12/04/2003
CITY COMMISSION
MEETING
12/04/03
NOTE:
12/01/03 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
AGENDA PACK.
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"
. 1
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, December 4,2003 - 6:00 P.M. - Commission Chambers
1. Invocation - Rev, Leddy Hammock, Unity Church of Clearwater
2. Pledge of Allegiance - Vice-Mayor
3. Introductions, Awards and Presentations - Given
a. Proclamation: Miniature Art Month - January 2004
b. "2003" Changing Neighborhood Award" - for ongoing dedication and commitment to
our citizens while improving our neighborhoods.
4. Approval of Minutes - Regular Meeting November 20, 2003 - Approved as
submitted.
5. Citizens to be heard re items not on the Agenda
John Wiser asked that the opening of the Countryside Recreation Center on
Sundays from 9 a.m. to 1 p.m. be promoted. He referred to an article re arrests
increasing at Clearwater High School and indicated in his experience as a bus driver
more problems occurred with middle school students. He invited all to ride on a school
bus.
Leon Barber, Le'Azon Technology Institute, discussed a proposal to rent the old
N. Greenwood Library for 5 years at $1.00/year with option to buy and listed the services
to be provided.
Fritz Fracino said he has partnered with L TI to hire people from the area needed.
He indicated this partnership has been successful.
Talmadqe RutledQe, a trainee of the program, spoke in support of L TI.
Dorothv Stanlev expressed concern about traffic calming plans for the Skycrest
neighborhood, especially traffic circles.
Elains Hartman expressed support for the traffic calming plans for Skycrest.
Joanna Siskin expressed support for the traffic calming plans for Skycrest
indicating 65% of the residents support it.
The City Manager explained how the public process works regarding traffic
calming in neighborhoods.
Gary Miller offered to discuss traffic calming plans for Skycrest with Ms. Stanley.
Commission Action Agenda 2003-12-04
1
12/4/03
PUBLIC HEARINGS
6. Public Hearing & First Reading Ord 7232-03 - Approve the applicant's request to
vacate the 60-foot right-of-way of Allen Avenue from the southerly extension of
the west property line of Lot 15, Block B, Ackers Subdivision to the westerly right-
of-way line of McMullen Booth Road (C.R. 611), subject to the retention of a
drainage and utility easement over the full width of the right-of-way to be vacated
and vacate the three foot utility easements lying along the rear lot lines of Lots 4
thru 15, inclusive, Block B, Ackers Subdivision, (A.K.A. 2730 McMullen Booth
Road) (V2003-11 Hupp/McMullen)
ACTION: Approved, Ordinance passed 1st reading,
7. Public Hearing & First Reading Ord 7215-03 - Approve an amendment to the
approved Park Place Development of Regional Impact (DRI) Development Order
through the Notification of Proposed Change process by extending the build-out
date of the DRI by five years to December 31, 2008. (Section 17-29-16). (To be
continued to 12/18/03)
ACTION: Ordinance continued to the 12/18/03 meeting,
Public Hearing - Second Reading Ordinances
8. Ord. 7201-03 - Approve the Petition for Annexation of property located at 2386
Dora Drive (Lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery &
Deanna Rogers)
ACTION: Ordinance adopted,
9. Ord. 7202-03 - Approve the Land Use Plan Amendment from County Residential
Low (RL) to City Residential Low (RL) for 2386 Dora Drive (Lot 70, Rolling
Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery & Deanna Rogers)
ACTION: Ordinance adopted,
10. Ord. 7203-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LMDR, Low Medium Density Residential
District for 2386 Dora Drive (Lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-
08020 (Jeffery & Deanna Rogers)
ACTION: Ordinance adopted,
11. Ord. 7204-03 - Approve the Annexation of property located at 2525 Druid Road
(consisting of M&B 44/041 and a portion of Lot 3, Sever Park in. Sec18-29-16).
ANX2003-08021 & LUZ2003-08006 (Tree Top at Druid)
ACTION: Ordinance adopted,
12. Ord. 7205-03 - Approve the Land Use Plan Amendment from Residential Urban
(RU) (County) and Residential/Office General (R10G) to Residential Low Medium
(RLM) and Preservation (P) for property located at 2525 Druid Road (consisting
of M&B 44/041 and a portion of Lot 3, Sever Park in. Sec18-29-16). ANX2003-
08021 & LUZ2003-08006 (Tree Top at Druid)
ACTION: Ordinance adopted.
Commission Action Agenda 2003-12-04
2
1214/03
13. Ord. 7206-03 - Approve Zoning Atlas Amendment from C-2, General Retail,
Commercial and Limited Services District (County) and the 0, Office District to
the MDR, Medium Density Residential District and the P, Preservation District for
property located at 2525 Druid Road (consisting of M&B 44/041 and a portion of
Lot 3, Sever Park in. Sec18-29-16). ANX2003-08021 & LUZ2003-08006 (Tree
Top at Druid)
ACTION: Ordinance adopted,
14. Ord. 7207-03 - Approve the Land Use Plan Amendment from Residential/Office
General (R/OG) to Commercial General (CG) for property located at 1515 South
Highland Avenue (consisting of a 1.16 acre portion of Parcel 1 of the Labelle
Plaza Shopping Center, in Sec. 23-29-15). LUZ2003-08007 (LaBelle Plaza
Shopping Center)
ACTION: Ordinance adopted,
15. Ord. 7208-03 - Approve Zoning Atlas Amendment from 0, Office District to the C,
Commercial District for property located at 1515 South Highland Avenue
(consisting of a 1.16 acre portion of Parcel 1 of the Labelle Plaza Shopping
Center, in Sec. 23-29-15). LUZ2003-08007 (LaBelle Plaza Shopping Center)
ACTION: Ordinance adopted,
16. Ord. 7231-03 - Approve amendments to Chapter 3 Land Use
Plan/Redevelopment Plan regarding the attraction and development of a
retail/entertainment complex; and Downtown strategies, the capital improvement
plan and tax increment revenue projections sections of Chapter 4 Plan
Implementation associated with the Plan.
ACTION: Ordinance adopted,
CONSENT AGENDA (Items 17 thru 24) - Approved as submitted,
Consent Agenda items require no formal public hearing and are subject to approval by a
single motion. However, any City Commissioner or the City Manager may remove an
item from the Consent Agenda for discussion and individual vote.
17. Appoint Frederick I. Ziegler to the remainder of a two-year term, expiring in May
2004, as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in
accordance with Sec. 175.061 of the Florida State Statutes. (FD)
18. Approve increase to the North Greenwood Branch Library project budget in the
amount of $10,235.06 to allow a final change order to Angle & Schmid, Inc. to be
issued and payment made. (LIB)
19. Approve a three-year lease agreement with 10S Capital in the amount of
$36,000. (estimated) for Canon IR3200 high-speed color copier in accordance
with State of Florida IT Contract #250-000-03-01. (PC)
20. Accept a 240 square foot sidewalk easement conveyed by First Church of Christ
Scientist, Clearwater, Florida, Inc., for $1.00 and other consideration over and
across the south 40 feet of the west six feet of Lot 5, Block 3, A. C. Turners 3rd
Addition. (PW)
Commission Action Agenda 2003-12-04
3
12/4/03
21. Approve Change Order No.4 and Final, decreasing Contract No 00-0029-UT,
2000 Reclaimed Utility Improvements, with A & L Underground, Inc. in the
amount of $102,317.08 for a new contract total of $5,428.786.07; ratify and
confirm April 10, 2003 payment of Invoice No. 14 to A & L Underground, Inc., in
the amount of $53,024.72 and authorize the appropriate officials to execute
same. (PW)
22. Reappoint Jan Regulski to Library Board for term expiring 12/31/07. (ORLS)
23. Appoint to Enterprise Zone Development Agency Paul Brian Schuh (Business
Operating within Area category) to fill remainder of term expiring 7/31/07 and
Kristin Griffin (Local Private Industry category) to fill remainder of term expiring
07/31/05. (ORLS)
24. Appoint Kathy Milam to Community Development Board to fill remainder of term
expiring 02/28/04. (ORLS)
OTHER ITEMS ON CITY MANAGER REPORT
25. Adopt Res 03-41, approving the transfer of Verizon Media Ventures Inc. Cable
Television Franchise to Knology of Florida Broadband, Inc. and authorize the
appropriate officials to execute same.
ACTION: Approved. Resolution adopted.
26. Appoint alternate member to the Community Development Board
ACTION: Appointed Daniel Dennehy,
27. Continue MPO membership as is with addition of one member representing the
BigC.
ACTION: Approved
28. IAFF Union Negotiations Update
ACTION: Given,
29. Other Pending Matters - None,
CITY ATTORNEY REPORTS
30. Charter Amendments - First Reading
a. First Reading Ord 7235-03 - Submitting to the city electors proposed
amendments to the City Charter amending Section 7.02; requiring the
Commission to appoint a charter review advisory committee every six years;
amending Section 8.04; eliminating specific requirements for fees, petition cards,
and dates for qualifying as a candidate; making non-substantive grammatical,
numbering, and organizational amendments to the City Charter.
ACTION: Approved. Ord passed 11. reading
Commission Action Agenda 2003-12-04
4
12/4/03
b. First Reading Ord 7237-03 - Submitting to the city electors a proposed
amendment to the City Charter amending Sections 2.01 (d)(4), 2.01 (d)(5) and
2.01 (d)(6), which provides for limitations on Commission powers relating to city-
owned real property.
ACTION: Approved as amended, Ord passed 1st reading as amended,
c. First Reading Ord 7238-03 - Submitting to the city electors a proposed
amendment to the City Charter amending Section 2.03; increasing the term of
office for commissioners to four years; reducing the disqualification period from
one term to two years for commissioners who are disqualified from running by
term limits.
ACTION: Approved, Ord passed 1st reading,
31. Other City Attorney Items - None,
32. City Manager Verbal Reports- None,
33. Other Commission Action
a. Metropolitan Planning Organization (MPO) Appointment.
ACTION: Appointed Commissioner Hibbard,
Hibbard requested patience re concerts this weekend as Drew St. will be closed;
attended YWCA board meeting where two Clearwater residents received awards;
attended St. Paul's Grandparents Day and noted Jim Smith's spectacular sculpture;
attended Home for the Holidays where Warrick Dunn helps a family, encouraged all to
attend Festival of Lights on 12/22; noted the Clearwater Aquarium will be associated
with the Festival and open from 6-9 p.m.; attended Gold Shield Foundation where
scholarships and money are given for families of an officer lost in the line of duty.
Gray thanked CNHS for participating in Home for the Holidays; hopes someday
Isay Gulley will run for Commission; thanked all who sent her cards, e-mails, etc. re her
leaving the area.
Jonson attended part of the Pinellas Legislative Delegation at the Holocaust
Museum; complimented the City Attorney for her win in the Granite Outdoor Advertising
case; thanked Congressmen Young and Bilirakis for returning tax dollars to the
community; appreciated Mainstreet staff and Downtown Development Board for fun start
to Holiday season.
Hamilton commented on traffic this weekend in downtown; mentioned a
Christian Rock Concert Friday night, the Phasanal convention at Harborview and
Fantasy of Lights at Pier 60; attended the Mayor's Council Holiday party at Pappas';
announced groundbreaking of House of Prayer in Bayview neighborhood on 12/8 at 11
a.m.; announced press conference at new stadium on 12/8 for unveiling new name and
uniforms and may announce name of the stadium; noted Officer Friendly party, Friends
of Clearwater Library fundraiser at Carlouel Yacht Club; announced ribbon cutting for
new Fire Station #49 and Annual Holiday Parade on 12/12, christening by
Congressman Young of new wheelchair accessible pontoon donated by Paralyzed Vets
of America on 12/13 and next Work Session on 12/15.
34. Adjournment - 7:45 p,m,
Commission Action Agenda 2003-12-04
5
12/4/03
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, December 4,2003 - 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. Proclamation: Miniature Art Month - January 2004
b. "2003" Changing Neighborhood Award" - for ongoing dedication and
commitment to our citizens while improving our neighborhoods.
4. Approval of Minutes - Regular Meeting November 20, 2003
5. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
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.
6, Public Hearing & First Reading Ord 7232-03 - Approve the applicant's request to vacate
the 60-foot right-of-way of Allen Avenue from the southerly extension of the west
property line of Lot 15, Block B, Ackers Subdivision to the westerly right-of-way line of
McMullen Booth Road (C.R. 611), subject to the retention of a drainage and utility
easement over the full width of the right-of-way to be vacated and vacate the three foot
utility easements lying along the rear lot lines of Lots 4 thru 15, inclusive, Block B.
Ackers Subdivision, (A.K.A. 2730 McMullen Booth Road) (V2003-11 Hupp/McMullen)
7. Public Hearing & First Reading Ord 7215-03 - Approve an amendment to the approved
Park Place Development of Regional Impact (DRI) Development Order through the
Notification of Proposed Change process by extending the build-out date of the DRI. by
five years to December 31, 2008. (Section 17-29-16). (To be continued to
12/18/03)
12-04-03 Commission Agenda
1
Public Hearing - Second Reading Ordinances
8. Ord No, 7201-03 - Approve the Petition for Annexation of property located at 2386 Dora
Drive (Lot 70, Rolling Heights in Sec, 7-29-16). ANX2003-08020 (Jeffery & Deanna
Rogers)
9. Ord No, 7202-03 - Approve the Land Use Plan Amendment from County Residential
Low (RL) to City Residential Low (RL) for 2386 Dora Drive (Lot 70, Rolling Heights in
Sec. 7-29-16). ANX2003-08020 (Jeffery & Deanna Rogers)
10. Ord No. 7203-03 - Approve Zoning Atlas Amendment from the County R-3, Single-
Family Residential District, to the City LMDR, Low Medium Density Residential District
for 2386 Dora Drive (Lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery
& Deanna Rogers)
11. Ord No, 7204-03 - Approve the Annexation of property located at 2525 Druid Road
(consisting of M&B 44/041 and a portion of Lot 3, Sever Park in. Sec18-29-16).
ANX2003-08021 & LUZ2003-08006 (Tree Top at Druid)
12. Ord No. 7205-03 - Approve the Land Use Plan Amendment from Residential Urban
(RU) (County) and Residential/Office General (R/OG) to Residential Low Medium (RLM)
and Preservation (P) for property located at 2525 Druid Road (consisting of M&B 44/041
and a portion of Lot 3, Sever Park in. Sec18-29-16), ANX2003-08021 & LUZ2003-08006
(Tree Top at Druid)
13. Ord No, 7206-03 - Approve Zoning Atlas Amendment from C-2, General Retail,
Commercial and Limited Services District (County) and the 0, Office District to the
MDR, Medium Density Residential District and the P, Preservation District for property
located at 2525 Druid Road (consisting of M&B 44/041 and a portion of Lot 3, Sever
Park in, Sec18-29-16). ANX2003-08021 & LUZ2003-08006 (Tree Top at Druid)
14. Ord No, 7207-03 - Approve the Land Use Plan Amendment from Residential/Office
General (R/OG) to Commercial General (CG) for property located at 1515 South
Highland Avenue (consisting of a 1.16 acre portion of Parcel 1 of the Labelle Plaza
Shopping Center, in Sec, 23-29-15). LUZ2003-08007 (LaBelle Plaza Shopping Center)
15, Ord No, 7208-03 - Approve Zoning Atlas Amendment from 0, Office District to the C,
Commercial District for property located at 1515 South Highland Avenue (consisting of a
1.16 acre portion of Parcel 1 of the Labelle Plaza Shopping Center, in Sec. 23-29-15).
LUZ2003-08007 (LaBelle Plaza Shopping Center)
16. Ord No. 7231-03 - Approve amendments to Chapter 3 Land Use Plan/Redevelopment
Plan regarding the attraction and development of a retail/entertainment complex; and
Downtown strategies, the capital improvement plan and tax increment revenue
projections sections of Chapter 4 Plan Implementation associated with the Plan.
.
CONSENT AGENDA (Items 17 thru 24)
Consent Agenda items require no formal public hearing and are subject to approval by a single
motion. However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda for discussion and individual vote.
17. Appoint Frederick I. Ziegler to the remainder of a two-year term, expiring in May 2004,
as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance
with Sec, 175.061 of the Florida State Statutes. (FD)
18. Approve increase to the North Greenwood Branch Library project budget in the
amount of $10,235.06 to allow a final change order to Angle & Schmid, Inc. to be issued
and payment made. (LIB)
19. Approve a three-year lease agreement with 10S Capital in the amount of $36,000.
(estimated) for Canon IR3200 high-speed color copier in accordance with State of
Florida IT Contract #250-000-03-01, (PC)
12-04-03 Commission Agenda 2
20. Accept a 240 square foot sidewalk easement conveyed by First Church of Christ
Scientist, Clearwater, Florida, Inc., for $1.00 and other consideration over and across
the south 40 feet of the west six feet of lot 5, Block 3, A. C. Turners 3rd Addition. (PW)
21. Approve Change Order No.4 and Final, decreasing Contract No 00-0029-UT, 2000
Reclaimed Utility Improvements, with A & l Underground, Inc. in the amount of
$102,317.08 for a new contract total of $5,428,786.07; ratify and confirm April 10, 2003
payment of Invoice No. 14 to A & l Underground, Inc., in the amount of $53,024.72 and
authorize the appropriate officials to execute same. (PW)
22. Reappoint Jan Regulski to Library Board for term expiring 12/31/07. (ORlS)
23. Appoint to Enterprise Zone Development Agency Paul Brian Schuh (Business
Operating within Area category) to fill remainder of term expiring 7/31/07 and Kristin
Griffin (local Private Industry category) to fill remainder of term expiring 07/31/05.
(ORlS)
24. Appoint Kathy Milam to Community Development Board to fill remainder of term
expiring 02128/04, (ORlS)
OTHER ITEMS ON CITY MANAGER REPORT
25. Adopt Res 03-41, approving the transfer of Verlzon Media Ventures Inc, Cable
Television Franchise to Knology of Florida Broadband, Inc, and authorize the
appropriate officials to execute same.
26. Appoint alternate member to the Community Development Board.
27. Continue MPO membership as is with addition of one member representing the Big C.
28. IAFF Union Negotiations Update.
29. Other Pending Matters
CITY A TIORNEY REPORTS
30. Charter Amendments - First Reading
a, First Reading Ord 7235-03 . Submitting to the city electors proposed amendments to
the City Charter amending Section 7.02; requiring the Commission to appoint a charter
review advisory committee every six years; amending Section 8.04; eliminating specific
requirements for fees, petition cards, and dates for qualifying as a candidate; making
non-substantive grammatical, numbering, and organizational amendments to the City
Charter.
b, First Reading Ord 7237-03 - Submitting to the city electors a proposed amendment to
the City Charter amending Sections 2.01 (d)(4), 2.01(d)(5) and 2.01 (d)(6), which
provides for limitations on Commission powers relating to city-owned real property.
c. First Reading Ord 7238'()3 - Submitting to the city electors a proposed amendment to
the City Charter amending Section 2,03; increasing the term of office for commissioners
to four years; reducing the disqualification period from one term to two years for
commissioners who are disqualified from running by term limits,
31, Other City Attorney Items
32. City Manager Verbal Reports
33. Other Commission Action
a. Metropolitan Planning Organization (MPO) Appointment.
34. Adjournment
12-04-03 Commission Agenda
3
CITY OF CLEARWATER
Interdepartmental Correspondence
FROM:
Mayor and Commissioners Q
Cyndie Goudeau. City ClerW
Follow up from December 1, 2003 Work Session
TO:
SUBJECT:
COPIES:
William B. Horne, City Manager
DATE:
December 2, 2003
In response to questions raised at the December 1 Work Session, the following
answers are provided in final agenda order:
Item #7 - Ord 7215-03, Park Place Development of Regional Impact - item will be
continued to 12/18/03.
Item #19 - Three-year Lease Agreement with IOS Capital - requested a break down
of the repair and supply costs for the current color copier - Information will be provided prior
to Thursday night.
Item #26 - Alternate member appointment to Community Development Board - the
current list of members is provided. An additional application (Dan Dennehy) for
consideration is also provided with the item.
Item #27 - MPO membership - memo with proposed motion is provided with the item.
Item #30a, b, and c - Charter Amendments - The City Attorney will refine the
questions regarding allowing easements to be granted over OS/R property. The latest
version of the Ordinances and the questions will be at your seats Thursday night.
COMMUNITY DEVELOPMENT BOARD
Meeting Date: 3rd Tuesday
Time/Place: 2:00 p,m. - Commission Chambers
Members: 7 and I Alternate
Term: 4 years
Financial Disclosure: Yes
Staff Liaison: Planning Department - Cyndie Tarapani - 562-4567
Purpose: Handles matters related to planning and development; conducts public hearings and decides certain
development requests that are not within discretion of city stafT; conducts design review; evaluates historic
applications; reviews requests for land use plan changes and rezonings; and serves as Local Planning Agency to
review and advise Commission regarding the City's Comprehensive Plan.
Special Qualifications: Board shall include members qualified and experienced in the fields of architecture,
planning, landscape architecture, engineering, construction, planning and land use law and real estate.
1999
Expir.
Name! Address Phone Date
David Gildersleeve H: 796-2939 02/28/2007
3350 San Pedro St., 33759 0: 882-8366
(Consultant - Planning)
Edward Mazur, Jr. H: 797-1218 02/28/2007
3089 Braeloch Dir. E., 33761 0: 724-8422
(Civil Engineer)
Alex Pliska H: 441-8041 02/28/2006
H: 706 OakAve., 33756 0: 461-0030
Mail to 0: 800 Drew St, 33755
(Architect)
Shirley Moran H: 596-2225 02/28/2005
1351 Gulf Blvd., #108, 33767
(Consu ltant)
Carlen Petersen, Chair H: 796-7050 02128/2004
2582 Anderson Dr., W" 33761
(Retired Attorney)
Orig,
Appt.
1999
1999
1999
1999
CDB Members Continued
2001
2002
Ed Hooper, Vice Chair
2460 Northside Dr, #402,33761
(Retired Firefighter)
H: 723-1166
0: 458-4751
02/28/2005
02/28/2006
2002 Kathy Milam H: 461-1929 04/30/2005
1828 Venetian Point Dr 0: 461-0564
33755
(President-Southern Hospitality Distinctive Group Services)
(Alternate) (Fill remainder of Hibbards term beginning 2001)
Rev, 04/03
John Doran
65 Verbena Street, 33767
(CPA/Attorney/Real Estate Broker)
H: 442-9855
0: 447-9579
Decenb!r 3, 2003
o'-(~
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~-&~~ I
Ciy of Cleafwater Mayor Brian Aungst
City Con1missioners Hoyt HarriIon, VVhitney Gray, Frank Hibbard, Bill Jonson
City MalIag8I' Brian Aungst
Re: ~~ ~aest TratIc Calning Plans- Map as ~ attachments
Dear Sirs and Madam:
I am writing you today to ask you to reconsider some of the proposed intenlection and street changes in my
neighbomood, and Skycrest Neighborhood.
I have been a residEd and homeowner in Crest Lake NeighbortJood since 1969_
We have onIf recenIy seen the "Skycrest TnIfIc Calning" planning map,
We aburVY beseech you:
1, MI to put in the &mal rout.daboot all..8U Or, and Grove Sl; we own 2 houses there and do nm want it
BIer finding cO about the ........ willi neighbolbood roundabCMJtl; powibly COIlIider a four WIf'/ stop,
Mr. WaIL.ork staled thai roundabcMlIIs ant om the ..._ b' .. &mal Dersedions and 2-4 $15 Stop signs
woI1t - wet;
2. pIeaee recot..... remowillg the traIIc Ight to .. in a fOUIJdaboU aI Lake and Cleveland St.
3. Also,..... check .. meclan and roundIIbouIlIl SkyC1811 Elementary _there could be problems with
school ~__ enIIIring and ..iIing around 11ent, and enwuency vehidea 11IIo;
4. Not to i..... the "'DiegonaI Owerto(' at Rainbow Dr, and S, ~ /we, _ the bueiI..a 11_. sc:hooIs,
.... and ... do not want tfIiI, and ...., .., zoned eo...lwdaI and InstrudionaI on the Scdh side of
Rai.tbow St. INn;
5. Not 10 plan trees in the ntiIe of the ..... on the tmIII NoIth SouIh stJeets;
8, Not to ...... cu neighbomood tad for the Iullidela to get 8f'OUIld or get emergency vehicles or ciIy
seMen,
We have done some .....Ich, 1ocaIIr, and on the InIBmet and there are documented problems will
neighbomood RJUltdIIbouII.
FIRH rnd the doc_..... d ............ .. these Web Sites:
-_ tJh~J9.1!9Y1iD9 j~JI:1!l_:G_Qm:J~lQn"_.Qttt1~ J~RortJ .~prQble!Tls. Associated Tra
-2 PROBLEMS ASSOCIATED WITH TRAFfiC CALMIN.G~o.E)l!.c.t;_Q
-3 OJ~~Jb~-E)~R@.cted from Del~yed Em~ml~Jlcy_Re_sp9!1S~ Due to Neigh Traffic
-4. tlltpt19m~._~n.,.rr &omgl<tLJ~.ltQt~xtsU:c _calm
-_5 .(!mail ~ubfip(ight of way_& _~p_~~~~
~()J~9!!<;1_A~~.~~!?J9LPls~bj~..8m~Ji~~ns
*7. Encinitas Traffi.q _C_alming ":. W~Ity!'prk-.~.5~~J.~~gef1~
We Iwve cher*8d will neighbcn hing ... the roundabcdll North of Drew Sl
M of thne rJ 11.. we tIIIIed willi aid ""_del .... lkelhem. n.y IIIIid that n8nY vlNdea could not go
around '*" and would h8ve to go ov.-Ihem -lire .. trudel, ...... trucb, movinG Web, RVs; .xl wh8t
they h8d to My .... will lie doaInwnIlId ~ in CM Cour*Y wIIh fOUI~, onw.., OCCUI*D. or
emetgenCY 1'8...... could...... ..., ... going CMtr""" rouI~. n.e ntV1bcn Slid.... when
one trudt went over . rouI~ . .... ~.uI.nd wenI up II*>> . comer yard and cId daI..-ge. They Mid ...
when C8IS go over the roundabo&D lit night II8t it...... a Ial of....; 8IId ... oft8n when can.... to mIIke 8
left Un ........... of gdng around the rou.dlllN;d they j&.a .... . quick lei thai would be inIo ~I.'"
nile,
Thia .. . WOI..... neighborhood ... why would you .-It to mIIIte . .... lor tI18 J8IidenII to gel8IOUnd? VVhy
would you.... to ignore silliiy CiOIMIM 8bouI ~ ........ ....?
We ... told .......... RJUI~ on Claw J hnd SIreeI wcdd.. ..... II .. roundIIbouIlI, to 15 miIea per
hour, ... .. 22 .... .. MCOnd, The nile 19hI...... .-...c on . rwd.
A IdIooI dIId, . iIIftN&d ...... .... .... an .... would .... ....... CI'D l14nu 11I22 . .. uc:ond,
How is . thIIt "Skya..t trIIIIc Ca...... induded the Migttboltlood w.t of Duncan Ave, which .. not Skycrest
NIighbomood?
VWIy don' people, b Ili_" ones going 10 the ~ mil"., know abed the Sky~ nile calning
....?
Wednesday, December 03. 2003 America Online: Rosicdot68
. People travelog on the North/South Corridor of Belcher or Keene wi. no longer have the plan of turning
\Nest onto Cleveland Street to go to the Beach.
. This wiD gready reduce the need or necessity for even having most of the tralle calfring on Cleveland St.
and sunounclng neighbortloods,
Were Traftc Studies done on Cleveland and Drew St and Gulf to Bay to see what effect this would have on them?
These plans did not take into considendion that the bOOg@ will no longer be on the West end of Cleveland St., and
that Downtown Square might be blocked off to traffic.
Money can be better spent on beautification of our wonderful city and city services.
\Nith the Federal deficit looming higher, why consider using this money for this plan, which is not necessafY,
VVhat .bout Terrori8m?
In this time of worry abouI terrorism, don' we need oor roads to be eesily accessible even more? Don' we need
to be able to get out in the event of terrorism or hurricane or and unforeseen emergency.
The plans for "Skyc:rest TrafIc Caming- began before 911112001;
The survey and neighborhood consensus was done before 9/1112001. Also, the residents were unaware of the
prob4ems assod8ted with neighbomood tratIc caIning when they signed,
This is i~t; pia... take tt1iI ~o c:ontidet1IIion,
Finalr, Mr. V"JIIIL.rortt smted thId 1I%_Q(jfte Ira~ in a,~ C9ffi8S from lIJe r8~ts traveing in tb.@t
neigh~, QuaIty of Ife Is iq:MMtanl
Pl8Me consider tis when you look at these plans.
Thank you,
Randal and Dorothy St8ndIey
Wednesday. December 03,2003 America Online: Rosied0t68
Skycrest Neighbors
c/o Ric 1. Ortega
18 S. Corona Ave,
Clearwater, FL, 33765
February 5, 2001
Property Address- \ \0 S. A(c::.~-(.t,tCXS A~ ·
Property Owner Name-C.~ VI S keJ Del"'"
".Ifyou wish to support us in this effort for our neighborh~od, please return this to the above address by
Feb. 6, 2001.
. ~") )cJ\
0\ w.../'
~\D ~ .dv
~ 1 rYii~6'
. ,.J~~ ~
J;~
Dear Property Owner:
Our neighborhood gained official City neighborhood status over a year ago. Neighbors of
Skycrest subdivision are concerned with the volume and amount of traffic throughout our
neighborhood, As you may be aware of, scheduled to start late this year is the
construction of an extension connecting South and North Keene Roads. This is going to
cut our neighborhood in half and due to eontinued traffic concerns, the City has offered
Traffic Calming to our neighborhood, It will include treescapes that reduce vehicular
speeds and further define our neighborhood as a residential area,
These types of projects have been successful in many cities to help strengthen
neighborhoods, provide safety, and increase property values, This will benefit all of us!
Monies have already been allocated in the city budget for this model traffic calming
project, and they come from the general city funds (therefore, from the entire city taxes).
If we are unable to gather required support, other neighborhoods slated below us in needs
will get the funds. We, just as the other neighborhoods, must gather a minimum support
from 65% of property owners prior to the City proceeding with this project. Our
neighborhood has a large number of rental properties,
The city has provided us names and addresses of rental property owners. Your signature
below will indicate that you support our work & this neighborhood improvement
program. The attached eopy of a portion of the Fall 2000 city newsletter gives a
description of the program,
Sincerely,
Skycresl Neighborhood Traffic Calming Commillee
Bill Welch, David Dilday, Geary Sue Humphreys, Ric Ortega,
JoAnna Siskin, & Brett Gardner
Ci'-~"l~O~~
(
~~\\()
Print Name & Sign above
Note: Ken Sides is the City of Clearwater Traffic Calming Engineer in charge ofthis program,
ClEARWATER '
NEIGHBORHOODS
~- -
.
~ Newsletter for the Citizens of Cle.orwater
FALL 2000
Exce/pts from:
Spotlight on
Unifying Neighborhoods
3kycrest Neighbors Moving With Change
',f> \'IP\ il i
. _<") " .J-1'llt' "
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Submitted by Ric Ortega, Skycrest
Neighbors
The Skycre5t neighborhood's
development began around Crest
Lake and grew eastward along
Cleveland Street to include Slrycrest
Park and Lake StarCrest. The
majority of homes in this linear
neighborhood, bound by Gulf-to-
Bay and Drew Street, were built in
the 1950s and 196Os. Known as a
great walking area, the neighbor-
hood is characterized by the
beautiful mature tree canopy found
throughout, especially along
Cleveland Street,
Beginning in November, the
construction of the Keene Road
extension will divide the neighbor-
hood into Skycrest East and Slq'crest
West, with six lanes of major
nonh/south traffic. Pinellas County
the City of Clearwater, and Slq'cres~
neighbors are working together to
help minimize the possible
detrimental effects that a six-lane
road could have on Slq'crest. Some
neighborhood concerns include
Skycrest Elementary School safety,
traffic noise and dirt generated by
trucks. Slq'crest Park reduction. and
negative aesthetic construction
effecfs.
; Clearwater
~~
~
Ncilthborhood Services
P.O, \}ox 4748
Ocarwalc:r.1'L 33758.~7~H
Sk)'crest NeiglJbors
workillg togctbc,' to
develop a long rangc
traffic pia rz.
\Vh~n a neighborhood must deal
with an issue it can become a
divisive ordeal, pining neighbor
against neighbor and both against
governmenl. Traffic calming can
be one of the most divisive isslIes,
but it Gin :iiso bring pt:()plc"-
together. In CI~af\"'atert it has done
both. The difference is in the
choice of process.
Clearwater's first pilut traffic
calming project look a lop.down
approach ,in which City staff
presented a traffic calming plan to
lhe n.eighborhood :It several group
meeltngs. Some residents liked the
plan; some didn't. Discord arose
and the issue was settled at the
Commission level. The project got
built, but at a cost in neighborhood
harmony.
C1e~f\"'a~er's second traffic calming
proJect, III Grandview Terrace, took
a bottom.up approach in which
about 40 residents attended a
meeting where they were trained
in traffic calming techniques
br;1instormed and ranked th~ir
lrolffic safely issues. Residents
were empowered to design
v:\ri:uions on their own traffic
<.::\lming plan, and agreed upon a
final preferred plan. These trained
citizcn-designers then presented
their plan to their neighbors in
hundreds of one-on-one meetings
at front doors. The results were
~9% consensus for :\ technically
excellent plan and no neighbors
locked in conflicl. The issues were
seuled at the neighborhood level
and had the effect of building
community, not dividing it.
Ncigl!burs get along when they are
wo.r~ng together in a compressed,
faCilitated workshop to design the
be~t plan they can to fit their own
neighborhood. They sign their own
work, a sure sign of ownership.
An~ they - not City staff. explain
th~lr plan to the rest of their
neighbors and ask them to
support il.
ClI.rrellll)' eight more Clearwater
1.1.<:I~hhorho()ds arc going through a
slIndar pro<:css. \Vith good will
:lI1d some hard work lhe
participanls will sllc~ced in
designing the best lraflic calming
plan for their neighborhoods and
co.nvil~~illg their neighbors of its
SlIItalHhty and allr.\ctiveness. For
n~orc .il.lformalion please call Ken
Sides. I rafnc Calming Engineer at
562-4792, . .
N('(~/Jb(J"s IIa/tlrol/l' I;ke
/IJ(' p(all /bl!)' c':(!Oled
for lI,lei,' own
1/(!(~/Jb(},.lJo(}do so ()Il)'-;1I
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City of Clearwater - City Projects Details
Page 1
of
I
r
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I
City Home> City Protects> City Project Details
City Projects
Project Details
Department PUBUC WORKS ADMINISTRAnON
Owner
Arasteh
Project
Manager
Construction
Manager
Sides
Project
Title
Project#
CIP#
Scope
Skyaut Traffic c.lmlng
N/A
N/A
Construct traffic calming features In Skycrest.
Schedule:
m 08/00 Preparation complete
m 08/00 Public sessions (Charrette #2 & #3) - Site visits /Issues
development / design sessions
D 6/04 Design complete
D 4/05 Award
D 5/05 Begin construction
D 5/06 End construction
m 02/01 Skycrest - 65% neighborhood consensus complete
iii 8/01 Skycrest survey complete
iii 7/03 Begin design
http://www.clearwater-fl.com/cityprojectslprojectdetail.asp?project= 144
9/29/2(
City of Clearwater - City Projects Details
Page 2 of2
Notes:
7/21/03 - Commission unanimously awarded the design Work Order to King Engineering on
July 17, 2003,
Project
Updated:
7/21/2003
City Home I About Clearwater I Services I Government I Residents I Business I Visitors I ~Ioyment I ~aiiol
Contact Us I Leaal Notices I Site Mat!
Page last updated Thursdav, September 11, 2003
.~
r:;:~~.:;~;: ;(.:t~~!
~2003 City of Clearwater
http://www.clearwater-fl.com/ci typrojects/proj ectdetail.asp?proj ect= 144
9/29/2003
I
.:J-oO /
Dear Commissioner:
We would like to request that you please carefully reconsider the installation of roundabouts on
Cleveland St.. particularly the one at the intersection of Cleveland St. and Lake Drive. For years
there has been a traffic light at that intersection. Many pedestrians, some with disabilities or
illnesses use that light to cross the street to visit the park. Also, school children that wait at that
intersection for a school bus use the light to cross the street. 1t has been said that the roundabout
Viill reduce traffic speed to approximately 15 miles per hour. Fifteen miles per hour is 22 feet
per second~ this is too fast for school children or older adults with limitations. This intersection
must have a traffic light for safety. With no traffic light and just a roundabout the traffic will not
be required to stop and the pedestrian will have to cross the street with vehicles entering the
intersection from possibly four directions.
We feel that monies would be better spent on other needed Clearwater projects.
This is Cre!t1 Lake Park subdivision and we are not justly represented by the Sky Crest
subdivision association.
We first moved to Crest Lake Park subdivision in March 1969. We have loved this
neighborhood and the city of Clearwater. We have reared our children in this neighborhood.
We own three homes here. We consider this neighborhood to be historic~ it plays an important
part in Clearwater, We believe its still high on the list ofClearwater's leaders is quality of'life
and safety of its citizens.
Please consider other remedies for traffic calming on Cleveland Street~ reducing the speed limit
to 25 miles per hour, automatic speed signs.
We would also like to say that we think Lake Drive, between Cleveland St and Gulf to Bay, is a
beautiful and safe street just the way it is.
I am writing because of my situation I have a walking disability. Crossing Cleveland St. without
a light and only a roundabout would be hazardous. Traffic traveling at fifteen miles an hour, or
22 feet per second would make this a dangerous crossing for me and countless others, including
school children who daily cross there.
~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
~J ~~:2~~~:~~~~.% ;
Trackinq Number: 293
Actual Date: 12/04/2003
S.J.!RJ~_c.tLRecommendation :
Approve the applicant's request to vacate the 60-foot right-of-way of Allen Avenue from the
southerly extension of the west property line of Lot 15, Block B, Ackers Subdivision to the
westerly right-of-way line of McMullen Bootll Road (C.R. 611), subject to the retention of a
drainage and utility easement over the full width of the right-of-way to be vacated and vacate
the 3-foot utility easements lying along the rear lot lines of Lots 4 through 15, inclusive, Block
B, Ackers Subdivision, (A.K.A. 2730 McMullen Booth Road), and pass Ordinance Number
7232-03 on first reading, (V2003-11 Hupp/McMullen),
Summary:
'" The subject property is proposed to be developed into a 19,560 square foot medical/surgical
office.
~. Allen Avenue is presently unimproved and will be used as the primary access into the property
as well as a secondary access into the existing condominium project to the south know as liThe
Vinings".
'r The city presently has sewer and potable water facilites in Allen Street right-of-way.
'. No city utilities are existing in the 3-foot utility easements
.. Verizon, Verizon Media Ventures, Bright House Cable and Progress Energy have no objections
to the vacations requested.
* Public Works Administration has no objections to the vacations requested.
OriqinatinQ: Engineering
Section Administrative public ~
Cateoory: Vacation of Easements and Rights of
Way
Pu_Olic Hearing..;. Yes
Advertised
Dates:
11/23/2003
11/16/2003
Financial Information:
Review Approval
Michael Ouillen
11-06-2003
15:31:38
Brvan Ruff
11-12-2003
09:49:02
Bill Horne
11-19-2003
16:09:22
C:vnrlie Gourlp.i'llJ
11-20-2003
14:26:49
./) '......./
1/) \~
~j
~ Clearwater I
~...;~~!
~~~l
. . . . " .
C it Y Com m IS S Ion
Agenda Cover Memorandum
Garrv Brumback
11-19-2003
15:38:54
~;"~".,"_."..,.,,, n",. .-" ".,..__...., ..... A._..... .~~~......~,.'*"'_~.,._.~ '__"""._.~.4>w.~"..r'__"'.""",'..., -',"-.-p
ORDINANCE NO, 7232-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ALLEN AVENUE RIGHT-OF-
WAY FROM THE SOUTHERLY EXTENSION OF THE WEST
PROPERTY LINE OF LOT 15, BLOCK 4, ACKERS
SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LINE
OF MCMULLEN BOOTH ROAD, SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF AND
VACATE THE THREE-FOOT DRAINAGE AND UTILITY
EASEMENT LYING ADJACENT TO THE REAR PROPERTY
LINES OF LOTS 4 THROUGH 15, BLOCK 4, ACKERS
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Hupp and Allen M. McMullen, Jr., owners of real property
located in the City of Clearwater, have requested that the C;ty vacate the right-of-way
depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
Portion of the 60-foot right-of-way otAllen Avenue from the southerly extension of
the west property line of Lot 15, Block 4, Ackers Subdivision, as recorded in Plat
Book 3D, Page 91, Official Records of Pinellas County, Florida to the easterly right-
of-way line of McMullen Booth Road, subject to a drainage and utility easement
which is retained over the full width thereof and vacate the three-foot drainage and
utility easement lying adjacent to the rear property lines of Lots 4 through 15, Block
4, Ackers Subdivision
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon,
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption,
Section 3. This ordinance shall take effect immediately upon adoption,
Ordinance No. 7232-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No. 7232-03
1
1 I
.JNORTH
Location M~p Facility
Hogan MedIcal
:s
EXHIBIT "A"
Scale 1 "=1 00'
2
,
,
1
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9
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Of1
10
18
CHARLES
1
1 1 b
I 1
I Re r 3' Utili Easeme Of Lots 4 Thru 15 8 p::
t nd Lots 8 Thru 11 ction Requested ~
0 ------
I By Appll ant 1 0
2 t 3 4 5 6 I 7 9 0
I 1
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3' Utl/tiy .
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1 1 5 '"
I 16 15 I 10
17 307'0 3080 12 ~
I I ------
I 1 :e
I I 11
I I
1 I
1 2727
ALLEN AVE
60'
R/W Vaction Requested
By Applicant
-H-
II
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City Commission
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Agenda Cover Memorandum
Tracking Number: 305
Actual Date: 12/04/2003
Subject / Recommendation:
APPROVE an amendment to the approved Park Place Development of Regional Impact (DRI)
Development Order through the Notification of Proposed Change process by extending the build
out date of the DRI by five years to December 31,2008. (A portion of section 17, township 29
south, range 16 east), and PASS Ordinance #7215-03 on first reading.
SlJIJJ1Dm..:.
This 99-acre subject site is generally located between Gulf to Bay Boulevard and Drew Street
from Hampton Road to the U.s. 19 Frontage Road. This Development of Regional Impact (DRI)
amendment is requested by the property owners to extend the build out date of the DRl by five
(5) years from December 31, 2003 to December 31, 2008. There are no changes to the type or
amount of development in the DR!. The Park Place DRI is built out with the exception of
100,000 square feet of light industrial use on Parcell and 100,000 square feet of office use on
Parcel 6. The developers of the DRI have fulfilled the development order as amended to this
date.
Upon review of the submitted Notice of Proposed Change, Tampa Bay Regional Planning Council
(TBRPC) and Florida Department of Transportation (FDOT) staffs determined that no adverse
regional impacts would occur a:; a result of the extension to the build out date and no objections
were raised.
The Planning Department determined that the proposed DRI amendment is consistent with the
review standards specified in Section 4-605.F of the Community Development Code:
- The amendment will not interfere with the achievement of objectives of the adopted
county-wide plan applicable to the area.
- The amendment is consistent with the report and recommendations of the regional planning
agency.
- The amendment is consistent with the City of Clearwater's Comprehensive Plan.
o The amendment is consistent with the State Comprehensive Plan.
Please refer to the attached Development of Regional Impact Notice of Proposed Change
(DRI2003-09001) report for the complete staff analysis.
The Community Development Board reviewed the proposed application at its regularly scheduled
meeting on November 18, 2003 and unanimously recommended approval
Orjgjrtatlng;.. Planning
Section Administrative public r
Categor~: Annexations, Land Use Plan and Zoning
Numl2~r of electronic documents 8
attached:
P.JJblic_HearincL;" Yes
8g.'[~r!Lse(t
QQt~s~
11/01/2003
jJl-!J 1- (
; Clearwater!
;. ~~:q~~~!~j
Fin~nr.iallnform~tion:
Review ARRroval
Leslie Douaall-Sides
Gi'lrrv BrtJmhi'lck
Cvndie Goudeau
Bill Horne
C it Y Com m is s ion
Agenda Cover Memorandum
11-21-2003
11-25-2003
11-25-2003
11-25-2003
11 :38: 54
08:14:52
10:01:30
09:33: 52
Aerial Photograph
Site: '
, Park Place Land, Ltd and Bausch and Lomb
300 South Park Place Boulevard
Case:
DRI2003-0900 1
99.13
Owners:
Property Size (Acres):
Request:
Notice of Proposed Chonge 10 extend
the buildout date of the Development
of Regional Impact (DRI) by five years
10 December 31. 2008. '
PIN:.
17/29/16166373/OCYJ1OO50
17 /29/16/66373/OCYJ1OO~
I 7/29116/66373/OCYJ1OO3O
1 7/29/1 6/66373/OCYJ1OO20
17 /29/16/66373/OCYJIOOI 0
17/29116/59392100110010
17 /29/16trXXXXJl23IJ/11 00
,17/29/16trXXXXJ/23010100
17 /29/16trXXXXJl23IJlO 130
I 7/29/16trXXXXJl2<<J1OO6lJ
17 /29116trXXXXJl2~lO~
17/29/16/85546/OCYJ1OO20
17/29/' 6/85546/OCYJ1OO3O
17/29 1685546 10010
. Atlas Page:
291A
CDB Meeting Date: Novcmber 19, 2003
Case No.: DR12003-0900 I
Agenda Item: E2
CIlY OF CLEAR\V A TER
PLANNING DEPARTMENT
STAFF REPORT
BACKCROUND iNFORMATION:
OWNER! APPLICANT:
Park Placc Land, Ltd. and Bausch and Lomb Incorporated
REPRESENTATIVE: Tim Johnson, Esquire
LOCA TION:
REQUEST:
SITE INFORMATION:
DR! SIZE:
DIMENSIONS OF DRI:
DIU PROPERTY USE:
Currcnt Usc:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRlCf:
Current District:
Proposed District:
Generally located between Gulf to Bay Boulevard and Drew Street
from Hampton Road to the U.S. 19 Frontage Road
To amend the approved Park Place Development of Regional
Impact (DRI) Development Order through thc Notification of
Proposed Change process to extend the build out date of the DRI
by five years to December 31,2008,
4,318,810 square feet or 99.13-acres
2,500 feet by 2,500 feet m.o.1.
Office, Rcsidential, Restaurant, Retail and Light Industrial
Same
Industrial Limitcd (IL); Residential/Office/Retail (RlO/R);
Residential/Office General (RlOG); Commercial General (CO);
and Prcservation (P)
Same
IRT, Industrial Research and Technology; 0, Office; C,
Commercial; and P, Preservation
Same
EXISTING
SURROUNDING USES: . North: Multifamily Residential. Assisted Living Facility and
Staff Report . COlllmunity Development Board - November 19, 2003 - Case DR12003-0900 I . Page I
Open Space
South: Commercial
East: Mobile Home Park, Single Family Residential
West: Commercial
DRI lllSTORY:
The DRI's development order was adopted by the Clearwater City
Commission on September I, 1983.
An amendment was adopted by the City Commission on Octobcr
20, 1983 to incorporate Tampa Bay Regional Planning Council
recommendations.
An amendment was adopted by the City Commission on December
19, 1991 to provide 200,000 square feet for Industrial use and
reduce Office use by 300,000 square feet; provide an F,A,R, for
Industrial use; amending conditions based on phasing; amending
the developer's payment schedule; and extending the build out date
by five years.
An amendment was adopted by the City Commission on January
19, 1995 to modify phasing; decreasing office development by
7,480 square feet; extending the build out date by four years;
adding a conversion factor for Office use to Multifamily
Residential and adding a conversion factor for Industrial use to
Office or Multifamily Residential; and modifying conditions to
reflect changes in the transportation network.
An amendment was adopted by the City Commission on
November 21, 1996 adding a land use conversion factor to Parcel 4
for office and/or hotel development and reflecting a change in
ownership.
An amendment was adopted by the City Commission on February
I, 200 I reducing the approved office and retail square footage for
Parcel 6; adding a land use conversion factor for Parcel 6 for thc
conversion of approved office development to multi-family and/or
hotel development; and extending the build out date by three years
to Decembcr 31,2003.
ANALYSIS
This Development of Regional Impact (DR!) amendment is requested by the property owner to
extend the build out date of the DR! by five (5) years from December 31, 2003 to Deccmber 31,
2008. The Park Place DR! is built out with the exception of 100,000 square feet of light
industrial use on Parcel I and 100,000 square feet of office space on Parcel 6. The developers of
the DRJ have fulfilled the development order as amended to this date,
Staff Report - Community Dcvelopmcnt Board - Novcmber 19, 2003 - Casc DRI2003-0900 I . Page 2
I. CONSISTENCY WITH CITY'S COi\II'REIIENSIVE PLAN lSections 4-602.F.I &
4-603.F.I]
The City's Comprehcnsivc Plan oh,icl.lh C', illld pol kilos applicablc to the proposed DRI
amendment are as follows:
2.2 Objective - The City or (' klll'\\all'l' .,hall l'lllIl illlle 10 support innovative planned
development and mixed land IIW dl'\'I.'llIprlll'lll Il'\.'Imiques In order to promote infill
development that is consistcnt alld 1:1I1111'"llhl~' wllh Ihl.' "IIITlIulHling environment.
2.2.1 Policy - On a continuing hil~i~. I Ill' ('\l111I11l1l,11~ I h'\'l'lllpmcnt Codc and the site plan
approval process shall bl.' 1IIili/I.'" ill '"1111 1111 1I11! 1111111 developmcnt and/or planned
developments that me compatihk
3.2.2 Policy - Commercial land uscs shall Ill' 11I1.'ull'd III II\l' inlerseclion of arterial or collector
streets and should be sited in such II \\'II~' 11'1 III IIIlnlllll/l' Ihe illt/'lIsion of off:'site impacts
into residential neighborhoods, New pllll'l UII" .dll' plllllH !illull discourage the creation of
"strip commercial" zones hy illsurillg Ihlll IIdl'lIlIlIh.' 1111 dl'pllls me maintained and by
zoning for commercial devclllPlllCIlIIIIIlI1l11'1' i111l""'l'I.'lhlll'l.
5.1.1 Policy - No new developmcnt 01' I'l'dcwh'P'Jll'1I1 "III h,,' P"'1'II1111\"d which causes the level
of City services (traffic circulatilll1, n:l'l'\,'allllll IIlld IIPl'1\ "Plll'l'. waleI', scwage treatment,
garbage collection and drainage) tll Ihll helllw 11,1111111111\1 I""l'l,'plllhll.: levds. However,
development orders may be phascd or lllhel'\\'i~l,' 1\1Ildllied c0l1sistell1 with provisions of the
concurrency managcmcnt system to allow scrvln'!! III he IIpll,l'lIded ClIllCut'J'cntly with the
impacts of development.
5.5 Objective - All County and State roadwa)'s 111 ('lcarWlllel', f:\l'l,'pl Ihose identilied as
backlogged or constrained by the Pinellas ('Ollllt)' ~ 11'( ), ~,hllllllpl'l'lIle III le"el C average
duily/D peak hour.
Based on the traffic analysis submitted by the IIpplkllll\' liS \wll as sllhSellltcnt data Ihat
addresscd specific concerns of Florida Departmelll or Tl'iIllSplll'llllion (FDOT) and Tampa Bay
Regional Planning Council staff, thc City of Cleat'wlltel' Trurtie Engineel'ing Dcpartment has
concluded that the proposed amendment wi II not decrease the tl'tlllspllI'tntion level of service and
will not have a negative impact on thc operatioll or the sigllalized inlersections in the area, The
proposed amendment is consistent with the goalsund pol ides of the Comprehensive Plan.
n, CONSISTENCY WITH COUNTYWIDE PLAN
The Futurc Land Use Map is not bcing amcnded, thus, there me no appl icable regulations from
the Countywide Plan.
III. CONSISTENCY WITH TIlE REGIONAL I'LANNING COUNCIL
Pursuant to Subsection 380.06(l9)(c), Florida Statutes, this proposed change is prcsumcd to
creatc a substantial deviation. A substantial deviation is defined as "any proposed change to a
previously approved dcvelopmcnt which creates a reasonable likelihood of additional regional
Staff Rcport - Community Dc\'elopmcnt Board - Novcm her 19, 2003 .- Case DRI21111].OlJOO I . Page 3
impact, or any type of regional impact created by the changc not previously revicwed by the
regional planning agency."
Upon rcview of the submitted Notice of Proposed Change. TSRPC and FDOT staff dctcrmined
that further analysis was nccded to address specific concerns related to the submitted traffic
analysis (Exhibit B) and discrepancies within the Substantial Deviation Determination Chart
(Exhibit D). Both agencies arc still revicwing the subsequent data and commcnts on the revised
submittal will be provided by the reviewing agencies by November 18, 2003. The Planning
Department will report the revicwing agencics' comments and recommendations at the
November 18, 2003 Community Developmcnt Board meeting and thc Decembcr 4, 2003 City
Commission mecting.
IV. CONSISTENCY WITH TilE STATE COMPREHENSIVE PLAN
The State's Comprehensive Plan policies applicable to thc proposed DRI amendment are as
follows:
(16)(b)3. Enhance the livability and character of urban areas through thc encouragement of an
attractive and functional mix of living, working. shopping, and rccreational activities.
(18)(b)1. Provide incentives for dcveloping land in a \Vay that maximizes the uses of existing
public facilities.
(25)(b)5, Ensure that the transportation systcm provides maximum access to jobs and markets.
The proposed DRl amcndment is consistent with all applicablc State Comprehensive Plan
policics.
SUMMARY AND RECOMMENDATIONS
Based on the analysis above, the Planning Departmcnt finds the application consistent with the
Community Devclopment Code and, contingcnt upon approval by the Departmcnt of Community
Affairs, the Tampa Bay Regional Planning Council and the Florida Dcpartmcnt of
Transportation recommends approval of the Noticc of Proposed Change,
Prepared by Planning Department Staff:
Marc A, Mariano, Planncr
StatT Report - Community Development Board - Novcmbcr 19.2003 - Case DR12003-0900 I - Page 4
Attachments: Applicant's Submittal to DCA
DCA Letter
FDOT Letter
TSRPC Letter
Applicant's Responses
Location Map
Future Land Use Map
Zoning Map
Park Place DRI Parcel Configuration
S:I/'''IIII11111: Del"'I1mC/l/1C /) HVJe.', Ileg.IIllp<1CI!/JRnUII).09f/1il Pori Place DIU )0/1 S, Par4I'lact H1,',NJRWHI).090/11 ran, Place DRI slaffn!pOI1.cI/lC
Staff Report - Community Dcvelopmcnt Board - November 19,2003 -:- Casc DR12003-0900 I - Page 5
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300 South Purk Place Boulevard Property Size (Acres):
DRI2003-0900 1
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Notice of Proposed Change to extend
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to December 31, 2008.
1712'1116/66373/OC1J1OO50
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Owners: Park Place Land. Ltd and Bausch and Lomb Case: DRI2003-0900 1
Sits: 300 South Park Place Boulevard Property Size (Acres): 99.13
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Owners:
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300 South Pork Place Boulevard I
Case: I
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Property Size (Acres): !
Site:
Request:
Notice of Proposed Change to extend
the buildout date of the Development
of RegionallmpactlDRI) by five years
to December 31. 2008.
PIN:
Alios Page:
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Owners:
Park Place Land. L td and Bausch one Lomb I
D R12003-0900 1
99.13
Case:
Site:
300 South Pork Place Boulevard
Property Size (Acres):
Request:
Notice of Proposed Change to extend
the buildout dote of the Development
of Regional Impact (DRlj by five yeors
to December 31, 2008.
17/29/16166373tr:lXJlOO50
17/29116166373tr:lXJ1OO40
17/29/16166373tr:lXJlOO3O
17/29/16166373tr:lXJlOO20
17/29116166373tr:lXJ/0010
17/29/161593921001/0010
1 7/291 1 6/00xx:m'JOl 1 100
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17/29116185546tr:lXJlOO20
17/29116185546tr:lXJlOO'JO
17/29/16/85546tr:lXJ1OO10
PIN:
Alias Page:
291A
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Site:
Request:
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Parcel Configuraion Map
Park Place Land. LId and Bausch and Lomb
300 South Pork Place Boulevard
Notice of Proposed Change to extend
the buildout date of the Development
of Regional Impact (DRI) by five years
to December 31. 2008.
Case:
DRI2003-0900 1
99.13
Property Size (Acres):
PIN:
I 7/29/1 6166373/OOO/oo&J
17/29/16166373/00010040
17129/16166373/OOO1CYJ'YJ
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17/29/16/fX'1:m/240/04oo
17/29/16185546/00010020
17129/16/6.5546/000/0030
17129/16185546/000/0010
A lias Page:
291A
(1-01- (
ORDINANCE NO, 7215-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS
AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE
NO. 5142-91, ORDINANCE NO. 5722-95, ORDINANCE NO.
6107-96 AND ORDINANCE NO. 6678-01, A
DEVELOPMENT ORDER ISSUED PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE,
A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING
FINDINGS OF FACT; PROVIDING CONCLUSIONS OF
LAW; EXTENDING THE BUILDOUT DATE; DETERMINING
THAT SAID AMENDMENT IS CONSISTENT WITH THE
ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No.
3205-83 (the "Development Order") which ordinance constitutes a development order
for Park Place, a development of regional impact, affecting the property described on
Exhibit "A" attached hereto and incorporated herein (the "Development"); and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance
No. 3287-83, an amendment to the Development Order and readopted Ordinance
No. 3287-83 on December 8, 1983; and
WHEREAS, on December 19. 1991, the City Commission adopted Ordinance
No. 5142-91, an Amendment to the Development Order; and
WHEREAS, on January 19, 1995, the City Commission adopted Ordinance
No. 5722-95, an Amendment to the Development Order; and
WHEREAS, on November 21, 1996, the City Commission adopted Ordinance No,
6107-96, an Amendment to the Development Order; and
WHEREAS, on February 1, 2001, the City Commission adopted Ordinance No,
6678-01, an Amendment to the Development Order; and
WHEREAS, on September 10, 2003, Bausch and Lomb Incorporated and Park
Place Land, Ltd., a Florida limited partnership, the owners of certain undeveloped areas
of the Development, filed an application entitled "Notification of a Proposed Change to
a Previously Approved Development of Regional Impact ("DRI") pursuant to Subsection
380,06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with
copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the
Florida Department of Community Affairs (the "DCA"); and
Ordinance 1\0 721S.0J
WHEREAS, the NOPC proposes to amend the Development Order to extend the
build-out date by five years to December 31, 2008 (the "Proposed Change"); and
WHEREAS, the Proposed Change, combined with previous amendments to the
Development Order, is presumed to create a substantial deviation, pursuant to
Subsection 380,06(19), Florida Statutes; and
WHEREAS, the NOPC has satisfactorily addressed all regional issues related to
the Development and the presumption of a substantial deviation has been rebutted;
and
WHEREAS, the City Commission, as the governing body of the local government
having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider applications for proposed changes to previously approved
DRls; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and
the City have been satisfied; and
WHEREAS, the City Commission has reviewed the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Introduction - This Ordinance shall constitute an amendment to the
Park Place Development Order as previously amended.
Section 2. Findings - The City Commission, having received all related
comments, testimony and evidence submitted by each party and members of the
general public, finds that there is substantial competent evidence to support the
following findings of fact:
A. The Park Place Development Order, as adopted by Ordinance No, 3205-
83, and amended by Ordinances No. 3287-83, No. 5142-91, No. 5722-95,
6107-96 and 6678-01, is a valid final development order within the
provisions of Section 163,3167(8), Florida Statutes, affecting the property
described on Exhibit "A" attached hereto and incorporated herein,
B. Bausch and Lomb Incorporated and Park Place Land, Ltd., a Florida limited
partnership, the owners of undeveloped portions of the DRI, have proposed
that the Development Order be amended to extend the build-out date by
five years to December 31, 2008.
2
Ordinance No. 7215-03
C. A comprehensive review of the impacts generated by the Proposed
Change, together with all previous amendments, has been conducted by
the City's departments, the TBRPC and the DCA.
D. The Proposed Change is not located in an area of critical state concern
designated as such pursuant to Section 380.05, Florida Statutes (1993).
E. The Proposed Change, together with all previous amendments, does not
increase the external traffic impact of the development, nor does it create
additional impacts on other public facilities, including water, wastewater,
drainage, solid waste, recreation and mass transit, from the original
projections set forth in the Application for Development Approval ("ADA").
F. The Proposed Change hereby approved is determined not to be a
substantial deviation to the Development Order.
Section 3. Conclusions of Law - The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. The Development as built to date is consistent with the local
comprehensive plan and local land development regulations under which it
was developed.
B. The Development as modified herein, and as depicted on the Revised Map
H, Master Plan, attached hereto as Exhibit "B," will not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to the area.
C. The Proposed Change is consistent with the local land development
regulations currently in effect.
D. The Proposed Change, together with all previous amendments, does not
create a reasonable likelihood of additional impact or any type of regional
impact not previously reviewed by the TBRPC and DCA, over those treated
under the Development Order. The Proposed Change, therefore, does not
constitute a "substantial deviation" from the Development Order, pursuant
to Chapter 380.06, Florida Statutes. The Proposed Change is exempt from
the provisions of Ordinance No. 4983-90, City of Clearwater and the Park
Place DRI remains vested thereunder.
E. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the Proposed Change to the Development Order as
approved by this ordinance.
3
Ordinance No. 7215-03
F. The Proposed Change is within the threshold guidelines of Ordinance No.
4983-90 of the City, relating to determinations of vested development
rights, and the Park Place DRI remains vested thereunder.
G. These proceedings have been duly conducted pursuant to applicable law
and regulations, and based upon the record in these proceedings, the
various departments of the City, Bausch and Lomb Incorporated, Park
Place Land, Ltd., and other owners of the Development are authorized to
approve/conduct development as described herein.
H. The review by the City, the TBRPC, and other participating agencies and
interested citizens reveals that impacts are adequately addressed pursuant
to the requirements of Chapter 380, Florida Statutes.
Section 4. Order - Having made the above findings of fact and drawn the above
conclusions of law, it is ordered that the Development Order be amended as follows:
A. The Conceptual Plan described in Sections 4.A. and 4.J. of the
Development Order is amended to be as shown on Exhibit "B" attached
hereto and incorporated herein. All references to the Conceptual Plan set
forth in the Development Order shall refer to the Amended Conceptual Plan
attached hereto as Exhibit "B."
B. The build-out date is hereby extended to December 31,2008.
C. The amendments stated herein, together with all previous amendments, do
not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
D. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order
as approved by this ordinance.
E. The City Clerk shall send copies of this ordinance, within five (5) days after
passage of this ordinance on second reading to Bausch and Lomb
Incorporated, Park Place Land, Ltd., DCA and TBRPC.
F. This ordinance shall be deemed rendered upon transmittal of copies hereof
to the TBRPC and the DCA.
G. Notice of adoption of this ordinance shall be recorded by the Developer in
the public records of Pinellas County, Florida, as provided in Section
380.06, Florida Statutes.
4
Ordinanco No. 7215-03
Section 5. Effective Date. This ordinance shall take effect when filed as provided
by law, unless this ordinance is appealed, in which event this ordinance shall not take
. effect until such appeal has been decided.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7215-03
EXHIBIT "A"
TO ORDINANCE NO. 7215-03
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida and go S 89046'01" W, 660.00 feet, along the South boundary of the
Northwest 1/4 of said Section 17 (the East-West centerline of said Section 17;) thence
N 00019'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay
Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North
right-of-way line, S 89046'01" W, 58.49 feet; thence N 00013'59" W, 10.00 feet; thence
S 29046'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01004'04"
E, 599.99 feet; thence S 89046'01" W, 198.43 feet; thence N 00052'21" E, 554.70 feet;
thence S 89054'49" W, 400.06 feet, to a point on the East right-of-way line of U.S.
Highway 19; thence, following said East right-of-way line, N 01004'04" E, 28.15 feet;
thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82
feet, a chord length of 72.39 feet, a chord bearing of N 11056'04" E, thence N 22047'58"
E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc
length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20051'27" E, to a
point on the North boundary of the Southwest 1/4 of the Northwest 1/4 of said Section
17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89054'49" E,
1222.19 feet, along the North boundary of the Southwest 1/4 of the Northwest 1/4 of
said Section 17 to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of
said Section 17; thence N 00022'28" E, 1337.33 feet, along the West boundary of the
Northeast 1/4 of the Northwest 1/4 of Section 17 to the Northwest corner of said
Northeast 1/4 of the Northwest 1/4; thence S 89056'11" E, 1312.06 feet, along the North
boundary of said Northeast 1/4 of the Northwest 1/4 to a point on the West right-of-way
line of Hampton Road - County Road 144; thence S 00019'21" E, 2337.71 feet, along
said West right-of-way line; thence S 89046'01" W, 627.00 feet; thence S 00010'21" E,
280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by L1overas, Baur & Stevens, Consulting Engineers-Land
Surveyors, Clearwater, Florida, February 23,1982.
EXHIBIT liB"
TO ORDINANCE NO. 7215-03
PARK PLACE DRI - MASTER DEVELOPMENT PLAN, MAP H
REVISED AUGUST 22, 2003
ORDINANCE NO. 7201-03
, ,
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DORA DRIVE, APPROXIMATELY 535 FEET
SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 70,
ROLLING HEIGHTS, TOGETHER WITH ABUTTING DORA
DRIVE RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS
2386 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 70, Rolling Heights, according to the plat thereof, recorded in Plat Book 43,
Page 1, Public Records of Pinellas County, Florida, together with abutting Dora
Drive right of way. (ANX2003-08020)
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
N nvemhpr ?O. ?001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Approved as to form:
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Leslie K. Dougall-Si~e
Assistant City Attorney
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Cynthia E. Goudeau
City Clerk
Ordll1ance No 7201-03
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Owners: Jeffrey & Deanna Rogers
Site: 2386 Dora Drive
----
Land Use Zoning
Flam: RL R3(County)
10: RL LMDR
Proposed Annexation
Case:
Property Size (Acres):
R.O.W. Size (Acres):
PIN:
Atlas Page:
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281A
Ordinance N O. 7201-03
ORDINANCE NO. 7202-03
9'
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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 DORA DRIVE, APPROXIMATELY 535 FEET
SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 70,
ROLLING HEIGHTS, TOGETHER WITH ABUTTING DORA
DRIVE RIGHT OF WAY WHOSE POST OFFICE ADDRESS IS
2386 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 70, Rolling Heights, according to the plat thereof,
recorded in Plat Book 43, Page 1, Public Records of
Pinellas County, Florida, together with abutting Dora
Drive right of way, (ANX2003-08020)
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. 7201-03, 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
November 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
ArprQV:d ~s_ to fO~-l ? ,', ~
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Leslie K. Dougall-Si~es
Assistant City Attorney)
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No 7202-03
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Jeffrey & Decmno Rogers
Sile:
Properly Size (Acres):
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281A
Ordinance NO. 7202-03
ORDINANCE NO. 7203-03
~/.ri 7 / (?
AN ORDINANCE OF THE CITY OF CLE}\RWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF DORA DRIVE, APPROXIMATELY 535 FEET SOUTH OF
SHARKEY ROAD, CONSISTING OF LOT 70, ROLLING
HEIGHTS, TOGETHER WITH ABUTTING DORA DRIVE RIGHT
OF WAY, WHOSE POST OFFICE ADDRESS IS 2386 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 70, Rolling Heights, according to the plat
thereof, recorded in Plat Book 43, Page 1,
Public Records of Pine lias County, Florida,
Together with abutting Dora Drive right of way
(ANX2003-08020)
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. 7201-03.
PASSED ON FIRST READING
Nnvpmh~r ?O. ?001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7203-03
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Zoning Map
Owners:
Jeffrey & Deanna Rogers
Case:
ANX2003-08020
Site:
2386 Dora Drive
Property Size (Acres):
R.O.W. Size (Acres):
0.24
0.14
Land Use
Zoning
PIN:
07/29/16/76446/000/0700
From
RL
R3(County)
To:
RL
LMDR
Alios Page:
281A
Ordinance No. 7203-03
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ORDINANCE NO. 7204-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET
WEST OF U.S. HIGHWAY 19, CONSISTING OF MIB 44/041 IN
SECTION 1S, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2525 DRUID 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.
(ANX2003-0S021 )
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
November 20. 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
'1/ ..../ (,,/.. ','
I" . ./ . ./
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..1:...(. J. f ('. ! '. .;. ~' .'. L '
Leslie K. Dougall-Sides)
Assistant City Attorney
Attest:
\ .
.'. (
.&:. .
Cynthia E. Goudeau
City Clerk
Ordinance No. 7204-03
Legal Description for ANX2003-08021
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY
FLORIDA; THENCE N.Ol'03'04"E. A DISTANCE OF 1093.27 FEET
ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO
KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19;
THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE
N.Ol'03'04"E. A DISTANCE OF 100.00 FEET; THENCE
N.89'19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF
BEGINNING; THENCE N89'19'03"W. A DISTANCE OF 184.60;
THENCE N.Ol'22'22"E. A DISTANCE OF 100.01 FEET TO A
. POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD;
THENCE S.89'19'03"E. A DISTANCE OF 184.60 FEET ALONG
SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF
WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE
POINT OF BEGINNING.
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Land Use
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Proposed Annexation
Owners:
South Gate Park. Incorporated
Site:
From
To:
Case:
Properly Size (Acres):
Zoning
C2(County)
MDR
Exhibi t "A"
PIN:
Alias Page:
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0.42
18/29/16/00000/440/0410
2998
Ordinance N O. 7204-03
C/19 J./~
ORDINANCE NO. 7205-03
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 DRUID ROAD, APPROXIMATELY 400
FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES
AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525
DRUID ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS PRESERVATION; AND CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF DRUID ROAD,
APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19,
CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE
POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM
RESIDENTIAL/OFFICE GENERAL TO RESIDENTIAL LOW
MEDIUM AND PRESERVATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
land Use Cateoorv
See legal description attached
as Exhibit "A"
(lUZ2003-08006)
To: Preservation
Section 2. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
land Use Cateoorv
See legal description attached
as Exhibit "8"
(lUZ2003-08006)
From: Residential/Office General
To: Residential Low Medium and
Preservation
Ordinance No. 7205-03
Section 3. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 4. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. The
effective date of this plan amendment shall be: The date a final order is issued by the
Department of Community Affairs finding the amendment to be in compliance in accordance
with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance with Chapter 163.3184, F.S.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Nnv~mhpr ?O,?n01
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Si s
Assistant City Attorne
2
Ordinance No. 7205-03
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY
FLORIDA: THENCE N.01'03'04"E. A DISTANCE OF 1 093.27 FEET
ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO
KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19:
THENCE N.89'19'0.3"W. A DISTANCE OF .300.01 FEET: THENCE
N.Ol'03'04"E. A DISTANCE OF 1 00.00 FEET: THENCE
N.89"19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF
BEGINNING; THENCE N89"19'03"W. A DISTANCE OF 184.60;
THENCE N.01"22'22"E. A DISTANCE OF 100.01 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD;
THENCE S.89"19'03"E. A DISTANCE OF 184.60 FEET ALONG
SAID RIGHT OF WAY LINE ; THENCE LEAVING SAID RIGHT OF
WAY LINE S.01"22'22"W. A DISTANCE OF 100.01 FEET TO THE
paiN T OF BEGINNING.
EXHIBIT "A"
\
LEGAL DESCRIPTION
LUZ2003-08006
LOT 3 LESS THE EAST 200 FEET, S~VER PARK, AS RECORDED
IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA
EXHIBIT "B"
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Future Land Use Mop
Owner: South Gate Park, Incorporated Case: I L U Z 2003-08006
,
--- !
Properly !
Site: 2525 Druid Road Size(Acres): i 3.35
.-" I
I
Land Use Zoning i
PIN: I 18/29/16/00000/440/0410
rrom R/OG & RU o & C2(County) I 18/29/16/80353/000/0030
To: RLM MDR A I/as Page: I 299B
I
Ordinance No. 7105-03
J.!I I() ) '3
ORDINANCE NO. 7206-03
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 DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S.
HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041
IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD UPON
ANNEXATION INTO THE CITY OF CLEARWATER AS
PRESERVATION (P) AND BY REZONING CERTAIN PROPERTY
LOCATED ON THE SOUTH SIDE OF DRUID ROAD,
APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19,
CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE
POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM OFFICE
(0) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND
PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION .OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in 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
Land Use Cateqorv
See legal description attached
as Exhibit "A"
(LUZ2003-08006)
To: Preservation (P)
Section 2. The following described property in Clearwater, Florida, is hereby rezoned,
and the zoning atlas of the City is amended as follows:
Property
Land Use Cateqory
See legal description attached
as Exhibit "S"
(LUZ2003-08006)
From: Office (0)
To: Medium Density Residential (MDR) and
Preservation (P)
Section 3. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7205-03 by the Pinellas County Soard
Ordinance No. 7206-03
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 20, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall- i s
Assistant City Attorney
2
Ordinance No. 7206-03
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY
FLORIDA; THENCE N.01'03'04"E. A DISTANCE OF 1093.27 FEET
ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO
KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19;
THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE
N.01'03'04"E. A DISTANCE OF 100.00 FEET; THENCE
N.89'19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF
BEGINNING; THENCE N89'19'03"W. A DISTANCE OF 184.60;
THENCE N.01-22'22"E. A DISTANCE OF 1 00.01 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD;
THENCE S.89'19'03"E. A DISTANCE OF 184.60 FEET ALONG
SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF
WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE
POINT OF BEGINNING.
EXHIBIT "A"
\
LEGAL DESCRIPTION
LUZ2003-08006
LOT 3 LESS THE EAST 200 FEET, SEVER PARK, AS RECORDED
IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA
EXHIBIT "B"
.
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Zoning Map
Owner:
South Gate Park. Incorporated
Site:
From
To:
2525 Druid Road
Land Use
R/OG & RU
RLM
Case: I LUZ2003-08006
I
I
Property i
i 3,35
Size(AcresJ: i
I
!
i 18/29/16/00000/440/0410
PIN: I
I 18/29/16/80353/000/0030
I
Alias Page: I
I 299B
Ordinance NO. 7206-03
Zoning
,_.----------_.---
o & C2(County)
MDR
ITEM #
c ;J ) / /1
ORDINANCE NO. 7207-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND
AVENUE, APPROXIMATELY 700 FEET NORTH OF BELLEAIR
ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST
ONE-QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515
SOUTH HIGHLAND AVENUE, FROM RESIDENTIAUOFFICE
GENERAL TO COMMERCIAL GENERAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See attached legal description
Land Use CateQorv
From: Residential/Office General
(LUZ2003-08007)
To: Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption. subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. The
effective date of this plan amendment shall be: The date a final order is issued by the
Department of Community Affairs finding the amendment to be in compliance in accordance
with Chapter 1'63.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance with Chapter 163.3184, F.S.
PASSED ON FIRST READING
November 20, 2003
Ordinance No. 7207-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
, .-
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Lesiie' K. Dougal(-Side~
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7207-03
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future Land Use Map
Owner
Griffin International. Inc.
Site:
1515 South Highland Avenue
Zoning
From
To:
Land Use
R/OG
CG
o (City)
C (City)
Case:
LUZ2003-08007
1.16
PIN:
23/29/15/00000/340/0310
Atlas Page:
315A
Ordinance No.. 7207-03
ORDINANCE NO. 7208-03
//
(IJ1 J 2 J)
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF
SOUTH HIGHLAND AVENUE, APPROXIMATELY 700 FEET
NORTH OF BELLEAIR ROAD, CONSISTING OF A PORTION
OF THE SOUTHWEST ONE-QUARTER OF SECTION 23,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST
OFFICE ADDRESS IS 1515 SOUTH HIGHLAND AVENUE,
FROM OFFICE (0) TO COMMERCIAL (C); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached
(LUZ2003-08007)
Zoninq District
From: Office (0)
To: Commercial (C)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7207-03 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
November 20. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form ~
V'. ,./..,
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./ .!,. .:,. ('.. '., (( \ /.
.,.l. _; . ,o.l.. 1"''1', . ~ /t "..f - .~"'.'
Leslie K. Dougall-Sides \
Assistant City Attorney .1
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No 7208,03
/
DESCRIPTION
for LUZ2003-0B007
ZONE "0"
A PARCEL OF LAND IN THE SOUlHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DE SCRIBED
AS FOLLOWS:
COMMENCE AT THE NORlHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 23. TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND GO
N.89'07'57" W., 800.38 FEET ALONG THE CENTERLINE OF NURSERY ROAD:
THENCE LEAVING SAID CENTERLINE, S.00'21'40" E., 360.44 FEET TO THE
POINT OF BEGINNING; THENCE S.00'21'40"E., 192.53 FEET; THENCE S.89"40'43.W., 263.22
FEET; THENCE N.OO"19'17"W., 192.53 FEET; THENCE N.89'40'43'E., 263.09 FEET TO THE
POINT OF BE GINNING.
CpNTAINING 1.163 ACRES, MORE OR LESS.
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Surrounding Zoning Map
Owner
Griffin International. Inc.
Site:
ISIS South Highland Avenue
From
To:
Land Use
R/OG
CG
Zoning
OlCity)
C (City)
Case:
.
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23/29/15/00000/340/0310
Atlas Page:
315A
Ordinance No. 7208-03
C Ii J3 /6
ORDINANCE NO. 7231-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CLEARVVATER DOWNTOWN REDEVELOPMENT
PLAN PREVIOUSLY ADOPTED AND AMENDED BY ORDINANCE NO.
7153-03 IN ORDER TO AMEND CHAPTER 3 LAND USE
PLAN/REDEVELOPMENT PLAN REGARDING THE ATTRACTION
AND DEVELOPMENT OF A RETAIL/ENTERTAINMENT COMPLEX;
TO AMEND DOWNTOWN STRATEGIES, THE CAPITAL
IMPROVEMENT PLAN AND THE TAX INCREMENT REVENUE
PROJECTIONS SECTIONS OF CHAPTER 4 PLAN IMPLEMENTATION
ASSOCIATED WITH THE PLAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the
Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.5, to adopt
and enforce a specific plan for redevelopment in an urban center in accordance with the Central
Business District plan category, and said Section requires that a special area plan therefore be
approved by the local government; and
WHEREAS, the City Commission approved the 1995 Clearwater Downtown Redevelopment
Plan on August 17,1995 and the Downtown Periphery Plan update on April 19, 2001; and
WHEREAS, the City Commission approved the updated 2003 Clearwater Downtown
Redevelopment Plan on September 18, 2003 by adopting Ordinance No. 7153-03; and
WHEREAS, the requirements of Florida Statutes Section 163.360 regarding the adoption of
community redevelopment plans have been met regarding that portion of the amendments
proposed hereby which affect the Downtown Community Redevelopment Area, and the
requirements of Florida Statutes Section 163.346 regarding notice to taxing authorities and other
required notice, as well as all other requirements of Florida Statutes Chapter 163, have been met;
and
WHEREAS, the Pinellas County Board of County Commissioners reviewed the Plan
adopted by Ordinance No. 7153-03 on October 21, 2003 and recommended that certain
amendments to the Ordinance be made regarding the use of tax increment financing by the City of
Clearwater); and
WHEREAS, it is advisable to add certain provisions to the Plan regarding attraction and
development of a retail/entertainment complex, and to amend downtown strategies; and
WHEREAS, the Community Redevelopment Agency has reviewed the proposed
amendments and recommends them to the City Commission, and the amended Plan shall serve as
the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City
of Clearwater; and
WHEREAS, the proposed amendments were reviewed by the Community Development
Board, which is the land planning agency for the City of Clearwater for purposes of the Local
Government Comprehensive Planning and Land Development Regulation Act, and the Community
Ordinance No. 7231-03
Development Board found the proposed amendments to be consistent with the Comprehensive
Plan of the City of Clearwater; and
WHEREAS, Resolution No. 95-65 was adopted on August 8, 2002 which declared the area
generally east of the Redevelopment District as containing slum and blighted conditions and
detrimental to the sound growth of the area; and
WHEREAS, the proposed amendments conforms to the general plan of the City of
Clearwater as a whole; and
WHEREAS, the proposed amendments will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the rehabilitation or redevelopment of the Plan area by
private enterprise; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The amendments to the Clearwater Downtown Redevelopment Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. The City Manager or designee shall forward said amendments to any agency
required by law or rule to review or approve same.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval by the Pinellas County Board of County Commissioners and the Countywide Planning
Authority.
PASSED ON FIRST READING
November 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
X.I.. .y,fr~",/( .V.:
Leslie K. Dougall-side~)
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7231-03
EXHIBIT A
Or-dirumcc No. 7231-03
AMENBMENT I - CHAPTER 3 LAN)) VSE/REI>EVELOPMENT PLAN
GOALS, OIUECTIVES AND POLICIES SECTION
[nsert new Policy 23 on Page 53 of the Plan allll rellumber the remaining Policie.\'.
I)ulie\' 23: Thc Cit\' shall evaluate the need. size and 100;ation for a parking uaral2.c(s) to
Sllrll10rt cntcrtainmcnt. retail and/or restaurant uses. The Citv mav support the
development of' these uses throuuh the construction of a gara!.!.e, participation
in a public/private partnership to build a l2.anH!e or contributions to assist in
the construction of a uaral2.e.
AMENIlMENT 2 - CHAPTER 3 LAND USE/REI>EVELOI)MENT PLAN
nOWNTO\VN CHARACTER I>ISTIUCTS SECTION -
TOWN LAKE HUSINESS PAI~K DISTRICT
Amend Di.\'tric:t Visioll - Use Subsection Oil Page 72 of the Plall asfolloH's:
Usc
The Town Lake Business Park District is envisioncd to be a Downtown location for
office park devclopmcnt. The District should be rede\'cloped with corporate and
professional offices, as well as those conducting research and/or light assembly.
Incidental support commercial uses arc anticipated to serve the offices in the District.
l~idential redevdopment may be coRSidercd in limited locations-ateHg-Stfeeffi-BH+-a
tntnimulll of four acres of land is lI:;:~eml=>>eth Residential development or entertainmclJ!
with sUlJportilH! retail/restaurant lIses may bc considered ill limited locations along maior
streets and i I' an cntire block is assembled for the redevelopment proiect.
* * * *
AMI~NnMENT 3 - CHAPTER 4 I)LAN IM"LE~IENTA TION
1l0WNTOWN STRATEGIES SECTION
IIIsert IIew Str(Itegy 2() Oil page 146 (I.\' follomr; alltl rell"mber tile relliaillillg .\'trategies:
(tllis strategy is to be locatell a.\' a lieII' item withill tlie DowlltoWII Strategies (II1l1 before
tile hegim';,'g of DOIVlltOll'II Core Character District Strategies)
oJ.. * * ",.
Strategy 20: Market the Downtown as a location for a movie theater ami assist the
developer, as needed. inlhe acquisition and assembly or land I{)r either the
theater and/OI' parking facilities, and/or development of parking facilities to
support the use.
'" * '" >I<
Exhibit A - Ordinance No. 7231-03
AMENDMENT" - CHAPTER 4 I)LAN IMPLEMENTATION
DO\VNTOWN STRATEGIES SECTION
[IIsert new Strategy 2() ill Table 7 Sumlllary of Public Strlltegies Oil page 149 llllll
renumber tlte remailling strlltegies as follows: (This strategy is to be loclltell hefore tlte
beginlling l~r Dowlltown Core Chllracter District Strategies)
Tablc 7 Summary of Public Strategies
# Stratc!.!"
20 Movie Theater Markding
I Lead Department
Economic Development
Timing
Ongoing Stratel!.v
AMENDMENT 5 - CHAPTER 4 PLAN IMPLEMENTATION
CAPTIAL IMPROVEMENT PLAN (CII)) SECTION
Ament! Capital Improvement Pit", (CIP) Sectioll (illcludillg Tables 8 llml 9) startillg Oil
page 152 of the Plall asfol/ows:
CAPITAL IMPROVEMENT PLAN (CIP)
To implement the Downtown Plan, the City is committed to investing in the Downtown.
Below are a variety of significant Capital Improvement Projects, short- to long-term in
nature, addressing strcetscape. road improvements, public uses, utilities and parks (Map
12, page 157). The costs of projects idcntified range bctween $1 '1'1 million to $1'18
million $157 million to $161 million.
This Capital Improvcment Plan was bascd on several assumptions: the cost for cach
capital proiect is based on the best estimate available during dcvclopmcnt of this plan; all
costs urc shown 11l 2003 dollars: proiect scope and funding sources may vary as
determined during speciiic proicct bud!:!ct and planning phase: Penny for Pinellas funding
is assumed to be extended and will bc based on the City's priorities as determined at time
of extension. Rcvisions to the Downtown Canitallmprovclllcnt Plan mav be madc bv thc
City Commission during their annual budget nrocess and all chanccs shall be rcllccted in
the City's adopted Annual Operating and Capital Improvement Budget. All chanl!.cs
shall be consistent with the goals, objectives and nolicies of this Plan.
2
Exhibit A - Ordinance No. 723 I-OJ
C c"c opmcnt t'olccts
Projcct Namc FY Location Existing/Potential Cost
Funding Sourcc
Wayfinding Sign 2003/2004 S.R. 60 & Highland CD13G*. TIF**. $750.000
Package A venuc interscction Gencral Fund
directing traffic to
Downtown: Court &
Chestnut Stn:cts at their
intcrsections with
Missouri, Myrtle,
Osceola & Fort Harrison
A venues; Drew Street at
its intersection with
tvlissouri, Fort Harrison,
Osceola & tvlyrtle
A venues
Fort Harrison 2003/2004 The entire length of Fort FOOT*** $8.6M
A venue/Alternate Harrison A venue within
U.S. Highway 19 Clearwater
Resurfacing
Pump Station 2003/2004 South side of the west Watcr and Sewer $698,500
#16 end of Pierce Street Bond
Pump station # 12 2003/2004 900 North Osceola Water and Sewer $1 R6,000
A venue (in front of Bond
Clearwater Bay Marina).
Cleveland Street 2004 - Between Osceola and Penny for Pinellas, $3.7M
Streetscape 2006 Myrtle A venues TlF and Private
Intersection 2004/2005 Based on traffic study Gas Tax and $IM
Improvements after bridge opens Transportation
Impact Fees
Myrtle A venue 2004/2005 Myrtle A venue between Stormwater Utility $12M
Reconstruction North Fort Harrison TIF $lM
and A venue & Lakeview
Strectscapc Road (including
storm water outfall from
Town Lake to Clearwater
Harbor)
Station Square 2005/2006 The north side of Private and TIF $lM
Park Cleveland Street between
Redevelopment East & Garden Avenues
Clearwater 2004/2005 Turner Street to Oak Pinellas County, $I.2M
Bcach Connector A venue to beach (2,000 Penny for Pinellas, (includes
Spur (Pinellas feet within Downtown) CMAQ**** entire
Trail) project)
Rd
Table 8
P
/CIP
3
Exhibit A - Ordinance No. 7231-03
Tablc 8, cont'd
R d I t P . t ICIP
c cvc opmcn rOJcc S
Gulf to Bay 2004 - Gulf to Bay Boulevard & FOOT (for paving $ \.5M
Boulevard and 2006 Highland Avenue only), TIF and
Highland A venue Intersection COBG. Penny for
Gateway Pinel\as
Intersection
Improvement
Fort Harrison 2004 - Drew Street to Private. Pinel\as $3. n\'1
A venue 2006 Court/Chestnut Streets County. Grants and
Streetscape TIF
Glen Oaks Park 2004/2005 Immediately south of the Stormwater Utility, $4.3r\'1
Stormwater Downtown area at the SWFWrv1D
Retention intersection of Court
Facility Street & Betty Lane
Memorial 2004 - Chestnut Street to the FOOT, Grant ancl $500,000
Causeway Bridge 2006 east end of the Memorial Special
Landscaping Causeway Bridge Development Fund
Cleveland Street 2005 Between Fredrica & FOOT $870,000
and Gulf to Bay Highland A venues
Boulevard
Repaving
Cleveland Street 2005 Between Island Way & FOOT $960.000
& Memorial Fort Harrison A venue
Causeway
Repaving
Main Fire Station 2005/2006 Originally planned to Penny for Pinellas $4.6M
rebuild on existing site.
Currently reviewing
available property on the
S. Fort Harrison A venue
corridor between Court
Street & Lakeview Road
Osceola Avenue 2005 - East side of North Parking fund.. ami $+l-
Garage (+W- 2007 Osceola A venue between Private. TI F and ~5.5
1,000 ~ 375- Drew &-baum Cleveland Bonds -7.5M
500 spaces) Streets (in the area ~
***** A 1I.,f C' ,L t .t t'
o .. ..
Redevelopment 2005 - To be determined based Parking fund. $5.5 -
Garage ( app. 2010 on location of maioI' Private. TIF and 7.5M
375 - 500 entertainment and/or Bonds
spaces) (.....) l'cstau rantlreta i I
nroiect{s)
4
Exhibit A - Ordinance No. 7231-03
Tablc 8, cont'd
R d I t P . t leIP
C cvc op mcn rOJcc S
I Reuse of 200612007 Current site of Penny for Pinellas. THD
I Existing Main Downtown r-.'!ain Fire TIF and Grant
I Fire Station Station
I Coachman Park 2005 - Coachman Park - Park portion: $14.5M
I Redevelopment :WOX expanded to include the General Fund,
I ($7.5M) and 450 existing park site and the Private, Penny for
I C area on the south side of Pinellas and 'I'll::
! space Jarage
I ($7M) Cleveland Street
I Garage portion:
I
I Private, Parking
System and TIF
Downtown 200612007 Coachman Park on the Revenue Bond, $5M
Marina north and south sides of Private and TIF
the bridge
Pinellas Trail 2006/2007 East ^ venue between Grants and Penny $3 tv!
and East A venue Drew Street & Druid for Pinellas
widening Road
New City Hall 200612007 Vaeant site to the south Sale revenue from $13.5tvl
and associateJ of the MSB along Pierce existing site and
parking Street betwccn South Bonds
Myrtle & East A venues
Osceola ^ venue 2005 - Osceola between Drew & Private, Pinellas $3M
Streetscape 2010 Court County and '1'1 F
Cleveland Street 2007 - Bctween Highland & TlF, Private and $S.6M
and Gulf to Bay 2015 Myrtle Avenucs CDBG
Boulevard
Streetscape
Commercial 2010+ Per Master Streetscape TlF, Bond. Private :m.!-)
Streets "A" and Plan and Penny for $5M
""B" Pinellas
Court/Chestnut 2010+ Per Master Streetscapc TIF, Private, Bond :~ng
Beach Corridors Plan (from bridge to SR and Penny for $5M
Streetscape 60 & Highland A venue Pinellas
intersection
Beach to Bluff 2010+ Along the Memorial Federal Grant, $40M
Guideway Bridge between the Private, FOOT,
Downtown and the Federal Transit
Marina area of the Beach Authority
5
Exhibit ^ - Ordinance No. 7231-03
Table 8, cont'd
Redevclopmcnt Proiccts/CIP
New PST A 20 I 0+ Existing PST A Site at the PST A, Penny for
Multi-modal SW corner of Piercc Pinellas, Pinellas
transportation Strcct and Garden County, Parking
center A venue Fund, '1'1 F
* Coml1lunity Dcvelopmcnt Block Grant;
** Tax Incremcnt Financing;
*** Florida Department of Transportation;
** **Congcstion Mitigation and Air Quality Improvcmcnt~
***** Thc specific size of the two ,:!-arallCS will bc detcrmined at the time of proiect
planninl.!. bascd on redevelol1mcnt activity and intensities: the sizes of the two
llanll.!.es may vary from the sizes stat cd to accommodate the parkinl:!.dcmand UI1 to
a maximum of $15 million combined cost for the two garages.
+~Q
$ 3 IVI.
City
Share
6
Exhibit A - Ordinance No. 7231-03
Rd
P
Table 9
/CIP A
dt T
fP
c CYC OPUlent ro.Jccts rrangc )\' "pc () rOlcct
Pro.iect N~lUle FY Cost
Street Rellayine:/Rcsurfacing (total $23.43 JU)
Fort Harrison Avenue/Alt. U.S. Highway 19 Resurfacinl!. (Fj)()T) '" ~OOJ12004 $H.6I'vl
-
Mvrtle A venue Reconstruction'" and Strcetscal1c ~()O5 S I 2 LHvl
Cleveland Street and Gulf to Bay Boulevard Repaving (F[)()TJ '" ~()O5 I $870.000
Cleveland Street & Memorial Causeway Rcpavinl!. (Ff)()T) '" ~005 I $960.000
- I
I ntcrsection Improvements'" 2004/2005 $ I ~vl
Utilities ~lDd Infrastructure (total S 16.184"1- S2().184 AI)
Osceola Avenue (BO 1.000 375 - 500 spaces) 2005 - 2007 $.I--l-l~ 5.5
-7.5M
Redcydonment Garal!e (375 - SOO snaces) 2005 - "010 $5.5 - 7.5M
Pump Station #16* ~003/20{)4 S698.500
Pump Station # 12 '" 2003/2004 $1 X6.000
Glen Oaks Park Stormwater Retention Facility'" 2004/2005 $4.3M
Strectscape Impro"ements/L~lI1dscllfling (total S 3/. TSM **)
Wavlindinl!. Sil!.n Package 2003/2004 S750.000
Gulf to Bay Boulevard and Highland Avenue Gateway Intersection 2004 - 2006 $1.5M
Improvement
Fort Harrison A venue Strcetscape 2004 - 2006 $3.7M
Memorial Causeway Bridge Landscaping 2004 - 2006 $500.000
Cleveland Street Streetscape Fill/ding ami/able IIpon appro\'(/I o/revised 2004 - 2006 $3.7M
Penn)' (or Pinel/as list dllrin~ F)' 03/0-! BliC/~et approval process
Osceola A venue Streetscape 2005 - 2010 $3M
Cleveland Street and Gulf to Bay Boulevard Streetscape 2007 - 2015 $8.6M
Commercial Streets "A" and "13"* 2010+ :rBD*'l< $5!v1
Court/Chestnut Streets Beach Corridors Streetscapc'" 2010+ THD** $5M
Parks and Recreation F~'cilitics (total $24.7 "1)
Clearwater Beach Connector Spur (Pincllas Trail)* 2004/2005 $1.2M
(includes
entire project)
Coachman Park Redevelopment ($7.5M) and 450 space Garage ($7M) 2005 -2008 $14.5M
Downtown Marina 2006/2007 $SM
Station Square Park Redevelopment 2005/2006 $IM
Pinellas Trail and East A venue widening 2006/2007 $3M
I)uhlic Uses (total $61.1 M**i
Ncw Citv Hall and Associated Parking 2006/2007 $13.5M
Main Firc Station'" 2005/2006 $4.6M
Rellse of Existing Main Fire Station 2006/2007 THD'" '"
Bcach to Bluff Guideway 2010+ $40M
Ncw PST A Multi-modal transportation center 2010+ TBD**$3M
'"
**
Funding approved in adopted elP or awarded grail!
Tolal docs not include those projects the cosls of which are to be determined at a.tillure
elate
7
Exhibit A - Ordinance No. 7231-03
AMENDMENT 6 - CHAPTEn 4 PLAN IMPLEMENTATION
CAPTIAL IMPROVEMENT PLAN (CII)) SECTION
Amelld Capital Improvemellt Ph", (CIP) Sectioll, Capital Project Descriptiolls
subsectioll 011 Page J 62 by re,'isillg tile Osceola It veil lie Parkillg Garage llescriptioll
allil by illsertillg a project llescriptioll for Redevelopmellt Garage followillg tile Osceola
A velllle Parkillg garage as follows:
*****
Osceoh, Avenue Parkinl! Garal!e (+sO-WOO 375 - 500 spaces):
Due to the strategic location of this prime redevelopment site "Superblock", a
public/private partnership may cnable the construction of a major Downtown parking
garage to service the block's redevelopment potcntial, and thc redevelopmcnt activities
which might occur on the parcels lying west of Osceola Avenue. This parking garagc
will also provide additional parking for the new Main
Library, currently under construction
Redevelopment Gan'~e (375 - 500 spaces):
As maioI' redevelonment occurs, it is anticipated that one or more maioI' entertainment
and restaurant mixed lIse proiect(s) will be developed Downtown. Due to the hig,h
parking demand of these types of uses. this garage would be sited and constructed to
support the entcI1ainment activity. The spcci fic location of the IWragC will be determined
based on the location of the entertainment proiect(s) and will provide parking for it and
other planned/approved downtown redevelopment proiccts.
****
AMENDMENT 7 - CHAPTER 4 PLAN IMPLEMENTATION
TAX INCREMENT REVENUE PROJECTIONS SECTION
AIIlelld Tax IIIcremellt Reve,me Sectioll of Plall Oil page J 83. Tile 1lI1lemlmellts are
located prior to ti,e "Tax lllcremelll Revellue Projectimlsfor ti,e Origillal CRA
District" subsectioll of ti,e Plall allil are asfollows:
Tax Increment Revenue Projections
Based on this overview, it is evident that the eRA has the potential for developing
several million square feet of developmcnt over the next two decades, including the
attraction of up to 1,000 new urban housing units in the next five to ten years in the
downtown core which will act as a catalyst for a substantial amount of new officc use,
retail and entertainment establishments. If all of the projects described above are
realized, the increase in the tax roll could be upwards uf$390 million.
8
Exhibit A - Ordinance No. 7231-03
.
However. while opportunities are outstanding, it IS the intent of the CRA to proceed
forward cautiously with our TIF projections. The T1F projections arc calculated
separately lor the original CRA and the expanded CRA because the base years fl.)r the
properly valucs are differcnt.
The CRA envIsIons continuing to use both the Citv's and the County s share of Tax
Increment Financing dollars for capi tal projects 111 the original and expanded CRA. TIF
IS identilied as one of the funding sources for several capital and infrastructure
improvement projects outlined \11 the Capital Improvement Projects (CIP) section of this
plan. These projects include the Cleveland Street, Fort I larrison. and Gulf to Bay
Streetscapes and the Gul l' to Bay Boulevard and Highland A venue Gateway Intersection.
In addition. TIF will be used for paY\l1g impact Ices, "buying ., of public parking
\11 III
pri vatc projects. assembling redevelopment sites. purchasing land and/or buildings.
arfordable and transitional housing proiccts, and fac;ade improvement grants. Below IS a
sumnwrv of the prol!rams and initiatives that will use TI F as well as the est i mated costs
associated with each. The County's share of TIF shall only be used Il)r the capi tal
proiccts included \11 the table below. The Citv's share of TIF mav be used lor any
initiative listed in the table.
Summan' T~lhle of CH-A Prof!r:lnlS and Initi:lth'cs. Timinf!. ~md Estinulted Costs
. . . . . ..... ... . ':,' ; '.' . .:':/.:..: .... . .', . " , .; .',h:E;~'iri~~t~d'iC6s{'1:~~:-Z;
CRAPropra~ls'8nd:lniii~'tiv~";;>;;~" ..~.;>. .,\{ <: Timiol!:. '; .
...... .,..'.... \. .... . ,,-' ., h
CRA Arca Browntields Environmental Cleanup · Onl!oing $5.000.000
CRA Building Fa~adc Improvcmcnt Program. Ongoil1l!. S 1.000.000
Downlown \.and Acquisition · Onl!,ning. S:! I .000.000
CRA Rcdcvelopmcnt Inccntivc Funding Onl!,oinl!, $10.000,000
Stcin Mart Lcase Buvout 2004-2009 $5.000.000
eRA A ffordablc and Transitionall'lousing Proiccts. 0111;0 i nl!. $5,000,000
CRA Rcvolvinl! Loan Fund Ongoing $1.000,000
.Capil.ll proiccts and initiatives - County TIF shall onlv be uscd for these programs
CI{A Area Ih'ownfields Environmental Cleanup Proicets
Due to the limited availability of state and federal environmental cleanup funds, TIF
dollars will be r~ql1ired for environmental remediation for multiple proiects, particularl y
those that have a history of pctroleum contamination. A case 111 point IS the Clearwater
Auto SalVlll!C Yard that IS being acquired by the City. as well as a number of sites Iving
adiacent to the CGI (formerly IMRglobal) Campus west of Missouri.
Proicet Cost: $5.0 million
Time Frame: Ol1l!oing
9
Exhibit ^ - Ordinance No. 7231-03
eRA Buildinl.! F:ll;adc Imrll"o"cmcnt Prol.!,'am
This is an onl.win!! pro!!ram funded bv the eRA in L'Olll:ert with om IVlain Streel J>ro~ram.
The Fa<;adc Improvement Prol!ral11 provides grants and loans to eligihle busine&l2!1!l2.l:rty
owners and tenants who wish to lIpl!rade their extcrior buildinl.! raemks,
Proiect Cost: $1.0 million
Timc Framc: Onl!oing
I>owntown Land ACCluisition
t\ critical function of thc eRA is 10 asscmbkJ1ropert \' fvr resak and rl'tk\'e1opml:nt bv
thc privatc sector. The principal purposc of pl'llPcrt\' asscmbl\' is to assist in eliminating
the slum and blil-!,ht conditions that exist within thc eRA by facilitating private
redevelopmcnt of thesc under-pcrforminl.! sites. This prol!ram enables the eRA to
asscmble. purchasc and option property and structures within the eRA for redcvclopmcnt
purposcs consistcnt with this Plan.
Examplcs of propcrtv acquisitions anticipated by this pJ'Ol.!ram include but are not limited
to: acquiring propcl1y in the Town Lakc Busincss Park Character District to racilitate the
dcvelopmcnt or a suburban office campus; acquiring property in the East Gatewav
Character District to eliminate the problematic uses and/or contaminated sites. to improve
thc substandard housin!! conditions and to consolidate obsolescent and/or sites undersized
as compared to currcnt zoninl!, requirements 10 allow commcreial redevelopment:
acquiring propertv within the Downtown to assist in the development of a maioI'
cntcrtainmcnt attraction includinl! a movie theater. entertainmcnt. retail and/or restaurant
llses. Other propertv aCtluisitions that implement the !!oals. objectives and policies or this
Plan mav bc achievcd through the usc orthis eRA prol!ram.
Total Cost:
Time Frame:
$') 1.0 million
Onl!oing
CI~^ Rctlc\'clc)Illllcnt Incentive Funding
Ilistorically. the CRA has utilizcd TIF revenues to assist redevelopmcnt erforts in a
varicty of ways, such as: landscape and strectscapc improvemcnts. property acquisition.
construction of l1uhlic parking garages. payment of proiect permit and impact fees,
payment or proiect utility connection and stannwater fees, parkinl!, incentivcs to retain
downtown businesses. subsidy to the Jolley Trolley opcrations and the facade
improvcmcnt program.
Downtown redevclopment is generally considered to be more expensive and risky in an
unproven market than development in other areas of a city and especially when compared
to developmcnt in Qrecnticlds. This situation currently exists in Downtown Clearwater as
demonstratcd hy the lack of substantial new orivatc redevelopment with fcw exceptions.
10
Exhihit :\ - Ordinance No. 723 I-OJ
The lack or investment in Downtown has resulted in the poor cconomic health or
Dowl1town to which the Citv is resnondin\d. with this Plan. This pro!!.ram will provide
linancial incentives to dcvclopers to 011..et the hil!.h land. devclol1ment and construction
costs within the Downtown and to encoura1.!e investmcnt in DowntO\vn that will revitalize
the center city with people. cmployees. husinesses and activities. The tyPCS or incentives
contcmnlated In' this nro1.!ram include. but are not limited to: payment or proiect nermit
and imnact Ices: payment or prokd utilit\' connection and storm water fees: parking and
other linancial incenti ves to retain and attract downtown businesses: and contributions lor
parkin\.!. facilitics.
Total Cost:
Time Frame:
$10.0 million
Onl!oing
Stein Mart Le:lse BlI,'out
A kcy to thc successrul redcvelopmcnt of the downtown waterfront is the eventual
dcvelopmcnt of a maior retail/commercial/cntertainment/hote1 proicct at the site now
occupied by the Harborvicw Center.
To cffectuatc this rcdevelopment, it mav be necessary for the city to terminate its lease
with the 54.000 squarc foot Stein Mart del1artment store that is currentlv a tenant.
Total Cost: $5.0 million
Time Frame: 2004 - 2009
eRA Affordahle and Trallsitiomllllousine I)rnjccts
The dcvelopmcnt of onc or morc mixed-income housinl!. proiects within thc eRA has
been identified as a neccssarv stratcl!.v due to the need to retain arfordable housinl!.
options in this environment. Typically. the eRA would levenw.e its position in a public-
private partnership bv contributing funds to elTectume the lower income criteria in a new
proiect.
^ maior component of thc rehabilitation of the eRA EXJJ<1I1sion Area and the need for
affordable housinl!. is the redevelopmcnt of the Clearwater Homeless lntervcntion Proiect
(CHIP) site into a "transitional" and "permanent" housinl!. campus. The campus concept
for CHIP would entail assembling pronerty between Park Strect, the Stevenson Creek
channel, Evergreen Avenuc, and Cleveland Street into a self-contained and secl\l'e
campus.
TIF funding would be used to assist in the pl\l'chasc of propertics, whi Ie other state and
federal funds would be used for hotlsinl!. construction and operations.
II
Exhibit ^ - Ordinance No. 7231-03
.
Total Cost: $5.0 million
Time Frame: Ongoing
eRA Rc\'olvinu Loan Fund
^ kcv component of our future redevelopment 'strategv for the downtown is the
implemcntation of a public-private revolving loan program with local financial
institutions. Modeled aftcr successful nrogml11s in other cities, a ioint pool would be
established and loans provided for expanding businesses, buildinl! improvements,
relocation costs. etc. The CRA would provide seed capital to the nool. along with nrivate
capital from the banks.
Total Cost: $1.0 million
Time Frame: Ongoing
* * * *
.
.
12
Exhibit A - Ordinance No. 7231-03
.
:' Cleanvater
City Commission
Agenda Cover Memorandum
TrackinCl Number: 299
Actual Date: 12/04/2003
Subiect / Recommendation:
Appoint Hr. Frederick 1. Ziegler to the remainder of a two-year term, expiring in May 2004, as a
Trustee of the Clear\\later Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061
of the Florida State Statutes.
Summary:
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the
State of Florida from insurance companies doing business within the community. These monies
are required to be administered by a Board of Trustees whose composition must consist of two
legal residents of the City appointed by the City Commission; two City firefighters elected by the
firefighters; and a fifth member chosen by a majority of the other four members and submitted
to the City Commission for appointment. The Board of Trustees is solely responsible for
administration of the trust fund.
This vacant position is one of the two resident positions which are appointed by the City
Commission. Tile original member appointed to this term of the Board of Trustees, Mr. Myron L.
Ahrens, has resigned from the Board. His term was to run from June 2002 through May 2004.
tvlr. Frederick 1. Ziegler has agreed to accept appointment for the remainder of this term.
Hr. Ziegler is a Certified Public Accountant and member of both the American and Florida
Institutes of Certified Public Accountants.
Originat:.lD..ffi Fire and Rescue Department
Section Consent Aqenda
CgJ:~gory: Other
Fin:\nr.i:\llnfnrm:\tinn:
IYRe: Other
Bid Required? No
Bid Exceptions:
impractical to Bid
in Current _YeClLBud_geU
No
Bl!dget Adiustment:
No
Current Year Cost:
$0.00
OJ
r' ~-
/7
~ Clearwater
~.........-~....._,.
J:,~~~
Annual Operatino Cost:
$0.00
Total Cost:
$0.00
Re.Yiew AQQroval
Rowland Herald
Gi'lrrv BnJmhi'lr.k
C:vnrlip. GOlJclp.i'llJ
Rill Hnrnp.
City Commission
Agenda Cover Memorandum
11-10-2003
11-19-2003
11-20-2003
11-19-2003
15:10:51
13:03:24
10:17:30
16:12: 10
. - ....~., '~""._g..,,",,'<"""~,"~'~"" -". ."~ ....... ~', ...,..' .. ,. "U~_'" ~...."-" <'.0.."...__..._"......,-._....... ...,"_~.'.....".._,,~~........_.,~.....~_.... ,...~....~._..._.._~ _'p
.
//6' i /~
~ Cleanvater
C it Y Com m is s ion
Agenda Cover Memorandum
~~..:..-:~~~
'-'-"--'--._'~,-/'-.,;;..
Tracking Number: 260
Actual Date: 12/04/2003
Subiect / Recommendation:
Approve increase to the North Greenwood Branch Library project budget in the amount of
$10,235.06 to allow a final change order to Angle & Schmid, Inc. to be issued and payment
made.
Summary:
This increase in the project budget will allow the final change order with Angle & Schmid, Inc. to
be issued. The scolJe of this final change order includes additional sod in the retention pond
area, upgrade to 600 amp service, materials testing, and additional reinforcement for exterior
walls. .
Additional revenue from the Clearwater library Foundation's capital campaign for the North
Greenwood Branch Library will offset this increase in the project budget.
Oriqinatinq: Library
Section Consent Agenda
CateqQ[Y~ Construction Contracts - All
Departments other than Public Works
Originating
Finanr:iallnformation:
IY~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change order to existing contract.
In Current Year Budoet?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Increase to project budget.
Total Cost:
$10,235.06
ADJ2rooriatlons Code
Amount
Appropriations Comment
~ Cleanvater
-~
v~
City Commission
Agenda Cover Memorandum
315-93525
$10,235.06
Review Approval
Gilrv lnhnsnn
BrViln Ruff
10-21-2003 15:37:25
10-27-2003 11:30:53
11-10-2003 11:53:33
10-27-2003 11:06:56
10-28-2003 10:31:00
11-10-2003 13:30:59
Tinil Wilson
Bill Horne
Mir.hilp.1 Ouillen
Garrv Brumback
?(!:( /9
~ Clearwater
City Com mission
Agenda Cover Memorandum
\~, :~:::'..:::~3:':~:~:'..=:~~,.~:~~:. .
Trackinq Number: 286
Actual Date: 12/04/2003
Subi~ct / Recommendation:
APPROVE THREE-YEAR LEASE AGREEMENT WITH IOS CAPITAL IN THE AMOUNT OF $36,000
(ESTIMATED) FOR CANON IR3200 HIGH-SPEED COLOR COPIER IN ACCORDANCE WITH STATE
OF FLORIDA IT CONTRACT #250-000-03-01
Summary:
- The Graphic Communications Division of Public Communications provides over 50,000 color
copies for City departments each year.
- In 1999, the City of Clearwater approved the lease/purchase of a Xerox 5799 color copier. In
the last 12 months, Graphic Communications has spent $12,987.65 in repairs and supplies for
this copier, which has effectively outlived its productive usefulness as a high-volume color
reproduction machine.
- The new IR3200 copier will provide a significant enhancement in productivity (35 PPM versus 4
PPM), flexibility and reliability tllat is needed to maintain high standards of service for client
departments. It will also enable Graphic Communications to reduce the amount of "loss"
associated with color jobs going to outside vendors due to failures of the current equipment, or
the inability of current equipment to produce required jobs. This will increase the total number
of impressions produced, and decrease citywide expenditures for color copy services.
- There is one year left on the existing lease purchase. Leasing a new color copier early will
eliminate escalating repair and equipment costs associated with the current copier. At the end of
FY 2004, the existing copier will be sold. The additional cost of this lease will be offset by
savings in repair and equipment, as well as increased volume.
- The new copier is intended for use by internal departments and associated committees and
boards, and will be used solely to support these printing needs. It will not be used to compete
with local private printing companies.
Oriqinatinq: Public Communications
S_e!:tiol1 Consent Agenda
Ca.tggQ[Y"";' Agreements/Contracts - with cost
PuJ;llic. Hearing: No
Financial Information:
~ Debt - Lease
Bid ReqUired? No
Bid Exceptions:
Other Government Bid
Clearwater
City Com mission
." ". . . ....
:,::. ~.:~,.. ~:>~:2~-':::::::::'-:':.
Agenda Cover Memorandum
Other Contract?
Florida State IT Contract # 250-000-03-01
In Current Year Budget?
No
BqdgetAdj!J~tn:H~Dt~
No
Current Year Cost:
$8,000.00
Annual Ooeratinq Cost:
$12,000.00
Total Cost:
$36,000.00
~Q.RroRriations Code
010-09225-544100-519-000
09225-530300-519-000
Amount
$16,351.92
$19,648.08
8.P-p-roRriations Comment
Total value of three-year lease payments
Estimated value of three-year
maintenance contract
Review ApQ.(QY.Ql
DOlla Matthews
Bill Horne
11-20-2003 10:11:27
11-19-2003 09:56:22
11-19-2003 15:41 :01
11-14-2003 10:04:29
11-20-2003 14:24:13
11-20-2003 11 :22:22
Pam Akin
Garry Brumback
Tina Wilson
C.vncl ie GOllclea II
ITEM # 20
-0-
') / /)
fly ----(
~2o
~. Clearwater'
City Com mission
Agenda Cover Memorandum
1_1 ::::~~':':~:-~-::~:~~;:~::8 ;
Trackinq Number: 280
Actual Date: 12/04/2003
Subject / Recommendation:
Accept a 240 square foot sidewalk easement conveyed by First Church of Christ Scientist,
Clearwater, Florida, Inc. for $1.00 and other consideration over and across the south 40 feet of
the west six feet of Lot 5, Block 3. A. C. TURNERS 3RD ADDITION.
Summarv:
Sidewalks in the Harbor Oaks area are currently being repaired and replaced as necessary as
part of the City's 2003 sidewalk contract.
Two mature oaks growing between the curb and sidewalk on the east side of Bay Avenue just
north of its intersection with West Turner Street have uplifted and broken a portion of the
existing sidewalk.
The First Church of Christ Scientist has granted the City 6' X 40' easement over a portion of
church property that will allow reconstruction of the damaged sidewalk around the oak trees and
away from their trunks and root systems.
In consideration of the easement grant, construction crews will cut and relocate the existing
irrigation system to accomodate the new sidewalk and assure irrigation efficiency.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Cjtte..99....cY~ Agreements/Contracts - without cost
Number of electronic documents
attached:
PuJJ.lic. Hea rinq;., No
1
Financial Information:
Review AQPJ:.QY.al
Mir.hilf!1 Ouillf!n 10-31-2003 10:15:20
Cvndie Goudeau 11-20-2003 10:16:41
Bill Horne 11-19-2003 16:10:56
Laura Lioowski 11-12-2003 11:02:13
Garrv Brumbilck 11-19-2003 13: 12: 14
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater. FI. 34618-4748
RE: Parcel No. 16-29-15-92628-003,0050
I
SIDEWALK EASEMENT
I
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid,
the receipt of which is hereby acknowledged, and the benefits to be derived
therefrom,
First Church of Christ Scientist, Clearwater, Florida, Inc.,
a not-for-profit corporation
210 West Turner Street, Clearwater, FI. 33756-5213
(herein, "Grantor") does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein, "Grantee"),
an easement over, under and across the following described land lying and being
situate in the County of Pinellas, State of Florida, to wit:
The South forty feet (40') of the West six feet (6') of Lot 5, Block 3,
A. C. TURNER'S 3RD ADDITION, according to the map or plat
thereof as recorded in Plat Book H1, Page 53, public records of
Pinellas County, Florida.
This easement is granted for installation and maintenance of a public
sidewalk.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon such
sidewalk and to inspect and alter same from time to time.
Grantee covenants with Grantor that existing lawn irrigation system operational
within the easement premises as of the date of this conveyance shall be
relocated at Grantee expense at time of sidewalk installation. Effected system
elements will be reconnected to the irrigation system in a workmanlike manner to
insure equivalent or improved irrigation efficiency.
Page 2 - Sidewalk Easement
Grantor: First Church of Christ Scientist,
Clearwater, FI., Inc.
Grantee: City of Clearwater
Parcel: 16-29-15-92628-003-0050
Grantor warrants and covenants with Grantee that it is the owner of the fee
simple title to the herein described easement premises, that Grantor has full right
and lawful authority to grant and convey this easement to Grantee, and that
Grantee shall have quiet and peaceful possession, use and enjoyment of this
easement.
It is expressly understood that Grantor reserves unto itself all rights of ownership
of the easement premises not inconsistent with the easement rights granted
herein.
This easement is binding upon the Grantor, the Grantee, their successors and
assigns. The rights granted herein shall be perpetual and irrevocable and shall
run with the land. except by the written mutual agreement of both parties, or by
abandonment of the easement premises by Grantee.
IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to
be duly executed this day of . 2003.
Signed, sealed and delivered
in the presence of:
FIRST CHURCH OF CHRIST SCIENTIST,
CLEARWATER, FL., INC.
WITNESS signature
By:
Priscilla A. Brown,
Chairman of the Board
Print Witness Name
WITNESS signature
Print Witness Name
Page 3 - Acknowledgement
RE: Sidewalk Easement
Grantor: First Church of Christ Scientist,
Clearwater, FI., Inc.
Grantee: City of Clearwater
Parcel: 16-29-15-92628-003-0050
STATE OF FLORIDA
:55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2003 by Priscilla A. Brown, as Chairman of the Board of
First Church of Christ Scientist, Clearwater, Fl., Inc., a not-for-profit corporation,
whom. being duly authorized, executed the foregoing instrument on behalf of
said corporation, and who acknowledged the execution thereof to be her free act
and deed for the uses and purposes therein expressed.
My Commission Expires:
Notary Public - State of Florida
Type/Print Name
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
Scale 1" = 50'
t'.Jot A Survey
l
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ROGERS STREET
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C 6 'x40 J Sidewalk Easemen t
TURNER STREET
CITY or CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
S'x40' SIDEWALK EASEMENT
LOT 5, BLK 3 TURNERS 3rd.
Ii
-.. .. DOll. J ."
D. KING 10/JO/OJ
ocCllm IT .. ...,.
E. Barrett ITEM 280 SKETCH
ClCWOCI If . I. MI'
N/A 1 OF 1
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SUl'("~ [HQH[[lI
LOCATION MAP
6'x40' SIDEWALK
EASEMENT SITE
:g~
A
?
Scale ,"= 1000'
Not A Survey
PROJECT
SITE
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
__O\'[D 0,",
~ lj~o nh DOLO U I
ia.o / IIII I 0 Crb~l
" tj ELDRIDGE ST !
~: ~~I III/ I~~ M~E L--1 c=J
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JONES 05 ST
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~:3 ~ TURNER
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IIociO P.~ PINE PINE ST PINE ST
e 8; Cr 0 ~D~ fO" D I I [
~ i DRUID RO I W DRUID RD
III I DDD
JASMINE WAY JASMINE WAY
/ I~I I D 0 D
"'AGNOLIA DR
II I DD~D
LOTUS PATH ~ PATH
II I LJDD
JEFFORDS ST
I n~n 0...0 O.~D~D~n
...
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...... I'
D. KING
.... 10/30/03
-...
ITEIA 280 LOCATE
....' 1 OF" 1
oe.... IT
E. B.
6'x40' SIDEWALK EASEMENT
LOT 5, BLK 3 TURNERS 3rd.
Ill_IT N A
9JPU>l5IHC INc.<aR
jJ},( 3
2(
~' Clearwater C it Y Com m i s s ion
~ :-:::=::"';:;'::%~;~~8::' Age n d a C 0 v e r M e m 0 ran dum
~:..-'<:r"_"-'J"~r0
Tracking Number: 176 Actual Date: 12/04/2003
SJJQjectj Recommendation:
Approve change order No.4 and Final, decreasing Contract No. 00-0029-UT, 2000 Reclaimed
Utility Improvements, with A & L Underground, Inc. in the amount of $102,317.08 for a new
contract total of $5,428,786.07; ratify and confirm April 10, 2003 payment of invoice No. 14 to
A & L Underground, Inc., in the amount of $53,024.72,and authorize the appropriate officials to
execute same.
Sumnlar~
To process Change Order No.4 requires an increase in the budget for 02 Water & Sewer Bond
Construction Fund project 343-96687, Clwtr Harbor Force to'lains, which includes the budget
deficit created by payment no. 14.
The Commission approved Change Order #2 on 6/6/2002 (Item #37) increasing the contract to
$5,531,103.00.
Administrative Change Order #3, increasing the contract by $ 0.15, was approved by the City
Manager on 8/12/2002.
Change Order #4 and final decreases the contract by $102,317.08 for a new contract total of
$5,428,786.07. Contract line items are affected as follows:
Line Item
Previously
Approved
Increase/ Final
(Decrease) Amount
Charge Code
Force Mains $ 1,440,563.00 $ 12,270.93 $1,452,833.93 343-96687
Reclaimed Water 1,039,519.00 (65,005.25) 974,513.75 343-96749
Potable Water 818,960.00 (13,447.74) 805,512.26 343-96749
Gas 93,211.00 0.00 93,211.00 315-96374
Gas 313,000.00 (11,844.77) 301,155.23 348-92820
Drew/Union Reel (C/O#l) 803,000.00 (14,610.94) 788,389.06 343-96739
Directional Drill-Baymont
to Memorial Causeway
Bridge (C/O #2 & #3) 1,022,850.15 ( 9,679.31) 1,013,170.84 315-96693
Totals
$ 5,531,103.15 $(102,317.08) $5,428,786.07
C/O No.4 includes a budget overage of $9,395.53 that resulted from payment number 14 on
April 10, 2003. While the total payment of $53,024.72 was within the the purchase order limits,
there was insufficient budget available for the $37,995.94 charged to 343-96687.
Originating: Engineering
Section Consent Agenda
CQ,tM.Qa-;, Construction Contracts - Public Works
Originating
Public Hearing: No
~~f!:l.
v~
.' '.. .. i
City Com mission
Agenda Cover Memorandum
Finllnr.illllnfnrmlltinn:
IY..~ Capital Expenditure
Budqet Adiustment:
Yes
Budget Adiustment Comments:
A Fiscal Year 2004 first quarter amendment will transfer $12,270.93 of budget and 02 Water &
Sewer Bond Revenue from 343-96634, Sanitary Sewer Utility Relocation, to 343-96687,
Clearwater Harbor Forcer Mains, to fund the effects of this change order.
Aoorooriations Code
343-96687-563800-535-000
343-96749-563800-533-000
348-92820-563800-541-000
343-96739-563800-533-000
315-96693-563800-535-000
Review Aooroval
Michael Quillen
Tini'l Wilson
Garry Brumback
Georoe McKihhen
Cvndie Goudeau
Bill Horne
Amount
$12,270.93
$-78,452.99
$-11,844.77
$-14,610.94
$-9,679.31
Aporooriations Comment
08-26-2003 13:36:35
08-28-2003 08:48:32
09-12-2003 08:50:32
08-27-2003 08:41 :20
11-20-2003 10:14:51
11-19-2003 16:08:04
vX!15 1. 22.
~ Clearwater
- ... /'"'0.. ~ /"'0.. -'" /"'0.. :.
u ~ '-./ '-./ '-./ '--./ .~ i
~"':/ '-.../' "-/ '-=-' i
Appointment Worksheet
For C01111111551011 r-leetil1g 12/04/2003
Agenda Number: 2,061
Library Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of ClemwlIler
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: John Szabo, Librllry Director
MEMBERS: 7
CHAIRPERSON Judy Melges
MEETING DATES: 3rd Fri., 10:30 ilm
IV1EETING PLACE: Library Conference Room
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS None
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TEI~MS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Term Expires: 12/31/2007
Name
Jan Regulski
t1P-Rolntmerll D.Ql~ I\Uellct~n!;~Jig_<;..QIQ
04/03/2003 0 absences (finished term)
Bmumointment?
Yf!!=;
THE FOLLOWING NAMES ARE BEING SLJBMITIED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES
Name-Address Comments - Rela~Lf.~perlenc~,..fk..
Manoj Haresh Shewa Computer Info. Systems Instructor
675 S. Gulfview Blvd., #306, 33767
Patricia Bates Smith Retired Elementary School Teacher & Retail Sales
105 Sunburst Ct., 33755
.
;...~
) v ~~u
\' 'L _ .
.,
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARoM\N 31 ,,003
(must be Clearwater resident)
CITY CLE"I~ [;'~P;.\RTMF.NT
Name: MAN 03"
Home Address:
c.. 1- 5" S. GI \4 L r- v L t: vJ ~L \I D, U '" 1"\ 3 0 b
HA~r=SH
SHe\;olA
Office Address:
<<13 '5" So I.l L M I; 12 "\ oN ~ [) " \J (\J, T I 0 C
C. L f;.A lZ- W ~ i 6.. 12- I
~L.
Zip ~3~~t
I. A a. l3J 0
PI.-
Zip 33 + ':I- I
Telephone: "1 '2. T - 41.4 '2. - 01.3 b
How long a resident of Clearwater? 1 ~ ~(' it -<.s
Occupation:'Of'oo\p,",TG" l:,JrO. .s.VSlcI1\S r"'~T~~c..tG~ Employer: C:Ou\.~""otll AMF.~It~. IAl"f\pA T'ECH.
Telephone: t 1.1- - 53"L -, q ~ ~ r= ~t .. l.n.s-
Field of Education: Other Work Experience:
B.S. Cc.V'w\P\A\ el2- l:.-lCn\r.lGE-I2INCJ, (\1.511=)
e..~. co.....~\.\.Tfi.t l-"'t="~~~""ON S'{S"t1:M (\4~':)
H~~GL M~~~~~~~~T
1\\401\ IN ii,
If retired, former occupation: ..., Ie.
Community Activities: \t.IA!. MF.tv\i3~t2 c~
N~'tICNA~ HONCI2. 50c.l1~T~ (t-lICnH 5(,14001..'
\J
AN D
"~1. TH.;TiA j<APl'" A CSi. PF..lf. J"Hl\.~
c.c c..Lf: '" I; )
Other Interests: D~BA\N(", R.,:~~AR.C.""IN"'. ~"A\)'N~ ""'D T,zoQ"f:I.INln
Board Service (current and past):
N/A
Board Preference:
L 10 It.,~ Il '1 B NUt..J)
/ENV, nCN/t'11=.,v TAL ~f)"'.$tJK.l BL!':h~n
Be'AU.~IFI"A\'ON c..C''''''''ilE€''
~ OP';N TO A...';t A>lI\I..,otG"r:. BI1,.HLO.s
TO c:.oq,,~.,~ ~""~ ~OIL6<. r WA~ roJIJr A~AJUl~L~ To SGflvE
Additional Comments: (;INTI/.. N.}L~, 1)...11:
C'~~al.-l(.lrl=,z. K-="oP,....r.s. ;r: "'"'0...0 c..'ICG- 11" CI't>..'/2.T....NITj n,) 1~c::C'.IVIr- A vl.1LuAGle.
A5.H~.1 "10 rHI; C.IT'j c.~ c.1.~Al2.w4T'a.. ANO .tT~ Q.t.==~ 1!Jt;:Ni'~
Signed:
r~
Date:
1-3'-03
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
'-
BOARD QUESTIONNAIRE
...
1. What is your understanding of the board's duties and responsibilities?
The boa..'(d'~ du.tie.L. (:.""d 1eJPo.'S;6;h'e;j 'IS to n;A;"'I,,-;~ ptUih'..-e
"1el~ric..,s~:p bl!tw~.... C;h3"Y'\~ ~ c.1et<....-''-rl'..... c.~d
,
( ; I-j S c."ovf'~ '" ~" r.
Tnt b"..{d '(pp~~"r~ l\."'~ loo~~ o,~(' rS,SU(.'...{ rnC.r 0..((1 ;""'rol't-tO...1
to +""e 1,"'hl4.....u""'t''''t ~ C\t:j ()~ Cle..U-.lMW ".,,,,,,6 ;t's c~tij()W'\.s
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
'le..s;..
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
r. '-'c..vQ b Q.c.1f ~ rl}\.h""'\ ~ (ril'5""'{l ,) \t"l (c""r~t'(" e....~: n{t('t\W\j ~"" J
(l'.nt'.tt'(" 'L",~Qo("""I\t\~ S'j.!~c~, M1 '-1~L~ Y1l\.\.~d he ~ 1'VlC! Shlj
r.."d b CJc~cI 0 '1
oJ..jed"vc... dQ..tu....I~. r htNe Go'" (JllLt2.lI"",r ,..rtl"'....ho" lu d.t1'w'{..r
.,
00'\ d. ,'" <1-..",( hv :" C 1.$ p.-o5 Ta", oJ.:- l.\ t~(h" " ul cd I ~o,~',., ~ , ~
2 ~~. ~(A.V:"~ ...Jl16d Ce.J. Ain ;"shuJ-w -::r "'Nt' dt?vC!.top~ d j~
~pl(' Sk..t\l,1. x: a.v-n o..J...KJ C\... ~\ca'" \;.!. ~n"Y" """"J cQ.bc....f-1'v-.
4. Why do you want to serve on this Board?
As "- tler~"'(IN~h,y 't'l2."itL",!- V< +~e f"~t- 12 ~~I(.1 :c hC\.\Mi!
I, t.!ll.r"\ poc;i ~\lD~ a tij'J-p{\ h1 ~tZ a.(.t\~ ob i-hC2 bCG..'( d . 'I.
C&.'fe n~c..x -t\ole H~\lt~t'~ 0"," (..~ at Cle...v"",,""c"er . I ""'(.\\!- N
~~O.....i '~j -p,"I~t'.....'.J-)"" b~ ~D.1t-ic.~'p..J')O ;1"\ t\,f.' bc,....,c;t ~.'h6 u,,,l--r;b..J-c? pcsinlle':f
t\j.-l.oI(d.s ~~ o~ c..\e~'4\,J...rpy r..\(\(~ \~'1 '(ts;tii'V\~~
Name: Mtt...oj S ht'w"'-
Board Name:
-.
I .
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BdA~D~ 3 2002
(must be Clearwater resident)
Name: Y1 r~1 CA-A bA n=5 ...~(}1I""'-f(
Office Address:
I1I/A
Home Address:
/0__-1 ......SttN8Ll f2.s '/ ~-r
CdJit2k)fltbl< F/.. Zip 3375"S
I
Telephone: 7~ ~/ 44(, - 'l3tf4
How long a resident of ~Iearwater? ~ ~r5,
Occupation: .,q, J?T 71/J'/6' SA lC:S Employer: .. S T~iAJ /J1.!t.P r - fuAf.JUA- rte.
Field of Education: Other Work Experience:
.J3 ~. iN .GDLLCJiTlbN.(~~'~..~\~~)Cu:.QK.)~v..\b~ ~.(Y\t\~f\b6~ ~~
MiNoR .:sT~Dlt~ )IS t:lV6-tIS/-f \~Ak)~ b~1::!. ,STbI2~ ~&r:;AK'l~')A.-n;;;e
=I 30UA l.. ....) ,U;J) I ES Su:r&~ U I ~ 0 R. ~~ t:\..CG TI~;tY.;..S~uEMt.ffbwol~
If retired, former occupation:J~.LE-.M,fftJT~'R~ S'U-\COL- Tf-~(l.l..f.Q.....4 Rf/~IL SALf.~
Community k~W~M.o~TOtJ '\\~~T {!osp,,./d.....;ol.l,.\..tJ'n:::&.12i\U:ToR. ~~ \\U.COJ.E
~-~e, ~8(.,t;. t:\OR.~O:D A.sSc,.,J. r~}~ }..)P?' ~~'I~~ L'18RAR~ 'Aerl LIt:. ~lf~
Other Interests:_K6.~\)\ ~b Ct>t\\..I\\...\.>...TV\\~ ~~-r~_t. \Q ",\,)fL
, \
Board Service (current and past): Board Preference:
J,...., 6QR R...rA~v \ ~ORr=-SOAR:b
Zip
Telephone:
Additional Comments:_~\l~ 13~0 M \tJSTf'U.Lc.rb~ \:'DQ.. fLD~R..~()S\t:.L
PIT EGl<.r-=-R:P(bo, LLG.66 -h &~ ~JJ.M\\ f:l\'''; iT Y
Signed:~~~cc:it..J~ Date: !<J.-tJ3-t>.;{.,
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?
T~,-s \~~p A'nvlso~ :BnA.RD l~)H.\CH. l)~AL5 t.~)),..-{.{
~D\-\~~ ~(~ ~ ~~, rJ6.. T \-1..& (0.pf-fV TI 0105 (}t.Ut) ~Rb 6-Rt\1'v\S
(t)\: T~ L\BRf\Ru 6~51~M AWl) &::H::'r-~'(Qs Auv lGt;;, TD
\ \ .
,~ L\~A~\ D, 'O~G IDQ ~lYD CCt1'M:M..t$~ 16x.J I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
"lr:~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
J I "T\\, r-. l)f('R~~ I tl'"t>\.Ce.A.. , bN &-I~A\)E: ~T=I~
Jh\}\lL.i c:{ C~\\...-nf3~ OL~ k\,~RA-\\)...QE:. ~ h\eRARtJ $JGVc.f::.
~ ; ~
. \J -' \ f\ S 1M. D' - ~ ~A.) . k..
~:Q ~ ~r;p-~:r~~0~:~ 4-~~A~_ ~=
\ ~ ~ .t\.f,.j 'A,th ~ ~c ~ \:) 1S-t'2 !
4. Why do you want to serve on this Board?
.sE~\)J~~ 0Su T~S'~o~RO l\~r~A.l..::S ~ '"BE:CA~
~:~~; ~:-:\:~-:,~:~~:~';:Q ~~
-L11t:!: ~~ I ~"C) \rE(~_~~mJ,\~ 10
. .1)b, . ~ 6:\j T~, \ ~.f.E:.L \ -\-\~0~ A \...0 T
Tv 6~f:'6.R.,
Name::PftT~M &.rt:s ~...:nl. Board Name: ("" BRA~lJ)/I:5b/(!"1
C~/(lS~ 23
~ Clearwater
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Appointment Worksheet
For Commission Meeting 12/04/2003
Agenda Number: 2,061
Enterprise Zone Development Agency
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT Categories
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Diane Hufford - Economic Development
NEMBERS: 9
CHAIRPERSON John Connelly - Resigned
f\'lEETING DATES: As called
MEETING PLACE: Varies
APPTS. NEEDED: 2
SPECIAL QUALIFICATIONS 1 Business operating within area
1 Local Private Industry Council
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.
Term Expires: 07/31/2005 -' ['.1 -./,,{ .. i" '/
Name
(. "1 (;.r 1;" ~,= ".: .
L...~ _~.I'... f /. I ~' ,\'~ i ~::' ~~.. ,'....... . ;' /
Appointment Date Attendance Record
Reappointment?
VACANT Seat (Business oper
VACANT Seat (Local Private In
THF. FOLLOWING NAMES ARE BEING SlIBMIITED FOR C.ONSIDERATION TO FILL THE ABOVE VAC.ANCIES
Name-Address Comments - Related EXRerience. Etc.
Paul Brian Schuh (Business opera Small Business Owner
2288 Wilshire Drive, Dunedin, FL 34698
Kristin Griffin (Local Private Indust Contracts & Planning Manager
11401 94th St., Largo, FL 33773
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: P ^ ().L BIZI ArJ SLH (A H
Home Address: Office Address:
?-?-CZg }/J1L-Srfll1..E. DIZII/E... /3b7 PAIZK ST/2..e.E../
OlAiJE-DIf'J I FL- Zip '34-tqg ()..-E.A 12. rvItTF-(}... Zip ';)75b
Telephone: (7?-,) 7(':r)- Olq~ Tel.eohone:(7J..r) l.f4{-O('bq
~ H~Vt:. L.1\fE.O n€.P.E. '5'JVct:.. ''t7'L
How long a resident of Clearwater? Ov.R... UMfJ/\tJy 11M t;UJJ HfJU.. ~,rJu;. 145"7,
Occupation: ~~ltl-L f!JUS(N/i....~S OvN€.f.. Employer: &€.tJlE.. "I=- CUij11Z~t+TfiI-
Field of Education:
(V\A ~"f..TI rvCr 0 (:.-C:rf!fz.E..'" F Sf).
; fJTt.rl.JJAfI orJA l- 6('1<-"tJ6..s~ - FSt.A
Other Work Experience:
1. H A 'IE.. ~EJ~rJ WITH CrEfJ(f- OF
C Ltz.. A /Z.:wn T E./2... 5 I tJ Gf... G-- fZA fJ (Jd4 TI rJ Cr-
FlZofY'\ PLfl{l...(OA ~TItTIi. 1111 /qq1.
If retired, former occupation:
Community Activities: VOL-v.rJT€.[1L Fait Sr:..vtiu,l.- fu.rJO ({AISc::.fZS / (HAf..fTY
E.. IENfS. !J{iI6-H fuftH ooD ().f../Jf(G..SliWTfmVF- FOIZ C H. ,.P.
Other Interes~s: KA 'fA Kt IJG- 1 Tf1-A VEl- J SPa (1...1"""(,
Board Service (current and past):
tJ/A
Board Preference:
([. rJtf-/2P/l../ S E. ""2-0 tJ E.
DE:vwPmENT 80AfZD
Additional Comments:
Signed: ~~___ ~~ J1L
Date: II/I % 3
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
, .
_t'
"'
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
CD 5 P f(.fi..A 0 T H ( fIV 0 f.. 0 iH A r (. Lfi.1t ftllJf+ T Ii.. (J... / S It-
<:r(JJiJtT fLAc.[. To HA\Jt;.. A 5u..S/NtEsS
6) ]MPlZoVri- rl1tL LOOf( o~ Tr~f: r:-tJTEI2..{JR.ISr:.. lONf-.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
::r HAvE ATTUJDE.O SF-Vfi.l<AL. cD8 ArJrJ COmMISSIoN
M ILE:ll rJ&S.
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
1. AM \l1u.. fJP'fi..SIOF-.tJr of Tl\/iJ C/J/Zfr;f<ATlofJS, .
vJf.- HAl/€.. 6E-€..fV fJPtP-..T" of litIS cDf\'\fi'\wJrr1 51~J0E iQS7.
L Hf,V~ A \/LST~D ItJTEIL.E..Sr I IV rHk (W\J')~..oV€.MtE.NI
OF- TIi IS AfZrLA.
4. Why do you want to serve on this Board?
::r wl+tJT To 8ft.. IfJVOLVf!...O If\) IMP/ZOV"JCr
Do vJrJTO 'I';l\! CL.F,;JrfZ'v./PtT€..12-..
Name: PA U L 81<../lttJ SCHU 11
Board Name: E..rJT€.R.(J(<../SE. 20M€.. DEv€,u:;(/fV1li..Alf 60 ItI<iJ
RECEIVED
~DV 0 7 200l
Office Address:
~.<::-.JS I~~ .4. }fl, AJ. Sr), ..r..-qCb
Zip~,,",-=r1) .Q}f(JIJ b }utL Zip:\.""\~)
Telephone~'~ (DY~ Telephone: ~('i-:t'Lf~ o'X::(bLf
How long a resident of Clearwater? N lA
occupation:CQt)fTnc ls..l:..f>bnn'~~~v Employer:l ~~ r)e 'L~rP J~'J
Field of Education: Other Work Experience:
~~~ N ~L')b),(~ ffimlt'IS:ft1 Jr,~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARlEJry cu. 01"
(must be Clearwater resident) .
Name:_fv 1St I ~ ('){' \ ~.c 0
Home Address:
1\ l1IJ! q~ffiS-t. L-<<'g)
1:. SJe ~ .
If retired, former occupation:-Al0
Community ActiVities:~,~ -z.t'~. ~~ ~rn.bPr - ,-~'t.J?e.1f".)bl \~
.\ f\ \JO l \Y~ I r) a uJ1:QJ Jc-:\ Ct1..Jn0 u Xr \:. ere ~. ~) ('{l1t(1(\ j'
Other Interests:
Board Service (current and past):
~
Board Preference:
_EnJerfY'&> ~,
Additional Comments:
Signed:~.&~~
\
Date:
/I )Y)D~
I
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?
At ~.\,('f'I\Se UYV IS 0 C(f~1(; 6rtC ~rfhJ
~-f>('N'(f'f\,i ~M, 'trkJjdcf'd \~ ~S~'S.\ b.~
~('e(,(YL)ro61~ ~l"lfu~ lr\~r)4 lnb 4e-"~1 Qfea;j,
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
~.~
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Ccfl~"Cd illo()nJ~ mtJnc6<?r' R:r c...'}rL[)d
4)trP L)qS - ~ rfgl(10~ (Ayrt.R:Y-reJ t'Y1(('d
4. Why do you want to serve on this Board?
In rY"~{'4rl
clqJJl ClJ 1, l~\
()('\()') b Ire
Serul{I<~
n ~U(Y -eJ f- --e J I r." rl1 'e..
fA)! 4'\/t') w-e.. C!./~ .
Name:hL~~~ Orl~(\'
Board Name: br\~'1Y'L~ 2t'!rrP
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~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
~S~~~~
..;:F',,-"-";::'~~.....
Trackino Number: 259
Actual Date: 11/06/2003
Subiect / Recommendation:
ADOPT RESOLUTION 03-41, APPROVING THE TRANSFER OF VERIZON MEDIA VENTURES INC.
CABLE TELEVISION FRANCHISE TO KNOLOGY OF FLORIDA BROADBAND, INC. AND AUTHORIZE
THE APPROPRIATE OFFICIALS TO EXECUTE SAME.
Summary:
- On June 20, 1996, the City of Clearwater adopted Ordinance 6046-96, granting a cable
frinachise to GTE Media Ventures, Inc., a wholly owned subsidiary of GTE Corporation. The
ordinance granted the use of the City of Clearwater rights-of-way for a term of ten (10) years.
- On April 6, 2000, the City of Clearwater adopted recolution 00-13, granting a transfer of
control of the cable television franchise from GTE Media Ventures, Inc., to Verizon Media
Ventures, Inc. as part of the GTE Corporation - Bell Atlantic Corporation merger.
- On July 22, 2003, Verizon Media Ventures submitted to the City of Clearwater FCC Form 394, a
request to transfer control of the cable television franchise to Knology of Florida Broadband, Inc.
Under the associated purchase agreement, Knology will assume control of the franchise and all
associated assets within the City of Clearwater.
- Knology New Media, Inc. is an integrated service provider, offering cable television, high-speed
Internet, and local telephone service through a single connection. The company has assets
primarily in the Southeast - Alabama, Georgia, Tennessee, South Carolina and Florida. The
closest existing franchise is located in Panama City, Florida.
- City staff from Public Communications, Legal and Internal Audit have reviewed documentation
related to the transfer, and Public Communications staff have visited Knology's headquarters to
speak with company leaders and inspect the company's infrastructure. Knology has assured staff
that the company will comply with all provisions of the cable television franchise agreement as
adopted in Ordinance 6046-96.
- The asset purchase agreement and applicable FCC application documentation are available for
review in the Official Records and Legislative Services Department.
Qrlg!D_alln.g.:. Public COlllmunications
Se~tion Other items on City Manager Reports
Cateqory: Other
P.ublic Hearing ;No
Finnnr.inllnrormntion:
URe: Other
BicLBgguired? No
./
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,~/J
~ Clearwater i
C ;-~.:::---'~./;:~-~--: 1
..:/'~~.~. I
C it Y Com m is s ion
Agenda Cover Memorandum
Bid Exceotions:
Other
Other Contract?
Not a purchase agreement or authorization
Review Ap..Qroval
Doua Matthews
10-15-2003
C:vnrlip. GOllrlP.i'lll
10-15-2003
Bill Horne
10-15-2003
Pam Akin
10-15-2003
Gnrrv Brllmhi'lc:k
10-15-2003
10:30:53
10:34:17
14:57: 14
08:25:30
11 :00:24
. ,,/
f(! 1 ;2 j
RESOLUTION NO. 03-41
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE TRANSFER OF
VERIZON MEDIA VENTURES INC. CABLE
TELEVISION FRANCHISE TO KNOLOGY OF
FLORIDA BROADBAND, INC.; AUTHORIZING
EXECUTION OF THE TRANSFER AGREEMENT
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 6046-96, adopted June 20, 1996, the
City of Clearwater approved a cable franchise agreement with GTE Media
Ventures Incorporated, a wholly-owned subsidiary of GTE Corporation; and
WHEREAS, on April 6, 2000, the City of Clearwater adopted Resolution
No. 00-13, approving the proposed GTE Corporation-Bell Atlantic Corporation
merger; granting a change or transfer in control of the GTE Media Ventures cable
franchise to Verizon Media Ventures Inc.; and
WHEREAS, Verizon Media Ventures Inc. ("Franchisee"), owns, operates,
and maintains a cable television system (the "System") in the City of Clearwater
(the "City"), pursuant to a cable television franchise agreement (the "Franchise");
and
WHEREAS, Franchisee, and Knology New Media, Inc., ("Buyer") are
parties to an Asset Purchase Agreement (the "Agreement"), pursuant to which
the Franchise will be transferred (the "Transfer") from Franchisee to the Assignee
of the Buyer, Knology of Florida Broadband, Inc. (the "Transferee") at the
consummation of the transaction contemplated by the Agreement (the "Closing");
and
WHEREAS, Franchisee and Transferee have requested consent by the
City to the Transfer in accordance with the requirements of the Franchise and
have filed an FCC Form 394 with the City; and
WHEREAS, in accordance with Section 14(b) of the cable franchise
ordinance, Verizon Media Ventures is requesting approval of the change or
transfer in control of the company; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City hereby consents to and approves, subject to applicable law,
the assignment by Franchisee of its right, title and interest in the Franchise to
Transferee, and the assumption by Transferee of the obligations of Franchisee
under the Franchise from and after the Closing.
Resolution 03-41
Section 2. The City releases Verizon, effective upon the Closing, from all
obligations and liabilities under the Franchise that accrue on and after the
Closing date, except for suits, actions or claims made on or after the Closing date
that result from an act or omission by Verizon prior to the Closing date; provided
that Transferee shall be responsible for any obligations and liabilities under the
Franchise that accrue on and after the Closing date.
Section 3. The City Commission hereby authorizes execution of the Transfer
Agreement attached hereto as Exhibit A.
Section 4. This resolution shall be deemed effective for purposes of the Transfer
upon the Closing of the Transfer.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 03-41
November 25, 2003No't'ember 20, 20G3
Page 1
TRANSFER AGREEMENT
THIS AGREEMENT is made this _ day of
,2003, by and between:
A. City of Clearwater ("CITY");
B. Verizon Media Ventures Inc. a Delaware corporation, hereinafter referred to as
VERIZON; and
C. Knology Inc., a Delaware corporation, hereinafter referred to as KNOLOGY INC.
D. Knology Broadband of Florida, Inc. a Delaware corporation. hereinafter referred
to as KNOLOGY; and
E. Knology New Media, Inc. a Delaware corporation and wholly owned subsidiary of
Knology Inc., hereinafter referred to as KNOLOGY NEW MEDIA.
F. KNOLOGY AND KNOLOGY NEW MEDIA etc. may be referred to jointly herein as
"COMPANIES".
RECITALS
WHEREAS, VERIZON currently holds a cable franchise (the "FRANCHISE") from the
CITY subject to the GTE Media Ventures Cable Franchise Ordinance, CITY Ordinance
No. 6046-96. ("FRANCHISE AGREEMENT"), as modified and becoming a part thereof, by
stipulations attendant to a nominal change in control, from GTE Media Ventures
Incorporated and Bell Atlantic Corporation in Resolution No. 00-13, all of which
documents, as any of them may lawfully be or may have been amended from time to
time, are collectively referred to as the "FRANCHISE DOCUMENTS"; and
WHEREAS, by action of its Board Directors and stockholder, effective June 23,
2000, GTE Media Ventures Incorporated changed its name to Verizon Media Ventures
Inc. ("VERIZON") and has provided cable television service to subscribers in the CITY ;
and
WHEREAS, pursuant to an Asset Purchase Agreement dated July 15, 2003
("Asset Purchase Agreement"), KNOLOGY NEW MEDIA will acquire the franchise currently
held by VERIZON and the cable system serving the CITY ("SYSTEM") both of which will
then be assigned to KNOLOGY (the "PROPOSED TRANSACTION"); and
WHEREAS, the FRANCHISE AGREEMENT Section 14(A) provides that the prior
approval of the CITY is required for the PROPOSED TRANSACTION; and
WHEREAS, VERIZON and THE COMPANIES filed an FCC Form 394 with the CITY and
requested that the CITY approve the PROPOSED TRANSACTION (the "TRANSFER
APPLICATION"); and
November 25. 2003November 20,2003
Page 2
WHEREAS, KNOLOGY agrees to provide a guarantee, in the attached form, from
KNOLOGY INC. guaranteeing performance by KNOLOGY of all of KNOLOGY'S obligations
under the FRANCHISE DOCUMENTS and this Transfer Agreement; and
WHEREAS, THE COMPANIES have agreed to comply with the FRANCHISE DOCUMENTS
and applicable law from and after the completion of the PROPOSED TRANSACTION; and
WHEREAS, relying on VERIZON, and THE COMPANIES' respective representations,
the CITY is willing to grant its consent to the PROPOSED TRANSACTION, subject to the
terms and conditions set forth herein.
Now, THEREFORE, in consideration for the CITY's consent to the PROPOSED
TRANSACTION, and subject to the terms and conditions of this Agreement and of the
CITY's Resolution consenting to the PROPOSED TRANSACTION ("TRANSFER RESOLUTION"),
THE PARTIES DO HEREBY AGREE as follows:
Section 1. DEFINITION For purposes of this Agreement, "FRANCHISEE" shall
mean VERIZON prior to the closing of the PROPOSED TRANSACTION, and KNOLOGY on and
after that date.
Section 2. TRANSFER OF FRANCHISE
2.1 The foregoing recitals are true and correct and are incorporated herein by
reference.
2.2 The CITY has consented through the TRANSFER RESOLUTION to the
PROPOSED TRANSACTION as specified in the TRANSFER APPLICATION, in consideration for
the promises and performances of VERIZON and THE COMPANIES as expressed in this
Transfer Agreement.
Section 3. ACCEPTANCE OF FRANCHISE OBLIGATIONS
3.1 KNOLOGY hereby accepts, acknowledges, and agrees that, after the
PROPOSED TRANSACTION, KNOLOGY will be bound by all the commitments, duties, and
obligations, present, continuing and future, of the FRANCHISEE embodied in the
FRANCHISE DOCUMENTS, and that the PROPOSED TRANSACTION will have no effect on these
obligations.
3.2 VERIZON and the COMPANIES agree that neither the PROPOSED TRANSACTION
nor the CITY's approval of the PROPOSED TRANSACTION shall in any respect relieve the
FRANCHISEE or any of its successors in interest of responsibility for its past acts or
omissions, known or unknown. VERIZON hereby agrees that, except to the extent
otherwise covered by separate agreements, it shall be liable for its past acts and
omissions, known and unknown, including liability for any and all previously accrued but
November 25, 2003November 20,2003
Page 3
unfulfilled obligations to the CITY, under the FRANCHISE DOCUMENTS and applicable law,
for all purposes, including but not limited to review of past performance. KNOLOGY
agrees that, for purposes of determining whether its FRANCHISE should be renewed, all
acts and omissions of FRANCHISEE occurring prior to this Agreement will be deemed to
be those of KNOLOGY. The PROPOSED TRANSACTION shall not restrict or expand the rights
of the COMPANIES under or related to the FRANCHISE DOCUMENTS as compared to those
that could have been exercised by the FRANCHISEE prior to the PROPOSED TRANSACTION.
3.3 VERIZON shall ensure that all records pertaining to the FRANCHISE, including
financial records, shall continue to be available after the PROPOSED TRANSACTION in the
same way and to the same extent such information was available prior to the PROPOSED
TRANSACTION. KNOLOGY shall ensure that all records pertaining to the FRANCHISE in its
possession, shall continue to be available after the PROPOSED TRANSACTION in the same
way and to the same extent such information was available prior to the PROPOSED
TRANSACTION.
3.4 KNOLOGY represents and warrants that it has and will have complete and
actual working control over the system.
3.5 KNOLOGY shall execute and submit to the CITY an Acceptance of
Franchise by KNOLOGY in substantially the form attached hereto as Exhibit B.
3.6 KNOLOGY agrees to provide a guarantee from Knology, Inc. and KNOLOGY
NEW MEDIA in the form specified in Exhibit A, which is acceptable to the CITY,
guaranteeing performance by KNOLOGY of all of KNOLOGY'S obligations under the
FRANCHISE DOCUMENTS and this Transfer Agreement. The signed guarantees must be
provided on or before the closing of the PROPOSED TRANSACTION.
3.7 VERIZON and the COMPANIES agree that, from and after the consummation
of the PROPOSED TRANSACTION it shall comply with all of the terms and conditions set
forth in this Transfer Agreement. VERIZON agrees that it will not take any action, without
cause, that prevents KNOLOGY from complying with its obligations under the Franchise
Documents or this Agreement. VERIZON agrees that it will provide the CITY 20 days
prior notice of any action taken by VERIZON which may reasonably result in an
interruption or degradation of service to KNOLOGY subscribers on account of a failure by
KNOLOGY to meet an obligation under any agreement between KNOLOGY and VERIZON.
Section 4. RESERVATION OF RIGHTS
4.1 The CITY reserves all rights not expressly granted in this Transfer
Agreement, including without limitation those specified below.
4.2 The CITY waives none of its rights with respect to the FRANCHISEE', the
COMPANIES' or VERIZON'S compliance with the requirements set forth in the FRANCHISE
November 25. 2003~o\'ember 20, 2003
Page 4
DOCUMENTS. At no time will the COMPANIES contend, either directly or indirectly, that the
CITY is barred, by reason of the PROPOSED TRANSACTION, from considering, or raising
claims based on, any defaults of KNOLOGY or VERIZON, any failure by KNOLOGY or
VERIZON to provide reasonable service in light of the community's needs, or any failure
by KNOLOGY or VERIZON to comply with the terms and conditions of the FRANCHISE
DOCUMENTS or with applicable law. The CITY approval of the PROPOSED TRANSACTION
shall in no way be deemed a representation by the CITY that the FRANCHISEE is in
compliance with all of its obligations under the FRANCHISE DOCUMENTS.
4.3 Neither this Transfer Agreement, nor any other action or omission by the
CITY at or before the execution of this Transfer Agreement, shall be construed to grant
the CITY's consent to any future transfer of the FRANCHISE and/or the System, and/or
any future change in ownership and/or control of the FRANCHISE and/or the System, or to
mean that the CITY's consent to any future transaction is not required.
4.4 Any consent given by the CITY to the PROPOSED TRANSACTION is made
without prejudice to, or waiver of, the CITY's right to investigate and take into account
any lawful considerations during any future FRANCHISE renewal or transfer process.
4.5 This Transfer Agreement does not affect and shall not be construed to
affect the rights and authority of the CITY to regulate or authorize, by ordinance, license
or otherwise, use of the public rights-of-way for purposes other than for cable service.
Section 5. REPRESENTATIONS AND WARRANTIES
5.1 VERIZON and each of the COMPANIES hereby represents and warrants that
at the time of the execution of this Agreement: (a) it is a corporation or partnership duly
organized, validly existing and in good standing under the laws of the jurisdiction in
which it is organized; (b) the FRANCHISE DOCUMENTS and, assuming due execution
hereof by the other parties hereto, this Transfer Agreement constitute legal, valid and
binding obligations of such Company enforceable in accordance with their terms; (c) the
execution and delivery of, and performance by such Company under, this Transfer
Agreement and the FRANCHISE DOCUMENTS, where applicable, are within such
Company's power and authority without the joinder or consent of any other party and
have been duly authorized by all requisite corporate or partnership action on the part of
such Company and are not in contravention of such Company's partnership agreement,
charter, bylaws, and/or other organizational documents; and (d) no representation made
to the CITY by such Company is incomplete, untrue or inaccurate in any material
respect.
5.2 KNOLOGY represents and warrants that neither the PROPOSED TRANSACTION
nor this Transfer. Agreement will adversely affect KNOLOGY'S ability to meet the
requirements of the current FRANCHISE DOCUMENTS, or to meet the CITY's future cable-
related needs and interests in a renewal FRANCHISE.
November 25. 2003November 20, 2003
Page 5
5.3 KNOLOGY represents and warrants that the PROPOSED TRANSACTION will not
have any adverse financial effect on the System, or adversely affect performance.
5.4 KNOLOGY represents and warrants that after the PROPOSED TRANSACTION,
KNOLOGY'S financial qualifications will be such as shall enable it to maintain and operate
the System in the CITY.
5.5 KNOLOGY represents and warrants that the PROPOSED TRANSACTION will not
in any respect reduce the quality of customer service in the CITY.
5.6 KNOLOGY represents and warrants that the PROPOSED TRANSACTION will not
reduce the quality of existing system maintenance or repair.
Section 6. INDEMNIFICATION
6.1 VERIZON and each of the COMPANIES agree to indemnify and hold the CITY
harmless against any loss, claim, damage, liability or expense (including, without
limitation, reasonable attorneys' fees) caused by any representation or warranty made
by that Company herein which is determined by a court of competent jurisdiction or by
the parties to be untrue or inaccurate in any material respect.
6.2 In addition to any indemnification under the FRANCHISE DOCUMENTS,
KNOLOGY shall indemnify and hold the CITY harmless against any loss, claim, damage,
liability or expense (including, without limitation, reasonable attorneys' fees) incurred by
the CITY in connection with any action or proceeding commenced by a third party (not
one of the parties to this Transfer Agreement) claiming or asserting any liability of the
CITY relating to or arising from the PROPOSED TRANSACTION or this Transfer Agreement.
6.3 VERIZON shall indemnify, pay the cost of defense, including attorney's
fees, and hold harmless the CITY from all suits, actions or claims of any character
brought on account of any injuries or damages received or sustained by any person,
persons or property by or from the Franchise; or by, or in consequence or of any neglect
in safeguarding the work under the Franchise; or on account of act or omission, neglect
or misconduct of VERIZON; or by, or on account of, any claim or amounts recovered
under the Workers' Compensation Law or of any other laws, by-laws, ordinance, order
or decree, except only such injury or damage as shall have been occasioned by the
sole negligence of the CITY. Notwithstanding the foregoing, VERIZON'S indemnification
obligation hereunder shall be limited to suits, actions, or claims resulting from acts or
omissions prior to the date of Transfer. The CITY shall give VERIZON prompt notice of
the making of any claim or the commencement of any action, suit or other proceeding
covered by the provisions of this section.
November 25. 2003No'\'ember 20,2003
Page 6
Section 7. ADDITIONAL CONDITIONS
7.1 In the event the transfer does not close by March 31, 2004, or closes on
terms that are in any material respect different from the terms disclosed to the CITY in
writing, then any CITY consent to the PROPOSED TRANSACTION shall be void and of no
force or effect, and the PROPOSED TRANSACTION deemed to have been timely denied.
7.2 VERIZON and the COMPANIES hereby waive any and all claims that they may
have that any denial of the TRANSFER APPLICATION that results from failure of the
conditions herein fails to satisfy the deadlines established by applicable law including,
without limitation, claims based on, arising out of, or relating to 47 U.S.C. 9537, as
amended, and agree that they shall be deemed to have agreed to an extension of the
time to act on the TRANSFER APPLICATION as required to make any denial effective.
7.3 KNOLOGY shall provide proof that all required insurance, bonds and letters
of credit have been delivered to the CITY on or before the Closing of the Proposed
Transaction. Within 20 days of KNOLOGY INC. closing its public stock offering, it shall
submit proof that it has satisfied any liens or encumbrances arising out of the five million
dollar Purchase Money Financing Line of Credit between KNOLOGY NEW MEDIA INC. and
certain of its investors.
7.4 Except to the extent provided below all required insurance, bonds and
letters of credit currently provided by VERIZON shall remain in full force until KNOLOGY
provides proof to the CITY that all insurance, bonds and letters of credit as required
under the FRANCHISE have been obtained. VERIZON shall maintain in full force and effect
a faithful performance bond running to the CITY, with a good and sufficient surety
approved by the CITY, in the amount of $100,000.00, conditioned that VERIZON shall
well and truly observe, fulfill, and perform each term and condition of the FRANCHISE
which VERIZON is obligated to observe, fulfill, and perform until and including the Closing
of the PROPOSED TRANSACTION, and that, in case of any breach which may be
discovered and for which a claim may be made before or after the Closing of the
PROPOSED TRANSACTION, the CITY shall be entitled to recover from the principal and
sureties thereof the amount of all damages, including all costs and attorney's fees
incurred by the CITY, approximately resulting from the failure of VERIZON to well and
faithfully observe and perform any and all of the provisions of the FRANCHISE which
VERIZON was obligated to observe and perform prior to and including the Closing of the
PROPOSED TRANSACTION. Such bond shall be maintained in full force and effect for a
term or succession of terms ending 18 months after the effective date of this
Agreement.
Section 8. BREACHES Any breach of this Transfer Agreement on or after
Closing by KNOLOGY shall be deemed a breach of the FRANCHISE AGREEMENT and shall
be subject to all remedies available for a breach of the FRANCHISE AGREEMENT, in
November 25. 2003November 20, 2003
Page 7
addition to any other remedies the parties may have under this Transfer Agreement at
law or equity.
Section 9. MISCELLANEOUS PROVISIONS.
9.1. Effective Date: This Transfer Agreement shall be effective and binding
upon the signatories once it has been signed by all signatories.
9.2 Bindinq Acceptance: This Transfer Agreement shall bind and benefit the
parties hereto and their respective heirs, beneficiaries, administrators, executors,
receivers, trustees, successors and assigns, and the promises and obligations herein
shall survive the expiration date hereof. Any purported assignment of this Transfer
Agreement is void without the express written consent of the signatories.
9.3 Voluntary Agreement: This Transfer Agreement is freely and voluntarily
given by each party, without any duress or coercion, and after each party has consulted
with its counsel. Each party has carefully and completely read all of the terms and
provisions of this Transfer Agreement. Neither any of the COMPANIES, nor any of their
affiliates, nor the CITY, will take any action to challenge any provision of this Transfer
Agreement; nor will they participate with any other person or entity in any such
challenge.
9.4 Severability: If any term, condition, or provision of this Transfer
Agreement shall, to any extent, be held to be invalid, preempted, or unenforceable, the
remainder hereof shall be valid in all other respects and continue to be effective.
9.5 Counterparts: This Transfer Agreement may be executed in several
counterparts, each of which when so executed shall be deemed to be an original copy,
and all of which together shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties shall not have signed the same counterpart.
9.6 Conforming Amendments to Franchise AQreement: KNOLOGY agrees to
accept FRANCHISE amendments to the extent necessary to reflect the PROPOSED
TRANSACTION or the provisions of this Transfer Agreement.
9.7 GoverninQ Law: This Transfer Agreement shall be governed in all
respects by the law of the State of Florida.
9.8 Caotions and References: The captions and headings of sections
throughout this Transfer Agreement are intended solely to facilitate reading and
reference to the sections and provisions of this Transfer Agreement. Such captions
shall not affect the meaning or interpretation of this Transfer Agreement.
END OF SUBSTANTIVE PROVISIONS
SIGNATURE PAGE AND EXHIBITS TO FOLLOW
AGREED TO THIS
Cou ntersigned:
DAY OF
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
November 25~ 2003November 20, 2003
Page 8
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Verizon
By:
[title]
Knology New Media, Inc.
By:
[title]
Knology Broadband of Florida, Inc.
By:
[title]
November 25. 2003Noycmber 20,2003
Page 1
EXHIBIT A
GUARANTEE OF PERFORMANCE
WHEREAS, the City of Clearwater, Florida ("CITY") granted a franchise
("FRANCHISE") to Verizon Media Ventures Inc., to erect, construct, operate, and maintain
a cable system in the CITY pursuant to the GTE Media Ventures Incorporated. Cable
Franchise Ordinance, City of Clearwater Ordinance No. 6046-95 and as subsequently
amended, all of which documents, as any of them may lawfully be or may have been
amended from time to time, are collectively referred to as the "FRANCHISE DOCUMENTS";
and
WHEREAS, the City of Clearwater, Florida ("CITY") consented to a transfer of a
CITY FRANCHISE from VERIZON to KNOLOGY ("FRANCHISEE") conditioned upon execution
of a transfer agreement and related documents including this Guarantee; and
WHEREAS, Knology Inc.("GUARANTOR") is an indirect parent of the FRANCHISEE
and will have a substantial interest in the FRANCHISE, in the conduct of the FRANCHISEE,
and in the FRANCHISE DOCUMENTS, which are incorporated herein by this reference;
Now, THEREFORE, the GUARANTOR hereby unconditionally guarantees the due
and timely performance of any and all obligations of the FRANCHISEE required by the
FRANCHISE DOCUMENTS. The GUARANTOR also promises that no company in the chain of
ownership between it and the FRANCHISEE will take any action that would prevent the
FRANCHISEE from performing its obligations under the FRANCHISE. This Guarantee,
unless terminated, substituted or canceled as hereinafter provided, shall remain in full
force and effect for the term of the FRANCHISE, as it may be renewed or extended and as
provided by the FRANCHISE DOCUMENTS; provided, however, that upon the CITY's prior
written approval of a substitute guarantor, which approval shall not be unreasonably
withheld, this Guarantee may be terminated, substituted or canceled upon written notice
from the GUARANTOR to the CITY and the FRANCHISEE. Any such substitution of the
GUARANTORS will be implemented in a manner that ensures that the substitute guarantee
is in place and effective prior to or contemporaneously with the termination, substitution
or cancellation of this Guarantee so that there is no breach in coverage.
Any notice of such a substitution as required by law shall be addressed to the
CITY Administrator with a copy to the FRANCHISEE. Such termination shall not affect
liability incurred or accrued under this Guarantee prior to the effective date of such
termination or cancellation.
END OF SUBSTANTIVE PROVISIONS, SIGNATURE PAGE TO FOLLOW
November 25. 2003No\'ember 20, 2003
Page 2
Knology, Inc.
By:
Name:
Title:
STATE OF
I HEREBY CERTIFY, that on this _ day of
me, the subscriber, a Notary Public of the State of Georgia, in and for
Georgia, aforesaid personally
, before
CITY,
appeared
of
and
CITY,
acknowledged the foregoing Acceptance of Franchise by Franchisee in
Georgia, to be the act and deed of said company.
CITY, Georgia
AS WITNESS my hand and Notary Seal
Notary Public
My Commission Expires:
EXHIBIT B
ACCEPTANCE OF FRANCHISE BY THE FRANCHISEE
Knology ("FRANCHISEE ") hereby accepts the franchise to erect, construct,
maintain, and operate a cable system offered by the GTE Media Ventures Cable
Franchise Ordinance, City of Clearwater Ordinance No. 6046-96 ("FRANCHISE
AGREEMENT"), as assigned and modified by that Resolution No. 00-13 ("FRANCHISE
ORDINANCE"). By this acceptance, FRANCHISEE agrees that, as set forth in the FRANCHISE
ORDINANCE, it shall be bound by the terms and conditions of the FRANCHISE AGREEMENT,
any amendments thereto, (collectively, the "FRANCHISE DOCUMENTS").
By accepting the franchise, the FRANCHISEE further: (1) acknowledges and
accepts the CITY's legal right to issue and enforce the franchise; (2) agrees that it will
not oppose the CITY's intervention in any proceeding affecting its franchise or
obligations thereunder; (3) accepts and agrees to comply with each and every provision
of the FRANCHISE DOCUMENTS; and (4) agrees that the franchise was granted pursuant to
processes and procedures consistent with applicable law, and that it will not raise any
claim to the contrary.
The FRANCHISEE declares that it has carefully read all of the terms and conditions
of the FRANCHISE DOCUMENTS, and accepts and agrees to abide by same.
The FRANCHISEE is bound to maintain and operate a cable system under the
terms, conditions and limitations set forth in the FRANCHISE DOCUMENTS and other
applicable law, as of the time and date it files this written acceptance with William B.
Horne, II, Clearwater City Manager
END OF SUBSTANTIVE PROVISIONS, SIGNATURE PAGE TO FOLLOW
AGREED TO THIS
DAY OF
Knology, Inc.
By:
Name:
Title:
STATE OF
I HEREBY CERTIFY, that on this _ day of
me, the subscriber, a Notary Public of the State of
_' aforesaid personally appeared
of and acknowledged the foregoing Acceptance of
Franchise by Franchisee to be the act and deed of said company.
,
, in and for
, before
AS WITNESS my hand and Notary Seal
Notary Public
My Commission Expires:
.
"See Agenda Drawings
(Knology handout)
# 25"
. . 12/04/03
ITEM # b
~ Clearwater
c' ./".. ~~ /"'-.../ ;
~~1
ej(j'J3 j/v
Appointment Worksheet
For Commission Meeting 12/04/2003
Agenda Number: 2,061
Community Development Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Planning DepL/Lisa Fierce
MEMBERS: 8
CHAIRPERSON Carlen Petersen
MEETING DATES: 3rd Tues., 2:00 p.m.
MEETING PLACE: Commission Chambers
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS Board shall include members qualified and experienced in the
fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real
estate
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.
Term Expires: 02/28/2004
Name
Carlen A. Petersen
8P-Rointment Date Attendance Record
04/01/1999
Reappointment?
No
THE FOllOWING NAMES ARE BEING SIIRMITTEO FOR r.ONSmERATTON TO FILL THE ABOVE VAr.ANr.IES
Name-Address Comments - Related Experience. Etc.
Kathy Milam Pres. Southern Hospitality Distinctive Group Services
1828 Venetian Point Dr., 33755
Nicholas C. Fritsch
1310 Gulf Blvd., #8-D, 33767
Rita Garvey
1550 Ridgewood St., 33755
Doug las L. Hilkert
1515 Midnight Pass Way, 33765
William P. Kirbas
34 Bohenia Cir.. N.. 33767
William J. McCann, PE
1563 Turner St.. 33756
Retired (Economics)
Former Mayor
Attorney
past member Parks & Recreation Board
Professional Engineer & Planner
Home Address:
IC'/,,_, ~ c r L>.- -.ro. I')r
I " r= _)(~\3'~)r, \ C:::'L llL-\vt
Cf_~ A.f'. wf-.-,a Zip '],-''11t.)~
Telephone: 1./9) 440CJ
How long a resident of Clearwater? 4 \€,A,LC,
Occupation: NOlet- O,^J\'.\e:~
Field of Education:
2::,..S 1"-' ht'~GL\\-p~c..TJ{\-c - N\J'VJ Yutk
\ N(,-rI\V,G l'k \e-6-"t-.YJ~o\.,'1
\C,j?J - \C19)~
If retired. former occupation:
Community Activities: CYA\O_~ ~ ~ lrxiO., CuA.t.J\~ k-v'C"I\J 'l Me;-;-"tl7L (;I;: ~ c, \aN'\\....
Gr\A.M~CL o\=- 0JM....-.~-.ce- ,F()\JNO\.~ ()\- CLf';~~..I-Jf.;"'1 \;{) 4 P- P Wt4rlA-t-A
Other Interests: ~)I\~C t-i'V~^?X>~ ()~ Y'e Y'\y<...,\C l/-f".2.-P-NC u;- T~I:? ~1~ t1ALt.",\f\...qr-
Board Service (current and past): Board Preference:
'l..aJ~ c.uP.:;T~._ ~V'c;'lV c.Ot-"MlI~ - c D P,
W..A. \ \\-. \""'. .""-tJ
Office Address:
Name:
RECE'VED
DEe 02 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) C>Fr:IC(All~C:CORDS AND
n., 0 U::G/SlATlvr: ;,RVCS OEPT
,) .h."-l\B1- i,)ENt-J\3"\...I.\
.::'
~f"""C
Zip
Telephone: ~t4\. )LS1~
c
Employer: Jt:=LF
Other Work Experience:
Q..eAL es;T~lE A'S-:-,t~ V\^~'tA\(~CM\.~1
AI'--O r)'v~.l'/PI'--Il~'Nl
Additional Comments:
~
. '....,
'-.
Signed:
.-......,.... ,.~~
\ '') --". '. ~ ~,
. -
Date:
11. L\ (7-,
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater. FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
f.l-F ... )"'n; ( N COM PUANL..-I,J ~r:\..\
C\ )O_~-~N\ i2.C..-G; t.Ju"-' \(lNS
\
. BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-,., '''' /'D \l IS f) -:'c-' ::) - I ~ l -:
,.....v L/ rl ~.1 ,I f1'i'J--, ,) ~L
t'oL P-Ci"'J\C"-.) h,.o A'if'P-tJ\j~
CJt:. A LL 7-t.N\l\J(1 AtJ) (AtvO U:'t= IL,~,L>I,T:-, ~ """j\~~ 0-6(..::u~ Mv',"~C'\
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
'0.-,
\t:~ .
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
\ tLB [,,8\ vt;i) A l")<C"'" Dt;:r:-{LS'f.: \ t--...) AfL-Ul.q:~l' IO...e- AN{) t.-\A-vt1
\V\ At- ),l;c.... GiL MJ:) J:X~v t:\.. 0?r-:Q. ...
.
,b-.~(..U\9'"GV; , 'St-{lS
\ A.M A.\. cn
MA,t0A, c,v-L , A<SI,..c-y
~oQ...L.-v'{) F"QL yp,.A-,l\c, 'f\S A0
A. LAND r~o
~\J~')l Ne--,,:~<':>
o \J'..)t......Jv--Q...
I r.....::. \Uf:;
C.;. \'1....,., (It"
I
Cl...- (5;\f\JIr-...) p.;., 'v~- _
4. Why do you want to serve on this Board?
\ ~t'7L \ PJ ~ -n.-\f-'.:\ C t....e' Ad'\ w^"\'Y-fL \ <., or-- ) A P /'":"7~ " r::-
c; tQ wlU ~ \ M V'O..d \.JI:'-'\ ~"\ C'\.= CLe^",___ es ""\'3 \j""'~A)~ ~
. .. '
\ l0OV\......\:) '- \ v-t; \() [...\\.~\"> ~t.t;~) ~f\-\ P',,\..\ CL..-~ AO_
A~.c.. /"".-.... ~'~.q ....... '- 'I \. -tJ ,e: Go^-.:.... ....-.r: c:;u"_ C/Jt-"'\l""'\V 10\-.'1
. '''' 1 r...AJ ""~JI 0 ~~ , V'-' \ VI ,~c "f '--"" .....1~ 1'. v ' \
I
.............. '
Name: \'\ ANI tL. '~etvNt;I""\~
Board Name: C D \J:)
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~~q) \. 200,:
(must be Clearwater resident) -
Name: -< o.\- ~ '\/ \\ '\ \~ VV\ CITY CL.., I .., ,. ,.;nviENT
f
Home Address:
\ <6 2 <l \) e \1\ e\-'\ o..\A 'V "" \Jr
c.. \ e~y GJo,:\~ ("\ F I Zio 33 ?sS-
Telephone: J;t,/ - /9:Z 9
How long a reitsi nt of Clearwater? ;(1 v y- S
/
Occupation: e S -
Field of~alio~: /
Sf/lit( ~
/ /
If retired, former occupation:
Community A
Other Interests:
Additional Comments:
Signed:
Office Add ress:
~q ht e..
Zip
Telephone:
~~/ - O.s-c; 7'
Employer: ~4t)fNI 4?,/~l!;:
Other Work Experience:,t) s7', ~c.;!'() ~ . ,t:J ctf1
....)e.,.~'c~
Date:
See attached lis 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 dutias and responsibilities?
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV)?d I J ~...
4. Why do you want to serve on this Board?
NomeN 7IL
Board Name:
I I.
.. -,.
(;1'1 '
CITY OF CLEARWATER - APPLlCA nON FOR ADVISORY BOARDS'
(must be Clearwater resident)
Name: Nicholas C. Fritsch
Home Address:
1310 Gulf Boulevard unit 8-0
Clearwater, 33767
Telephone: 595-6528
How long a resident of Clearwater? eiaht years
Occupation: retired
Field of Education:
Economics
Office Address: retired
Telephone: nla
Community Activities: Pineflas County - General Services intern and "Partner in Proaress
Award nomineell 1995, Sand Kev Civic Association - Dast 1st vice-president and treasurer.
Citizens for a Better Clearwater, Bla Brothers and Bla Sisters of Pinellas County 1999-2001,
Paint Your Heart Out Clearwater 2001. 2002.
Other Interests:Attendina NASCAR races and tennis
Board Service (cunent and past): current. Board Preference:
secretarv, Purdue University Club of Tamoa Community Oevelooment Board
Bav Dast - 1s1 vice-Dresident & treasurer of
Sand Kev Association. Jollev Trollev Board
Additional Comments: I enioy beina active in issues that are imoortant to the City: eSDeciallv
economic develoDment and I r8Soect the city leaders and staff.
Signed: Date: March 22. 2002
See attached list for boards that require Financial Disclosure at the time of employment.
Please return this application and board questionnaire to the City Clerk's Dept.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibimies?
The board receives requests for variance. rezoninq and appeals to the City's Land Use Plan and
Communrtv Development Code. It evaluates the applicant's written submission aoainst the
applicable sections of the code and or plan. Followina the oral presentation by staff and the
applicant. the board discusses the relevant facts and issues; ultimately renderinQ a decision to
recommend to accept or deny the applicant's proposal based on its merits. For flexible
development proposals. it has final authority.
2. Have you ever observed a board meeting either in person or on C-View, the City's 1V station?
PreviouslV. I have sPoken in support or opposition to proposals to the CommunitY Development
Board or its' predecessor on three occasions. Additionallv. I have watched the proceedinas on
several occasions.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
the board?
I have planned or directed the mechanical maintenance or coordinated the construction of a variety
of buildinQs and on-site utilitv distribution systems for more than eiaht vears. These Qualifications
will offer the board some additional insiaht into the impact of the proposals on the land and city
infrastructure. In addition. I was the corporate administrator of the employee sUQQestion plan for
more than 5 years which evaluated approximately 40,000 ideas with annual cash awards of
$300.000 to more than $750.000 a year. Judaina and insurina the fairness and eauity of that
volume of personal ideas with often misperceived value by the employee is pretty touah evaluation.
Amona those 40.000 ideas onlY one was appealed outside of the routine process and it was upheld
in a private meetina with the chair of the COrDOrate committee. the employee and myself.
4. Why do you want to serve on the board?
In the course of mv contact with citv commissioners. boards and staff I have endeavored to offer my
opinion with resoect and intearitv. I love the City and wish to contribute to its strenaths and vitality.
Bioaraohical Sketch 1
Nicholas C. Fritsch
Personal:
· Married, wife Jena 23 years
· Son, Allen
· Daughter, Nicole
· Clearwater resident 1993 to present
1310 Gulf Boulevard Unit 8-0
- 595-6528
- Email: njonbeach@email.msn.com
Education:
· Butler University - 12 graduate credit hours towards Master's Degree
· Purdue University - Bachelor of Science in Economics
Work Experience:
Eli Lilly and Co. (phannaceuticals) 27+ years retired 1993
· Facilities management
- Dept. Head - mechanical trades for research & administration
- Senior project engineer - facilities services
· Materials management
- Dept. Head - warehousing and receiving
- Buyer - purchasing equipment and supplies
Pinellas County 1995-1997
· General Services
- Engineering Specialist I - construction of Criminal Justice Center
and Jail
· Purchasing
- Assistant Director
KePro Inc. (Medicaid contractor) 1994-1995
· Manager, Administrative Services
Military Experience:
· Viet Nam veteran and actiV& duty during Desert Storm
· U.S. Anny and Reserves - 30 years, retired
· Colonel, Military Intelligence
L
1 As of March, 2002
Community Service:
· Pinellas County - General Services intern
"Partner in Progress Award nominee" 1995
· Big Brothers and Big Sisters of Pinellas County 1999-2001
· Paint Your Heart Out Clearwater 2001-2002
. Sand Key Civic Association - past 1 It vice-president and treasurer
and liaison to Barrier Island Government Council (BIG-C)
· Jolley Trolley - past board member 1997
· Purdue University Club of Tampa Bay, secretary
· Professional Placement Network for Pinellas County, past president
. Professional associations and experience:
. Past President, VP and Board Member, Intemational Employee
Involvement Association (formerly, the National Association of
Employee Suggestion Systems)
. Reserve Officers Association - Life Member
. Purdue University Alumni Association - Life Member
· Community Association Manager license (inactive)
Hobbies:
. Volunteer service
. Attending NASCAR races
. Tennis
.f
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY ~~g,E1 VEC
(must be Clearwater resident) JUN 2. 0 2001
trltf G~.lJC,V
OITY CLERK DEPARTMENT
Home Address: Office Address:
IS- S () RIO bf (j) () 0 f'J S T .
C--, L ()J f( zip3 3 7SS - Zip
Telephone: 7;;; 7 - L/t/~ .... . "3~VS- Telephone:
How long a resident of clearwater~... ,;3 {~..tA-XJ
Occupation:-L1 ~ /()~ Employer:
~f)4c-S ~~
~~
If retired, former occup
Community Activities:
~~.
,,-
Other Interests:
Board Service (current and past):
L I M 4-1- Y 15/J !-~ f)
Board Preference:.- ~ M
~~
Additional Comments:
Signed:
Date:J - /9 - () I
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
V/~/O;)'~ (<-Up OYL..i~
,
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
/" -Ill- \
I ~~ W7
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
1'" - cJY\.C-V~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ..
P~~IY"~~
4. Why do you want to s~rv. o~ this ~ '~
,-1~~A~ ~. _
J~\1Y,7
Name:
Board Name:
thfJ
r
CliY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: nouql~a L. Hilkart
Home Address: OffIce Address:
2227 Habersham Drive
2~57 Nurserv Road, Suite A
Clearwater, FL
ZiD 33764
qleBrvat.er. FL
Zip 33764
Telephone: (777\ S2~-14~q
How long a resident of Clearwater?
Occupation: At torney
FIeld of Education:
Telephone: (727 ~ 507-9559
4~ years (25 plua in pinellas County)
Employer: 'Douglls" "~1 Jcvrt P l.
other Work experience:
B.A. Southern.Nazarene University
J.D. S~Atft~n Univ8rRitv Col1Aae of Law
If retired, fanner occupatJon:
Community Activitie6: Chairman planning and Zoning Board; Vice-Chairman
~h~rtp.r RAV~A~ ~nmmi+.t.A~
Other Interests:
Board Service (current and past):
p &. z
Board Preference:
CDB
Charter Revi."
Additionsl Comments:
Signed: :Jf;l
Date:
February 15, 1999
See attached list lor boards that require Financial Disclosure lit time of appointment
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 3375~748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
1/1'7/0 \ - \I~;l-h'e.d Cb'1+i",v-ed
1/1l~/o~ - II II
\ ~-\< re. s+-
, I
Tn IT" ='>l'<.J
I 'It.I':l"",TU .., C'l'<-'c-nn..,
C I Ie _, n,. _ , 'P'
In'OT eCCT/r,.-"'\
\
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
llTT T. T. TAM P I< T R 'R A S
Home Address: Office Address:
34 Bohenia Circle North 100
Clean-later, Florida Zip 33767
Telephone: 446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
18 YPrtr~ d
Employer: Ame~ Express yz~-\; r~
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. degree, finance & marketinq
Maqnetics enaineer
Plrlnt MrlnrlCJpr
General Manaaer
If retired, former occupation: n/a Business owner
Community Activities: Director. Jolley Troll Py. ni rpC"'tnr ;. VP C'1 Prl r'IoTrltpr
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community DeveloDment Board
Parks & Recreation Board
Additional Comments:
Signed:
(J/~
Date:
A~ril 13. 1999
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
119/0/- ~ f 6,,) bo-tl.. \(':,+f
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PFCEIVED
APR 1 ~ 1999
CITY CU::~:< DEPT.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
T~e hoard assists t~e Far~s & Rac. staff in evaluating
current facilities and activities and r~co~mending
improvements and capital ax~ansion for parks and
recreation facilities to the City Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
A number of times including a four year term as a member
of the Parks an~ Recreation Advisory Boar~.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this hoar~ provi~es me wit~ a
thorough appreciation of the board's purpose and
responsibility. I have a ~een interest in athletics
and recreation ~y way of mv 9articioation. I have a
sound ~ackground in finance that could help in prior-
itizin2 cvaluate~ ~rojects.
4. Why do you want to serve on this Board?
110 li~8 to continue working toward the objectives set
durina my previous term in makincr the parks and Recreation
Departm3nt the finest in the State of Florida and its
faciliti~s and~rograms sacond to none that we would be
proud of.
Name:
William P. Kirbas
Board Name:
Par'<:s
R ~'. (f~ l~~! 1. V E,1).
and R~crea t i on
j\~R 16 1999
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BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board th~t has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academiec background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planning and zoning. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life .for our
Name:
residents and I would offer my advice to achieve it.
Board Name: Cnmmnni lj. ~U~JmX~ n
~,PR l6 1999
William P. Kirbas
CITV GLEilK DEPT
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ~//;,tJ"'7 J. M C'Cr},.JlJ. f::>E-
,;
Board Service (current and past):
D6S(&.~ f?~/ek../ ~l)~160
Board Preference:
COlV/MV~/T1 UCVliUJf'7Mtr.<lT 730~KP
Additional Comments:
Date: r.~ /1 /111
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, ClealWater, Fl 33758-4748 or drop off at City Hall, 2nd
Floor, 11! S. Osceola Avenue " p p ,n E Y' '\tr T:'t n
I 01 _ ~p OV1( t~+- ., · . . J _I JL ~ .~ ....
flUI II \' I' FEB171999
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r;fTV Ci....::..~:< DE;;)T.
WILLIAM J. McCANN, P.E.. P.P.
Licensed ProfessIonal Engineer and Professional Pla/Uler
1563 Turner Street
Clearwater, FL 33756
727 -443-7660
BACKGROUND and PROJECTS
CMC
Chairperson - Design Review Board - City of Clearwater, FL
Board of Directors - Keep Pinellas County Beautiful, Inc.
Member - Planning Board - Atlantic Highlands. ~J - 1977-78
Member - Zoning Board - Atlantic Highlands. ;\J - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land Surveyor - Pennsylvania - 1980
Charter Member - American Institute of Certified Planners - October 1978
Certified by examination AlCP
Professional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (Civil Engineering) - ~{anhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
~9mmercta1
Carnegie Center - Planned Unit Development - 550 acres - 3.3 mllllon SF Planned Corporate Headquarters
Office Park. 350,000 SF Commercial retail. 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350,000 SF
Gateway Shopping Center - 225.000 SF
CIVIL and SITE DESIGN
Planned Unit Developments. Planned Residential Developments. Single Family. Townhouses.
Condomlums. and Garden Apartments. Retirement Communities.
Subdlv1slons and Site Plans (or office buildings and shopping centers
Site layout. grading, earthwork quantities. ratlroad track design, utiltty services.
Drainage systems. detention and retention basins. Infiltration and exftltratlon systems.
Sanitary sewerage systems. collection mains. Hft stations. (orce mains. regional systems: Interceptor
mmk lines. pump stations, force mains and package treatment plant designs.
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~.Clearwater
To:
Mayor and Commissioners
RE:
Cyndie Goudeau, City Clerk
Bill Horne, City Manager; Pam Akin, City Attorney
December 2, 2003
Membership allocations for MPO
From:
CC:
Date:
Based on the discussion that occurred at the November 3, 2003 Work Session, the
following motion is proposed for approval at your December 4, 2003 Commission Meeting.
Move to recommend adding a representative of the BIG C to the membership of the
Pinellas County Metropolitan Planning Organization and the remaining membership
allocation remain as is.
If you have any questions, please let me know.
ffjo
Questions
APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in Ordinance
No. 7235-03 to require the appointment of a Charter Review Advisory
Committee every six years instead of every five years?
YES
NO
For amendment to City Charter
Against amendment to City Charter
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance
7235-03 entitled "Non-Substantive Changes" to simplify language, correct
grammar, eliminate certain transitional provisions which are no longer
applicable; change the appointment time for Vice-mayor; change the
name of the Commission to Council, change the title of Mayor-
Commissioner to Mayor, and change the title of Commissioner to Council
Member?
YES
NO
For amendment to City Charter
Against amendment to City Charter
FINDINGS PRIOR TO DISPOSITION OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(i), (ii), (iii), (iv), and (v) of the City Charter be
amended as provided in Ordinance No. 7237-03 to eliminate the requirement
that municipal real property be declared surplus and require that the
Commission determine at a public hearing that the sale, lease, donation, or
other transfer of municipal real property serves the public interest?
YES
NO
For amendment to City Charter
Against amendment to City Charter
EASEMENTS
Shall Section 2.01 (d)(5)(v) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the City to grant easements, in addition to rights-
of-way, over recreation/open space property?
YES
NO
For ~mendment to City Charter
Against amendment to City Charter
1
Questions
DONATION OF REAL PROPERTY
Shall Sections 2.01 (d)(5)(i) and (v) of the City Charter be amended as
provided in Ordinance No. 7237-03 to allow the donation of City owned real
properties which are uneconomic remainders and to allow the donation of
City owned real properties to non-profit organizations for the construction of
residential units?
YES
NO
For amendment to City Charter
Against amendment to City Charter
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Section 2.01 (d)(5)(vii) and (viii) of the City Charter be amended as
provided in Ordinance No. 7237-03 to clarify the language; remove the 60
year cap on the leasing of real property; require a referendum for leases
which will have terms in excess of 30 years; and remove the requirement that
leases contain recapture and reverter clauses?
YES
NO
For amendment to City Charter
Against amendment to City Charter
APPRAISALS FOR PURCHASE OF REAL PROPERTY
Shall Section 2.01 (d)(5)(ix) of the City Charter be amended as provided in
Ordinance No. 7237-03 to raise the threshold for appraisals when the City
purchases property to require one appraisal if the purchase price is between
$500,000.00 and $1,000,000.00 and two appraisals if the purchase price
exceeds $1,000,000.00.
YES
NO
For amendment to City Charter
Against amendment to City Charter
2
Questions
CITY-OWNED PUBLIC FACILITIES - DOWNTOWN WATERFRONT
Shall Section 2.01 (d)(6) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the construction and operation of city-owned
recreational facilities such as boat slips, docks, dock master's office, and
amphitheater on the City property generally bounded by Drew Street,
Osceola Ave, Chestnut Street and Clearwater Harbor and located below the
bluff; and allow the construction of a parking facility on that portion of the
property south of Cleveland Street?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DREDGING OF STEVENSON'S CREEK
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance No. 7237-03 to exempt Stevenson's Creek from the requirement
that permits for dredging and filling in excess of 10,000 cubic yards below the
mean high water line be authorized only after referendum?
YES
NO
For amendment to City Charter
Against amendment to City Charter
LENGTH OF COMMISSION TERMS AND DISQUALIFICATION PERIOD
Shall Sections 2.03 and 2.07 of the City Charter be amended as provided in
Ordinance No. 7238-03 to increase the term of office for Commissioners to four
years; to reduce the disqualification period from one term to two years for
commissioners who are disqualified from running by term limits; to provide for
filling of Commission vacancies by appointment of the Governor under certain
circumstances and other minor changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
CANDIDATES FOR COMMISSION - QUALIFYING TIME. FEE AND PETITION
CARDS
Shall Section 8.04 of the City Charter be amended as provided in Ordinance No.
7235-03 to eliminate specific requirements for fees, petition cards, and dates for
qualifying as a candidate for the City Commission and provide that such matters will be
addressed by ordinance?
YES
NO
For amendment to City Charter
Against amendment to City Charter
3
.t 30 c~
ORDINANCE NO. 7235-03
AN ORDI NANCE OF THE CITY OF CLEARWATER,
FLORIDA. SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 7.02; REQUIRING THE
COMMISSION TO APPOINT A CHARTER REVIEW
ADVISORY COMMITTEE EVERY SIX YEARS; AMENDING
SECTION 8.04; ELIMINATING SPECIFIC REQUIREMENTS
FOR FEES, PETITION CARDS,AND DATES FOR
QUALIFYING AS A CANDIDATE; MAKING NON-
SUBSTANTIVE GRAMMATICAL, NUMBERING, AND
ORGANIZATIONAL AMENDMENTS TO THE CITY
CHARTER; PROVIDING AN EFFECTIVE DATE.
SE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 7.02 of the City Charter be
amended as follows:
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review advisory committee iR-January,
1994, ::md at least every six five years thereaftef provided the appointments are made
in January of a year preceding a city election. The charter review advisory committee
shall be composed of not less than ten members. It shall review the existing charter and
make recommendations to the commission for revisions thereto.
Section 2. It is hereby proposed that Section 8.04 of the City Charter be
amended as follows:
Section 8.04. Nominations.
The names of candidates for commission shall be placed upon the ballot by the
filing of a written notice of candidacy with the city clerk at such time and in such manner
as may be prescribed by ordinance. The ordinance shall require the payment of a
qualifying fee in the amount of $50.00. The candid:Jte shall submit petition cards from
Ret less than 250 city voters.
The qualifying fee and petition cards are to be received by the city clerk not mOfe-
than 60 d:JYs nor less than 46 days prior to the date of the election. The notice must
designate the number of the seat for lNhich the candidate is seeking election. All
applications shall be accompanied by an :Jffidavit that the candidate is n voter of the city
aflG-nas been a resident of said city continuously for at least one year immediateJy-pAef-
to the fil~f the notice of candidacy. Where only one candidate qualifies for
nomination to a seat on the commission, then no general election shall be held with
respect to the seat and the candidate shall be declared elected to the seat.
Ordinance No. 7235-03
Section 3. It is hereby proposed that the City Charter be amended as outlined in
Exhibit A attached hereto. Said amendments are grammatical, numbering, and
organizational changes to the charter, including changing the name of the Commission
to Council and the title of Commissioner to Council member.
Section 4. A referendum election is hereby called and will be held on March 9,
2004, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The questions to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 2004, shall be as follows:
APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in
Ordinance No. 7235-03 to require the appointment of a Charter Review
Advisory Committee every six years instead of every five years?
YES
NO
For amendment to City Charter
Against amendment to City Charter
CANDIDATES FOR COMMISSION - QUALIFYING TIME. FEE AND PETITION
CARDS
Shall Section 8.04 of the City Charter be amended as provided in
Ordinance No. 7235-03 to eliminate specific requirements for fees,
petition cards, and dates for qualifying as a candidate for the City
Commission and provide that such matters will be addressed by
ordinance?
YES
NO
For amendment to City Charter
Against amendment to City Charter
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance 7235-
03 entitled "Non-Substantive Changes" to simplify language, correct grammar,
eliminate certain transitional provisions which are no longer applicable; change
the appointment time for Vice-mayor; change the name of the Commission to
Council, change the title of Mayor-Commissioner to Mayor, and change the title
of Commissioner to Council Member?
YES
NO
For amendment to City Charter
Against amendment to City Charter
2
Ordinance No. 7235-03
Section 5. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 2004.
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
ftL, jl /1
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
3 . Ordinance No. 7235-03
Exhibit A to Ord 7235-03
NON-SUBSTANTIVE CHANGES
Article I. Corporate Existence", and-Powers . and Boundaries.
Sec. 1.01. Corporate existence and powers.
Sec. 1.02. Corporate boundaries.
Article II. Legislative Power
Sec. 2.01. Council ; composition; powers.
Sec. 2.02. Qualifications.
Sec. 2.03. Election and terms.
Sec. 2.04. Compensation and expenses.
Sec. 2.05. Mayor commissioner, functions! and powers.
Sec. 2.06. Prohibitions.
Sec. 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
Sec. 2.08. Procedure.
Sec. 2.09. Ordinances and resolutions in general.
Sec. 2.10. Authentication, recording! and disposition of charter
amendments, ordinances! and resolutions.
Article III. Administration
Sec. 3.01. City manager.
Sec. 3.02. Appointment; removal; compensation.
Sec. 3.03. Powers and duties of the city manager.
Sec. 3.04. City clerk.
Sec. 3.05. Personnel system.
Article IV. City Attorney; Legal Department
Sec. 4.01. City attorney, legal department.
Sec. 4.02. City attorney, appointment, removal, and compensation,
qualifications and duties.
Sec. 4.03. Assistant city attorneys, i special counsel.
Sec. 4.04. Compensation.
Article V. Reserved
Article VI. Initiative, i Referendum; Recall
Sec. 6.01. Initiative.
Sec. 6.02. Referendum.
Sec. 6.03. Recall.
Sec. 6.04. Commencement of proceedings.
Sec. 6.05. Petitions.
Sec. 6.06. Procedure to filing.
Sec. 6.07. Referendum petitions; suspension of effect of ordinance.
Sec. 6.08. Action on petitions.
Sec. 6.09. Results of election.
Article VII. General Provisions
Sec. 7.01. Charter amendment.
Sec. 7.02. Charter review advisory committee.
Article VIII. Nominations and Elections
Sec. 8.01. Qualified voters.
Sec. 8.02. Nonpartisan elections.
Sec. 8.03. Form of ballots.
Sec. 8.04. Nominations.
Sec. 8.05. Elections.
Sec. 8.06. Candidate vacancy.
Article IX. Fiscal Management Procedure
Article X. Transition Schedule
Sec. 10.01. Continuation of former charter provisions.
Sec. 10.02. Ordinances preserved.
Sec. 10.03. Rights of officers and employees.
Sec. 10.04. Pending matters.
Sec. 10.05. Schedule.
ARTICLE I.
CORPORATE EXISTENCE1 ANI) POWERS, AND BOUNDARIES
Section 1.01. Corporate existence and powers.
(a) General Powers. The City of Clearwater, Florida, (the "city"), as
created by Chapter 9710, Special Laws of Florida, 1923, as amended, Mall
exist~ and continue asa municipal corporation, with shall have all governmental,
corporate and proprietary powers to enable it to conduct municipal government,
perform municipal functions and render municipal services~,t The city aM may
exercise any power for municipal purposes except when expressly prohibited by
law. In addition to the powers enumerated herein, the city shall be vested with all
powers granted by general or special acts of the legislature of the State of
Florida or as aAG otherwise provided by law.
(b) Exercise of Powers. The city may exercise aAy-af its powers and 9f
perform and finance any of its functions aM may participate in the financing
thereof, by contract or otherwise, jointly or in cooperation with anyone or more
states or political subdivisions or agencies thereof, or the United States or any
agency thereof, or with any person as defined by law.
(c) Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. The city is empowered to do whatever is
necessary and proper for the safety, health, convenience and general welfare of
its inhabitants. The specific mention of a particular power in this charter shall not
be construed as limiting the general power stated in this s Section of Article I.
(6372-99,9 1, 1-21-99/3-9-99)
Section 1.02. Corporate boundaries.
The corporate boundaries of the city shall be as they exist on the date this
charter takes effect, provided that the city may shall h3ve the power to change its
boundaries in the manner prescribed by law.
ARTICLE II.
LEGISLATIVE POWER
Section 2.01. Council Commission; composition; powers.
(a) Composition. There shall be a city council commission, (the
"council" commission ), composed of five council members commissioners,
including the mayor commissioner. The members will occupy seats numbered
one through five, inclusive. All members shall be elected at large by the voters of
the city.
(b) Powers. All legislative power of the city shall be vested in the
council commission, except as otherwise provided by law or the provisions of
this charter, and the council commission shall provide for the exercise thereof
and for the performance of all duties and obligations imposed upon the city by
law.
(c) Duties. It shall be the duty of the council commission to discharge
the obligations and responsibilities imposed upon the council commission by
state law, city ordinance and this charter. As a part of the discharge of its duty,
the council commission shall:
1. Each October,at a public meetinQ, present a report on the
evaluation of evaluate the performance of the city manager and city
attorney, recognizing areas of exceptional performance as well 3S
areas of in 'I{hich performance can be improved. The evaluation
process sh311 bo determined by the commission. The results of the
eV31uation shall be reported to the citizens of tho city.
2. Adopt by ordinance a comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budget, capital budget and
capital program, and provide providing for hearings on the budget,
capital budget and capital program and the amendment of the
budget following adoption.
3. Provide for an annual or more frequent independent audit of all city
accounts by a firm of certified public accountants. No firm shall be
employed for more than five consecutive years. All audits shall be
in accordance with law.
4. Regulate comprehensive planning, zoning and land development
as provided by law.
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall
include revenue, refunding, and improvement bonds of the city,
shall not exceed 20 percent of the current assessed valuation of all
real property located in the city. The total budgeted expenditures in
any fiscal year shall not exceed the total estimated revenue plus
any unencumbered funds carried forward from a prior fiscal year.
(2) The city council commission shall by ordinance adopt procedures
for the purchase or rental of goods and services.
(3) Any non-budgeted expenditure in excess of $5 million must be
approved by the council commission at two separate meetings
held at least two weeks apart and advertised notice of a public
hearing must be given at least five days prior to the second
meeting.
(4) With the exception of maintenance or emergency dredging, or
dredging relating to that portion of Dunedin Pass located within the
boundaries of the city, permits for dredging or filling in excess of 10,
000 cubic yards below the mean high water line may be authorized
only after a properly advertised public hearing before the council
commission and approval at referendum.
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five
years, or other transfer of any municipal real property, the
real property must be declared surplus and no longer
needed for municipal public use by the council commission
at an advertised public hearing. Except in the case of right-
of-way dedications, the granting of easements, or
transactions with governmental entities as described herein,
no real property may be given away or donated without prior
approval at referendum.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold to the party submitting the highest
competitive bid above the appraised value whose bid meets
the terms set by the council commission and whose
proposed use of the property is in accordance with the
council's commission's stated purpose for declaring the
property surplus, if any.
(iii) Surplus real property may be transferred to another
governmental entity for less than the appraised value after
an advertised public hearing has been held and a finding by
the council commission of a valid public purpose for the
transfer.
(iv) Surplus real property may be exchanged for other real
property having a comparable appraised value.
(v) No municipally owned real property identified as
recreation/open space on the city's comprehensive land use
plan map on November 16, 1989 (or as may be amended
thereafter), may be sold, donated, leased for a new use, or
otherwise transferred without prior approval at referendum,
except when the council commission determines it
appropriate to dedicate right-of-way from such property.
Such recreation/open space property may be leased for an
existing use, without referendum, unless such lease is
otherwise prohibited by charter or ordinance.
(vi) No right-of-way or easement which terminates at, or
provides access to, the water's edge of a body of fresh or
salt water may be vacated for private benefit. Nothing
contained in this section shall prevent an easement for utility
purposes from being exchanged for a new easement for
similar purposes or from converting a fee interest for utility
purposes into an easement for such purposes.
(vii) The council commission may lease municipal real property
for five years or less without declaring it surplus. Municipal
real property declared surplus may be leased for a term up
to 30 years, provided, however, nothing herein shall
preclude renewal of any lease for a maximum of 30 years.
Municipal property declared surplus may be leased for an
initial period of time or a renewal period exceeding 30 years,
if approved at referendum. but not to exceed 60 years total.
Leases of real property in an industrial park shall provide for
continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's investment,
and shall include a rent escalation clause.
(viii) All leases of municipal real property shall contain recapture
and reverter clauses.
(ix) When purchasing real property for less than $250,000.00,
the council commission shall obtain an appraisal performed
by city staff or independent certified appraiser. If the
purchase price of such property equals or exceeds
$250,000.00 but is less than $500,000.00, the council
commission shall obtain at least one appraisal by an
independent certified appraiser. If the purchase price of such
property equals or exceeds $500,000.00, the council
commission shall obtain at least two appraisals by
independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut
Streets, being further described in Appendix A. ffir.
Th3t portion of city owned land bounded on the north by the right of way
of Drew Streot, on tho east by the right of way of Oscool3 Avenuo, on the
south of the right of way of Pierce Stroot, ~nd on the 'Nest by tho waters of
Cloarwater Harbor, lying below the 28 mean soa level elevation, together
with the follm~..ing described tr~ct: Boginning at the northeast corner of
section 16, township 29 south, rango 15 e~st, Pinellas County, Florida,
and run thence west along the north line of said section, 1320.0 feet;
thenco south along the west line of tho east ono half of tho northe~st ono
quarter of s~id section 16, 1526.16 feet to ~m intersection '....ith an easterly
projection of the centerline of Pierco Street; thence south 89045'00" W
along the centerline of Pierce Street, 418 feet to ~n iron stake set in a
projection of the west line of Oscoola /\venue as extended across Pierce
Street; thenco south 20 feet along this pr-ojection of the southwest corner
of the intersection of Piorce Stroet and Oscoola Avenuo; thenco south
88018'42" '1'1 along tho south line of Pierce Street, 375 feet to the point of
beginning; thonce continue south 88018'42" W, 270.89 feet along said
south line of Pierco Stroet to the cast right of way line of Pierce
Boulevard; thence south 19024'39" east along aforesaid east right of way
along a curve to the right, chord 157.24 fect, arc 157.41 feet, radius 980
feet; thence north 88018'46" east, 120.42 feet; thence north 0014'32" 'Nest,
50 feet; thence north 88018'''12'',100 feot; thence north 0014'32" west,
99.80 f-oet to the point of beginning less and except that portion of the
above described tract designated for the B3ndshell Site,
and no municipal or other public real property constituting the
Memorial Causeway or lands immediately contiguous thereto, more
particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-
way, lying between the east abutment of the west bridge and the east line
of Clearwater Harbor, and the submerged portions of Board of Trustees of
the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and
public utilities together with associated appurtenances, except upon
a finding by the council commission at a duly advertised public
hearing that such development is necessary in the interest of the
public health, safety and welfare of the citizens of the city and
approval of such finding at referendum, conducted subsequent to
the public hearing. City-owned tennis courts and associated
appurtenances may be constructed and maintained on such
property south of Cleveland Street.
(7) No city owned real property in the area bounded on the north by
Drew Street, on the east by Osceola Avenue, on the south by
Pierce Street, and on the west by the waters of Clearwater Harbor,
shall be sold, donated, leased, or otherwise transferred or used for
other than city facilities except upon a finding by the council
commission at a duly advertised public hearing that such transfer or
use is necessary and in the interest of the public health, safety and
welfare of the citizens of the city and the approval of such finding at
referendum; except for that structure known as Harborview Center,
as described in Appendix B more particularly described as:
Beginning at the Northeast cornor of lot 1 of Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat
thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records
of Pinellas County, Florida, for a POINT OF BEGINNING, said point
being said Westerly right of way line of Osceola Avenue; run
thence S 01026'17" E, along said VVesterly right of way line of
Osceola Avenue, 224.38 feet, to the Northerly right of way line of
Cleveland Street; thence N 89058'26" W, along s3id Northerly right
of way line of Cleveland Street, 103.55 feet; thence N 00000'15" '}J ,
along a line West of the existing Horborview Center Building,
217.30 feet; thence along a line Northerly of s3id Harborview
Center Building the following two courses, 889058'26" E, 187.20
.
feat; thonce N 88007'145" E, 310.85 feat to the POINT OF
BEGINNING.
Wwhich structure may be leased for and used in furtherance of any
municipal purpose consistent with the charter GRafaGtef and ordinances of
the city.
(Ord. No. 6373-99,99 1,2, 1-21-99/3-9-99)
Section 2.02. Qualifications.
Members of the council commission shall be qualified voters of the city
and shall have continuously resided in the city for at least one year prior to
submitting a petition for election. The council commission shall be the judge of
the electionJ. aM the other qualifications of its members and ef the grounds for
forfeiture of their office.
Section 2.03. Election and terms.
All council members commissioners, including the mayor commissioner,
shall be elected for terms of three years. Terms shall overlap, with two council
members commissioners elected one year, and the additional two council
members commissioners and the mayor commissioner elected the following
year.
No person who has, or but for resignation or forfeiture of office would
have, served as a council member commissioner for two consecutive full terms
shall serve as a council member commissioner other than mayor commissioner
for the succeeding three-year term. No person who has, but for resignation or
forfeiture of office would have, served as mayor commissioner for two
consecutive full terms, shall serve as mayor commissioner or council member
commissioner for the succeeding three-year term. Term limits shall be effective
for each respective seat on the date of the next election for that seat after 1994.
Newly elected council members commissioners shall take office at the
next council commission meeting following certification of city election returns.
(Ord. No. 63-74-99, 91, 1-21-99/3-9-99)
Section 2.04. Compensation and expenses.
The council commission may determine the annual salary of council
members commission8f6 and the mayor commissioner by ordinance. No
ordinance increasing such salary shall become effective until the date of
commencement of the terms of council members commissioners elected at the
next regular election, provided that such election follows occurrinq at least six
months followinq the adoption of such ordinance by at least six months. Council
members Commissionors shall be reimbursed their actual and necessary
expenses incurred in the performance of their duties of office.
Section 2.05. Mayor commissioner, functions and powers.
The mayor commissioner shall preside at all meetings of the council
commission, perform such other duties consistent with the office as may be
imposed by the council commission and this charter, and shall have a voice and
a vote in the proceedings of the council commission, but no veto power. The
mayor commissioAef may execute uco the title of mayor in the oxecution of legal
instruments on behalf of the city or otherwise as required by law. This
authorization does not confer upon the mayor commissioner administrative
duties except as required to carry out the responsibilities stated in this charter.
The mayor commissioner shall be recognized as the official head of the city by
the courts for the service of process, by the governor for purposes of military law,
and for all ceremonial purposes.
At the first second council commission meeting each April, the council
commission shall elect one of its members as vice-mayor. The vice-mayor shall
act as mayor commissioner during the temporary absence or inability of the
mayor commissioner to perform the duties of the office of the mayor.
Section 2.06. Prohibitions.
(a) Appointments and removals. Neither the council nor any of its
members shall in any manner dictate the appointment or removal of any city
administrative officer or employee whom the city manager, or any of the city
manager's subordinates, is empowered to appoint.
(b) Dealing through city manager. Except durinq an investiqation fef
the purpose of inquirios and investigations, the council and its commission
members shall deal with city officers and employees who are subject to the
direction and supervision of the city manager solely through the city manager.
Neither the council commission nor its members shall give orders to any such
officer or employee, either publicly or privately. Recommendations for
improvement in city operations by individual council members commissfeAefS
shall be made to and through the city manager.
Nothing in the foregoing paragraph prohibits individual members of the
council commission from askinq Questions about questioning and observing city
operations so as to obtain independent information to assist them in the
formulation of policy.
(c) Holding other office. No present or former council member
commissioner shall hold any compensated appointive city office or employment
until one year after the expiration of the term for which such council member
commissioner was elected.
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory
boards.
(a) Vacancies. The office of a council member commissioner shall
become vacant upon the death, resignation, removal from office in any lawful
manner, or forfeiture of the office, such forfeiture shall te be declared by the
remaining members of the council commission.
(b) Forfeiture of office. A council member commissioner shall forfeit
such office if such member:
1. Lacks at any time during the term of such office any qualification for
the office prescribed by law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the council
commission, unless such absence is excused by the council
commission, or
4. Fails to attend twenty-five percent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in council member's commission seat.
1. A vacancy on the council commission shall should be filled by
majority vote of the remaining council members commissioners
within 30 days after the vacancy. The person so appointed shall
serve as a council member commissioner until the next regular or
special election. At such election, a council member commissioner
shall be elected to serve for the remainder of the unexpired term of
office.
2. If the council commission fails to fill such vacancy within 60 days
after it occurs, a special election shall be called to fill the unexpired
term.
3. Any person appointed to fill such a vacancy shall possess all the
qualifications required of a council commission member by law.
(d) Extraordinary vacancies. In the event that all council commission
members resign or are removed by death, disability, or forfeiture of office, the
governor shall appoint an interim council commission that shall call a special
election to be held within 90 days after the occurrence of the vacancies. Such
election shall be held in the same manner as the first election under this charter.
In the event vacancies cannot be filled as provided in section 2.07(c) because of
permanent vacancies which make it impossible to assemble a quorum, then in
such case the governor shall appoint that number of council GemmissioR
members necessary to constitute a quorum who shall hold office until the next
regular or special election.
(e) Boards. The council commissioR is empowered to appoint such
advisory boards as it deems appropriate and regulatory board(s) as may be
established by law.
(Ord. No. 6375-99, 91,1-21-99/3-9-99)
Section 2.08. Procedure.
(a) Meetings. The council commission shall meet regularly at least
once each month at such times and places as the council commission may
prescribe by rule. Special meetings may be held on call of the mayor-
Gemmissionef, the city manager, or any two council commission members and,
when practical, upon no less than 24 hours' notice to each member and the
public. All meetings shall be public, except as otherwise provided bv law. The city
manager and any council commission member shall have the power to cause
any item to be placed on the next agenda.
(b) Rules and minutes. The council commission shall determine its own
rules and order of business. The city clerk shall keep minutes of the council
commissioo proceedings.
(c) Voting. Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes. A majority of the council commission shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the council commission.
Except as provided in section 2.07(c), section 3.02 and in the preceding
sentence, no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all council commission members.
Section 2.09. Ordinances and resolutions in general.
(a) Definitions.
1. "Ordinance" means an official, legislative action of the council
commfssieR, which action is a regulation of a general and
permanent nature and enforceable as a local law.
2. "Resolution" means an expression of the council commission
concerning matters of administration, an expression of a temporary
character, or a provision for the disposition of a particular item of
the business of the council commission.
(b) Form. Each ordinance or resolution shall be introduced in writing
and shall embrace but one subject and matters properly connected therewith.
The sUbject shall be clearly stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend shall set
out in full the revised or amended action, section, subsection, or paragraph of a
section or subsection.
(c) Procedure. A proposed ordinance shall be read by title, or in full, on
at least two separate days, at either regular or special meetings of the council
commission, and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment
shall state the date, time, and place of the meeting, the title or titles of proposed
ordinances and the place or places within the city where such proposed
ordinances may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.
(d) Effective date. Except as otherwise provided in this charter, every
adopted ordinance shall become effective ten days after adoption or as otherwise
specified therein.
(e) Emergency ordinances. An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least four council commission members.
An emergency ordinance shall remain effective as an ordinance for a period of
90 days and shall automatically expire at the end of such 90-day period unless
during the time of such period the ordinance is submitted for adoption in the
manner provided for non- emergency ordinances. Such ordinances may not levy
taxes: grant, renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
money; enact or amend a land use plan: or rezone private real property.
Emergency ordinances shall become effective upon passing or at such
other date as shall be specified in the ordinance.
Section 2.10. Authentication, recording and disposition of charter
amendments, ordinances and resolutions.
(a) Authentication. The mayor commissioner and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the
council~ and In addition, 'It/hen charter amendments h3vo been approved at
referendum,.:. tho mayor commissioner and tho city clerk shall authontic3te by
their signatures tho charter amendment.
(b) Recording. The city clerk shall keep properly indexed records in
which shall be recorded, in full, all ordinances and resolutions passed by the
council commission. Ordinances shall periodically be codified. The city clerk shall
also maintain the city charter in current form 3nd sh311 enter all charter
amendments. A copy of the charter and any amendments thereto shall be sent to
the secretary of state.
(c) Availability of Public Records. The council commission shall, by
ordinance, establish procedures for making all resolutions, ordinances, technical
codes adopted by reference, and this charter available to the people of the city
for public inspection and available for purchase at a reasonable price to cover the
cost of reproduction.
ARTICLE III.
ADMINISTRATION
Section 3.01. City manager.
The city manager shall serve as the chief administrative officer and chief
executive officer of the city. The city manager shall be appointed on the basis of
administrative qualifications, experience, and training. The city manager need not
be a resident of the city or state at the time of appointment, but shall establish
and maintain residency within the city within one year after the appointment. The
city manager shall be responsible to the council for all city administrative affairs.
Section 3.02. Appointment; removal; compensation.
(a) Appointment. The council commission shall appoint a city manager
by an affirmative vote of four council commission members. The city manager
shall hold office at the pleasure of the council commission.
(b) Removal. The council commission may remove the city manager by
an affirmative vote of four council commission members or a majority of the
council commission members at two separate meetings held at least two weeks
apart. Upon request by the city manager, a public hearing will be held prior to a
vote to remove the city manager.
(c) Compensation. The compensation of the city manager shall be
fixed by a majority of all the council commission members.
(d) Acting city manager. By letter filed with the council commission, the city
manager shall designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. This designation shall be limited to a period of
60 days. At the expiration of this period, the council commission shall appoint an
interim or new city manager in accordance with the provisions of this charter.
Section 3.03. Powers and duties of the city manager.
The city manager shall:
(a) Appoint promote. aM suspend, demote, or remove any city
employees or appointive administrative officers under the city manager's
jurisdiction, except as may be otherwise provided by law. Such appointment,
promotion. suspension, demotion, or removal shall be in compliance with the civil
service law and other applicable rules and regulations.
(b) Establish or discontinue any city department, division or board in
the administrative affairs of the city, subject to council commission approval.
(c) Attend council commissiGR meetings and have the right to take part
in discussion, but not to vote.
(d) See to the faithful execution executive of all laws, provisions of this
charter, and acts of the council commission subject to enforcement by the city
manager or officers subject to the city manager's supervision.
(e) Prepare and submit to the council oommission in the form provided
by ordinance, the annual budget, a capital improvement budget, and a projected
capital improvement program for a minimum five-year period.
(f) Submit to the council commission at the first regular meeting in
September of each year and make available to the public a comprehensive
report on the financial condition and administrative activities of the city.
(g) Make such other reports as the council commission may require
concerning the operations of city departments, offices and agencies subject to
the city manager's supervision.
(h) Keep the council commission fully advised as to the financial
condition and future needs of the city and make recommendations to the council
commission concerning the affairs of the city.
(i) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
U) Develop and keep current an administrative code which sets forth
the organizational and operational procedures of the city government.
(k) Provide administrative assistance to the council commission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the council commission.
(I) Act as purchasing agent for the city.
(Ord. No. 6375-99, ~ 2, 1-21-99/3-9-99)
Section 3.04 City clerk.
The city manager shall appoint a city clerk, which appointment must be
confirmed by the council commission prior to becoming effective. The city clerk or
the offici31 ropresent3tivo desiqnee of the city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which
the city is a party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council commission and keep minutes of
its proceedings;
(e) Give notice of council commission meetings to its members and the
public;
(f) Perform such other duties as directed or required by law.
Section 3.05. Personnel system.
Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
merit and fitness demonstrated by examination or other evidence of competence
as provided by law.
ARTICLE IV.
CITY ATTORNEY; LEGAL DEPARTMENT.
*Code reference--Officers and employees generally, 9 2.261 et seq.
Section 4.01. City attorney, legal department.
There shall be a legal department, headed by the city attorney, operating
under the authority of and responsible to the council commission. The legal
department shall consist of the city attorney, assistant city attorneys, wReR
appointed =::md 3uthorized by the commission, and such other staff as the council
commission may authorize ffifest.
Section 4.02. City attorney, appointment, removal, compensation,
qualifications and duties.
(a) Appointment. The city attorney shall be appointed by the affirmative
vote of four council commissfeA members and may be removed by a majority of
the members of the council commission members voting f{)r removal. Upon
request by the city attorney a public hearing will be held prior to a vote to remove
the city attorney. The city attorney shall be a member in good standing of The
Florida Bar.
(b) Duties. The city attorney shall be the legal advisor to the council
Geffiffiission, the city manager and all city departments, offices and agencies.
When required by the city council commission, the city attorney shall prosecute
or defend, on behalf of the city, all complaints, suits and controversies in which
the city is a party; and shall prepare or review and approve as to form and legal
sUfficiency all contracts, bonds, and other instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law or
the city council commission.
(c) Absence. By letter, filed with the council commission, the city
attorney shall designate one or more assistant city attorneys to perform the
duties of city attorney during a temporary absence or disability. This designation
shall be limited to a period of 60 days. At the expiration of this time, the council
commission shall appoint an interim or new city attorney in accordance with the
provisions of this charter.
(Ord. No. 6375-99, 9 3, 1-21-99/3-9-99)
Section 4.03 Assistant city attorneys, special counsel.
(a) Assistants. The city attorney shall appoint as many assistant city
attorneys as authorized by the city council commission.
(b) Special Counsel. The council commission may employ special
counsel, outside of the legal department, who shall conduct such investigations
and perform such services as the council commission may direct and who shall
report directly to the council commission.
Section 4.04 Compensation.
The council commission shall determine the compensation to be paid to
the city attorney and special counsel. Compensation for the assistant city
attorneys shall be established by the city attorney and approved by the council
commission.
ARTICLE V.
RESERVED
ARTICLE VI.
INITIATIVE, REFERENDUM; RECALL
Section 6.01. Initiative.
The voters of the city shall have power to propose ordinances to the
council commission, and, if the council commission fails to adopt an ordinance so
proposed without any change in substance, to adopt or reject it at a city election,
provided that such powers shall not extend to the budget or capital program or
any ordinance relating to appropriation of money, levy of taxes, or salaries of city
officers or employees.
Section 6.02. Referendum.
The voters of the city shall have power to require a reconsideration by the
council commission of any adopted ordinance and, if the council commission fails
to repeal an ordinance so reconsidered, to approve or reject it at a city election,
provided that such power shall not extend to the budget or capital program, any
emergency ordinance, or ordinance relating to appropriation of money, levy of
taxes, or appointment or salaries of city officers or employees.
Section 6.03. Recall.
The voters of the city shall have the power to recall or remove from office
any elected official or officials of the city, for the reasons and in the manner set
forth in the General Laws of the State of Florida,and more particularly section
100.361, FleOOa-StatHtes, including any amendmeAts thereto.
Section 6.04. Commencement of proceedings.
Promptly after the affidavit of the petitioners' committee is filed, the clerk or
other official designated by the council commission shall at the committee's
request issue the appropriate petition blanks to the petitioners' committee at the
committee's expense.
Any five voters may commence initiative or referendum proceedings by
filing with the city clerk or other official designated by the council commission an
affidavit stating they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating their names and
addresses, specifying the address to which all notices to the committee are to be
sent, and setting out in full the proposed initiative ordinance or citing the
ordinance sought to be reconsidered.
Section 6.05. Petitions.
(a) Number of signatures. Initiative or referendum petitions must be
signed by voters of the city equal in number to at least ten percent of the total
number of voters registered to vote in the last regular city election.
(b) Form and content. All papers of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature shall be
executed in ink or indelible pencil and shall be followed by the address of the
person signing. Petitions shall contain or have attached thereto throughout their
circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of the circulator. Each paper of a petition shall have attached
to it, when filed, an affidavit executed by the circulator thereof stating: That the
circulator personally circulated the paper; the number of signatures thereon; that
all the signatures were affixed in circulator's presence; that the circulator believes
them to be the genuine signatures of the persons whose names they purport to
be; and that each signer had an opportunity before signing to read the full text of
the ordinance proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Completed referendum petitions
must be filed within 90 days after the effective date of the ordinance sought to be
reconsidered.
Section 6.06. Procedure to filing.
(a) Certificate of city clerk; amendment. Within 20 days after the initiative
or referendum petition is filed, the city clerk or other official designated by the
council commission shall complete a certificate as to its sufficiency, specifying, if
it is insufficient, the particulars wherein it is insufficient and shall promptly send a
copy of the certificate to the petitioner's committee by registered mail. Grounds
for insufficiency are only those specified in section 6.05 hereof. A petition
certified insufficient for lack of the required number of valid signatures may be
amended once if the petitioners' committee files a notice of intention to amend
with the city clerk or other official designated by the council Gemmission within
two working days after receiving the copy of the city clerk's certificate and files a
supplementary petition within ten days after receiving the copy of such certificate.
The supplementary petition shall comply with the requirements of subsections (b)
aHd (c) of section 6.05(b) and (c) hereof and within five days after it is filed the
city clerk or other official designated by the council commi~ shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a
copy of such certificate to the petitioner's committee by registered mail as in the
case of an original petition. If a petition or amended petition is certified
insufficient, or if a petition or amended petition is certified insufficient and the
petitioner's committee does not elect to amend or request council commission
review under subsection (b) of this section within the time required, the city clerk
or other official designated by the council commission shall promptly present the
certificate to the council commissioR and the certificate shall then be a final
determination as to the sufficiency of the petition.
(b) Council Commission review. If a petition has been certified insufficient
and the petitioner's committee does not file a notice of intention to amend it or if
an amended petition has been certified insufficient, the committee may, within
two working days after receiving the copy of such certificate, file a request that it
be reviewed by the council commission. The council commission shall within 30
days review and approve or disapprove it, and the council's commission's
determination shall then be a final determination as to the sufficiency of the
petition.
Section 6.07. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official
designated by the council commissioo, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
(a) There is a final determination of insufficiency of the petition, or
(b) The petitioners' committee withdraws the petition, or
(c) The council commission repeals the ordinance, or
(d) Tabulation of the ballots cast by the voters of the city on the
ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. Action on petitions.
(a) Action by council commission. When an initiative or referendum
petition has been determined sufficient, the council commission shall promptly
consider the proposed initiative ordinance in the manner provided in Article
article II or reconsider the referred ordinance by voting its repeal. If the council
commission fails to adopt a proposed initiative ordinance without any change in
substance within 60 days or fails to repeal the referred ordinance within 30 days
after the date the petition was finally determined sufficient, it shall submit the
proposed or referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred
ordinance shall be held not less than 90 days and not later than 150 days from
the date that the petition was determined sufficient. If no regular city election is to
be held within the period prescribed in this subsection, the council oommissieR
shall provide for a special election; otherwise, the vote shall be held at the same
time as such regular election, except that the council commission may in its
discretion provide for a special election at an earlier date within the prescribed
period. Copies of the proposed or referred ordinance shall be made available at
the polls.
(c) Withdrawal of petitions. An initiative or referendum petition may be
withdrawn at any time prior to the 15th day preceding the day scheduled for a
vote of the city by filing with the city clerk or other official designated by the
council commission a request for withdrawal signed by at least four members of
the petitioners' committee. Upon the filing of such request, the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
Section 6.09. Results of election.
(a) Initiative. If a majority of the voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as an
ordinance of the same kind adopted by the council commission except that It may
not be repealed until after the next regular city election. If conflicting ordinances
are approved at the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the voters voting on a referred
ordinance vote against the referred ordinance, it shall be considered repealed
upon certification of the election results and may not be reenacted in substance
until after the next regular city election.
(Ord. No. 6375-99, 9 4, 1-21-99/3-9-99)
ARTICLE VII.
GENERAL PROVISIONS
Section 7.01. Charter amendment.
(a) Initiation by ordinance. In addition to charter amendments
otherwise authorized by law, the council commiS&ioo may, by ordinance, propose
amendments to any part or all of this charter, except Article article I, section 1.
02, prescribing boundaries, and upon passage of the initiating ordinance shall
place the proposed amendment to a vote at the next general election held within
the city or at a special election called for such purpose.
(b) Initiation by petition.
1. The voters of the city may propose amendments to this charter,
except Article artlole I, section 1.02, prescribing boundaries, in the manner set
forth in Article artlole VI, section 6.05(a)--(c).
2. Upon certification of the sufficiency of the petition by the city
clerk, the council oommlssion shall place the proposed amendment to a vote of
the voters at the noxt general or special election held not less than 90 days nor
more than 150 days after certification.
Section 7.02. Chartor roview advisory committee.
The council commission shall appoint a charter review advisory committee
in January, 1994, and at least every five years thereafter and provided the
appointments shall be are made in January of a year preceding a city election.
The charter review advisory committee shall be composed of not less than ten
members. It shall review the existing charter and make recommendations to the
commission for revisions thereto.
ARTICLE VIII.
NOMINATIONS AND ELECTIONS
Section 8.01. Qualified voters.
Any person who is a resident of the city who has qualified as a voter of
Florida, and Pinellas County, and who registers in the procedural manner
prescribed by law, shall be a qualified voter of the city.
Section 8.02. Nonpartisan elections.
All nominations and elections for council Gommission shall be conducted
on a nonpartisan basis without regard for or designation of political party
affiliation of any nominee on any nomination petition~ Gf ballot or political
advertisement under the control of the candidate.
(Ord. No. 6375-99, S 5, 1-21-99/3-9-99)
Section 8.03. Form of ballots.
The council commission shall by ordinance prescribe the form of the ballot
and the method of conducting all elections of the city.
(a) Council commi6sion ballots. Candidates for seats on the council
Gemmi66ion shall be grouped according to the seat number for which they are
candidates. Within each group, names shall be placed on the ballot
alphabetically. No candidate may seek election to more than one seat in any
election.
(b) Charter amendment. A charter amendment to be voted on by the
voters of the city shall be presented for voting by ballot title. The ballot title of a
measure may differ from its legal title and shall be a clear, concise statement
describing the substance of the measure without argument or prejudice. Below
the ballot title shall appear the following question: "Shall the above described
(ordinance) (amendment) be adopted?" Immediately below such question shall
appear, in the following order, the word "yes" and also the word "no" with a
location thereafter to indicate the voter's choice.
Section 8.04. Nominations.
The names of candidates for council oommission shall be placed upon the
ballot by the filing of a written notice of candidacy with the city clerk at such time
and in such manner as may be prescribed by ordinance. The ordinance shall
require the payment of a qualifying fee in the amount of $50.00. The candidate
shall submit petition cards from not less than 250 city voters.
The qualifying fee and petition cards are to be received by the city clerk
not more than 60 days nor less than 46 days prior to the date of the election. The
notice must designate the number of the seat for which the candidate is seeking
election. All applications shall be accompanied by an affidavit that the candidate
is a voter of the city and has been a resident of said city continuously for at least
one year immediately prior to the filing of the notice of candidacy. Where only
one candidate qualifies for nomination to a seat on the council commission, then
no general election shall be held with respect to the seat and the candidate shall
be declared elected to the seat.
Section 8.05. Elections.
(a) Council oommissieA positions. All members of the city council
commission shall be elected at large. The candidate receiving the largest number
of votes among the candidates for that seat shall be elected.
(b) Regular elections. Regular city elections shall be held on the
second Tuesday in March of each year in which a council commission term
expires.
(c) Special elections. Special municipal elections may be called by the
council commission at any time for such purposes as are authorized by law.
(d) Canvassing board. The council commission shall meet as a
canvassing board within 24 hours after the closing of the polls in any municipal
election and shall canvass the election returns except when such election is held
in conjunction with an election conducted by Pinellas County, in which case
certification of the retums by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. Candidate vacancy.
If the death, withdrawal or removal from the ballot of a candidate occurs
after the end of the qualifying period and leaves fewer than two candidates for an
office, then the qualifying period shall be extended to the latest date on which a
name can be added to the ballot. If a name cannot be added to the ballot, the
remaining candidate shall be declared elected.
ARTICLE IX.
FISCAL MANAGEMENT PROCEDURES
The city's fiscal management procedure~ shall include provisions relating
to the operating budget, capital budget, and capital program and provide i
providing for hearings on the budget, capital budget. and capital program and the
amendment of the budget following adoption. The ordinance shall contain a
provision requiring that revenue bonds for projects in excess of one million
dollars be put to referendum with the exception of revenue bonds for public
health, safety or industrial development and revenue bonds for refunding.
ARTICLE X.
TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida legislature,
as amended by special law or otherwise, which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city. .
Section 10.02. Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent herewith with it, shall remain in force until repealed or changed as
provided herein.
Section 10.03. Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect
or impair the rights or privileges of persons who are city officers or employees at
the time of adoption. City council commission members shall continue to hold
their offices until their successors are elected.
Section 10.04. Pending matters.
All rights, claims actions, orders, contracts and legal or administrative
proceedings involving the city shall continue except as modified pursuant to the
provisions of the charter.
Section 10.05. Schedule.
(a) Effoctive date. i\rticle VIII of this charter shall take effect
immediately upon passage of this charter. Term limitE: as specified in Section
2.03 shall become effective for elections after 1994.
(b) Time of taking full effect. This charter shall be in full effect for all
purposes on and after approval by a majority of the electors voting in a valid
election to be called for such purpose, and upon being filed with the Secretary of
State.
Appendix A
That portion of city-owned land bounded on the north by the rioht-of-way of Drew
Street. on the east by the rioht-of-way of Osceola Avenue. on the south of the
rioht-of-way of Pierce Street. and on the west by the waters of Clearwater
Harbor. Iyino below the 28 mean sea level elevation. tooether with the followino
described tract: Beoinning at the northeast corner of section 16. township 29
south, ranoe 15 east. Pinellas County. Florida, and run thence west alono the
north line of said section. 1320.0 feet: thence south alono the west line of the
east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an
intersection with an easterly proiection of the centerline of Pierce Street: thence
south 89045'00" W alono the centerline of Pierce Street. 418 feet to an iron stake
set in a proiection of the west line of Osceola Avenue as extended across Pierce
Street: thence south 20 feet alono this proiection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue; thence south 88018'42" W
alono the south line of Pierce Street. 375 feet to the point of beoinnino: thence
continue south 88018'42" W, 270. 89 feet alono said south line of Pierce Street to
the east rioht-of-way line of Pierce Boulevard; thence south 19024'39" east alono
aforesaid east rioht-of-way alono a curve to the rioht. chord 157.24 feet. arc
157.41 feet. radius 980 feet: thence north 88018'46" east. 120.42 feet: thence
north 0014'32" west. 50 feet: thence north 88018'42",100 feet; thence north
0014'32" west, 99.80 feet to the point of beginnino less and except that portion of
the above described tract desionated for the Bandshell Site.
Appendix B
Beoinnino at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected
Map of Causeway Business District. accordino to the plat thereof as recorded in
Plat Book 57, Paoes 1 and 2, Public Records of Pinellas County, Florida, for a
POINT OF BEGINNING. said point being said Westerly rioht-of-way line of
Osceola Avenue: run thence S 01026'17" E, alono said Westerlv riQht-of-wav line
of Osceola Avenue, 224.38 feet, to the Northerly riQht-of-way line of Cleveland
Street; thence N 89058'26" W , alono said Northerly riaht-of-way line of Cleveland
Street. 403.55 feet; thence N 00000'15" W , alona a line West of the existina
Harborview Center Buildino, 217.30 feet: thence alonq a line Northerlv of said
Harborview Center Buildino the followinQ two courses, S 89058126" E, 187.20
feet: thence N 88007'14" E, 210.85 feet to the POINT OF BEGINNING.
::It 3 ob
ORDINANCE NO. 7237-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTIONS 2.01 (d)(4), 2.01 (d)(5) AND
2.01 (d)(6), WHICH PROVIDES FOR LIMITATIONS ON
COMMISSION POWERS RELATING TO CITY-OWNED REAL
PROPERTY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01 (d) of the City Charter be
amended as follows:
Section 2.01. Commission; composition; powers.
*****
(d) Limitations. The legislative power provided herein shall have the following limitations:
*****
(4) With the exception of maintenance or emergency dredging, or dredging
relating to those tRat portion~ of Dunedin Pass and Stevenson's Creek located within
the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards
below the mean high water line may be authorized only after a properly advertised
public hearing before the commission and approval at referendum.
*****
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five years, or
other transfer of any municipal real property, the council must
determine real property must be declared surplus and no longer
needed for municipal public use by the commission at an advertised
public hearing that such action serves the public interest. Except in the
case of right-of-way dedications, the granting of easements,
disposition of uneconomic remainders. or as otherwise provided in this
G charter transactions with govemmental entities as described herein,
no real property may be given away or donated without prior approval
at referendum.
(ii) Except as otherwise provided herein, where the council has
determined that sale of real propertv is in the Dublic interest as
provided in section 2.01 (d)(5)(i) herein. the real property declared
surplus shall be sold to the party submitting the highest competitive bid
at or above the appraised value whose bid meets the terms set by the
Ordinance No. 7237-03
I"..:
commission and whose proposed use of the property is in accordance
with the commission's stated purpose for declaring the property
surplus, if any.
(iii) Surplus r Real property may be transferred to another. governmental
entity for less than the appraised value after a findino by the council at
an advertised public hearing that the transfer serves a public purpose
haG been held and a finding by the commission of a valid public
purpose for the transfer.
(iv) Surplus r Real property may be exchanged for other real property
having a comparable appraised value upon a findina of the council at a
public hearino that such exchanoe serves the public interest.
(v) The council may donate real property to a non profit oroanization for
the construction of residential units upon a findino by the council at a
public hearino that such donation serves a public purpose.
Dill M No municipally owned real property which was identified as
recreation/open space on the city's comprehensive land use plan map
on November 16, 1989. or at any time thereafter (or as may be
amended thereafter), may be sold, donated, leased for a new use, or
otherwise transferred without prior approval at referendum, except
when the commission determines it appropriate to dedicate right-of-
way from. or easement over. ffem such property. Such
recreation/open space property may be leased for an existing use,
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi!) No right-of-way or public easement which terminates at, or provides
access to, the waters edge of a body of fresh or salt water may be
vacated for private benefit. Nothing contained in this section shall
prevent an easement for utility purposes from being exchanged for a
new easement for similar purposes or from converting a fee interest
for utility purposes into an easement for such purposes.
(viii) After a findino as provided in section 2.01 (d)(S)(i) herein the council
The commi&&ion may lease municipal real property for five year& or
le&& without declaring it surplus. Municipal real property declared
&urplus may be leased for a term up to 30 years pro\'ided, however,
nothing heFein shall preclude Fenewal of aAY lease for a maximum of
30 year&. Municipal property declaFed surplus may be leased for ~ aA-
iAitial-period of time or a Fenewal period exceeding 30 years, if
approved at referendum, but not to eXGeoEl60 yeaFS total. leases of
real property in an industrial park shall provide for continual use for
pri~Jate/publiG business purposes, shall provide a Feasonsble Fate of
return on the city's investment, and shall include a Fent eSGalation
clause. Nothino in this section shall preclude the council from enterino
into a new lease with the same tenant upon expiration of a current
2
Ordinance No. 7237-03
lease.
(vili) All leases of municipal reat-property shall contain recapturo and
reverter clausos.
(ix) When purchasing real property for less than $ 500,000.00250,000.00,
the council commission shall obtain an appraisal performed by city
staff or independent certified appraiser. If the purchase price of such
property equals or exceeds $ 500,000.00250,000.00 but is less than $
1,000,000.00 500,000.00, the council commission shall obtain at least
one appraisal by an independent certified appraiser. If the purchase
price of such property equals or exceeds $ 1,000,000.00500,000.00,
the council commission shall obtain at least two appraisals by
independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola Avenue,
east of Clearwater Harbor between Drew and Chestnut Streets, being
further described as in Appendix A~
That portion of city owned land bounded on the north by the right of way of Drew
Street, on the east by the right of way of Osceola ^'.'enue, on the south of the
right of way of Pierce Street, and on the west by the waters of Clearwater
Harbor, lying below the 28 mean sea level elevation, together with the following
described tract: Beginning at the northeast corner of section 16, township 29
south, range 15 east, Pinellas County, Florida, and run thence west along the
north line of said section, 1320.0 feet; thence south along the west line of the
east one half of the northeast one quarter of said section 16, 1526.16 feet to an
intersection with an easterly projection of the centerline of Pierce Street; thence
south 89045'00" \^lalong the centerline of Pierce Street, 418 feet to an iron stake
set in a projection of the west line of Osceola Avenue as extended across Pi8fGe-
Street; thence south 20 feet along this projection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue; thence south 88018'42" 'N
along the south line of Pierce Street, 375 feet to the point of beginning; thence
continue south 88018'42" 'N, 270. 89 feet along said south line of Pierce Street
to the east right of way line of Pierce Boulevard; thence south 19024'39" east-
along aforesaid east right of way along a curve to the right, chord 157.24 f.eet,
arc 157.41 feet, radius 980 feet; thence north 88018'46" east, 120.42 feet;
thence north 0014'32" west, 50 feet; thence north 88018'42", 100 feet; thence
north 0014'32" west, 99.80 feet to the point of beginning less and except that
portion of the above described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly
described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-way, lying
between the east abutment of the west bridge and the east line of Clearwater
3
Ordinance No. 7237-03
.
Harbor, and the submerged portions of Board of Trustees of the Internal
Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and
associated city-owned recreational facilities such as boat slips. docks.
dock master office. amphitheater. and associated appurtenances such as
city-owned parkino facilities. and public utilities together with associated
appurtenances, except upon a finding by the council commission at a
duly advertised public hearing that such development is necessary in the
interest of the public health, safety and welfare of the citizens of the city
and approval of such finding at referendum, conducted subsequent to the
public hearing. Anv such City owned parkino facility. other than surface
parkin!:). shall be located south of Cleveland Street. City oJ/med tennis
courts and associated appurtenances may be constructed and maintained
on such property south of Cleveland Street.
Section 2. A referendum election is hereby called and will be held on March 9, 2004,
at the general city election for the consideration of the voters of the City of Clearwater for
the proposed charter amendments. The questions to appear on the referendum ballot
reflecting the proposed amendment to the charter at the regular municipal election
scheduled for March 9, 2004, shall be as follows:
DREDGING OF STEVENSON'S CREEK
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance No. 7237-03 to exempt Stevenson's Creek from the requirement
that permits for dredging and filling in excess of 10,000 cubic yards below the
mean high water line be authorized only after referendum?
YES
NO
For amendment to City Charter
Against amendment to City Charter
FINDINGS PRIOR TO DISPOSITION OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(i), (ii), (iii), (iv), and (v) of the City Charter be
amended as provided in Ordinance No. 7237-03 to eliminate the requirement
that municipal real property be declared surplus and require that the
Commission determine at a public hearing that the sale, lease, donation, or
other transfer of municipal real property serves the public interest?
YES
NO
For amendment to City Charter
Against amendment to City Charter
4
Ordinance No. 7237-03
EASEMENTS
Shall Section 2.01 (d)(5)(v) of the City Charter be amended as provided in
Ordinance No. 7237-03 to allow the City to grant easements, in addition to rights-
of-way, over recreation/open space property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DONATION OF REAL PROPERTY
Shall Sections 2.01 (d)(5)(i) and (v) of the City Charter be amended as
provided in Ordinance No. 7237-03 to allow the donation of City-owned real
properties which are uneconomic remainders and to allow the donation of
City-owned real properties to non-profit organizations for the construction of
residential units?
YES
NO
For amendment to City Charter
Against amendment to City Charter
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Sections 2.01 (d)(5)(vii) and (viii) of the City Charter be amended as
provided in Ordinance No. 7237-03 to clarify the language; remove the 60
year cap on leasing of real property; require a referendum for leases which
have terms in excess of 30 years; and remove the requirement that leases
contain recapture and reverter clauses?
YES
NO
For amendment to City Charter
Against amendment to City Charter
APPRAISALS FOR PURCHASING PROPERTY
Shall Section 2.01 (d)(5)(ix) of the City Charter be amended as provided in
Ordinance 7237 -03 to raise the threshold for appraisals when the City
purchases property to require one appraisal if the purchase price is between
$500,000.00 and $1,000,000.00 and two appraisals if the purchase price
exceeds $1,000,000.00.
YES
NO
For amendment to City Charter
Against amendment to City Charter
5
Ordinance No. 7237-03
CITY-OWNED PUBLIC FACILITIES - DOWNTOWN WATERFRONT
Shall Section 2.01 (d)(6) of the City Charter be amended as provided in
Ordinance 7237-03 to allow the construction and operation of city-owned
recreational facilities such as boat slips, docks, dock master's office, and
amphitheater on the City-owned property generally bounded by Drew Street,
Osceola Avenue, Chestnut Street, and Clearwater Harbor and located below
the bluff; and allow the construction of a parking facility on that portion of the
property south of Cleveland Street?
For amendment to City Charter
Against amendment to City Charter
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 2004.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
U~~
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
6 Ordinance No. 7237-03
:;1 30 c~
ORDINANCE NO. 7238-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A PROPOSED
AMENDMENT TO THE CITY CHARTER AMENDING SECTIONS
2.03 AND 2.07; INCREASING THE TERM OF OFFICE FOR
COMMISSIONERS TO FOUR YEARS; REDUCING THE
DISQUALIFICATION PERIOD FROM ONE TERM TO TWO
YEARS FOR COMMISSIONERS WHO ARE DISQUALIFIED
FROM RUNNING BY TERM LIMITS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.03 of the City Charter be amended as
follows:
Section 2.03. Election and terms.
All commissioners, including the mayor-commissioner, elected prior to the reQular City
election in 2005, shall be elected for terms of three years. Terms shall overlap, with two
commissioners elected one year, and the additional two commissioners and the mayor-
commissioner elected the following year.
No person elected prior to 2005, who has, or but for resignation or forfeiture of office
would have, served as a commissioner for two consecutive full terms shall serve as a
commissioner other than mayor- commissioner durinQ fGF the succeeding two tRfee- year period
term. No person who has, but for resignation or forfeiture of office would have, served as
mayor- commissioner for two consecutive full terms, shall serve as mayor-commissioner or
commissioner for the succeeding two tRfee- year period tefm. Term limits &h:lll be affective for
each respective seat on tho d:lte of the next election for that se:lt after 1 QQ4.
All council members. includinQ the mayor. elected at the reQular City election in 2005 or
thereafter. shall be elected for terms of four years. Terms shall overlap. with two council
members and the mayor elected one year. and the additional two council members elected two
years later.
CommencinQ with the reaular City election in 2005. no person who has. or but for
resianation or forfeiture of office would have. served as a council member for two consecutive
full terms sh.all serve as a council member other than mayor durinq the succeedino two year
period. No person who has. or but for resianation or forfeiture of office would have. served as
mayor for two consecutive full terms. shall serve as mayor or council member durino the
succeedino two year period.
Newly elected commissioners shall take office at the next commission meeting following
certification of city election returns.
Section 2. It is hereby proposed that Section 2.07 of the City Charter be amended as
follows:
Ordinance No. 7238-03
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
(a) Vacancies. The office of a commissioner shall become vacant upon the death,
resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture
to be declared by the remaining members of the commission.
(b)
member:
2.
3.
4.
(c)
2.
(613-:
Forfeiture of office. A commission member shall forfeit such office if such
1.
Lacks at any time during the term of such office any qualification for the office
prescribed by law, or
Is convicted of a felony or a crime involving moral turpitude, or
Fails to attend three ~ consecutive regular meetings of the commission, unless
such absence is excused by the commission, or
Fails to attend twenty-five percent of the regular meetings during a 12-month
period whether excused or not.
Filling of vacancies; vacancy in commissioner's seat.
1.
A vacancy on the commission should be filled by majority vote of the remaining
commission members within 45 3Q days after the vacancy. If the vacancy is not
filled within 45 days after it occurs. the appointment to fill it shall be made bv the
Governor of Florida. The person so appointed shall serve as a commissioner
until the next regular or special election. At such election, a commissioner shall
be elected to serve for the remainder of the unexpired term of office.
If the commission fails to fill such V:3c::mcy within 60 d:3Ys 3fter it occurs, :3
special election shall be c:3l1ed to fill the unexpired term.
Any person appointed to fill such a vacancy shall possess all the qualifications
required of a commission member by law.
(d) Extraordinary vacancies. In the event that all commission members resign or are
removed by death, disability, or forfeiture of office, the governor shall appoint an interim
commission that shall call a special election to be held within 90 days after the occurrence of
the vacancies. Such election shall be held in the same manner as the first election under this
charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of
permanent vacancies which make it impossible to assemble a quorum, then in such case the
governor shall appoint that number of commission members necessary to constitute a quorum
who shall hold office until the next regular or special election.
(e) Boards. The commission is empowered to appoint such advisory boards as it
deems appropriate and regulatory board(s) as may be established by law.
Section 3. A referendum election is hereby called and will be held on March 9, 2004, at
the general city election for the consideration of the voters of the City of Clearwater for the
2
Ordinance No. 7238-03
proposed charter amendments. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 9,
2004, shall be as follows:
LENGTH OF COMMISSION TERMS. DISQUALIFICATION PERIOD AND VACANCIES
Shall Sections 2.03 and 2.07 of the City Charter be amended as provided in
Ordinance No. 7238-03 to increase the term of office for Commissioners to four
years; to reduce the disqualification period from one term to two years for
commissioners who are disqualified from running by term limits; to provide for
filling of Commission vacancies by appointment of the Governor under certain
circumstances and other minor changes?
For amendment to City Charter
Against amendment to City Charter
YES
NO
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 2004.
Section 5. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
u~l
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
3 Ordinance No. 7238-03
~ Clearwater
()~ ?$
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:tF .3 3c<..
~
u
December 4,2003
Bill Jonson
Commissioner
TO: Clearwater Commissioners
FROM: Bill Jonson
SUBJECT: Pinellas County Metropolitan Planning Organization - Clearwater
Representation
The following additional information is submitted in support of my request to be
appointed to replace Commissioner Gray on the MPO.
I.
Synergy with other appointments:
a. Clearwater's representative to the PST A - should the Commission select
me to represent them on the MPO I would be representing the Clearwater
Commission and not PST A. I believe my experience on PST A would be
helpful in moving toward consensus on the governance issue, which
Commissioner Gray has worked.
b. PSTA's representative on the Transportation Disadvantaged's Local
Coordinating Board. I was recently elected Vice Chair of this advisory
board to the MPO.
c. Clearwater's representative on the Courtney Campbell Scenic Highway
Corridor Advocacy Group. In this role I have worked directly with the
MPO Executive Director, Brian Smith, and have developed a good
working relationship with him.
d. Florida League of Cities Transportation and Urban Affairs Policy
Committee Vice Chair. In this role, I am familiar with state transportation
policy issues. I am also Legislative Chair of the Suncoast League of
Municipalities - a position that facilitates regional advocacy.
e. Clearwater's observer on Senator Sebesta's Tampa Bay Regional
Commuter Rail study committee.
II.
Long term interests:
a. Adaptive Traffic Signalization - with the assistance of City staff, I have
obtained detailed knowledge of the proposed operating systems.
b. Context sensitive design - the FDOT recently has embarked on context
sensitive design principles for new roads within Florida. For over 10
years I was a director of Scenic America, one of the original proponents of
context sensitive design.
e
,54
Post Office Box 4748 Clearwater. Fl 33758..4748 · 112 South Osceola Avenue Clearwater, Fl33756
(727) 562-4050 Fax (727) 562..4052 wjonson@Clearwoter-n.com www.clearwoter.n.com
Equal Employmen/ and AII'"nollv. AcIIon EmplO','01