, per $1.000.00 of value or fraction thereof........... ...... ................... ...... .... .... . ....... 1 00
(b) Plan amendments; Residential, multifamily and commercial projects:
1. Change to permitted plans, per hour.............................................. ... . .... .. 5300
2. Duplicate permit placards, each .............................................. 1600
(c)
(d)
(e)
(I)
(~I )
(11)
3. Change of contractor. per contractor..... .
4. Review replacement plans, per hour.....
5. Field reviewed plan amendment................ ............... ..................
Certificates of occupancy:
1. One- or two-family dwelling. per unit ............... ....... ... .... ... ....
2. Multifamily and commercial. per application. ............ .................
3. Conditional certificate of occupancy, per condition....... .............. ..
4. Replacement or additional copy
a. One or two-family dwelling, per unit....... . ...... ..
b. Multifamily and commercial..................................... ............
Special Inspections:
1. Change of use or certificate of occupancy inspection per trade ...... ... ......... ........... .........
Maximum fee..... .......... ............ ..................... ............................. ........ ...... ..... .......... ..................
2. After hours or weekends, per hour, per inspection.......................................... .......... .... . .
Minimum fee, per inspection............................. ............................ . ............. ..................... .
Refunds:
1. Permits under $40.00, unless issued in error by city................................................................ No refund
2. Work has commenced, or permit is over 90 days old .............................................................. No refund
3. All other permits ................... .... ................ .......... .............. ........... ............. Refund of fee paid, less 540.00
Permit fees:
1. Per structure. based on construction valuation of:
a. $100,000.00 or less...... ..... ..... ..... ..... .......... ......................... .............. .............. .......... 33.00 30,00
Plus, per $1,000.00 or value or fraction thereof.......................... .............. 725 6-50
b. Greater than 100,000.00 but not exceeding 500.000.00.......................... .............700.00 630,00
Plus, per $1,000.00 of value or fraction thereof .......................... ................................ 6.15 5:50
c. Greater than 500.000.00 but not exceeding 1.000,000.00.....................................2940.002630,00
Plus. per $1,000.00 of value or fraction thereof......................... .......... 390 3-50
d. Greater than 1,000.000.00..... ..... ..... .......... ......................... ......... ......... ........... ......4600.00 4-l30,OO
Plus, per $1,000.00 of value or fraction thereof ......................... . .......... ....... .... . 1 651-50
2 Tllis fee applies to all types of permits, with additional costs of $30.00 per trade
or permit type for combination permits. Exception: No additional fees for swimming pools.
Miscellaneous permits:
1. Mobile home. mobile office. construction trailer. sales trailer, etc.
a. Building permit (tie-down and site placement) ........................... . ............................. .. 37.00
b. Electric permit .............. ..... ..... ..... ..... ..... .................... .......... .......... .......... ............... ............... .... 37.00
c. Gas permit............. ................. ..... .......... ...... ............... ...................... ....... ............... ................. 37.00
d. Plu m bing permit........................................................................................................................ 37.00
e. Mechanical permit ........ ..... ............... .......... ......................... .................... .................................. 37.00
2. Temporary power pole, not in conjunction with combination permit.................................... .... .3700
3. Tent permit (may require electric) up to 20 ft x 40 ft..........,.............................................. 45.00 40:00
Tent permit (may require electric) greater than 20 ft x 40 ft ............................................... 55.00 S<MlO
4. Demolition permit...... .......... .......... ..... ...... .............................. .............. .......................................... 53.00
Plus. per square foot in excess of 1,000 square feet ...................................,....................... 0.10
5. House move:
a. Application. ....... ....... ..... .....: .... ......... ...... ...... ...... .................. ..................................................
b. Pre-inspection.. ....... ..... .......... ......... .................. ........................
Plus, per mile outside city ........................................................... ................................ .
c. Remodeling permit, for setting house on lot. see sub paragraph (2) (f) permit fees
6. Swimming pool permit. aboveground pool (for all work involved) ... ........ .....
7. Zoning verification letter, per letter .........................................................................................
8. Project research, per hour (not to exceed eight hours without
Commission approval. ................. ..... ..... ...... ..... ............................. . ..
Building Official may assess special fees per written policy for:
1. Work not ready for inspection (reinspection fee):
a. First occurrence ..... ...... ......... ....... ........... .........................
b. Second or subsequent occurrence..................................................... .
2. Follow up on permit:
.a. Failure to request inspections .................................... ..........
b. Minimum fee ...................................... ................
3. After-the-fact permit:
2600
') 3 00
2600
11 00
26.00
3200
1100
26.00
37.00
.74.00
5300
..100.00
..53.00
5300
.0.30
3700
..25.00
2600
3200
eo 00
50% of permit fee
31 00
2
a. First occurrence .......................................... ................................ ... Triple permIt fee
b. Second or subsequent occurrence by the same contractor, any job
site in city.......................................................................................................... 10 times permit fee
4. Filing service fee, for notice of commencement
(this is in addition to county clerk's charges) .................................................................... .... ...... 10.00
(i) Permit extensions:
1. Permit expired:
A. Less than 30 days ................................................................... No fee
B. More than 30 days, but less than 90 days....................................................... ............. 3000
C. More than 90 days (fee based in value of work to be completed)............. . New permit fee
2. Exception, if only finals are needed......................................................... ... 3000
(3) As used in this fee schedule, "combination permit" means a permit for construction pnvileges, conditions and
restrictions for two or more trades or permit types, for which proper approval has been granted by the city and
for which proper fees have been paid.
Filing fees for appeals:
(1) Appeal to the construction/flood board of adjustment and appeals.... .... .......... ............................... ....................... 130.00
(2) Appeal to the city manager .............................................................................................................. 5500
(3) Appeal to the city commission ....................................... ....................................... . .... 5500
Section 2. This ordinance shall be effective immediately upon adoption.
PASSED ON FtRST READING
October 2, 2003
,2003.
PASSED ON SECOND AND
FINAL READING AND ADOPTED
,2003.
Brinn J. Aungst. ivlayor -Commissioner
Approved as to form:
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Leslie K. Dougall-S}des
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Second Reading
ORDINANCE NO. 7211-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OFFICIAL TRAVEL; AMENDING SECTIONS
2.322, 2.325, 3.328, 2.329 AND 2.332 AMENDING THE RATES
OF SUBSISTENCE ALLOWANCE; AND PROVIDING FOR
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH;
PROVIDING FOR EXEMPTION FROM FLORIDA STATUTES
SECTION 112.061; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cost to travel on official business has increased; and
WHEREAS, the City of Clearwater, Florida wishes to reimburse
authorized travelers for the cost of official business travel in a manner consistent
with current pricing; and
WHEREAS, the Florida Legislature in Laws of Florida Chapter 2003-125
has authorized local governments to exempt themselves from the provisions of
Florida Statutes Section 112.061 (2003) and to adopt their own policies
regarding the per diem and travel expenses of their travelers; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Sections 2.322, 2.325, 3.328, 2.329 and 2.332 of the Code of
Ordinances, City of Clearwater, Florida, are hereby amended to read as follows:
Sec. 2.322. Authority to incur travel expense.
(1) All travel must be authorized and approved by the city manager aAd the head
af the agency from whose funds the tr3\'el expense is paid or desiqnee.
(2) Travel expense shall be limited to those expenses necessarily incurred in the
performance of a public purpose authorized by law to be performed by the
agency and must be within the limitations prescribed by this section.
(3) Travel expense of public employees for the sole purpose of taking merit
system or other job placement examinations, written or oral, shall not be allowed
under any circumstances, except that upon prior written approval of the agency
Rea9 city manaqer or designee, candidates for executive or professional
positions may be allowed such travel expense pursuant to this section.
Sec. 2.325. Rates of subsistence allowance.
(a) Subsistence. All travelers may be allowed subsistence when performing
authorized travel requiring absence from the official headquarters overnight, in
Ordinance No. 7211-03
l~
amounts equal to tHe-affiel:lflt-5--f)eFrnitt~1-aJ}~-{€i), at the-peHHeffi--
Fate or, if-aGtHaI expeRSeS exceed-tHe-fleHHem-Fate; the amounts permitted for
meals and incidental expenses (M&IE), plus actual expenses for lodging at a
single occupancy rate,tG-be substaRtfated by f*iiG-ffills-tReFefef. Meals and
incidental expenses shall be reimbursed at the General Services Administration
(GSA) rates for M&IE, which are inclusive of meals, taxes. and tips for meals,
baqqaqe carriers, hotel maids.
(b) Meals only. All travelers may be allowed subsistence while on authorized
travel outside the official headquarters but not requiring absence from the effiGiffi..
headquarters overnight, in amounts permitted for meals, as specified in the GSA
breakdown of the M&IE eqBal-to the ~ffioonts peFmitted by F.S. ~ 112.061(6).
(c) Partial day meal and incidental reimbursement. When authorized travel
includes one or more partial days, the traveler shall be reimbursed for the partial
days in the portion of the M&IE dailv amount as determined throuqh the GSA
breakdown schedule. The breakdown includes the followinq cateqories:
Breakfast: When travel beqins before 6:00 a.m. and extends beyond 8:00
a.m.
Lunch: When travel beqins before 12:00 noon and extends beyond 2:00
Q.JJ1.
Dinner: When travel beqins before 6:00 p.m. and extends beyond 8:00
Q.JJ1.
Incidental: When travel is overniqht.
(GtJQ.LReimbursement. No traveler shall be reimbursed for any meal or lodging
included in a convention or conference fee or otherwise paid by the city.
Sec. 2.328. Use of privately owned vehicles.
* * * * *
(3) Monthly private auto allowance may be given to employees under certain
circumstances. Such allewances may-Ge-&HGmitted-fer-approval by the
eepartment director in the normal budget-process. Employees receiviA9-PAvate-
auto allGwance shall keep records-justifyiA9-Ule-fe6eipt-ef-these-fm:ld&-+hese-
recores-wHl be released to the-GepaFtmeAt-er-6ity-maflager-YpeA-f~He~
Sec. 2.329. Reimbursable incidental traveling expenses.
The following additional incidental traveling expenses of the traveler may be
reimbursed:
(1) Taxi fare;
(2) Ferry fares and tolls for bridges, roads and tunnels;
2
Ordinance No. 7211-03
(3) Storage or parking fees;
(4) Communication expense. includinq up to $2.50 per day for personal phone
calls when on official travel overniqht;
(5) Gratuities. with the exception of qratuities for meals. baqqage carriers. and
hotel maids. which are included in the M&IE reimbursement.
Sec. 2.332. Fraudulent claims.
Any claim authorized will contain a statement that the expenses were actually
incurred by the traveler as necessary traveling expenses in the performance of
his official duties and shall be verified by a written declaration that the statement
is true and correct as to every material matter. Any person who willfully makes
and subscribes any such claim which he does not believe to be true and correct
as to every material matter. or who willfully aids or assists in, procures, counsels
or advises the preparation or presentation under the provisions of this section of
a claim which is fraudulent or is false as to any material matter, whether or not
such falsity or fraud is with the knowledge or consent of the person authorized or
required to present such claims, commits a misdemeanor of the second deqree.
punishable as provided in Florida Statues 775.082 or 775.083 and shall be
punished accordingly. Any person receiving an allowance or reimbursement by
means of a false claim shall also be civilly liable in the amount of the
overpayment made thereby.
Section 2. To the extent that the provisions of this Ordinance differ from the
provisions set forth in Florida Statutes Section 112.061, they shall be considered
an exemption from said statutory provisions pursuant to Laws of Florida Chapter
2003-125.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
October 2. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor -Comm issioner
Approved as to form:
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Leslie K. Dougall-Sid~~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
J
Ordinance No. 7211-03
MOTION TO AMEND ORDINANCE NO. 7194-03 ON SECOND READING
On page two amend the ordinance as follows:
3. In co-sponsoring programs where leadership is provided by
noncity employees:
a. Participants of youth seasonal recreational programs 30.00
b. Participants of adult seasonal recreational programs 40.00
c. P3rticip::mts of youth or 3dult clubs whoso soason
is seven months or greator per yoar 70.00
Pamela K. Akin
City Attorney
October I 2003
.
13
ORDINANCE NO. 7194-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
RELATING TO THE SCHEDULE OF FEES, RATES AND CHARGES,
AMENDING APPENDIX A, ARTICLE Xl, PARKS, BEACHES,
RECREATION, TO INCREASE CERTAIN FEES FOR USE OF
FACILITIES BY NONRESIDENTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the City of Clearwater provides recreational facilities and programs for the
residents and taxpayers of the City; and
WHEREAS, the City Commission has determined that users of City recreational facilities
and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities
and programs, as set forth herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
read:
Section 1. Appendix A. Schedule of Fees, Rates and Charges. is hereby amended to
ARTICLE XI, PARKS, BEACHES, RECREATION:
.,.. * * * *
Use of facilities by nonresidents (Ch. 22):
(1) Effective January 1. 2004 October 1, 2000, nonresidents who wish rent or use city
recreation facilities or programs may do so by paying one or more of the foilowing fees:
(a) Card options:
1. Annual individual fee, valid one year from
date of purchase, (plus applicable sales tax)
80.00 ~
2. Annual family fee, valid one year from
date of purchase, (plus applicable sales tax)
200.00 175.00
Note: An individual card may be used only by the
person to whom it is issued. The family fee provides a
card for each family member residing at the household.
(b) Options in lieu of nonresident card purchase:
1. Pay non-card holder rates for tennis, swimming, classes,
and/or admissions. (These fees will vary depending upon
activity, however in no case will they be less than or equal
to card holder rates.)
2. Single season fee for adult athletic leagues. per person (plus
applicable sales tax) 42.00 ~
Ordinance No. 7194-03
3. In co-sponsoring programs where leadership is provided by
noncity employees:
a. Participants of youth seasonal recreational programs 30.00
b. Participants of adult seasonal recreational programs 40.00
c. P~rticip~nts of youth or adult clubs whose se~son
is seven months or gro~tor per year 70.00
4. Participants at lawn bowls, shuffleboard and horseshoe
clubs, per person: 30.00
(2) The criteria which establish the class of city residents for the purpose of the fees above
are:
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties within the incorporated
boundaries of the city as evidenced by a motel key or another resident member: or
(d) Persons who are employees of the city, their spouses and children who live at
home.
(3) In programs where rentals are charged. or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other than
Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7194-03
Second Reading
iLf
ORDINANCE NO. 7192-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO A WATERING SCHEDULE; AMENDING
SECTION 32.153, CODe OF ORDINANCES; PROVIDING
DEFINITIONS; ADOPTING THE WATERING SCHEDULE
CURRENTLY DEFINED BY THE SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT AND CERTAIN RELATED
PROVISIONS; AMENDING SECTION 32.158, CODE OF
ORDINANCES, RELATING TO WATERING RESTRICTION
RESCISSION TO PROVIDE FOR CONFORMANCE TO
CERTAIN EMERGENCY ORDERS; AMENDING SECTION
32.159, CODE OF ORDINANCES, PREVIOUSLY RESERVED.
TO PROVIDE FOR VARIANCES AND WAIVERS; REPEALING
SECTION 32.160, VARIANCES AND WAIVERS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, as one of many responses to a serious drought, the Southwest
Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on
March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and
Pasco Counties; and
WHEREAS, SWFWMD modified the restrictions and lifted the emergency order (SWF
01-14) on November 12, 2001, returning to the two-day watering schedule; and
WHEREAS, one-day a week watering remains in effect for users who receive
their water from the Tampa Bay Water Consolidated Permit Wellfields, and the City of
Clearwater is one of the affected users; and
WHEREAS, The Southwest Florida Water Management District (herein after
referred to as the District) has the authority to establish water use restrictions based on
"Best Management Practices", current hydrogeological conditions and as contained in
Chapter 400-21, F.A.C.; and
WHEREAS, The Southwest Florida Water Management District has determined
those conditions warrant a modification of the current water use restriction to promote
and require water conservation during times of average and above average rainfall as
well as during declared water shortages, and
WHEREAS, The District has rescinded Executive Order SWF 00-18 which
stringently restricted use based on last year's water shortage and,
WHEREAS. The District passed new water use restrictions as contained in
Chapter 400-22, F.A.C., and
Ordinance No. 7192-03
WHEREAS, the City of Clearwater wishes to amend the current city code to
comply with the District's "Water Shortage or Water Shortage Emergency"
modifications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 32.153 is amended to read:
Sec. 32.153. Watering Schedule
Preamble. The declaration of a water shortage condition or water shortage
emergency affecting all or part of the city or its water service area by the governing
board or the executive director of the district supports and requires the following
watering schedule for lawns, landscape and other uses of water and such schedule is
established for the City of Clearwater as set forth below pursuant to the current
provisions of Florida Administrative Code Rule 400-22 as follows.
(1) \'\'hen u~ing potablc water (domcstic ond lawn meters):
(8) Propcrty Qddre~ses ending in even numbers, letters A througfl-M On
Tuesday,
(b) Property addrcsses CAGing in odd numbers, lottcrs N through Z, or no
strcct addresscs On Sunday,
~I-locations No \Natering between 8:00 a.m. and 6:00 p.m. on any day;
(2) When using 'N3ter from wells, lakes or ponds:
(a) Property addresses ending in even numbers, lotters A through M On
Tuesday and/or Saturday,
(b) Property addresses ending in odd numtlers, letters N through Z On
Sund3Y 3R9lef.-Wednesd3Y;
2
Ordinance No. 7192-03
(c) Property with mixed or no aedress On Sunday and/or 'Nednesday
(d) All-lecations-Ne-watering between 10:00 a.m. ::md 4:00 p.m. on aAY
eay;.
(3) VVAeR-HsfR9-fBffialffied water:
~1-AU-tooat~ons-QA-any-Gay-ef-tf\e-week,
(b) Alllocations-No-watefffi~tween 10:00 a.m. and 4:00 p.m. on any
Gay;.
(4) EstaeHsJ:lment peried-for new lawns:
tat-NewJy-instaUeG-tawns may be watereEHiaily for 60 days, if necessary.
WateRng is alloweG-eflly during aHtRerized hours for '.vater source.
E9) No watefffig betvJeen 10:00 a.m. to 4:00 p.m. for well/lakes/ponds or
from 8:00 a.m. t~O p.m. for potable water.
(c) All locations which contain at least 50 percent of n8'.\I plant material
For 60 days and at 3uthorized hours for water source,
(d) All locations which contain less th3n 50 percent of n8'.V plant material
For 60 days, at authorized hours for water source and by means otheF
than irrigation system, unless 3n irrigJtion zone is created for the area
with nev.' plant materiai or watered so that the new plant material is
irrigated For 60 days, at authorizod hours for water source. For the
remainder of the location, irrigate 3t authorized hours for water source.
(5) Establishment of new landscaping, such as trees, shrubs and
plants: New landscaping, such as trees, shrubs and plants: may be 'Natered daily
if done by hand with a handheld hose with an automatic shutoff. No '.'Iatering is
to occur between 10 a.m. and -1 p.m.; .
(6) Low volume irrigation devices, defined as micro irrigation, bubblers,
soaker hoses, or drip tubing, shall not be restricted to specific days or times of
operation; and
(7) Miscellaneous Applicable to all water sources:
(a) Cars may be 'Nashed on any day, at any time, when necessary. ^
shutoff nozzle or other water efficient device must be used on the
'Natering source,
3
Ordinance No. 7192-03
(b) HaR4-wateRRg-0f-tfee&;--Sfmm&;-floweF-aAa-vegetable-gardens-is
aHeweG-as-f\eeded. ^ sh ut9ff-R9z~je-0F-{)t.ner-water-effi~e~Ge
mtlst-be-tfsed,
( &}---HaAe-waterfAg-Bf-lawA&-ts-r-estriGted-as-previded-iA-StlbseGtieAs-(4-}.
(~AG-f5-}--ef-tnfs-seGtioA-i
( d-)-IAseGtf~ees,f{mgiGides-and-herbiGiees-may-ee-wateFed-iFH*1-aA
unautnerf2eG-day.,but-wateriAg-must-be-within-autn0rized-R€H:lfS
aAd-timfte6-te--tfle-miAimum-of-wateriRg-flesessary. RB9utar
aesigAate€HrriEJaooR-day-aRd-heHr-S-SAOtlld-be-Hsed-wAeA--f3essfble;
(e1-F-ernHlBfS-SAeHIEi-be-water-e~A-eA-aHtn9riz-ed-Gay,--dtlfiREJ-fest-AGt-ed
AOUf&;
ill Applicability. This Section applies to all water sources as provided herein and
all water users as defined herein enqaqed in irriqation, includinQ those not
subject to permittinq pursuant to Florida Administrative Code Chapter 40D-2.
o Definitions. When used in this Section:
"Address" means the "house number" (a numeric or alphanumeric desiqnation)
that. together with the street name, describes the physical location of a specific
property. This includes "rural route" numbers but excludes post office box
numbers. If a lot number in a mobile home park or similar community is used by
the U.S. Postal Service to determine a delivery location, the lot number shall be
the property's address. If a lot number in a mobile home park or similar
residential community is not used by the U.S. Postal Service (e.q., the park
manaQer sorts incominQ mail delivered to the community's address), then the
community's main address shall be the property's address.
"AQriculture" means the science of production of plants and animals useful to
humans. includinq to a variable extent the preparation of these products for
human use and their disposal by marketinQ or otherwise, and includes
aquaculture, horticulture, floriculture, zooloQical and botanical specimen exhibits,
viticulture, forestry, dairy, livestock. pasture, poultry. bees, and any and all forms
of farm products and farm production. Plant nurseries and Turfqrass production
("sod farminq") are aqriculture: however, the care of new or ExistinQ Lawns, non-
edible Landscapes. Cemeteries. Golf Courses and Athletic Play Areas are not
classified as Aqriculture for the purpose of this Chapter.
"Athletic Play Area" means all Qolf course fairways, tees, and qreens, and
other athletic play surfaces; for example, football, baseball, soccer, polo, tennis
and lawn bowlinQ fields. and rodeo, equestrian and livestock arenas. A turfqrass
4
Ordinance No. 7192-03
area in a public park, when used for a festival or other scheduled event that
includes heavy foot traffic, is also considered an athletic plav area for a period
endinQ two weeks after the event.
"Cemeteries" means a place dedicated to and used or intended to be used for
the permanent interment of human or pet remains. A Cemetery may contain land
or earth interment; mausoleum, vault, or Crypt interment; a columbarium. ossarv,
scatterinQ Qarden, or other structure or place used or intended to be used for the
interment or disposition of cremated human or pet remains; or any combination
of one or more of such structures or places.
"Domestic' and "Other Sanitary Uses" means the use of water for the
individual personal household purposes of drinkinQ, bathinQ. cookinQ. laundrv,
household cleaninq, or other sanitation. Other uses often associated with
domestic activities. such as Lawn Irriqation are classified elsewhere in this
Chapter within appropriate use classes.
"DrivinQ RanQe" is the turfqrass at a practice or instructional facilitv that
provides a simulated Qolf fairway. simulated Qolf tee and simulated Qolf Qreen.
The simulated Qolf qreen associated with a simulated Qolf fairway is primarilv a
visual tarqet instead of a requlated plav surface, and so does not receive the foot
traffic and related turfQrass damaQe normallv associated with an actual Qolf
Qreen.
"Even Numbered Address" means an Address, endinq in the numbers 0, 2,4.
6, 8 or the letters A-M.
"Existinq" means any Lawn or Landscape. or portion thereof. which has been
in existence in the same location for a period of 60 days or more.
"Frost/Freeze or Heat Stress" means the symptoms caused to plants or crops
bv extreme cold or hot weather unless an irriqation event occurs: for example,
permanent wilt damaqe. vield reductions and/or plant death.
"Golf Course" means an area of land laid out for the express purpose of
plavinq qolf. includinq all qreens. tees. fairways, and rouQhs.
"Hand Waterinq" means waterinq plants or crops with one hand held hose.
fitted with a self-cancelinQ or automatic shutoff nozzle. or a waterinQ can or pail.
"Irriqation" means the application of water to plants for the purpose of
sustaininq plant life. promotinq plant qrowth or to facilitate crop production.
"Landscape" means a section of qround adorned or improved bv flowerinq
plants (whether annual or perennial). vines. shrubs. palms, trees, ferns.
ornamental qrasses and Qroundcover other than Lawn.
5
Ordinance No. 7192.03
"Landscape Use" means the application of water to Lawns and associated
Landscape surroundinq homes. commercial or industrial buildinq, qovernment or
other non-commercial buildinqs, parks, recreational areas, Cemeteries. non-play
areas of Golf Courses. public and private riqht-of-ways and medians but
excludinq Athletic Play Areas.
"Lawn" means a plot of Turfqrass, usually tended or mowed. surroundinq
homes. commercial or industrial buildinqs, qovernment or other non-commercial
buildinqs, parks, recreational areas, Cemeteries, and public or private riqhts-of
way and medians, but excludes Athletic Play Areas, whether such areas are free-
standinq or within a park or other settinq.
"Low-Volume Irriqation" means the use of Hand Waterinq, Micro-irriqation or
other equipment and devices specifically desiqned to allow the volume of water
delivered to be limited to a level consistent with the water requirement of the
plant beinq irriqated and desiqned to allow that water to be placed with a hiqh
deqree of efficiency within the root zone of the plant.
"Micro-irriqation: means any Irriqation device that distributes water near or
within the root zone throuqh low flow rate and emitters. Examples of Micro-
irriqation devices include drip, line source. microspray, microsprinkler, bubbler
and similar types of systems. The term specifically includes propaqation mist
heads, capillary mats and soaker hoses. The term also includes water use in
Mist Houses and similar establishments for plant propaqation and production. but
excludes any form of turf irriqation other than in a sod production ("turf farminq")
settinq.
"New Plant Material" means any Lawn or Landscape, or portion thereof,
which has been in existence in the same location for less than 60 days.
"Odd Numbered Address" means an Address endinq in the numbers 1, 3, 5,
7, 9 or the letters N-Z.
"Reclaimed Water" means water that has received at least secondal)'
treatment and basic disinfection and is reused after flowinq out of a wastewater
treatment facility.
"Spot Treatment" is the Hand Waterinq of isolated areas of turfqrass or other
plant material, such as qolf course qreens, in order to efficiently deliver water
needed to provide uniform moisture content. This practice is a water-conservinq
means of compensatinq for differences in sun exposure, sprinkler coveraqe, and
other site-specific factors.
"Spriqged Turf Area" means a turf area beinq established veqetatively by
placinq Spriqs in furrows or small holes.
6
Ordinance No 7182-03
OISpriqs" means individual stems of Qrass with one to four nodes (joints) from
which roots can develop. Spriqs may also be called runners, rhizomes, or
stolons. Spriqs are a means of veqetative propaqation that is sometimes used to
produce Golf Course qreens, Golf Course fairways, other Athletic Play Areas,
and Lawns. Bermuda qrass is the most common type of turiqrass propaqated in
this manner.
OISyrinqinq" is the waterinq of turfqrass or other plant material in order to lower
the air temperature around the leaf surfaces. This qenerally involves the use of
Hand Waterinq or "fogqinq" irriqation equipment. The purpose of the special
waterinq technique is to cool-off the leaf tissue, not to wet the soil.
"Turfqrass" means a dense Qrowth of qrass (any of numerous plants of the
botanical family Gramineae) beinq used as a qround cover to provide one or
more of the followinq benefits: erosion control, dust reduction. beautification, or
as a playinq surface for sports or recreation. Common turfgrasses in Florida
include, but are not limited to: Bahiaqrass, BermudaQrass, and St.
AUQustineqrass.
"User" means any person, individual. firm, association, orQanization,
partnership. business trust, corporation, company, aqency, employee or other
leqal entity, the United States of America. and the State and all political
subdivisions, reqions, districts, municipalities, and public aQencies thereof, which
directly or indirectlv takes water from the water resource, includinq but not limited
to uses from qroundwater wells and private or public utility systems.
"Vertical Mowinq" means a form of thatch removal involvinq the use of special
equipment that makes multiple vertical cuts into the Lawn of other turfqrass.
Vertical mowinq may also be referred to as verticuttinQ.
"Water Resource" means any and all water on or beneath the surface of the
qround. includinq natural or artificial water courses. lakes, ponds, or diffused
surface water and water percolatinq, standinq, or flowinq beneath the surface of
the qround. specifically includinq water withdrawn from wells, but excludinq
seawater.
"Water shortaqe or water shortaqe emerqency" means that situation when the
Governinq Board or Executive Director of the Southwest Florida Water
Manaqement District has declared a water shortage applicable to the City of
Clearwater pursuant to Sections 373.175 or 373.246, F .S. or Chapter 400-21,
F.A.C.
"Water Use Permit" (WUP) means a permit issued by the Southwest Florida
Water Manaqement District pursuant to Florida Administrative Code Chapter
400-2, authorizinQ the use of water.
7
Ordll1ance No. 7192-03
(3) Year-Round Water Conservation Measures
fill. General Requirements - The year-round water conservation measures
contained in this Section are applicable to all water Users. includinq end
Users served bv public or private water systems. Any restrictions or other
measures declared by the Southwest Florida Water Management District
pursuant to Florida Administrative Code Chapter 400-21. or any Board or
Executive Director order of said District that is more restrictive than a
water conservation measure contained within this Section shall supersede
the water conservation measure for the duration of the applicable water
shortaqe declaration.
ill Wasteful and Unnecessary - In addition to the specific restrictions
enumerated below, the followinQ wasteful and unnecessary water lIses
are prohibited:
(i) Allowinq water to flow from an unattended hose. unless that water
is discharqed from a functional water-to-air air conditioninq unit.
residential reverse osmosis treatment system. or similar device.
(ii) Handwaterinq a Lawn on an otherwise restricted day or more than
once a day, except when used for Spot Treatment or other
practices specified in this Rule.
(iii) Hosinq-down a driveway or other impervious surface to remove
Qrass c1ippinqs or other debris that can be removed with a broom or
other dry methods.
(iv) Hosinq-down a buildinQ or other structure to remove cobwebs or
other material that can be removed with a broom or other dry.
methods.
(v) AllowinQ water to flow from a broken sprinkler head. outdoor faucet,
or other malfunctioninq plumbinq or irriQation system component,
after receivinq verbal or written notice from the City.
(4) Irriqation Uses - The followinq requirements shall applv to all IrriQation except
Aqriculture. for example: Lawns. landscapes, Golf Courses. and other Athletic Play
Areas.
(a) Irrigation shall be prohibited dailv between the hours of 10:00 a.m. and 4:00
p.m.. except as otherwise provided herein.
(b) Irriqation systems may be operated durinq restricted days and/or times for
cleaninQ and maintenance purposes with an attendant on site in the area beinq
8
Ordinance No. 7192-03
tested. Irriqation systems may routinely be operated with an attendant on site in
the area beinq tested. Irriqation systems may routinely be operated for such
purposes no more than once per week. and the run time for anyone test should
not exceed 10 minutes.
(c) Irriqation for the purpose of waterinq-in fertilizers, insecticides, funqicides and
herbicides, where such waterinq-in is required by the manufacturer, or by federal.
state or local law. shall not be restricted. with two exceptions when associated
with a Lawn or Landscape: In the absence of specific alternative instructions
from the manufacturer. such waterinq-in shall be limited to one application of
one-quarter inches; and. such waterinq-in shall be accomplished durinq
allowable waterinq times unless a professional applicator has posted a temporary
siqn containinq the date of application and the date(s) of needed waterinq-in
activity.
(d) Landscape may be watered usin<:t Low-Volume Irriqation methods on an as-
needed basis instead of beinq restricted to certain days or times.
(e) Lawns may be Spot Treated without reqard to the normally allowable waterinq
days or times. Lawns may only be Spot Treated by Hand-WaterinQ or other
tarqeted, manual means.
(f) In order to promote necessary rhizome repair. extra waterinq of turfQrass may
occur on any day of the week for a 14-day period after Vertical MowinQ has
occurred. An entire zone of an Irriqation system. may only be used for extra
rhizome repair waterinQ if the zone in question is for an area that contains at
least 50% TurfQrass recoverinq from Vertical Mowinq. If a zone contains less
than 50% recoverinq Turfqrass, or if the recoverinq Turfqrass area is typically not
watered by an IrriQation system, only the recoverinQ TurfQrass is eliQible for this
14-dayexemption. Tarqeted waterinq may be accomplished by Hand Waterinq,
or any appropriate method which isolates and waters only the recoverinq
TurfQrass.
(q) New Plant Material shall only be irriqated as follows:
(i) Any New Plant Material may be irriQated on any day of the week
as needed. for the purpose of maintaininq plant health and
encouraqinQ root <:trow-in, durinq a GO-day establishment period.
(ii) This establishment period beqins the day the New Plant Material
is installed, and is limited to areas containinq New Plant Materials
only. An entire zone of an IrriQation system may only be used for
establishment period waterinq if the zone in question is for an area
that contains at least 50% New Plant Material. If a zone contains
less than 50% New Plant Material. or if the New Plant Material is in
an area that will by typically not be watered by an IrriQation system,
9
Ordinnnce No. 7192-03
only the New Plant Material is eliqible for this 60-day exemption.
Tarqeted waterinq may be accomplished by Hand Waterinq, or any
appropriate method which isolates and waters only the New Plant
Material.
(iii) On the day any New Plant Material is installed, it may be
irriqated once without reqard to the normally allowable waterinq
times. Irriqation of the soil immediately prior to the new installation
of New Plant Material is also allowable without reqard to the
normally allowable waterinq times.
(iv) Irriqation of Spriqqed turfqrass areas is allowable without reqard
to the normally allowable waterinq times for the entire 60-day
establishment period.
(v) Irriqation of new Turfqrass areas or other New Plant Material
associated with a public works proiect. when and where conducted
usinq tanker trucks or other vehicles, is allowable without reqard to
the normally allowable waterinq times for the entire 60-day
establishment period.
(vi) Landscape may continue to be irriqated on an as-needed basis
without reqard to the normally allowable waterinq days or times
after the establishment period ends if Low-Volume Irriqation
technoloqy is used. pursuant to 40D-22.201 (1 )(d).
(vii) Except as otherwise provided herein. all other such
establishment period waterinq shall occur durinq normally allowable
waterinq times.
(h) Irriqation usinq Reclaimed Water shall not be restricted. However. all
properties should voluntarily conserve Reclaimed Water by not irriqatinq
between the hours of 10:00 a.m. and 4 p.m. In addition. if Irriqation is
done with a source that contains a blend of Reclaimed Water and potable
water. qround water. pond water or some other supply, the use of this
blended water shall be subiect to the restrictions that apply to that other
supply. except for the followinq circumstances:
(i) The other supply is incidental stormwater runoff that enters a
Reclaimed Water storaqe pond:
(ii) The other supply is a withdrawal regulated by a District Water
Use Permit. provided that the Quantity beinq blended with the
Reclaimed Water is specifically authorized for blendinq purposes.
For example, this other supplv may be withdrawals from an un-
10
Ordinance No. 7192-03
auqmented stormwater system or water recovered from a permitted
ASR well that stores seasonal diversions from a surface water
body. includinq ASR well testinQ authorized in preparation for
permit issuance:
(Hi) The other supplv is water recovered from a Reclaimed Water
ASR well permitted bv the Florida Department of Environmental
Protection. includinq Reclaimed Water ASR well testinq authorized
in preparation for permit issuance: or
1. The applicable Reclaimed Water provider is
implementinq a District-authorized variance from the
provisions of 400-22.201 which addresses use of the
reclaimed water blend.
(i) The operation of an Irriqation system for the discharQe of water from a
water-to-air air conditioninq unit or other water-dependent coolinq system
shall not be subiect to the provisions of this Section.
(j) IrriQation of established TurfQrass and Landscape associated with a
public works proiect. when and where conducted usinQ tanker trucks or
other vehicles. is allowable without reQard to the normally allowable
waterinQ days and times. except that IrriQation of TurfQrass bv this method
is limited to a maximum of two applications of % inches of water in any
seven-day period after conclusion of the establishment period exemption
specified above.
(5) Lawn and Landscape Use - The followinQ additional requirements or
exceptions shall applv to the IrriQation of Lawns and Landscape.
(a) Except as otherwise specified in this Section. Even Numbered
Addresses may accomplish necessary Lawn and Landscape IrriQation on
onlv Tuesdav and/or Saturday.
(b) Except as otherwise specified in this Section. Odd Numbered
Addresses and riQhts-of-wav or other locations without an Address may
accomplish necessary Lawn and Landscape IrriQation on only
Wednesday and/or Sunday.
(c) Cemeteries and other Users irriQatinQ property two acres or Qreater
may water one-half of the property on the days allowed for Even
Numbered Addresses and may water the remaininQ one-half on the days
allowed for Odd numbered Addresses. Each such User is required to
maintain a map or sketch on site that indicates which days each part of
the property will be watered, and the City may require that a copy of this
11
Ordinance No. 71 g2~03
same map or sketch be provided for verification or enforcement purposes.
If a specific property is unable to comply with this schedule, the variance
process may be used to reqister an alternative schedule acceptable to the
City.
(6) Golf Courses - The followinq additional requirements or exceptions shall
apply to Golf Course Irriqation as appropriate:
(a) Users whose uses require and are authorized bv a WUP have been
evaluated by the District and required to maintain compliance with all
WUP conditions and terms, includinq those desiqned to require the
utilization of water conservinq practices. Compliance with all WUP
conditions and terms shall constitute compliance in lieu of other measures
specified in subsections 400-22.201 (2)-(5).
(b) Except as excluded by the provisions contained in Florida
Administrative Code Rule 400-22.201 (5)(a). all individual Users for Golf
Course Irriqation shall use:
(i) Best Manaqement Practices For Florida Golf Courses.
University of Florida. Institute of Food and Aqricultural Sciences,
Cooperative Extension Service. Department of Environmental
Horticulture, 1993, as amended; or
(iD The followinq measures:
a. Irriqation shall be limited to the times specified in
Florida Administrative Code Rule 400-22.201 (3).
b. Fairways. rouqhs and Drivinq Ranqes, shall be
watered no more than two times per week.
c. Tees and greens shall be watered no more than
three times per week.
d. The Irriqation of tees and Qreens shall not be
restricted when such Irrigation is for plant
protection. includinQ Frost/Freeze or Heat Stress.
except as limited bv the provisions contained in
Florida Administrative Code Rule 400-22.201 (2).
e. Spot Treatment and SvrinqinQ are not restricted.
t Irriqation related to overseedinQ that is a
component of a fall transition proQram shall not be
12
Ordinance No. 7192-03
restricted to a certain number of applications each
week.
(7) Other Athletic Play Area lrriqation - The followinq additional requirements or
exceptions to the provisions contained in Florida Administrative Code Rule
40D-22.201 (1 )-(3) shall apply to the play areas of Athletic Play Areas:
(a) Operation of an Irrigation system for plant protection of Athletic
Play Areas turfqrass fields. includinQ Frost/Freeze or Heat Stress
prevention, shall not be restricted. except in accordance with Florida
Administrative Code Rule 40D-22.201 (2);
(b) The wettinq of clay tennis courts. baseball/softball infields.
livestock or rodeo areas and other non-turf qrass Athletic Play Areas
immediately prior to play is allowable to ensure athlete/animal safety.
comply with sport standards and control dust.
(c) Baseball. softball. football. soccer. polo and other similar
turfqrass playing field surfaces may receive on extra Irrigation
application immediately after heavy league play if necessary to
encouraqe turf repair needed to maintain safe play conditions.
(d) Spot Treatment and Syrinqinq are not restricted.
(e) One-half of Athletic Play Areas may be irriqated on Mondays
and/or Thursdays; the other half may be irriqated on Tuesdays
and/or Fridays for the purpose of meetinq normal supplemental
Irriqation needs. A map or sketch shall be maintained on site that
indicates which days each part of the property will be watered, and
the District or applicable local qovernment may require that a copy
of this same map or sketch be provided for verification or
enforcement purposes. If a specific property is unable to comply
with this schedule. the variance process may be used to reqister an
alternative schedule acceptable to the District.
(8) Aqriculture - The followinq additional requirements or exceptions to the
provisions contained in Florida Administrative Code Rule 40D-22.201(1) shall
apply to Amiculture as appropriate:
(a) Users whose uses require and are authorized bv a WUP are required to
maintain compliance with all WUP conditions and terms, includina those
desianated to require the utilization of water conservina practices.
Compliance with all WUP conditions and terms shall constitute compliance in
lieu of other measures specified in Florida Administrative Code Rule 400-
22.201 (1 H2) and (7).
13
Ordinance No. 7192.03
(b) Except as excluded by the provisions contained in Florida
Administrative Code Rule 400-22.201 (7)(a), all individual Users for
Aqriculturallrriqation shall follow these measures:
(i) Use of Micro-irriqation and other Low-Volume Irriqation
methods shall not be restricted.
(ii) Operation of an Irriqation system for plant protection,
includinq Frost/Freeze or Heat Stress prevention, shall not
be restricted.
(iii) Irriqation for the purpose of waterinq-in fertilizers,
insecticides. funqicides and herbicides, where such
waterinq-in is required by the manufacturer, or by federal or
state law, shall not be restricted.
(iv) All other Irriqation shall be prohibited daily between the
hours of 10:00 a.m. and 4:00 p.m.
(v) The variance process may be used to reqister all
alternative Irriqation proqrams acceptable to the Southwest
Florida Water Manaqement District, such as the ability to
irriqate in accordance with a published document detailinq
Best Manaqement Practices for the applicable crop or
commodity.
Section 2. Section 32.158 is amended to read:
Sec. 32.158. Recision. Rescission.
When the ~overnin~ boam-and executive director of the-ffistFiGt-Getem:HRes that a
water shortaQe condition no lon~er exists, or no lon~er exists to the same deqree. the
district shall rescind or modify the restriction it has adopted. In the event the Southwest
Florida Water Manaqement District shall declare a water shortaqe emerqency, either by
board action or by executive order, and further restricts the use of outdoor waterinq, the
City of Clearwater shall conform to the emerqency order and follow the more restrictive
water usaqe for the period of the declared emerqency. Notification to local
governments and to other persons affected by this division shall be according to the
provisions of section 32.157 hereof.
Section 3. Section 32.159 is amended to read:
Sec. 32.159. Reserved Variances and waivers.
Users may request relief from the provisions of the prOVISions of Florida
Administrative Code Chapter 400-22 by filinq a petition for variance or waiver with the
14
Ordinance No. 7192-03
Southwest Florida Water Manaqement District pursuant to Section 120.542 and Rule
28-107 F.A.C. The City of Clearwater shall consider that such variances qranted to
users otherwise subiect to this ordinance are in effect, subiect to conditions contained
therein and in applicable provisions of the Florida Administrative Code concerninq
ratification and affirmance of such variances and waivers. A variance is invalid if it has
expired or if the property owner or aqent violates terms of the variance.
Section 4. Section 32.160 is hereby repealed in its entirety:
Sec. 32.160. Variafl6e&:-
(1) The director of pHbHe-workc may qrant-a-variance from the terms of
section 32.159 wRen such variance will-flat be contrary to the PHeHs
interest and '....here. owin~o special condioons. a literal enforcement of
tRe-aFGvisions of that section would-result in hardship on the appliGaflf.:.
FtaffisRip may inchffie-but is not limited to pHysical handicap. irriqatiofl
system limitations. reliqious convictions or the heaUh and safety of...-tRe
a13plicant. Such vari3nce shall not be-w-anted unless and until a WHttefl
a13~Gatlon for a variance shall be subffifUeG-GemaflStfaijnq that:
(a) The variance sRalklot be in confliet-will=l-any other 3ppliea9le
ordinance or state--Jaw;
(b) The-vaAaflee-wiU-flat-adverse Iv affeet-tRe-watef-SHf}~
(c) The va ri3 n ce wiU-Rat-vialate-tfle-Qeflefal-sJ;}iR~flG-fflteflt-af
tAis4ivision nor will it be iflOOflSistent with the comprehensive
f}taR-:-
(2) The director of public works shall cOflSider--tRe variaAce 3S soon as is
J}fa6tkal after submittal of the written ::JPPOOatton. In qrantinq any
variance. the direetaF of public works maY-J:)re66fibe appropriate conditions
te-assure confGffRaflGe with the criteAa-Hsted-ifl-SH9seBtion (1) ab~
Vialatffifl-Gf-sHOO-ooAditieAs.-sRaU-be-aeemed a vioJatiafl-Gf-this secti9fl-aM
shall be subiect tG-the same enfoFGemeAt-afld penalijes as a '1iokition of
seetien 32.159.
Section 5. This ordinance shall take effect immediately upon adoption.
15
Ordinance No. 7192-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
. Approved as to form:
16
October 2, 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7192.03
ITEM # /5
. . .
. . .
. ...'
. . . . .
. .' .' .. .
". . .
/~
MOTION TO AMEND ORDINANCE NO. 7124-03 ON THIRD READING
On page one amend the ordinance as follows:
At the end of the paragraph of Section 3 add the following language:
The effective date of this plan amendment shall be: The date a final order is
issued by the Department of Community Affairs findinq the amendment to be in
compliance in accordance with Chapter 163.3184. Florida Statutes; or the date a final
order is issued by the Administration Commission findinq the amendment to be in
compliance with Chapter 163.3184. Florida Statute.
W
Pamela K. Akin
City Attorney
September __' 2003
ORDINANCE NO. 7124-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF SOULE ROAD,
APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT
ROAD, CONSISTING OF A PORTION OF METES & BOUNDS
21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES &
BOUNDS 21/02, AND A PORTION OF METES & BOUNDS
21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND
2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL
URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See legal description attached hereto
(LUZ2003-03002)
Land Use Cateqory
From: Residential Urban
To: Institutional
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board of
County Commissioners, and subject to a determination by the State of Florida, as
appropriate, of compliance with the applicable requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act, pursuant to
9 163.3189, Florida Statutes. The Community Development Coordinator is authorized
to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance. The
effective date of this plan amendment shall be: The date a final order is issued by the
Department of Community Affairs findinQ the amendment to be in compliance in
accordance with Chapter 163.3184. Florida Statutes: or the date a final order is issued
by the Administration Commission findinQ the amendment to be in compliance with
Chapter 163.3184. Florida Statute.
PASSED ON FIRST READING
June 19. 2003
Ordinance No 7124-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
/s/ Leslie K. DouQall-Sides
Leslie K. Dougall-Sides
Assistant City Attorney
READOPTED ON THIRD READING
AS AMENDED
Approved as to form:
Julv 17 , 2003
/s/ Brian J. AunQst
Brian J. Aungst
Mayor-Commissioner
Attest:
/sl Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7124-03
Legal Description of LUZ2003-03002
Regency Oaks, LLC & Sylvan Health Properties, LLC.
The Northeast X of the Northwest y., of Section 5, Township 29 South, Range 16 East, less and
except the following described parcels:
Commence at the Southeast corner of the Northeast ~ of the Northwest ~ of said Section 5;
thence N 890 39' 17" W, along the South line of the Northeast ~ of the Northwest ~ of said
Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 890 39' 17" W,
along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the
Northeast ~ of the Northwest ~ of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for
463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to
the POINT OF BEGINNING, and less and except the right of way of Soule Road.
And,
Commence at the North ~ corner of said Section 5; thence S 000 22' 34" W, along the
North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the
Northeast ~ of the Northwest ~ of said Section 5; thence N 890 39' 20" W, along the South line
of the Northeast ~ of the Northwest ~ of said Section 5, for 1,216.65 feet to the POINT OF
BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the
Southwest corner of the Northeast y., of the Northwest X of said Section 5; thence
N 000 48' 20" E, along the West line of the Northeast ~ of the Northwest ~ of said Section 5,
for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet;
thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence
S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E. for 126.79 feet; thence S 410 40' 50" E,
for 53.21 feet; thence S 49010" 01" E, for 62.54 feet; thence S 02055' 24" W, for 161.08 feet to
the POINT OF BEGINNING.
3
Ordinance No. 7124-03
MOTION TO AMEND ORDINANCE NO. 7125-03 ON THIRD READING
On page one amend the ordinance as follows:
At the end of the paragraph of Section 3 add the following language:
The effective date of this plan amendment shall be: The date a final order is
issued bv the Department of Community Affairs findinq the amendment to be in
compliance in accordance with Chapter 163.3184. Florida Statutes; or the date a final
order is issued bv the Administration Commission findinq the amendment to be in
compliance with Chapter 163.3184. Florida Statute.
LlIVv
Pamela K. Akin
City Attorney
September , 2003
I~
ORDINANCE NO. 7125-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
WEST SIDE OF SOULE ROAD, APPROXIMATELY 1.000
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
A PORTION OF METES & BOUNDS 21/00, ALL OF METES
& BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND
A PORTION OF METES & BOUNDS 21/03, SECTION 5,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770
REGENCY OAKS BOULEVARD, FROM LOW MEDIUM
DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned. and the zoning atlas of the City is amended as follows:
Property
Zoninq District
See legal description attached hereto
(LUZ2003-03002)
From: Low Medium Density Residential (LMDR)
To: Institutional (I)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation set forth in Ordinance 7124-03 by the
Pinellas County Board of County Commissioners, and subject to a determination by the
State of Florida, as appropriate, of compliance with the applicable requirements of the
Local Government Comprehensive Planning and land Development Regulation Act,
pursuant to 9163.3189, Florida Statutes. The effective date of this plan amendment
shall be: The date a final order is issued by the Department of Community Affairs
findinQ the amendment to be in compliance in accordance with Chapter 163.3184.
Florida Statutes; or the date a final order is issued by the Administration Commission
findinQ the amendment to be in compliance with Chapter 163.3184, Florida Statute.
PASSED ON FIRST READING
June 19, 2003
Ordinance No. 7125-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Isl Leslie K. Douqall-Sides
Leslie K. Dougall-Sides
Assistant City Attorney
READOPTED ON THIRD READING
AS AMENDED
Approved as to form:
Julv 17. 2003
Isl Brian J. Aunqst
Brian J. Aungst
Mayor-Commissioner
Attest:
Isl Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7125-03
Legal Description of LUZ2003-03002
Regency Oaks, LLC & Sylvan Health Properties, LLC.
The Northeast % of the Northwest X of Section 5, Township 29 South. Range 16 East,
less and except the following described parcels:
Commence at the Southeast corner of the Northeast X of the Northwest % of said
Section 5; thence N 890 39' 17" W, along the South line of the Northeast Y.t of the
Northwest Y.t of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence
continue N 890 39' 1 T' W, along said South line, for 270.32 feet; thence N 000 53' 02"
W, along the West line of the Northeast % of the Northwest Y4 of said Section 5, for
270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00
feet; thence S 47043' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less
and except the right of way of Soule Road.
And,
Commence at the North :4 corner of said Section 5; thence S 000 22' 34" W, along the
North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of
the Northeast % of the Northwest Y4 of said Section 5; thence N 890 39' 20" W, along
the South line of the Northeast 14 of the Northwest Y4 of said Section 5, for 1,216.65
feet to the POINT OF BEGINNING; thence continue N 89039' 20" W, along said South
line, for 127.00 feet to the Southwest corner of the Northeast :4 of the Northwest % of
said Section 5; thence
N 00048' 20" E, along the West line of the Northeast Y4 of the Northwest Y.t of said
Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32"
W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for
59.66 feet; thence
S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 41040'
50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for
161.08 feet to the POINT OF BEGINNING.
3
Ordinance No. 7125-03
,
Clearwater
Purchasing Memorandum
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Page 1 of 1
i7. i
~:' .:::!:.'~'~~'::;'~~;:~~
.._\oio.,....T...I............",..~,..,... ,..""'.1..... ..,.,..,......_._,.;1' :....'~"......'n__ _...l'....-.-...~..,.,.."""r."'>&.'.......,~....AoI'_.~..~."....-...........t...............,,,.#wJ~"-........_~~~~~_...ur.._.~_____..
City Commission
Preferred Date: 110-16-2003 ~
Item Id: 233
Submitted: 109-25-200:>
Agenda 10: I
Actual Date: I
User Department:
I Gas S ySle III
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Requesting Department:lCias Systelll
General Information
Description: Sn'l:n,",:.rin,:, s02r':i'::e3'lll~.in9 tho:: c()nt~',"lct peri:>d: October
- I
~ 00: t hru .1ll1~'
~
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Comments: Re1,JeClti,-,n pl.">)]ects at ':arious 1ocatl,:.,ns in Pine11Ci:3 and Pasco Counties to be ~
pel. fo: rm02(! L',' in Enqi:.,;--?:: )f P.r,,::orcl.
~
Appropriations
Quantity: /1 Type: ISclyjcc
Bid Number or Code Exception:lcllY ofClcarwater RFQ
Vendor Name, City, State:
Tampa Bay Engineering Group Inc., Clearwater, Florida
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Appropriations Code
I:; 15-%3 7-l-561300-532-0UO
Amount
1$250.000.uo
Appropriations Comments
IActual charg.c to %374 $182.850, To 96378 $67,150.
~ Clearwater
Purchasing Memorandum
a'.~\,,,.......t-AI-"~"',,,""&.ofOl':r"'~"~""4""_",'~'~""',..1''''''~-=''''''''~A:.._~ A_~_~'_ .. - ...~ -~ __-q
City Commission
Preferred Date: 110-16-2003 ~
Item Id: 232
Actual Date: I
Requesting Department: I Engin~~lin!,!
User Department:
I Engllll"~ 11Il!,!
General Information
Description: :.Ianhol", ::ehctl)il:tlticr, du:.i:-.;; t~.":- ,~-:-.::-,,:t r-::-::::-:I:
;::(1"'4
I) -.~ .. ~
pe'K 2-
Submitted: 109-25-2003
Agenda 10: I
::: (J\J 2
':' :~ru O~~t .: 1,
Comments:
For v,-.::i\..;\1s lc-'~-_Hi()ns throughout th.: City as identified in the 2(-('1/:':00: Lin~
CleanLng ProgrAm.
Appropriations
Quantity: 11 Type: IS~r\'ic~ coniine!
Bid Number or Code ExceptionJ2_564 (I )(d) - HillsborOl
Vendor Name. City, State:
ROi-iland Inc" Pine11as Park, Florida
Appropriations Code
13 56-96694 -563~00-535 -000
INone
Appropriations Comments
Amount
1$190,000.00
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P<lge 1 of 1
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PR"~
Page 1012
Agenda Cover Memorandum
City Commission
Preferred Date: 110-02-2003
Item 10: 197
Submitted: 109-05-2003
Actual Date: I
~
Latest Possible Date: 110-02-2003
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-Subject I Recommendation:
Ratify and confirm the City Manager's approval to expend the amount of 5327,500 for :he
excavation, transportation, lab work and disposal of contaminated coal-tar material,
570,500 for the excavation and disposal of regular household trash, both of which were
unearthed during the construction of the Co~~unity Sports Comp~ex. Approve funding in
the amount of 525,000 for the removal of exotic plants and scrub brush in the right of
way and pond along U.S. 19 and the eastern boundary of the Community Sports Complex for a
rl"'\'" ~~ ::u"'\nr",,,::.1 "f 1:;J1?1 non on "nt.l::arr4c rno nrl""\..;cu.......
- Summary:
During the installation of a storm drain on the west side and main entry to the new
Co~~unity Sports Complex, a blacK, petroleum based substance began seeping out of the
trench that was being excavated for the storm drain. The City's environmental division
was contacted immediately and environmental consultants were retained to address the
immediate concerns and run analysis of the substance.
In order to keep construction of the drain line underway and not incur additional
expenses due to delayed construction, environmental consultants qualified to deal with
the substance (coal tar), were retained to remove the contamination from the portion of
the project site where the drain line was set to be installed at a cost of approximately
Sl17,500. The work performed allowed for the drain line to be completed as scheduled,
however a substantial amount of the coal tar still requires removal from the site. The
additional work is underway. A proposal was received from Jamson Environmental and a
purchase order issued to complete the additional work for an amount not to exceed
S210,OOO.
During construction of the outfield berm, household type trash was encountered where the
berm wall was set to be constructed. Proper compaction of the underlying ground could
not be obtained and thus construction could not continue until the trash was excavated
and transported to Pinellas County landfill for disposal. The cost of the excavation,
transportation and disposal of the trash totaled $70,500.
As a part of purchase of the lIome Depot parcel, the City also acquired the large storm
water pond that runs along U.S. 19, the eastern boundary of the property. The city has a
requirement to bring the pond up to SWFWI1D standards. Additionally, the right-of-way
area along and north of the pond has been neglected for many years and is overgrown with
exotic plant life. It is estimated that funding in the amount of $25,000 will allow for
the pond remediation and clean up of the right
Originating Department: I Parks and Recreation
Category: I Basic Purchasing item
~ Section: I Consent Agenda
Public Hearing:
INO
.d
Number of Hard Copies attached:
10
- Review Approval: (S;gnature indicates approval.)
IKevin Dunbar 09-25-2003 11 :46:03 IGeorge McKibben 09-25-2003 13:0
ITinn Wilson 09-26-2003 08:04:36 IPam Akin 10-01-2003 15:23:37
Il3ill Horne 10-06-2003 12:00:02
IGmry BrumbClck 10-06-2003 10: 18:
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- Additional Summary Space
-of-way along the eastern boundary of the complex. The clean up of the right-of-way will
allow for a clear view of the facility from U.S. 19 and enhance the overall appearance of
the new city facility.
Pundinq for these contracts will be provided by a first quarter budget amendment
allocating $423,000 from the unappropriated retained earnings of the Special Development
fund.
Attached Documents: I _ .. ......._ _...____.___..._d H_ .' ._. ._... ...
If your Summary is greater than 4000 characters you wi" be prompted to attach a separate document for the Summary.
Please enter the name of the attached summary above.
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~ Qearwater ; Page 2 of 2
;~~~%. ~ Agenda Cover Memorandum: Financial Information
. __ v---.. ......'11. -
Type: I Capital Expenditure .=1
Bid Required?: INO .=1 Bid Exceptions: I Emergency ~
In Current Year Budget?: I No ~ Budget Adjustment: I Yes .=1
- Budget Adjustment Comments:
!Fundinq for these contracts will be provided by a first quarter budge: amendment ~
~~=~cating $423,000 fro~ the unappropriated retained earnings of the Special Development ~
Current Year Cost: 1$423.000.00 Annual Operating Cost: 1$423.000.00
For Fiscal Year. 110-01-2003 to 109~30-2004 Total Cost: 1$423.000.00
Not to Exceed: 1$423.000.00
Appropriations Code Amount Appropriations Comment
1315-92829 1$423.000.00 I
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- Review Approval:
IKevi'1 DunbAr 09-25-2003 11:46:03 IGl~or!Je McKibben 09-25-2003 13:0 1
ITinn 'Nilson 09-26-2003 08:04:36 Ipnm Akin 10-01-2003 15:2337 IGarry Brumbnck 10-06-2003 10: 18:
~ Clearwater!
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Agenda Cover Memorandum
PR~
Page 1 of 1
10;
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Latest Possible Date: 110-16-2003
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Submitted: 109-18-2003
Actual Date: I
City Commission
Preferred Date: 110-16-2003
Item 10: 217
-Subject I Recommendation:
Approve an Amendment to License Agreemen~ between Florida Power Corporation and the City ~
of Clearwater for use of the right of way along Old Coachman Road.
.:J
- Summary:
On December 18, 1986 the City entered into a License Agreement with Florida Power ~
Corporation to provide parking in Florida Power Corporation's right-of-way on the west
side of the Carpenter Training Complex.
The Amendment to the License Agreement provides the construction of a player parking lot,
lighting, landscaping, paved drive aisles and extended boundaries for parking areas on
the right-of-way. The Amendment and Exhibit "A" modify the original agreement and
reflect the improvements as agreed upon by both parties.
No increased cost is associated with the Amendment.
A copy of the Amended License Agreement with Exhibit "A" is available for review in the
Official Records and Legislative Services office.
Originating Department:
Category: I Agreements/Contracts - without 0051
Section: l Consent Agenda .
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Public Hearing: I No
.d
Number of Hard Copies attached:
- Review Approval: (Signature indicates approval.)
IKevin Dunbor 09-25-2003 15:48:34' ICyndie Goudeau 10-06-2003 10:22
ILaura Lipowski 10-01-2003 11: 14:4 IGarry Brumback 10-06-2003 10:16:.
IBiII Horne 10-06-2003 12:02:04
I
~ Clearwater,
I:' ~%:~.~~~:s:::
Agenda Cover Memorandum
PD \
Page 1 012
...~-~.....--
City Commission
Preferred Date: II O-16-~003
Item 10: 215
Submitted: 109-18-2003
Actual Date: I
dV.
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Latest Possible Date: 110-16-2003
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- Subject I Recommendation:
F~-~~r0int Willia~ Schwob to the Board of Trustees, Clearwater Police Supplementary
F ,o,ns i '-,n Fur..:!,
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-Summary:
In k.:..:,pinq :;ith the p1.o\'i:;ions of Florida Statute 185.05, ",hieh states in part "the board ~
(): t=ustees shall consist of five members, tHO of 'dhom, unless otherllise prohibited bi'
]a'd, shall be legal residents of the municipality, who shall be appointed by the
legislative body of the municipality."
On October 18, 2001, William Schwab 12574 Sweetgum Way West, Clearwater) was appointed
by the Ci ti' Corrunission to serve on the Board of Trustees of the Police Supplementary
Pension for a period of t',/O years (11/01/01-11/01/03).
ThE- Board of Trustees of the Cleanlater Police Supplementary Pension Fund recommends
rL,r :';1l1l-,zt: :,:');\;:-1. l'.:. r",-cIPF':int""d t: 0,";-1'.'", <:1 n,'() i2i y~ar term as trustee, 1,1r. Schllob
has stated that he will accept re-appointment.
Originating Department: I Police
Category: IOther
~ Section: IConsent Agenda
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Public Hearing:
~
Number of Hard Copies attached:
-Review Approval: (S;gnature indicates approval,)
hid "k'llI ()<).1f)-2UO, (I'>'I(l.41 IGan~ Illulllhad. O<J-2<l-2(J(l'1 1:'5() I
("'-1,,11-: (j(\IH.l~;I\1 IO-()l).~(Jl/' Of) 'x rBdlllollll' IO-O.I-~fJfJ.' 1.~.21 II> I
~ Cleanvaterj.
c_~
City Commission
Agenda Cover Memorandum
pel
(;[1
Tracking Number: 218
Actual Date: 10/16/2003
Subject / Recommendation:
Approve extension of a contact to Automated Presort, Inc. in the amount of $390,000 (estimated)
from November 1, 2003 to October 31, 2004 for mail processing services and postage for the City
of Clearwater.
Summary:
- Automated Presort, Inc. was selected in 2002 as the least expensive and most responsive
vendor to RFP#38-02, for the outsourcing of mail processing services for the City of Clearwater.
- In the first year of the contract, the City of Clearwater has reduced its departmental mailing
costs by 19% ($23,935) by outsourcing mailing services.
- The contract signed in 2002 provides for continuation for a period of up to two additional years.
Automated Presort, Inc. has agreed to hold the contract prices as accepted in the original
agreement for a second contract year, effective beginning November 1, 2003.
- Automated Presort, Inc. will continue to pick up, weigh, meter, sort and deliver City of
Clearwater departmental outgoing mail to the United States Postal Service.
- Automated Presort, Inc. will continue to pick up, fold, insert, meter and sort utility mail to the
United States Postal Service.
- The $390,000 includes the following:
$40,000 for mail processing services provided to City departments
$120,000 for postage used by City departments
$230,000 for postage used by Customer Service for utility mail
- City staff from Public Communications and Customer Service have reviewed monthly reports
from Automated Presort, Inc. during the contract year and have been pleased with the level of
service provided.
- Funding is available in the 2003/2004 operating budget for this contract.
- A copy of the agreement Is available for review in the Office of Records & Legislative Services.
Originating:
Public Communications
User Department:
Section:
Consent Agenda
Category:
Agreements/Contracts - with cost
Financial Information:
~ Operating Expenditure
......, _. .. ~_.. . _._._......~________ ""_ ,,'T"_' ._.___~.._.______..__........~.__"........__.._~..__._....._.~_........~__'..__.. ......~_...~"'__... .......~... ._.."'*,.....~
Clearwater
Page 2 of 2
Agenda Cover Memorandum: Financial Information
_..~_.._.......__:,'.'_""..,s,.....,...,..!...,.... '1"_-.l"'~ol.......\...'~---"'C#f","...~','""""'.>.l'......_~..,.,....tl'U.l.ool......"."'tll~_,,_"""_.*'-l____~_ll~~.___"___"&_~"
Type: jUpcratlllg [XP"'IHhtlll<:
.:1
Bid Required?: I No
~
Bid Exceptions: IOther
~
Other Bid f Contract: IExtellsion of contract origilllllly bid ill 2002
In Current Year Budget?:lycs
~
Budget Adjustment: I No
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Current Year Cost: 1$310.000,00
Annual Operating Cost:
1$390.000.00
For Fiscal Year:
to I
Total Cost:
Not to Exceed:
Appropriations Code Amount
1555-UlI:-;72-5.J25110-5Ill-0110 ISI211.1100.00
Appropriations Comment
IPostage lor departlllelltaI outgoing mniJ
Ixxx-xxxxx-xxxxxx-xxx- ISolo.ooO.OO
1555-0988-1-5-12500-519-000 IS23o.o00.00
1I\lail processing l~es budgeted/paid by each dcp:lrtmcllt
Il'ostllge lor CustoJllcr Sc[\'icc (utiliucs) outg.oing,mail
- Review Approval:
II)",,~ \I,lllli..'\"; ilq.~~-':IHI ~ I) I'j
/1111;1 \\ ,1,,," il'J-':;;-2111J,; I.~ 10 ;.1
II ;1111;\ 111',,,,.,\.1 (lq-21-21"1~ I ~ .l.~ I
I('~lldl": (i'llldnlll IO-IJII-2003 ()'15";"
f!{tlllloll\..' I()-I\I-~\)(n I.; Ildl;
Untitled Document: FYIFoffi1_ viewO - Page 0
Page 1 of 2
~ Clearwater;
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Agenda Cover Memorandum
Page 1 of 1
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City Commission
Preferred Date:11 0-1 6-2003
Item 10: 99
Submtted: 107-09-2003
Actual Date: I
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Latest Possible Date: 111-06-2003
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Subject I Recommendation:
Accept a 13.1 square foot, more or less, perpetual Right-of-Way and Utilities Easement
granted by Marilyn T. Urban and Deborah L. Gillespie, conveyed for $1.00 and other
consideration across a portion of Lot 89, AMBLESIDE SUBDIVISION, SECOND ADDITION, as more
particularly described therein and authorize the appropriate officials to execute same.
~
Summary:
In the late 90's residents of Grandview Terrace and Ambleside subdivisions were concerned
with increasing vehicle traffic and pedestrian safety within their neighborhood.
..
Concerned neighbors worked with City Engineering staff to develop a traffic calming plan
designed to reduce vehicle speeds within the area and improve neighborhood esthetics.
The resulting plan included development of two roundabouts, three mini-circles, several
medians and speed tables, and replacement of a number of stormwater pipes and structures.
The subject Right-of-Way and Utilities Easement allows widening the turn radius at the
southeast corner of Casler Avenue and Palmetto Street, and is one of five such easements
obtained to facilitate construction of the roundabout and pedestrian improvements at that
intersection.
A copy of the easement documentation is available for review in the Office of Official
Reco~ds and Legislative Services.
...
Originating Department: IEngineering
Category: IAgreements/Contracts - without cost
..:J Section: Iconsent Agenda
...
...
Public Hearing:
r Review Approval: (Signature indicates approval.)
http://netfyi/NetFYI/Clients/c2946daf-fdbd-49ae-adOc-e368efaalf3f/FrmBDEl.htm
INo
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Number of Hard Copies attached:
11
10/6/2003
SCALE ,"-50'
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THIS IS NOT A SURVEY
.
an' or CLEARWATER. rLORIDA
PUBLIC WORkS ADMINISTRATION
ENGINEERING
WATER. SANITARY & UTILITY
. EASEMENT
GARY G. HALVERSON. INC.
- rr DSK/EA ... 7/28/03
_rr __
TLM ITEM 96 SKETCH
-.. N/A ... 1 OF 1
_IVI
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LOCATOR MAP
Palmetto St. & Casler Avenue Roundabout
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758.4748
Parcel No. 11-29-15-00903-000-0890
RIGHT OF WAY & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to them, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
Marilyn T. Urban and Deborah L Gillespie,
as joint tenants with right of survivorship
905 Casler Avenue, Clearwater, Fl. 33755
(herein, "Grantor") do hereby grant. bargain and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation, (herein. "Grantee"). its licensees, agents, successors and assigns. for
the use of the general public. easement for the purposes herein expressed over, under and across the
following described land lying and being situate in the City 0 Clearwater, County of Pinellas, State of
Florida, to wit:
A portion of the Lot 89, AMBLESIDE SUBDIVISION, SECOND ADDITION, as recorded
in Plat Book 64, Page 17, Public Records of Pine lias County, Florida, as more
particularly described and depicted in EXHIBIT "A" appended hereto.
This easement is granted for public right-of-way and public utility purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and to construct, install and maintain thereon and therein public roadway, sidewalk, curbing
and utility facilities and to inspect and alter such public roadway, sidewalk, curbing and utility facilities
from time to time.
Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee
simple title to the herein described easement premises, that Grantor has full right and lawful authority to
grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
It is expressly understood and agreed that Grantor reserves all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
Paqe 2 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0890
Grantor: Marilyn T. Urban & Deborah L. Gillespie
Grantee: City of Clearwater, Florida
The easement herein granted, and the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land, intended where appropriate to bind the
Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of
the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of
this Grant of Easement, as if said person, firm or entity were original parties hereto.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this
day of , 2003.
Signed, sealed and delivered
In the presence of:
WITNESS signature
Marilyn T. Urban
Print WITNESS Name
Deborah L. Gillespie
WITNESS signature
Print WITNESS Name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
2003 by Marilyn T. Urban who executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein set forth.
My Commission Expires:
Notary Public - State of North Florida
Type/Print Name
[ J Personally Known
[ ] Produced Identification
Type of Identification Produced
PaQe 3 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0890
Grantor: Marilyn T. Urban & Deborah L. Gillespie
Grantee: City of Clearwater, Florida
STATE OF FLORIDA:
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_ day of ,
2003 by Deborah L. Gillespie who acknowledged the execution thereof to be her free act and deed for
the use and purposes herein set forth.
My Commission Expires:
Notary Public - State of Florida
Type/Print Name
[ J Personally Known
[ J Produced Identification
Type of Identification Produced
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P O. Box 4748
Clearwater. FL 33758-4748
I Parcell. D. No. 11-29-15-00903-000-0890 I
I I
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
RE: Washington Mutual Bank Loan No. 8013059632
THE UNDERSIGNED MORTGAGEE, being the owner of a lien on or secured interest in the
following described premises:
AMBLESIDE 2ND ADDITION, Lot 89, as recorded in Plat Book 64, Page 17, Public
Records of Pine lias County, Florida,
said lien being evidenced by that certain mortgage dated September 25, 1998 given in favor of Crestar
Mortgage Corporation, a Virginia corporation, as recorded in Official Records Book 10250, Pages 707 - 715,
Public Records of Pinellas County, Florida. having been subsequently assigned and now being owned and
held by Washington Mutual Bank, N.A. ("Mortgagee"). Mortgagee does hereby consent to and joins in the
grant of that certain Right of Way and Utilities Easement dated May 17, 2003 given by Marilyn T. Urban and
Deborah L. Gillespie, joint tenants with right of survivorship ("Mortgagor") to the CITY OF CLEARWATER,
FLORIDA. a Florida Municipal Corporation ("City"). \0 encumber 13.1 square feet, more or less, of the
secured property. as more particularly described in EXHIBIT "A" appended hereto, said easement being
granted to facilitate construction and maintenance of intersection improvements in accordance with plans and
drawings of the City's Grandview Terrace Traffic Calming Project 99-0023-EN. Mortgagee does hereby
subordinate its lien and all of the right, title, interest and claim thereunto accruing in said premises to said
easement grant, together with facilities to be constructed and maintained therein.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this _ day
of , 2003.
Signed, sealed and delivered in the
presence of:
WASHINGTON MUTUAL BANK,
National Association
Witness Signature
Print name
By:
Print Name
Witness Signature
Print name
Title
.
ACKNOWLEDGMENT:
Easement Consent & Subordination
Washington Mutual Bank, National Association
RE: Parcel # 11-29-15-00903-000-0890
Pinellas County, Florida
Grantor: Marilyn T. Urban & Deborah L. Gillespie
Grantee: City of Clearwater, FI.
STATE OF FLORIDA
:ss
COUNTY OF DUVAL
BEFORE ME, the undersigned, personally appeared . as
of Washington Mutual Bank, National Association, whom, being
duly authorized, executed the foregoing instrument on behalf of said institution, and who acknowledged the
execution thereof to be h_ free act and deed for the use and purposes set forth therein.
(NOTARY SEAL)
Notary Public - State of Florida
Print name
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
"
Return to.
Earl Barrett
Engineering Department
City of Clearwater
P O. Box 4748
ClealWater. FI 33758-4748
I Parcel I. D No. 11-29-15-00903-000-0890 I
CONSENT TO EASEMENT & SUBORDINATION OF INTEREST
RE: Fleet National Bank Loan No. 7442 001 2045668
THE UNDERSIGNED MORTGAGEE, being the owner of a lien on or secured interest in the
following described premises:
AMBLESIDE 2ND ADDITION, Lot 89, as recorded in Plat Book 64, Page 17, Public
Records of Pinellas County, Florida,
said lien being evidenced by that certain mortgage dated May 7, 2001 given in favor of FLEET NATIONAL
BANK, a New York corporation, as recorded in Official Records Book 11473, Page 2215, Public Records of
Pinellas County, Florida, ("Mortgagee"). Mortgagee does hereby consent to and joins in the grant of that
certain Right of Way and Utilities Easement dated May 17, 2003 given by Marilyn T. Urban and Deborah L.
Gillespie, joint tenants with right of survivorship ("Mortgagor") to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("City"), to encumber 13.1 square feet, more or less, of the secured property,
as more particularly described in EXHIBIT "A" appended hereto. said easement being granted to facilitate
construction and maintenance of intersection improvements in accordance with plans and drawings of the
City's Grandview Terrace Traffic Calming Project 99-0023-EN. Mortgagee does hereby subordinate its lien
and all of the right. title, interest and claim thereunto accruing in said premises to said easement grant,
together with facilities to be constructed and maintained therein.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this _ day
of , 2003.
Signed. sealed and delivered in the
presence of:
FLEET NATIONAL BANK
Witness Signature
Print name
By:
Print Name
Witness Signature
Print name
Title
ACKNOWLEDGMENT:
Easement Consent & Subordination
Fleet National Bank
RE: Parcel # 11-29-15-00903-000-0890
Pinellas County, Florida
Grantor: Marilyn T. Urban & Deborah L. Gillespie
Grantee: City of Clearwater, FI.
STATE OF
:ss
COUNTY OF
BEFORE ME, the undersigned, personally appeared , as
of FLEET NATIONAL BANK, whom, being duly authorized,
executed the foregoing instrument on behalf of said institution, and who acknowledged the execution thereof
to be h_ free act and deed for the use and purposes set forth therein.
(NOTARY SEAL)
Notary Public - State of
Print name
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
.
SCALE "=50'
- - - - - - -- -
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THIS IS NOT A SURVEY
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
WATER, SANITARY & UTILITY
EASEMENT
GARY G. HALVERSON, INC.
--.. DSK/EA lOll 7/28/03
OCOlD rr ... IIIIIIC
TLM ITEM 96 SKETCH
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~ Clearwater
Agenda Cover Memorandum
PLO~
Page 1 of 1
d3
City Commission
Preferred Date:! I 0-16-1003
Item 10: 203
Submitted: 109-09-1003
Actual Date: I
~
Latest Possible Date: [11-06-2003
~
-Subject / Recommendation:
.:',-""-F~ -.:,..-t,>~~ ",::'-1-7- tJti::-~' Ea::::e::-,..;.r.t ()\'~~r ~nd ~=:r:s.s 1:1 :~:3.24 io\:..t I:'....-I::tion Gf t:-,E' ~
SC"_l':h"-.:I.3, 1/4 c;,f t:-,-7 Il(JP::-",:",,~.~ 1/4 '.,r Se<'t:.JI1 5, T'~'..;n:,h1p _J S;)uth, F.CiI1';e 16 East
('Oll'/';'f-=j bi Gra'::e 5apt1st. ':hurch of Clear',:'1,er, Int~. felr cHIc! in (:onsi:lt~rdtion 01 thE: stUll
n[ 51. ~0 and the appropriat.e officials be authcri=ed to execute same.
~
-Summary:
Public ;'Iorks ':::',dministration is developing ~,lans tr\ implement the ;'.lligator Creel: Force ..:::..I
l-Ia1n 6rld Gravit~. Se;:er Im!~r..::.vements - E'hase II ClF' in easte1T, Clec'L'\:"te!:.
Tho;, ! t': -i.,.':'t '.::11 "-:;,.-d>i1:;:, _, ;;.,.',: rrl_l~'>:t r'.:::,! ,~t,.,ti _I, ',:ltll111 .:l11'f St""':",,LS Pari: to delive1-
\.;.'lste\.:ater to the I1~;rthec1st ;':c1tet E::lluti,:r. i:ontr,~l Pl:,nt (n St.:lt~ Rocd S~O.
The w~stewater will b~ routed frolD the pump station to Union Street through a new 3D-inch
forCe main that will be constructed substantially within existing public right-of-way.
The proposed routing was broken along a 700 foot segment extending south from Sunset
Poillt !-',oad that aligns vii th Soule Road running north of Sunset Point Road.
C11 .Jul': ~, :::003 Huusharlg ::,h..::':.;,ee grantt~d th,:;, City edselOent f81' this project across a
portion of his p!:ope!:ty that lies within the southerly 450 feet of the 700 foot segment.
Th~ subject easement grant 0ver the northerly 253.:::4 feet of the 700 foot segment closes
tl~e gap and establishes authority to extend the proposed sanitary line all the way to
Union Street in accordance with project plans.
Utili=ing directional drilling technology, the force main will be installed approximaely
30 feet below an existing d!:ainage ditch that lies within the easement grant.
A copy of the easement is available for review in the Office of Official Records and
Legi:-lative Services.
Originating Department: I Engineering
Category: I Agreclllents/Contmcts - without cost
~ Section: IConsent Agenda
..:J
~
~
Public Hearing:
INo
~
Number of Hard Copies attached:
It
-Review Approval: (Signature indicates approval.)
1\11..11;1.,1 <'\\lIt-'ll \)<.I-IO-:'\)(}.~ \0 .':' 4
1;1111<1 111:....''':;\,1 (JlI-::!:'-:'t103 10 5X I
ICYlllll~' UOlld~all 11I-Oh-2003 (}9:5l)
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LOCATION MAP
ITEM 203
EASEMENT SITE
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09/09/03
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ITEM 203 LOCATE
HI'
1 or 1
D. KING
25' SANITARY EASEMENT
2787 SUNSET POINT ROAD
DCc-rD If
E. Borrell
PlIOCD .,
N A
CITY or CLEARWATER, rLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
25' SANITARY EASEMENT
2787 SUNSET POINT ROAD
D. KING
OCc:.1D '1'
E. Borrett
..-oor N/A
"'PRO\{!) By:
09 09 03
.... ""
ITEM 203 SKETCH
....,
1 OF 1
eft".. IT OATt
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Return to
Ear1 Barrell
Englneenng Administration
City of Clearwater
P O. Box 4748
Clear-...ater. Fl. 33758-4748
Parcel No, 05-29-16-00000-240-1000
SANITARY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt of which is hereby acknowledged. and the benefits to be derived therefrom.
GRACE BAPTIST CHURCH OF CLEARWATER, INC.,
a Florida nonprofit corporation
2787 Sunset Point Road, Clearwater, FI. 33759 - 1508
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA ("Grantee"), an
easement over, under and across the following described land, lying and being situate in the County of
Pinellas, State of Florida, to-wit:
DESCRIPTION: A SanitalV Easement to encumber the easterly twenty-five teet (25')
of the following described parcel of land lying and being situate in the SE Y4 OF THE
NW % of Section 5, Township 29 South, Range 16 East. Pinellas County, Florida (the
''easement area":
Begin at the SE comer of said SE Y4 ot the NW Y4 of Section 5, Township 29 South,
Range 16 East; thence run \/Vest 639.59 feet to the southeasterly right-ot-way line ot
County Road 50-A (South Drive); thence northeasterly along said right-ot-way line,
539.16 feet to the south right-ot-way line ot County Road 50 (Sunset Point Road);
thence east along said right-ot-way line, 167.06 teet; thence south, 253.24 feet to the
point of beginning.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises to construct and install a subterranean sanitary force main utilizing directional drilling
technology, and to maintain, inspect and alter said force main from time to time.
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to the
premises in which the above-described Easement Area is located; (b) that Grantor has full right and
lawful authority to grant and convey this easement to Grantee and that Grantee shall have quiet and
peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and
conditions herein contained shall run with the land, and shall inure and extend to, and be obligatory
upon, the successors and assigns of the respective parties hereto.
Page 2 - Sanitary Easement
Grantor: Grace Baptist Church of Clearwater, Inc.
.
Grantee: City of Clearwater
IN WITNESS WHEREOF, the Grantor has caused this easement to be duly executed by its
proper officers thereunto authorized and its seal to be hereunto affixed, this day of
,2003.
Signed, sealed and delivered
in the presence of:
GRACE BAPTIST CHURCH
OF CLEARWATER, INC.
By:
Rev. Kenneth Jankowski, President
WITNESS
Witness' Printed Signature
Attest:
WITNESS
Print Name
Title
Witness' Printed Signature
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Kenneth Jankowski, as President of
Grace Baptist Church of Clearwater, Inc., a Florida nonprofit corporation, who executed the foregoing
instrument and acknowledged before me that he is duly authorized and did execute the same on behalf
of said corporation as his free act and deed for the uses and purposes herein set forth.
My Commission Expires:
Signature of person taking acknowledgment
Type/print/stamp name of acknowledger
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
(lG3
: Clearwater
-" - - -.
Agenda Cover Memorandum
Page 1012 d Lf
-..r_~_____.44fII."'"
City Commission
Preferred Dale:! I 0-1 lJ-::!003
Item 10: 214
Submitted: 109-17-2003
Actual Date: I
~
Latest Possible Dale: 110-16-2003
~
~ Subject I Recommendation:
: .,,;:
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.'
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-Summary:
Th-:- ',:(;~.~: prq:'USe.J il'l thi::: <:'~)r.ll'ct,~.t irl\:ludes llpgradinq the deteriorated and llndersi::ed ..:::.I
:"t;,rrrl ~:r-.e s'/ste:ns :'11:. ::..:u~ ,~i l:-.::",tions in the !lorth '~:e.'lnlater E"':ach residential
I.':'::;:I'I.::;:-~: ::I'.t'._':::.:- 1.':'.:,ti .11".' ':Ire the r'ipe sj'sto::n,s tl1,',,:: :utfall :roto the intrilcoclstal
":':lt~t'.<,-~'.: ,::t S<~tn-:-::~-:-t, '.'''':;, ':t::'~b-=-l"l.:., (:tLd i:;dft:iellia.
':'!'jt-' L',: r;:
b..:- r'~~:,~I~:rn"'::<t '.:i::
Includ~:0nstructi~n of ductIle ir0~ outfall
the stormwater collection s~stem.
r'ipes and
reinfcrced concrete plpes for
The w0rk will als~ incluje replacement of curb and gutter, inlets and seawall cap at City
own~d street ends.
This l:,roject '.-Jill commE-nce aft.o-r a\:ael and e:':ecution of th"" contract and \.:':"11 be
.:'OtllP 1 e t ed HI l51) .:: ,d enc!;:H dCI]' s .
Pud9"=t ard I:E-':em:"" :r. tho:: .~l:n':unt-": $~';.':',7(.S,.JC\ -'.-- ,)':ai:3::'1", ~n ::he ~!9 Stc.rrr...,'ater
r....:...jl...... ... ..: .n.-... ~ .. L ...: t.1....r- :-t:J-~'t:l~;:" II. f:.~:.ct'h tleighl>:~Lo(Jd [tr:."in3ge. A
fIrst qu~r:er bud~o::t amenjment will transfer $117,018.00 oi revenue and budget tor 99
Stul"~jt~r Re~enue Send pr~ceeds frum 375-9614~, Myrtle Avenue Drainage Improvements. To
r~lffiturse the Myrtle Avenue project another first quarter amendment will transfer budget
Cll1~ of Sl17,0~8.00 froffi savings in the O~ Stormwater Bond Construction Fund project 377-
~'t.l::::5, TOI:n Lal:t.", tc 371-~!614=, 1'ljrtle ;'.venue Drainage Improvements.
A copy of the contract is available for review in the Official Records and Legislative
Services (lifiet?',
Originating Department: IEngineering .!.I Section: IConsent Agenda
Category: IConstruction Contracts - Public Works Orig.il\lltillg
..:J
.=J
.=l
Public HeLlring:
INo
~
Number of Hard Copies attached:
12
- Review Approval: (Signature indicates approval.)
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~ Clearwater
Page 2 of 2
'.' ~ .~~: " :-,,:,-:."-- :.>_..:~~_..
Agenda Cover Memorandum: Financial Information
......~ OA~" . ." .., .... __,. _'" ~~.~....,...........__..,k"..__,._'''''.._.......___\__~.. h _......'~'ti ____
Type: I Ca pita I E:...:p.: ndltur.: ..::J
Bid Required?: 1'1'':5 ~ Bid Number: I
In Current Year Budget?: I
- Budget Adjustment Comments:
~
Budget Adjustment: IYes
..::J
I -.-.-
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~
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Current Year Cost: I
For Fiscal Year: I
Not to Exceed: I
Annual Operating Cost:
to I
Total Cost:
Appropriations Code
l:ns-9b 143-563700-S39-000
Amount
Appropriations Comment
IS5S6.S7Cl.40
-Review Approval:
1\11-'11;".'1.)11111-'1\ ()l)-I-;-~O\l~ I:' nq ~
II Il'''I;,'': \kt-..lhbl:1l /Jl)-2>::no:~ 11 .'
11'111:1 \\ 11-;(111 n()-~2-2()(I, I:; 27.1(,
IHlyan Rllff ()l)-2()-2oo3 15:3:' 0:'
ICialT) BllllnbaL'k (l')-2l)-2003 15.pl:
pc(~y
Clearwater
Agenda Cover Memorandum
Page 1 of 1
-~
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City Commission
Preferred Date:! I 0-16-2003
Item 10: 216
Submitted: 109-18-2003
Actual Date: I
~
Latest Possible Date: 111-00-2003
~
- Subject / Recommendation:
;",~'~'l,.','t:" .; cvntL;ct ;'.'l.th Georo;Je P.. and Thet'esa C. ::c..:"l; to sell sllrplus property described ~
~s t~~ ~est 3GG.7~ f00t portion of the SO-foot former railroad easement abutting the
Se'llti: !_t"'F",,"rt~. line .cf Lot 10.., ':'LE.:'.R\'i.:'.TEF. IIIDUSTF.rr.L FARK, for :;;4(',(,00, subject to terms
and c:njitions c~ntainerl th~rein and auth,'ri=~ the ~Frrorri~te of~::ials to execute Sdme.
~
-Summary:
The :3Clb:;ect property \.:as part of a former 50-foot ...:ide Railroad Easement the City
dedicated in its 1957 platting of CLE~RWATER INDUSTRIAL PARK SUBDIVISION.
~
TII'" 5U!:j-:-Ct p(,~.ti.)n vf th.:.- fl.,t"rner railroad easement ;.Ias ,,'acated earlier this yeat. UpOI'.
adoption of Ordinance Number '140-03.
'-'II .::".:::u:cT: 21, 2('('; the ,",'Illllti.':;sion .:Jeclared the pat'eel SUl'Flus for the purpose of offering
it fer 531e for the rnininimum bid amount of $40,000 as established by appraisal March 12,
::'003.
On September 1:::, 2003, Hr. and l-1rs. NO\'la}: submi tted the only sealed bid responding to and
meeting the requirements of Invitation for Bid 37-03.
.:'.rll:'nc: i 1:S other pro\'isions, the subject purchase contract is an all-cash purchase Hith no
closino;J costs to the City, requiring closing within 30 days following execution by City
offlC:''ils.
S~l~ ~rcceeds ~ill a:crue ill the City's General Fund.
A cOP7 of the purchase contract is available for reVlew in the Office of Official Records
and Legislative Services.
Originating Department: IEngineering
Category: IAgreements/Contracts - without cost
~ Section: IConsent Agenda
.=.J
~
~
Public Hearing:
INo
~
Number of Hard Copies attached:
II
- Review Approval: (Signature indicates approval.)
\h~'ha'" l,hlllh.'1l t)<I-1 </.200:: f/(I .11\ -I
II ; 1111.1 I 1111' \ \ ~ kill') - ~ 2 . :; 1111; I () .1-1 ..
It'Ylhrl~' (i\)\Id~all IIJ-llh-20iJ3 1000
f< jl\n~ 1\1l1l11hild, ()<l-2lJ.2()(13 1:'i5 7
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Location Map
Cin' o[CJeanv,1tcr / Hercules Industd1J Ruk
1555 Sunshine Dril'c
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CITY OF' CLEARWATER, F'LORIDA
PUBLIC WORKS AOWINISTRATlON
ENGINEERING
~K~ Clt, of 0-1../ .......... InGlIIrtaI Porto VAC~OI
_.. VACA liON REQUEST ...
S.D, Lot 15 t OF ·
.... .,.-
5/01/03 Cleorwoter Indultrlol Pork 12-2h-t5e
2711 PB .4 Pg 46 7140-03
Jl.R : JS
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CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA a Municipal Corporation 01 the State of Florida (herein
"Seller" or "City"), P. O. Box 4748. Clearwater, Florida 33758-4748, and George R. and Theresa C. Nowak,
husband and wife. 1555 Sunshine Dnve. Clearwater. FI. 33765 (herein "Buyer"), (collectively "Parties"), hereby
agree that the Seller shall sell and Buyer shall bu)' the following real property ("Real Property") and personal
property, if any ("Personalty") (colleCtIvely "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday, Sunday, or
national legal holidays and any time period ending on a Saturday, Sunday or national
legal holiday shall be extended until 5:00 P.M. of the next business day.
1. PROPERTY DESCRIPTION
lEGAL DESCRIPTION: The West 399.78 feet of that certain Railroad Easement lying south of LOT
15, CLEARWATER INDUSTRIAL PARK, according to the plat thereof as
recorded in Plat Book 44, Page 46, of the Public Records of Pinellas County,
Florida, said parcel being the same vacated by City of Clearwater Ordinance
No. 7140-03. and being sub;ect to reservation of a 10.foot water easement
over and across the north ten feet thereof.
Containing 19,989 square feet, more or less.
STREET ADDRESS: Non-addressed lot lying south of 1555 Sunshine Dr., Clearwater, Fl. 33765
PERSONAlTY: None to be conveyed
2. FULL PURCHASE PRICE ........................................ ......... ......... ......... ......... ...... $ 40,000.00
3. MANNER OF PAYMENT
. Earnest Money Deposit(s) due upon acceptance to be held by.................................$ N/A
Balance to be paid at closing in U.S. funds. cash, certified or
Cashier's check, subject to adjustments and prorations..........................................$40,000.00
4. TIME FOR ACCEPTANCE
Following execution of this contrad by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission. it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. TITLE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Title shall be free of liens and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions
and public utility easements of record: and (other matters which title will be subject): No Others.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and Within at least -12- days prior to closing date obtain a title insurance
. commitment issued by a Florida licensed title insurer agreeing to issue its title insurance policy subject only to
liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged
by Seller at or before closing. SeBer shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If tide is found defective, Buyer shall, within 3 days thereafter, notify Seller in
1
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
7. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation the same shall constitute a litle defect
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 30 dayS followinQ Effective Date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to ~days without effect
upon any other term, covenant or condition contained in this contract
9. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit. assignments of leases, tenant estoppelletlers,
and corrective Instruments as applicable to this transaction. Buyer shall furnish closing statement
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous ~'ear shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 7 above.
14. SEllER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property,
15. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect. all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand. be returned to Buyer and
2
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is",
waIving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranltes contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627 7841, F.S. (1987), as amended.
16. DEFAULT
It Buyer tails to close within the lime speCified (including payment of all deposit(s)), the deposit(s) paid by
Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the
execution of thiS contract and in full settlement of any claims: whereupon, Buyer and Seller shall be relieved of all
obligations under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after
diligent effort, Seller fails, neglects or refuses to perform this contract. the Buyer may seek specific performance
or elect to receive the return of Buyer deposlt(s) without thereby waiving any action for damages resulting from
Seller'S breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to
perform any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS Radon is a naturally occurring radioactive gas that. when it has accumulated in a
bUilding In suffiCient quantities, may present health risks to persons who are exposed to it over
lime. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county publiC health unit.
18. CONTRACT NOT RECORDABlE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any publiC records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given If and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact. the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABIUTY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural.
This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if
assignment is permitted).
21. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage.
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVAUDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid. the parties agree that the remaining
proviSions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
3
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
26. COUNTERPARTS: FACSIMILE COPY
This contract may be executed In two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract. including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
28. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises. representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing. acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A lEGAllY BINDING CONTRACT. IF NOT FUllY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAl FOR LEGAl, TAX, ENVIRONMENTAl
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
.2003
Buyer
George R. Nowak
Buyer
Theresa C. Nowak
APPROVED AND ACCEPTED THIS _ day of
,2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst. Mayor-Commissioner
By:
William B. Home. II, City Manager
Approved as to fonn:
ATTEST:
Laura lipowski. Assistant City Attorney
Cynthia E. Goudeau. City Clerk
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Loca tion Map
(,J't)' of Clearwater / fIercules Industrial Park
1555 Sunslune Drive
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SHARKE'r
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
..... "
S.K.
City of CI.orwOI"/ Hon:ulll 1."'.lrlol Park v"~oo";-oe
VACATION REQUEST ~
Lot 15 1 OT 6
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Clearwater Industrial Pork 12-29.-15.
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City Commission
Agenda Cover Memorandum
11. ,c..
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Tracklng-.N.~lJllbcr; 219
Actual Date: 10/16/2003
Subiect /Et.QJnmcnd{lllotl:
Approve a contract wIth Bullorno. Herbert and Company, Inc. for design of the Cleveland Street
and Station Square Pnrk !itruulScilpe, In the amount of $371,828.61 and authorize the appropriate
officials to execute ~ilIlllO,
Summary;
In April 2002 the Clulllwnlur Comlllunlly Redevelopment Agency (CRA) released a Request for
Qualifications for Urbnll DU!iIU", Slrectscape and Wayflnding Services.
In May 2003 a seloctlon conHllllltlll consisting of representatives from City Management,
Economic Devclopmu/ll, PIt1IHllllg, nnd Public Works selected Bellomo-Herbert as the preferred
consultant.
In August 2002 the City conlrnctud with Bellomo-Herbert to prepare the conceptual wayfinding
and downtown strcCl!iCLlI>U pll1lH.,
The CRA approved the COllcuplllnl !itruelscape plans In January 2003.
This contract includos complete dUlil()n, permitting, and construction plans for all streetscape and
road work on Cleveland Slroot from Osceola Avenue to Myrtle Avenue, plus Station Square Park.
Streetscape features Include: decoratlvQ sidewalks; Intersection treatments; medians; landscape
and hardscape.
The project also Includes upgrade and replacement of stormwater collection and water distribution
systems on Cleveland Street.
Design will begin upon contract approval and be complete within nine months.
Resolution 02-50 was passed on November 21, 2002, establishing the City's intent to reimburse
certain project costs Incurred with future tax-exempt financing. The projects identified with 2004
revenue bonds as a funding source were Included In the project list associated with Resolution
02-50.
Sufficient budget and funding are available In the Capital Improvement Program (CIP) project
Downtown Streetscape, 315-92269, for the streetscape portion; CIP project Storm Pipe System
Improvements, 375-96124, for the stormwater portion; and CIP project Water System R&R
Capitalized, 356-96741 for the water portion.
A copy of the contract is available for review in the Office of Official Records and Legislative
Services.
Oriainating:
Engineering
User Department:
Section:
Consent Agenda
~ Clearwater
Page 2 of 2
Agenda Cover Memorandum: Financial Information
~''''''''''~<''''''_''''''''''''''.-I~"-"_""",.""~~"",,,,,'>;.^,,....;.,t-----...~_4........_-,~_,_______~. - --."., M'~_~
Type: ICapltal EXP~'lIditlln: ..:J
Bid Required?: I ~
In Current Year Budget?:I'a\~s
~
Budget Adjustment: I No
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Current Year Cost:
Annual Operating Cost:
For Fiscal Year:
to I
Total Cost:
Not to Exceed'
Appropriations Code
13 1 5-9:!:!69-56 1 :!OO-5.PJ-O()()
1375-961 :!.l.% 1200-539.000
Amount
Appropriations Comment
1('"'''' I"" 7'
-l'.'.' .'. .'.'. )
IStrcctscapc
1$12.-163.72
Is tOrln \Va te r
135t,.9<>7.11-5td 300-53:1-000
1$2(1.231.1-1
I\\'a te r
- Review Approval:
IRl'~III;t1d (1\\\'1" (JI).~ ;.:01"; II lit).
1\11"11;1\'1 (.lulllc-II f1'1-:~ ;'.'flll: Ie.:: I I
1IIIIa \\ 11~(,ft O()-.:~(,-.::()():~ I:. 35 1).1
1111\;111 Rutf 111.01.'::011 i ox II :i'1
It iall~ BlIIlIlba..:1. I ll.ll 1-2uo; l'i ()h:
~' 2<0
vv', Pv)'5
Sel'~ of S"rvlCcs
Ikllon1.l \Icr\>cn And C0ll1P311\' Ine
I. SCOPE OF THE \VORK
Bellomo-Herbert & Company, Inc. (hercinafter refcrred to as thc LANDSCAPE
ARCHITECT, shall provide the following Scopc of Work to the City of Clearwater
(hereinafter referred to as the CITY), which shall include the completion of Survey,
Geotechnical Engincering, Design Developmcnt Documents. Construction Documents,
Bidding Phase scrvices and Construction Observation services for the Cleveland Street
Streetscape from Osccola A vcnuc to Myrtle A vcnuc, inclusive of both intersections and
for Station Square Park within the City or Clcarwall'" Redcvdopment Area. All plans and
dcsign dOl:umcnls arc 10 be prcparcd with Slandard English vuluc$ in aCl:ordancc with all
applicable City. State, and Florida Dcpartmcnt of Transportation (FOOT) manuals and
guidelincs. The LANDSCAPE ARCHITECT'S services shall include the following tasks:
A. DESIGN/RIGHTOFWAY SURVEY
Topographical Survey: Full topographical survey of all roadway scgments,
including utilities, signagc, building faccs. landscape features, drainage inlets/pipe
size and matcrial. inverts. etc, Survey will bc performcd to thc right of way plus
25' or building face (whichevcr is closcr) Intersecting strect ccnterline and
flowline gradcs shall extend 100' past R/\V. to ensure proper tic-in information is
obtained. All existing canopy trees indicated to remain on the previously
completed streetscape concept plans shall have their drip lines indicated.
CONTROL
Horizontal and Vertical
All survcys and engincering plans shall be rcferenced to the North American
Datulll of 1983/90 (horizontal) and the North American Vertical Datum of 1988.
The unit of mcasurcment shall bc the Unitcd Statcs Foot. Any deviation or use of
an)' othcr datum, (horizontal and or vertical), must be approved by the City of
Clearwatcr Enginccring Department.
DTM Survey: Full DTM on the cntire roadway segments; including building FF
elevations at all entryways abutting the project roadways.
Bench Marks: Project Bcnch Marks and Horizontal Control shall be set
approximately at 1,000 feet intervals along each project.
Right of way: Surveyor will establish existing right of way
B. GEOTECHNICAL ENGINEERING
Geotechnical exploration is planned to contain the following, in preparation of the
design of pavements, traffic signal mast arms and decorative towers:
a;l Stake boring locations at the site.
0) Notify Sunshine One-Call for utility clearances.
a;l Provide Florida Highway Patrol troopers for traffic control.
a;l Mobilize truck-mounted rotary drilling equipment to the site.
\'.Igc No 1
Clcl'chll1d Strect & Slnlion SQuare Purk
08112103
~,n~ of Ser\ lees
Bellomo Iler\>en And Com pan\'. Inc
G)
Perform 5 Standard Penetration Test (SPT) borings to a depth of 30 feet at
thc location of proposed mast arms.
Perform approximately 20 pavement cores and augcr borings to a depth of
5 fect within proposed new brick parcr and asphalt pavement areas.
Perlonn visual classification or thc soi I samples obtaincd from the SPT
and auger borings.
Perlorm limited laboratory classiticution tests on selected soil samples.
Perform 12 laboratory California Bearing Ratio (CBR) tests on
representative subgrade soils.
Analyze the field and laboratory data to develop geotechnical engineering
parameters for use by others to design the mast arm foundations.
G)
G)
G)
G)
G)
The exploration will be supervised by a Geotechnical Engincer registered in the
Statc of Florida. The rcsults of the cxploration will be presented in a geotechnical
engineering report signcd and sealed bc a P .E, This report will specifically offer
recommendations on the following items:
Q) Existing site conditions.
Q) Exploration, testing, and sampling methods.
Q) Subsurface soil conditions encountercd and soil classifications.
Q) Dcpth to groundwatcr at the time of the exploration and estimated
scasonul high groundwater levels.
Q) Estimated valucs or soil dcsign parameters lor mast arms.
Q) A discussion of gcneral sitc preparation techniques and fill compaction.
Q) General pavement recommendations.
c. PROJECT DESIGN ANALYSIS
1'.II:e No ~
1.0 Design Analysis Field Reviews: The LANDSCAPE ARCHITECT will
perform two field reviews of the projcct will be provided, as follows:
1.0.1 Pcrform design survey field veri fication,
1.0.2 Review project with City of Clearwater staff during the design
process to ensure all dcsign clements are incorporated and identify
design issues or conflicts which must be addressed prior to
commencement and completion of plans.
2.0 Railroad Coordination: The LANDSCAPE ARCHITECT will coordinate
with the CSX Railroad as needed to cnsure construction activities
including traftic control ncar the railroad right of way arc clearly dcfincd
and understood by all parties.
3.0 Design Analysis Progress Meetings: The LANDSCAPE ARCHITECT
will perform two additional kick-off/coordination mcctings for the project
as follows:
3.0.1 Coordination mecting with FOOT District 7
Ck\'cland Stn:cl & Station Suuarc I'mK
0NI12103
Sc,'pe OfSl'f' Ices Bellomo Ilerl>ert And COl11panv Inc
3,0,2 Coordination with utility suppliers
D. DESIGN COMPONENTS
1.0 Roudway Design
1.0.. Roadway Plans:
1.0.1.1 Typical Sections and Notes: The LANDSCAPE
ARCHITECT will prepare a typical section for the
projcct which will depict typical construction activities
such as construction of curb median and sidewalk, limits
of right of way, limits of milling and resurfacing etc.
Notes will be provided as needed to direct thc contractor
in rcgard to any special needs relating to typical section
clements.
1.0.1.2 Summary of Quantities: Quantities associated with all
design elements will be displayed in a summary of
quantities box.
1.0.1.3 Plan Sheets: Plan and profile sheets will be provided for
the entire project length. Profile shall show all
underground utilities. Due to construction of proposed
bulb-out areas, gutter protiles will be necessary in order
to ensure positive drainage flow in the final condition.
1.0.1.4 Miscellaneous Construction details: Construction dctails
depicting milling and rcsurfacing operations and survey
reference information will be included.
1.0.1.5 Cross Sections: Cross scctions will be evaluated to
confirm existing pavement cross slope meets applicable
standards and for utility conflicts. Cross sections will be
included in the construction plans. Assume two cross
sections per intersection and every 50 feet along the
centerline of Cleveland Street.
2.0 Dr-linage
2.0.1 Design Analysis:
2.0.1.1 Design of Storm Sewers: The LANDSCAPE ARCHITECT
will provide hydraulic analysis of approximately 15
existing structures that are failing and will require
replacement. Also includes pavement spread analysis in thc
associated areas. The analysis shall include drainage maps
and Storm Tab calculations to meet the City's Stormwater
criteria.
1.'~3
CIc,'e1nnd Street 8:. Station Sauare Park
08/12103
Scope of ~er\'lees
Belloll1o I "'rl>en And Company, IlIe
2.0.1,2 Design of Special Drainage System: The LANDSCAPE
ARCHITECT will provide hydraulic analysis of
upproximutely 27 new structures that will be necessary as
part 0 f the bul b-out construction (inc ludes both roadway
inlets and roof drain tic-in structures). Also includes
pavement spread analysis in the associated arcas.
2.0.1.3 Drainage Design Report: The LANDSCAPE ARCHITECT
will provide a drainage design report which will document
all drainage analyses and coordination necessary for the
project.
2.0.2 Dminagc Plans:
2.0.2.1 Drainage Structures: The LANDSCAPE ARCHITECT will
provide proposed drainage structurc drawings which will depict proposcd
structurcs in cross sectional view as well as nearby utilities, foundations
and other known existing and proposed subterranean elements.
Approximately 42 structures are estimated for this project.
2.0.2,2 Summary of Drainage Structures: Proposed drainage
structures will be tabulated in a summary table in the
construction plans.
2.0.2.3 Erosion Control Detail Sheet: Detail depicting erosion
control measures proposed for the project during
construction will bc provided in the construction plans.
2.0.2.4 Special Drainage: Special structure details necessary for
cxisting structure tic-in and/or utility conflict box will be
provided.
2.0.2.5 SWPPP: A stormwater pollution prevention plan will bc
prcpared for this project and will be provided in the
construction plans.
2.0.2.6 Site Grading: A site grading plan will be provided for the
Station Square Park Area.
3.0 Tmffic Control Phms:
3.0.1 Traffic Control Plan Design Analysis: The LANDSCAPE
ARCHITECT will evaluate the local traffic patterns and proposed
construction activities (including performance of a lane closure
analysis) to identify the traffic control approach during
construction.
r.u:,c No -l
Clcveland Strect & Slntll)n Souarc: Park
08/12/03
S":ol1L' of Sef\ I":<:S
Bellol11o Ikrhen And COIl1Jmnv.lnc.
3.0.2 Typical Sections: The LANDSCAPE ARCHITECT will provide
traffic control typical sections for each phase of construction as
well as phasing and general notes.
3.0.3 Typical Details: The LANDSCAPE ARCHITECT will provide
details in areas where typical sections do not apply and do not
provide the contractor sufficient information to complete the
construction activities, Specifically, work in the vicinity of the
Seaboard Coastline Rail Road is anticipated to rcquire additional
detailing. Other areas may also require more specific details and
will also be included,
4.0 Utility DesignlPennits:
4,0.1 Design of Water Distribution System: Thc eXlstmg (two lines)
watcr distribution system will bc replaced with one single line (all
supply lines will also be replaced from meter to mainline). The
design analysis will include reviewing all subsurface utilities and
providing a layout that accommodates the new gravity se\ver lines,
the new roadway storm sewer system, the new on-street lighting,
the new traffic signal mast arms, and all other existing utilities not
being replaced or re-located. The design will include placement of
water meters, valves, valve boxes, backflow prevention devices,
and other city required appurtenances in accordance with City
Standards. A 314" watcr servicc line and a 1" tap / lawn meter for
irrigation for Station Square Park will also be designed. Utility
manholes will be adjusted as needed to accommodate new
pavement elevations.
4.0.2 Design of gravity sanitary collection system: The existing gravity
collection system will remain in place. Utility manholes will be
adjusted as needed to accommodate new pavement elevations.
4.0.3 Utility Details: Utility Details will be included where necessary
such as crossing details, trenching details, backfilling details,
special connection details, etc to ensurc proper municipal
construction standards.
4.0.4 FDEP Design Criteria Design and Specifications: The
LANDSCAPE ARCHITECT will design and provide construction
specifications for the water distribution and gravity sanitary
collection systems in accordance with the City and FDEP design
standards and specifications.
4.0.5 FDEP Permits: The LANDSCAPE ARCHITECT will submit the
permit packages for the water distribution system and the gravity
sanitary collection system. The LANDSCAPE ARCHITECT will
~N(lS
Clcvcland Street &: Station Sauarc Pnrk
08/12/03
Senpe of Ser\ lee~
Bclloll1ollerben And COlnl'an\', Inc
coordinate the FDEP permit submittal, secure the appropriate City
signatures, and respond to comments by FOEI'.
4,0,6 FDEP Permit Clearances: The LANDSCAPE ARCHITECT will
provide clearances for FDEP permits on a time and material basis.
4.0,7 Railroad Permit/Coordination: The LANDSCAPE ARCHITECT
will coordinate with the CSX railroad to obtain all permits
necessary to construct the waterline under the existing rail.
4.0.8 Construction Plans (Plan and Profile View): The construction
documents will contain both plan and profile view of the proposed
water and wastewater facilities. The plan view will contain all of
the proposed appurtenances while the profile view will depict pipe
inverts, sizes, slopes and structure locations.
4.0.9 Details: Drainage conflict structure details will be provided as
necessary.
4.0.10 Utility Design Field Reviews: An initial utility design field review
will be necessary to confirm all existing connection locations, City
appurtenances, and miscellaneous features to compare with the
surveyed information and City as-built plans for accuracy. A
second design field review after completion of the Design
Development plans will confirm the constructability of the utility
systems and minimize conflicts from occurring at the construction
phase.
4.0.11 Utility Design Progress Meetings: A utility design progress
meeting will held with City staff to review the proposed utility
improvements, perform a comparative analysis to existing system,
address future needs, and check for conformance to City standards.
An additional Design meeting will be held with the City
Engineering staff, the City Maintenance staff, the Fire Marshal,
and other City departments after the design layout is complete, to
review constructability, usage, and maintenance, address future
needs, and to review the construction cost estimate.
4.1 Utility/Railmads (Utility Coonlination):
4.1.1 General: The LANDSCAPE ARCHITECT will be
responsible for Utility Clearance Certification. The
LANDSCAPE ARCHITECT shall identify all utilities
within the project limits and coordinate with utility
companies to resolve conflicts.
4.1.2 Initial Contact: The LANDSCAPE ARCHITECT will
establish names of utility owners in the corridor and
Page No (,
Clc\'c1and Strcet & Station Suuare I'urk
08/12103
~~..l~ l)f Sl"r\ II..~~'\
Bellomo Ikr\><:rt And Companv Ine
associated contact personnel. The LANDSCAPE
ARCHITECT will make initial contact (eithcr by phone
or direct mail) with utility owners to inform them of the
ongoing design effort and thc potential affect on their
utility.
4.1.3 Prepare Utility Adjustment Shcets: The LANDSCAPE
ARCHITECT will prepare utility adjustment sheets
showing all utilities and their existing and proposed
location.
4.1.4 Coordination with Utility Companies: The -
LANDSCAPE ARCHITECT will transmit plan sets to
utilities at various phases of design (TBD) so as to obtain
information directly from the utility owners as to the
location of their facilities. Utility owners will mark their
facilities on the plan sets provided and return to The
LANDSCAPE ARCHITECT for inclusion in the
construction plans. A pre-design meeting wiII be held
with the utility owners to revicw the project and assess
impacts to utilities. As a result of the information
obtained at the pre-design meeting The LANDSCAPE
ARCHITECT will attempt to identify potential problems
and adjust project design if possible to reduce or
eliminate impacts. An additional meeting will be held
jointly with all utilitics (if necessary) or individually in
order to finalize any rcmaining issues.
4.1.5 Railroad Coordination: The LANDSCAPE ARCHITECT
will coordinate with the CSX railroad in order to obtain
written agreements to allow for construction within the
railroad right of way.
5.0 Signing and Pavement Marking:
5.0.1 General Notes: The LANDSCAPE ARCHITECT will provide
signing and pavement marking general notes in the construction
plans
5.0.2 Block Quantities: The LANDSCAPE ARCHITECT will provide
signing and marking tabulation in the construction plans. The
tabulation will specify each paint item required and the associated
quantity.
5.0.3 Plan Sheets: The LANDSCAPE ARCHITECT will provide
signing and pavement marking plan sheets for the length of the
project.
Palle No 7
Cle\'cland Street & Station Sauare Park
08/12103
Senpe of Ser\ I~es
l'''I!~N(l Ii
Bellomoll~rbcn And COin!)""\', Inc
5.0.4 Guide Sign Worksheet: The LANDSCAPE ARCHITECT will
provide guide sign (non-standard sign) design for the project.
There an estimated six such signs within the project corridor.
5.0.5 Signing and Pavement Marking Ficld Review: The LANDSCAPE
ARCHITECT will perform one field review to evaluate the
existing marking and perform a sign inventory. The sign inventory
will include tabulation of all existing signs including sign type,
location and installation date.
6.0 Signalization:
6.0.1 Tabulation of Quantities: The LANDSCAPE ARCHITECT will
provide signalization tabulation in the construction plans. 'The
tabulation will specify each signal item required and the associated
quantity.
6.0.2 General Notes: The LANDSCAPE ARCHITECT will provide
signalization general notes in the construction plans.
6.0.3 Signalization Detail (Plan): The LANDSCAPE ARCHITECT will
provide a signalization plan for four intersections for which
existing signals are to be replaced with proposed decorative
signals. The intersections arc: N. Osceola Avenue, N. Garden
A venue, N. East A venuc and Myrtle A vcnuc. All associated
structural analyses will be performed by the signal manufacturer.
6.0.4 Special Details: The LANDSCAPE ARCHITECT will provide
loop replacement details for each of the five signalized
intersections along the projcct corridor.
6.0.5 Signalization Field Review: The LANDSCAPE ARCHITECT will
perform one field rcvicw to cvaluatc thc existing signal
configuration and operation. The LANDSCAPE ARCHITECT will
also perform a cabinet inventory for each of the five signalized
intcrsections in the project corridor.
6.0.6 Signalization Progress Meeting: The LANDSCAPE ARCHITECT
anticipates one progress meeting will be necessary in association
with signalization dcsign.
7.0 Lighting:
7.0.1 Scrvice Point Details: The LANDSCAPE ARCHITECT will
provide service point dctails in the construction plans which will
include schcmatics. Thc LANDSCAPE ARCHITECT will also
Clcveland Street & Stalion SQuare Pork
08/12103
Scone "f Ser.xes
i'IIVe N,' Q
.
Oellomo Herl>e" And Compan\'. Inc.
perform voltage drop calculations and provide required wire size.
7.0.2 Tabulation of Quantities: The LANDSCAPE ARCHITECT will
provide lighting tabulation in the construction plans. The
tabulation will spccify each lighting item required and the
associated quantity.
7.0.3 Pole Data Sheet: The LANDSCAPE ARCHITECT will provide
pole data information in the construction plans, The pole data will
be a tabulation of the pole number, location. offset from roadway,
mounting hcight and fixture wattage.
7.0.4 Lighting Plans: The LANDSCAPE ARCHITECT will provide
lighting plans depicting proposed lighting and conduit layout.
7.0.5 Special Details: The LANDSCAPE ARCHITECT will provide
special details that may be required in association with special
decorativc fixtures proposed for this project.
7.0.6 Lighting Analysis Report: The LANDSCAPE ARCHITECT will
provide a lighting analysis report that will include photometric
calculations, evaluation of lighting criteria and equipment
selection.
8.0 Electrical Engineering
8,0.1 Power Service Coordination: Coordination with power company
will take place to identify service type and locatio.l.
8.0.2 Electrical Socket Location: Provisions and layout for electrical
junction boxes/receptacles will be provided along Cleveland Street
and Station Square Park.
8.0.3 Irrigation and Fountain Pump Service: Voltage drop calculations
will be providcd for irrigation and fountain pumps. Power will be
indicated to both locations.
9.0 Pennies
The LANDSCAPE ARCHITECT shall identify all permit requirements
for the project and prepare supportive documents including applications to
forward to the appropriate agencies, including any SWFWMD pennitting
which may be required. The LANDSCAPE ARCHITECT shall also be
responsible for receiving site plan approval from the City of Clearwater.
Clc:\'c:lnnd Strttt &: Station Sauare: Park
08/12/03
Scope of Services Ikllmno Ilerl><:rt And COl1loam. Inc
I'al:c No 10
10.0 Demolition
The LANDSCAPE ARCHITECT shall prepare plans indicating all
cxisting site features to be removcd from the project including, but not
limited to, roadway paving, sidewalks, curbing, lighting, traffic signal
devices, site furnishings, landscaping, signage and irrigation.
11.0 Hanlsc~'pe Design
11.1 Sidewalks & Plazas
11.1.1 All sidewalk and public pedestrian area paving will be
replaced with decorative unit paving. The plans shall
include detail enlargements to clearly identify patterns,
banding, etc. Complete dimensioned layout plans shall be
prepared for all sidewalks as well as all paving areas
within Station Squarc Park. The plans shall include
cxpansion control and shall meet ADA requircments.
11.1.2 Construction details (cross sections) shall be completed to
assurc proper installation methods are followed, and that
transitions to adjacent surfaces and structures arc clean
and consistcnt throughout the project.
11.2 Specialty Inte~ectiolls & Decorative Roadwa}' Segments
11.2.1 The intersections of Cleveland Street with Osceola, Ft.
Harrison, Garden, East and Myrtle A venues shall be
comprised of specialty decorative unit pavers and/or
decorative concrete, and the plans shall provide detailed
layout and dimensioning of these designs. In addition,
specialty paving shall be utilized in mid-block at each
block of Cleveland Street within the project area, and
layout and dimension plans shall be provided for these
mid-block areas as well.
11.2.2 Construction details (cross sections) shall be completed to
insure that proper installation methods are followed.
11.3 Specialty Hanlscapc Features
The LANDSCAPE ARCHITECT shall be responsible for the
design and preparation of drawings for the following special
hardscape features along Cleveland Street and within Station
Square Park:
<3>Oecorativc Towers
a>Treiii ses
Clcveland Street & Station SQuare Park
0811 :Ml3
S':ol'e of Ser\'iees
i'plle No II
Bellomo Herbert And Company. Inc
<>>Retaining Walls/Planter Walls
<>>Mctal Entry Arch
Q)"Historic" Cast Iron Fountain
Q)Fcncing
<>>Pedestrian Kiosks
Such drawings shall include elevations and cross sections
necessary for the construction and/or fabrication of these items,
including thc determination of footing design.
12.0 Site Furnishings
12.0.1 Select and locate, in plan, alI site furnishings for the overall
streetscape and Station Square Park, including benches, trash
receptacles, ash urns (if desired), tree grates, planting tubs, water
fountain and/or other sitc furnishing clements requested by the
CITY.
12.0.2 Provide construction details indicating installation and anchoring
methods for all previously described site furnishings.
13.0 Decomti\'e Fountain
Provide design of 2 decorative fountains (Cleveland Street and Station
Square Park), and complete all construction detailing for fountain pool
structure, mechanical, electrical and chemical systems.
14.0 Signage
Include appropriate signage plans and details within ovcralI bid package.
These plans and details were completed as a part of a previous agreement
between the CITY and the LANDSCAPE ARCHITECT.
15.0 Landscaping
Provide complete landscape plans for Cleveland Street and Station Square
Park, indicating plants to be removed and/or relocated, as wcll as new
planting. Complete construction details for proper installation of all plant
material, as well as a detailed plant listing indicating plant specifications,
quantities, sizes and botanical and common names.
16.0 lnigation
.
Complete plans and construction details for an electric automatic irrigation
system including meter(s), backflow preventer(s), controllers, valves,
spray heads, drip emitters and gear drive heads, and automatic shut-off
(per Florida law).
Clc\'(~land Street & Station SQuare Pnrk
08112103
S":"l'<' <If S,'f\ 1..:<', Bellomo Ilcrl>c:n And Com pan\'. Inc
E. COMPLETION OF THE 'VORK
The work described above shall be prepared and completed as follows:
1,0 Design Dc"clopmcnt
1.0.1 The LANDSCAPE ARCHITECT shall produce Design
Development drawings to fix and describe thc ovcrall character
and extent of thc Cleveland Street Streetscapc and Station Square
Park projects. Services shall include meeting with representatives
of the Florida Department of Transportation (to discuss and receive
approval for work planned on State roads), public and private
utility providers, other regulatory agencies, and CITY Engineering
and/or Public Works staff as required to identify permit
rcquirements and project constraints. This phase of the work shall
also include the developmcnt of design plans indicating quantities,
types, sizes, and materials of the following elements: paving, site
furnishings, landscaping, irrigation, traffic control and
signalization, lighting, utility improvements, specialty features
(entry towers and walls; trellises, bus shelters), and water features.
1.0.2 More specifically, the following items shall be addressed and the
following features shall be designed:
Q) Demolition of sidewalks, streets and utilities.
Q) Hardscape features including sidewalk paving, crosswalks,
selected intersections, planters, street furnishings, trellises, bus
shelters, water features.
Q) Gateway features including entry towers, walls.
Q) Ornamental street lighting including fixture selection and
electrical distribution.
Q) Utility design including water distribution (to include new
main lines, building supply lines and meters); sewer design;
drainage and stormwater design.
Q) Traffic signal design.
Q) Pavement marking.
Q) Signage coordination, including the construction of pedestrian
kiosks, and the temporary removal and permanent replacement
of signs along Cleveland Street.
Q) Maintenance of traffic.
1.0.3 The LANDSCAPE ARCHITECT shall meet with representatives
of the CITY at the conclusion of this phase of the work to present
and review the plans.
1.0.4 The LANDSCAPE ARCHITECT shall prepare estimates of
probable cost for the improvements described above.
fOliC No 12
. Cleveland Street & Station SQuare Park
OS/J2I03
SC('~ of Servl(:es
Pnuc No 13
2.0
Bellomollcrhen And COllman\" Inc
Construction Documents Phase
2.0,1 Thc LANDSCAPE ARCHITECT shall prcpare construction
documents at 20 scale. for the following elements and types of
work. Such plans shall includc layout drawings and any
construction details/enlargements/sections/elevations necessary for
thc accurate bidding and construction of these items.
Q) Dcmolition of cxisting features to be removed.
Q) Roadway Dcsign.
Q) Landscape planting. irrigation, strcet furniture, specialty site
fcaturcs (entry towers, walls, trcll ises, watcr featurcs)
Q) Traffic signalization.
Q) Specialty paving including brick and/or pavers.
Q) Specialty intcrsection treatments
Q) Curbing and striping.
Q) Elcctrical plans shaH be completed including drawings for the
installation of the new light fixtures proposcd, power to the
signalized intersections and power phiced for use during
special cvents.
Q) Utility plans including new water, sewer and stormwatcr
systems,
Q) Maintenance of Traffic Plans. to be approved by the City
Engineer and the Florida Department of Transportation. MOT
shall also address pedestrians and bicyclists.
2.0.2 In addition to the plans prepared during this phase of the work, the
following services shall be completed:
2.0.2.1 Coordination with the Florida Department of
Transportation for final approval.
2.0.2.2 The LANDSCAPE ARCHITECT shall prepare technical
specifications for all items identified under this contract
not covered by City technical specifications. The
LANDSCAPE ARCHITECT shall coordinate and
prepare the technical specifications, design a Project
Manual cover sheet and prepare an itemized bid form to
be used during the bidding process. The LANDSCAPE
ARCHITECT shaH coordinate with the CITY Purchasing
Department or other department identified by the CITY
to assure that all required "Front End" bid documents
(General Conditions, Supplementary General Conditions,
Bonding Requirements, etc.) along with the
LANDSCAPE ARCHITECT'S documents, are
assembled as a complete bid package. "Front End" bid
Clc\'e1and Strcet & Station SQuare Park
08/12103
Sc,'pe of S~f\'lCes
Bcllomo \-It:rb~n And Company, Inc.
documents. as described above. shall be provided to thc
LANDSCAPE ARCHITECT by the CITY.
Computation of quantitIes: The LANDSCAPE
ARCHITECT will prepare quantity calculations for the
project using standard practice methodologies for use by
the City during the bid process. Calculations and
associated back up matcrial will be provided to the City
in an organized format and will include a quantity
breakdown summary for each element.
2.0.3 Cost Estimates
The LANDSCAPE ARCHITECT shall prepare estimates of
project costs during the 60%, 90% and 100% completion of
Construction Documents portion of the work. including estimates
of project cost by component.
2.0.4 Permits and Approvals
Subject to the CITY's approval and authorization, the
LANDSCAPE ARCHITECT shall preparc and tile applications for
all necessary pcrmits, licenses, approvals and consents from
agencies of state government having jurisdiction over the project.
2.0.5 City Review & Utility Review
The LANDSCAPE ARCHITECT shall present the Construction
Documents to appropriate CITY departments and staff at 30%,
60%, 90% and 100% completion for review and approval. The
30% plans and 90% plans shall be sent out for City, CSX, FDOT
and all utility review.
2.0.6 Bid Packages
The "Front End" bid documents, technical specifications,
construction drawings and other items which comprise the Bid
Packages, suitable for accurate bidding and construction of the
projects by licensed General Contractors, shall be prepared as a
single bid package consisting of the Cleveland Street Streetscape
project and the Station Square project. Should the CITY decide to
bid these two projects separately additional compensation shall be
provided to the LANDSCAPE ARCHITECT. Fees for such
additional services shall be negotiated at that time.
3.0 Construction Plan Fonnat &Dclivcmblcs
3.0.1 The design plans shall be compiled utilizing one of the following
1'1I1!~ No 1-1
Clcvcland Street & Station Sauare Park
08/12/03
SeOl'e of Services
Rellomo Hcrbt:n And ComNnv Inc,
two methods and delivered with the 100% plans.
City of Clearwater CAD standards as attached.
Pine lias County Survey CAD standards for survey base map
and City of Clearwater standards for the design portion.
3.0.2 The design plans shall be produced on stable-based mylar or
vellum material, 24" x 36" at a scale of I" = 20' unless approved
otherwise. Upon I 00% completion of construction documents the
consultant shall deliver all drawing files in digital format with all
project data in Autodesk<<d Land Development Desktop (LDD) R3
later, including all associated dependent files.
3.0.3 An AutoCAD Release 2003 drawing or later drawing file shall be
submitted. NOTE: If approved deviation from Clearwater or
Pine lias County CAD standards are used the consultant shall
include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for
plotting. The drawing file shall include only mlthorized fonts.
shapes, line types or other aJtributes contained in the standard
A utoDesk. Inc. release. A II block references and references
contained within the drawingfile shall be included
F. BIDDING
1.0 Pre-Bid Meeting
The LANDSCAPE ARCHITECT shall attend and manage a pre-bid
meeting at a time and a place determined by the CITY, and shall present
the intent of the project, as well as answer any questions that may arise
during the meeting. The meeting shall be attended by the project
LANDSCAPE ARCHITECT, as well as the project managers of the sub-
consulting civil engineer, electrical engineer, and pool designer.
2.0 Addenda
If necessary, the LANDSCAPE ARCHITECT shall issue any Addenda
which may be required during the bidding process.
3.0 Bid Opening and Bid Review
The LANDSCAPE ARCHITECT shall attend the project bid opening and
shall assist the CITY in the review of the bids to assure compliance with
the bid documents and procedures.
4.0 Bid Process
Advertising for bids, receipt of bids, bid document reproduction and
~~ l"~, t~
Cleveland Strcct & Station SQuare Park
08/12/03
Scone of Scryices
Rdlomo IIcrl>cn And Comnan\', Inc
distribution, and the final opening of bids received, shall be the
responsibility of the CITY.
G, CONSTRUCnON ADMINISTRATION
l'al!C No 16
1.0 The LANDSCAPE ARCHITECT shall provide the following services
during this phase of the work:
Q) Attend and administcr the Pre-Construction Conference.
Q) Attend on-site project meetings for the duration of the construction of
thc project. Such meetings shall be held every week.
Q) Respond to Requests for Additional Information from the General
Contractor.
Q) Review and approve or deny submitted shop drawings, product data
and/or samples as rcquired by the Contract Documents.
Q) Recommend to the City's CEI Engineer, thc rejection of work
completed by the General Contractor which is not constructcd in
accordance with the Contract Documents.
Q) Providc pcriodic reports outlining the progress of the work to date and
any deficicncies encountered.
Q) Render opinion in disputes between the CITY and the General
Contractor.
Q) The LANDSCAPE ARCHITECT shall not have control over and shall
not be responsible for construction means, methods, techniques or
procedures.
2 The LANDSCAPE ARCHITECT's Principal-In-Charge/Project
Manager and the LANDSCAPE ARCHITECT's civil engineering sub-
consultant Project Manager shall be involved in the completion of the
services described in section F.I.O, Construction Administration. The
LANDSCAPE ARCHITECT's Principal-In-Charge shall attend all
construction meetings described. The civil engineering Project Manager
shall attend up to 20 construction meetings.
Clc\'e1and Street & Station Sauare Pari;
08/12103
Scope 01 Services Bellomo Hcrbcn And Company, Inc.
(for intemal routing & reviewpll1]Joses only)
;~
CITY OF CLEARWATER
CLEVELAND STREET & STATION SQUARE PARK STREETSCAPE
WORK ORDER INITIATION CIIECKLlST
APPROV AL CHECKLIST
Name Title "Initials" Date Reviewed
. Gary A. Johnson Public Services Director GAJ 09/09/03
Andy Neff Public. Utilities Director
. , AI Carrier Asst. Director of
Eng.lESM AC 9/8/03
..
.
PIIItC No t7 Clcvclllnd Street & Stution SaulIn: Park 08/12103
. ' .. .
~ :ope of Services Bellomo Herl>ert And Companv. Inc
Glen I.. Bahnick. Jr. Ass!. Director of I GLB II 9/12103 I
Eng.lProduction
I Paul Bertels I Traffic Operations PB 9/11/03
Manager
Lisa t\lurrin Utilities Engineering LMM 9/11/03
Manager
Tom Mahony Geographic Technology TLM I 9/11/03 I
Manager
I Larry Dowd I Parks & Recreation I LVDIII II 9/11/03 I
Keith Bush Controller I N/A II I
Tim Kurtz Project Manager I TK i 9/9103 I
,.
l'alZc No 18 Clevcland Street & Station Sauare Park 08112103
~l
City Commission
"__, __~g~_~_~~_._~over M emo r~.~~ u m__,_._"___,__"___.____._~__
~~ater
u~
~
Trackingjiymber: 147
Actual Date: 10/02/2003
Subje.c.t.L Recomme.o.d.C!.tlm1';'
Award contract to Sun Trust Leasing Corporation to provide an $18,000,000 line of credit to
cover all planned lease purchase equipment acquisitions for the 2003-2004, 2004-2005, and
2005-2006 fiscal years; authorize all uncompleted equipment acquisitions previously approved
for financing under the current agreement with Bank of America to be financed under this new
agreement and authorize the appropriate officials to execute same.
S~mmaQ'~
The City solicited proposals for lease purchase (installment sale) financing for the next three
fiscal years. The bidders bid a percentage of the weekly average index for the three and five
year Constant Maturing Treasury Note (CMT) as published by the Federal Reserve Board. The
following is a summary of the responsive proposals received:
3 Year Term 5 Year Term
Ashford Capital Corp 163.913% of 3 year CMT 112.5001% of 5 year CMT
Bank of America 65% of 3 year CMT plus 111bp 65% of 5 year CMT plus 88bp
GE Capital 181 % of 3 year CMT 137% of 5 year CMT
Koch Financial 136% of 3 year CMT 106% of 5 year CMT
Sun Trust Leasing Corp. 127% of 3 year CMT 94% of 5 year CMT
With the exception of items that have a three-year useful life such as computer hardware,
software and police cars, the lease purchases will be for five years. The City's cost of capital on
June 13, 2003 using the rate bid by Sun Trust Leasing Corpol"ation would be 1.94% for a
three-year term and 2.14% for a five-year term.
The current contract, which was bid in 2000, is with Bank of America. The current three-year
rate is 90% of 3 year CMT. The current five-year rate is 88% of 5 year CMT. It is believed that
the substantial drop in interest rates has caused the proposals' relative rate to the CMT to climb.
Approval of this item does not represent a commitment to borrow. Decisions to lease purchase
specific items of equipment must be budgeted for or approved separately in accordance with the
City's purchasing policy.
Originating:
Finance
.user Dej;!artment:
Section:
Consent Agenda
Category :
Agreements/Contracts - without cost
Financial Information:
Review Ap-p-roval
MSIMMONS
08/25/2003
08:26:31
;~ater City Commission
u~ Agenda Cover Memorandum
~
PAKIN 09/15/2003 16:22:17
GBRUMBAC 09/19/2003 14:49:11
MSIMMONS 09/12/2003 09:55:20
CGOUDEAU 09/26/2003 08: 16:Q4
BHORNE 09/25/2003 22:56:54
2'6
City of Clmnmter
2004 State Legislative Package
~~~Si.'o1l!lr*~.:dlr~N:'-'~'"
Appropriations
The City of Clearwater will seek funding through grants and other
sources, to assist in implementing projects and providing services to
meet the needs of our citizens and improve their quality of life. This will
include projects such as:
. Beachwalk Construction (depending on Federal appropriation)
. Hispanic Outreach Center ($196,075)
. Brownfields Cleanup ($250,000)
. Emergency Operations Center ($1.9 million)
. Ross Norton Aquatic Center - FRDAP Grant ($200,000)
. Skate/BMX Playground - FRDAP Grant($200,000)
. Volunteer Homeland Security Volunteer Team ($100,000)
. Guideway - Bluff to the Beach
Proposed Legislation - We request legislation be proposed that will:
~dfiaftlTater
;;~
aty~
l~ S. 0sceaIia A\oernJe
~ater R.. 33756
(27) S~
VikWW.O'Ydeartl(iat!r,com
. Fund Brownfields Cleanup programs.
. Allow alternatives to public hearing advertisements in
newspapers.
. Require TOC membership for an elected official from a
municipality from which the largest percentage of tourist
tax dollars are collected.
.(, Amend Florida Public Records Act to provide all public
employees with the personal information protection
currently provided to police, fire, and other specific
employees.
.. Require the completion of an actuarial study on any
proposed changes to public employee pension benefits 90
days before formal consideration.
Brian j. ...~,~t, Mq7
HO)C Hu:miJtm, Q-nnirsiarr
WJJiam-..i'-m. CDmNiarr
W1m7.,....Gw)I ~itnY
Fmrlt. ~tmI, Otmininr
Issues to Support
We will support legislation that is beneficial to Cleanvater and other
municipalities including:
... Continue and maintain QTI/SHIP/HOME funding resources.
... Increase grant funding for homeless intervention programs,
to include operating costs.
... Maintain current funding levels for State Aid to Libraries
and FROAP.
... Allow implementation of interim service fees to cover costs
for providing services to properties that are improved in the
middle of a tax year,
... Provide phosphate severance tax consensus for the closure
of Piney Point.
... Require union negotiation issues to remain at the local level.
... Double fines for speeding in residential neighborhoods.
... Maintain local control of cell tower location.
... Monitor Annexation Legislation
... Repeal Section 59 of sa 676 - overturned the applicability of
local ordinances to FOOT property and projects
... Amend language in HB 113A - remove or reduce $200 fee to
WzIliamB. HartJ!, OtyMamg?!" pursuing code violations in court
(727) 562-4040
william.homc((i) m)~lcarwater.com ... Amend language in HB 244 to require sprinkler systems in
all high-rise residential and commercial buildings
Garry BrutrWdt, A sst. Oty Mamg?!" Issues to Oppose - We will oppose legislation that is detrimental to
(727) 562-4043 Clearwater and other municipalities including:
gany.brumbacl<ml Ill)dcarwater.com
... Unfunded Mandates
... Increased Regulation of or Restriction on Municipal
Ralph Star., Asst. OtyMamg?!" Operations
(727) 562-4039 ... Requiring municipalities to obtain licenses for summer
ralph.stone<W m~learwater.com camps and holiday programs offered by their Parks and
Recreation Departments
... Erosion of Community Redevelopment Agency Authority.
... Destabilizing of Tampa Bay Water.
C}niie Guiatu, Oty aerie
(727) 562-4091
c.)ndie .~oude-.ullb l1l)clearwater.com
:',~ a.~~q~;~,Fjty9~ ~~ter~suppo~# ~lo~,
, ":~~' -- 'of ,CitieS'm. "'iJrs' ...' in U . lative riorities.""
"'''\'~'''''' '" ,p,~ ,g1S, 'P'" ' ',:
~ Clearwater
,~ ~:::~:~::~:::;.~~~:.::
PR\
Agenda Cover Memorandum
Page 1 oj 2
dl
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City Commission
Preferred Date: 110-16-2003
Item ID: 225
Submitted: 109-22-2003
~
Latest Possible Date: 110-16-2003
~
Actual Date: I
-Subject I Recommendation:
..,,:':: "- ,.:,:,:,:' ;~,:J ~:t..:,:".:,!:'r. 8':'dl.:J l'-2.:-.:.rr'::l.::r.dc,tl.::', n,;min9 Cit:,' pr:;:-=:"::: located \,;ithin -~
,_,I.::t ;~t::~"'t. c:, the SC.d.lth, Frl)sp.::<::t ,=-.\"enuo::- t.o tho::- '..:""st, Park St!:.;-",,: :(> thE' nor'th, ctll(!
S\;in.,: .:~';-::nue t:, the east, r'ro:,pect Lab:: Pad:,
..::J
-Summary:
Tho:. Tc,'..m Lal;". pr\J)ect lh'!':eh.Jped an e:-:isting pond and enlarged it to :l'tate a 3. S acre -~
l,:lI:t'- '.:lth df.'pr:::u:natel:,' ene half acre of surrounding parl:land. 7h"" :al:e pro','ides flood
! _, ': _ ': i .11 cd.,.: st....rlli \;,:.t-=l tl'eatllient for appro:-:inlately l.:'~' acres 0: .::ontributori' Jraina<.]e
clled usi:l9 d ,.::omlnnation of chemical (alum injection), physical (set:ling) and biolo'Jical
(aquatic planting) processes.
Conunission Resolution No. 94-12 specifies that the Parks and Recreat.:..on Board will
conduct and advertise a public hearing to consid.::r reconunendations f,:)r park names at a
r.:-g\11Cir meeting of the Board.
.:'.t the l.!ay 1, 2003 City Commission meeting, the Conunission requested that the board
~o~sl1~r having a second public hearing to generate additional nam~~~ suggestions after
revle~llng suggestions generated at the March 24, 2003 public hearing on the naming of
t ~-i i.::: :' .~1 -. :. 1 i t Y .
Th~ E0~rj held another public meeting on August 25, 2003.
w tot~l of 54 names were received by the Board for consideration.
Based ~pon the information gathered at this hearing, and on the criteria contained in the
Ees:Jl.':ion, the Parks and Recl'eation Board approved a motion to recc::unend to the City
C':lllllfii ,:Lm thdt the Ul-:ility be named "Prospect Lake Pad:". The secc.nd choice
\:as ".':~e.'in,at.er Cent.ral Park".
Originating Department: IPnrks nlld Recreation
Category IOther
~ Section: IConsent Agenda
..=J
~
~
Public Hlearing:
INo
~
Number of Hard Copies attached:
10
- RevielW Approval: (Signature indicates approval,)
I'", \ III I ;1,11I":11 1I9-~.~-'::{)n.~ 0') 0:' ,7
I \ 11..11': Hl mlt. ,III I u .(It,.2(H)3 ,(\ 0:'
IGnny BllIllIhad, ()').2<)-.::ucn I :'i"'~:
IB"lllol\I~' I ()-O-l.::()O.~ 13:-10:1.1
L'H
I
ITEM # 30
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. . ,'.' ,'. _ "r
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Fe) I
~' Clearwater
Agenda Cover Memorandum
Page , of ,
, ,,. .'.~ ~ ",.o,_... ~'~"''''''.~~ _d......U'..... ..._"." -'0..#. _ ..~,........_,..._"""..........._,......._....",........l"'_...~____~..._ ~~
_ ,_~~~~_.30
City Commission
Preferred Date:110-1h-2003
Item ID: 194
Submitted: 109-05-2003
..:J
Latest Possible Date: 111-06-2003
~
Actual Date: I
- Subject / Recommendation:
"1."
~ ~:.tl"d'l!.'~ ::~ -;1":.-..-"
.. " ,.. ',': i t. ~'. "J::l." !";" it... i :1
" L": (..,<riinq, .'Im.::-nclirl':l ,:hapt.:::: 17: Fi.re Fre'lention to dchi,,':02
: i-, ,'t,,-'l"-:- ,'<',:Ii:::lc,:,ncl Flc,ri-.iO'1 i>.dlllinistl-i'ltive Cc'je 4'::>.-6(':
1"; 1..1,...:-.-' 1~ tl:"-;I'.if[I":IIt:~~ SUF.;,l-S02c1ed b:, :3tcitute: and modif~'
..::J
.,
. " .., I ... : -:....:.., 1 . I
1 '... .... ., :': ... - I'.:: ~'l : I ~ .. 1 ," ~ ~. .: .
.::J
- Summary:
Fl<i'i't St.,<tut.;- 1)_'): Fil'e Fl-e\'t:'nticrl Cincl Conlrol '..:,;,s amend",d to create a state\,lide ..::J
Unlfi",d Prevention Code, adopting llational Fire Protectic:~ P'.ssociation, NFf'.; 1: Fire
f'r.o:\'t:l.ti011 Code and 11 Fr.:'. h)1: Life :oafety Code and their referenced standards. This
:Ill,'=llc:::r,,,,rlt dldn,.;!.;, dli'Jns our Cit',' Fil'e Cod", to the ne\-I Stat", lal-l, eliminating the need fc:,:
;';....r..i!.~,:. \~lti F:r":' fr.;-':-:-IHl>n .:,rld L:f", SClfety Ccd-:-s I-Ihich :Ire delete:1 in this chanqe.
.:'.1:c" ~:.t' Oclir"'lnCe Ch:Hl9'= <'real:e$ an incenti':", for pronLpt code compliance by :::it~.
! 'i. .,,'- ,_'I.e:,l":,,,t."t h,'t:; ,q:'F,r-':.:in,:;tely 1:,,0(:-(' .:-.:.mmercia':' occupancies that are subject
to insp-:-ctlon b~ the Fire Marshal's Office under Florida Statute 633. The inspection
cvcle is determined by the amount of time between a fire inspector's first proactive
visit to a busin~ss and the next proactive visit upon completion of the remaining 15,000
c":':'Ul=cll.:-ies. The CU1-rent inspe,.::tion cycle is appro:.:imately 8-10 years. One of the Fire
Chl~f's strdtegic goals is to perform on a two-year cycle consistently. The Fire Service
[e:-:g~i=2S a ccrollary effect of increasing code violations to an increasing inspection
~,/':le. ffi0aning th.;- longer it ta~es for fire inspectors to :::~mplete a full rotation of the
il,'r,:. ~; 'n ".'.'1-, rt-,,,:, l!L'T~ :'i-:rn:fi'''.,n!' th,o. ':icL"ti')lis I:e\.~,'.me and need for foll;);'I-uP re-
irl:oF-:- ~ ~ 1 :,n;..; in':-~-::",Se.
(Jn0 ~r~~ that significantly decr.::ases inspection production is the amount of time and
rescur~es needed to perform re-inspections (or follow-ups) for tracking corrections to
code Don-compliance. Business owners I-Iho are violation-free need no follow-up, and
busineSS owners who take appropriate corrective action if a violation is found on the
first ~isit need only a brief follow-up visit to ensure compliance. Unfortunately, some
bUSll.".,SSeS choose to abuse our internal policy of not taking an OHner to court unless it
is the last resort, which forces us to return as many as five times before full
cc.>n'l=,llr..:1.:e is met and a safe environment for our citizens is achieved.
Originating Department: I Fire and ResclIe Department
Category: ICode Amendments - All
~ Section: IOther items on City l\L'lllnger Reports
.=J
.:J
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Public Hearing:
~
Number of Hard Copies attached:
- Review Approval: (Signature indicates approval.)
II,' I. '.
i ~,,\;tl\.1 Iii:. _ ,i. ~f It 1 ~ ~IS ";..
1< i,lll:- (\\lI\1\I';h'l. (i'I,,2'1-20il; I:' 1"-
I Ii III II () IIl~' Ill-II.I -20 II ,< I:; : :' 2 3'::
II '." ,II.'
.'\llk,III 1\1_;),,_~Il(J< II' Of'
-Additional Summary Space
F-.ccol'din') to C'Ul' ::lcitabase, the insF..:ction division ~erformed 822 inspections in Cillendilr ~
'lee,r 2(1('1, .~.f \:hi.::h :,J: \(:~) ',:e1.-e 1.'e-inspections. "iear ::'>:.:: shOl-IS 1394 inspections,
iC,l'" ~':.=:.r.=:. r"--:.n,.::p,:-,:,ri-,:,s', r,"-ttirl'~ ,'r.1y PF~ initL,l :.ns~ecti::1s. So far this calendar
~ ,::'::1., ...~ ..tl~ r..:t:' -:-:':'_'''':'":''...:':'IJ1J :d~t ~'-=~;:.' ~ Lunj:'o.:l~; du,,= ::"1 ra1"!:, :.:) th~ a:i::lition .-:-f ~
t~m~0l'ary inspect~rs. Cal~ndal' ~eal' ::003 productiG~ is 7~~ initial inspections with an
addltional 515 r~-lnspections, equaling 1309 total inspections (through August 18,
:00~' Re-inspections ar~ still toc many and both adversel~ impact our ability to
perform mor~ initial inspections and increase risk :0 the =~ti=enry. We need an incentive
to encourage cede compliance and reduce the amount of re-i~spections.
This proposed ordinance change will provide a fee schetiule that levies a S50.00 fee for
the first re-inspection and $100.00 for every re-i~spection after that (within the
111;:'F",.:'r::.i':'1'1 .:'y,~l.,.', Th-'- t"'.,.3 al'-2 dc-uble :f the occ'~F"n'.::y e:.:2",e"]5 8Ij,I~IOCI square feet.
Based 0n the above statistics, we -2xpect tc generate between 560,000 and 5102,000 the
first :r'ear. Th". fil-~ cjepartIrltr,r: is [:'roposlng this oHlinanc". chang-::-, not as a lucrative
rev,=r.ue SOUt'(;;:-, but relthe!.' c15 dn in::-2nti'.'e tL' adli,;;':", ("cJ-::.:,::nplLtnce promptli'. Business
o\':ners that use Ollr set-vices sparinq1y are not ass.::ssecl ani' charges to them, \'Ihereas
the "abuser" pai's <.1 nominal fee that offsets the human resourCE: costs for \-Ihich they
generate the need. Across the country re-inspection fees have proven to improve code
compliance significantly and reduce re-inspections. Although si=eable initial year
revenues are projected, these are expected to drop appreciably as businesses eliminate or
correct code violations promptly. Additionally, fire and life safety inspectors are freed
up tc perform initial inspections and reduce the adverse inspection cycle.
.,:
.
~
Attached Documents:
If your Summary Is greater than 4000 characters you will be prompted to attach a separate document for the Summary.
Please enter tile name of the attached summary above,
ORDINANCE NO. 7163-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO CHAPTER 17, FIRE PREVENTION, AMENDING
CHAPTER 17, FIRE PREVENTION AND CREATING ARTICLE III,
CODE OF ORDINANCES, FIRE AND LIFE SAFETY
INSPECTION FEES; PROVIDING AN EFFECTIVE DATE,
WHEREAS, pursuant to Chapter 76-408, Laws of Florida, Clearwater Fire Rescue is
charged with providing fire protection and rescue services to a certain portion of Pinellas
County, Florida; and
WHEREAS, Chapter 633.025 of the Florida Statutes requires a municipality,
county, or special district with fire safety responsibilities to adopt and enforce minimum
fire safety standards; and
WHEREAS, Chapter 633,081 of the Florida Statutes allows the governing body
of a municipality, county, or special district with fire safety enforcement responsibilities
to provide a schedule of fees to pay the cost of inspections and related administrative
expenses; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 17,01, Code of Ordinance is hereby amended to read as
follows:
ARTICLE I. IN GENERAL
Sec. 17.01, Duties of chief.
(1) Generally. The duties of the chief of the fire department shall be to have
charge and control of the fire department of the city and any other firefighting assistance
whose service may be offered in the extinguishment of fire and protection of the city
from fire or other emerQencies. The chief shall order and superintend the work of such
company and shall from time to time make such recommendations as may be found
necessary and proper for the better and more adequate protection of the city.
(2) Enforcement of state fire marshal's regulations. All rules and regulations
issued by the state fire marshal under authority of F.S. 9 633.-1-5; ll.L. shall be
enforceable by the chief of the fire department,;other fire department personnel
desiQnated bv their respective chiefs: and the chief of the fire department is hereby
authorized to perform within the city fire control district any duties that may be imposed
upon the chief by such law or in accordance with Florida Statute 633 therewith, and to
have such assistance as the chief may find necessary from other officials of the city in
the discharge of such duties.
Ordinance No. 7163-03
Section 2. Section 17,02, Code of Ordinance is hereby amended to read as
follows:
See, 17.02. Private use of firefighting equipment
No engine or other apparatus used for extinguishing fires shall be assigned to
any private use or enterprise, used therein. or carried or placed beyond the proper place
assigned to it unless for repairs. without written consent of the chief of the fire
department and approval of the city manager.
Section 3, Section 17.03, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.03. ResistinG OF obstructing, impersonating firefighters, or Fire Safety
Inspectors.
No person shall resist, impede, obstruct or interfere with the movements 0 r
orders of the chief of the fire department or his assistants or any firefighters or Fire
Safety Inspectors in the execution of their duty. No person shall refuse to obey any
order lawfully given by any officer, fire fiQhter. or Fire Safety Inspector of the fire
department at any fire or emerQency scene or during the commission of duties. meddle
or interfere with any engine, earriagc, Rook ana ladder, truck, hose or fire apparatus
when engaged at or going to any fire. or at an emerQency scene. A person that falsely
assumes or pretends to be a fire fiQhter as defined in 112,81. or a Fire Safety Inspector
will be held in violation of Florida Statute 633.151. Any person may be required to stay
beyond a certain line to be designated by the chief of the fire department or other
officers in command at the fire or emerQency scene,
Section 4. Section 17.04, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.04. No person allowed in immediate vicinity of fire.
No person except a firefighter. police officer, the owner of the property where the
fire is located, the owner of the property immediately contiguous thereto or in danger
therefrom, their agents and servants, newspaper and radio reporters, and
representatives and agents of the fire insurance companies shall be allowed in the
immediate vicinity of any fire that may occur within the limits of the city, without being
ordered or permitted there by an officer of the fire department in command at such fire
or in command of some section or subdivision of the department.
Section 5. Section 17.05, Code of Ordinance is hereby amended to read as
follows:
Sec. 17 .05. Penalty for violation of article.
2
Ordinance No, 7163-03
Any person who shall violate any of the provisions of this article shall be deemed
to have committed a violation punishable by the code enforcement board as provided in
chapter 2, article III, division 9, or in county court as a class II violation as provided in
section 1,12(3),
Section 6, Section 17,06, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.06. Fireworks displays and open fires.
(1) Definitions. For the purposes of this section:
(a) Fireworks display mean~ the use of fireworks as defined in F.S, 9 791.01.
The term does not include "elass-G-Approved Sparkler devices" as that term is
defined by the Office of the fire marshal of the State of Florida. AR--e*ample of a
ela ss-G-deviee-is-the-eev!ee-c-emmonly-kflown-as-a !!spafk.ler,!!-Gut-the-tefffi--!5-flot-
limitee-te-spafk~ef5-:
(b) Open fire means the combustion of any matter outside of a building, except
fires kindled in a barbecue pit or grill, exterior fireplace, cookout device, or
similar out-of-doors eating or cooking device, and except the fires kindled for
the instruction of personnel in the methods of fighting fires.
(c) Pyrotechnic material means a chemical mixture used in the entertainment
industry to produce visible or audible effects by combustion, deflagration, or
detonation. Such a chemical mixture predominantly consists of solids capable of
producing a controlled, self-sustaining, and self-contained exothermic chemical
reaction that results in heat, gas, sound, light, or a combination of these effects.
The chemical reaction functions without external oxygen.
(d) Pyrotechnic special effect means a special effect created through the use of
pyrotechnic material.
(2) Permit required per the Florida Fire Prevention Code.
(a) No person shall use, possess, store. manufacture, sell, or discharQe
fireworks within the iurisdiction in violation with F.S. 791. a-A permit for fireworks
display or pyroteohnio material in a pyrotechnic special effect display, or permit a
fireworks display or a pyrotechnio speoial effect display on his or her property,
withouHnust first be obtaining ed a permft--fef prior to commencing such activity
in accordance with the applicable NFPA Standard.
(b) No person shall start or permit an open fire on his or her property, or start an
open fire on the property of others, without first obtaining a permit for such
activity.
3
Ordinance No. 7163-03
(c) The city will issue any permit(s) required by this Code, once all approvals are
Qranted and all fees as required by this Code and Appendix A of the
Clearwater Community Development Code are paid,
(d) Work commencinq before permit issuance. If any person commences any
work without a proper permit for such work shall be subiect to penalty
provided in Appendix A.
(3) Application for permit. A permit required by this section shall be issued by the fire
chief or fire marshal upon the approval of an application for such permit and the
payment of the fee prescribed in this section. The application shall be made upon a
form provided by the fire chief or fire marshal. which shall require the name and address
of the applicant, the date and time of the proposed activity. the location of the proposed
activity, the name and address of any contractor engaged by the applicant to perform
the activity, and such other information as the fire chief or fire marshal may reasonably
require, For an application for a permit for a fireworks display or a pyrotechnic special
effect display, the application shall be accompanied by a copy of a certificate of liability
insurance naming the City of Clearwater as an additional insured under a policy
providing not less than $1,000.000,00 individual and aggregate public liability and
property damage insurance coverage for the activity.
(4) Fees. The application shall be accompanied by a payment of a fee as follows:
Fireworks display administrative fee. . . $135.00._
Gf)efl-fire . . , 22.50
(5) The city manager, fire chief, and fire marshal shall each have the authority to take
immediate action to suspend any operation for which a permit is required by this
section, which is being conducted without a permit. or in violation of a term or condition
of a permit. A violation of any of the provisions of this section shall be punishable in
county court as a civil infraction pursuant to section 1.12.
(6) The city manager. fire chief. and fire marshal shall each have the authority to
require that a permitted fireworks display be monitored by emergency personnel to
insure that the conditions of the permit are followed. When monitoring is required. the
applicant shall reimburse the fire department the actual cost incurred.
Section 7. Article II, Section 17.31, Code of Ordinance is hereby amended to
read as follows:
ARTICLE II. FIRE PREVENTION CODe*
Sec. 17.31. Definitions.
The following words. terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
4
Ordinance No. 7163-03
Bureau of-fire----prc'Iontion Division of Fire, Life Safety, and Emergency
Mana!=)ement means the fire prevention division of the fire department, or any equivalent
thereof.
Corporation counsel means the city attorney.
Municipality means the City of Clearwater, Florida.
Cross reference(s)--Definitions and rules of construction generally, S 1.02.
*Cross reference(s)--Compliance with fire code minimum requirement for eiewfl-tGwfr
propefty-staflaaf€l~5-:-H, Clearwater Community Development Code.
Section 8. Section 17.32, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.32. Adoption of National Fire Codes.
(1) There is hereby adopted the Florida Fire Prevention Code -1-9.ft2- in its'
entirety. edttioo-ef NFP^ 1, Fire Prcvontion Codc, of thc N~tion~1 Fire Protectiofl-
Associ~tionj and its incorporated standards and codes as published in the National Fire
Codes of the National Fire Protection Association and listed in Ch~ptef-4d 4A-60.005 of
the NFP-A Florida Fire Prevention Code and being particularly the most recent edition as
listed in Ghapter-43 NFPA 1 of-ttle Fire Prevention Code ef- and the Life Safety Code,
GRapter 4^ 3 of-the-Refiaa-Aamtffistfative Code,tAclOOifl~ppcndix C of NFP^ 30;-
referred to in this article as the National Fire Codes, Such codes and standards are
hereby incorporated by reference as fully as if set out at length in this section, and the
provisions thereof as they may be amended by ordinance from time to time shall be
controlling within the fire control district. To the extent that the county construction-
lieeRsing boam Florida Statute 633 or FAC 4A-60: Florida Fire Prevention Code adopts
any subsequent editions of NFPA 1 Fire Prevention Code and NFPA 101, Life Safety
Code, or any amendments thereto, then the edition so adopted and any amendments
thereto adopted by the board shall be enforced in the city fire control district.
{2} It shall be unlawful for any person to violate the National Fire Codes, to permit or
maintain such a violation, to refuse to obey any provision thereof, and to fail or refuse to
comply with any such provision or regulation except as variation may be allowed by the
action of the fire marshal in writing. Proof of such unlawful act or failure shall be deemed
prima facie evidence that such act is that of the owner or other person in control of the
premises.
(3) The fire prevention division shall be responsible for the enforcement of the National
Fire Codes. The city manager, after considering the recommendation of the fire chief,
shall designate a fire official as fire marshal. The fire marshal shall be the administrator
of the fire prevention division. The fire marshal shall inspect or cause to be inspected on
a periodic basis all buildings or structures, vehicles, vessels. and other similar
.
5
Ordinance No. 7163-03
conveyances, and shall make such orders as may be deemed necessary for the
enforcement of the National Fire Codes and for safeguarding life and property from fire_
or other emerqencies.
Section 9. Section 17,33, Code of Ordinance is hereby deleted in its entirety:
Sec. 17.33. Amendments.-
+Re-Natten~1 Firc Codes, ~s published by the-Natten~1 Fire Proteetiefl-
Association, 1992 editkm. is-amended ~s foUews:
Section 1 15.16 of NFP/\ 1, concerning thc permitting of bonfires ~nd outdoor-
Rffib.sfl-fires,is-amernJe9-to include:
(1) Looation rcstricrod. Na-person shall kindle or m~int~in any bonfirc or
eutaaef-ftfobisR-fire or ~uthorize any such fire to be kiflEiled or maintained-
eA-aAy-pfivately-ewned-:taAa-unless thc location is not less th~n 50 feet Of-
some othcr distance approvcd by the fire dep~rtment from any structure.
and-aGeEtu~te provision is made to prevent fire from spreaa~o any
~
(2) /\trond3ncc of open fires. ^ bonfire of-GutaOOf-flJbBisfl-fiRH7haU-ae-
const~ntly ~ttendcd by a competent person until the fire is extinguished.
=fhis person shall have ~ garden hose connected to a water supply. or
etRer-fire extingttisrnng equipment readily availaGle for use;.
(3) Chief may prohibit. The chief of the fire department may prohibit any
or all bonfires and outdoor rubbish fircs when atmospheric conditions or
local circumstances make such fires hazardous or constitute a pubtiG- '
nuisance.
Section 3 5.1 and 3 5.2 of NFPA 1, concerning the required access for fire
appamtus is amended to read:
AtJ-premises-that the fire department ma\' be caltea-upon to protect in case of
fire shall be pro',ided with suitable gates. access roads, and fir-e lanes.
Fire lanes shall be at least 20 feet (6.1 meters) in width with the road edge
closest to the building at least ten feet (3.06 meters) from the building and have
3 minimum of 13 feet six inches (4.1 meters) of vertical clearance. An'! dead end
road morc than 600 feet (183 meters) lona shall be pr~"ided ",,'ith a turnaround
at the closed end at least 60 feet (18.3 meters) in diameter.
The designation, use, and maintenance of fire lanes on private property
shall be accomplished as-specified by the ftre-6hief or fire marshal. It shan-
6
Ordinance No, 7163-03
Be--I:ffitawfut--fer-any persaR--to p::uk motor vehieJe~ on OF otherA'ise obstruct
any-ffre-laR&:
See/fen 3 5.4 of-NFPA-1-;-eaA€effHAg fire lane~, b ameAGed to read:
Rre-4af\es-shaH-be-ma~tMreestaAdif\~Rs-e~aHnted oA-tfle-faoo--
of-the-buHdiA€Hfiat-ltave-the-werds "FIRE LANE NO PARKING, by city-
ordiAaR~paiAteEHn contrastinq colors at 0 ~ize and spaciAq-a~~1 the
autfiefitv h a v iRq-f\.tfiseietiafh
See#en 4 2. 1 of NFPII 24, concerning the-Rumber and locatien-ef-fire hydrants, is-
ameAded-te--reae.:-
r-wer-aRts-sfiaU-be-t::)f(wffieG-in suffieieflt-fHHllber and be located in 0 manner that
will--enable-the-fleeded-fire-flew to be detivered tflfau~ase--\ines to all exteoof-
sides-of-aAv-iml3oFtaRt-stfU€tHr~e-neeeeG-fire-flaw-aAe-the-Jwdr-aAt-tooatiaA-
sffilH-ee-determmed bv the fife--ci:Hef-eF-fire maffiflat-bllt-tfHlo case sholl hase-
IeRgths be qreater than 500 feet for sin~le fumil~1 structures and 300 feet for
eemmef€ial structures.
Soction 1 7 of ,\'FPA 1, concerning appeal procedufeSt-fs--ltereby deleted-ifHts-
entirety; and Sections 7 1.3.2, 7 1.3.2,1 aAd 7 1.3.2.2 of NFPA 1, concernin~
sprinkling of existi~~h riGe buHdffigs,are hereby deleted in their entirety to be
eeRSisteflt-witfl-previeHs-a€ttaAs--by-tfle-PiRell as Cmmty-GenstfUettan LicensjR~
Boord.
Section 10. Section 17.33, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3334. Conflict between National Fire Codes and other ordinances.
In the event of a conflict between the National Fire Codes and any other
provision of this Code, the strictest standards shall prevail.
Section 11. Section 17.34, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3436. Power of administrator to modify code provisions.
The administrator of the fire prevention division of the fire department shall have
the power to modify any of the provisions of the National Fire Codes upon application in
writing, by the owner or lessee of the property directly affected or his duly authorized
agent when there are practical difficulties in carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety secured, and
substantial justice done. The particulars of such modification when granted or allowed
7
Ordinance No, 7163-03
and the decision thereon shall be entered upon the records of the department and a
signed copy shall be furnished the applicant.
Section 12. Section 17.35, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3536. Detennination of pennitted new materials, processes, and occupancies.
The city manager, the chief of the fire department and the fire marshal shall act
as a committee to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in the National Fire Codes. The fire marshal shall
post such list in a conspicuous place in his office, and distribute copies thereof to
interested persons.
Section 13. Section 17.36, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3637. Appeals.
(1) Where any person seeks relief from a decision of a fire official enforcing any
of the provisions of this Code, including permits, certificates, waivers, alternate
materials, alternate methods, approvals, or variances or matters of code interpretations,
that person may request reconsideration of the fire official's decision by appealing in
writing to the fire chief or fire marshal within 15 days of the receipt of the decision
stating the reasons why relief is sought and what other decision the person is seeking,
The fire chief or fire marshal shall, within ten thirty 30 days after receiving a copy of the
appeal in writing, hold a hearing and decide the question after hearing testimony from
all concerned persons, The fire chief or fire marshal shall render a written decision
within we fifteen 15 days after the hearing is completed. Such hearing shall be an
informal administrative hearing.
(2) Any person seeking relief from a decision of the fire chief or fire marshal
regarding provisions of this article may appeal to the building/flood board of adjustment
and appeals within 15 days after receipt of written notice of the decision by the fire chief
or fire marshal. Any appeal to the building/flood board of adjustment and appeals shall
be in writing and directed to the fire chief or fire marshal. Copies of the appeal shall be
promptly transmitted to the board by the fire chief or fire marshal. Upon giving not less
than five business days' notice to the persons interested, a hearing shall be held in
accordance with the rules of the board. The board may, after such hearing, by a
majority vote, affirm, annul, or modify the action of the fire chief or fire marshal. The
decision of the board shall be in writing, and a copy shall be mailed to the appellant
within seven business days after the conclusion of the hearing and any decision made
shall be final. Further recourse shall be through established legal procedures.
8
Ordinance No, 7163-03
Section 14. Section 17.37, Code of Ordinance is hereby amended to read as
follows:
Sec. 17.3738. Penalty for violation of article.
Any person who shall:
(1) Violate any of the provisions of this article;
(2) Violate any order made pursuant to this article;
(3) Build in violation of any detailed statement of specifications or plans
submitted and approved pursuant to this article, or any certificate or permit
issued pursuant to this article, and from which no appeal has been taken; or
(4) Fail to comply with such an order as affirmed or modified by the fire chief,
fire marshal, any board of adjustment and appeals having jurisdiction, or a court
of competent jurisdiction, within the time fixed therein;
shall severally for each such violation be guilty of a violation, punishable in the county
court as a class II violation as provided in section 1.12(3) or punishable before the code
enforcement board as provided in chapter 2, article VII, division 1. The imposition of one
penalty for any violation shall not excuse the violation or permit it to continue. All such
persons shall be required to correct or remedy such violations or defects within a
reasonable time.
Section 15. Chapter 17, Code of Ordinances is hereby amended by creating
Article III to read, as follows:
Article III EXISTING FIRE AND UFE SAFETY INSPECTION FEES
Fire and Life Safety inspection of existing structures for compliance to the
"Florida Fire Prevention Codes" will be conducted within the freQuency cycle as
determined by the Fire Chief.
a, No fee will be charQed for the initial fire and life safety inspection for
compliance within the determined freQuency cycle.
b, A fee of $50.00 will be charged for the re-inspection for non-compliance for
structures under 80,000 SQ feet. A fee of $100.00 will be charged for non-compliance of
structures 80,000 SQuare feet and over.
c. A fee of $100.00 will be charged for each subseQuent re-inspection for non-
compliance thereafter for structures 80,000 SQuare feet and under. A fee of $200.00 will
be charQed for structures 80,000 SQuare feet and over.
9
Ordinance No. 7163-03
d, A fee of $40,00 will be charQed for each fire and life safety inspection for the
purpose of licensure of facilities,
Section 16. Section 17.38, Code of Ordinance is hereby amended to read as
follows:
Section 17,3839, Special Events and Safety Watch:
A safety watch may be required by the Fire Chief or the Fire Marshal to mitiQate
unusual or siQnificant danQer to life safety and/or property as a result of special effects,
pyrotechnics, flame special effects, fireworks, special events including but not limited to
exhibits, trade shows. amusement parks. haunted houses, fairs. festivals, and other
similar special events. For the purpose of crowd management or non-compliance with
fire codes or other reason(s) as deemed necessary by the Fire Chief or the Fire
Marshal. A safety watch or safety stand-by will require the use of appropriately trained
person(s) and may include fire apparatus or other specialty equipment.
A fee of $43,00 per hour, per Fire Rescue personal required to be on site, will be
paid prior to each scheduled event required to have such safety watch, If fire apparatus
is required the fee is $150 per vehicle per hour.
In the case of non-profit, charitable organizations a portion or the entire fee may
be waived at the sole discretion of the Fire Chief or Fire Marshal.
Section 17. This ordinance shall take effect November 30,2003.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
10
Ordinance No. 7163-03
'F [) .i"
; Clearwater
Agenda Cover Memorandum
Page 1 of 1
31
~....._;. ~""""""_'~_'_"'-u....,...._..._).<...........",-....~...~~~__~~~_"~.'.-.~'."",,,,,,,,_____--
City Commission
Item 10: 195
Submitted: 109-05-2003
Actual Date: I
Preferred Dale: 110.1 h..::! 110 ~
~
Latest Possible Date: II 1,06-2003
..:J
- Subject I Recommendation:
L :,
"iln'-lnl-~4 II,-,. .....l..)-(,~ ':--.T1 1st ~-~,~.jlLg,
i,-: i rli I :"Ib; t , liB,:" -:.l"," r.>':Hil~-=~ ')f
amenjing Chap~e~ 5: Fire ~larms,
,:'ou:'-:.es1' \;.:1rn::'.;.1s1 ane! tC, mOdii',
~0 delete -:In,::
the
.~
: ~ ~ 1 : ~ ~. I .- 1 1 t" i: 1.1 t i ::..: :.: 1: ". L <.".: u f.:."": it? t 1 ~:' rL':3 f c:: f d 1 sea 1 n .::- Ins.
~
- Summary:
'rhi,s ",t,!in,.=tIKt- '.::hanye is r""qui-red ~o: -::re",te an incenti'J.:; to minimi::e false alal'lll -=.I
a:t:~ati~ns :;ithin the City; prescribe when wr:tten courtesy warnings and civil penalties
:::11 v~ ctssessed; mod:fy ~he classification of the false alarm violations and associated
1'.~n,"lti.,:.s; and eliminate the administrati','e false alarm fee.
The City of Clearwater has approximately 15,000 commercial occupancies within our Fire
['lstric.. Many of these have Fir~ Alarm systems as a proactive fire protection device,
.:'.l t h - '::::~ :~omp. :)f the ",larm systems ::er-c- installed to redu':e insuran,:e premiums, the vast
lI,aJ:~.:t,~' .:,r0 th",re because the code r.:-quires U",em. The cc::!e also :'e'=l'...:ires that they
func~lcn properly, WhlCh is not occurr:ng as consistently as we need.
In ~~01, Clearwater Fire and Rescue responded to l,~lO False Alarms (over 3 per day) In
:::,),,',.::, t:h': total climbed tc an all-~ime high of 1,550. In :::003 through August 18th, ~;e
cxrer:enced &~S false alarms. All of these are actual false alarms validated by
inves~igation of the responding officer at the incident. Our protocols account for real
ill'';' ,,:tllations dnd the instances :,;here alarms are activated in good faith, \-Je do not
c':Jflsi'le:' these to be false calls for reporting purposes.
\':h,::-. ,,','. ctl':lnns -1,::t1','-1t.::, an aut:mati,: response of vehicles .:lnd personnel is sent
clerer,'~l:l'] on si::,:, of thi;; b~lilding and natul'e Gf the call. The true costs to the
,i.:r,.:':'e::t f,..'1' r-:-sr",'ndin9" ead'l ,'i these typ-:-s of false emergen..::i.::s range from
''!'r :" ;~,cl" -;:.,r.n ~." .::,:r.", :It:.pf'r.'.!in~: ,:--n h01-1 r.drl~' resources are initially summoned)
Ther~ ~re other intangible costs ranging from emergency responders experiencing undo
stres1 during the actual response to the real risk of multiple emergency Vehicles
runnir.; "Code 3" to the traveling public. In addition, Hhile fire and rescue emergency
pel's(Jr,:~el and equipment are responding to tl)e false alarms, they become unavailable to
respG~~ to actual fire and EMS emergencies.
Originatimg Deportment: IFin: alld Rt:sclIt: Dcp:utmcnt
Categor'J ICoJ.: ,'\lIll:nJlIlclIl$ -.-\11
~ Section: IOtht:r itcl1IS 011 City Mannger Reports
.::J
~
~
Public H.Mring:
.=J
Number of Hard Copies attached:
~Revie'IJ.' Approval:(Signature indicates approval.)
11,,,'..101.... :kwld ,..~...~,).::\l\l; Ill' ;-
I ( " . I, ! ~! '\. .11.1 , I .; ~' lit': I!) \',.
Ie iall~ BIIIIIII'ad. nQ-2</.20111 I:' .Il'
11\11111"::.,, 1\\.\11,.',:,,; I.j (!Iii,:
-Additional Summary Space
Th.? rrcpos€,cj Cim>.:ndment to t:he current ordinance subjects busir-.ess ol-mers to c1 ;:i':il ~
rena::~ fer a class II ~iolation ($141.00 for fine plus court :csts) for the first
recurring offense if the violator chooses to not appear in co~r~ and not contest th~
',:i01i::,:ion. This a:n:.:;unt doubles \':ith the s.;,ccnd arId subsequent :'ecurrin? violations. The
C0sr~ ar~ hased on the court schedule of fees tor a class II ~~=lation ~nd are not
est'.I!:-lishe.J bi' :he Fiu~ [1.::r'cHtment ::::: tht:? .:::y. If ::-.e \'ioL)[::: Jces aFP""",r in:ourt, the
::~.. ::1~' "':",:t.:li.:::':~j ~ i:'.::.rJ.~tl~'/ ,:.f ~:;: :') ::;~I~~'~~J.:*It..-, 11-':: ':.:',~:-:j o!t€-r..-:=_ Th~ :ir~ dE'partment
doe~ ~c: ~ant t~ penali=e the resr0~sible bU1lding CI:ner, so :~e first ~alse alarm each
..:alerd",r }'eal' \:ill incur ne penalti' other than a c..::.u::tesy let:e:: of '.:a::r:ing abcut any
addi:lcnal alarms.
ease~ en the above statistics, we expect to generate approximately $100,000 the first
year. The tire department is proposing this ordinance change, ~ot as a lucrative revenue
sour'::"" but rather as an incentive to business o'.':ners to redu~,: false alarm activity. It
do.;,s IICt impact businesses that use cur sec:ices spari.ngly (b~' :-,ot assessing any charges
te. t:.,,-"a: : \:l,er';'~ls :;!I':: "",bu:::el" I.>Cl:;-" ::J nOlli::.r,,,,: f.,.c :1121t offset.:' :1',<2 hum3r; resource costs
for 1'll1i.:11 rhey ?en-?rate th". n,:.t':c1. ::<'Ition01l1.1', Juris:::!.:..ctions ::-.:H irnpo3.:: this specific
I. "'IiI."':' ~1...'\:,lll~' ~,.:.., -ill 111,1I1.~ji..:lt.~ '.!'::'::,,"d~'e 1:; ldl~;e ",:t1':lt'/ ::."-"~",,b:.:, reJucing any
dept':nrlable revenue source. Althollg~ si=ebbl~ 1nitia1. year re~,:~ues are projected, these
are expected to drop appreciably as businesses elim1nate or r.::j~ce improper false alarm
6cti':ity,
.
.=:J
Attached Documents:
If your Summary is greater than 4000 c/Jaracters you will be prompted to attach a separate document for the Summary.
Please enter the name of the attached summary above.
ORDINANCE NO. 7193-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FIRE ALARMS; AMENDING SECTION 5,21, CODE OF
ORDINANCES, TO DELETE THE DEFINITON OF "DATE OF
RECEIPT" AND MODIFY THE DEFINITION OF "FALSE ALARM";
AMENDING SECTION 5.24, CODE OF ORDINANCES, TO CHANGE
THE PENALTIES FOR A FALSE FIRE ALARM; AMENDING SECTION
5.25, CODE OF ORDINANCES, TO LIMIT THE NUMBER OF
COURTESY WARNINGS AND MODIFY THE PROCEDURES
RELATING TO THE ISSUANCE OF A CITATION: PROVIDING AN
EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 5,21, Code of Ordinances, is amended to read as follows:
Sec. 5.21. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Alann system means any mechanical, electrical, or radio-controlled device which is
designed to be used for the detection of fire within a building or structure or portion thereof, and
which emits a sound or transmits a signal or message when activated, The term does not
include smoke detectors connected to an alarm system that is a part of a single-family or two-
family structure, and the term does not include alarm systems installed in structures used by
government agencies for public purposes.
Alam1 user means the person in control of the premises wherein an alarm system is
maintained, If a lessee of the premises is responsible for ensuring the proper maintenance of
the alarm system, then the lessee shall be considered the alarm user,
Automatic telephone dialing device or digital alann communicator alann system means
an alarm system which is activated by a signal or message and which automatically sends a
prerecorded voice message or coded signal by microwave, telephone lines, or other mode of
transmittal directly to the county 911 line or directly to the police or fire department. indicating
the existence of an emergency situation that the alarm system is designed to detect.
Code enforcement officer means the fire chief or other employee of the fire department
designated to enforce the provisions of this article.
fJate-ef roceipt me~lAS;-for a residential user. the-eate-tt:laHAe-i'etum reccif)t-
a6C-eml*ffiYt~y certified mailiflg-eHfle.-flotice required to be senHe-tAe-atafffi user's
premise5-f*!fStJaAt to seotion 6.26(4) is signed oHfle-date-tt:lat any suc..fl.-AeUee-ts-delivered-te-
the-ataFm-User-perseflaHy-er--te-aAy-person 16 years of age orek:feHesidi~tMAe-alafffi-tJseF-
afteHAformffig-the-perseA--ef-the-ooAteAts-ef-the-neti~r-btJsiAess-alarflHlscrs, tAe-term-
meaAs-the-Gate-tfle-feturn receipt-aeeompaAyiAg-8Ay-c--ertifted-mailiAg-eHhe-flotiee-required-te-
be--senHe-the-alafffi-User!s-premises-pur-suaAt-to-seetio~(4Hs-signee-er-the-eate-any-stJeA-
notiee-is-delivere€He-afH)ffieer,a-direetor,a-general-partner-er-the-propr~etoref-tt:le-OOsiness,ef-
Ordinance No. 7193 -03
to-any-employee-if-an-offieer-;-a-direeter~ener-al-paFtner,--or-the-propfietor-is-not-present-en-the-
premises-;-a fter--netifying-the-employee-of-t he-<:--ontents-ef-the-netiee:--
False alarm means the activation of an alarm system through mechanical failure,
malfunction, improper installation, or the negligent or intentional misuse of the alarm system by
the alarm user or an employee, It may be presumed that the alarm was false if the enforcement
official finds, at the time of the fire response, no evidence of a fire-related emergency. An alarm
shall not be considered false if:
(a) The alarm system was activated under circumstances that would have caused a careful or
prudent person to believe that a fire-related emergency was in progress at the premises
protected by the alarm system; or
(b) The alarm system was activated by conditions clearly beyond the control of the alarm user,
including but not limited to severe weather conditions:. TeF
(c-t+he-alarm-user-<:-emplies-wiU=rseetion 6. 26(4) ,
Premises means any building or structure or portion thereof protected by an alarm
system. In the case of two or more buildings or structures or portions thereof on the same
property under the same ownership protected by alarm systems that are not connected to a
single control system, each building or structure or portion thereof shall be deemed to be
separate and distinct premises.
Same premises means at the same building or structure or portion thereof protected by
an alarm system, without regard to alterations therein, if the identity of the alarm user has not
materially changed since the last false alarm report. For example, but without limiting the
meaning of this definition, a bona fide sale of the premises or the business therein to a third
party or the replacement of a tenant by a different tenant shall be deemed a material change of
the identity of the alarm user.
Section 2. Section 5.24, Code of Ordinances. is amended to read as follows:
Sec. 5.24. False alanns prohibited; penalty for violation.
(1 ) False alarms shall be punishable in county court as provided in section 1,12(3). A
false alarm shall be subject to the civil penalty as provided for a class 11tH violation for the first
offense. Subsequent false alarms occurring at the same premises within the same calendar
year shall result in a doublinQ of the civil penalty as provided for a class II violation be-subjeet-tG-
tRe-etvH-penalties os previEied for c1<lss II viol<ltions for the seeond-false-alaffll;-aoo cl<lsS I
vielatteRs-fOf-tRe-tffird and e<lch subseqi:fent-false-alafm. FaIse-alafffi5-ShaH-also be punishable
oy--the-oode-enfereement-aeafd-as.--prevideG-iA-Seetien 2.211 et-se<r.
(2) It shall be a civil infraction for any person to install or continue to use a faulty alarm
system or to negligently maintain an alarm system in such a manner that the alarm system
generates false alarms, The first response to the alarm user's premises within any calendar year
determined to have been false shall result in the city's issuance of a written courtesy warning to
the alarm user. Anv additional EaOO false alarm~ occurring at the same premises after the date-
the-c-euftesy w<lrniRfJ-Was-mailed or deli~'ered and within the same calendar year as the date of
the first response shall constitute a separate civil infraction. In bringing a case before the county
court, it shall be immaterial whether false alarms are generated by a fault in an alarm system, by
the negligent maintenance of an alarm system or by some combination thereof,
2
Ordinance No. 7193-03
Section 3, Section 5.25, Code of Ordinances, is amended to read as follows:
Sec. 5.25. Response to false alanns; issuance of courtesy warnings and citations.
(1) Whenever an alarm system is activated within the city's jurisdiction. thereby requiring
a response to the premises, the code enforcement officer on the scene shall inspect the
premises, investigate the cause for the alarm, and determine whether or not the response was
in fact required. If the code enforcement officer determines the alarm to be false! the officer shall
prepare a false alarm report;, and a written courtesy warning shall be issued to the alarm user
by regular United States mail or hand delivery.
(2) The written courtesy warning shall notify the alarm user that any additional false
a I a rm s tfle.-tsst::faooe-ef-ene twe oouFtesy--wamings-euffilg-a-ealeneaF-yeaf-feUewed-by-ooe-er-
mer-e--false--alar-ms occurring at the same premises within the same calendar year as the date of
the first response ami-after-tfle--date-ttlc secoM-€ouFtesy-war-ning-was-maiIed-eHieHvered-may
shall result in a citation being issued to appear in county court,
(3) If the fire department responds to the activation of an alarm g1 ffOm the same
premises where the alarm user has been or was Qoinq to be issued maHeG-er-delivered-two ~
courtesy warnings. if the alarm occurs after-the-date-#le-atarflHlser-was-mailed-oHietiverea-the-
sec-ond-€euFtesy-waming-and within the same calendar year as the date of the first response,
and if after inspecting the premises and investigating the cause for the alarm, the code
enforcement officer determines the alarm was false. then the alarm user shall be issued a
citation to appear in county court uRIess-the-alarm-tlscr compties-with thc requiFeffleAts-ef-
subseetie~f-thiG secHeR.
(41--Pr-ior-te-isst::fing-a-eitatiOA;-a-C-ode-enfor-c-emeAt-effieer-s~vide notiee-ta-tAe-alafffi-
user-tAaHhe-alarfA-U5eHla5-€Gmmitted-a-civtt-iRfFaetteA-ane-shaH-pffi'lide the alarm user 15
days-fr-om-tAe-date--of-rec-eipt-{)HAe-netiee-te-preseflHe-the-ftr-e-aepaFtment-wfitten evidenee-
fffim-a-tieensed-alarm--eempany-thaHhe-oompany--Ras-inspeet.eEi-the-system-anEHflat--any-
defec-ts-ef-desigA;-tnstaHatien-or-eperattoA-OHhe-alafffi-5Ystem,--wflieh-are-taeotifiaete-as-tfle.-
c-ausc of tAe-false-alamr,--flave been coFfeGteG:--T-he-wFitten eviE:teflC-e-sflalHncludc OR-
admiRistmtive-fee-of $22. 50 te-oovcr the city's cost to review the inspection report. If the-alafffi-
u5er-fails-tG-prescnt such 'I/ritten evidence or f~ils to include the full ~dmfflistrative fee within the-
4-6-day-peFied-sG-f)ffivteed, thc code enfGroement-efftrer--WflG-fespondcd to thc false alarm shall
eause-te-be-fssued a citaooR-ta-tfle-.alarm user to appeaHn county court.
ill~ The issuance of ~ courtesy warnings to the alarm user is not intended to create
any rights in of the alarm user, The city could have issued a citation rather than a warning after
the first and secooo responses to the premises where the enforcement official determined no
response was in fact required. The issuance of ~ courtesy warnings is merely a courtesy offered
by the city to induce the alarm user to take corrective actions to prevent false alarms,
@(6) The code enforcement officer shall have the right to inspect any alarm system to
determine whether the alarm system is being used in conformance with the terms of this article.
3
Ordinance No. 7193-03
@t7) If code enforcement officers respond to the same premises more than once during
any eight-hour period, only one false alarm will be chargeable against the alarm user. For
example, if a false alarm occurs at the alarm user's premises at 2:00 a,m.. the next chargeable
false alarm could not occur until 10:01 a.m,
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Robert J. Surette
Assistant City Attorney
4
Ordinance No. 7193-03
-:tt 3~
~,€learwater City Commission
~~;::~~':~.;,:>:':~:0;:~ Agenda Cover Memorandum
Trackina Number: 249 Actual Date:
Subiect / Recommendation:
Approve the collective bargaining agreements as negotiated between the City of Clearwater and
Fraternal Order of Police, Lodge # 10 and Clearwater Supervisors, for Fiscal Years 2003/04,
2004/05, and 2005/06.
Summary:
The most recent collective bargaining agreements between the City of Clearwater and the
Fraternal Order of Pollee expired on September 30, 2003. City management staff and
representatives of F.O.P. met beginning June of 2003 to negotiate separately new contracts for
the rank and file and supervisor bargaining units. The parties reached tentative agreements on
October 1, 2003, and September 29, 2003, respectively. The Unions submitted the proposed
agreements to their individual memberships for ratification. The rank and file unit ratified by a
vote of 105 to 14 on October 14, 2003, and the supervisor unit ratified by a vote of 47 to 1 on
October 10, 2003.
These are three-year agreements at a total cost of approximately $2 million over the life of the
contracts. This amount will necessitate in FY 2003/04 a first quarter budget amendment to the
Police Department operating budget In the amount of approximately $140,000 from the
unappropriated retained earnings of the general fund.
The agreements contain the following provisions:
Wages & Compensation:
* Provide for step adjustments, a one-time lump sum bonus of either $250 or $500 to targeted
employees, and a 3% general wage increase effective October 1, 2003. Provide for 4% general
wage increase effective October 1, 2004, and October 1, 2005, in addition to maintaining
existing step merit pay increase plan.
Insurance:
* Maintain current Benefit Committee health insurance recommendation process and guarantee
continuation of at least one plan providing 100% coverage for employee-only health insurance
for duration of agreement,
Leaves of Absence:
* Maintain all current leave accruals and caps.
* Provide contract re-opener for parties to discuss Integrated Disability Management program.
Drug & Alcohol Policy:
* EstabJlish City-wide Drug and Alcohol Policy.
Oriainatilna: Human Resources
Section Other items on City M
Cateaorv: Agreements/Contracts - with cost
Public Hearing: No
ITina ,.',,;lson 10-10-2003 11:04:03
ILeSlie ~)olJgall-Sides 10-1 0-200:~1 '
ICyndie Goudeau 10.1G-2003 OS!'J0 X
IGarry Brumhack 10-1 !i-2003 1 G:OO
IBill Ho!ne 10-lG.2003 11'07.l5
"., ;.~\ I
\~ -,
3~
ORDINANCE NO. 7216-03
AN EMERGENCY ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO THE OPENING AND
CLOSING HOURS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS; AMENDING SECTION 6.29,
CLEARWATER CODE OF ORDINANCES, TO ADOPT THE
OPENING AND CLOSING HOURS ESTABLISHED BY THE
BOARD OF COUNTY COMMISSIONERS OF PINELLAS
COUNTY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
AUTOMATIC REPEAL.
WHEREAS, the Board of County Commissioners of Pinellas County recently adopted
amendments to the hours of sale for all alcoholic beverages and the hours of operation for
alcoholic beverage establishments within Pinellas County;
WHEREAS, those hours now differ from those currently contained in Section 6.29,
Clearwater Code of Ordinances;
WHEREAS, there now exists a lack of uniformity for the hours of sale of alcoholic
beverages and the opening and closing hours of alcoholic beverage establishments located
within the City of Clearwater and the opening and closing hours of those establishments located
outside the City;
WHEREAS, the City Commission, therefore, finds and declares that an emergency exists
sufficient to warrant the adoption of this ordinance on an emergency basis as authorized by
Section 2.09(e) of the City Charter and by Section 166.041, Florida Statutes;
WHEREAS, the City of Clearwater wants to amend its hours for sale of alcoholic
beverages and its opening and closing hours for all alcoholic beverage establishments located
within the City of Clearwater to conform with those recently adopted by the Board of County
Commissioners of Pine lias County; and
WHEREAS, the City of Clearwater wants to adopt the language currently contained in
Chapter 6, Article II, Sections 6-29 and 6-30 of the Pinellas County Code of Ordinances; now
therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6.29, Code of Ordinances, is amended to read as follows:
Sec. 6.29. Closing hours.
The opening and c10sinq hours for all alcoholic beveraoe establishments and the hours for
sale of alcoholic beveraoes shall be those established bv Chapter 6, Article II. Sections 6-29 and 6-
30 of the Pinellas County Code of Ordinances, or amendments thereto.
(1) There ar~ hereby ostablished the following hours of closing for all alcoholic beverage
establisRmeflttr.
Ordinance No. 7216-03
(3) ^\.GeAeHe-Seve~e est391ishmonts--sAall not sell or 3110w-te-be served-er constlmcd on
the premises, and no person sh311 consume on the premises of afljl-SUGR-estabUsAFfleRf;--afly
31cohoUc bevora€}e-BetweeA-the-AetJfS-ef 2:00 3,m. 300 8:00 a,m. oA-aAy-Gay-ef-tfle..-week-exGef3t
StffiGay:.
(b ) ^\.GeAeliG-geve~e esta blisAmeRtS-SAcill--Aot-seU-er-ffitew-te-be--sefVed-Gr-ooA6tlFfl~
the premices, aAG-AO persoR--6Aali-GoAWFfle-oA-the premises-Gf-aAy-6uGA-estabHsAFfleAt,-aRY
alooAetic bevor3€}e-BetweeA-tAe-Aeuf6-Gf 2:00 3.m.-a~0 p.m. OA-aAy-Suooay.:.
(2) AdditieRat-Hmitations:
~AlcoholiG-bevera€Je-e6taGlisAmeflts-tiGeRsed for tAe-saIe-ef-beef;-WiAe-of-Ii€lUOF-fef
OOflwmption off.-tfle.-pfeffiises only shall-Aot sell:
-1-:---Beer-Gf-Wine between the hoof6.-ef 12:00 miGRi€}At-a~O a.m. eaGh
weekGay,aAG-GetweeR--tAe-Reuf6.-ef 12:00 midfligRt-Sattlf-Gay-aflG-+:GG-p. m, on SUAday.i-Gf
2. Liql:ler between tho hours of 12:00 midnight aA~Gh-weekGay, and
between the-Reurs of 12:00 mi~t-Sattlrday and 8:00 a.m. Monday.
(b) EstablisAmeflts-licensed to sell alcoholic beVefa€Je6-fef-GOA6tl~tiefH)A-tRe-J*Gm+ses
sRaIHlet--seH-lKttlef-betweeR-tRe hours of 1: 00 p.m. SUAday--a~Aaay for COnstlmfltieA
eff--the premise61-hewever,5tlGA-establisAmeRts may sell pa6ka€Jed-beGf-Gf-WiAe-Gw:iR€J-6tlch hours
fer-Gensumption off tho premises,
(3) The plaAning and zoning b03rd or the city commission, 3S a condition of approval of a
conditional use awlication or a variance from tho sep3ration requiremonts, rospectively, may
impose e3rlior closing hours or 13ter opening hours or both if slJGA-GeRGition is deemed by the
beard or commission to be re3son3bly rol3ted to one or more of the Gfiteri3 reEJtlired to be met for
such conditieAal use approval or varia~n such C3ses, the violaoon of the condition shall be
deemod a violation of this section, and tho cit3tion or notice of violation Sh3~ACludo 3 reference to
subsection (3) of this coction,
Section 2, This ordinance shall take effect immediately upon adoption.
Section 3. This ordinance shall stand repealed 90 days following the date of adoption
unless sooner repealed by a nonemergency ordinance on the same subject adopted prior to such
date.
PASSED ON FIRST AND FINAL
READING AND ADOPTED AS AN
EMERGENCY ORDINANCE
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7216-03
f \ -)
\ 1...-,
3Sb
ORDINANCE NO. 7217-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE OPENING AND CLOSING HOURS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS; AMENDING SECTION
6.29, CLEARWATER CODE OF ORDINANCES, TO ADOPT THE
OPENING AND CLOSING HOURS ESTABLISHED BY THE BOARD
OF COUNTY COMMISSIONERS OF PINELLAS COUNTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wants to amend its opening and closing hours for all
alcoholic beverage establishments located within the City of Clearwater to conform with those
established by the Board of County Commissioners of Pinellas County; and
WHEREAS, the City of Clearwater wants to adopt the language currently contained in
Chapter 6, Article II, Sections 6-29 and 6-30 of the Pinellas County Code of Ordinances; now
therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
. CLEARWATER, FLORIDA:
Section 1. Section 6,29, Code of Ordinances, is amended to read as follows:
Sec. 6.29. Closing hours.
The openinq and closinq hours for all alcoholic beveraqe establishments and the hours for
sale of alcoholic beveraqes shall be those established bv Chapter 6, Article IL$ections 6-29 and 6-
30 of the Pinellas County Code of Ordinances. or amendments thereto.
(1) There ::Ire hereby est::lblished the following hOUf6 of clOE:ing for ::III ::Ilcoholic beverage
est::lblishments:
(::I) Alcoholic beverage establishmonts shall not sell or allow to be served or consumed on
the premises, and no person shall consume on the premises of any such establ~Rt.aAY
alcoholic beverage bet\'1een the hours of 2:00 a,m. and 8:00 ::I.m. on any day of tho '.\leek except
Sunday.
(b) Alcoholic beverage ostablishmeRt&-shall not sell or allow to be served or consumed on
the premises, and no person shall consume on the premisos of any such establishment, aAY
alcoholic bever::lge between the hours of 2:00 a.~G-1-;QO p.m, on a~~
(2) .^,dditionallimit::ltions:
(::J) Alcoholic beverage establishments licensed for the sale of beer, wine or liquor fof
OOflSHmption off the premises only shall not sell+
1, Beer or 'Nine between the hours of 12:00 midnight and 8:00 a.m. oach
weokday-,and between the hours of 12:00 midnight SatHfday-and 1 :00 p, m, on SundaYT9F
2. Liquor between the hours of 12:00 midnight aRd-8:00 a.m. each weekday, and
between the hours of 12:00 midnight Saturday and 8:00 ::I.m, Monday.
(b) Establishments licensed to sell alcoholic beverages for consumption on the premises
sRaU-Ret-se<<-tiquor between the hours of 1: 00 p.m. Sunday-and 8:00 a.m. Monday for consumption
eff-tAe premises; however, such establishments may sell packaged beer or wine during such hours
fGf-OOfl~tion off the premise&:-
Ordinance No, 7217-03
(3) The planning and zoning board or the city commission, as a condition of approval of a
conditional Uf:e :lpplication or a variance from the separation requirements, respectively, m:lY
impose earlier closing hours or later opening hours or both if such condition is deemed by the
board or commission to be rea60nably related to one or more of the criteria required to be met for
wch conditional use approval or v:lriance. In such cases, the violation of the condition 6hall be
deemed :l violation of this section, and the citation or notice of violation shall include a ref{)rence to
subsection (3) of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7217-03