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11/06/2003 CITY COMMISSION MEETING 11/06/03 NOTE: 11/03/03 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, November 6,2003 - 6:00 P.M. - Commission Chambers 1. Invocation - Reverend Donna Oberkreser of Central Christian Church. 2. Pledge of Allegiance - Mayor. 3. Introductions, Awards and Presentations - Given. a) Light Your Library - Judy Melges b) We Care Fund - Jim Geary c) Clearwater Jazz Holiday - Wayne Garcia 4. Approval of Minutes - Regular Meeting October 16, 2003 - Approved as submitted. 5. Citizens to be heard re items not on the Agenda Rev. Flovd gave an opinion re Terri Schiavo, a comatose patient. PUBLIC HEARINGS 6. Public Hearing & First Reading Ordinance 7195-03, 7196-03 & 7197-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County Light Manufacturing and Industry District (MI) to the City Industrial, Research and Technology District (IRT) for 2160 Range Road (A portion of Lots 15 and 16, Pinellas Groves in Sec 12-29-15). ANX2003-08017 (Weaver Enterprises, Inc.) ACTION: Approved. Ordinances passed 1 st reading. 7. Public Hearing & First Reading Ordinance 7198-03, 7199-03 & 7200-03 - 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 500 Dora Drive (Lot 92, Rolling Heights in Sec 07-29-16). ANX2003-08018 (Hayden D. & Amy J. Beatty) - ACTION: Approved. Ordinances passed 1 st reading. 8. Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee"), being a 10-foot wide Easement Area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the SW1/4 of the SE1/4 of Sec. 03-29-15, as more specifically described in said Utility Distribution Easement. (PW) ACTION: Approved. Public Hearing - Second Reading Ordinances 9. Ordinance No. 7176-03 - Approve the Petition for Annexation of property located at 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-07014 - Charles R. Smalley) ACTION: Ordinance adopted. 1.0. Ordinance No. 7177-03 - Approve Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-07014 - Charles R. Smalley) ACTION: Ordinance adopted. C..Jmmission Action Agenda 2003-11-06 1 11/6/03 11. Ordinance No. 7178-03 - Approve 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: Ordinance adopted. 12. Ordinance No. 7179-03 - Approve the Petition for Annexation of property located at 910 Berkley Place (Lot 9, Blk A, Palmetto Terrace in Section 07-29-16) (ANX2003-07015 - Lawrence A. and Susan Walther) ACTION: Ordinance adopted. 13. Ordinance No. 7180-03 - Approve Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16) (ANX2003-07015 - Lawrence A. and Susan Walther) ACTION: Ordinance adopted. 14. Ordinance No. 7181-03 - Approve 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. and Susan Walther) ACTION: Ordinance adopted. 15. Ordinance No. 7184-03 - Approve the Petition for Annexation of property located at 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15) (ANX2003- 07016 - Steve G. and Rebecca L. Rainwater) ACTION: Ordinance adopted. 16. Ordinance No. 7185-03 - Approve Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15) (ANX2003-07016 - Steve G. and Rebecca L. Rainwater) ACTION: Ordinance adopted. 17. Ordinance No. 7186-03 - Approve Zoning Atlas Amendment from tile 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 Sec. 24-29-15) (ANX2003- 07016 - Steve G. and Rebecca L. Rainwater) ACTION: Ordinance adopted. 18. 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: Ordinance adopted. 19. 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: Ordinance adopted. 20. Ordinance No. 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: Ordinance adopted. Commission Action Agenda 2003-11-06 2 11/6/03 CONSENT AGENDA (Items 21-29) - Approved as submitted. 21. 22. ~~3, 21" 'Jr.' roO, 20. 27. 28. 29. Approval of Purchases per Purchasinq Memorandum: a) Duval Ford, Jacksonville. Florida - Sixteen (16) 2004 Ford Crown Victoria Police Cruisers for $385,952., funding to be provided under City's Master Lease-Purchase Agreement. (SWIGS) b) Solei I Systems, Lutz, Florida - Purchase contract for fixed library shelving including installation for $163,308.36 (LIB) c) Wingfoot Commercial Tire, Clearwater, Florida - Service contract for Tire repair and inspection service during the contract period: 01/01/04 thru 12/31/04 for $124.000. (SWIGS) Declare surplus to the needs of the City and authorize disposal through Tampa Machinery Auction. Tampa, Florida, or donation to UPARC, Clearwater, Florida, various items of vehicles and equipment. Authorize the additional amount of $50,000. to continue the services of Deborah Brown, Exq., of the law firm of Thompson. Sizemore & Gonzalez to assist the City in contract negotiations with the International Association of Fire Fighters (IAFF). (HR) Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from 12/01/03 to 11/30104, a one (1) year contract period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. (MR) Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to facilitate Clearwater Golf Associates, Inc. securing a loan from Premier Community Bank of Florida for previously agreed upon improvements to the Clearwater Executive Golf Course and authorize the appropriate officials to execute same. (PR) Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $103,545. for funding of three (3) teen programs and authorize the appropriate officials to execute same. (PR) Authorize settlement of Mehr/Pearn, et al. v. City of Clearwater et aI., U.S. District Court Case No. 8:02-CV-1313-T-24TBM, a claim alleging constructive discharge, seeking a name clearing hearing, and alleging public records violations, and Mehr/Pearn v. City of Clearwater, Circuit Court Case No. 02-6690-CI-7, a claim alleging public records violations, In the total amount of $15.000. (CA) Appoint Sheila Sullivan to the Beautification Committee (ORLS) Appoint Mattie Whitson to the Community Relations Board (ORLS) OTHER ITEMS ON CITY MANAGER REPORT 30. Adopt Resolution 03-40 - Rescinding Resolution 00-21 and authorizing certain City staff to sign Florida Department of Transportation permit applications. ACTION: Approved. Resolution adopted. 31. First Reading Ordinance 7213-03 - Approve amendments to Chapter 51, Code of Ordinances to provide for various minor revisions to the City's floodplain management regulations as recommended by the Federal Emergency Management Agency. ACTION: Approved. Ordinance passed 1 st reading. Commission Action Agenda 2003-11-06 3 11/6/03 32. IAFF Union Negotiations Update - Given. 33. Other Pending Matters- None. CITY ATTORNEY REPORTS 34. Other City Attorney Items - None. 35. City Manager Verbal Reports Discussion re decorative street lighting in neighborhoods. Direction given for staff to develop a program. 36. Commission Discussion Items Hibbard said it was good to see the transformation at the Beach Club on Sand Key; noted Jazz Holiday was great; attended reopening of Ruth Eckerd Hall; looked forward to opening of new Memorial Causeway Bridge; thanked RCS Food Pantry for tour of facility. Grav said proceeds from CHIP gala approaching $37,000; noted Moccasin Lake Nature Park has range of events; noted two visiting Japanese teachers from Sister City will attend CC meeting on 11/20 and Sayonara party on 11/18; and daughter Allie turns 13. Jonson congratulated wife's relative on being elected to Jeffersonville, Indiana Council; attended Mainstreet conference in St. Pete; participated in RCS Food Pantry tour; attended with Hibbard welcoming party for new conductor of Florida Orchestra; attended Ruth Eckerd Hall reopening; attended Doorways celebration at Tropicana Field. Hamilton noted number of grand openings and re-openings over last 3 weeks including Fulton Avenue Apartments and Clearwater Mall; gave special recognition to Ruth Eckerd Hall re its spectacular renovation and congratulated his brother for his involvement; noted Chamber has formed task force to address alarming increases in beach property values and taxes resulting in small businesses being forced to sell to developers for condos. AunQst said the Convention & Visitors Bureau is concerned re increases in beach property values; attended many of the same events as other Commissioners; thanked Sembler Company for tremendous job with Clearwater Mall. 37. Other Commission Action: a) City Attorney Salary Adjustment AND b) City Manager Salary Adjustment ACTION: Approved 4% increases for City Attorney and City Manager. 38. Adjournment - 7:20 p. m. Commission Action Agenda 2003-11-06 4 11/6/03 AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 6, 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. Introductions, Awards and Presentations a) Light Your Library - Judy Melges b) We Care Fund - Jim Geary c) Clearwater Jazz Holiday - Wayne Garcia 4. Approval of Minutes - Regular Meeting October 16,2003 5. 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. 6. Public Hearing & First Reading Ord. 7195-03, 7196-03 & 7197-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County Light Manufacturing and Industry District (MI) to the City Industrial, Research and 1 t. -06-03 Commission Agenda 1 Technology District (IRT) for 2160 Range Road (A portion of Lots 15 and 16, Pinellas Groves in Sec 12-29-15). ANX2003-0S017 (Weaver Enterprises, Inc.) 7. Public Hearing & First Reading Ord. 719S-03, 7199-03 & 7200-03 - 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 500 Dora Drive (Lot 92, Rolling Heights in Sec 07-29-16). ANX2003-oS018 (Hayden D. & Amy J. Beatty) 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 8. Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee"), being a 10-foot wide Easement Area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the SW1/4 of the SE1/4 of Sec. 03-29-15, as more specifically described in said Utility Distribution Easement. (PW) Public Hearing - Second Reading Ordinances 9. Ord No. 7176-03 - Approve the Petition for Annexation of property located at 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-o7014 . Charles R. Smalley) 10. Ord No. 7177-03 - Approve land Use Plan Amendment from County Residential Low (Rl) to City Residential Low (Rl) for property located at 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15) (ANX2003-o7014 . Charles R. Smalley) 11. Ord No. 717S-03 - Approve 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) 12. Ord No. 7179-03 - Approve the Petition for Annexation of property located at 910 Berkley Place (Lot 9, Blk A, Palmetto Terrace in Section 07-29-16) (ANX2003. 07015 . Lawrence A. and Susan Walther) 13. Ord No. 7180-03 - Approve Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16) (ANX2003-o7015 . Lawrence A. and Susan Walther) 14. Ord No. 7181-03 - Approve Zoning Atlas Amendment from the County R-3, Single- Family Residential District. to the City LMDR, low Medium Density Residential 11-06-03 Commission Agenda 2 District for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16) (ANX2003-o7015 - Lawrence A. and Susan Walther) 15. Ord No. 7184-03 - Approve the Petition for Annexation of property located at 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15) (ANX2003-o7016 - Steve G. and Rebecca L. Rainwater) 16. Ord No. 7185'()3 - Approve Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15) (ANX2003-07016 - Steve G. and Rebecca L. Rainwater) 17. Ord No. 7186'()3 - Approve 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-o7016 - Steve G. and Rebecca L. Rainwater) 18. Ord No. 7163'()3 - 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. 19. Ord 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. 20. Ord No. 7217-03 - Relating to the opening and closing hours for Alcoholic Beverage Establishrnents and to adopt hours established by the Board of County Commissioners. CONSENT AGENDA (Items 21-29) 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. 21. Approval of Purchases per PurchasinQ Memorandum: a) Duval Ford, Jacksonville, Florida - Sixteen (16) 2004 Ford Crown Victoria Police Cruisers for $385,952., funding to be provided under City's Master Lease-Purchase Agreement. (SWIGS) b) Solei! Systems, Lutz, Florida - Purchase contract for fixed library shelving including installation for $163,308.36 (LIB) c) Wingfoot Commercial Tire, Clearwater, Florida - Service contract for Tire repair and inspection service during the contract period: 01/01/04 thru 12/31/04 for $124,000. (SWIGS) 22. Declare surplus to the needs of the City and authorize disposal through Tampa Machinery Auction, Tampa, Florida, or donation to UPARC, Clearwater, Florida, various items.of vehicles and equipment. 23. Authorize the additional amount of $50,000. to continue the services of Deborah Brown, Exq., of the law firm of Thompson, Sizemore & Gonzalez to assist the City in contract negotiations with the International Association of Fire Fighters (IAFF). (HR) 24. Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from 12/01/03 to 11/30/04, a one (1) year contract period, for the collection of daily t 1-06-03 Commission Agenda 3 launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. (MR) 25. Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to facilitate Clearwater Golf Associates, Inc. securing a loan from Premier Community Bank of Flo:-ida for previously agreed upon improvements to the Clearwater Executive Golf Course and authorize the appropriate officials to execute same. (PR) 26. Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $103,545. for funding of three (3) teen programs and authorize the appropriate officials to execute same. (PR) 27. Authorize settlement of Mehr/Pearn, et al. v. City of Clearwater et aI., U.S. District Court Case No. 8:02-CV-1313-T-24TBM, a claim alleging constructive discharge, seeking a name clearing hearing, and alleging public records violations, and Mehr/Pearn v. City of Clearwater, Circuit Court Case No. 02-6690-CI-7, a claim alleging public records violations, in the total amount of $15,000. (CA) 28. Appoint Sheila Sullivan to the Beautification Committee (ORLS) 29. Appoint Mattie Whitson to the Community Relations Board (ORLS) OTHER ITEMS ON CITY MANAGER REPORT 30. Adopt Res. 03-40 - Rescinding Res. 00-21 and authorizing certain City staff to sign Florida Department of Transportation permit applications. 31. First Reading Ord. 7213'()3 - Approve amendments to Chapter 51, Code of Ordinances to provide for various minor revisions to the City's floodplain management regulations as recommended by the Federal Emergency Management Agency. 32. IAFF Union Negotiations Update. 33. Other Pending Matters CITY ATTORNEY REPORTS 34. Other City Attorney Items 35. , City Manager Verbal Reports 36. Commission Discussion Items 37. Other Commission Action: a) City Attorney Salary Adjustment b) City Manager Salary Adjustment j 38. Adjournment 11-06-03 Commission Agenda 4 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cyndie Goudeau, City CI@ SUBJECT: Follow up from November 3, 2003 Work Session COPIES: William B. Horne, City Manager DATE: November 4. 2003 In response to a question raised at the November 3 Work Session, the following answer is provided in final agenda order: Item #31 - Ordinance 7213-03 - Approve amendments to Chapter 51, Code of Ordinances regarding floodplain management regulations - Information was requested about plastic being allowed as a non-supporting wall in the floodplain. Information from the FEMA web site indicates their rules specify wood only. However, if something else is proposed, it must have a certification by a professional engineer that the design loading resistance is between 10 and 20 pounds per square foot. This is addressed later in the current code section. A revised copy of Ordinance 7213-03 is provided. Please note the revision (highlighted) on page two. A definition needed to be added. . ~~ater u~ C it Y Com m is s ion Agenda Cover Memorandum Tracklno Number: 257 Actual Date: 11/06/2003 Sublect / Recommendation: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Industrial Limited (Il) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County M1, Light Manufacturing and Industry District, to the City IRT, Industrial, Research and Technology District for 2160 Range Road (A portion of Lots 15 and 16, Pinellas Groves in Section 12, Township 29 South and Range 15 East); and PASS Ordinances #7195-03, #7196-03 & #7197-03 on first reading. SummarY: The subject property is located at the northwest corner of the intersection of Range and Belcher Roads. The applicant Is requesting this annexation to receive City sewer and water service and to construct a 37,000 square foot building to city standards. The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation Is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3. 15-acres In area and is currently vacant. It Is proposed that the property have a Future land Use Plan designation of Industrial Umlted (Il) and a zoning category of IRT, Industrial, Research and Technology. 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 Plnellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Plnellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2003-08017) for the complete staff analysis. The Community Development Board will review this proposed annexation at Its regularly scheduled meeting on October 21, 2003. The Planning Department will report the Board's recommendation at the Commission meeting. Originating: Planning Section Quasi-judicial public h Category: Annexations, Land Use Plan and Zoning Number of electronic documents 5 attached: Public Hearing: Yes PLO 1- t ~h! 1I~ City Com mission Agenda Cover Memorandum Advertised Dates: 10/12/2003 11/02/2003 Flnanclallnformlltlnn: Review Aoproval leslie Douoall-Sides Garrv Brumback C:vndlp. Gnlldp.illI Bill Hnrnp. 10-22-2003 10-23-2003 10-23-2003 10-24-2003 11:42:04 . 15:33:48 15:50:12 17:26:23 . COB Meeting Date: October 21. 2003 Case Number: ANX2003-08017 Agenda Item: F4 CITY OF CLEARWATER PlANNING DEPARfMENT STAFF REPOIU BACKGROUND INFORMATION: OWNERlAPPUCANT: REPRESENTATIVE: LOCATION: REQUEST: SITE INFORMATION PROPERlY SIZE: DIMENSION OF SlI'E: PROPERlY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICf: Current District: Proposed District: EXISTING J. C. Weaver Steve Toutant 2160 Range Road, located on the north side of Range Road, at the northwest comer of the Range Road and Belcher Road intersection. a. Annexation of 3.15-acres to the City of Clearwater; b. Land Use Plan amendment from the Industrial Limited (IL) Category (County) to the Industrial Limited (IL) Category (City of Clearwater); and c. Rezoning from the M-l, Light Manufacturing and Industry District (County) to the IRT, Industrial, Research, Technology District (City of Clearwater). 137,214 square feet or 3.15 acres 538 feet wide by 250 feet deep m.o.!. Vacant Office/warehouse Industrial Limited (IL) Industrial Limited (IL) MI, Light Manufacturing and Industry District (County) IRT, Industrial, Research and Technology District (City) Staff Report - Community Development Board -- October 21, 2003 - Case ANX2003-080 17 - Page 1 SURROUNDING USES: North: Light Manufacturing South: Warehouse East: Open Space West: Outdoor Retail Sales and Service ANALYSIS: The subject property is located at the northwest comer of the intersection of Range and Belcher Roads. The applicant is requesting this annexation to receive City sewer and water service and to construct a 37,000 square foot building to city standards. The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3. IS-acres in area and is currently vacant. It is proposed that the property have a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of IRT, Industrial, Research and Technology. A. IMPAcrON CITY SERVICES: [Section 4-604.FI] Water and Sewer: Sewer and water service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer and water lines are located in the adjacent Range Road right-of-way. The applicant is aware of the assessment fee and the impact fee payments required for sewer and water 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 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 there are currently 56 patrol officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is located at 285 I 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 Emergencv Medical Services: Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The Fire Department will be able to serve this property and the ~nexation will not adversely affect fire and EMS service and response time. 1n summary. the proposed annexation will not have an adverse effect on public facilities and their level of service. B. cn~SISTENCY WInlCfIY'S COMPREIlENSIVEPLAN: [Section 4-604.F.l] Stst)' Report - Community Development Board - October 21, 2003 - Case ANX2003-080 17 - Page 2 The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Industrial Limited (IL). 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 limited industrial manner; and so as to encourage the reservation and use of consolidated areas for industrial use in a manner and location consistent with surrounding uses, transportation facilities and natural resource characteristics. The annexation does not propose to change the Industrial Limited (IL) plan category and the proposed use is consistent with the uses and density of this plan category. Further, the annexation promotes the following objectives of the Future Land Use Element of the Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the ClealWater 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 DEVEWPMENT wrm COMMUNITY DEVEWPMENT CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.] As stated earlier, the application for annexation involves a vacant parcel of land. The property is 538 feet in width and 137,214 square feet in lot area. The appropriate zoning district based on the surrounding area and the Future Land Use is the ffiT, Industrial, Research and Technology District. Under the current IRT zoning district provisions, a minimum lot width of 200 feet and a minimum lot area of 20,000 square feet are required. The subject property exceeds the minimum dimensional requirements of a standard development in the IRT District and is therefore consistent with the Community Development Code. D. CONSISTENCY WITII THE COUN1YWIDE PLAN: There is no change requested in the Comprehensive Plan category of the site, which will remain Industrial Limited (IL) with a maximum FAR of 0.65. E. CONSISTENCY WITII PINEILAS COUNIY: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas County staffs have reviewed this annexation and detennined 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 north, south, east and west 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 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: Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08017 - Page 3 There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDA nONS: The proposed annexation can be served by City of Clearwater services, including water, sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant is aware of the required sanitary sewer and water impact and assessment fee payments and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and proposed 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 proposed use of this site as an office and warehouse is consistent with the IRT zoning district. Finally, the proposed annexation is consistent with Pinellas County law regarding voluntary annexation. 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 2160 Range Road. Recommend APPROVAL of the Industrial Limited (IL) category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the IRT, Industrial, Research and Technology 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:\PItMniflg D~pat1mDlt\C D BIA MuationslANX - 20031.4 NX200J.080/7 J.C. "'~Q\leT 2/60 Range RellA NX200J.(}80/7 x: W~avu strffrtport.doc Staff Report - Community Development Board - October 21,2003 - Case ANX2003-08017 - Page 4 , \ -.. 11 I r,. = I 'OiOi~ .. .r Location Map Owner: Weaver Enterprises, Inc. Case: A NX2003-0BO 17 Site: 2160 Range Road Property Size (Acres): 3.15 Land Use Zoning PIN: 12/29/15/70182/100/1500 From: IL M-1 (County) To: IL IRT A tlas Page: 2716 Aerial Photograph Owner. Weaver Enterprises, Inc. Case: A NX2003..()80 17 Site: 2160 Range Road Property Size (Acres): 3.15 land Use Zoning PIN: 12/29/15/70182/100/1500 From: IL M-1 (County) To: IL IRT A tlas Page: 271B I I I I Ma "! I~ I n : ufa ! I . I C :-..--,1 I -----.----..- tori ng Outd o olfln 1501 door Recre anon -..--..--..... I I ..--....---... ,---....--..-, . , ~igbt lAss~ 1mb1y , , : ' , I , '0 ' '. I ,---....-..- '" Offi, , , , , " .1, :ce : , , , , ......... ;...... , , ~.. ..' ~ ;:; Ma~ '" .0-....: , , llua :-- , , .--cu-:__ u-tiui- -, i ~g , , -' :! -----" Warehouse r------......................-....-: . , , . '. ..roo ._.....~ I : .~.._..._~ ......----.............-_.........1 :-.--........-: 1----...-----.. _.._..f- : Existing Surrounding Uses Owner: Weaver Enterprises, Inc. Case: ANX2oo3-Q8017 Site: 2160 Range Road Property Size (Acres): 3.15 Land Use Zoning PIN: 12/29/15/70182/100/1500 From: IL M-1 (County) To: IL IRT Atlas Page: 271B Weaver Entelprises, IncANX2003-08017 2160 Range Road ORDINANCE NO. 7195-03 ,. I /'~.1 /_ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF RANGE ROAD AND BELCHER ROAD, CONSISTING OF A PORTION OF LOTS 15 AND 16, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2160 RANGE ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto (ANX2003-08017) 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: ,.- p"" , " ,/ /(. , . Ii' . '{ . '\,' )( , . I . . .,f ...,' " I '."'- I\. ( '." , \ Leslie K. Dougall-Sides', Assistant City Attorney' .... " /' , ., , .( Cynthia E. Goudeau City Clerk Ordll1ance No. 7195-03 Legal Description for ANX2003-08017 That part of Lots 15 and 16, lying north of the north right of way of Range Road, west of the west right of way of Belcher Road and south of the south right of way of S.C.L Railroad, being in the northeast ~ of Section 12, Township 29 South, Range 15 East, Pinellas Groves, as recorded in Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida, being more particularly described as follows: From the east ~ corner of Section 12, Township 29 South, Range 15 East, run thence NOoo13'22"W, along the east section line of said Section 12, also being the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of said Belcher Road and Range Road, thence run N89020'02"W, along the centerline of Range Road, also being a 40-acre line, 55.00 feet, thence NOoo13'22W, 40.00 feet to a point lying on the north right of way of Range Road for the point of beginning; thence N89020'02"W along said north right of way 538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet; thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00 feet to a point lying on the west right of way of Belcher Road; thence run SOoo13'22"E along the west right of way, 227.42 feet to a point lying on the north right of way of Range Road and also being the point of beginning. Containing 137500.3059 square feet of 3.1566 acres more or less . ......----_....... I.... .................. : ~............ "'., . , I .', , , , , , . I... ..' , , , . , : J.. . ' .-' ~ '_..._--~ Owner: Site: From: To: ":1, .:,. .: , .., , , 15p0 , , 157!(' -" ~ ......... " "...... . , IfiIJ "'.. .' ~ OJ ~ (') ~ ::0 o 1501 .."''' .. ........ ... <> '" ~ <> .. .;:;--..... <> '" ;:; ~ ~ '" '" ~ : ............-: . . , ,"" ,'" ...", ... ... ... ... ... "" ... _tOO ........ .................. ~ -,......... ........ ~ I"'.............. !. Proposed Annexation ! Weaver Enterprises. Inc. I I I 2160 Range Road , Case: ANX2003-080 17 Property Size (Acres): 3.15 Land Use Zoning PIN: 12/29/15/70182/100/1500 IL M-l(Counly) IL IRT Alias Page: 271B Exhibi t "A" Ordinance No. 7195-03 ORDINANCE NO. 7196-03 J. :. \ .' / .'- L- 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 NORTHWEST CORNER OF RANGE ROAD AND BELCHER ROAD, CONSISTING OF A PORTION OF LOTS 15 AND 16, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2160 RANGE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (ANX2003-08017) Land Use Cateqorv Industrial Limited 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. 7195-03, 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 Appr9ved as to for!Jl;" , /. ( . . '., ,,'i //"'J' Ii. /f'.*~. '1'" .- '. .{ !'. ... (. '.' I....:' (_. '..~'\ l.." 10 f'( '.'t. " Leslie K. Dougall-Sides ) Assistant City Attorney' . Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7196-03 Legal Description for ANX2003-08017 That part of Lots 15 and 16. lying north of the north right of way of Range Road. west of the west right of way of Belcher Road and south of the south right of way of S.C.L Railroad, being in the northeast X of Section 12: Township 29 South. Range 1.5 East. Pinel/as Groves, as recorded in Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida, being more particularly described as follows: From the east Ys corner of Section 12, Township 29 South, Range 15 East, run thence NOoo13'22"W, along the east section line of said Section 12, also being the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of said Belcher Road and Range Road, thence run N89020'02"W, along the centerline of Range Road, also being a 40-acre line, 55.00 feet, thence NOQo13'22W, 40.00 feet to a point lying on the north right of way of Range Road for the point of beginning; t:,ence NS9020'02"W along said north right of way 538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet; thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00 feet to a point lying on the west right of way of Belcher Road; thence run SOQo13'22"E along the west right of way, 227.42 feet to a point lying on the north right of way of Range Road and also being the point of beginning. Containing 137500.3059 square feet of 3.1566 acres more or less . J5~0 157.~'" . , ". /-. .. , "..... .' , I .-"''' ..- , . ... ......." .................. ! . \ '/ J V/' #/\.f1 INS 1501 ._......... 4""., : . . .. .. ............. .. .. tOo .. .................. : . , ...........- . . . . , . . tOo". :...' o ... r; . 0 . .. 1.._.._..- ... o '" r; ~ ;:; '" ... r; ........... -. . . I" , , . - -. . , -, . I.....--......_~ IL ;.. ...... ......... ... .. ..... .. ....... .. ...... -: , . , . : . . . . . --..-----..........---........., - . . . . . , . . , , . , , J. , .:, In un_" '- , .-....................... .. ..... . Future Land Use Map Owner: Weaver Enterprises. Inc. Case: Site: 2160 Range Road Property Size (Acres): Land Use Zoning PIN: From: IL M-l (County) To: IL IRT Atlas Page: ANX2003-080 17 3.15 12/29/15/70182/100/1500 271B Ordinance No. 7196-03 ORDINANCE NO. 7197-03 ) .~(. , , I i /~ , ;.-- ~ ", AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY lOCATED AT THE NORTHWEST CORNER OF RANGE ROAD AND BELCHER ROAD, CONSISTING OF A PORTION OF LOTS 15 AND 16, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2160 RANGE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH, TECHNOLOGY (IRT); 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 Zonina District See legal description attached hereto (ANX2003-0B017) Industrial, Research, Technology (IRT) 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. 7195-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Z\ ~'-'. " . . ", ; , '. / (~'" . . ( (( ~~/r;~.(... ri0' .)( LeslieK. Dougall-Sides' ') Assistant City Attorney , Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7197-03 Legal Description for ANX2003-080 17 That part of Lots 15 and 16, lying north of the north right of way of Range Road, west of the west right of way of Belcher Road and south of the south right of way of S.C.L Railroad, being in the northeast X of Section 12, Township 29 South, Range 15 East, Pinellas Groves, as recorded in Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida, being more particularly described as follows: From the east X corner of Section 12, Township 29 South, Range 15 East, run thence NOoo13'22"W, along the east section line of said Section 12, also being the centerline of Belcher Road, 1336.86 feet to a point lying at the intersection of said Belcher Road and Range Road, thence run N89020'02"W, along the centerline of Range Road, also being a 40-acre line, 55.00 feet, thence NOoo13'22W, 40.00 feet to a point lying on the north right of way of Range Road for the point of beginning; thence N89020'02"W along said north right of way 538.98 feet; thence NOoo05'54"E 187.27 feet; thence S89020'02"E 157.01 feet; thence NOoo05'54"E 152.50 feet to a point lying on the south right of way of the S.C.L. Railroad; thence run S72056'03"E along said south right of way 398.00 feet to a point lying on the west right of way of Belcher Road; thence run. S00013'22"E along the west right of way, 227.42 feet to a point lying on the north right of way of Range Road and also being the point of beginning. . Containing 137500.3059 square feet of 3.1566 acres more or less . -.-.............. '... -... -.. -..... : ~ -'OO........ . , , , . .'. . . , , , : ' , ..... .. -.".., : ' . ,__ I , . . . / . . :" '.....~ ,..... - -... ...., Owner: Site: From: To: ,.~ . IRT:..... . '. . . ._.' c. . i(\:~i;~.;t;;;:i j~~F;. ':\:'~:~~':~.~.;~:~ d'" "", ''Mi'" ' . .., ';il~~t~~<;~t:;'i:~ki k.~~th~1)~ ~> '~i"~?-;~ 'l;.:,~::~r '~i~~~t~3~~t~E;~i~ ",,,;-,11, ,\)t~'S.:..:~. ..#;.,"/,""-" ';:j 'lti~^kri~~~ ""tfO:n;f! , " ISpa . . . jjYJ ..... ,_"_ _ J I ISOI <> ... r; , . ~ ,.-..--..... .... o '. ;; ~ ;; '" ... r; IRT ,. -..'OO...... . , ':..'OO... .'OO ~ ,- -................. .. . , Zoning Map Weaver Enterprises. Inc. Case: ANX2003-08017 2160 Range Road Properly Size {Acres}: 3.15 Land Use Zoning PIN: 12/29/15/70182/100/1500 IL M-l {County} IL IRT 271B Atlas Page: Ordinance No. 7197-03 ~&lIn7ater u~ C it Y Com m is s ion Agenda Cover Memorandum Trackina Number: 258 Actual Date: 11/06/2003 Subiect I 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 500 Dora Drive (Lot 92, Roiling Heights In Section 7, Township 29 South and Range 16 East); and PASS Ordinances #7198-03, #7199-03 & #7200-03 on first reading. Summary: The subject property Is located at 500 Dora Drive, on the west side of the street approximately 250 feet south of Sharkey Road. The applicant is requesting this annexation in order to receive City sewer service. The property Is not contiguous to existing city boundaries, however, it is located in an enclave surrounded by city property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation Is consistent with Plnellas County Ordnance 00-63 with regards 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 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 not contiguous to existing municipal boundaries, however, it Is located In an enclave surrounded by city property on all sides and is within the borders of the City Planning area. 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 (ANX2003-08018) for the complete staff analysis. The Community Development Board will review this proposed annexation at its regularly scheduled meeting on October 21, 2003. The Planning Department will report the Board's recommendation at the Commission meeting. Originatino: Planning Section Quasi-judicial public h Category: Annexations, Land Use Plan and Zoning Number of electronic documents 5 attached: Public Hearing: Yes P JJJ2 ( ~"ftI7ater u~ C it Y Com m is s ion Aqenda Cover Memorandum Advertised Dates: 10/05/2003 11/02/2003 Financial Information: Review Approval Leslie Douaall-Sldes Garrv Brumback C:vndlp. C,nlldp.,uJ Bill Homp. 10-22-2003 10-23-2003 10-23-2003 10-24-2003 11:38:53 15:33:16 15:48:00 17:27:30 . CDS Meeting Date: October 21. 2003 Case Number: ANX2003-08018 Agenda Item: F5 CfIY OF CLEARW A 'fER PLANNING DEPARfMENT STAFF REPORT BACKGROUND INFORMATION: OWNERlAPPUCANT: Hayden and Amy Beatty LOCATION: 500 Dora Drive, located on the west side of Dora Drive, approximately 250 feet south of Sharkey Road. REQUFST: (a) Annexation ofO.24-acres to the City of Clearwater; (b) Land Use Plan amendment from the Residential Low (RL) Category (County) to the Residential Low (RL) 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: 10,500 square feet or 0.24 acres DIMENSION OF SITE: PROPERTY USE: Current Use: Proposed Use: 100 feet wide by 105 feet deep m.o.l. Single-family residential Single-family residential PlAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) Residential Low (RL) . ZONING DISTRICf: Current District: Proposed District: R-3, Single-Family Residential District (County) LMDR, Low Medium Density Residential (City) EXISTING Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-080 18 - Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANALYSIS: The subject property is located at 500 Dora Drive, on the west side of the street approximately 250 feet south of Sharkey Road The applicant is requesting this annexation in order to receive City sewer service. The property is not contiguous to existing city boundaries, however, it is located in an enclave surrounded by city property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation is consistent with Pinellas County Ordnance 00-63 with regards 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 LMDR, Low Medium Density Residential. A. IMPACf ON CfIY SERVICES: [Section 4-604.Fl] 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 Dora Drive right-of-way. The applicant has paid the assessment fee of $1,000.00, as well as the impact fee of $900.00 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 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 #48 located at 1700 North Belcher Road. 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 level of service. Staff Report - Community Dcvclopment Board - October 21, 2003 - Case ANX2003-080 18 - Page 2 B. CONSISTENCY WITII CfIY'S COMPREHENSIVE PLAN: [Section 4-604.F.I] The Pine lIas 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 per acre. 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 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 element of the City's Comprehensive 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 WfI1I COMMUNITY DEVEWPMENT 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 100 feet in width and 10,500 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 WITII THE COUN1YWIDE 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 WD1I PINEILAS COUNlY AND FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas County staffs have reviewed this annexation and determined it complies with the ordinance criteria. Staff Report - Community Development Board - October 2 I. 2003 - Case ANX2003-080 18 - Page 3 This property is located within the City of Clearwater's Planning Area and is an enclave that is enclosed and bounded on all sides by the City of Clearwater. It is not contiguous to existing City boundaries and is not subject to an agreement to annex. This property is eligible for annexation pursuant to Section 6(1)(b) of Pinellas County Ordinance No. 00-63. This provision pennits noncontiguous annexation within an enclave provided the property is not subject to an existing annexation agreement and does not provide the basis for annexing an adjoining property that is subject to an annexation agreement. The proposed annexation is consistent with Pinellas County Ordinance No. 00-63. R CODEENFORCEMENTANALYSffi: 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 fee 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, as well as the goals and policies. The existing and proposed use of this site as a single- family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Pinellas County law regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 500 Dora 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 zoning district pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Marc A. Mariano, Planner Staff Report - Community Development Board - October 21, 2003 - Case ANX2003-080 18 - Page 4 Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\PIl6U1i11glJqHmrlmtlC D BW III1UGtiOlUI.4 NX - 20031A NX2003-080J8 Hayden de If my Beatty SOO Dom DnA NX2003-080J8 Hayden de If "'y Bt<<ty SOO Dora IIr 61tff repott.doc Staff Report - Community Development Board - October 21, 2003 - Case ANX2oo3.080 18 - Page 5 View to the east View to tho west ite view from tho cast Hayden and Amy BeattyANX2003-08018 500 Dora Drive ~ I IT c " It -; ~"[j.f II I II -- If If l I I 'I r . I .......... If If I I I ..uY1 .f I ./l- \ J~ ~ 'L ..... II Location Map Owners: Hayden & Amy Beatty Case: ANX2003-Q8018 Site: 500 Dora Drive Property Size (Acres): 0.24 Land Use Zoning PIN: 07/29/16/76446/000/0920 From: RL R3(County) To: RL lMDR A tla5 Page: 281A " , 1.Do , i " . " .- , . , , , 'Uflo , , " Hr._.: ' _-I I. _..! , . -., ..- ,.' lU~h_', j-.....-i r-"-.. , , fSlf7 , , , , ..' -: If'" '-, , ~ , , ," . t_,....fl:" '-.. : '-- , ...-....... '-----1 ~ ..-, I ' , .' , , I ' i " '.. ,1 , . 6!-!. I \._~IG to... .! I I ..'--j ......... '--I i-.. .-1--1 ' I , , ," , , " ,_..1---: r' ': " " .-' , " ", ,_, . , I " , , . , ' ' 0 ' , ~ ~ "'.~1 sbr-.! '00 .,'ll62 CIeJ-. -.' ,----k I....R! ~ Existing Sunounding Uses Owners: Hayden & Amy Beatty Case: Site: . 500 Dora Drive Property Size (Acres): Land Use Zoning PIN: From: RL R3(County) LMDR Atlas Page: To: RL , , , , , ... ,., I I I I '.J Edu c atio nal Fac ility t-.-.........- --.....-i ..... ; , , ANX2003-080 18 0.2.4 07/29/16/76446/000/0920 281A Aerial Photograph Owners: Hayden & Amy Beatty Case: ANX2003-Q8018 Site: 500 Dora Drive Property Size (Acres): 0.24 Land Use Zoning PIN: 07/29/16/76446/000/0920 From: RL R3(County) To: RL LMDR Atlas Poge: 281A ORDINANCE NO. 7198-03 11' ) /_I/L'. " .' .<"- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DORA DRIVE, APPROXIMATELY 250 FEET' SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 92 ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500 DORA 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 92, Rolling Heights, according to the plat thereof, recorded in Plat Book 43. Page 1, Public Records of Pinellas County, Florida (ANX2003-08018) Section 2. The provisions of this ordinance are found and determined to be consistent with the City ot Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-ot-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning 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: '.j C'" .l./, '. ,;~/ 'i (/'~'I ({- Leslie K. Dougall~Sides \ Assistant City Attorney I Attest: \.- ( ,~ I,~ . Cynthia E. Goudeau City Clerk Ordinance No 7198-03 ., c' "'--.-. 'c _co' II~ . IJ.J .. I"~ 0:: " -Hi !llJ :~ _~':~'J ~ -J ~,~:. I I ......., t __I I..., .' ~t ~ I .: .. ..,....~ ....... 4 tF , '" '" ~~.......",,~-. '--'...('4 It: c:.!: CJ . ',..._,..' ~_..t-' ,..... .., I..... _. ..,-" , I fJ 1 : re: I .. .. .. ..~. ...... i.. ;( ! " ~ ': 0:: C "I, '-J ;-1 'i: ~. i lJ.J J<.!) llU !-J -J .....10 (,) I I ~,. I I _-l__ 1 i':" I I. I t~, ~___ L___ SHARKEY RD C 0::: ~ .Cr,) ~ Q:: :0:: ~il_'jC '; 1<: .' I:::J .,., n..- , j~ '. ,lJj :. 1'0 .~.jO ':'. ,....1 :1 "j: f" : ,"'.. -. o .... . I" ~ 1_. , ..' '.... .... I..' , .., .. -t' ........, 0, VI ...i" 1_.......[.; .- . :"_.--..~~E1 :~:.::~ v' .... -, (<)' . -tt' ..' I R ", ,.::J ANNA AVE :','.:. III " -;i! ,.... ~ , . I.. _. __.. " -" .. __I M" o ' . I ... -,_...i"''' .',/1. ,. .., :-- ..,-~ , 0 I"- ~.. ~ ~ , . .._~ . , .. ' I ~ r .. .. .. -;:;. I t,. t.. _.., , r.! ..' ...., ~ ~.... .:' .... .----.1 , ' . : :s '-'-"',~ ,--,..~*. , I '-, ......' . , ,-"" .., . . I 0 , . 5~15 ," ,......_.r: . , .........,,, ~I ~___,;!}: t 0, :.0.. :...." _..~I r."-~ , I . --500 .. ... I.. ......, . '.., , 'I ~ I ,"''''i/.' 1#.1 ~__I ~ I..t....-~ ,_....... ..,: I : . ~: I ..",,' ........... C1 ,..... o . . . . 'S~J ...: LORENA LN . ,., ,~ '" .... .... P) .........._~ ....._...;~.., .....- ~ ...........::;.."......-1!)..~ ,.........~.. I q c..l '..""", <'t II 't , I ('I' '-~_i"'" ............--':_,....._..::.,........]...:.....:. ~....:........: .-:.~--~ __~-o.~ ,. ('t' ,-_......~ ...~.._' 00 Ii) ........-....~..I;-..~ ~ ~.,---~~ 1_. .~J ..' .-- - "106, .I~~" .' .... ... .,w ':.~ I .' ...: .. .. I :.: . -""- i :..........,-, :_ _," "'-B' 1_.. "'-. ~l :- _... ~ .. . '" '" ELLA PL' l'1' .."w,J.';. : I C"I. . ... .. Of ........ '. '" ............~, I <to ~... ...' '..........' ,....' - '.. -.. ... :.....; -...~ ,. !i' 0 :.. ,"- ,..:-~, :~ - t __~ Owners: Site: Flom 1 (): III ,- - -""l . :.: f'l... _.' Proposed Annexation Hayden &. Amy BCCltly Cose: , "I '_u_.. I I uL~,~ ~ /:\/,~; //:~'\ V,~.. ..-' .,1._ ____~:~ ____, ,~~L . '0 " , ANX2003,080 18 500 DOlO Drive ._-_..._-~-,_._---_. --- . - -_._-~----~-------_._--_...-.-.__._---------_. !", PIODcrty Size (Acres): 024 Lund Use lonin~1 PIN: I~L R3(Coun1V) R1. l.t...\DR 1\ tlo) !'t:] ~l e: 1-::.:11 ih i t ",t! . \ 07/29/16/76d46/000/0920 ~)(\ 1 ^ (I n1 i 11;1 11 C l' " ,',,) , 71lJH-03 ORDINANCE NO. 7199-03 () of. )/f ., 1 ',. /' f. , AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE' COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DORA DRIVE, APPROXIMATELY 250 FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 92, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500 DORA 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: Property Lot 92, Rolling Heights, according to the plat thereof, recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2003-08018) 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. 7198-03, 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 forll'!.: . '. , / "'( " /. .:.-' 0' . (I t' ,. \ ~ . . t. ~:. .. : .,. ,\:.~ <',i{' ./ ".<'~. , ~ . . ~ Leslie K. Dougall-Sides \ Assistant City Attorney ! Attest: Cynthia E. Goudeau City Clerk Ordinance No 7199-03 Q 0:: \ Q .,. I P 0:: ! i~iJ.'~ J.- ....,J I Q fRU 0:: '0'.' . t[1 ~ ..;'. 0:: Q RU t." RLl: IRU: ~ ~ " 0:: fr . '. lJ.J ! 'I. ~ '( I -.I (!) I CI) BJ RM lJ.J :::> ~ ....,J 0::: Q) "',. .....,.' ....,J 0 . I oq:; 0 '. I ....,J (J SHARKEY RD '.--, :-....:...., _..;_..~-. ," .t~: : .. ~ .. .. ~_: .... .. -: ~: I ., iRt., ....... ;'; roo:.; :./';.. ~.. j;.._.._.a :__...~: :~..~~~~ ~.._.~ .----~.~ ',J_.. .,... ANNA AVE '.7:, tl;..... 'z:. ,n, ;?; -~: I ~ 1: .. ~j I . '" ....' : . . " .' I , ., ... 1_...., .. t.. ~: I r.. f! '" .. .. ~ I.... ~ _ ~' ~ .. ; .~ .-~ f.-,."..~ :.;... ~ ......' t::: .-"" d:. ,.: I I... -1 , C"t "Ri I ~----- i'-~ ;.. ,: ....._ ' I -... I I ',,'" .... -' .;--~., 1,,-'--'" :-----:.R~,.-.~.~'~ : 1- -'!] I ;:: ~.: : ~. I . n '-I__"t~ I~-".:~ .......;i! 500 . i I. '" ..... -~ . .' I. _, _"" ,._.._'a.. ,.,. , '. ,- . ,"....,) . , , . , ...... .. If"}' .,." ...~. r' . I."" " : .... .~: ,... <"t tOO"" -, , - . . . , s~~ :" LORENA LN , " . , 5~1 ..I _~L..- t: ...".. ._~ ........ _ ~" I (t ("I I '''I ...... "-1__..-.' .. , U'I .... t-. f'l "., ~~ ..'-"~f,,,,-".1;-.,,,,,-'-~ '.. <'t I I ~ I I ~ . I .... : .-,...--.::-.....-.....: I...:___~. :_..............., CO". ... .... : .. ... ..;t~ : . ~ ~ ~ "".. ....- ~ 1 ....... - ': ..~...:........ . ." . 106 " , . ...., . , .............. .,\0' ..' .. --, 40' .-.. . .' - -' . INS ELLA PL .., '" 1 -: .. I" ..::;. .. ..I- .... ~:. I. t't:: ('wI -. ....... ~ .. ., . -'-.. .. ..," ." ..... -., :Rl. ,- , :: a ., .... .., .., -..~ ..' .....1 Cl :..... _..~ " DORA DR ,.... .\, '1~ '," " \ ,:,,~. ' . . ~....- --- IR/OG j .., ....UJ~ .'~ ... t") ., '~I Io.l-" l")", ...... ... .. . . l"'l .... c.... ,. .... -,-t'J "... ~ . .- ~ . . ---._-~-~-~ ----~ .--.. Future Land Use Map I (lJ)d I lse I'J'll1q I Cnsc: I I I"or:..:ltv~)il.c.lt\\.,.,,)): j I\NX?003-Of30 18 { )V,/flt.::rs: Iluydc'f) 3. Anw f~I;Cltt'l ',it I': .',no Il(llll Drivf: 0./-1 f'IN: (11)91 16/76t1,16/000/o<??'O ! I (If Ii : 1':1 f'!'I(:n\Jf 11y) I, " f\l t' /,[) K' '\!l,]S PClllt'. :m 1/\ (\nlin:li1Cl' :\". 71<Jl)-(H ORDINANCE NO. 7200-03 Oi I '; I ~ I ,Ij .--. AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DORA DRIVE, APPROXIMATELY 250 FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 92, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 500 DORA 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 92, Rolling Heights, according to the plat thereof, recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2003-08018) 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. 7198-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Y' -'-', , . ., ('.' {li". ,., . " /" J.J,~ \' 'q... f (l. '.v' . '{ ..J:i . '.:.J ( Leslie K. Dougall-Sides) Assistant City Attorney' Attest: Cynthia E. Goudeau City Clerk Ordinance No 7200,03 ..__-':::.~~--I C) . ", 0:: ,.,.', ..... --------- m 0", 0:: 5: , " lU '-- -.; i~ __._~J~J ~ ..J ,--I , . . ..... I I "':i>' . ._~: ~: ._..' c. 6...._a~ - .., 00 ., .... f" .. tot.. ,_.., <"'I 1; ~J:" ~ .. f .' I _.. I I.. ._1" .......' ...,"-, . .. f 1.._ _, .",' : ), ~: I ~I ..-.....~ ,....~-~. . ..." , ,_ ::----- :---:-:.c._j - i ~ -_._-,,:;~~I '! .--_. ~:_'~-- -~ ....... "::' " - - '. IS: , ft. i lJ.J -- ,--- i (!) .. ,I IJ.J , , j...J i'LjVID.R::"~ 8 I :' I, j" , I "I> Ji C) oct , , I , ,~ . ,. ~'1 f \..,..Ii , '- -Ii ~ ,,,: 0:: .. - --.----- 'r .. .i"" ~.. ,.' C" ":... ,_ ~..r -: ", ....,--.., ..........lEJ. . ....,..: ~, ~I .,.; t:' I I~II" ..~ :""~ '......i__!:'; ,-....ft .. '.. - .. - r( " .. ....-. \I") .{1 ~ - .~: ...~ ."- ~ . . 1.......-- ANNA AVE " ...' ~ , . , , , I_~ t to. ." ," -..' ~t , . '.... ..2 I.. ..' I. ~.~ ~ . .. ...? . , " ,_..~ , ,- "\~} c_; , ~ :' "'. ~ . . :;.,. .', _-n ~ . . ---1iM.J.) ~ .: :. I~ "..soO ... roo......... ..,. . <. ......... ' -.. " . ,_........ : , , , .,., ......... I r')' ..." . ..... _, I.. ,--~ , I ... . '"'f . It C'\ :. :..-; :. ~ .-. ..., -'---l," ..-. ,...... 't : ._..~: ,-.. ('t r.... --If, I ., .' ~I . -~. .......... C't LORENA LN .., '" '" _.-..._~ ......."'~~l .-, ~ ....w. tf f1 I I.~.., I '-~..i.'" ..-I__.......lt_..:......::..._...._~ .. .., . f?;- ~ .. ...:;:. '" I' ('it ,"' ~.. .-.:.: , .......-.. .- :.:'--'J :__i".~ .__..-.~ I_........~ # ..: .. ~, I I ~II' t.....'-'" PI .. , ELLA PL' .., ",' ).:.-,,-,.1:;, _...--..~. I. <'I, : ('It ,I... ..' _...~....#-.., '-___I I _..1-' Oo.... i: ' -.-~. f ".:~.-ci .. , ...., PI 1__, ~"':3 ... ,....c, r-t Owners: Site: From: 10: " '" ,.......... : ~ '"1...,.,:-' Zoning Map Hoyden & Amy Beatty I~' - . ',1', r- .- I I - - j- I '1,,1 10:: .:'," I C) : ',- ~ I - ..J ",'. $ CO o 500 Dora Drive Ploperty Size (Acres): LClnd Use Zonin~l RL R3(County) RL L MDR -"1 i ._ I SHARKEY ~- ~ !~l <;If ,.' ,-" ""I , I . I . , 5Qs I-' '-"Oo I I : L . . ,"i' ..I 4(,7 ..' o Case: PIN: 1\11 ClS r (l ~JC: '.. -.. -.... . I .. .._____ __~t~ ._---;--, A. '" r-' j. '!/ ,/'\ Iii NIJj) R "1 " --- ---_:'~. --j I , ,. ANX2003-080 18 0.24 0//29/16/76446/000/0920 2e 11\ 11nlin,1l1Ce :\0. 7200-03 ~~I v~ --.-.. . .-----.--- City Co m mission Age n d a Co v e r M ~..~..~~ a..11 ~.~.~ Tracking Number: 234 Actual Date: 11/06/2003 Subiect / Recommendation: Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee"), being a lO-foot wide Easement Area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township 29 South, Range 15 East, as more specifically described in said Utility Distribution Easement. Summarv: City Fire & Rescue is presently constructing Its new Northwest Fire & Rescue Station Number 51 on Overbrook Drive just west of North Betty Lane. Completion is anticipated in June 2004. Progress Energy will deliver electrical service for the facility and Its electlcal equipment. The subject Utility Distribution Easement grants Progress Energy easement and authority 5 feet each side of all of its distribution lines throughout the project In order to facilitate Installation, maintenance, and, If necessary, future relocation and replacement of such facilities as may be mutually agreed upon between the City and Progress Energy. A copy of the easement documentation Is available for review in the Office of Official Records and Legislative Services. Orlalnating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of electronic documents 1 attached: Public Hearlna: Yes Advertised Dates: 10/26/2003 Financial Information: Review Approval Mlrh;tpl ()lIl11pn 09-30-2003 C:vncl Ip. (.\ollclp..w 09-30-2003 Bill Horne 09-30-2003 Uwr;t L1now~ki 09-30-2003 Garrv Brumback 09-30-2003 15:41:10 15:15:56 12:21:28 13:24:28 09:41 :39 frf 2. <g . ..... , ~ 3 :J 1 1 180 -:' - .- L ~ 4 10 19m w 5 9 :J 20 I z " w 8 >~ 210 <r: --- w 220J 0 ~7 <( J ~ 23 ~ ~ 24 '" Ot 25 l' "P <9 "~') LO '- -1-- Scale 1"= 1 00' Not A Survey 43/05 9 8 ( CITY OF' CLEARWATER, F'LORIDA PUBLIC WORKS ADt.4INISTRA TION ENGINEERING PROGRESS ENERGY UTILITY DISTRIBUTION EASEMENT FIRE STA. 51 4~/04 43/041 7 3, 6 5 4 2 1 CLAIRE I DRIVE III I I L I I I I I I I Iw I~ I--.J I I I I 1>- 18 I- ItJ '1m I I I I I I I I I 1 E ~ I 1 surp_ DOC:INfI~ 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 ot 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 he'reby 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 Pinel/as 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-ot-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning 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 Pinelfas 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 October 16, 2003 . Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: .- . ..... .. '.T- / . ./ Y'~ ./ (' , '.<.' / ,~\ ( _i. . :' z.... ,-. ,',' '_' I ., . i '.. Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordil1<tnco No. 7176-03 r 1:xJ1 1:xJ7 ~ !} H S1 3l: ~ 0 223.7 0 c,. GLENMOOR RD ~ at GLENMOOR RD ~ J!J 2n. (') :I: ifi ~ ... 2226 ~ ~ ~ 12.JI ij 12.J.J .. .. 1243 n n 122/6 1257 '" ij Proposed Annexation Owner: Charles R. Smalley Case: ANX2003-07014 Site: 2179 Burnice 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 ITEM # 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 BURNICE 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: I , Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use catetJory 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 (ANX2003-07014 ) 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. 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 October 16, 2003 Brian J. Aungst Mayor-Commissioner App,roved as to for.m: ,/... ,. ',~. .,' y- .'. /f/"; j !: 1 ~,.~ .~ ~ ..' '. . . ,I' . . l' " _,; I Leslie K. Dougall-Sides ' Assistant City Attorney Attest: Cynthia E. Goudeau , City Clerk Ordinance No, 7177-03 /0 "- at ~ ~ ~ ~ 1:101 " "I ;; ~ ;.; ~ '" COLLEGE DR 1000 ~ "- OJ t- '" <> ~ " '" '" <> c:; " '" ;:; :u S!: 1010 t:J :u <> ~ 0 ~ '" 0 . 1020 ~ :!: t- O> 0 '" ... " " . '" S UNIVERSITY DR ... '" <> <> ~ ~ J207 a ~ ~ ~ GLENMOOR RD GLENMOOR RD - ... <> <> ~ R II2.Jl 12.J.J 1243 ~ :1216 11257 RU Future Land Use Map Owner: Charles R. Smalley Case: ANX2003-070 14 Site: 2179 Burnice 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: 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 locate~ 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: . Propertv lot 31, Glen Ellyn Estates, according to the map or plat thereof as recorded in Plat Book 34, Page 32, Public Records of Pinel/as County, Florida (ANX2003-07014) ZoriinQ 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 October 16. 2003 ;' Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: .... \. . ; , ," . " ,..#,(:,"~ \".j.". ,-,/ ,'. . i Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk ) Ordinance No, 7178-03 1/ ~ 1:: ~ 1000 g ;; ... '" '" r; r; '" ::tJ c:; 1010 :iE t:J ::tJ ~ ~ ~ Cl '" 10:10 1:: ., '" r; r; c:; " 1030 S UNNERSITY DR Q '" Q B ;;; ... .. '" ~ 1:: .. '" ;:; " c:; '" '" c:; ~ .. ~ .. 1:xJ1 c:; c:; c:; I :x>o "- at J!J (') lit .. ifi 1:xJ7 '" ;:; '" ~ ~ H :! ~ GLENMOOR RD GLENMOOR RD .. ... Cl ~ ~ L DR I~l 1:1J.J Q 12.:J a :1:116 I:lS7 Zoning Map Owner: Charles R. Smalley Case: ANX2003-070 14 Site: 2179 Burnice 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: 308B Ordinance No. 7178-03 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 ClealWater 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 Pine lias 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, 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 October 16. 2003 Brian J. Aungst Mayor-Commissioner Appr9ved as to form:.--- .' ' . .... / ( . (/..- O( . ....... . !'.::,., , I ...', tf "'.' , . " L.. .../.r . I ~ ('. ....., ...... r ".' ,'( , (. .', i Leslie K. Dougall':Sides , Assistant City Attorney I ) Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7179-03 /2 ~ ij ~ ... ~ .. 0 10 a .. :J .. ~ .. ARLINGTON PL 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 Atlas 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 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 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: 'j 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, ~s 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 Pinellas County, Florida, together with the ' abutting right of way for Palmetto Street and Berkley PI~ce (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 October 16. 2003 Brian J. Aungst Mayor-Commissioner Attest: Approved as to form: \ ! . ~:, .. " \'. ..' , ,. ,.- I ...;< t". , .( I ,. ,f ..:. ~" " ~ \ ,. ..., Leslie K, Dougall-Sides Assistant City Attorney ) /1 ( I . ,. ," . l}( Cynthia E. Goudeau City Clerk Ordinance No. 71 aO-03 13 '11 pOI Future Land Use Map Owners: Lawrence A. & Susan Walther Case: A NX2003-070 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 R3rCounty) To: RU LMDR A tlas Page: 281A Ordinance N o. 7180-03 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 ro'cated in Pinel/as 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: ) Properlv lot 9, Block A, Palmetto Terrace, according to the' map or 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) ZoninQ District ~.ow 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 October 16,2003 Brian J. Aungst Mayor-Commissioner Attest: Approved as to form: / /,.,-1.. \ , '/'" ,1 ,/ I " "( I 'It (. '. '.f-:' . /. Leslie K, Dougall-Siae); Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No, 7181-03 /1 ... .. ~ ij 8 ... .. '" ~ ij a ~ ARLINGTON PL ~ Zoning Map 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 Atlas Page: 281A Ordinance No. 7181-03 ORDINANCE NO. 7184-03 AN ORD!NANCE 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'fdund and detennined 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 October 16. 2003 Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Side Assistant City Attorn'e/ Ordinance No, 7184-03 /5 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 LDR Atlas Page: 308A Exhibit A Ordinance No. 7184-03 " I ,. 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 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 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 COMNIIS'SION 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 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 designa'tion by the PineJlas County Board 'of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the local Government Comprehensive Planning and land Development Regulation Act, pursuant to S 163.3189, Florida Stat~~es. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 16. 2003 Brian J. Aungst Mayor-Commissioner AFpr~ved as to for ~- '- Attest: ) ,Cynthia E. Goudeau City Clerk Orpinance No, 7185-03 /6 A N INS 1:100 12.J1 Futrue Land Use.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 From: RL R3(County) 10: RL LDR 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 (LDR); 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 lo~ated 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: ' ) Prooertv 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) Zonirio 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 October 16. 2003 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7186-03 )~ ~ /il1il /jJ\JJ 1:100 1:131 I . Zoning 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) LOR Atlas Page: 308A To: RL Ordinance No. 7186-03 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 JII, 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 emeroencies. 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. ~ 633.49, 121, shall be enforceable by the chief. of the fire department,:other fire department personnel designated 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 f6 Section 2. Section 17.02, Code of Ordinance is hereby amended to read as follows: Sec. 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. ResistingJ OF obstructing. impersonatinq firefighters, or Fire Safety Inspectors. No person shall resist, impede. obstruct or interfere with the movements or 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 durinQ the commission of duties. meddle or interfere with any engine, carriage, hook and 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" 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 "class C Approved Sparkler devices" as that term is defined by the Office of the fire marshal of the State of Florida. An aX3mplo of a clasG C device iG the device commonly kno...m as 3 "sparkler," but the term is not limited to sparklers. (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-ot-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, defJagration, 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 discharge fireworks within the iurisdiction in violation with F.S. 791. a-A permit for fireworks display or pyrotechnic material in a pyrotechnic special effect display, ef permit a fireworks display or a pyrotechnic special effect display on his or her property, without must first be obtainiRg ed a permit for prior to commencinQ 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 aranted and all fees as required by this Code and Appendix A of the Clearwater Community Development Code are paid. (d) Work commencina before permit issuance. If any person commences any work without a proper permit for such work shall be subject 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 marshaJ, 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 unde"r 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. Open 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 [Jureau of fira prevfJntfon Division of Fire, Life Safety. and Emerqency Manaaement 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, ~ 1.02. *Cross reference(s)--Compliance with fire code minimum requirement for downtown property standards, S 55.11. 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 1992 in its' entirety. edition of NFPA 1, Firo Prevention Code, of the National Fire Protection ^ssociation, and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association and listed in Chapter 43 4A-60.005 of the NFP^ Florida Fire Prevention Code and being particularly the most recent edition as listed in Chaptor 43 NFPA 1 of the Fire Prevention Code 9F- and the Life Safety Code. Chaptor 4/\ 3 of the Florida Administrati'le Code, including Appendix 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 licensing board 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 5 Ordinance No. 7163-03 on a periodic basis all buildings or structures, vehicles. vessels. and other similar 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. The N:Jtion:J1 Fire Codes, as published by the National Fire Protection Association, 1992 edition, is :Jmonded :JS follov.'s: Section 1 15. 16 of NFPA 1, concerning the permitting of bonfires and outdOOF rubbish fires, is :Jmended to include: (1) Location restrioted. No person shall kindle or maintain any bonfire or outdoor rubbish firo or authorize :my such fire tHe kindled or maintained on :Jny privately owned land unless the 100Cltion is not less th:m 50 feet or some othor distance approved by the fire department from tiny structure, and adequate provision is made to pre.,ent fire from spreading to ::my structure. (2) I\ttendanco of open fires. A bonfire or ootdoor-r-ubblsh fire shall be constantly attended by a competent person until-the-fire-16 extinguished. This person shall havo a g:Jr<len hose connected-to-a-water supply, or other fire extinguishing equipment readily 3vaiJable-for-u8&r (3) Chiof may prohibit. The chief of the fire department-may-prahibit any or all bonfires and outdoor rubbish fires when atmoepherlo-oondltions or local circumstances make such fires hazardou6-of:-ooneUtute a pubIiG nuisance. Section 35.1 and 3 5.2 of NFPA 1, concerning the requlred-aooes6-far-fire app3ratus is amended to read: All premises that the fire department may be. called UPGA-to-Dr-ateGt-!A-Gase-af fire shall be provided with suitable Qates, aocess road&;-aAd-ff....aRes-: Fire lanes shall be at least 20 feet (6.1 meters) in wiGtJ:l-with the road adoe closest to the buildino at least ten feet (3.05 meter6) from the OOiJQinQ and have a minimum of 13 feet 6ix inches (4.1 meters) of vertical cleaFance. Any dead end road more than 600 feot (183 meters) lono shall be provided with a turnaround 3t the closed end at least 60 feet (18.3 meters) in diameteF:- The designation, use, and maintenance of firelaneG on pfivate-pfepefty shall be :Jccomplished as specified by the fire chief or fifEHllarshaJ.-lt-shall 6 Ordinance No. 7163.03 be unklwful for :my person to park motor vehicles on or otherwiso obstruct any fire lane. Sect/on 3 5. <1 of NFP/\ 1, concerning fire klnes, is amended to read: Fire lanes shall be marked with freest::mdina sians or sians mounted on the bee of the buildina that h:we the words "FIRE LANE NO PARKING. bv city ordinance" P3inted in contr3stina colors :It :I size :lnd spacino 3pproved b'/ the authority having iurisdiction. Seotion <1 2. 1 of NFPA 24, concerning the number :md location of fire hydr3nts, is omended to r03d: Hydrants sh:lll be provided in sufficient number :lnd be located in :l m3nner that ~1II enable the needed fire flow to bo deli'Jered throuah hose Iinos to all exterio~ ~ides of an'.' important structure. The needed fire flow and the hydrant location shall be determined bv the fire chief or fire m3rsh:JI but in no C3se Sh311 hose (sooths be areoter th3n 500 fect for single familv structures 3nd 300 feot for oommercial structures. Seot!on 1 7 of NFPIl 1, concerning appeal procedures, is hereby deleted in its entirety; and Sections 7 1.3.2, 7 1.3.2.1 and 7 1.3.2.2 of NFPA 1, concerning 6pAnkling of existing high rice buildings, are hereby deleted in their entiroty to be GGn&i&teot with previous actions by the Pinellas County Construction Licensing 8eam.:. ' Section 10. Section 17.33, Code of Ordinance is hereby amended to read as follows: Sec. 17.n34. 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.L435. Power of administrator to m~dify 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 w~en 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. Determination of permitted 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. 17.3631. 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 teA 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 five 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 buildinglflood 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 " 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 LIFE SAFETY INSPECTION FEES Fire and Life Safety inspection of e.xistinQ structures for compliance to the "Florida Fire Prevention Codes" will be conducted within the freQuencv cvcle as determined bv the Fire Chief. a. No fee will be charoed for the initial fire and life safety inspection for compliance within the determined freQuencv cvcle. b. A fee of $50.00 will be charoed for the re-inspection for non-compliance for structures under 80.000 SQ feet. A fee of $100.00 will be charoed for non-compliance of structures 80.000 square feet and over. c. A fee of $100.00 will be charoed 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 17.383-9. 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 includinQ but not limited to exhibits, trade shows. amusement parks. haunted houses, fairs, festivals, and other similar special events. For the purpose of crowd manaQement 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 orqanizations 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 October 16, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 10 Ordinance No. 7163-03 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 DEFINITION 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: Alarm 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. Alarm 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 Of digital alarm communicator alarm 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. ) Orcfinance No. 7Hl3 -03 /9 D:Jto of roceipt me~ms, for a resider:tbl user, tho d~to th~t the return receipt ~ccomp~nying ~ny certified m~i1ing of the notice required to be sent to the :llarm user'c promisos pursu~nt to section 5.25("1) is signed or tho date th3t ~ny such notice is delivered to the ~13rm user porson~IIy or to any percon 15 ye~rG of ~ge or older reE:iding vlith the ~Iarm user 3fter inf-orming the person of the contents of tho notice. For business ~13rm users, the term means tho date the roturn receipt 3ccompanying ~ny certified m~i1ing of the notice required to bo sent to tho al3rm user's premices pursuant to soction 5.25(1) is signed or the date ~my such notico is delivered to :In officer, ~ director, a goneral p3rtner or the proprietor of the businof;s, or to 3ny omployae if an officer, ~ director, ~ gener~1 p~rtner, or the proprietor if; not preE:ent on tho promisee, ~fter notifying the employee of the contents of the notico. 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~ .;-ef (c) Tho abrm ucor complies with Goction 5.25(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 alarms 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 11 ill violation for the first offense. Subsequent false alarms occurring at the same premises ') L. Ordinance No. 7193-03 within the same calendar year shall result in a doublinq of the civil penalty as provided for a class" violation be subject to the civil pcn~lties ~c provided for c18cc " viol8tionc for the second f~lce ~I~rm, ~nd cI~ss I viobtions for the third ~nd e~ch cubcequent f~lse ~I~rm. F~lse ~18rms sh~II also be punishable by tho code enforcement bo~rd ~c provided in section 2.211 et Gcq. (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. Any additional E~ch false alarm~ occurring at the same premises after tho date the courtosy w~rning W~G m8ilod or delivered 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. Section 3. Section 5.25, Code of Ordinances, is amended to read as follows: Sec. 5.25. Response to false alarms; 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~i 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 alarms tho icsuance of one twa courtesy warnings during a calendar year followed by one or mora fol!:;e alarmc occurring at the same premises within the same calendar year as the date of the first response and 3fter the date the socond courtesy warning was mailed or delivered 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 at ffem the same premises where the alarm user has been or was qoinq to be issued mailed or delivered ~ g courtesy warnings, if the alarm occurs after the date the alarm user was mailed or delivered the second courtesy warning 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 l:mless tho alarm user com~ with tho requiremonts of subsection ('1) of this E:ection. 3 Ordinance No. 7\ 93-03 (1) Prior to issuing ~ cit3tion, ~ code enforcement officer sh~II provide notice to the ~I~rm user th~t tho ~brm user h~c committed ~ civil infr~ction ~nd sh~" provide tho ~brm user 15 d~ys from the d~te of receipt of the notice to precent to the firo dep~rtment written evidence from ~ licenced ~brm comp~ny th~t the comp::my h~G inspected the system 3nd th~t ~ny def-octc of design, inst~1/3tion or opor~tion of tho ~I~rm system, which ~ro idcntifi~ble ~s the C3USO of tho blso ~13rm, h~\'o been corrected. Tho written evidence sh311 include 3n ~dministr~tivo f-oo of $22. 50 to covor tho city's cost to reviow the inspoction report. If tho ~l~rm user f3i1s to preGent Guch writton ovidence or bile; to includo the full ~dmini:::tr~tive fce within the 15 d~y poriod GO provided, the codo enforcemont officer who I r~:::pondod to the f~IGe 3brm sh311 C~UGe to be issued ~ cit3tion to the ~I~rm user to ~ppe~r in county court. Wf&) The issuance of E courtesy warnings to the alarm user is not intended to create any rights in at the alarm user. The city could have issued a citation rather than a warning after the first 3nd socond responses to the premises where the enforcement official determined no response was in fact required. The issuance of g courtesy warnings is merely a courtesy offered by the city to induce the alarm user to take corrective actions to prevent false alarms. @)(e1 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. @f7) 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 1 0:01 a.m. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING October 16, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: f:? Lt/J\ ./\ {} ~,j~lJJ; Robert J.t S~rette Assistant 'City Attorney Cynthia E. Goudeau City Clerk 4 Orclinance No. 7193-03 ITEM # o. ,'j . . . ,." .',' jQ 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 1\, 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 openina and c1osino hours for all alcoholic beveraoe establishments and the hours for sale of alcoholic beveraqes shall be those established bv Chaoter 6, Article 1\, Sections 6-29 and 6- 30 of the Pine lias County Code of Ordinances, or amendments thereto, (1) There are hereby established the foUewiAg-ReufS-Gf.-.GlGsiRg-fGF-a1l :JICOMlic beverage estaelisRmef\t.s.:. (:I) Alcoholic bever:lge establisnmeRts-shalklGt-sell-ef-atlGw-to--ee-sePJe4-er-GGAwmed on . tne promises. and no person sh3U--GG~me-GFHno premis8s-Gf :JAY cuch estabHsJ::lmeflt.;--aflY aleeoolic bever3ge betwoen the hourE: of 2:00 :I.m, 3n~A-afly-Gay....ef-tJ::le week oxcept Sl:lAGaY:- (b) Alcoholic bevera9e--establist:lmeflt6-6RalklGt-seIl-Gf-allew to be sePJed..-.er-seAsUffieG-Gfl tfle--i'H:emises, 3nd no pefSGfl-~U-GGAsume-Gfl-tne-f*effiise&-Gf-afly--suGA-estahlisAmeAt, 3ny atGOOolic bevora9o between tho hOUl:S-G~~A~fl-afly-Sl:lnGaY:- (2) AedmeAal-limitat~Gmr. (3) Alcoholtc beveFa~st-abH6J::lments-HGeAseG-fur-tAe-sale-ef-beeF;-Wifle-GHi€ttlGf-feF GGflSumpt.ien off the premises onty.-sAalklet-sel~ -1, Boer Gf-WiAe-GetweeR-#le-ReUfS-G~O-miGAf9Rt-aAe-a.:.o~GA weekd3Y, :lAG-t>etween the-AGt:lfS-G~O-mieAi9nt-Satl:lroay-aAEJ--.BG~l:lfleayTGf ~biEltlGf-eetween the hOl:lf&-ef-~GG-midAi9flt-aM--&G~aGA--weekday,aAEi eetweeA-tAe-AGtlfS-G~G-mieAi9At-Satur-day-aAG--&G0-cH=l-l7-MeAda~ fe.)--EstaelisAmeA~s-liBensed-tG-sell-alGGfleliG-be-vefages-for-GeASum~tieA-Gfl-tf1e-~f€HfHses sAall-flGt-sel~iEluGf-eetweeFHAe-hetlf&-Gf-.-1-;-Q~uAeay-an~G-fhffi:-MGAGay-feF-GOASumptjen eff-the-pFerrnsE*r,-AGwevelT6ysfl-estaelishmeflts-may-seU....l*lGkaged-beeF-Gr-wiA6-at1RAg-&UGR-A0UfS fGF-GOASl:lm~t ieA-0ff-tAe-pFemise5-:- Ordinance No. 7217-03 (3) The pl:Jnning :md zGfling board or the city commission, :JS :J condition of :Jppro'/:JI of condition31 use :Jpplic:Jtion or 3 v:Jri::mce from the sep3r:Jtien requirement€:, respectively, m:JY impose c3rlier closing hours or bter opeAing hours or both if such condition is deemed by the b03rd or commission to be reasonal:>>y-feJated to one or more of the criteri3 required to bc met fOF such condition:J1 use :Jpprov31 or v:Jri3nce. In such C3ses, the viol3tion of the condition ch:JII be deemed :J violation of this section, :md the cit3tion or notice of viol3tion sh:JII include :I reference 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 October 16, 2003 Brian J. Aungst Mayor-Commissioner Approved as to form: Jdiikin City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No, 7217-03 -j 1-1 I~/ / j...-- ~ l. !~', :::?:::::;;.::~~~~~'*~, Purchasing Memorandum ..-:it~' COffir.1is;3ion 11/06/20C!: .:',.]-::nc1.:. IJ\Jr.,L~ l: ::: i) S " ;L\ ~ Clearwater I ..\gend:\ Item 1\:0: 53 TYJle: Quantity: Pun;h:ls~ 16 Requesting DeJlt: Solid Waste/Geneml Services Fsing Bept: Bid Number or Code Exception: 2564 (I lId) - Other GO\"( \"cndorlnfu: Duval Ford, j"cksonvilk Flonda Description: 2004 Ford Crown \' Ictoria Pollee Cruisers COIIIIJI cnts: Piggyback Florida Sh~nffs' Association :lno 03-11-0825 Replacements for G I .10, G 163, G 1.J82, G I b: G1729. G173S. (it7.J3. Gt7.J5, GI931, GI9 Lease purch:lse fl1l:lncing App. A/\lount: S 385.95200 App. Code: 315-94234-564 I 00-519-000 AtlJl. Comments: Debt App. Comments: Debt 2 Aj!enda Item No: 5.1 T~'Jle: Quantity: ReCluesting Dept: Library Using Dept: Purchase contmct Hid NUll1ber or Code ExCel)tion: N/A \'endorlnfo: Solei! Systems, Lutz. Florida Description: Fixed library shelving including inslall:ltion. Comments: Installation in the new Librm)'. Piggyback Florida Slate Contract 420-590-0: App. Amount: $ 163.308.36 API). Code: 315-93523-564200-571-000 App. Comments: NOIlI ~ Clearwater ~ :2~~%-~a~ Purchasing Memorandum City Commission 11/0.512003 Agenda Number: 2059 3 Agenda Item No: 5.:2 Type: Quail lily: Requesting Dept: Solid Waste/General Services Service contract llsing Depl: Did Numher or Cude Exception: City of Clearwater RFP 03-0~ \'elldurlnfo: Wingfoot Commercial Tire. Clearwater. Florida Description: Tire repair and inspection service during the COlllraCI period: Jallllal)' I, ~OO-llhl1l December 31, ::!OO-l Comm ell ts: First of 3 available renewal options of the :20 App. Amount: S 1:25.000.00 .-\pp. Code: 566-06611-550700-519-000 .-\I)P. Comments: Nonl . p f-./ 1 ;- Clearwater City Commission a~ ~J ~~8:::'~ ._,-,-r~~..-...;:;.. Agenda Cover Memorandum Trackina Number: 245 Actual Date: 11/06/2003 Subject / Recommendation: Declare surplus to the needs of the City and authorize disposal through Tampa Machinery Auction, Tampa, Florida, or donation to UPARC, Clearwater, Florida, the attached list of vehicles and equipment, Summary: All items are surplus to the needs of the City. Item #46, a 1996 John Deere riding mower, was donated to the City by the Long Center. This mower is not commercial quality, therefore not suitable for continuous operation. We have received a request from UPARC for donation of the mower to support their lawn maintenance program. The current value of the mower is estimated to be $1000 if sold at auction. Staff recommends donation of the mower to UPARC. Originating: Finance Section Consent Agenda Category: Other public Hearing: No Financial Information: ~ Other Review Aooroval Maraie Simmons 10-03-2003 14:07:24 Cii'l rrv Brum hi'lr.k 10-03-2003 09:40:20 Cvndie Goudeau 10-03-2003 15:16:46 Bill Hnrnp. 10-03-2003 12:22: 18 Surplus for November 6,2003 REASON FOR ITEM G-NUMBER YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL 1 G0133 1992 FORD CROWN VIC Police 2FACP72W9NX 198837 80.203 AGE/CONDITION 2 G0163 1993 FORD CROWN VIC Police 2FACP71W6PX 126529 75.663 BAD TRANS & ENGINE 3 G0309 1988 Taroet Cement Saw 21584 N/A AGE/CONDITION 4 G0314 1984 Stltll Post Hole Dlooer 113410639 N/A AGE/CONDITION 5 G0358 1992 GMC TC7H042 FLATBED DUfo.1P 1GDL 7Hl P8NJ500276 68.664 Aoe. Condo Cost 6 G0371 1989 INTERNATIONAL 12 YD DUr,1p 1 HTGLGBT9KH223036 66.851 Ace, Cond.. Cost 7 G0401 1986 HI VU Arrow Board w/traller 3391 N/A AGE/CONDITION 8 G0530 1989 FORD 15 pass CLUBWAGON 1FBJC31H5KHC31201 61.614 AGE/CONDITION 9 G0568 1989 Homelite 3" Dlaohram Pumo HJ2930068 N/A AGE/CONDITION 10 G0570 1989 GMC 2500 UTILITY/ L1FTGATE 1 GDGC24 K5KE5460 16 78,487 AGE/CONDITION 11 G0615 1987 Rvan Sod Cutter 125236 N/A AGE/CONDITION 12 G0674 1987 Rvan Sod Cutter Trailer lR9ET061XHLOO0896 N/A AGE/CONDITION 13 G0737 1987 Power Guard Generator B871899 N/A AGE/CONDITION 14 G0774 1989 GMC SIERRA 3500/FLATBED lGDJR34K8KF703834 85.364 AGE/CONDITION 15 G0905 1987 FORD F700 CHIPPER BOX DUMP 1 FDWF70HOHVA53377 16,111 Ace, Cond.. Cost 16 G1016 1993 KUBOTA B71 00 Loader/Backhoe 66014 N/A Aoe. Cond" Hours 17 G 1 049 1992 FORD F700 PROPANE TANKER 1 FDXF70J9NVA28092 132.213 Aoe. Cond.. Mileaee 18 G1106 1994 FORD RANGER P/U 1FTCR10U2RTA63737 101,388 AGE/CONDITION 19 G1125 1992 FORD F350 UTILITY / L1FTGATE 1FDJF37H7NNA87899 112.807 AGE/CONDITION 20 G1167 1994 FORD CLUBWAGON VAN 1FMEE11 N8RHB65182 97.893 AGE/CONDITION 21 G 1176 1992 GMC General Truck Tractor 1 GDT9F4COJV603265 Unk. AGE/CONDITION 22 G1177 1988 GMC General Truck Tractor 1 G DT9F4C2JV603266 213,905 AGE/CONDITION 23 G1182 1992 Ford L T 9000 Truck Tractor 1FDYU90L7NVA34951 197,600 AGE/CONDITION 24 G1185 1983 CHEVY CUS DEL 30/ FLATBED lGBHC34T2DV114479 39,870 AG E/CON DITIO N 25 G 1329 1993 RGF Truck Wash Filtration System TGJ 180046 N/A Inoperative 26 G 1408 1994 CHEVY 3500 UTILITY / L1FTGATE 1GBJC34K1 RE309344 104.476 AGE/CONDITION 27 G 1460 1995 F250 UTILITY BODY 1 FTHF25H4SNA96846 88.061 AGE/CONDITION 28 G1491 1995 White/GMC 12 Yd. Dumo 4V2JCBMD1SR836416 73,340 AGE/CONDITION 29 G1496 1995 F350 UTILITY BODY 1 FDKF37HXSNB04226 109.667 AGE/CONDITION 30 G1512 1995 FORD E150 Careo VAN 1FTEE14Y7SHB68056 87.038 AGE/CONDITION 31 G 1535 1995 CHEVY 2500 SUBURBAN 3GNGC26K9SG 106043 95.693 AGE/CONDITION 32 G1579 1996 OLDSMOBILE CIERA 4 Dr. 1G3AJ55M5T6366466 76,655 AGE/CONDITION 33 G1582 1996 OLDSMOBILE CIERA 4 Dr 1 G3AJ55M5T6368315 77.067 AGE/CONDITION 34 G 1584 1996 OLDSMOBILE CIERA 4 Dr. 1 G3AJ55M4 T6368550 78.805 AGE/CONDITION 35 G1593 1996 CHEVY MONTE CARLO 2G1VVX12XOT9270774 79.186 AGE/CONDITION 36 G 1596 1996 FORD MUSTANG 1FALP42X6TF156769 82.424 AGE/CONDITION 37 G1599 1996 PONTIAC FIREBIRD 2G2FV22P4T2221920 78.773 AGE/CONDITION 38 G1643 1996 FORD CROWN VIC Police 2FALP71W5TX160326 88.135 AGE/CONDITION 39 G 1650 1996 FORD CROWN VIC Police 2FALP71WnX160338 91.672 AGE/CONDITION 40 G1680 1997 Ford L T 9000 Truck Tractor 1 FTYU90B1WA27134 101.388 EnQine Problems 41 G 1708 1996 VERMEER 1250 BRUSH CHIPPER 1VRC14137T1005737 N/A Cost. problem unit 42 G1787 1997 GMC T7500 w/ Jaws Loader 1GDM7C1JXVJ519771 68.607 Enoine Problems 43 G 1792 1997 FORD RANGER P/U 1 FTCR10U3VUC97695 88.380 AGE/CONDITION 44 G1840 1997 Stihl # TS-760 Cement Saw 336076472 N/A AGE/CONDITION 45 G1968 1998 Hustler 2500 Rldina Mower 7063092 N/A EnQine Problems 43 G2049 1998 Jacobsen 5 Gana Mower 67820 2045 N/A AGE/CONDITION 44 N/A CT SV5 Radio Service Monitor/Analvzer 89312010 N/A Obsolete 45 N/A CT Svs Radio Service Monitor/Analvzer 89372005 N/A Obsolete 46 N/A 1996 John Deere Riding Mower MOO 345 041 858 N/A Too small for regular usage Item 46 was donated to the City when the City accepted responsibility for lawn maintenance at the Long Center. This mower Is too small for nonnal operation. The estimated current value Is $1000 if sold at auction. We have a request from UP ARC for donation of U,is mower to support their loca I operation. Request pennission to donate Item 46 to UPARC, HRi -,' ,- - -.' .' - '-' '..~ '-- City Commission Agenda Cover Memorandum ~3 ~ Clearwater: _ _ ":":-...".:'...... ":--_":.'_"'~'.' I . .. Trackinq Number: 236 Actual Date: 11/06/2003 Subiect / Recommendation: Authorize the additional amount of $50,000 to continue the services of Deborah Brown, Esq., of the law finn of Thompson, Sizemore & Gonzalez to assist the City in contract negotiations with tile International Association of Fire Fighters (IAFF). Summary: The City is involved in contract negotiations with the IAFF and the FOP. The Human Resources Department requires the continued assistance of Deborah Brown, an attorney with expertise in the area of contract negotiations and employment issues. The initial budget for this assistance was $50,000. In June, 2003, the City Commission authorized an additional $20,000. Since negotiations are ongoing, it has been determined that an additional amount of $50,000 is needed to facilitate the contract negotiation process. Oriqinatinq: Human Resources Section Consent Agenda Cateqory: Agreements/Contracts - with cost Public Hearing: No Finanr.iallnrormation: I.y~ Operating Expenditure Bid Required? No Bid Exceotions: Impractical to Bid In Current Year Budget? No Budg~t Adjustment: Yes Budget Adjustment Comments: A first quarter budget amendment will provide the funding for the contract with an appropriation of $50,000 from General Fund retained earnings. MQrooriations Code 010-09905-930100-513-000 Amount $50,000.00 Appropriations Comment ~viev.Lillmroval Tinrl Wilson 10-02-2003 13:23:39. ~ Clearwater ;:. .:Z~:.:::&:;~~ . - ...-......""_/""'--......-......../"..:,. C it Y Com m is s ion Agenda Cover Memorandum Cvndie Goudeau 10-02-2003 Bill Horne 10-02-2003 Pam Akin 10-02-2003 \'i'lrrv Rnl/nhi'lr.k 10-02-2003 08:10:54 18: 18: 10 13:46:23 09:39:01 .>. -.. '....... ..~,'.."" ',. ,""C~'.,~., ".,......,t .~.. ".p,_ "_.. __. ". ...0".......,., ~.,...._.., ," ; n~ft..... t ='~wa er -~ u~ City Co m mission ___ ~_ 9ll. ~!a_~..ll.~e_Uv'l_llll1_o.!.a !1.~_ _u_________ ~_i I~f /( i Trackina Number: 227 Actual Date: 11/06/2003 Subiect / Recommendation: Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2003 to November 30, 2004, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected and authorize the appropriate officals to execute same. Summary: In that the Clearwater Bay Marina site Is under review for redevelopment, we anticipate them renegotiating the terms of the agreement for the sale of parking permits that they sell for the City. We are therefore renewing the agreement on a yearly basis. This is the second one-year agreement. In return for collecting the dally launch fees; Clearwater Bay Marina retains twenty-five percent (25%) of the money collected. The City receives seventy-five percent (75%) of the daily launch fees and one hundred percent (100%) of all monthly and yearly launch fees sold at City locations. The Commission approved these percentages as part of the Marine and Aviation Business Plan. The estimated annual revenue for these parking passes is $ 106,483 with Decade properties 25% share being $26,620.75 and the City's 75% share being $79,862.75. The agreement is available In the Official Records and Legislative Services Department for review. Originating: Marine and Aviation Section Consent Agenda Category: Agreements/Contracts - without cost Number of electronic documents 2 attached: Public Hearing: No . Finanr.iallnfnrmlltinn: Review ADproval Cvndle Goudeau 10-23-2003 14:59:27 Bill Horne 10-24-2003 17:28:52 Garrv Brumback 10-20-2003 09: 36: 53 It', ).../ /. ,"( .I - J~ AGREEMENT The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City", and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is 900 North Osceola Avenue, Clearwater, Florida, state the following: 1. The City has improved the area known as the Seminole Street Launching Ramps and, in order to defray the cost of the improvements and provide funds for future maintenance, will charge a launch fee as described herein. 2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launching Ramps, whereon it operates a facility known as the "Little Boat House", which offers bait, tackle, supplies and other services to boaters. The principal public access to the "Little Boat House" facility is from the Seminole Street Launching Ramps and Clearwater Bay Marina desires that the public access be continued. 3, The City is interested in having Clearwater Bay Marina collect daily launch fees only and Clearwater Bay Marina is agreeable to collecting said fees on behalf of the City. 4. The City desires that a concession facility offering bait and tackle, boat supplies and similar items, public restrooms and services be operated on or adjacent to the said Seminole Street Launching Ramps for the convenience of the public. NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the parties agree as follows: A The term of the agreement shall be for a one year (1) period commencing on December 1,2003, and ending on November 30,2004. B. The launch fee shall be that amount established by the city as a charge for the launching of watercraft, the parking of vehicles and trailers, or both, at the launch ramp facility. The launch fee may be amended by the City at the City's option during the term of the agreement. C. Clearwater Bay Marina shall collect daily launch fees in the manner specified by the City and shall account for collected fees utilizing forms provided by the City. Seventy five percent (75%) of all collected fees shall be remitted to the City on a bi-weekly basis and twenty five percent (25%) of the collected fees may be retained by Clearwater Bay Marina as a collection fee. The City will retain 100% of launch fees sold at City locations. All collection records shall be subject to inspection by the City during the normal business hours of the City in the offices of Clearwater Bay Marina or the City. D. Clearwater Bay Marina shall operate the concession facility and collect launch fees from 6:00 AM to sunset each day during each and every day of the year except Christmas Day, weather permitting. The City Harbormasters' Decade Properties, Jnc, d/b/a Clearwater Bay ~larina approval shall be required at any time the concession is not operated and launch fees are not collected due to adverse weather conditions. E. Clearwater Bay Marina shall maintain and operate the concession and restroom facilities in a neat, clean and orderly condition during the term of this agreement and to charge no fee for use of the restrooms. The City agrees not to operate or permit to be operated similar or competitive concession facilities on the Seminole Street Launching Ramp property during the term of this agreement. F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed to be an agent of the City except for the limited purpose of collecting the launch fees as provided herein. G. Clearwater Bay Marina shall be responsible for compliance with the Americans with Disabilities Act (ADA) when selling launch fees by installing a buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a disabled person at the entrance to the "Little Boat House". H. This agreement may be terminated by either party upon sixty (60) days notice. IN WITNESS 'WHEREOF, the parties hereto have set their hands and seal this of 2003. Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Decade Properties, Inc. By: Jeff Keierleber, President Decade Propenies, Inc. d/b/a Clearwater Bay Marina 2 Clearwater City Co m m issio n ,-.. '--, .-,. ,-. ,-, ::.~::': :?::.~:~:~::;.:~;::~:: Agenda Cover Memorandum :35. Trackinq Number: 256 Actual Date: 11/06/2003 SJJQj~<;lLB.e~9m!1lt;mc:lJ;1tion : Approve Landlord Estoppel Certificate, Notice and Subordination Agreement to facilitate ClearvJater Golf Associates, Inc. securing a loan from Premier Community Bank of Florida for previously agreed upon improvements to tile Clear'water Executive Golf Course and authorize the appropriate officials to execute same. Summary..;. On December 19, 2001, the City of Clearwater and Clearwater Golf Associates, Inc., entered into a Lease Agreement for the Clearwater Executive Golf Course located at 1875 Airport Drive. The term of this Lease Agreement is for a period of twenty (20) years, commencing on March 1, 2002 and ending February 28, 2022. Several large capital improvement projects where listed as a part of Clearwater Golf Associates' responsibility. This also included CGA providing all of the funding. Clearwater Golf Associates, Inc., is obtaining financing through Premier Community Bank. The bank is in need of the City to execute a Landlord Estoppel Certificate and Notice Agreement and Landlord's Release in order to finalize the loan. The agreement provides for the City to: 1. Allow the bank a first security lien on personal property outlined in Exhibit "6", which is owned by CGA. The City will subordinate its first lien under Florida Statutes to the property listed in the event of a default. 2. Asks that the City make its best effort to inform the bank in the event CGA defaults. A copy of the Landlord Estoppel Certificate, Notice and Subordination Agreement is available for review in the Official Records and Legislative Services Department. OriginatinQ: Parks and Recreation Section Consent Agenda Cateqory: Agreements/Contracts - without cost Number of electronic documents attached: Public Hearing: No o Financial Information: Review ARproval Kevin Dunbi'lr 10-20-2003 13:34:43 Cvndie Goudeau 10-20-2003 08:12:40 Bill Horne 10-20-2003 18:19:10 ).) .( /'j I ... \ Y ~ Clearwater I ;:'~2v'::~ , .:;;/'~..........v ; Laura Lil10wski (irlrrv BrlJmbilCk C it Y Com m is s ion Agenda Cover Memorandum 10-20-2003 10-20-2003 14: 10:44 14:08:35 ',' --'"... .. ~.~ ., . "h' ,.' _ "_" _ " ," '<." "' _ _. ,.",_ "'T".40......~. .......... .~."'<.-"..,., ..~",,_ . . "._~_ ." _..~, ._. ..,........., .,..,.....-__._ ._ .__t...."'...__.~..>.'* .,.. _..,.._............'w~"" '''." '~'^,. _~.. _ ",.'..........."'"...~q.. '., ,. .-. ..,........' -....:.., ...~,.... ....,. - ..". ",,"" ".-",. ....,..... ,..... -. a5. LANDLORD ESTOPPEL CERTIFICATE, NOTICE AND SUBORDINATION AGREEMENT CITY OF CLEARWATER, a municipal corporation, (the "Landlord") does represent, warrant, covenant and agree as follows: 1. Landlord has leased certain property in Pinellas County, Florida (the "Property") to CLEARWATER GOLF ASSOCIATES, INC.. a Florida corporation (the "Tenant") pursuant to that certain Lease Agreement by and between Tenant and Landlord dated December 19, 2001, a copy of which is attached hereto as EXHIBIT "A" (the "Lease"). 2. The Lease is in full force and effect and has not been otherwise modified or amended and no default exists under the terms and conditions of the Lease. 3. The Lease represents the entire agreement between Tenant and Landlord and neither Landlord nor Tenant is obligated under any oral agreements pertaining to the Lease or the Property. 4. The rent due under the Lease has been paid through September 30, 2003, and no other prepayments of rent or security deposits have been made except as stated in the Lease. 5. The current base quarterly rent due Landlord including taxes or any other sums due under the Lease is $6,000.00 per quarter. The Lease also provides for rent based on a percentage of receipts as provided therein. 7. Tenant is not entitled to any rent concessions, reductions, setoffs or rebates from Landlord except as stated in Section 2 of the Lease. 8. Landlord has no current plans to utilize the Property for other municipal purposes and terminate the Lease as provided in Section 21 of the Lease. 9. Any obligations of Tenant as set forth in the Lease have been fully completed and Landlord has accepted Tenant's performance thereunder. Tenant is not currently in default under any of the terms of the Lease. 10. Landlord acknowledges that the representations made herein are being given as an inducement to Premier Community Bank of Florida (the "Bank") to make a loan (the "Loan") to Tenant for improvements to the Property to be secured by a first lien security interest in all equipment, furniture and leasehold fixtures on the Property owned by the Tenant (the "Collateral", attached hereto and made a part hereof as Exhibit "Bn). 11. Landlord shall make a best effort to provide the Bank with written notice of any default under the terms and conditions of the Lease specifying the nature of the default; provided however, the City shall not be under any legal obligation to provide such notice to the Bank. 12. The City hereby subordinates its statutory rights as landlord under the laws of the State of Florida for any lien, claim or assertion of title to any of the Collateral to the security interest of the Bank in the Collateral, and recognizes that the Bank's security interest in the Collateral is superior to any lien or claim of any nature which the City now has or may hereafter have to such Collateral by statute, agreement or otherwise. This Certificate is granted this _ day of October, 2003. "LANDLORD" Countersigned: CITY OF CLEARWATER, FLORIDA By: William 8. Horne II City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ~ t C \ Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of October , 2003; by , as City Manager and attested by , as City Clerk for the City of Clearwater, a municipal corporation. _ Personally known _ Florida Driver's License _ Other Identification Produced Notary Public Print or type name of Notary (SEAL) 203956 2 ATTACHMENT(S): EXHIBIT "A" - LEASE AGREEMENT EXHIBIT "B" - COLLATERAL DESCRIPTION 203956 3 ) I . LEASE AGREEMENT t THIS LEASE, made and entered into this ~ay of h~ ,2001, by and between the CITY OF CLEARWATER, Florida, a municipal corporation, hereinafter called the "City", and Clearwater Golf Associates, Inc., 401 Druid Rd. W., Clearwater, Florida 33756, hereinafter called the "Club". WHEREAS, it is the intent of the City and the Club to enter into a lease agreement for the premises described herein: NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 02-025435 ~AN-17-2002 4:3' PINELLAS CO 8K 11793 PG I GRANT OF LEASE & TERM 1~lmllllnlllnlllllmllmlmlllnUlnm 1. That for and in consideration of the covenants herein, the City does hereby lease to the Club, that certain real property located in the City of Clearwater, Florida, more particularly described in Exhibit "An attached hereto and incorporated hereby by reference. The term of this lease shall be for a period of twenty (20) years, commencing March 1, 2002, and ending February 28, 2022, unless sooner terminated by the provisions hereof. RENTAL 2. The Club shall pay to the City as base rental for the premises $48,000 annually, ~Ius applicable sales tax. The said rental payments shall be paid in advance to the City quarterly, beginning March 1, 2002. In addition, the Club shall pay to the City three percent (3%) of gross revenues in excess of $1.1 million annually. Payment is due at the submission of the annual report. As consideration of the Club's capital improvements described in Section 5 of this Agreement, the City agrees to relieve fifty percent (50%) of the base rental only for the first seven years of the Agreement. Beginning with the eighth year of this Agreement through tennination, full base rent plus any additional rent will be due. LEASE NOT ASSIGNABLE WITHOUT CONSENT 3. It is expressly agreed between the parties that this lease shall not be assignable to any other person, firm or corporation without the express written consent of the City, which consent may be granted or denied in the sole discretion of the City. USE AS PUBLIC GOLF COURSE 4. It is understood between the parties that the real property which is the subject of this "'fise will. nqtbe used in a~y manner other than as ~~lif 90lf f~TEl ~n1~olf ~aching facility. URN TO. .I l! EXHIBIT ~ ~ I !, I I I Q ~, CITY OlERK .. ~ I I I I; 1.\'Pj I ; ~ 'A ,,~I I, I I I ,\S; :~ 1 POST OFFICE 80" 4'''' f C:~ t-- <..' p'l ~':: r.: ,'. :.\. ;.... .. !, I ..: .... ", ^ ,..8 L~J '.):tJ,. C: :.. .~ "..: .:; 'I:: ". ..; r....~..._., 1(1"._,_ .....,"..... _ ow....... ) I IMPROVEMENTS PINELLAS COUNTY rLA, OrF,REC.8K 11793 PG 760 -- ---------.--- ---- -------" 5. As a condition to this lease, the Club shall construct the following upgrades to the course and support facilities during the term of this lease in accordance to the schedule a~ noted: a) During the first year of this Agreement, the Club, at it's sole expense, will pave anc stripe the existing parking and cart paths relating to the course. The paving may be eithel asphalt or concrete at the discretion of the Club. All work shall conform with all City codes. including landscaping. Approximate value $325,000. b) During the first year of this Agreement, the Club shall renovate all greens. Approximate value of $75,000. c) During the third year of this Agreement, the Club shall renovate and expand the existing clubhouse with meeting space available for the City and neighborhood meetings at no cost to the City for normal operating hours. Approximate value of $350,000. d) During the fourth year of this Agreement, the Club shall modernize the existing driving range, remove the maintenance shed and install a new maintenance shed. Approximate value of $300,000. The City must approve the design, site plan and construction of all facilities. Failure by Club to complete all improvements as described above shall be cause for termination of this lease. PROGRAMMING 6. As a condition to this lease, the Club must establish and construct the "John Huston" Golf School and Learning Center at the Golf Course during the first three (3) years of this Agreement. Elements of the school shall include, but are not limited to: a Junior Golf Academy, interactive tournaments and parent and child competitions. The City agrees through the Parks & Recreation Department to assist in marketing of the school. CLUB COVENANTS KEEP AND MAINTAIN A GOLF COURSE 7. The Club covenants that it will keep and maintain upon the real property an 18 hole pUblic golf course, together with incidental improvements and will use, occupy and make available, as herein contemplated, such premises as a golf course and related facilities for pleasure, recreation and other purposes consistent with such golf course operation. During the term of the within lease and any extensions thereof, such golf course shall be operated and the facilities shall be open for usage during the normal hours of operation and fees of the same or similar facilities in the area; provided, however, that at reasonable times portions of such course may be closed for necessary repair and/or reconstruction and/or maintenance. The Club will 2 I 1 provide to current emp,loyees of the City of Clearwater use of the course during normal operating hours for a fee of seventy-five percent (75%) of the prevailing rate for that start time. USE AND CARE OF PREMISES PINELLAS COUNTY FLA OFf,REC.8K 11798 PG 7 ., 8. The Club covenants and agrees that it will, at all times, keep, maintain and operate such course and the facilities thereon, or in any way connected therewith, in a good and prudent manner to the end that such course shall be kept in good, playable condition. The Club agrees to keep and maintain, in good repair, all permanent improvements, such as buildings, and water systems, including the making of necessary replacements and/or repairs even though the making of such repairs and improvements shall extend the life of such facility or facilities beyond the expressed date of this lease. The Club agrees to solely use the City's strategic business partner for the distribution and resale of all beverages as outlined in the City's current Agreement wit~ said partner. NO PERMANENT COURSE LAYOUT CHANGES WITHOUT WRITTEN CONSENT OF CITY 9. The Club covenants and agrees, no permanent change in the layout of the courSE shall be made except with the express written consent of the City. All the aforementioned dutie~ of construction, repair, alteration or maintenance imposed by the within lease are and shall bE separate expenses of the Club and shall never directly or indirectly be chargeable to the City no in any way be a mechanic's or material-men's lien or charge upon any lands. LEASE TO BE RECORDED TO PROTECT CITY AGAINST MECHANICS LIENS 10. This instrument may be recorded in the public records of Pinellas County, Florida b~ City and all persons, firms or corporations whomsoever are called upon to take due notice 0 these limitations and the superior rights of the City herein. NO PERMANENT STRUCTURES TO BE REMOVED 11. No permanent structure, once constructed. shall be removed from the premises 0 materially altered except with written consent of the City and all persons, firms or corporation: are expressly called upon to take due notice of the requirements of this lease. CITY RESERVED RIGHT TO UTILITY LINES, ROADS, ETC. 12. The City reserves at all times during the term of this Lease or any extension c renewal thereof the continuing right to utilize any portion of the leased premises for laying an, maintaining utility lines or facilities, including roads, or other necessary rights of way, providec nevertheless, the City shall use its best efforts to adopt such route or routes as will b reasonable and economically feasible to minimize interference with the purposes of this Lease. I I PINELLAS COUNTY FLA OFF,REC.8K 11793 PG 76 BANKRUPTCY OR DEFAUL T,-------._...._____. CITY HAS OPTION TO TERMINATE 13. Should the Club hereinafter be adjudged bankrupt or become insolvent or in any othel way be financially unable to keep the covenants of this Lease, the City may at its option terminate the lease, as though for breach of any other covenant. CLUB WILL PERFORM ITS OBLIGATIONS 14. The Club, in the performance of the covenants contained in this lease, shall at al times do or perform such acts or actions as shall be reasonably required by the context of thi! lease to fully perform its obligations hereunder, and shall, conversely, refrain from doing 0 permitting to be done any acts or actions which would jeopardize either its performance or abilit: to perform the covenants contained herein or the payment of rentals contemplated by the parties INSURANCE, INDEMNIFICATION AND HOLD HARMLESS 15. The Club agrees to indemnify and hold the City and its employees harmless from anI against any and all claims, demands, and causes of action or lawsuits of whatever kind c character arising directly or indirectly from this agreement or the performance hereof. Thi indemnity clause includes, but is not limited to, claims, demands. causes of action or lawsuits fc damages or injuries to goods. wares. merchandise and property and for any bodily or persom injury or loss of life in, upon or about the property. The Club shall obtain at its own expense, and maintain during the term of this agreemen the insurance coverages set forth below: (a) Property Insurance - Real property including improvements or additions shall b insured. (1) Bmn - All Risk Coverage - Coverage shall be no more restrictive than thi afforded by the latest edition of Insurance Services Office forms CF0011, CF0013, CF0420. ar CF1210. If available, at a reasonable cost, sinkhole insurance is to be included. If the provisior of the Club's All Risk Coverage do not include sinkholes and the unavailability of such covera~ is verified by the City's insurance consultants, the Club shall be deemed to be in compliance wi' this paragraph. (2) Amount of Insurance - The amount of coverage shall be the full insurab value on a replacement cost basis. (3) Flood Insurance - When building or structures are located within an identifif special flood hazard area. flood insurance shall be provided for the total insurable value of SUi buildings or structures or the maximum of flood insurance coverage available under the Natior Flood Insurance Program, whichever is less. I I (b) Boiler ~nd Machinery Insurance - If the buildings or structures include boiler(s) pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensivE insurance covering loss on the property including liability for damage to property of others. (1) Repair and Replacement. PINELLAS COUNTY FLA, OFF.REC.8K 11793 PG 763 ---------.-- ------.---- (2) Amount of Insurance - $1,000,000.00 per accident. (c) Comprehensive General Liability - Coverage shall be afforded on a form no morl restrictive than the latest edition of the Comprehensive General Liability policy filed by thl Insurance Services Office and shall include: (1) Minimum limits of $1,000,000.00 per occurrence combined single limits fc bodily injury liability, personal injury, and property damage liability. (2) Premise and Operation. (3) Independent Contractors. . (4) Products or Completed Operations. (5) . Personal Injury Coverage with employees and contractual exclusion removed. (6) Liquor Law Liability, if applicable. (7) Golf carts or other golfing appurtenances, not owned by the Club but brougl onto the property by others. (d) Business Auto Policy - Coverage shall be afforded on a form no more restricti" than the latest edition of the Business Auto Policy filed by the Insurance Services Office ar shall include: (1) Minimum limits of $1,000,000.00 per occurrence, combined single limits f. bodily injury liability and property damage liability. (2) Coverage on all vehicles (owned, hired, and non-owned). (e) Workers Compensation - Coverage shall apply for all employees for statuto limits in compliance with the applicable State and Federal laws. In addition, the policy shi include employer's liability with a limit of $500,000.00 for each accident. If the State of Flori( approves the self-insured status of the Club, the City agrees to recognize and accept such statl upon proof of such approval. (f) Other Requirements: " P INELLAS COUNTY FLA. OFF,REC.8K 11793 PG 764 ----.-.-~ -----._-- - ~ - --. ---.- - -- --.,.- - - ---.---.- (1) T~e City shall be named as an additional insured on all insurance policie~ required under this agreement. I (2) Copies of insurance certificates for all insurance required by the agreemenl and copies of all insurance policies covering insurance required by this agreement, shall bl furnished to the City Clerk of the City prior to the use of the property. (3) Not less than sixty (60) days notice of cancellation or restricted modification of any insurance policy providing the coverage required by this agreement shall be required 0 all insurance policies. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS 16. The Club agrees that in its use and occupancy of the leased property it will campi with all applicable laws, rules, regulations and ordinances of every governmental body or agenc whose authority extends. to the leased property or to any operations conducted upon the lease property, whether or not such laws, rules, regulations or ordinances are mentioned herein. CLUB TO SUPPLY AUDIT BY C.P.A. 17. The Club agrees for determination of the cash rental to be paid hereunder that it she at least annually, in each year of the term of this lease, at its own cost, furnish to the City complete audit of its operations, prepared by a Certified Public Accountant, together with sue interim accounts as may from time to time be requested. Such annual statement shall t furnished within thirty (30) days of the anniversary date of this lease. The Club shall furth. submit an annual report of course operation, including, but not limited to, rounds played, rounc played by Clearwater residents, status of co-sponsored programs, budget including expense revenue and capital expenditures. RIGHT OF ENTRY BY CITY 18. Employees of the City shall be afforded the right at all reasonable times to enter upc the leased property for the purpose of inspecting the leased property and the Club's oth facilities. OBLIGATION TO PAY TAXES 19. The Club agrees to pay, any federal, state or local taxes which may be levied on tI property or any improvements or uses placed thereon, but it is agreed that the uses herein ser a public and municipal purpose, and the partners do not waive any exemptions permitted by lav WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES 20. The Club must obtain City approval to remove, demolish, remodel, or replace a. building or buildings on the leased land, or erect new structures thereon. I lpINELLAS COUNTY FLA. TERMINATION OFF . REC .8K 1 1793 ~~_.___~_~___ ---------------- --------- 21. City may terminate this lease with thirty (30) days written notice to the Club if Clut violates any provision of this lease or fails to cure any al/eged default. City may also terminatE this lease for any municipal purpose (other than a golf course) consistent with City Charter b~ giving 6 months written notice to Club. In the event the City terminates this lease for a municipa purpose then: a) City will reimburse the Club on a pro-rata basis for such authorized improvements The percentage of reimbursement begins with one hundred percent (100%) on the date 0 commencement and declines on a pro-rata basis during each agreement year. The percentag<< listed below is the amount due to the Club for structural improvements authorized and approve( by the City and is limited to the amounts stated in this Lease Agreement unless otherwise modified with the consent of both parties. b) The Club must submit paid written reports of all improvements within thirty (30) days c completion of said improvements. City shall have the right to inspect all improvements. Years 0-4 4-5 5-6 6-7 7-8 Reimbursement of Club Improvements 100% of Club Improvements 80% of Club Improvements 60% of Club Improvements 40% of Club Improvements 20% of Club Improvements c) Any claim for reimbursement must be approved by the City Commission. Upo reimbursement, Lessee shall release all claims against Lessor arising out of this Agre~ment, an Lessee shall have no further claim on said Premises. HOLDOVER AFTER TERMINATION ON MONTH TO MONTH BASIS 22. If the Club, with the consent of the City, continues in possession of the leased proper after expiration of the term of this lease, then the Club will be deemed to be holding the lease property on a month to month tenancy subject to all of the other provisions of this lease, but sue tenancy by sufferance of the Club shall not be construed as a waiver of any right hereundl conferred upon the City. FAILURE TO ACT BY CITY NOT A WAIVER 23. Failure of the City to Insist upon performance of any covenant hereunder shall not t deemed to be a waiver of the right to Insist upon full performance at any subsequent time. I PINELLAS COUNTY FLA. _.l OFF ~REC ,8K 11793 PG 766 . AMENDMENTS MUST BE IN WRITING ---.---------..----- 24. Any additions or modifications to this lease shall be in writing and shall be executed b~ both parties, and no oral agreement shall be effective to change or modify the terms of this lease. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement the day and year first above written. Signed: By: By: CITY OF CLEARWATER, FLORIDA coun~ed: ---~ ~~ Brian J. Aungep' Mayor-Commissioner Joh arassas Assistant City Attorney B t . I I. PINELLAS COUNTY rLA Orr.REC.8K 11793 PG 767 ---.-. ..--..- -- ---- Exhibit "A" Commence at the center of Section 12, Township 29 South, Range 15 East: thence N89019'10"W, 50.00 feet to a point on the West right of way line of Hercules Avenue; thence SOoo16'59''W, along said West right of way line 1,489.39 feet to the North right of way of Gilbert Street, thence N89020'18"W along said North right of way line 375 feet; thence NOooI6'59"E, 160.46 feet; thence N89020'1 8"W, 200.84 feet to the Point of Beginning; thence N25013'17"W, along a line 135 feet West orand parallel to the centerline of the Clearwater Airpark 3,425.58 feet; thence N89021 '07"W, 602.36 feet; thence SOoo1 3'07"W, 2,159.40 feet; thence East, 547.38 feet; thence SOoo23'02"E, 928.95 feet; thence 889020'18", 1,527.86 feet to the point of beginning. Less all existing right of way for Keene Road, less property described in a.R. 11494, page 830-845, and less 60 feet for Airport Drive along the South boundary ofthis described tract. OCT-17-2003 08:29 FISHER & SAULS P.R. 727 822 1533 P.14/20 c:ecuwater E;.;ecutive GC Inventcry Juiy 1,2003 ,. Os~ a9 IzIJzu pup 91 Chevy 112 Ton PIckup 85 F350 Oump TrueX Tcw !500D FaiIWIY Mower RBn$Omea 2!50 Ruff MaNerI FairW8'f MCMer JaC:)OSOn F 1 0 FonI<IOOO Trac=r Kubuta AQ30 SU TrztDr Kubuta 87100 TrlctQ( FIcyd Mckay AerifteI' Tew 3ClO Greens Mawet 3 JKObSOn GtMftS ICIni .;. 2 Jacobsan W8Ik Behind Mowers c~ ......, A8rifter RyaIt Sod CUtter Tore Wale Behind Na/IM BilIt Goat V8ccum CustwNrI Trap Mllchine TotO 3100~ Turf CO Top Oresur Hahn Multi pltJ .411 Spmy.Rig 'CUIIftmIn Spray Rig Tom 3250 GfaUnds ...... \J1con 500lb SpNder 3 Leeco 80Lb ~ Tora 51QQO FakwIIy MaMtr TCM !ei1irid 8IcMIr 3 Club C. Carry Al2 Wark Carts 1 Cull c.r C.rry NA 2 BeY. c.ta 2~Work~C- 2 Taro 1000 WIIk GI-.s Mower 1 Toro P\l1h Maw8t t Sc:ans Push Mower 3 Eeho W...~ 1 SIiI ShocIc Edger 1 SIll 017 14. ChIinsaW 1 SH Q29 20" CMillftaWllr , e.GeII pre..ure washer 1 Bed knife Grinder '~Grind" 1 All Comprwuor , 1 Ucait w.lder 2 NRIty a.cIc lap Mad'Iin.. ~ Ned Max Weed bCIlIlr 11' Tut Wrar Pw'np ~ sa Hp TyrbiM ~ 1 RyIn .--Wlllclng vncuuer 1T... Edler . Page 10t 2 . "': j..: ".', 'F~~' . ! EXHIBIT ID OCT-17-2003 08:29 Description True Beer Cooler True Keg Cooter Table-chalrs (Bar) Table-chairS (Rest.) Dell Computer Compeq Computer Toro Vacuum Ransom Rough Mower 6A300 Aelfler 5300A Toro Fairway Mower 5300A T oro Fairway Mower True Freezer True Freezer-Stand up Grill Flat Top 20M72 FISHER & SAULS P.A. 727 822 1533 Clearwater Executive GC Inventory 9/15/03 Page 2 of 2 P.15/20 Clearwater City Co m m issio n Agenda Cover Memorandum J(P :::;::::;;~~~;~~?8 ' Tracklnq Number: 246 Actual Date: 11/06/2003 Subject / Recommendation: Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $103,545 for funding of three teen programs and authorize the appropriate officials to execute same. Summary: The City of Clearwater Parks and Recreation Department has been awarded funding for a grant totaling $103,545 for FY 03-04 from the Juvenile Welfare Board. Commission approval is required for each subsequent year of the grant. Clearwater Parks and Recreation Charting a Course for Youth program was developed in 2000 to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre-teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex, North Greenwood Recreation and Aquatic Complex, and Joe DiMaggio Sports Complex. To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as prevention of HIVjAIDS, teen pregnancy, and drug abuse. Each facility has a room that has been completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games. An estimated 900 teens participate in the various programs each year. Similar to FY 02-03 tile grant will cover 100% of the program that is currently hosted at the Ross Norton and Joe Ditvlaggio Complexes including one full-time Recreation Leader at each facility. The full-time Recreation Leader positions were funded in FY 00/01 and will continue to be funded by this grant. The North Greenwood Recreation and Aquatic Complex site was added in July of 2003. Clearwater's in-kind contribution includes overall program supervision and coordination. No matching funds are required. There is no requirement to continue the program when the qrant ends. The following speCial project numbers have been established for accounting purposes: 181-99821 Juvenile Welfare BoardfJoe DiMaggio Sports Complex Teens 181-99822 Juvenile Welfare Board/Ross Norton Complex Teens 181-99833 Juvenile Welfare Board/North Greenwood Teens A copy of the agreement is available for review in the Official Records and Legislative Services Department. Orioinatino: Parks and Recreation Section Consent Agenda ~ate.g9J:.Y~ Agreements/Contracts. without cost Number of electronic documents attached: 1 .., /' ) I' A' .--<- ~ Clearwater I V~l .:;r~..-v , C it Y Com m is s ion Agenda Cover Memorandum Public Hearinq: No Finllnr.i:lIlnfnrmlltinn: Review Approval Kevin Dunbar 10-06-2003 13:44:54 C:vnrl ip C;Ollnp;llI 10-06-2003 10:26:16 Bill Horne 10-06-2003 09:53:17 Laura lioowski 10-06-2003 10:16:23 (ii=lrrv Brllmhnr.k 10-06-2003 09:42:20 . ~ 2-~ AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater, Florida Parks and Recreation Department (Charting the Course for Youth) I. PURPOSE The Juvenile Welfare Board of Pinellas County, a Pinellas County special taxing district, whose address is 6698 - 68th Avenue North, Pinellas Park, Florida 33781, hereinafter referred to as "JWB", and the City of Clearwater, Florida, a municipal corporation of Florida, whose address is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2003 and extending through September 30, 2004. The parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: II. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas, and are subject to the supervision, personnel practices and poliCies of the provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any approved revisions, which are submitted for fiscal year 03-04 funding. III. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices, as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section VIII of this Agreement. IV. FUNDS The budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $103,545 for Charting the Course for Youth for actual costs incurred for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed. on Attachment 5 (or on the preceding working day in case of a holiday). The Provider may select to submit a request for payment every other week or once a month. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. Agency: City of CleafWater Page 1 of3 Section I 9/26/03 VI. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children, as determined by JWB. 2. Except as provided in subparagraphs 3 and 4 below, either party upon no less than thirty (30) days notice may terminate this Agreement. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. 5. The above provisions shall not limit the Parties right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to its effective date. VIII. SPECIAL CONDITIONS The following condition(s) apply to all listed programs within the City of Clearwater. 1 . General Condition #3 (Audit and Management Letter) is waived. 2. General Condition #6 (Board Members and Meetings) is waived. Agency: City of Clearwater Page 2 of 3 Section I 9/26/03 IX INDEMNIFICATION The Parties recognize and agree to abide by the provisions of 9768.28, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of ,2003. Signed, sealed and delivered In the presence of: JUVENILE WELFARE BOARD OF PINELLAS COUNTY Witness Signature Executive Director Print Name: Print Name: Witness Signature DATE Print Name: IN WITNESS WHEREOF, the parties hereto have set their hands and seal this _day of ,2003. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Home, II City Manager Approved as to form: Attest: / , ~ \ Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Agency: City of Clearwater Page 3 of 3 Section I 9/26/03 ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1, AQreement Revisions This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and JWB, No amendments to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2, Fiscal Responsibility - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. C. To maintain and file with JWB in a timely fashion reports related to services provided under this Agreement, D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Audit and ManaQement Letter Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s). The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. 4. Other Financial Support A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision in the budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement. A written justification will be made of any difference in the proposed budget revision and the approved budget. Statements which reflect reductions in excess of 5% of total program funding or $5,000, whichever is least, as reflected in the approved budget, or reduction in any amount which in the judgment of JWB would significantly interfere with implementation of the program as originally approved, may be grounds for breach of Agreement. B. Provider will report any request to any other source for financial support relating to this program for this fiscal year; and report any other financial support received which amounts to 10% of the total program cost or $5,000, whichever is least, and an explanation of how such additional funds will be used. A full copy of requests or applications for other financial support will be provided if requested by JWB. C. JWB funds will not be used for expenditures also funded by other sources. D. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from JWB. Agency: City of Clearwater Page 1 Of 3 Section II 09/24/03 11 :39:47 AM 5, ProQram Monitoring Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including SAMIS and A.S,S,E.T.), and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 6. Board Members and MeetinQs Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members shall be submitted in accordance with JWB policy. 7, Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds, B. Publicizina of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assianments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in additon to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, with the following exceptions: a) such information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. The provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with Its instructions. Agency: City of Clearwater Page 2 Of 3 Section II 09124103 11 :39:47 AM 13. Special Situations Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Measurable Oblectlves Provider agrees to negotiate measurable outcomes for services covered by this contract consistent with established JWB policies and procedures. 16. Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by special circumstances. . Agency: City of Clearwater Page 3 Of 3 Section II 09/24/0311:39:47 AM ATTACHMENT 2 City of Clearwater Charting the Course for Youth MEASURABLE OBJECTIVES FY 03-04 Service Component: General Youth Services Objective 10 Objective Description 1933 Primary youth enrolled in the program will develop or increase interpersonal skills by the end of 6 (six) months or case closure as measured by at least a twenty percent (20%) increase in scores from pre to post on the Interpersonal Assessment Scale. The Interpersonal Assessment Scale will be given when the youth enter the program (pre) and at the end of 6 (six) months or case closure, whichever occurs first. (CDG-Summary) 1934 Primary youth in the program will maintain satisfactory grade point average (defined as a "C" or higher) or improve their overall grade point average by the end of the school year as measured by the difference between pre and post school report card letter grades. School report cards will be reviewed for the semester before program participation begins (pre) and at the end of the school year or at least for one semester subsequent to enrollment in the program (post). (CDG-Summary) 1935 Primary youth in the program will express satisfaction with the program as indicated by a score of at least 49 points on the Youth Satisfaction Survey. The Youth Satisfaction Survey will be administered at the end of every semester (December and May). Measurement must be completed by the end of the JWB fiscal year. (CDG - Summary) Contracted Service Levels All Primary Participants will be measured through the Measurable Objective reporting module in SAMIS within a twelve month period. Primary Participants Contracted Primary Youth - 90 Contracted Primary Adults - 0 Total Contracted Primary Youth and Adults: 90 Secondary Participants Estimated Secondary Youth - 0 Estimated Secondary Adults - 0 Total Secondary Youth and Adults: 0 Agency: City of Clearwater Page 1 Of '2 Section III 09/26/038:55:36 AM Status: Submitted ATT ACHMENT 2 City of Clearwater Charting The Course For Youth MEASURABLE OBJECTIVES FY 03-04 Service Component: Adult Satisfaction Obiective Description 1. Caretakers (Primary adults) of primary youth in the program will express satisfaction with the program as indicated by a score of at least 46 points on the Caretaker Satisfaction Survey. The Caretaker Satisfaction Survey will be administered at the end of every Semester (December and May). Measurement must be completed by the end of the JWB fiscal year. (Manual) Contracted Service Levels 90 Primary Adults SAMIS Group Activities Module Program will document all community activities and events sponsored in the SAM IS Group Data Module. Agency: City 01 Cloarwater Page 2 012 Section III 9/26/032:17 PM ATTACHMENT 3 GEOGRAPHICAL SERVICE AREA Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group. Provider wiff advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Service wiff be provided countywide Services will be provided less than countywide. Service wiff be provided in the following zip codes (list all zIp codes of the target area) Charting the Course for Youth 33755,33756 Agency: City of Clearwater Page 1 Of 1 Section IV 09124103 11 :39:47 AM ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) following this page, Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in Attachment 1 of this agreement. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 7/19/00, Copies of these guidelines are available from JWB upon request. In many instances, budget amendments require the approval of JWB staff. However, there are instances when providers may amend the budget and then notify the contract manager. In such instances. the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff. B. A change in an individual position salary or fringe expenditure shall be considered as separate line items. The program may make transfers between individual salary and fringe lines, but such transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of approved salary and fringe. C. The program may make transfers between operating expense line items of the JWB Allocation not exceeding $1,500 (except Administrative Cost) per line item, and not exceeding $3,000 in aggregate per amendment. D. In accordance with the budget amendment approval guidelines, the program may only amend the budget twice per contract year without JWB approval. Additional budget amendment requests will require the approval of the JWB as per the guidelines. E. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date in September. Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter of the fiscal year without prior JWB approval. Any unused per diem in one quarter may be carried over to a subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB. Agency: City of Clearwater Page 1 Of 1 Section V 09/24/03 11 :39:47 AM FORM 2 CHARTING THE COURSE FOR YOUTH CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) 02-03 03-04 02-03 03-04 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569,120 Regular Salaries and Wages S75,898 $116,197 537,715 S68,982 83% Total Salary : $75,898 $116,197 53% $37,715 $68,982 83./. Fringe Accounts: 569,210 FICA 51,101 S1.4151 29% $547 $1,000 83% 569,220 Retirement Contributions $5,314 $7,642 44% 52,640 $4,830 83% 569,230 Life and Health Insurance $14,461 S24,610 70% S9,201 $16,488 79% 569,240 Workers Compensation $3,089 $7,866 155% $1,140 S5,400 374% 569,250 Unemployment Compensation $0 SO 0% $0 $0 0% Total Fllnge : $23,965 $41,533 73% $13,528 $27,718 1050;. Operating Expense Accounts: 569,310 Professional Services S2,100 S1,050 -50% $2.100 $1,050 -50% 569,311 Professional ServicesIWorkshops $0 $0 0% SO SO 0% 569,320 Accounting and Auditing $0 SO 0% $0 SO 0% 569,321 Bank Services $0 SO 0% SO $0 0% 569.330 Courtllegal Services SO SO 0% $0 $0 0% 569,340 Other Contractual Services $0 SO 0% 50 $0 0% 569,350 Investigations $0 SO 0% SO $0 0% 569,400 Travel and Per Diem SO $0 0% $0 $0 0% 569,401 Conference $0 $0 0% SO SO 0% Agency: City of Clearwater Page 1 Of 3 Section VI 09/24/0311:39:47 AM Status: Submitted (1 ) (2) (3) (4) (5) (6) 02-03 03-04 02-03 03-04 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 569.402 Transportation S400 sol -100% S400 SO I -100% 569.410 Communications-Telephone SO SO 0% SO SO 0% 569.411 Communications-Long Distance SO SO 0% SO SO I 0% 569.412 Communications-Postage and SJ SO 0% SO SO 0% Shipping 569.413 Communication-Internet SO SO 0% SO SO 0% 569.430 Utility Services SO SO 0% SO SO 0% 569.431 Water/Sewer/Sanitation SO SO 0% SO SO 0% 569.440 Rentals & Leases (Building & Land) SO SO 0% SO SO 0% 569,441 Rentals & Leases - Equipment SO SO 0% $0 SO 0% 569.450 Insurance SO SO 0% SO SO 0% 569.460 Repair & Maintenance Services. SO SO 0% SO SO 0% Equipment 569.461 Repair & Maintenance Services - SO SO 0% SO SO I 0% Property 569.462 Repair & Maintenance Services - SO $0 0% SO SOl 0% Grounds 569.463 Vehicle Repair and Maintenance SO SO 0% SO SOl 0% Services 569.4 70 Printing & Binding I SO SO 0% SO SO 0% 569.471 Copying & Binding SO $0 0% SO SO 0% 569.480 Promotional Activities $0 $0 0% SO SO 0% 569.481 Advertising SO SO 0% SO SO 0% 569,493 Match $0 SO 0% SO $0 0% 569.494 Administrative Cost $0 $0 0% $0 $0 0% 569.495 Residential Per Diem SO $0 0% SO SO 0% 569.496 Day Program Per Diem SO SO 0% SO SO 0% Agency: City of Clearwater Page 2 Of 3 Section VI 09/24/0311:39:47 AM Status: Submitted (1 ) (2) (3) (4) (5) (6) ACCT# TITLE 02-03 03-04 02-03 03-04 PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 569,497 Day Program Subsidy $0 sol 0% SO SO 0% 569,498 Day Program Hourly Unit Cost SO SOl 0% SO $0 0% 569.510 OHice Supplies $197 $4601 134% $197 $460 134% 569,515 Participant Expenses $0 $1,0251 100% $0 $1,025 100% 569,520 Operating Supplies $6,084 $2,195 -64% $6,084 $2,195 -64% 569,521 Food & Nutrition $1,650 $1.8551 12% $1,650 $ 1 ,855 12% 569,540 Subscriptions $240 $2601 8% $240 $260 8% 569.541 Books $0 $0 0% $0 $0 0% 569.542 Dues & Memberships $0 $0 0% $0 $0 0% 569,543 Educational Materials $0 $0 0% $0 $0 0% 569,544 Educational Training $0 SOl 0% $0 $0 0% 569.590 Depreciation SO $0 0% $0 $0 0% 569,600 OtherlMiscelianeous $0 $0 0% $0 $0 0% 569,640 Machinery & Equipment (Capital $0 $0 0% $0 $0 0% Outlay) 569,660 Books, Publications, and Library $0 $0 0% $0 $0 0% Materials (Capital) Tolal Operating Expense: $10,671 56,845 -36% 510,671 56,845 -36% Total Program Expenses: $110,534 5168,544 52% $61,914 5103,545 67% Agency: City of Clearwater Page 3 Of 3 . Section VI 09126/033:16:36 PM Status: Submitted FORM 3 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION FISCAL YEAR 03-04 Gross Salary In Fringe In JWB Request JWB Request Salary Position Employee % Time Salary Program Program For Salary For Fringe Funding % In 03-04 03-04 03-04 03-04 03-04 Program Coordinator Clayton 2% $45,457 S909 $223 $0 SO 0.00% Program Coordinator LaTerza 5% S52,813 52,641 52,491 SO SO 0.00% Programmer Menchaca 50% S26,413 513,207 54,722 SO $0 0,00% Rec Programmer TBD 100% $25,254 $25,254 59,598 $25,254 $9,598 100.00% Recreation Leader C Jenkins 100% $20,848 $20,848 $8,974 $20,848 S8,974 100,00% Recreation Leader 0, Thompson 100% $22,880 $22,880 59,146 $22,880 $9,146 100,00% Recreation Supervisor TBD 10% 536,478 53,648 $1,074 $0 SO 0,00% Specialist Miller 50% S41,140 $20,570 S3,136 SO $0 0,00% Supervisor II Richardson 10% $31,203 S3,120 $1.089 SO SO 0.00% Supervisor II Sowada 10% $31,203 $3,120 $1,080 SO $0 0,00% I TOTALS $333,689 $116,197 $41,533 $68,982 $27,718 59.37~. Agency: City of Clearwater Page 1 Of 1 09/24/0311:39:47 AM Section VII Status: Submitted FORM 4 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREP ARA liON NARRATIVE FISCAL YEAR 03-04 ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE/ DECREASE 569.120 Regular Salaries and 09/2612003 Budget includes in.kind support of 5118,217 56% Wages Coordinators, Supervisors, and Programmers. JWB provides 100% support for Recreation Leaders and Programmer, 569.210 FICA 09/051200308/0712003 Municipal employees with a 51,415 29% pension plan hired belore 1986 do not pay FICA, those hired after 1986 only pay FICA-Med at 1,45 percent of annual salary. 9 of 10 employees pay FICA med. 569.220 Retirement 09/2612003 City pension plan is calculated at 7% of 58,277 56% Contributions annual salary. 10 employees are elegible for the penSion plan, 569.230 Life and Health Insurance 09/051200308/0712003 Full time employees receive medical insurance at no cost to the employee: employer's cost Is set by bid. FY 03/04= $5,400, 10 employees receive Group Life insurance at $12 annually and medical insurance. 4 employees receive additional life insurance at 1 % of employee's base salary. 525,924 79% 569,240 Workers Compensation 09/051200308/0712003 The City of Clearwater pays $1800 per full time employee for Worker's Compensation for all 10 program employees. $7,866 155% 569.250 Unemployment Compensation $0 0% Agency: City of Clearwater Page 1 Of 6 Section VIII 09/26103 10:55:47 AM Status: Subml"ed ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM S AMOUNT PERCENT INCREASE/ DECREASE OPERATING EXPENSE BUDGET NARRATIVE 569,310 Professional SeNices 09/26/200309/26/200308107/2003 Ross Norton $1,050 -50% Instructors Speakers $100 Drumming-$10Ihr x 10 hr = $100 Workshop-$50 Joe DiMaggio Instructors Teen Development-$20Ihr x 10hrs = $200 N, Greenwood Drummlng-$20Ihr x 10 hr = $200 Art c1asses-S20Ihr x 20 hr = 400 Original Budget Calculation =100+100+50+200+200+400 569.311 Professional $0 0% SeNices/Workshops Original Budget Calculation =0+0 569.320 Accounting and Auditing $0 0% Original Budget Calculation =0+0 569.321 Bank SeNices $0 0% Original Budget Calculation =0+0 569,330 Court/Legal SeNices $0 0% Original Budget Calculation =0+0 569.340 Other Contractual $0 0% SeNices Original Budget Calculation =0+0 569.350 Investigations $0 0% Original Budget Calculation =0+0 569.400 Travel and Per Diem $0 0% Original Budget Calculation =0+0 569.401 Conforence $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 2 Of 6 Section VIII 09/26/033:16:36 PM Status: Submitted DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569,402 Transportation 08/07/2003 0 SO -100% Original Budget Calculation =0 569.410 Communications- Teleph SO 0% one Original Budget Calculation =0+0 569.411 Communications.Long $0 0% Distance Original Budget Calculation =0+0 569.412 Communicallons-Postag SO 0% e and Shipping Original Budget Calculation =0+0 569,413 Communication-Internet SO 0% Original Budget Calculation =0+0 569.430 Utility Services $0 0% Original Budget Calculation =0+0 569,431 Water/Sewer/Sanitation SO 0% Original Budget Calculation =0+0 569.440 Rentals & Leases SO 0% (Building & Land) Original Budget Calculation =0+0 569,441 Rentals & leases - SO 0% Equipment Original Budget Calculation =0+0 569.450 Insurance SO 0% Original BUdget Calculation =0+0 569.460 Repair & Maintenance SO 0% Services. Equipment Original Budget Calculation =0+0 Agency: City of Clearwater Page 3 Of 6 09/26/033:16:36 PM Section VIII Status: Submitted DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.461 Repair & Maintenance SO 0% Services. Property Original BUdget Calculallon =0+0 569.462 Repair & Maintenance SO 0% Services. Grounds Original Budget Calculation =0+0 569.463 Vehicle Repair and SO 0% Maintenance Services Original Budget Calculation =0+0 569.470 Printing & Binding $0 0% Original Budget Calculation =0+0 569,471 Copying & Binding $0 0% Original Budget Calculation =0+0 569,480 Promotional Activities $0 0% Original Budget Calculation =0+0 569.481 Advertising SO 0% Original Budget Calculation =0+0 569,493 Match $0 0% Original Budget Calculation =0+0 569.494 Administrative Cost $0 0% Original Budget Calculation =0+0 569.495 Re!oidential Per Diem $0 0% Original Budget Calculation =0+0 569,496 Day Program Per Diem $0 0% Original Budget Calculation =0+0 569.497 Day Program Subsidy $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 4 Of 6 Section VIII 09/2410311:39:47 AM Status: Submitted . DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569,498 Day Program Hourly SO 00' ,0 Unit Cost Original Budget Calculation =0+0 569,510 Office Supplies 08/07/2003 Norton-Office supplies-pens, paper, $460 134% etc=S80 Joe DiMaggio-SSO N. Greenwood-$300 Original Budget Calculation =80+80+300 569,515 Participant Expenses 09/26/2003 Field trips $1,025 $1,025 100% Original Budget Calculation =1025 569.520 Operating Supplies 09/26/2003 08/07/2003 Ross Norton $2,195 -64% VCR games $115,00 Art supplies $200 Awards $225.00 Board Games $50 Decorations $75 Film, Blank CDs $100 N, Greenwood Video Games tor Playstation S300 T shirts 50 x $5 + S30 set up $280 Compact sewing machines.5 x $50=$250 DVD movies 5 x $20=$100 Joe DiMaggio Video games.$150 CDs.movies, music.$150 Trophies, awards-$200 Original Budget Calculation =115+200+225+50+75+100+300+280+250+ 100+150+150+200 569.521 Food & Nutrition 08107/2003 Ross Norton. $1,855 12% Snacks $100.00 Meals.$300 Joe DiMagglo- Cookies, Pretzels, Snacks, Hot Dogs, Buns $1,000 N. Greenwood Chips, snacks.$200 Pizza-$255 Original Budget Calculation =100+300+1000+200+255 c Agency: City of Clearwater Page 5 Of 6 Section VIII 09/261033:16:36 PM Status: Submitted Agency: City of Clearwater Page 6 Of 6 Section VIII 09/24/03 11 :39:47 AM Status: Submitted FORM 5 Charting the Course for Youth SOURCES OF REVENUE 01.()2 Actual Revenue 02.()3 Actual YTD As of 09/26/03 02-03 Revenue Projected Thru End of Year 02.()3 Total 03.()4 Future Fiscal Year Revenue "/. Change - SO $0 SO - SO 0% .Cash Forward From $0 Fund Balance .Fundraislng $0 $0 SO $0 SO 0% .Partlcipant Fees $0 $0 SO $0 SO 0% Insurance $0 $0 SO $0 SO 0% Reimbursements Medicare/Medicaid $0 $0 SO $0 SO 0% United Way $0 $0 SO $0 SO 0% School Board In-kind $0 $0 SO $0 SO 0% Governmental $0 $0 SO $0 $64,999 0% Other $0 $0 $0 $0 SO 0% SUBTOTAL $0 $0 $0 $0 $64,999 0 CSC Continuation $60,700 $30,350 S30,35O S60,700 $103,545 71% CSC EquiplRenovation $0 $0 SO $0 SO 0% CSC Other $0 $0 SO $0 SO 0% SUBTOTAL $60,700 $30,350 $30,350 $60,700 $103,545 71% TOTAL $60,700 530,350 $30,350 $60,700 $168,544 178% CROSS CHECK ITEMS: FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $168,544 "CASH FORWARD FROM FUND BAlANCE: The amount of funds 10 be transferred forward from the agency's fund balance to the operation of the program during this fiscal year. "FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nature (Donations) as well as memberships which do nol entitle the donor to program services. "FEES: Charges for services rendered. This may include revenue from memberships when such memberships entitle the member to program services, Agency: City of Clearwater Page 1 Of 1 Section IX 09/26/0311:35:02 AM Status: Submitted FORM 6 Charting the Course for Youth SOURCES OF REVENUE NARRATIVE Source Name Narrative Governmental The City of Clearwater Parks and Recreation Department provides in kind staff and revenue support for this program. The Department is funded by the general fund which recieves most of its funding from Ad Valorem taxes. CSC Continuation Page 1 Of 1 09/26/033:16:36 PM Agency: City of Clearwater Section X Status: Submitted END OF PROGRAM BUDGET FOR Charting the Course for Youth Plge1 Of 1 Section XI 0912410311 :39:47 AM ATTACHMENT 5 JWB REIMBURSEMENT SCHEDULE 03-04 Submission Reimbursement Reimbursement Date Date Schedule 1 1 0/03/03 10/10/03 2 10/17/03 10/24/03 I 3 10/31/03 11/07/03 I 4 11/14/03 11/21/03 I 5 11/28/03 12/05/03 I 6 12/12/03 . 12/19/03 I 7 12/26/03 01/02/04 I 8 01/09/04 01/16/04 I 9 01/23/04 01/30/04 I 10 02/06/04 02/13/04 I 11 02/20/04 02/27/04 I 12 03/05/04 03/12/04 I 13 03/19/04 03/26/04 I 14 04/02/04 04/09/04 I 15 04/16/04 04/23/04 I 16 04/30/04 05/07/04 I 17 05/14/04 OS/21/04 I 18 OS/28/04 06/04/04 I 19 06/11/04 06/18/04 I 20 06/25/04 07/02/04 I 21 07/09/04 07/16/04 I 22 07/23/04 07/30/04 I 23 08/06/04 08/13/04 I 24 08/20/04 08/27/04 I 25 09/03/04 09/10/04 I 26 09/17/04 09/24/04 I Agency: City of Clearwater Page 1 Of 1 Section XII 09/24/03 11 :39:47 AM ~ Clearwater' City Com mission Agenda Cover Memorandum dJ (~~.~:::~~% ~ Trackino Number: 274 Actual Date: 11/06/2003 Subject I Recommendation: Authorize settlement of fvlehr/Pearn, et al. v. City of Clearwater et aI., U. S. District Court Case No. 8:02-CV-1313-T-24TBI\1, a claim alleging constructive discharge, seeking a name clearing hearing, and alleging public records violations, and Mehr/Pearn v. City of Clearwater, Circuit Court Case No. 02-6690-CI-7, a claim alleging public records violations, in the total amount of $15,000.00. Summary: Former police officers Mehr and Pearn filed suit against the City in federal and state court regarding the City's actions in relation to their separation from employment and public records requests. The U.S. District Court dismissed a portion of the constructive discharge and public records claims. If settlement does not occur, the remaining claims will go to jury or non-jury trial, the federal trial being set for February 2004. The U.s. District Court ordered mediation to be held on October 13, 2003. Representatives of the parties agreed upon settlement as follows, contingent upon City Commission approval: City to pay Plaintiffs $15,000.00. Plaintiffs agree never to seek any type of future employment with City. No admission of liability or wrongdoing by any party. Plaintiffs to dismiss both federal and state lawsuits with prejudice, each party to bear own attorneys' fees and costs. Plaintiffs execute General Release; Plaintiffs indemnify City in case Plaintiffs breach settlement agreement in future. Plaintiffs responsible for tax consequences. Mehr and Pearn may provide personal rebuttal statements re substance of OPS investigation, no third-party statements or documents to be submitted, statements will not disparage individuals, City may respond in non-disparaging manner to statements and this will be final word. Acknowledgement that settlement agreement is public record. Mehr and Pearn in seeking other employment may identify City's Human Resources Director as point of contact. If contacted by prospective employer, Director will provide only verification of employment, rate of pay, job title, and identification of ability of prospective employer to review records. Notation to be made in personnel files to direct reference inquiries to Director. Final agreement to 'be drafted and signed by all parties. Originating: City Attorney Section Consent Agenda Category: Other Number::. of electronic documents attached: Public Hearino: No o Financial Information: ~ Other 6l.cLRe.Qillr.eQl No C/ f) 'f ~ Clearwater: ~~~( ~~l Bid Exceotions: Other Other Contract? Settlement In Current Year Budaet? Yes Budget Adjustment: No Mprooriations Code 590-07000-545900-519-000 Review Aoproval Lp.slip. DOllorill-Sirlp.s Tina Wilson Prim Akin C:v nrlip. C,OllrlP.ri I J C it Y Com m is s ion Agenda Cover Memorandum Amount $15,000.00 8QQroQriations Comment 10-20-2003 10-20-2003 10-20-2003 10-20-2003 11 :40:33 15:19:11 13: 17:44 16:34:52 C/1:151- ~ Clearwater - ..... ./""... /':'0.... ~ /""'0.. -""""'. .. U ~ -.....;:/ '- J ~ Appointment Worksheet For Commission Meeting 11/06/2003 Agenda Number: 2,059 ~g Beautification Comm ittee TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT City of Clearwater FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Leroy Chin, Debra Reid - Asst. MEtvlBERS: 7 CHAIRPERSON Elizabeth France MEETING DATES: 1st Wed., 8 am MEETING PLACE: Municipal Services Building APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS None THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Person(s) Appointed will begin immediately with term to: 11/30/2007 Name nilnmrlr Orti7 Aooointment Date Attendance Record 07/1RI/OO/ ReaoDointment? Nn THF FOLLOWING NAMFS ARE BEING SllRMITTED FOR r.ONSlDF.RATlON TO FII.L THE AROVE VAr.ANr.JE Name-Address Comments - Related Experience. Etc. Paul Ellis Interior Design 19029 US Highway 19 N, 9-702,33764 Elizabeth Lancara Secretary/Administrative Asst. 2030 Cleveland Street, 33765 Mana] Haresh Shewa Computer Info. Systems Instructor 675 S. Gulfvlew Blvd, Unit 306, 33767 Sheila Sullivan Assistant Account Executive 3043 Marlo Blvd. 33759 . FEB 21 t.1lU~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ,} ,-':r u L ELL. \ .'S Home Address: /,,)C). ~I ().~ f((;'r I c.; IV 9 - ~i L ('t EAt.'t{,/J1 rEI2 r=Z. Zip':::; '76." t../- Telephone: '7 2-'7 ~::; .~ L. '-f 5" rs ':, How long a resident of Clearwater? .) 'r' I~~ Occupation: Field of Education: --1~ t- (i (I, If~ 06/1- D&. s. I (" tJ <; () I~ c.. r=- Office Address: Zip Telephone: .~ IY\ (.: .S' Employer: Other Work Experience: C/. " I f3 S ( c.:.. tJ i IV ':::/vTEI2/v{<. PLitIJA)iNG- /=- () 1(. /JA~E '3 * r1 f) /7lr "..; t'J /I;/~ It't/ e 5 E 12 V ( 'C S' -> () lj c. ~ U I.f Ga. /:::-v fL /1 J.1 ,-=- C '\' ,~ CO ;-~U""11 ITEr: '7)G-fV1.oc "7 I <- (;./1/U(:V). IQ".eV c: Board Service (current and past): Board Preference: ,J;. --- " ~Y' C; e ~ Fc..1 PCti'/~ t?(j I ,g [;i,r.r i:.' /.) . -7!:>t:AU '1/=-te/i7/6N (~'J'V\ vl1I1T8~ - Additional Comments: A/9F E), ':. ..-I..t?.-:n!l IA/ G"t'/{oPG . ' -') ,J '/~-? /. Signed: L. / /,:~,!.-{I /' ;a" c: r C/-I.4 ;fJc;t..:- ...s-'iE"e t"/ c6 .' A/I?,cdPce {(,:j i.! il"' d')--' Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ? j'1:; f d .Y. nl1,.t I, BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ."'"0 ,::::::r:o.Q/<1) /}ca I"So' /]..A-~ j.'r'1 f ;,f?". l" (" /;.., rdV.J' t' /" (~//7 C"(J(/~~ /, t-'~ Irel l<; fYI, uP'" ..f/ .......;,.,(.. / /,' (~~-? J'P~: 1/ rc:.. Ou " /c1..l-u; ~7 r1,..., , n Cot ~'f('~. and j~ Iv r.' .; 7' " / I {J J"." /; /~. P1A (... ~',,? fo /' c~ ~ /. ,I--t-I Co t/~J . I I #- ,h~" !7!'q v' h'lt.! ot/t'I?J// c'/h_ (:lr//~/.;/r'~t:'Y/r // r.t'1 [) /~~.t-"'/1'~( --Tr:>rf-/:t e T'''' e-/ ~/'''../ r:-c rf ./ 2. Have'You ever observed a board meeting either in person or on C-View, the City's TV station? f:r. 3. What background andlor qualifications do you have that you feel would qualify you to serve on this Board? :T ha'ile wI rJ;, -1t'f'veA. ()'//) 6 C9u;d.r C4/1?17 rltJ-l~~1r t/ (]I J;W ok /C'" :.J , 4. Why do you want to serve on this Board? J ';'v 0/"1 ~ I.. lie If) /'" n /1'/ 'b!,J/c' -/0 {11(' / fl ~J{1l1 Vt tl tJ't/e ,.J&- tn I! .- ..1., ateO-- ).1,( iJ f/ m e / ...J (;) /Je t() /1 / '{, /1 CO;Y/ #t.:..o //1/ . '-'" wrlh Ik~ t Name: '--I-~ /f t,.... E it i 5" I Board Name: E 1/ l~rc't''''1,f'<-'17i "~& /t:-;{, -i~ " L ~ C"'cz. v' -1/,/ / CaT, (:./"1 .:?- {c , ;.~ 1-1"1,' ',..tf'e e ~./' / { II(~: /~ ~ ~', . '."\ CITY OF CLEARWATER - APPLICATION FOR ADVISORV-rBPf\ROS _"- ".-j: (must be Clearwater resident) FEB 18 2003 Name: Elizabeth A. Lancarll CITY Cl.~r~~< \' :-'.' "':~;'j,;,:r::l\r( Home Address: 2030 Cleveland St. Office Address: Clearwater, FL Zip 33765 Zip Telephone: 727-447-6209 Telephone: How long a resident of Clearwater? Eleven years Occupation: Secretary/Administrative Asst. Employer: Currently unemployed Field of Education: OtheLW9rk EXQerience: Have 32 college credits, Data Entry Clerk for Title Co., AF Recruit. Office Administrator. Customer Service Rep. If retired, former occupation: Community Activities: Skycrest Nei~hborhood Assn.. Clearwater Garden Club. volunteer for Clearwater concerts and Officer Friendly Bike Safety Jamboree Other Interests: Photol!raphv. crochetin~ hikp. 1'i ding, p ~"--Pt'\.~ \I \0\'''', ~ -V\Cl4'\c Board Service (current and past): Board Preference: None Beautification Committee Parks and Recreation Additional Comments: Signed:~ltr~ Date: ~ -II-CJ~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ~! . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~Iembers advise the commission on any lx:hanges or improves necessary to keep recreation centers and parks attractive to citizens' use. There is room for improving these facilities based on needs of residents. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I've watched.the Development Board meeting on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been a resident of the Skycrest division of Clearwater for eleven years and have some knowledge of native plants that may help in improving landscaping. 4. Why do you want to serve on this Board? I would love to take part in improvin~ Clearwater and feel that the Parks and Recreation Centers of Clearwater are a great oart of enjoying life here. Name: Elizabeth A. Lancara Board Name: Parks and Recreation Board -~ ( ',.., :""\ '" .;;.. LJ " CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR~N 31 2003 (must be Clearwater resident) CITY CLEHl\ CCF;.\RTMENT HA~~SK SHf,\HA Name: MAN 0:\ Home Address: Co --t5 S. &!u..Lr-vLt; vJ ~L\I~ I \J Nl\ ~o b Office Address: ~5"~O u.LMI~IZ\oN ~O', \JNIT 100 C. L r;.A It- W ~,. c;. Ii!- , (:'l.. Zip ~ 3-:J. (, t FI.- Zip 33~~ I l.(.I.fZ.&,o Telephone: T")."l - 53"2.. -\ q ~ ~ ~..,.t - ~ 2.5" Telephone: ~'2..~ - 4L4 2.- O'2-3b How long a resident of Clearwater? I ~ ~e ti. -< .s Occupation: 'Ol"lP'" Tl:~ 't,.,J rO' .sYS1~~S r"'~T~\4(..lG~ Employer: G"out. A,. lOf\l AMF.j2lt~. ,AMpA T!':' H, Field of Education: Other Work Experience: G.S. Ct.\'It\P\A.\I~,z. I:.-ICn\NEEI2INu, (u.sr::) &.c;.. C.oM~~TI;.z. ~~I:"2""~"ION S'{S"t1:M ("'~t=) H" 1 i: \.. M Q N ,~ "d=. "' l; I\l T A,-\QI" Nit, If retired, former occupation: N IA. Community Activities: 'WA~ Ml:""I'3~12 c~ NA'llol'JA\" HaNCe. 50c.'II:T ANt) ~~1.. TI-1>:Tt'A I'-APfA (Si. Pc1:E ':Sil"l"~ C.CLLEG,I;) Other Interests: t:)!:.BQ.,NC" . ,,-€.s;C;AR.C.\-\IN~ , Ri:l'\QINl>, ""'I) T~A"e\.INln "11G-,~1 .$(.I-IOOL Board Service (current and past): N/A Board Preference: L/(11t~1Z '1 B "AlC-J) Additional Comments: ()~TIL. rJ"'~ I {)..;Ii; 10 E"'I/ ,n.c,vmJ;.,v TAL Ab\l..$ull't ACA~n BEAlLT I FI'-A ,'0 (V c..C""......,. t E E. . OPSN TO A... ~ A'" ~ II. AoCS L.':' 11"1'\ Ito,s Ull.q; "'~ ~"',:) "",,OILk.. I '-'''U. NOr A~AIUI~LF;.. To S(;ll.v!f C'€"4a,..":Ir.~,z. ~€"'!)eNr.s. I wO..HD LIICr:. 111'1 oP""a.T""N'T"j r".;J .~r;:c"l'nr.: A lJl1l.uAQl€" A5j,r:.i "l0 n~1E c.;rT'j c.~ C.\.~AllZwoQT~~ ANQ .x:1'~ ~E=s'!JI::Ni~ Signed: r~ Date: 1-3\-03. See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue .. BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? ,he boa.'fd'~ ch..-ltie" (A.l'\d ''feJpo.1si 6; h'l24 'IS to ''''''~r' I'~I'''' Pll}; H"tt '1e1c...riCt1s\':p bt!tw<un Cih3""'J. ot c.1et:.y....l....'.,Y' c."d ll/~'.l (llIl.t;"""'/t,t-, Thf bOA...d 'fP p'CP~'" r" lA...J lClOlz.~ O'u' ;HI..W....L ~h(. r l"\(Q ~..'r,odl\..1 ~o ~e l'Lf\h"...u..,t'",t ~ C\~ o~ CIe.A'(....~e-I ,.....d ....J.....fl .:,b~~05 2. Have you ever observed a board meeting either In person or on eNlow, Iho Clly'o TV station? "le..s;. 3. What background and/or qualifications do you have that you feol would qllnllly YOll to serve on this Board? .!:- '-'c.. -.)Q b 0.. c k ~rl)I,.l.V"\ ~ (rl~ ~ 'U" ,) \ t"I (c ""rv-tt'(" <: rl ~; I"H'C' 1\ ~_~\" J Ct\''''\,.t~~ l......bll'/'.....t\.t\1M. O;;j-'~(~' M1 "'C.L~ Y1lI.I.\\d hl.'...~.!. I"Y1I! !;~1\..\4 c.."d b OCt41cJ ()" \J o~jeL..l1\1c... . dQ,Jc._.:I~. r h(Ne a.1"I (J lC.u.dl~ t"l t1t."'",hrJ'1~..:....L ., 01'r'l 0.... ,'"dnuhv:" CI-S p..o5T""" oJ.: 10'\ b"'th,,,'u.R (oll~p,04t,,~ I~ 4............ ~a.\l:,,~ ..J~~d ,Cd, Ain ~"shu~ ;r hCNt' ~Glv(ltQr~ cJ 5"'~ ~p'" SlL4\l,i. ;I: a.~ ~ C"- ~C"C\ \1'~~""Y" ~c4 dQ.be...hJ... 4, Why do you want to serve on this Board? f.\ 5 C<. tie ,.~ '" 1...uJ." yo ....12. ~ ~ d..e '" t U< +he ft4~ ~ 12 ~ eA'( ~ :t h'l~ ~(l C4ili~~ ob i-hQ b~'( d . 'I. c.,~ at c.le....r.I/....J...I"eT. I ""t.v.~ N ~o..!..II.r'\ pOC;;h\JO~ Q\,~J-Pc\ b'j ,....'(~ C\ ~c....f 4-\ole HI ~\ It ~ to" 0", d 'i~O...J '""1 ~\,>"(""..:J-it\'\ h~ po.'d'i~l~...~, i~ +~e bc4...d (".~& (.U"h\b..J-l? pcsiHve'i ~.,) ,.....c.\.s; CA:~ o~ C.\e""IoJ,-t~y "'~d '~1 'Its '((l'lIl t-~ Name: Mo..ooi S ht'w"'- Board Name: 02/05/2003 09:t2 FAX i2i 5i2 5910 L~DERS & PART~ERS ~ 0021003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resIdent) Name: 0 l--e\" I 0.... (~lA..I,l \' vQh Home Add "ess: Office Address: ::'OL.L3 Mci\' lO \"2> \\.Jd~6ff EXe(~l'\/-4Pr-. ~ltl't-e. 21D C:.\eiAr\.}.Q>tQY' I ~ Zip '"3~?5G Cl W' I Fe zip5?>7foO Telephone "72-1..5bO.85o"J Telephone:J'l7 .512-5lU How long a resid~nt of Clearwater? '5 j-c:.~S I Occupatior: Q.~t S1t~ GlCLDun+ t~e t.lAt1ve Employer: Lorden ~ ~! Field of Education: Other Work Experience: B.S. C~:t-frbn ~fuctJeJ · ~_c.tt>>lUU(lttY' BM2Ilc.Cnmm/~rJf p{Or!id.~ SftLteJ lJ.ni1tenifu.J5tiJ ~ YJ !i J 0 "L - '0 J 0 z. ~ ~200 2. . ~ U · f'"su Re9,s-tro..rs tJ.rftc~_ 119Cj - !1/07. ) ~ ctJ~ ( (:PJ b-eCtJ m, 'f[j_ f{)tta.r btact(n~~ Board Preference: ~on Ct)Yhrn,t1cc. Board Serv:ce (current and past): ~~ntSCna.te. CD-C)~~ Additional Comments: t2 -.!lSJiSW;4 ,;, 1MR. d.eve.lo~rt+ I Or;qClY/fzCt-f10h Qh~ ,'r:J.(JfVmcnt~'tUJn of -!-tv F1'(,Jt C(tLuJ.J~ lLildf21hrp f1cod~ Wh6cA1 proVlClerJ~~ brOM tJri.a..d.th Of Va.luAblt. O\nc.l t..ASefl.,v1 Cf't1 ~ Slgned:.6'WJ..",<~~ Dale:~~ttlli See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerkls Department, P. p. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue 02/05/2003 09:43 F.~ 727 572 5910 L~\~ERS & P.~TKERS BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The committee is responsible for attending monthly meetings. f;lcilitates in the overseeme. .)f City Beautification orograms and aesthetic enhanl:;ernent oroiects. 2. Have you ever observed a board meeting either in person or on C-Vi.ew, the City's TV 51 ation? Yes. I have observed City Commissions meetings both live and via television. 3 What backgrollD.d and/or qualifications do you have that you feel we,uld qualify you to surve 011 this Board? Background~ . Residen"t of City of Clearwater 15 years · Countryside High School Graduate 1998 · Florida :,tate University Graduate 2002 . Florida Btate University 5200 Student Senate . City of Clearwater, Public Communications Department Intf:m 5/02.10/02 Qualifications: I want to bel:ome civically active and I am interested in the Beautification of Clearwater. 4. Why do you waJ:.tto serve on this Board? As a yOung Clearwater resident with nrior student government e)cperience. I feel driven to ge1 involved. Mv City intemshio tau2ht me a lot about the various facets ofloc:1} ~ovemment and I found it to be Very intriguing. I think it will be a great opporomity and fun. My goal is to have a positive inwact on the City and I am confident that servin!: on this committee will be a step in the riiht direction. Name: Sheila Sullivan Board Name: Beaulification Committe~ ~ OOJ/OOJ ~ Clearwater. - "...... /"".... r-... "...... /"".... ~ i U ..... -' '-./ ........:./ ~ :--..:'l"' - ~ . - .....- ~ "-/ ~'-' ; aq Appointment Worksheet For Commission Meeting 11/06/2003 Agenda Number: 2,059 Community Relations Board TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT City of Clearwater FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Eleanor Breeland - Equity Services MEMBERS: 5 CHAIRPERSON Johnny Long MEETING DATES: As called MEETING PLACE: Determined when called APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS None ()RJ5" :3 THE FOLLOWING ADVISORY BOARD f'.lEtvlBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Person(s) Appointed will begin immediately with term to: 11/30/2007 Name \.,'lnrli'lrp Gi'lrrlnpf Appointment Date Attendance Record 07/1 RI/OO/ ReaODointment? No THF FOllOWING NAMFS ARF RFING SIJRMnTFD FOR \.ONSmFRATlON TO FILL THE AROVE VAC:ANC:YE Name-Address Mattie Whitson 1516 Flint Dr. W., 33759 Comments - Related Experience, Etc. Health Aide/Committee Person RECEIVED SEP 2 3 2003 CITY OF CLEARWATER - APPLICATION F~R ADVISORY BO~~~\,NAGER'S OFFI< (must be Clearwater resident) RECElVEl.J - - - . Name:mA 1'1'J& \Jy-h.L:r..sdll?~ Home Address: J5 I k' E:J J~....:f7 0 (1.. ~ f..J ( (t^ Vtu..:r~ " Zio .JJ, 7 ~"'1 TelePhone:O~1) ?~~ 1 How long a resident of Clearwater? -M r- ~ Occupation: W tJ rf<.. r -r t BJ t ~ ~) Field of Education: 1b L ,,5(' j,()ht .,... S~ 23 2003 Office Address: OFFICIA L RECORDS AND LEGISLATIVE SRVCS DEPT Zio Telephone: Employer: Other Work Experience: W'G.5 'C,~~~ 41St. .- I J, 'f{V~ If retired, former occupation: H (, ~ (,. -r-If .1}- I J,"" t:~: ~ ~<.tn-ry W'-l ~k)mi. Community Activities:,4 ~ 1fJ.,~ I' ~~ ~ 1~/lJ n.J ~) Ivl,~,-. } Y\ t1"'V~ ~~ '''d Olherlnterests:.Ej~ 2> J 1l':i.i!.M.~ - !-"U ~y ~-~ letRy'''' . Board Service (currelli and past): Board Pref~: . ? . ~ (,;;'.:1. <;.,.."", .,-.$ (b I ~.., .7r''''- _t , 1'>\ ~ ~"I ; *' ~~ -ri".. , lJe.'CrZ: 'y~..~b M. - f ("'G:i I~~ , ~ ~lh~uJ . ~. ~ A" n I ~;;;ants:.D' 10\ ~ ~ ft"'~ 1'# p~ Ii.. ...... - ,.-r,. ()!<i ~ ~a:.. 0 fi 4- r l' p,., 8 U'fA~S I '",,- ~" ~ ~ lL.') ; 7)1. Slgned:.hl .w JL....lg~l ; Date: D~~ ,.1, ~ - tJ ' ~ See attached list for boards that require financial disclosure at time of appointment. Please retum this application and board questionnaire to the Official Records & Legislative. Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _I) h.,C? ~ -(h~~ '" t ~.p. WL'a, 'f J:. J ( 'J ~ A d-n~wtlii'e r~(>~8"i J'd.t<I~ (L,~~or-: ..P c () r-J '1'-. 11 ~p;' I e.- ~ ..~. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? y'{..~ - 00 r L, 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Bo8rd? --1) ~ ~ ~ -r~. -r -eo ~ ~ '(.. .joe" I' a,. .l.- h.p J) "., - M Y ~ r ..... r" I~" ""1(' (i) .'5 Y C~ r.-.::l~ tU . 4. Why do you want to serve on this Board? --.:.r:. ~ It u ~ J ~K~ , " . J't %J 'pi e 'I .~ ~ ( 11'1' -r~t!.~ 1 :,.. ]J b 8~f.. b (~ 60 Name: ---' , L ~~~ C..,11 """ WI !' rr C:l.- !O ~ 1:> ^<' I J P.-t.M. 1 E... IJ'- , ITEM # 30 - '. . , . . ," '. '" ~ Clearwater: City Com mission 30 ~,~'~;~~ l __"-.::r,-,,=.'-',,-~ ' Agenda Cover Memorandum Tracking Number: 251 Actual Date: 11/06/2003 Subiect / Recommendation: Adopt Resolution No. 03.40 rescinding Resolution No. 00-21 and authorizing certain City staff to sign Florida Department of Transportation permit applications. Summary: The Florida Department of Transportation requires that permit applications to them are signed by persons formally authorized to do so by the City. Resolution 00-21 was adopted in June 2000 authorizing certain City staff to sign these permit applications. Staff changes since then necessitate updating this list of authorized signators. Resolution 03-40 rescinds the previous authorization and updates the list. Originating: Engineering Section Other items on City Manager Reports CateQory: Other Number of electronic documents attached: Public Hearinq: No 1 Financial Information: ~ Other Current Year Cost: $0.00 Review Aooroval Chuck Warrinaton 10-13-2003 10:51:53 10-13-2003 12: 16:07 10-13-2003 14:43:56 10-13-2003 09 :38:39 10-13-2003 08:14:18 10-13-2003 18:19:55 Brvan Ruff Garry Brumback Mic:hilf!1 Ouillf!n Cvnnif! GOlJcif!nU Bill Horne prJ3 RESOLUTION NO. 03-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING RESOLUTION 00-21 AND AUTHORIZING CITY OF CLEARWATER OFFICIALS TO SIGN APPUCATIONS FOR FLORIDA DEPARTMENT OF TRANSPORTATION (F DOT) PERMITS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary from time to time that officials of the City of Clearwater, primarily from Public Works Administration and the Clearwater Gas System, sign applications for FOOT permits; and WHEREAS, the City had authorized certain officials to sign applications for FOOT permits by Resolution 00-21; and WHEREAS, the City of Clearwater wishes to rescind Resolution 00-21 and designate certain officials of the City of Clearwater as authorized by this Resolution to sign applications for FOOT permits; and WHEREAS, the City of Clearwater waives the placement of the City seal on all documents signed by the undersigned representatives and agrees to be bound as fully as if the City seal were affixed, now, therefore; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Resolution 00-21 is hereby rescinded and the City Commission does hereby authorize the following officials to sign applications for FOOT permits on behalf of the City: Mahshid D. Arasteh, P.E., Public Works Administrator Michael O. Quillen, P.E., City Engineer Gary A. Johnson, Public Services Director Glen Bahnick, Assistant Director of Engineering Lisa Murrin, P.E., Utility Engineering Manager Charles S. Warrington, Jr., P.E., Managing Director, CGS Mike Deegan, Gas Program Coordinator Keith Downs, Gas Program Coordinator Resolution No. 03-40 . Tom Sewell, Gas System Assistant Director Section 2. The City Clerk is hereby directed to forward three certified copies of this resolution to the Florida Department of Transportation, District VII, 11201 North McKinley Drive, Tampa, Florida 33612. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Bryan Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk . Resolution No. 03-40 . CERTIFICATE OF I~Cl!i\IBE:'iCY ANI> AUTHORITY I. I3rian Aungst, t\layor-Commissioncr of thc CITY OF CLEAR WATER, do hereby certity that the personls) whose name, title. position, and signature appear below are duly elected or appointed, qualified, and acting representatives of the CITY OF CL EA R WATER, a political subdivision of the State of Florida, and hold, on thc date of this Ccrtificate, the offices sct beneath their name: that the signaturc appearing opposite their name is the gcnuine signature of thc represcntative; thatthc reprcsentativc is duly authorized for. and on behalf of the CITY OF CLEAR WATER and the Clearwater Gas System lCGS). a departmcnt of the CITY OF CLEAR WATER. to cxecutc and deliver any application for permits and all instruments betwccn the CITY OF CLEAR WATER and the DEPART~IEi\T OF TRAi\SPORTA TION. STATE OF FLORIDA. in connection thercwith: and the execution and delivery of an)' such permit. and all instrumcnts in connection therewith, for and on behalf of the CITY OF CLEAR \V A TER. are not prohibited by. or in any manner n:stricted by. the terms of the CITY OF CLEARWATER'S Certificate of Incorporation. it's bylaws, or of any loan agrecmcl1l, indcnture, or contract to which the CITY OF CLEAR WATER is a party or under which it is bound. I do further certify that the foregoing authority shall remain in full force and effect, and said DEPARTt\'IENT OF TRANSPORTA TION, STATE OF FLORIDA. shall bc entitled to reply upon same, until written notice of the modification, rescission, or revocation of same, in whole or in part. has been delivcred to said DEPARTf'."tENT OF TRANSPORT A TION, STATE OF FLORIDA, but no such modification, rescission. or revocation shall, in any cvent. be effective with respect to any permit documents executed, or actions taken, in reliance upon the forcgoing authority prior to the delivery to said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA. written notice of said modifications, rescission or revocation, the CITY OF CLEARW ATER. hereby waives the CITY OF CLEARWATER seal on all pcrmit documents signcd by the representativc, and agrecs to be bound as fully as if the CITY OF CLEARWATER scal were aftixed. Attached is a rcsolution to this cffect. Names of Representativen'itlels)/ Positionsls) of Reprcsentative Signature of Rcprcscntative A. Mahshid D. Arasteh, P.E., Public Works Administrator 13. ;vlichacl D. Quillen, P.E. City Engincer C. Gary A. Johnson, CGC, Public Services Director D. Glen13ahnick, Assistant Enginecring Director E. Lisa t\L t\lurrin. P,E., Utilities Engineering t\lanagcr F. Charles S. Warrington. Jr.. P .E.. t\'lanaging Dircctor, CGS G. Mike Deegan. Gas Program Coordinator H. Keith Downs, Gas Program Coordinator I. Tom Sewell. Gas Systcm Assistant Director IN WITNESS WHEREOF I have hereunto setm)' hand and affixcd my seal of the CITY OF CLEARWATER this day of , 2003. u A lIest: Cynthia E. Goodcau City Clerk Brian J. Aungst r...layor-Comm i ssioncr APPROVED AS TO FORM AND LEGAL SUFFICIENTY: Bryan D. Ruff Assistant City A 1I0mcy City Co m m issio n ~ m"l:n ,,"T :~~~w~ater u~ ..___.____.~_g.~ n d_~._~~~1!I_~ m ~!iI~j_~~ 3\ Trackino Number: 231 Actual Date: 11/06/2003 Subiect / Recommendation: Approve amendments to Chapter 51, Code of Ordinances to provide for various minor revisions to the City's floodplain management regulations as recommended by the Federal Emergency Management Agency, and pass on first reading Ordinance No. 7213-03. Summary : The City of Clearwater participates in the National Flood Insurance program. Section 1361 of the National Flood Insurance Act of 1968, as amended, requires that the City show evidence of adoption of floodplain management regulations that meet the standards of Section 60.3 of the National Flood Insurance Program. Chapter 51 of the Code of Ordinances contains these required floodplain management regulations. Clearwater's regulations were recently reviewed by the Federal Emergency Management Agency and have been approved, however they did suggest a few minor changes. The subject ordinance implements these changes. Orioinatino: Engineering Section Other items on City M Cateoorv: Code Amendments - All Number of electronic documents attached: Public Hearino: No 1 Financial Information: Review Approval lp.ff Kron~c:hnnhl 10-09-2003 15:02:13 Brvnn Ruff 10-10-2003 14: 22:28 Garry Brumback 10-21-2003 14:42:56 Mic:hnp.1 Ouillp.n 10-09-2003 15:55:58 Cvndle Goudeau 10-20-2003 09:42:28 Bill Hornp. 10-24-2003 17:25:18 I )rl t ORDINANCE NO. 7213-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS; AMENDING CHAPTER 51, CODE OF ORDINANCES; PROVIDING FOR VARIOUS MINOR REVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Clearwater participates in the National Flood Insurance Program; and WHEREAS, Section 1361 of the National Flood Insurance Act of 1968, as amended, requires that the City show evidence of adoption of floodplain management regulations that meet the standards of Section 60.3 of the National Flood Insurance Program; and WHEREAS, Chapter 51 of the Code of Ordinances contains these required floodplain management regulations; and WHEREAS, the Federal Emergency Management Agency has recommended minor changes to these regulations; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,that: Section 1. Chapter 51, Code of Ordinances is amended as follows: Sec. 51.03. Definitions . . . . . . . . . . .. . .. .. Base flood elevation and BFE mean the elevation above mean sea level as shown 9R in the FIRM and FHBM Flood Insurance Study. ... ... ... ... .., .. Development means any man made change to improved or unimproved real property, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling or permanent storage of materials. .. . .. . . . . . . . . . . .. Floodway means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by a designated height of one foot. . . . . . . . . . . . . . . . .. Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as but not limited to a boat docking or port facility, 9f shipbuilding, or ship repair or seafood pr-ooes6ing facilities. The term does not include long term storage, manufacture, sales or service facilities. 7213-03 (revised) ... ... ... ... '" ... National Geodetic North American Vertical Datum and NGVD NA VD, as corrected in 4929 2003, mean a vertical control used as a reference for establishing varying elevations within the floodplain. Structure means a walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank, or other manmade f3cility or infrastructure. Sec. 51.08. Adoption of maps and study. Federal Emergency Management Agency maps entitled "Flood Insurance Rate Map and Floodway", and the accompanying study entitled "Flood Insurance Study- Clearwater", all effective September 3, 2003, and any subsequent revisions. shall be used to provide the database for this Chapter. Sec. 51.32. Specific standards. In all areas of special flood hazard, the following standards are required: (1) Residential construction (A zone). New construction or substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated at or above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic equalization of flood hydrostatic forces on exterior walls unimpoded movement of floodwaters shall be provided in accordance with the standards set forth in subsection (3) of this section. (2) Nonresidential construction (A zone). New construction or substantial improvement of any commercial, industrial or non-residential structure shall have the lowest floor, including the basement, elevated at or above the base flood elevation. Structure located in all A zones may be floodproofed in lieu of being elevated, provided that all areas of the structure, toaether with attendant utilities, below the required elevation are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A state registered professional engineer or architect shall certify that the standards of this subsection are satisfied. ... (6) Coastal high hazard areas (V zones). ............... '" (b) All buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal structural member, excluding pilings or columns, is located at or above the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Breakaway walls 2 7213-03 (revised) may be permitted if designed to wash away in the event of abnormally high tides or wave action and in accordance with subsection (6)(h) of this section. ............. .., (f) There shall be no fill used as structural support. Limited noncompacted fill may be used around the perimeter of a building for landscaping or aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction, prior to generating excessive loading forces, ramping effects or wave deflection. ................... .., (h) Nonsupporting breakaway walls, open wood latticework or mesh screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: ......................... Sec. 51.33. Streams without established base flood elevations or floodways. ill Within the areas of special flood hazard where small streams exist but where A9 base flood data have been provided GF but where no f100dways have been provided, the following standards apply: 0-) No encroachments, including fill material or structures, shall be located less than 20 feet from the top of the stream bank unless certification by a state registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Within the areas of special flood hazard where small streams exist but where no base flood data have been provided and where no floodwavs have been provided. the followinQ standards applv: ~ New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established by the building official utilizing data available from a federal, state or other source. 3 7213-03 (revised) 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: Cynthia E. Goudeau City Clerk Bryan Ruff Assistant City Attorney 4 7213-03 (revised)