Loading...
10/17/2002is NOTE: 10/14/02 PRELIMINARY (WS) AGENDA & PAPER WORK THAT WAS IN PACKET INITIALLY BUT 'T'HEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. ACTION AGENDA COMMISSION MEETING Thursday, October 17, 2002 ITEM #1 -- Invocation - Reverend Jay Sloan, Church of the Nazarene ITEM #2 - Pledge of Allegiance - Mayor ITEM #3 - Introductions, Awards and Presentations a. Proclamation -- Clearwater Celebrates Diversity Month - October 2002 - Given b. Proclamation - Clearwater Jazz Holiday - 23`d anniversary - October 17 -- 20, 2002 -- Given c. Legislative Wrap-up reports for 2002 session: 1. Senator Donald Sullivan and Representative Gus Bilirakis - Given d. Neighborhood Awards for the Quarter - Given ITEM #4 - Approval of Minutes - Regular Meeting October 3, 2002 - Approved ITEM #5 - Citizens to be heard re items not on the Agenda Nicholas Fdtch thanked the Commission for their service. He suggested the city purchase the IMR property at Missouri and Cleveland to house the new main library and City Hall, freeing the bluff and waterfront property for redevelopment. PUBLIC HEARINGS ITEM #6 - Public Hearing and First Reading -- Ordinance #7022-02, Ordinance #7023-02 & Ordinance #7024-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) - Approved. Ordinances passed 1st reading. ITEM #7 - Public Hearing and First Reading - Ordinance #7025-02, Ordinance #7026-02 & Ordinance #7027-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 3145 Downing St. (Lot 10, Downing Subdivision In Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) Approved. Ordinances passed 1:t reading. ITEM #8 - Public Hearing and First Reading - Ordinance #7028-02, Ordinance #7029-02 & Ordinance #7030-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter In Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) Approved. Ordinances passed 1't reading. ITEM #9 - Public Hearing and First Reading - Ordinance #7031-02 & Ordinance #7032-02 - Land Use Plan Amendment and Rezoning for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft McciobMnts 1 10/17/02 of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007) Approved. Ordinances passed 1°' reading. Public Hearing - Second Reading Ordinances ITEM #10 - Ordinance 7020-02 Vacating South 5 ft of the 10 foot drainage and utility easement lying along the North property line of Lot 16, Countryside Tract 60. (Cheryl J. Dohrman and Kenneth R. Wood) V 2002-09 -- Ordinance adopted. ITEM #11 - Ordinance 7021-02 Vacating the 15-foot alley lying along the west property lines of Lots 11 and 12, Block 48, Mandalay Subdivision and vacate the 15-foot alley lying along the south property line of said Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue to a line 15 feet west of and parallel to the west property line of said Lot 12, subject to a drainage and utility easement over the full width thereof. (Epley Family Trust) V 2002-10. - Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-19) -Approved as submitted. ITEM #12 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1. Purchase vehicle fuel and related services during the contract period of December 1, 2002 through November 30, 2004 for $800,000 from Voyager Fleet System. ITEM #13 - Re-appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension Plan, for a term of two years (11101/02 - 11101104). PD ITEM #14 - Approve a three-year Interlocal Agreement with Pinellas County with two one-year extension options for the servicing of their recycling collection centers, the marketing of recyclables and the repairlmaintenance of collection center containers. SWIGS ITEM #15 - Award a contract to Westra Construction Corporation, Palmetto, FL in the amount of $611,750, for the 2002 Water Service Lines Replacements (99-0078-UT). PW ITEM #16 - Award a contract to Wharton-Smith, Inc, of Lake Monroe, FL for the 2000 Reclaimed Water System Improvements, Contract 2 - Pumping Stations Improvements (00- 0092-UT) in the amount of $1,082,000 which is the lowest responsive bid received in accordance with plans and specifications. PW . ITEM #17 - Approve a contract with Largo Area Housing Development Corporation to sell surplus real property legally described as HARVEY PARK SUB, Blk B, Lots 1 through 12, for $70,000, subject to all terms and conditions of said contract. PW ITEM #18 - Reappoint Sheila Cole to the Municipal Code Enforcement Board. CL.K ITEM #19 - Appoint J.B. Johnson to the Aircraft Noise Abatement Task Force OTHER ITEMS ON CITY MANAGER REPORT Mcc10b02.nts 2 10117/02 U-11-1 , . _. ITEM #20 - Adopt Resolution #02-49, approving the expansion of offerings as allowed under Section 125 of the Internal Revenue Code to Include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), subject to the drafting and approval of appropriate documents and meeting IRS requirements for approval and Implementation. HR - Approved. Resolution adopted. ITEM #21 - Pass Ordinance #7044-02, on first reading, amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. IA - Approved. Ordinance passed on 16t reading. ITEM #22 - Adopt Resolution #02-47 authorizing Supplemental Agreement #2, to include the completion of the Storm Water Management Plan In the existing JPA for the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark, increasing Department (FDOT) funding by $268.800 and decreasing Agency (City) funding by $95,300 for a net income of $173,500. MR - Approved. Resolution adopted. ITEM #23 - Municipal Code Enforcement Board -1 Appointment. CLK - Appointed Jay Keyes ITEM #24 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #25 - Other City Attorney Items - Authorized filing a cross-claim against Overstreet Paving Co. for damages Incurred because of Overstreet's failure to assume our defense in Ohio Casualty Co. v. Overstreet and the City. TEM #26 - City Manager Verbal Reports - None. ITEM #27 - Other Commission Action: a) City Manager Salary Adjustments - Salary Increased 8.3% to $130,00/year and annual general leave increased to 800 hours. b) City Attorney Salary Adjustments - Salary Increased 4.3% to $120,000 and annual general leave Increased to 800 hours. Hibbard attended grand opening of new Marshall's Department Store on Drew at 8:00 a.m. this morning; encouraged everyone to attend Clearwater Jazz Festival and Clearwater Marine Aquarium, G, ray was sorry she missed grand opening of new Marshall's Department Store this morning. Attended groundbreaking for the new community sports complex last night and encouraged citizens to attend these types of events and bring their kids; encouraged citizens to enjoy Jazz Holiday. Jonson enjoyed seeing Homes of the Quarter pictures; complimented award winners and Neighborhood Services Committee and City Manager re the program; talked to one resort owner this afternoon who had no vacancies on Clearwater beach; appreciates the City Manager and City Attorney for what they have done this past year. Mcctabo2.nts 3 10117/02 Hamilton asked everyone to be patient with the heavy traffic expected downtown this weekend; ' encouraged citizens to enjoy stone crab delicacies at local area restaurants; wished his brother Ken a Happy Birthday. Au. ngst attended a birthday celebration for centenarians at Madison Glenn Assisted Living Facility on October 16; participated in the Community sports Complex groundbreaking on October 16; participated in the grand opening of Marshall's Department Store on Drew and US19; reminder Jazz Festival at Coachman park begins tonight and continues thru Sunday; town meeting at countryside went well last week; October 29 Is a public meeting re strategic visioning at Harborview Center at 6 pm; thanked City Manager and City Attorney for efforts last year. ' ITEM #287 Adjournment w 6:25 p.m. 'i ' III MW M02.nts 4 10/17/02 f i CITY OF C L E A R W A T E R r Interdepartmental Correspondence ` TO: Mayor and Commissioners FROM: Cyndie Goudeau, City Clerk SUBJECT: Follow,up from October 14, 2002 Work Session ? COPIES: William B. Horne, City Manager DATE: , October 15, 2002 In response to questions raised at the October 14 Work Session, the following answers' ' are provided in final agenda order: '•5 Item' #23 -- Municipal Code Enforcement Board appointment'- Frank Huffman is an architect., The categories for members currently on the board are: Realtor, Building Contractor, Business Person, Banker, Retired Federal Employee, and Retired Fire Fighter. 'k`' • • ;. •r 1. r t tl. M Cie , a arCity Attorney's Office Memorandum TO: Honorable Mayor and City Commissioners FROM: Pamela K. Akin, City Attorney RE: Ohio Casualty Co. V. Overstreet Paving Co. & City of Clearwater Case No. 02-2550-CI-11 DATE:' October 15, 2002 BRIEF SUMMARY: This case arose from the reconstruction of North Highland Avenue and a retention pond associated with that construction. Plaintiffs allege that the construction caused damage to their home which was located on property adjacent to the retention pond. The City's contract with Overstreet provides that Overstreet will assume the defense of the City and indemnify it against-claims of damage. Overstreet has refused to assume the City's defense. Authority is sought to file a cross-claim against Overstreet for damages incurred because of its failure to assume our defense in this case. PKA:d Copies: William B. Horne, II, City Manager .s ., ra Work sossion Itom 4: t L Z Clearwater City Commission Agenda Cover Memorandum Final Agonda Itom # Mooting Date: SUBJECT/RECOMMENDATION: o Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1576 Levcrn Street (Lot 5, and the East 13 feet of Lot 4, Block F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East); Owners: Jamar L. Parker & Tracy Anderson. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County Residential, Single, Family District (R-3) to City Low Medium Density Residential District (LMDR) for 1576 Levern Street (Lot 5, and the East 13 feet of Lot 4, Block F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) and PASS'Ordinances #7022-02, #7023-02 & #7024-02 on first reading. (ANX 2002-07008) ?x and that the ap rogriate officials be authorized to execute same. SUMMARY: This site is located at 1576 Levem Street, which is on the north side of Levern Street approximately 280 feet east of Wood Avenue and 540 feet north of Palmetto Street. The subject property is approximately 0.203 acres in area and is currently occupied by a single-family detached dwelling. The property is served by City water and no sewer service is required at this time. The purpose'of the annexation is to enable the applicants to receive City solid waste service. A Future Land Use Plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation complies with the criteria set forth in Pinellas County Ordinance No. 00-63 and does not create an enclave. Roviewed by: al n Le Into Snrc Originating Dept: PLANNING DEPARTMENT V Total Costs g NSA b ETIM S. UD Budget NIA Public NIA User Dept. Funding Source: Works Purchasing NIA DCM/AC NNING DEPARTMEN Current Cl FY Risk Mgmt NIA Other NIA Attachments OP _ ORDINANCES NOS. 7022-02, Other 7023.02 & 7024-02 STAFF REPORT Submitted by: ®± ??y 13 None City Manager A ro nation Code: Printed on recycled paper SeY• 2/08 u - ANX 2002-07008 Jamar & Tracy Anderson Page 2 This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County stuffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The ,Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent, with the Comprehensive Plan. i • The potential range of uses and the specific proposed use are compatible with the surrounding area. .y • . Sufficient public facilities are available to serve the property. :°r: • The applications will not have an adverse impact on the natural environment. Please refer to the attached report for the complete staff analysis. The Community, Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002-and unanimously recommended approval. 4 f1 g?. STlanning Department\City Commission\CCANX agenda w0021CCANX 2002-07008 -lurnar & Tracy Anderson - 1576 Levern Street.doc 9 2 ORDINANCE NO. 70.22.02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET' NORTH OF PALMETTO STREET, CONSISTING OF LOT 5 AND THE EAST 13 FEET .OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 LEVERN STREET, 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 compliedwith 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 5, and the East 13 feet of Lot 4, Block F, Bonair Hills Subdivision, recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) 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, rightrrof-way and other dedications to the pubic, 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 Pinelbs County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. r 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 Ordinance No. 7022-02 W .. i 1]at 131d 1710 W 4 0 4 J Z C7 s Iml ,±(y CAI] Fl OLL ........_...? 1.....?LyI P I? 81 W 1! THIS IS NOT A Su Ev 8T l •r4 1. kill a a a x ? X +r r+ C u1T u1s f , :1 rr LONG W 4 vr1 CLAnK 1 - !lli,l? a s h 11 Y_1i._=LL n ? A BONAIR raps k ? ? ? A ? ? ? PALMETTO VII Ok0 oil f i' p S: ?' yt? wn I? D 125 250 500 WALNUT ST Feet ?,: Hf y ;: L2- PROPOSED I? ANNEXATION 0OWNERS: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Lavern Street PROPERTY SIZE (ACRES): 0.203 LAND USE PIN: 11129115110080100610050 FROM; R•3 Rooldentlal Law (RL) ATLAS PAGE: 270A TO: LMDR Rooldontial Law (RL) 1 3= Kl _ If, i i 0 • ST F - L -, I LEVERN ST 0 O 0 ir ST ro+, r>t X X JI ? ? :I ? y V01 W uo 9 a ,II na - Ito c? % 0 \I'Iwr+u1+y11.I+?11u,4n1+{'I1II1Annt1?Il,wu 1'?y Mol-004)(N111111471MON 1STf.14,,,ntir?AYtiI'X!vlAI'lYlllf Ordinance No. 7022-02 .e ORDINANCE NO. 7023-02 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 LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET NORTH OF PALMETTO STREET, CONSISTING OF. LOT 5 AND THE EAST 13 FEET OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 LEVERN STREET, 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: Prope Land Use Cate-go Lot 5, and the East 13 feet of Lot 4, Block F, Residential Low Bonair Hills Subdivision, recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) 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. 7022-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to far Leslie K. Dougall-Sides .? Assistant City Attorney Brian J. Aungst . Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinanc© No. 7023.02 CG kCG m a I 0 z a .d cc z 4r c7 Q u U CARROLL Ci 0 LONG U u, CLARK R 7 a ' J LEVERN o O Q 3 BONAIR I R ST RU ST RU ST RL TT- ST L RU RU ST ]-?J THIS IS NOT A SURVEY L rL a a RU 0 L PALMETTO U R 0 155 310 620 WALNUT Feet I I 1 !u a OC a FUTURE LAND USE PLAN NEAP OWNERS: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING LAND USE FROM: R-3 (COUNTY) Residential Low (RL) TO: LMDR Residential Low (RL) PIN: 11129115110080100610050 ATLAS PAGE: 270A +nningDepaihtic it I\C'11MAmu- iat hm,\['A%vAl ap,NAINXIt KII-i1it Nils 1ti 1.1vN•rsiNt%IAnyimI.mI%r..puu Ordinance No. 7023-02 ORDINANCE NO, 7024-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 5, AND THE EAST 13 FEET OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 LEVERN STREET, 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 Zoning Districk Lot 5, and the East 13 feet of Lot 4, Block F, Low Medium Density Residential Bonair Hills Subdivision, recorded in Plat Book (LMDR) 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) 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. 7022-02. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: f Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissloner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7024.02 cc ,ans ,?? xs N , C ,300 1x7, IY 130 1 "" THIS IS N OT A CARRO LL ST SURVEY ,s1o ? ? a r $ s _ r7 IM C2 1 Q V 1267 ST LONG 1771 w ? _ "a_ ? = a as ? r3 ? u ,21 120, a 17ri 1517 y ~r CLARK ST 29 n w - r a a ,7tf 1 W > 120 r S. 111 cs n 1700 1741 X N ` LEVERN ST i 1100 Y. - D ..J C7 1,1! n 0 a 1141 st 4 _ "a 1141 _ S a BONAIR ST loos St - A ,4tr » _ _ - x ? R 8 $ S .Irl t 1 y p p -R 3 x - - 100, PALMETTO iIS 910 415 ? ?a ?? x? 91S L D.R L;j 0 12Z WALNUT st u? ns a ? i12 : we L 11 ST ZONING MAP OWNERS: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING FROM: R-3 (COUNTY) LAND USE Residential Low (RL) PIN: 11129115110080100610050 TO: LMDR Residential Low (RL) ATLAS PAGE: 270A 5:\111mudng DepartmenOC D H\Anneuadnni\Casr &iy0ANX2q[12•07fK18 1576 Loer,7 SiVONINGMAP.PUIi Ordinance fro. i024-02 ¦: ,. . CDB Meeting Date:,. September 17, 2002 Casc Number: ANX 2002-07008 Agenda Item: CC1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: Jamar L. Parker &. Tracy Anderson APPLICANT: Jamar L. Parker & Tracy Anderson LOCATION: 1576 Levern Street, located on the north side of Levern Street, approximately 280 feet cast of Wood Avenue and 540 feet north of Palmetto Street. REQUEST: To annex the property into the City of Clearwater at the request of the property owners and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: 8,857 square feet or 0.203 acres. DIMENSIONS OF SITE: 85.46 feet wide by 103.64 feet deep. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: Single-family residential. Single-family residential. Residential Low (RL) Residential Low (RL) R-3 -- Residential, Single-Family District (County) LMDR- Low Medium Density Residential ILE Staff Report - Community Development Board - September 17, 2002 -- Case ANX 2002-07008 - Page 1 EXISTING SURROUNDING USES: ANALYSIS: North: Single-l:aunily residential South: Single-family residential East: Single-family residential West: Single-family residential This site is located at 1576 Levern Street on the north side of Levcrn Street, approximately 280 feet east of Wood Avenue and 540 feet north of Palmetto Street, Tile subject site is approximately 0.203 acres in size and is occupied by. a single-family detached dwelling. The property owners have requested this annexation- in order to receive garbage collection service from the City. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of Low Medium Density Residential (LMDR). A. IMPACT ON CITY SERVICES: Water and Sewer: The City of Clearwater has been providing water service to the subject property since 1985 and capacity for this utility continues to be available. The property is currently served by a new septic tank, which was installed in July 2002. Records from the Department of Health Onsite Sewage Disposal System and Site Evaluation System & Specifications indicate that the subject property size conforms to both the site plan and with the total estimated sewage flow of 200 gallons per day approved for residential buildings. In order to obtain sewer service, a sewer line would need to be extended from the closest manhole to the property, which is located in the Wood Avenue right-of-way approximately 450 feet away. The estimated cost to extend service is $42,000.00 - $50,000.00 and at this time, the City has no sewer extension plan for this area. The applicants are aware of the cost of future extension and connection of sewer service; however, with the new septic system recently installed by the applicants, it is unlikely they will consider extending service to this property in the near future. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the Patrol District 3 Substation located at 2851 McMullen Booth Road. There are currently 51 patrol officers, 6 patrol sergeants and a lieutenant assigned to this district. Community policing Staff Report - Community Development Board - September 17, 2002 - Case ANX 2002-07008 - Page 2 service will be provided through the Cily's'zone system and officers in the field. The Police Department will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station 1147 located at 1460 Lakeview Road. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Low. The intent of this category is to recognize areas where use and development characteristics are low density residential in nature. Residential uses are the primary uses in this plan category up to a maximum of five (5) dwelling units per acre. Other permissible uses in the Residential Low plait category include Public/Semi-Public uses, schools, and ancillary non- residential'and Recreation/ Open Space uses. The annexation does not propose to change the Residential Low plan category and the proposed use is consistent with the uses and density of this category. Further, the annexation promotes infill development as stated in Objective 2.4 of the Future Land Use Plan: 2.4 Objective - In considering extension of service and facilities, Clearwater shall actively encourage Infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE. AND C11'Y REGULATIONS: As stated earlier, the application for annexation involves an existing single-family dwelling. Tile property is 85.46 feet in width and 8,857,07 square feet in lot area. The appropriate zoning district under the Community Development Code is the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and, a minimum lot area of 5,000 square feet are required for detached dwellings. The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code. Staff Report - Communily Developmr.nt Board - Seplember 17, 2002 - Case ANX 2002-07008 -- Page 3 D. CONSISTENCY WI'T'H Till:. COLINTVW1131? PLAN: There is no change requested in the Comin-eheEisive Plan category ofthe site, which will remain Residential Low. with a inaxlmum density of five (5) dwelling units per acre for the Residential Low plan category. E. CONSISTENCY WITH PINELLAS CO1JNTY AND-FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staff have reviewed this annexation and determined it complies with the ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is not contiguous with the existing City boundaries, However, it is determined that this property is consistent with and met the criteria of Pinellas County law pursuant to County Ordinance 00- 63, Section 6, Paragraph 1 of Subsection (b). The property is located within City of Clearwater planning area and will reduce an enclave that was in existence on the effective date of the County ordinance under reference. Moreover, the property does not involve a property that is subject to an existing annexation agreement, and does not provide the basis for annexing an adjoining property that is subject to an annexation agreement. In summary, the annexation of this property is consistent with Pinellas County law. F. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including water, solid waste, police, fire and emergency medical services without any adverse effect on the service level..The City of Clearwater has no sewer extension plan at this time for this area, however, the applicants recently installed a new septic tank in July 2002 and it is not likely the applicants will consider extending sewer service to this property in the near future. The proposed annexation and existing use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single-family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with the Pinellas County law with regard to voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request:. Staff Report - Community Development Hoard -- September 17, 2002 -- Case ANX 2002-07008 - Page 4 Recommend APPROVAL of the annexation of the property located at 1576 Levcrn Strcct. . Recommend APPROVAL of the Residential Low category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the Low Medium Density Residential (LNIDR) zoning; district pursuant to the City's Community Development Code. f „• Prepared,by Planning Department "Staff:. [ Etim S. Udoh;'Senior Planner l 'Attachments: Application ' Aerial Photograph of Site and Vicinity. ° Location Ma Proposed Annexation' ` Proposed Annexation Future Land Use Map _= 3 Zoning Map f Surrounding Uses Map Site Photographs S ' y j SAPIanning MpartmentlC D F3Wm'cxa1ions\ANX - 20021STAVI It1?0 I:tiIANX 2002.05008 1576 ' IV Staff Report -- Community Development Board - September 17, 2002 -- Case ANX 2002-07008 - Page S i LOCATION MAP OWNERS: Tamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING FROM: R-3 (COUNTY) LAND USE Residential Low (RL) PIN: 11129115110080100610050 TO: LMDR Residential Low (RL) ATLAS PAGE: 270A SAPIanningArpirunenr\CD11\Annr%At1mACawJ+lalr\AN X?042.0700!11S76Lr%urn 51\1.0CATI NMAP/drub AERIAL PHOTOGRAPH OWNERS: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING LAND USE PIN: 11129/15110080100610050 FROM: R-3 (COUNTY) Residential Low (RL) ATLAS PAGE: 270A TO. LMDR Residential Low (RQ ,% ? 111mutingI).juru..Pit .I, D11.AtisIt'% Inim,?IL ..-..E.•Nx:?um ,oliim iti.r.i.t.•III%I ...•i.uJ.".1.l.uu t7o, ,,,. F.] W Q 1271 ,1f, 1201 S z a J Y 1705 1701 1705 CARROLL ST a a a ? - .x ,xra O n,1 1215 r y THIS IS NOT A SU HEY ,rrs LONG W ST - 121 - (?. 1225 I ILI -? CLARK SST ng a ami y sx k esta a• LEVERN ?i ST CO 7 R - x "a x x a loos ? a ? ? s st z ? ? a a pis nv 125 250 -4- reet C6} n, s - C -W e id- n is „vt 's w,s BONAIR ST s I ton 1 3- 11 "x :: I - $ PALMETTO 5+s as xx xx 012 sot Ouu WALNUT ST EXISTING SURROUNDING USES FFROM: S: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 76 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING LAND USE PIN: 11129115110080100610050 R-3 Residential L ow (RL) ATLAS PAGE: 270A LMDR Residential Low (RL) 1 k„ 1; p l ,_.,.I I [ ,rol °w s ? "a `a "s_ >i 501 x ? 9 g ° 500 I?uulu? hrl,+rtmrnllC I7 1L1AnnH atln„m\CaK- A1jp+\ANX2002•0700M I S76 Lclun 565LIAROIINPINQ LISFS.luh a+ O ti C.n O .+C O O 3 v a? c °o 3 as a «=E O O (ll 00 C) 0 v r- o o C) Llr) r ..4 ? ?- f, Clearwater City Commission Work session Item #: 1` Agenda Cover Memorandum Final Agenda Item # Meeting Date: SUBJECTIRECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 3145 Downing Street (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East); Owners: Laureno Tavares & Maria Tavares. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from County Residential, Single Family District (R-3) to City Low Medium Density Residential District (LMDR) for 3145 Downing Street (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) and PASS Ordinances #7025-02, #7026-02 & #7027-02 on first reading. (ANX 2002-07009) 0 and that the a pro riate officials be authorized to execute same. SUMMARY: This site is located at 3145 Downing Street, which is on the south side of Downing Street approximately 590 feet east of McMullen Booth Road and 570 feet west of Bayshore Boulevard. The subject property is approximately 0.33 acres in area and is currently occupied by a single-family detached dwelling. The property is served by City water. The purpose of the annexation is to enable the applicants to receive City sanitary sewer service. The closest sewer line is located in the Downing Street right-of-way and the capacity for the project is available for this utility. The applicants have paid the required impact fee and are aware of the additional cost to extend sewer service to the property. A Future Land Use Plan designation of Residential Urban is proposed along with a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. Reviewed l fo Srvc I Originating Dept: PLANNING DEPARTMENT Total Costs Lega W n NIA `-' ETIM S. U O V Budget NIA Public NIA User Dept. Funding Source: Works Purchasing WA DCMIACM -PLANNING DEPARTME T Current Cl FY Risk Mgmt NIA Other NIA Attachments OP ORDINANCES NOS. 7025.02, Other 7026.02 & 7027.02 STAFF REPORT Submitted by: . city manager A4,.-? ? None Approp riation Code: Printed on recycled paper Rev. 2MB ANX 2002-07009 Lurureno & Muria Tavares Page 2 • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council {PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63; Section 7(1-3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: =; 5 • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. . • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Please refer to the attached report for the complete staff analysis. The Community Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. T. Wlanning DepartmentWity Commission\CCANX agenda 20021CCANX 2002.07009 -Laureno & Maria Tavares -- 3145 Downing Street.doc s r 2 ORDINANCE NO. 7025-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH ROAD AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, 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 10. Downing Subdivision, recorded In Plat Book 26, Page, 79, Public Records of Pinellas County, Florida. together with the following described parcel: Begin at the Northeast comer of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being in Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) 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 Cleric 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 Cleric shall file certified copies of this ordinance, including the map attached hereto, with the Cleric 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 Ordinance No. 7025-02 1.. a . PROPOSED ANNEXATION S: Laureno & Maria Tavares CASE: ANX 2002-07009 45 Downing Street [ PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN: 16/29/16122410100010100 R-3 Residential Urban (RU) OM: ATLAS PAGE: 292A LMDR Residential Urban (RU) S:\[,I+nning hrparimmOC D0%Amlrxj1kmr\C&w Ma141ANX2002.67001 1145 DumningSt%ANNE RATION MAP,I'UU Ordinance No. 7025-02 ORDINANCE NO. 7026-02 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 DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF' LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro a Land Use Cate go Lot 10, Downing Subdivision, recorded in Plat Book Residential Urban 26, Page 79, Public Records of Pinellas County, Florida, together with the following described parcel: Begin at the Northeast comer of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being In Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) 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. 7025-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING Ordinance No. 7026-02 ku 0 m RIOL r 0 0 m KENTUCKY AVE z w J J D U CG 0. 125 250 5L Feet BLVD 0 m P W 0 CG I FUTURE LAND USE PLAN MAP OWNERS: Laureno & Maria Tavares CASE: ANX 2002-07009 SITE: 3145 Downing Street PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN: 16129116122410100010100 FROM: R-3 Residential Urban (RU) TO: LMDR Residential Urban (RU) ATLAS PAGE: 292A r- THIS IS NOT A N SURVEY li 1 _ 1 1 U ! I ? - P 1 , , RLM Ru s;\pi11111k„g prpA mnrm\C 17 p\AOl)CXAIIIIIII\Carl'AtAll %ANX2002.07009 1345 Du«„ulg SI\LANU USE MAP Ordinance NO. 7026-02 ORDINANCE NO. 7027-02 x .e 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 DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH ROAD AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, 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: Pro e Lot 10, Downing Subdivision, recoeded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida, together with the following described parcel: Begin at the Northeast comer of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being in Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) Zonin 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. 7025-02. PASSED ON FIRST READING ordinance No. 7027-02 .. e E ZONING MAP OWNERS: Laureno & Maria Tavares SITE: 3145 Downing Street ZONING LAND USE FROM: R-3 Residential Urban (RU) TO: LMDR Residential Urban (RU) CASE: ANX 2002-07009 PROPERTY SIZE (ACRES): 0.33 PIN: 16/29/16/224101000/0100 ATLAS PAGE: 292A S,lj,1Ar. g0cpamsim .'1)111An1c¦a1tmACa%,MaIMANKIMIX71XV)JHS(hm-WrigShLAN!)EIEAIAP Ordinance No. 7027'-02 CDB Meeting Date: Somber 17, 2002 Case Number:. 'ANX 2002-07009 Agenda Item : CC2 rr ' ' CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT i BACKGROUND INFORMATION: OWNERS: Laureno B. Tavares & Maria H. Tavares APPLICANTS: Laureno B. Tavares & Maria H. Tavares LOCATION: 3145 Downing Street, located on the south side of Downing Street,- approximately 590 feet east of McMullen Booth Road and 570 feet west of Bayshore Boulevard. REQUEST: To annex the properties into the City of Clearwater at the request of the property owners and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: DIMENSION OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: -ZONING DISTRICT: Current District: Proposed District: 14,250 square feet or 0.33 acres. 114 feet wide by 125 feet deep. Single-family residential. Single-family residential. Residential Urban (RU) Residential Urban (RU) R-3 - Residential Single-Family District (County) LMDR- Low Medium Density Residential Fla r Staff Report -- Community Development Board - September 17, 2002 - Cuse ANX 2002-07009 -- Page t EXISTING SURROUNDING USES: ANALYSIS: North: Single-family residential South: Multi-family residential (Trade Winds) East: Single-family residential West: Single-family residential The subject property is located at 3145 Downing Street which is on the south side of Downing Street, approximately 590 feet cast of McMullen Booth Road and 570 feel west of Bayshorc Boulevard. The applicants arc requesting this annexation in order to receive City sewcr service. The property is contiguous with the existing City boundaries to the north, south and west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.33 acres in size and occupied by an existing single-family detached dwelling. It is proposed that the properties have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). A. . IMPACT ON CITY SERVICES: Water and Sewer: The applicants are currently receiving water from the City. Sewcr service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer line is located in the Downing Street right-of-way. The sewer impact fee of $900.00 was paid by the.applicants on July 19, 2002. The applicants are aware of the additional cost to extend sewer service to the subject site, which is estimated to be $800.00, and for the utility deposit for this existing home. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County.'s Resource Recovery Plant and capacity is available to serve the property. Police: The proposed annexation is located within Patrol District 3 in which there are currently 51 patrol officers ,and G patrol sergeants and a lieutenant assigned to this District. Tile District Station is located at 2851 North McMullen Booth Road. Community policing service will be provided through the City's zone system and officers in the field. The Police Department will be able to serve this property and the annexation will not adversely affect police service and response time. Staff Report -- Community Development Board - September 17, 2002 - Ciise ANX 2002-07009 -- Pagc 2 a, Fire and Emergency Medical Services: Fire and emergency 'medical services will be provided to these properties by Station #49 located at Sky Harbor Drive and Gulf to Bay Boulevard, The Fire Department will be able to serve these properties and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: The Pinellas County Comprehensive Plan and the County,"vide Plan designate the site as Residential Urban. (RU). It is the purpose of this plan category to depict those areas of the County that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of seven and one- half (7.5) dwelling units per acre. Secondary uses include residential equivalent, institutional, transportation/utility, ancillary non-residential and recreation and open space uses. The annexation does not propose to change the Residential Urban (RU) plan category and the proposed use is consistent with the uses' and density of this plan category. Further, the annexation promotes infill development as stated in Objective 2,4 of the-Clearwater Future Land Use Plan: Objective - In'considering extension of service and facilities, Clcarwater shall actively encourage infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: As stated earlier, the application for annexation involves an existing single-family detached dwelling. The property is 114 feet in width and 14,250 square feet in lot area. The appropriate . zoning district under the Community Development Code is the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required, The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code. Staff Report - Community Development Board - September 17, 2002 - Case ANX 2002-07009 - Page 3 {.1:s D. CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan categories of the site, which will remain Residential Urban (RU) with a maximum density of seven and one-half (7.5) units per acre for the Residential Urban plan category. E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staff have reviewed this annexation and determined it complies with the ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the north, west and south and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this' property is consistent with this standard and no new enclave will be created. In summary, the annexation of this property is consistent with Florida law. F. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: . The proposed annexation can be served by City of Clearwater services, including sewer, water, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicants paid the applicable sewer impact fee of $900.00 on July 19, 2002 and they are also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistenf with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single-family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request, Recommend APPROVAL of the annexation of the property located at 3145 Downing Street, Staff Report -- Community Development Board - September 17, 2002 -- Case ANX 2002-07009 -- Page 4 Recommend'' APPROVAL of the : Residential' Urban category pursuant to the.: City's Comprehensive Plan. Recommend APPROVAL of the Low. Medium Density Residential. (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by Planning Department Staffy ' Lim S. doll, Senior Planner , Attachments: Application i. '? , •• Aerial Photograph of Site and Vicinity Location Map. Proposed Annexation Future Land Use Map' f Zoning Map ;. Surrounding Uses'Map' i Site Photographs SAPfanning Departmcnt\C D MAim"ationAANX = 20U21.5TAr1 KGPORTMANX 2002-07009 -3145 Dooming Strcct - Laurens & Marin Tovares.doc !3 Staff Report - Community Development Board - September 17, 2002 - Case ANX 2002-07009 •- Page 5 V a HQRDFAJ LA x Lu ? F- O Q DREW ST ? aq j z L.LI w r.? PROJECT SITE z F- a? ? x V w ce ac ? d o.. ?- d GULF TO BAY -BLM c4 q .4 ]LOCATION MAP OWNER: Laureno & Maria Tavares CASE: ANX 2002-07009 SITE: 3145 Downing Street PROPERTY SIZE (ACRES): 0.33 ZONING FROM: R-3 TO: LMDR LAND USE Residential Urban (RU) Residential Urban (RU) PIN: 16/29/16/22410/000/0100 ATLAS PAGE: 292A ti: \Nlmnu?g lh p+r?nn w\C [7 H\Anne%41hwu\VA-- A1Ap.\ANY11A1l-07(X)9 1145 Ni"Ong SA LOCATION AfAP AERIAL PHOTOGRAPH OWNERS: Laureno & Maria Tavares CASE: ANX 2002-07009 SITE: 3145 Downing Street PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN: 16/29/16/22410/000/0100 FROM: R-3 Residential Urban (RU) ATLAS PAGE: 292A TO: LMDR Residential Urban (RU) t.\PI'm I III I,, D. l l I. It 111 l lit" ( ? IY II' Ntlllfl.lt 11 lh ("k, I. .M II•', IN VI)1l> 11;1111') 114 i IIn 1\I1VP- \1 I.II't 111 II111- N THIS IS NOT A SURVEY 111 1 41 1111 A f1% 'R 13 rz 1$p Z 0 0 KENTUCKY AVE m Z W J V 1 r 1. 1 1 n' 1 6 8 ? X ? i - A J la m .s W :Mobitie home park 0 S .n c e. 'n g ks s n s; i ie i s s` x a a m - - - DOWNING ST .Sf ee >ot n i s? n tli ; as lai I iar I ;ru Itn ' 241 r 1 `? _ ?u la+ = J?'?ur4L i?aTN. 233i 17zro :su Is ' .. Residential ?... L. _,..., 01-ade ?Yinds) ......... Ire { br .,,?; . IA3 I ; = S Ion I L"'= e 0 125 250 50D R ? Feet GULF TO ^ SAY BLVD EXISTING SURRI' UNDING USES NERS: Laureno & Maria Tavares CASE: ANX 2002-07008 : 3145 Downing Street [ PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE plN: 16/29/16/22410/000/0100 M: R-3 Residential Urban (RU) FR ATLAS PAGE: 292A LM DR Residential Urban (RU) 5.\k'lumlug DVII+rt,9C9t1C D MAnue++u1M1+\C+M• A1+I,.\ ANNIM2.67t1YY1 {1x5 hnwnu,p tit\ANtiI[YA'I'knN At4P.k'lkki y 4] 0 0 a? 0 y 0 0 y a? O C ? N O ? Q p o d- ? M $ I i Work session Itorn ##: PLO Clearwater City Commission Final 9 ' -`- ? Agenda Cover Memorandum Agenda Item ## Mooting Date: 1 n-.t 7-n? SUBJECT/RECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 321 Elizabeth Avenue (North 100 feet of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof); Owner: Nancy Wasilewski. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from County Agricultural Estate Residential District (A-E) to City Medium Density Residential District (MDR) for 321 Elizabeth Avenue (North 100 feet of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof) and PASS Ordinances #7028-02, #7029-02 & #7030-02 on first reading. (ANX 2002-07010) 0 and that the appropriate officials be authorized to execute same. SUMMARY: This site is located at 321 Elizabeth Avenue, which is on the east side of Elizabeth Avenue approximately 450 feet north of Gulf-to-Bay Boulevard and 420 feet cast of David Avenue. The subject property is approximately 0.31 acres in area and is currently occupied by an existing mobile home that was built in 1948. The applicant proposes'to demolish this existing structure and construct a new duplex with a total area of 3,390 square feet following this annexation. The purpose of the annexation is to enable the applicant to receive City sanitary sewer service. The closest sewer line is located in the Elizabeth Avenue right-of-way and the capacity for the project is available for this utility. The applicant has paid the required impact fee and is aware of the additional cost to extend sewer service to the property. A Future Land Use Plan designation of Residential Urban is proposed along with a zoning category of Medium Density Residential (MDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. Reviewed by: al Le Into Srvc NIA Originating Dept: PLANNING DEPARTMENT Total Costs g ETIM S. UD Budget NIA Public NIA User Dept. Funding Source: Works Purchasing NIA ,CWACM PLANNING DEPARTMENT Current Cl FY Risk Mgmt NIA Other NIA Attachments OP ORDINANCES NOS. 70213-02, Other 7029.02 & 7030-02 STAFF REPORT Submitted by: •! ? None City Manager Approp riation Code: Printed on recycled paper Rev. 2198 ANX 2002-07010 Nancy Wasilewski Page 2 • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. t The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the } r boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. ' The Planning Department determined that the proposed land use plan amendment and. rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential'range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. 3 • The applications will not have an adverse impact'on the natural environment. Please refer to the attached report for the complete staff analysis. The Community Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. STIa.nning DepartmenACity Commission\CCANX agenda 20021CCANX 2002-07010 --Nancy Wasilewski 321 Elizabeth Avenue.doc 2 ORDINANCE NO. 7028-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 450 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST LESS THE WESTERLY 15 FEET, TOGETHER WITH ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 321 ELIZABETH AVENUE, 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: North 100 feet of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way Pinellas County, Florida. (ANX 2002-07010) 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 herelri upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cleric shall file certified copies of this ordinance, Including the map attached hereto, with the Cleric 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 Ordinance No. 7028-02 ..J U1 MDR ... OS/R L« L. D RSV r - - f C ] 1 / ................ I i- ,,,. .?...} 1 ..S 1 = r l . ?' IRT 0 MHDIR v - -, c //7 r ` J? ti. i / i MDR MHP O C D 0 250 500 1,0 ?Fget = t GULF TO BAY BLVD ., • --------------------- - )rLMDR ,: THIS IS NOT A SURVEY ?J ti Li ,I-MDR :s • M C PROPOSED ANNEXATION OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0,31 SITE: 321 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l, FROM: ZONING LAND USE A-E (County) Residential Urban (RU) PIN: 17129/16/000001130/2400 ATLAS PAGE: 291 B TO: MDR Residential Urban (RU) W 511'hno-tVvpx un,\CO6%Aancwkw'.LCaw•M&WAN XI(Q.070101111hnbe+6At.N406,%mipp.6 ORDINANCE NO. 7029-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 450 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST' OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST . QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST LESS THE WESTERLY 15 FEET, TOGETHER WITH ABUTTING RIGHT-OF-WAY WHOSE POST OFFICE ADDRESS IS 321 ELIZABETH AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and Is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: . pro a Land Use Category North 100 feet of the South 610 feet of the East Residential Urban 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way, Pinellas County, Florida. (ANX 2002-07010) 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. 7028-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes.. PASSED ON FIRST READING Ordinance No. 7029-02 .Rw. RM R/OS DREW r I it .`,? E 1 ................ .. .. 1 . ; IL ' FVQ -----•----• t T1U' `z l--------------- CG I L 0 250 500 1,0 Feet INS ST RLM RM UR106/R 1 -twill f ti GULL= TO SAY BLVD TIU r ..........-•; CG INS ,t ; " r;;. ?}ra , ? is ? !,,•' ?.---? i RM THIS IS NOT A SURVEY 0 C r, J u J IjRU ti... • f '??`• .`z CD C:3 CG INS RH FUTURE LAND USE PLAN MAP : Nancy Wasilewski CASE: ANX 2002-07010 F PROPERTY SIZE (ACRES): 0.31 1 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l. ZONING LAND USE PIN.- 17/29/161000001130/2400 OM: A-E (County) Residential Urban (RU) ATLAS PAGE: 291 B MDR Residential Urb an (RU) 5 1Y1+ru,m? Ihjw hu,M1C V 9\Aux,a,Iun,1C?r• hBp.\ANXl1M!l 117U10 !71 Lhrilrclh A,r%LANV 11,C mJj, end, ORDINANCE NO. 7030-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 450 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST LESS THE WESTERLY 15 FEET, TOGETHER WITH ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 321 ELIZABETH AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); 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: Pro e North 100 feet, of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way Pinellas County, Florida. (ANX 2002-07010) Zoning District Medium Density Residential (MDR) 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: 7028-02. PASSED ON FIRST READING Ordinance No. 7030.02 a PASSED ON SECOND AND FINAL READING AND ADOPTED , Brian J. Aungst i .. ' Mayor: Commissioner f i.. Approved as to form: Attest: Leslie K. Dougall Sldes Cynthia,E'. Goudeau ...Assistant City Attorney City Clerk ' '2 Ordinance No. 7030-02 FT `?r?.S?r.Xd; ••. r.a.?. aPl`^ ., .... . c ... ,_. .. ,. _. ..,.. ?_ ..v.. .a. , .w- ::? .;?1tItWI i. MDR OSIR ........... 1 I . C .... . - ! :• .............: 4`?• i s r 0 IRT =? 4 .. ,. ? 11 H?? r-+•?.? 1'S ? ? ti V -. 1 iA I ?+ 4 C -'t l ( Ic"1,,7)1 MHP !? d ??!: THIS IS NOT A r SURVEY i ; sJ ` fl MDR ri r r •? UJI ! 1, C GULF TG BAY BLVD - -- - ` C 0 0 +a R s 11.) L 0 250 Sao 1.00 4-1 Feat -- . . ....... -- 11 \01w, IX-.- .,. , . ZONING MAP OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0.31 SITE: 321 Elizabeth Avenue R.O.W SIZE (ACRES): 0.027 m.o.l. ZONING LAND USE PIN: 17129116100000113012400 FROM: A•E (County) Residential Urban (RU) ATLAS PAGE: 291 B T0: MDR Residential Urban (RU) r 11'6n+w+} IM p+? Ixn rd?t' IT M\hl,nf ?+I?rn+?C+uAI+In\AN%l141t U701?1 1! I t 6rdT?6 Mr\ZflNliili m+p ?,uN CDB Meeting Date:' September 17, 2002 Case Number: ANX 2002-07010 : Agenda Item: CC-3 . CI'T'Y OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT i BACKGROUND INFORMATION ' OWNER: Nancy Wasilewski f .'' APPLICANT: Nancy Wasilewski , LOCATION: 321 Elizabeth Avenue, located on the east. side of Elizabeth Avenue, approximately 450 feet north of Gulf-to-Bay Boulevard , and 420 feet east of David Avenue. { REQUEST: To annex the property into the City of Clearwater at the request of i the property owner, and approve the appropriate City land use plan ' category and zoning district. SITE INFORMATION PROPERTY SIZE: 13,500 square feet or 0.31 acres. DIMENSIONS OF SITE: 100 feet wide by 135 feet deep. PROPERTY USE: Current Use: Single-family residential (Mobile home). Proposed Use: Duplex. ' PLAN CATEGORY: ; ' Current Category: Residential Urban'(RU) Proposed Category: Residential Urban (RU) ' ZONING DISTRICT: Current District: A-E, Agricultural Estate Residential District (County) Proposed District: MDR- Medium Density Residential Staff Report - Conununity Develo 1 `' ° =' pment Board -Sep tcmber 17, 2002 - Case ANX 2002-07010-Page EXISTING SURROUNDING USES: North: South: East: West: ANALYSIS: Single-family residential Single-family residential Mobile home park Single-family residential &Duplex The subject property is located at 321Elizabeth Avenue, on the east side Elizabeth Avenue, approximately 450 feet north of Gulf=to-Bay Boulevard and 420 feet east of David Avenue. The subject site is approximately 0.31 acres and is occupied by an existing mobile home that was built in 1948. The applicant is requesting this annexation in order to receive City sewer service. The applicant intents to demolish this old dilapidated dwelling and construct a new duplex with a total area of 3,390 square feet. The property is contiguous with the existing City boundaries, to the east and west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of Medium Density Residential (MDR). A. IMPACT ON CITY SERVICES: Water and Sewer: The applicant is currently receiving water service from the City of. Clearwater. The City will provide sewer service for this property and capacity is available for this utility. The closest sewer line is located in the Elizabeth Avenue right-ofway. The applicant paid the sewer and water impact fees of $1,800.00 and $480.00 on August 2, 2002. The water impact fee is required due to the additional one unit, which will result from the construction of the duplex at this site. The applicant is also aware of the additional cost of approximately $300 to extend service to this property. The applicant will be responsible for this payment and for the utility deposit for the proposed duplex. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The proposed annexation is located within Patrol District 3 in which there are currently 51 patrol officers; G patrol sergeants and a lieutenant assigned to this District. The District Station is located at 2851 North McMullen Booth Road. Community policing service will be provided through the City's zone system and officers in the field. The Police Department will be able to serve this property and-the annexation will not adversely affect police service and response time. Staff Report - Community Development Board - September 17, 2002 -- Cass: ANX 2002-07010 - Pate 2 Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station #l49 located at Sky Harbor Drive and Gul f to Bay Boulevard. The City of' Clearwater provides water service on this street with a two (2) inch domestic water line. There arc no fire hydrants oil this street because the water line is too small; a six (G) inch line is required to support a fire hydrant. At present, fire-fighting tactics would require use of the water on the first fire engine to respond and the second arriving engine would establish the water supply at the closest fire hydrant located on the west side of the intersection of Gulf=to-Bay Boulevard and Elizabeth Avenue. The Fire Department will be able to serve this property as it currently does and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: The Pinellas County Comprelensive Plan and the Countywide Plan designate the site as Residential Urban (RU). It' is the purpose of this plan category to depict those areas of the County that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. Residentiai uses are the primary uses in this plan category up to a maximum of seven and one- half (7.5) dwelling units per acre. Secondary uses include residential equivalent, institutional, transportation/utility, ancillary non-residential and recreation and open space uses. The annexation does not propose to change the Residential Urban (RU) plan category and the proposed use is consistent with the uses and density of this, category. Further, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: Objective - In considering extension of service and facilities, Clearwater shall actively encourage infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: As stated earlier, the application for annexation involves an existing mobile home, which the, applicant intends to demolish to construct a duplex. The property is 100 feet in width and 13,500 square feet in lot area. The appropriate zoning district under the Community Development Code is the Medium Density Residential (MDR) District. Under the current MDR zoning district provisions, a minimum lot width of 100 feet and a minimum lot area of 10,000 square feet are Staff Report - Community Development Board - September 17, 2002 - Case ANX 2002-07010 - Page 3 required for attached dwellings. The subject property meets the minimum dimensional requirements of a standard development in the MDR District and is therefore consistent with the Community Development Code. D. CONSISTENCY WITH 1'14E COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan categories of the site, which will remain Residential Urban (RU) with a maximum density of seven and one-half (7.5) units per acre for the Residential •Urban plan category. E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staff have reviewed this annexation and determined it complies with (lie ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing- municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the east and west and represents a logical extension of the existing boundaries. The compactness standard of•Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. F. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sewer, water, . solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the applicable sewer and water impact fees and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and the proposed development are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The future use of this site as a duplex is consistent with the MDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding. municipal • annexation through its adjacency with existing City boundaries and is compact in concentration. Staff Report - Community Development Board - September 17, 2002 - Case ANX 2002-07010 - Pabc 4 r Bascd on the above analysis, the Planning Dcpartillcnt recotl mends the following actions,011 the request: Recommend APPROVAL of'the'anttexat.ion of the property located at 321 Elizabeth Avenue with the condition that all new constructions meet the requirements of the Clearwater Community Development Code. Recommend APPROVAL of the Residential Urban category pursuant to the City's Comprehensive Plan. •F Recommend APPROVAL of the Medium Density Residential (MDR) zoning district pursuant to the City's.Community Development Code. Prepared by Planning Department Staff: _ 74 Etim S. Udoh, Senior Pldnner Attachments: ; Application Aerial Photograph of Site and Vicinity s Location Map Proposed Annexation ' Future Land Use Map zoning Map Surrounding Uses Map ?? . Site Photographs j , SAPianning DepartnzcntlC D WAnimationAANX - 200215TAFF itEPORMANX 2002-07010 -321 Elizabeth Avenue - Nancy Wasllewski,doc Staff Report -Community Development Board -September 17,2002- Case ANX 2002-07010- Page 5 LOCATION MAP : Nancy Wasilewski CASE: ANX 2002-07010 F PROPERTY SIZE (ACRES): 0.31 1 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l. ZONING LAND E PIN: 171291i61000aD113t)/2?400 OM: A-E (County) Residential Urban (RU) ATLAS PAGE: 291 B MDR Residential Urb an (RU) ti.%jjI u+Fl).q.rlnu,OVll1l1.1.•14k\IIn74170111IIIIWj.1hh..%IIit'kIII0%.-pI.I. AERIAL PHOTOGRAPH OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0.31 SITE: 321 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l. ZONING LAND USE 171291161000001130/2400 PIN FROM: A-E (County) Residential U[ban (RU) . ATLAS PAGE: 2918 TO: MDR Residential Uiban (RU) .'I..•.. 111?l.ru l I1 n 1 .. t'.4'.. .t,-. I11"..1 N'. At I'M U J ?.......... .. I ..? w ' ..............1 ?. •„ y' •••.n i• , 0 __..._..3 3? • 4 Ill i I 1 11 { DREW 5T r ................. •= i' t .......J ?• r ,r `Vacant ::)..... THIS 1S NOT A SURVEY r i r, I I.i w ti r L U 'V c n.t Ce - icy e-A r R-i l,tial S formic n tiaC it 1 ?....J_! i l: 1 1 1 1, 1 11 1 II 1 GULF TO BAY BLVD i .. t. l ................ ?0 'd 0 250 509 1,0 _ Feet EXISTING SURROUNDING USES OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0.31 SITE: 321 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l. ZONING LAND USE PIN: 17129/16/00000/130/2400 FROM: A-E (County) Residential Urban (RU) ATLAS PAGE: 291 B TO. MDR Residential Urban (RU) i i I ?.1Ptamx lhryrunrnl\CUBtAnnr.d?imu'..rA1.{?•?SA?It??1MUM 111Ilu.f.4,A.?1,uiua?imFu.,.p•a. top) - R1 ? cr ? O O ? O :+ O lc? '4"4 a) Cl ? rs a X N • Clearwater City Commission Worksossion Item It: PLC) 6 Agenda Cover Memorandum Final Agenda Item # w 17 Meeting Date: 10-17-02 SUBJECTIRECOMMENDATION: Land Use Plan Amendment and Rezoning for property at 1161-1165 Turner Street (Lot 15 and the East 35.7 feet of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East); Owner: Orland!, Inc.; Representative: Harry S. Cline, Esq. MOTION: APPROVE a Land Use Plan Amendment from Residential High (RH) to Commercial Genera! (CG), and a Zoning Atlas Amendment from High Density Residential (HDR) to Commercial (C) for property located at 1161-1165 Turner Street (Lot 15 and the East 35.7 feet of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East), and PASS Ordinances #7031-02 and #7032-02 on first reading. Z and that the appropriate officials be authorized to execute same. LUZ 2002-07007 SUMMARY: The subject site is 11,325 square feet in area or 0.26 acres and is currently vacant. It is located on the south side of Turner Street, approximately 270 feet west of Missouri Avenue. It is zoned High Density Residential (HDR) and has a Future Land Use Plan classification of Residential High (RH). The applicant is proposing to amend the Future Land Use Plan to designate this property Commercial General (CG) "and to rezone it to the Commercial (C) District in order to develop it along with the applicant's commercial parcel to the east, with a professional medical office. A Unity of Title has been filed which ties these parcels together in an indivisible development site. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. I • The application will not have an adverse impact on the natural environment. viewed by: [L Originating Dept.: costs egal k Info 5rvc NIA PLANNING DEPART EN Total NIA e a ETIM S. UDOR/y - Budget NIA Public Works NIA I - -_ User Dept.: Funding Source: Purchasing NIA DCM/ACM Planning Current NIA CI FY _ Risk Mgmt NIA Other NIA Attachments: OP ORDINANCES NO. 7031-02 & 7032-02 STAFF REPORT Other Submitted by: rn ! Appropriation Code: City Mane er ?y(?A ? None Printed on recycled paper }i • . The location of -the proposed Commercial (C) District boundaries is logical and will blend Into the existing Commercial (C).districts to the east and the north. ' . It is consistent in location with the Commercial boundary on the north side of Turner Street. Please refer to the attached land use plan and rezoning (LUZ 2002-07007) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the ' Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning. Authority. Due to the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. ; The Community Development Board reviewed this application at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. ' i r ORDINANCE NO. 7031-02 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 SOUTH SIDE OF TURNER STREET, APPROXIMATELY 270 FEET WEST OF MISSOURI AVENUE, CONSISTING OF LOT 15 AND THE EAST 35.7 FEET OF LOT 16; TURNER STREET GROVES, WHOSE POST OFFICE ADDRESS IS 1161 - 1165 TURNER STREET; FROM RESIDENTIAL HIGH 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 Land Use Category Lot 15 and the East 35.7 feet of Lot 16, From: Residential High Turner Street Groves, Plat Book 15, Page 91, Public Records Pinellas County, Florida To: Commercial General (LUZ 2002-07007) 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 § 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, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved a t to, m:1 r Leslie K. Dougall-Sides} Assistant City Attorney- Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7031-02 P17- I BAOVNN1=LLr.5T1 a, i n? w ul uuu irr COURT ST iPIiT f i ?I ili.l=1=1 !? lill! 1= „ Y [: PTHISISNOTA RVEY CG W, O N w ii I L Z [ TURNER ST - - 1 RRT.PIN T r, i T P i L -1 E E ST N. w A?AAINi= WAY o e E .. I F I O DRUID AD P WL d O co CG y11 i CG i l ?....1 S F § 71 7OMT w 125 250 500 Feet ==? I %JL L ilU lil.G 1\V. J.Jd1 Via 5 11'IAg11iRA IlclwlnuullC l] H\l and Use AmV11Ih11C111-NC%µ h141.111 WNW-07M 1161.116STURNER STNIAIL2002,07M7lAwli [m+p pub ORDINANCE NO. 7032-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF TURNER STREET, APPROXIMATELY 270 FEET WEST OF MISSOURI AVENUE, CONSISTING OF LOT 15 AND THE EAST 35.7 FEET OF LOT 16, TURNER STREET GROVES, WHOSE POST OFFICE ADDRESS IS 1161 - 1165 TURNER STREET, FROM HIGH DENSITY RESIDENTIAL (HDR) 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: Pro a Zoninq District Lot 15 and the East 35.7 feet of Lot 16, From: High Density Residential (HDR) Turner Street Groves, Plat Book 15, Page 91, Public Records Pinellas County, Florida To: Commercial (C) (LUZ 2002-07007) 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 7031-02 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Ap yoved as to #i im: y Leslie K. Dougall-Sid6s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7032.02 I" o! N ! sf THIS IS NOT A L=?? SURVEY 9 11 I'll In t l< M RD a JW Q 9' D o 1.a E0 w. h! + hri C sM ~+ n 0 125 250 500 i 11 111 1 f=eet ZONING MAP OWNER/S: Orland, Inc. CASE: LUZ 2002-07007 SITE: 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE PIN: 15129115192664100010140 FROM: HDR Residential High (RH) ATLAS PAGE: 296A TO: C Commercial General (CG) m ra a ?' ? tll ?/ z -1 a, s r eta: .t - k-1 +.1 [2a z T, f f f f 2 s t a Cr w+ ? ua aV a r a ;: f i ; f * . 1 Iw M of ra i1 m "? i t i{ i s i l ? ? r t In YI TURNER L ; ! la +?w I T71RT T DRUID ? i f f f a w hl ¦s 1.1 O ui+p.pno Ordinance NO. 7ff2`02 5,\1'lan111lig hp+uuanl\Cllli\La+I'lil.rAmrwJmr11,\I'+u•At+p,\LL1ZN14:•U fJU7111.1.116SMKNIAV1'\+++111nq, CDB Meeting Date: Scptembcr 1 7,2002 Case Number: LUZ 2002-07007 Agenda Item No. C-4 . CITY OF CLEARWATER PLANNING. DEPARTMENT STAFF REPORT ' S BACKGROUND INFORMATION OWNER: Orlandi, Inc. APPLICANT: Orlandi, Inc. REPRESENTATIVE: Harry S. Cline, Esq. LOCATION: - 1161-1165 Turner Street, located on the south side of Turner Street, approximately 270 feet west of Missouri Avenue. REQUEST:. To amend the Comprehensive Plan's Future Land Use Map from Residential High (RH) to Commercial General (CG), and To rezone from the High Density Residential (HDR) District to the Commercial (C) District. SITE INFORMATION PROPERTY SIZE: 0.26 acres DIMENSIONS OF PROPERTY: 85.7 feet wide by 132 feet deep. PROPERTY USE: Current Use: Vacant Proposed Use: Medical office PLAN CATEGORY: Current Category: Residential High (RH) Proposed Category: Commercial General (CG) Staff Report - Community Development Board - September 17, 2002 - Case LUZ2002-07007 - Page 1 ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: ANALYSIS: Introduction: High Density Residential (14DR) Commercial (C) North: Automobile glass installation South: Retired assisted living community Fast: Retail West: Multi-family residential The subject site is 11,325 square feet in area or 0.26 acres and is currently vacant. The site is located on the south side of Turner Street, approximately 270 feet west of Missouri Avenue. It is zoned High Density Residential. (HDR) and has a Future Land.Use Plan classification of Residential High (RH). The applicant is proposing to amend the Future Land Use Plan to designate this property Commercial General (CG) and to rezone it to the Commercial (C) District in order to develop it along with the parcel to the east, which the applicant owns. The adjacent parcel is already zoned Commercial (C) and has a Future Land Use Plan designation of Commercial General (CG). A Unity of Title has been filed which ties these parcels together in an indivisible development site. This Future Land Use Plan amendment and rezoning application is requested by the applicant in order to allow the construction of a professional medical office at this site. The current land use and zoning does not permit an office development at the site. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. 1. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1 and Section 4-603.F.1 and .2] The proposed land use plan amendment and rezoning will promote infill development as stated in the following clauses from the Future Land Use Needs Summary of the Clearwater Comprehensive Plan: Vacant developable land in Clearwater has been reduced from approximately 1,034 acres in 1989, to approximately 600 acres in 1996. Most of these parcels are less than one acre in size. Infill development, urban conservation, and urban renewal strategies will continue to be predominate in implementing Clearwater's plan. Staff Report - Community Development Board - September 17, 2002 -- Case LUZ2002-07007 - Page 2 2.2 Objective - The City of Clcanvater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3. Goal - A 'sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater'Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN. Applicable regulations from the Countywide Plan are as follows: 2.3.3.5.4 Commercial General {CG} P, uMose - It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. Those uses appropriate to and consistent with this category include office, personal. service/office support, retail commercial, commerciallbusiness service, transient accommodation, wholesale/distribution and storage/warehouse. Secondary uses include commercial recreation, residential, residential equivalent, institutional, transportation/utility, recreation /open space, researchldevelopment, and light manufacturing. Locational Characteristics -- This category is generally appropriate to locations in and adjacent to activity centers, where surrounding land uses support and are compatible with intensive commercial use, and in areas in proximity to and with good access to major transportation facilities, including mass transit. . Tile, proposed plan amendment is consistent with the Countywide Plan. Stuff Report - Community Development Board - September 17, 2002 -- Case LUZ2002-07007 - Page 3 III. COMPATIBILITY WITH SURROUNDING PROPERTY/ CHARACTER OF . THE CITY do NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.31 Turner Street between Court Street and Druid Road and west of Missouri Avenue is characterized by a variety of uses including commercial, residential, institutional, retail and office land use designations. Commercial General (CG) is located on the north and south sides of Turner Street adjacent to Missouri Avenue. To the west of the commercial area south of Turner Street is property designated Preservation (P), Residential. High (RH) and Residential/Office General (R/OG). The existing surrounding uses include automobile glass installation to the north, retired assisted living facility and a pond to the south, a retail use to the east and multi-family residential to the west. The proposed Future Land Use designation and rezoning is in character with the overall FLUP designation along this block and compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 0.26 acres in area and is currently vacant. Based on a maximum development potential of 30 dwelling units per acre allowed by the current Residential High (RH) designation, seven (7) dwelling units could be constructed on this site. Based on an allowable floor area ratio (FAR) of 0.55, a maximum development potential under the proposed Commercial General (CO) designation, providing all the Commercial zoning district regulations are met, is 6,221 square feet of office, restaurant, retail sales and service, educational facilities, vehicle sales/display, places of worship or indoor recreation/entertainment. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the next table. MAXIMUM POTENTIAL TRAFFIC Missouri Avenue/Court St./Druid Current Existing Proposed Net New Situation Plan Plan Trins Maximum Daily Potential Trips NIA 47 121 74 Maximum PM Peak Hour Potential Trips NIA 6 15 9* Volume of Missouri Ave. from Court St. to Druid Rd. 29,827 29,874 29,948 74 LOS of Missouri from Court St. to Druid Rd. D D D D NIA = Not Applicable LOS = Level-of-Servicc * =City Calculation of 12.5% Source: "Tire Rules" of the Countywide Future Land Use Plait Staff Report - Community Development Board - September 17, 2002 - Case LUZ2002-07007 - Page 4 A total of 47 trips per day will result from the existing Residential High (111.1) plan category based on 183 trips per acre per day. A total of 6 PM Peak Hour trips is anticipated. The proposed Commercial General (CG) plan category could generate a total of 121 trips based on 465 trips per acre per day and 15 I'M Peak Hours trips. A possible net increase of 74 daily trips and a net increase of 9 PM Peak Hour trips could be projected for this land use plan amendment. Any increased trips will be distributed along Turner Street to Missouri Avenue and other roadways to the cast and west. The 2001 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Missouri Avenue segments from Court Street to Druid Road in the vicinity of this site a level of service (LOS) D. This minor increase in PM Peak trips to the surrounding roadways will be insignificant. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Multi-family residential use (apartment) would generate (46) vehicle trips daily and PM Peak Hour vehicle trips (5) based on the current High Density Residential (HDR) zoning district. Based on the proposed Commercial (C) zoning of the 0.26 acres site, a retail use would generate the most vehicle trips daily (193) and PM Peak Hour trips (225). If developed to the maximum potential, the proposed rezoning could result in a net increase of 147 vehicle trips' per day and 220 vehicle trips per PM Peak Hour. It is highly unlikely, however, the maximum will be realized. In order to. construct this amount of floor area and accommodate the required parking and landscaping, multiple stories would be needed and most retail establishments are located in single- story buildings. The applicant has indicated that a medical office will be constructed on the site, which would generate 172 vehicle trips per day and 27 PM Peak Hour vehicle trips per day. The proposed office use would result in a net increase of 126 vehicle trips per day and a net increase of 22 vehicle trips per PM Peak Hour when compared with the existing zoning district. TRAFFIC IMPACTS BASED ON ITE MANUAL STANDARDS Uses Units/ Daily Daily Net Increase PM Net Square Trips/ Trips - of Average Peak Increase Footage Existing Proposed Daily Trips Trips of PM Permitted Zoning Zoning Peak TrI s Apartment 7 46 NIA NIA 5 NIA Office 6,229 s q. ft. NIA 68 22 9 4 Medical 6,229 sq. ft. NIA 172 126 27 22 Office Retail * 6,229 sq. ft NIA 193 147 225 220 • Tramc generated based on convenience nurket use. NIA _. Not Applicable Source: 1TE Trip Generadan Manual, 6th V., 1997 Staff iteport - Community Development Board - September 17, 2002 -- Case LUZ2002-07007 -- Page 5 Based on the ITE Trip Generation Manual, specific uses allowed in the proposed Commercial (C) zoning district will generate a small net increase in the PM Peale traffic. As stated earlier, the proposed medical office use at this site will result in a net increase of 27 PM Peak Hours traffic, which will be distributed along Turner Street to Missouri Avenue and other roadways to the cast and west. Therefore, the transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for Missouri Avenue will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. Tile total miles of fixed route service will not change; the subject site is located within '/A mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along Missouri Avenue and Druid Road. Water Under the current land use designation and zoning district, water consumption rates could approach 1,750 gallons per day: Under the proposed Commercial General land use plan designation and zoning district, water demand could approach approximately 622 gallons per day. Water demand will experience a net reduction of 1,128 gallons per day, therefore, there will be no adverse impact-on City's current LOS for water since there is excess capacity. Wastewater Under the current land use plan designation and zoning district, sanitary sewage flow rates could approach 1,400 gallons per day. Under the proposed Commercial General land use plan designation and zoning district, wastewater demand could approach 498 gallons per day. The proposed amendment will result in a net reduction of 902 gallons per day, therefore, there will be no adverse impact on City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 18 tons of solid waste per year. Under the proposed Commercial General land use plan designation and zoning district 17 tons of solid waste could be generated per year. The proposed amendment will result in a net reduction of one ton of solid waste, therefore, there will be no adverse effect on the City's current LOS for solid waste disposal. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the proposed non-residential land use. Staff Report - Community Development Board - September 17, 2002 -- Case LUZ2002-07007 - Page 6 V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The site is not located within an environmentally sensitive area. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] The district boundaries are appropriately drawn. in regard to location and classifications of streets, ownership lines and existing development and improvements. The location of the proposed Commercial (C) District boundaries is logical and will blend into the existing Commercial (C) districts to the east and the north. It is consistent in location with the Commercial boundary on the north side of Turner Street. VIL. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.1 The proposed Commercial General (CG) plan category and the Commercial (C) zoning district allows a .55 FAR which is slightly less intensive than the existing Residential High (RH) category and High Density Residential High (HDR) zoning district with a FAR of 0.60 for non-residential use. The ISR of the proposed Commercial General (CG) designation is also slightly more intensive at 0.90 than the existing Residential High (RH) category, which allows an ISR of 0.85. The parcel exceeds lot size requirements for the proposed use but does not comply with the minimum standard lot width requirement of 100 feet at the front setback line. The site will be nonconforming with regard to lot width. The applicant has submitted a Unity of Title, however, which joins the subject lot with the adjacent property to the cast as a unified and indivisible building site. Therefore, through this action, the subject site will be brought into conformity with the Commercial zoning district requirements for the intended office development. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The proposed use of these properties is consistent with the Commercial (C) zoning district regulations. Staff Report - Community Development Board - September 17, 2002 - Case LUZ2002-07007 - Page 7 SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from Residential High (RH) to Commercial General (CG) and a rezoning from High Density Residential (HDR) to Commercial (C) zoning district for the subject site is requested so that the applicant can develop this site with an office building. The subject site exceeds the minimum lot area requirement for the proposed use and exceeds the minimum lot width requirement of 100 feet due to submission of a Unity of Title joining this property with the property adjacent to the east that is owned by the applicant, thereby bringing the proposed site into conformity with the Community Development Code and City regulations. 'The neighborhood is surrounded by commercial uses to the north and east and multi-family uses to the south an d west. The proposed office use will blend into the existing neighborhood and serve as a transition between more intensive commercial uses to the east and north and multi-family residential areas to the south and west. The proposed Commercial General (CG) Future Land Use classification and Commercial (C) zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and. is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 1161-1165 Turner Street from Residential High (RH) to Commercial General (CG); and 2. Amend the Zoning District designation of 1161-1165 Turner Street from High Density Residential (HDR) to Commercial (C). Prepared by Planning Department staffy Etim S. dolt, Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Zoning Map . Land Use Plan Map Existing Surrounding Uses Site Photographs STIanning Departmcnt\CDB\L.UZ\I.UZ 2002.0701MStaff Ikeport A 161-1 165 Turner Street - Orlundi, Inc, doc Staff Report - Community Development Board - September 17, 2002 - Case LUZ2002.07007 - Page 8 LOCATION MAP OWNER/S: Orlandi, Inc. CASE: LUZ 2002-07007 SITE: 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE PIN: 15129115192664/000/0140 FROM: HDR Residential High (RH) ATLAS PAGE: 296A TO: C Commercial General (CG) S:NpUnnlag 1)erusmen1\C U D\L4M Use AmendrncnuWae N1&pp\ .UL20024)7007 1161.1165 TUANkR SnLUX2002.07007 Wcadlumnap.l)4111 AERIAL PHOTOGRAPH OWNER/S: Orlandi, Inc, CASE: LUZ 2002-07007 SITE: 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE PIN: 15129/15192664/00010140 FROM: HDR Residential High (RH) ATLAS PAGE: 296A TO: C Commercial General (CG) wounwommmmmom"m ti;lPhnnlno UnAV?mrM1(: 1111 ? 1 .111111 he A n1en.Rmrill-N Ir,MjIW, IAI/!IIII? I171P 17 11 aI 1It.. IIIIt NI•ItsI\I 11/!I>Ilr 6•irKl',' 1rr rf nup unl. I C N • _ : e ?a ,: : x =` i . r. r• t nt n. THIS IS NOT A SURVEY "' II'c A 4 a i i i 7, i 7 L y? ! d 1r N Y n. f p t.l A Ht Q y a E ? ;: ? i 1 I ? ? b n. a E E 1> li = ? ? al b m n ; d W nl h E I< p ! ! FR M M 3 P m 11.. C C t ) i x 'TT: E 1!J a m G w nt t01 W rl I KI EXISTING SURROUNDING USES OWNERS: Orlandi, Inc. CASE: LUZ 2002-07007 SITE: 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE FROM: HDR Residential High (RH) TO: C Commercial General (CG) PIN: 15/29/15192664/00010140 ATLAS PAGE: 296A I I M I I I I trawl 0 125 250 SAPImning Dqu-tment\C U M&A Use AnwadmenuWa.e AI.r,1LUMD02-070071161.116S TURNER S71.urruuntbguw*ns&,,I,uL DRUID RD 1161-1165 Turner Street 01-landi, 1110. - LUZ2002-07007 View looking west View looking east View looking south View looking east View looking west Second Reading I ORDINANCE NO. 7020-02 AN . ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING SOUTH 5 FEET OF THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINE OF LOT 16, COUNTRYSIDE TRACT 60; PROVIDING AN EFFECTIVE DATE. WHEREAS, Cheryl J. Dohrman and Kenneth R. Wood owners of.real property located in the City of Clearwater, have requested that the City vacate the drainage and utility easement depleted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE "CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1: The following: South 5 -feet of the 10-foot drainage and utility easement lying along the North property line of Lot 16, Countryside Tract 60 as recorded in Plat Book 80, Pages 78-81, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 3, 2002 Brian J. Aungst Mayor-Commissioner Approved as to form: Bryan' D. Ruff"" ` I Assistant City Attorney, Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7020-02 4 EXHIBIT "A" scale 1 " = 54' This is no a survey 19 L co 20 t ? S?ro L4J 21 ' 18' P / ?? pp 5 17 16 0 15 co Vacation Requested ? eQSe Sy Applicant 00D . D 104 ?. 103 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING 102 -1 4 VACATION REQUEST 0.10 0 VAC2002-03 Mom By DOHRMAN WOOD pw SaOAR N 2880 MEADOW WOOD DRIVE 2 OF 6_ a 07/22/2002 COUNTRYSIDE TRACT 60 . tt 5-2aS-1 EE cm f 1780 LOT 16 P.B. 80 Pg. 78 ° 7020-02 ORDINANCE NO. 7021-02 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LYING ALONG THE WEST PROPERTY LINES OF LOTS 11 AND 12, BLOCK 48, MANDALAY SUBDIVISION AND THE 15-FOOT ALLEY LYING ALONG THE SOUTH PROPERTY LINE OF SAID LOT 12, BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF NARCISSUS AVENUE AND BOUNDED ON THE WEST BY A LINE 15 FEET WEST OF AND PARALLEL TO THE WEST PROPERTY LINE OF SAID LOT 12, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Epley Family Trust, owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and 'WHEREAS, the City Commission finds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: the 15-foot alley lying along the west property line of Lots 11 and 12, Block 48, Mandalay Subdivision, as recorded in Plat Book 14, Pages 32 - 35, Public Records of Pinellas County, Florida, and vacate the 15-foot alley lying along the south property line of said Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said Lot 12. 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. PASSED ON FIRST READING October 3, 2002 Ordinance No. 7021-02 1 EXHIBIT "'A„ sco/e 1 501 This is a2t a survey 2 Li MA 10 ALA . 4 . 3 ?? w 2 w. 908 14 , 30? 12 Ln Lo cn 8 7 6 5 U 4 3 2 1 Q 4 z 60 60 Vcc' a tion Requested CITY OF CLEARWATER, FLORIDA . By Applicar? t PUBLIC WORKS ADMINISTRATION ENGINEERING p ?? 110 VACATION REQUEST vticp2007_10 K1 P L1?v , F G acnca ?r 908 NARCISSUS AVENUE OF ? d PA 2002 LOT 12, BLK 48, MANDALAY 32r_?? PLAZA D7/0% 2es-15r 23a PLAT BOOK 14 PACES 32-35 7021-02 i N N . V . oQ? N S x f ? N 6 H 1a a L4 ! I w N 1 m 04 N } Si. ? i f 1 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: PD i- Final Agenda Item # :? Meeting Date: W-/7-OA SUBJECTIRECOMMENDATION: Re-appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension Plan, for a term of two years (11/01/2002 --1110112004). ® and that the a pro riate officials be authorized to execute same. SUMMARY: In keeping with the provisions of Florida Statute 185.05, which states in part..."the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." • On November 2, 2000, Bob Shipp (690 Island Way, Clearwater) was appointed by the City Commission to serve on the Board of Trustees of the Police Supplementary Pension for a period of two years (11/01/2000-11/01/2002). • The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that Bob Shipp be re-appointed to serve a two (2) year term as trustee. Mr. Shipp has stated that he will accept re-appointment. Reviewed by: Legal NIA Budget NIA Purchasing NIA Risk Mgmt N/A Info Srvc NIA Public Works NIA DCM/AC Other Submitted by: City Manager Printed an recycled oaDer Origin i Dept' .. /? Prepared by: Carol Marshall V52_;14:F Attachments X None Costs Total .0. Funding Source: Current FY. •0- Cl OP Other Code: Rev. 2198 c .I ,. f' ? Clearwater City Commission Waricsesskon Item #: ?? 6 5 :L ? Agenda Cover Memorandum Final Agenda Item # I.Lf Meeting Date: lpr 1-7 - OLD SUBJECT/RECOMMENDATION: Approve a three-year Interlocai Agreement with Pinellas County with two one-year extension options for the servicing of their recycling collection centers, the marketing of recyclables and the repair/ maintenance of collection center containers, ® and that the appropriate officials be authorized to execute same. SUMMARY: • Clearwater Solid Waste (CSW) currently has a collection agreement with Pinellas County to service their four North County recycling collection centers and market the related recyclable commodities. • Because the county appreciates our level of service, a new three-year agreement with two one- year extensions has been offered., + The new agreement is being expanded to cover both the four North and four South County sites. It is a mutually beneficial agreement that will provide approximately $20,000 net revenue annually for the Clearwater recycling program while providing cost-effective service for the county. This agreement is an excellent step forward toward our goal of mutual support and intergovernmental cooperation with Pinellas County. • The Interlocal Agreement is available in the City Clerk's Department for review. Reviewed by: Originatin Dept Costs Solid a tekene'ral Services Legal Info Srvc NIA (Brumback) Total None Budget NIA Public Works Purchasing N/A DCM/AC User Dept. -Solid Waste/General Services Funding Source: Current FY Cl Risk Mgmt NIA Other Attachments OP Other Submitted by: U City Manager ml&?? ®Nane Appropriation CadL i PINELLAS COUNTY RECYCLING COLLECTION CENTER SERVICES SCOPE FOR INTERLOCAL AGREEMENT' 1. Introduction The purpose of this Interlocal Agreement is to define the obligations and responsibilities of Pinellas County (County) and the City of Clearwater (City) with respect to the following services: (a) Collection and container maintenance services for the County Recycling Collection Centers; and (b) Processing and marketing services for recovered materials collected of the County Recycling Collection Centers.. 2. Definitions 2.1 Collection Centers or Centers: Those sites designated by the County for collection of recyclable materials and for service under the terms of this Agreement.' 2.2 Contaminants: Any materials that are not Recovered Materials accepted at the Collection Centers. 2.3 Mixed Paper: Clean mixture of various paper grades, including white and colored ledger, magazines, junk mail, chipboard, and file folders. 2.4 Net Revenue: Revenue derived from the sale of Recovered Materials less a Processing Fee. 2.5 Processing Fee: Fee charged by the City for processing newspaper, 'corrugated cardboard, mixed paper, and plastics, 2,5 Recovered Materials:. Newspaper, corrugated cardboard, mixed paper, aluminum cans, and 01 and #2 narrow-necked plastic bottles, in accordance with Section 3. I Collection Ccuters and Recovered Materials ..The current Recycling Collection Centers (Centers) are, and future centers will be, located on County property or private property under an agreement with the County. Current Centers, which shall be serviced under the terms of this Agreement, are listed in Appendix A. The County reserves the right to add, remove, or relocate Centers'and will communicate any changes to the City in writing., Tile addition of a collection Center will be communicated to the city at least 30 days prior to the activation date. The following materials are collected at the Centers and shall be collected under the terms of this Agreement. (a) Newspaper (b) Corrugated cardboard (c) ' Mixed paper (d) Aluminum cans (e) #1 and #2 narrow-necked plastic bottles The County and the City must mutually agree on the addition or deletion of any recyclable commodity. 4. Responsibilities of the County 4.1 Site Preparation and Maintenance: Prior to commencement of the City's obligations under this Agreement, the County shall prepare the Collection Centers and shall maintain them tlu-oughout the term of this Agreement. Preparation and maintenance shall include providing fencing and signage, maintaining the surface of the Centers, and picking up non-containerized contaminants, hazardous waste, putrescible waste, and organics. 4.2 Access; Collection Centers shall be open for public access twenty-four (24) hours a day, seven (7) days a week,. except under circumstances where the County establishes alternate hours for specified Centers. 4.3 Signage: The County shall provide and install directional signs on right-of-ways and informational signage at the Centers. 2 ids ni_SL1,li:.'/.r,'?YS w-: E.I•l k.+r •-.?? _ ? •? 4' i , 3, Collection Centers and Recovered Materials The current Recycling Collection Centers '(Centers) are, and f Lure centers will be, located on County property or private property under an agreement with the County. Current Centers, which shall be serviced under the terms of this, Agreement, are listed in Appendix A. The County reserves the right to add, remove, or relocate Centers and will communicate any changes to the City in writing. The addition of a collection Center will be communicated to the city at least 30 days prior to the activation date. The following materials are collected at the Centers and shall be collected under the terms of this Agreement. (a) Newspaper (b) Corrugated cardboard (c) Mixed paper (d) Aluminum cans (e) #1 and #2 narrow-necked plastic bottles The County and the City must mutually agree on the addition or deletion of any recyclable t, commodity. 4. Responsibilities of the County 4.1 Site Preparation and Maintenance: Prior to commencement of the City's obligations under this Agreement, the County shall prepare the Collection Centers and shall maintain them throughout the term of this Agreement. Preparation and maintenance: shall include providing fencing and signage, maintaining the surface of the Centers, and picking up non-containerized contaminants, hazardous waste, putrescible waste, and organics. 4.2 Access: Collection Centers shall be open for public access twenty-four (24) hours a day, seven (7) days a week, except under circumstances where the County establishes alternate hours for specified Centers. 4.3 Si?nagc: The County shall provide and install directional signs on right-of-ways and informational signage at the Centers. 2 4.4 Recycling Containers 4.4.1 The County owns the recycling containers currently located at the Collection Centers and such containers shall remain the property of the County. 4.4,2 The County reserves the right to relocate, add, or remove recycling containers. In the event the County adds or removes any recycling containers, the County shall pay the City for providing such services in accordance with Section 6.1. 4,4.3 The County shall provide two additional roll-off containers for use by the City to exchange recycling containers when servicing the Centers. These containers will be kept at the City's site at no'charge. 4.4,4 Subject to the County's approval, the City may add additional recycling containers, which would remain in the City's ownership, to fdcilitate collection, The City shall share additional revenue with the County for materials collected in these containers. 4.5 Trash Collection: The County shall make arrangements for providing and servicing auxiliary trash containers at each Center. 4.6 Litter and Illegal Dumping: The County shall be responsible for responding to litter incidents and investigating illegal dumping at the Centers. The County shall also be responsible for picking up and.disposing of litter and non-containerized contaminants, hazardous waste, putrescible waste, and organics at the Centers. 4.7 Compensation:. The County shall compensate the City, in accordance with Section 6, for the services provided by the City under the terms of this Agreement. 4.8 Contact Person: The County shall designate in writing a person or persons through whom the City will communicate regarding this Agreement. A contact list is provided as Appendix B. 4.9 Container Labels: The County shall provide appropriate labels for all recycling containers located at the Centers. 5. Responsibilities of the City 5.1 Commencement of Duties: The City shall begin providing the services defined within this Agreement no later than fifteen (15) days from receipt of notice to proceed from the County. Prior to commencement of these services, the City shall familiarize itself with the Collection Centers. 3 5.2 Container Labels: The City will install County-provided labels for all recycling containers located at the Centers. 5.3 Container Maintenance 5.3.1 The City shall provide painting, welding, replacement of lids, and other minor repairs to the recycling containers, as may be required by the County. The County shall pay the City for such work in accordance with the rates specified in Section 6.2. 5.3.2 The City shall notify the County immediately if there- is' any damage to . recycling containers, or if maintenance is needed. 5.3.3 The City shall perform any maintenance work as expeditiously as possible but within ten (10) working days of receipt of letter or facsimile transmittal from the County of notice to commence such work. The City will ensure that the County's replacement - container is in place at the Center while maintenance is being performed. 5.3.4 The City shall modify roll-off containers (to conform with Appendix A), within thirty .(30) days of commencement of this Agreement. At the County's request, the City will add or remove compartments to additional roll-off containers. The County shall compensate the City for these services in accordance with Section 6.2. 5.4 Collection Services 5.4.1 The City shall collect recovered materials from the Collection Centers in accordance with the schedule provided in Section 5.5 and Appendix A, which may be altered upon mutual agreement of the County and City. The City shall no the county within four (4) hours if it is unable to comply with a scheduled collection. 5.4.2 For on-call or extra pickups, the County shall notify the City via facsimile transmittal of the need for such pickups. The City shall respond within twenty-four (24) hours of notification. Any service that requires weekend collections must have at least twenty four (24) hour prior approval from the City and County. When service is provided on weekends the overtime rate will apply (see 6.1). 5.4.3 The City shall place, at no additional cost to the County, non- containerized recovered materials into the appropriate recycling containers while servicing each Center. 4 5.2 Container Labels; The City will install County-provided labels far all recycling containers located at the Centers. 5.3 Container Maintenance 5.3.1 The-City shall provide painting, welding, replacement of lids, and other minor repairs to the recycling containers, as may be required by the County. The County shall pay the City for such work in accordance with the rates specif icd in Section 6.2. 5.3.2 The City shall notify the County immediately if there is any damage to recycling containers, or if maintenance is needed. . 5.3.3 The City shall perform any maintenance work as expeditiously as possible but within ten (10) working days of receipt of letter or facsimile transmittal from the County of notice to commence such work. The City will ensure that the County's replacement container is in place at the Center while maintenance is being performed. 5.3.4' The City shall modify roll-off containers (to conform with Appendix A), within thirty (30) days of commencement of this Agreement. At the County's request, the City will add or remove compartments to additional roll-off containers. The County shall compensate the City for these services in accordance with Section 6.2. 5.4 Collection Services 5.4.1 Tile City shall collect recovered materials from the Collection Centers in accordance with the schedule provided in Section 5.5 'and Appendix A, which may be altered upon mutual agreement of the County and City. The City shall notify the county within four (4) hours if it is unable to comply with a scheduled collection. 5.4:2 For on-call or extra pickups, the County shall notify the City via facsimile transmittal of the need for such pickups. 'File City shall respond within twenty-four (24) hours of notification. Any service that requires weekend collections must have at least twenty four (24) hour prior approval from the City and County. When service is provided oil weekends the overtime rate will apply (see 6.1). 5.4.3 The City shall place, at no additional cost to the County, non- containerized recovered materials into the appropriate recycling containers while servicing each Center. it 5.4.4 The City. shall move, at no additional cost to the County, noti- contninerized materials away from the recycling containers and place them in the appropriate containers in order to empty the containers. 5.4.5 The City shall ensure that recycling containers are available at each Center at all times for all recovered materials collected at that Center. Upon approval by the County this requirement may be waived on a case by case basis. 5.5 Hours of Collection: The City shall service the Collection Centers only between the hours of 7:00 a.m. and 7:00 p.m. on weekdays. The County will make every effort to request collection service during that time. Under extraordinary circumstances collection on weekends will occur at the overtime rate. 5.6 Ille al Dumping: The City shall assist the County with illegal dumping enforcement by being observant and immediately reporting illegal activities or suspicious behavior, including license tag numbers when possible. Between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, reports shall be made to the County's Department of Solid Waste Operations' Safety and Inspections Section, and, during all, other hours, to the Sheriffs Office. (Appendix B) 5.7 Damages: The City shall repair or replace any signs, fencing, containers, or other property damaged by the City upon request from the County and at no additional cost to the County. 5.8 Processing and Marketing 5.8.1 The City shall process and market all recovered materials collected at the Centers unless the County deems it in their best interest to select another entity to process or market the materials. Should this occur, the County will advise the City in writing and offer the City the first right of refusal to provide these services under the same terms offered by the other entity. Should the County decide to select another entity to process or market the recovered materials, the City shall be directed where to deliver the materials within Pinellas County. If an alternate destination is selected, the cost for delivery will be mutually agreed upon. 5.8.2 The City shall share revenue generated from the sale of recovered materials collected at the Centers in accordance with Section 6.4. 5.8.3 - The City is responsible for disposal, at no additional cost to the County, of contaminants included in the recycling containers. If the City determines that a load contains excessive contamination, the City shall contact the County to inspect the load and determine how to manage it. 5' 5.8,4 The City shall not dispose of any recovered materials, other than by sale, without the express written consent of the County. The disposal of contaminated materials shall be at the City's expense. 5.9 Invoicing' and Reporting: The City shall provide a monthly invoice by the 1511' day of the month for the immediately preceding month in accordance with Section 6.4. 6. 5.10 Contact Person: The City shall designate in writing a person or persons through whom the County will communicate about this Agreement. (see appendix B) Compensation and Revenue Share 6.1 Collection: The County shall compensate the City for its collection services on a per container basis. For each recycling container emptied by the City, the County shall pay the City as follows: (a) Roll-off Container $117.55 per collection (b) 8-cubic yard Container $49.60 per collection (c) Adding or removing a 30c.y. container $117,55, per container (d) Adding or removing a 8c.y. container $49.60 per container (e) Overtime Rate 1.5 times applicable rate 6.2 Container Maintenance: For providing the services described in Section 5.3, the County shall compensate the City as follows: (a) Painting (including preparation, Roll-off container $150.00 primer, & 2 coats of blue paint) (b) Painting (including preparation, 8-yard container $90,00 primer, & 2 coats of blue paint) (c) Initial Modifications not to exceed $200.00 per container (d) Adding moving, altering or removing Not to exceed $300.00 compartments to roll-off containers Per container (e) Welding and repairs $50.00hr plus material costs 6 5.8.4 The City shall not dispose of any recovered materials, othCr than by sale, without the express written consent of the County. The disposal of contaminated materials shall be at the City's expense. 5.9 Invoicing and Reporting: The City shall provide a monthly invoice by the 15"' day of the month for the immediately preceding month in accordance with Section 6.4. 5.10 Contact Person: The City shall designate in writing a person or persons through whom the County will communicate about thisAgreement. (sec appendix B) 6. Compensation and Revenue Share 6.1 Collection: The County shall compensate the City for its collection services on a per container basis. For each recycling container emptied by the City, the County. shall pay the City as follows: (a) Roll-off Container $117.55 per collection (b) 8-cubic. yard Container $49.60 per collection (c) Adding or removing a 30c.y. container .$117.55 per container (d) Adding or removing a 8c.y. container $49.60 per container (e) Overtime Rate 1.5 times applicable rate 6.2 Container Maintenance: For providing the services described in Section 5.3, the County shall compensate the City as follows: (a) Painting (including preparation, Roll-off container $150.00 primer, & 2 coats of blue paint) .(b) Painting (including preparation, 8-yard container $9q,g0 primer, & 2 coats of blue paint) (c) Initial Modifications not to exceed $200.00 per container (d) Adding moving, altering or removing Not to exceed $300.00 compartments to roll-off containers Per container' (e) Welding and repairs $50.0011r plus material costs i 6- 6.3 Revenues: The City shall compensate the County for the sale of recovered materials collected at the Centers as follows: (a) For newspaper, corrugated cardboard, and plastics collected in County- owned containers, the City shall pay the County sixty (60) percent of the net revenue (gross revenue less a $19.50 per ton processing fee) received for each commodity. If the County's revenue share for each individual recovered material type does not exceed the processing fee for that material, no payment shall be made by either party for that material. (b) For newspaper, corrugated cardboard, and plastics collected in City-owned containers, the City shall pay the County fifty (50) percent of the net revenue (gross revenue less a $19.50 per ton processing fee) received for each commodity. If the County's revenue share for each individual recovered material type does not exceed the processing fee for that material, no payment shall be made by either party for that material. . (c), For mixed paper collected in County-owned containers, the City shall pay the County sixty (60) percent of the net revenue (gross revenue less a $21.50 per ton processing fee) received for the commodity. (d) For mixed paper collected in City-owned containers, the City shall pay the County fifty (50) percent of the net revenue (gross revenue less a $21.50 per ton processing; fee) received for the commodity. (e) For aluminum cans, the City shall pay the County an amount equal to gross revenue less $0.20 per pound for each pound of recovered aluminum after a 5% contamination deduction is made. If gross revenues do not exceed $0.20 per pound after a 5% contamination deduction is made, no payment shall be made by either party for aluminum cans. (f) All revenue shall be credited or paid to the County in accordance with Section 6.4. 6A Invoicing: By the fifteenth (15"') day of each month, the City shall submit an invoice for the services provided during the immediately preceding month. The invoice shall include, identification of the Collection Centers serviced, date, number and type of recycling containers emptied, and fees charged for servicing the containers. Accompanying; the invoice, the City shall provide a weight ticket from the State certified scales at the City's sites for all recovered materials collected. The invoice shall further state the total weight of each recovered material type collected, the market price ilk which each material was sold, and net 7 revenues due the County. Any net revenues in excess of the amount owed by the County shall be made payable to the Pinellas County Department of Solid Wastc Operations. All payments by either party shall be made in accordance with Section §218.70, Florida Statutcs. 6.5 In no event shall the total amount paid by the County to the City for any or all services under this agreement, net of amounts paid to the County by the City as recovered materials revenues,' exceed Ninety Hight Thousand and 00/100 ($98.000.00) annually. 7, .' Audit In accordance with Pinellas County Code, Section 2-1760), the County may audit all City records with respect to this contract. Records should be maintained for three years from the date of final payment. 8. Term and Termination 8.1 Term: This Agreement shall be in effect for a period of thirty six (36) months from the date of full execution. This Agreement may be, extended, subject to written agreement by and between the County and the City, for two (2) additional twelve (12) month periods. Extensions shall be subject to the same terms and conditions as the present Agreement with price increases not to exceed the ' amount indicated by Consumer Price Index -- All Urban Consumers Index not seasonally adjusted during the previous twelve (12) month period, or four (4) percent, whichever is less, 8.2 Termination: Either party may cancel this Agreement without cause by giving thirty (30) days prior written notice to the other party of the intention to cancel or with cause if at any time either party fails to fulfill or abide by any of the terms or conditions specified in this Agreement. In addition, in the event that sufficient budgeted funds are not available for a new fiscal period, for either the County or the City, the County or the City shall notify the other party of such occurrence and the Agreement shall terminate on the last day of the then current fiscal period without penalty to either party. 9. Amendment This Agreement may be amended only by mutual written agreement by and between the County and the City. 8 Wald;... . .. } revenues due the County. Any net revenues in excess of the amount owed by the County shall be made payable to the Pinellas County Department of Solid Waste Operations. All payments by either party shall be made in accordance with Statutes. Section §21$.70, Florid, 6.5 In no event shall the total amount paid by the County to the City for any or all services' under this agreement, net of amounts paid to the County by the City as recovered materials revenues, exceed Nincty Eight Thousand and 00/100 ($98,000.00) annually, 7. Audit ? In accordance with Pinellas County Code, Section 2-176(j), the County may audit all City records with respect to this contract. Records should be maintained for three years from the date of final payment. S. Term and Termination $.l Tcrm: This Agreement shall be in effect for a period of thirty six (36) months from the date of full execution. This Agreement may be extended, subject to written agreement by and between the County and the City, for two (2) additional twelve (12) month periods.. Extensions shall be subject to the same terms and conditions as the present Agreement with price increases not to exceed the amount indicated by Consumer Price Index - All Urban Consumers Index not seasonally adjusted during the previous twelve (12) month period. or four (4) a percent, whichever is less. $.2 Termination: Either party may cancel this Agreement without cause by giving thirty (30) days prior written notice to the other party of the intention to cancel or with cause if at any time either party fails to fulfill or abide by any of the terms or conditions specified in this Agreement. In addition, in the event that sufficient budgeted funds are not available for a new fiscal period, for either the County or the City, the County or the City shall notify the other party of such occurrence and the Agreement shall terminate on the last day of the then' current fiscal period without penalty to either party. 9. - Amendment This Agreement may be amended only by mutual written agreement by and between the County and the City. 8 IN WITNESS -WHEREOF; said Pinellas County, Florida, acting by and through its governing body, the Board of County Commissioners of Pinellas County, Florida, its corporate seal to be hereunto affixed, attested by the Clerk of said Board,acting as County Clerk of Pinellas County, Florida; and said City of Clearwater, Florida acting by and through its City Commission, has caused this Agreement to be executed in its name'and . on behalf by its Mayor/Commissioner, and its corporate seal to be hereunto attached, and . attested by its City Clerk. ATTEST: PINELLAS COUNTY, FLORIDA KARLEEN F. DeBLAKER, CLERK by and through its County Administrator By: ' By: Deputy Clerk Date County Administrator Date APPROVED AS TO FORM By: County Attorney COUNTERSIGNED: CITY'OF CLEARWATER, FLORIDA ' By: By: Brian J. Aungst William B. Horne II Mayor-Commissioner City Manager APPROVED AS TO FORM: ATTEST: By: By: -`_B ryn D. Ruff . Cynthia E. Goudeau Assistant City Attorney City Clerk 9 t APPENDIX A COLLECTION CENTERS, CONTAINERS, AND SCHEDULES 1. CURLEW ROAD 1825 Curlew Road, Palm Harbor, FL 34683 a., 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Newspaper/Plastic On-call c. 30-cubic yard roll-off Cardboard/Aluminum On-tail d. 8-cubic yard container Mixed Paper Weekly 2. WILLIAM DUNN TREATMENT PLANT 4100 Dunn Drive, Palm Harbor, FL 34683 a. 30-cubic yard roll-off Newspaper/Plastic' On-call b. 30-cubic yard roll-off Newspaper/Plastic On-call c. 30-cubic yard roll-off Cardboard/Aluminum On-call d. 8-cubic yard container Mixed Paper Weekly 3. JOHN CHESTNUT, SR. PART: 2200 Eastlake Road, Palm Harbor, FL 34685 a. 30-cubic yard roll-off' Newspaper/Plastic On-cull b. 30-cubic yard roll-off Ne'wspaper/PIastic On-call c. 30-cubic yard roll-off Cardboard/Aluminum On-call d. 8-cubic yard container Mixed Paper Weekly 4. NORTH COUNTY GOVERNMENT CENTER 29582 U.S. Highway 19 N., Clearwater, FL 33761 a. 30-cubic yard roll-off Newspaper/Plastics On-call b. 30-cubic yard roll-off Cardboard/Aluminum On-call c. 8-cubic yard container Mixed Paper Weekly 5. BANK OF AMERICA 10900 Seminole Boulevard, Largo, FL 33778-3338 a. 30-cubic yard roll-off Newspaper/Aluminum/Plastics/ On-call Mixed Paper. 6. OAKHURST WATER TOWER 1 13 & 76"' Avenue, Seminole, FL 33772 a. 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Newspaper/Plastic On-call c. ' 30-cubic yard roll-off Cardboard/Aluminum On-call d. 8-cubic yard container Mixed Paper Weekly 7. SAM'S CLUB 7001 Park Boulevard, Pinellas Park, FL 33731 a. 30-cubic yard roll-off Newspaper/Plastic On-call . b. 30-cubic yard roll-off Cardboard/Aluminum On-call . c. 8-cubic yard container Mixed Paper Weekly 8. COUNTY DrPARTMENT OF SOLID WASTE OPERATIONS 3000 110"` Avenue N., St. Petersburg, FL 33716 a. - 30-cubic yard roll-off Ncwspaper/Plastic On-call b. 30-cubic yard roll-off Cardboard/Aluminum Oil-call c. 8-cubic yard container Mixed Paper' Weekly 10 N .. APPENDIX A rs 'COLL'ECTION CENTERS, CONTAINERS, AND SCHEDULES 1. CURLEW ROAD 1825 Curlew Road, Palm Harbor, FL, 34683 a. 30-cubic yard roll-off Newspaper/Plastic Ott-call b, 30-cubic yard roll-off Newspaper/Plastic On-call c. 30-cubic yard roll-off Cardboard/Aluminum On-call d. 8-cubic yard container Mixed Paper Weekly . 2. WILLIAM DUNN TREATMENT PLANT 4100 Dunn Drive, Palm Harbor, FL 34683 a. 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Newspaper/Plastic On-call c. 30-cubic yard roll-off Cardboard/Aluminum On-call d. 8-cubic yard container Mixed Paper Weekly ,3. JOHN CHESTNUT, SR, PARK 2200 Eastlake Road, Palm Harbor, FL 34685 a. 30-cubic yard roll-off . Newspaper/Plastic . ' On-call b. 30-cubic yard roll-off Newspaper/Plastic' On-call c. 30-cubic yard roll-off Cardboard/Aluminuin On-call d. 8-cubic yard container Mixed Paper Weekly 4. NORTH COUNTY GOVERNMCNT CENTER 29582 U.S. Highway 19 N., Clearwater, FL 33761 a. 30-cubic yard roll-off Newspaper/Plastics On-call b. 30-cubic yard roll-off Cardboard/Aluminum On-call c. 8-cubic yard container Mixed Paper Weekly 5. BANK OF AMERICA 10900 Seminole Boulevard, Largo, FL 33778.3338 a. 30-cubic yard roll-off Newspaper/Alumintim/Plastics/ On-call Mixed Paper 6. OAKHURST WATER TOWER 1136& 76`h Avenue, Seminole, FL 33772 a. 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Newspaper/Plastic On-call c. 30-cubic yard roll-off Card board/A I um inum On-call d. 8-cubic yard container Mixed Paper Weekly 7. SAM'S CLUB 7001 Park Boulevard, Pinellas Park, FL 33781 a. 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Cardboard/Aluminum On-call c. 8-cubic yard container Mixed Paper Weekly $. COUN'T'Y DEPARTMENT OF SOLID WASTE OPERATIONS 3000 1 10'h Avenue N., St, Petersburg, FL 33716 a. 30-cubic yard roll-off Newspaper/Plastic On-call b. 30-cubic yard roll-off Cardboard/Aluminum On-call c. 8-cubic yard container Mixed Paper Weekly 10 APPENDIX B CONTACT LIST NAMErrITLE Contact Reason Office 0 - PAGER/CELL ` Pinellas County ' Frank Lay Pickup/Maintennnce/Appearance 464-7500 Solid Waste Program Assistant Joe Fernandez Contamination/Authorization 464-7549 438-2300 ' Solid Waste Specialist Contract Amendments ' Cynthia Harris Billing 464-7500 Accounts Payable Deb Bush << Contract Amendments/ 464-7803 580-5313 Operations Manager Contract Negotiation Kelsi Oswald Contract Amendments 464-7514. 419-3729 Solid Waste Program Supervisor ' Brian Armstrong Illegal Dumping 464-7518 438-7270 Inspector Supervisor . Mitch Reed Illegal Dumping 464-7529 790-3532 Pinellas County Sheriff Warren N. Smith Contract Negotiation 464-7517 420-5771 Director, Utilities Department. of Solid Waste Operations City of Clearwater Theron Johnson Pickup/Service 5624920 224-7391 Service Coordinator Julia Jablonski Contract Amendments/ 5624929 .224-7390 Solid Waste Program Coordinator Disposal & Maintenance David Powers Contract Amendments/ 562-4938 224-7386 Senior Accountant Billing Tom Downes Contract Negotiations 5624930, 224-7384 Assistant Director, Solid Waste/ General Services Department + r ?C Clearwater City C01111nisslon Agenda Cover Menioranduni Work session item #: uJ 2 Final Agenda Item # Meeting [late: 10/17/02 SUBJECTIRECOMMENDATION: Award a contract to Westra Construction Corporation, Palmetto, FL in the amount of $611,750.00, for the 2002 Water Service Lines Replacements (99-0078-UT) 121 and that the appropriate officials be authorized to execute same. SUMMARY: The purpose of this contract is to replace aging potable water service lines to improve flow and pressure to customer's of the City's water system and to reduce maintenance. This project is the first phase of a multi-year program to replace older services lines that are constructed of galvanized pipe and copper tubing that deteriorate over time, causing line breaks and reduction of flow capacity and pressure to the individual customers. ¦ This 2002 phase involves that portion of Clearwater Beach lying north of Somerset Street. ¦ The award of this contract is to the second lowest bidder. The contract award has been determined to be in the best interest of the City for this project. The lowest bidder was Steve's Excavating and Paving, Inc., who.submitted a bid in the amount of $577,000.00. ¦ The Bid Request issued by the City required the bidders to submit information demonstrating the Contractor's qualifications to perform the specific work required by this project. An evaluation of all the bidders' responses to the Contractor's Questionnaire was conducted. Based on this evaluation, it was determined that the low bid was non-responsive to the Bid Request. The basis of this determination is as follows: ¦ The project experience submitted by the low bidder does not provide sufficient information to demonstrate that this Contractor has successfully installed service lines or conducted tapping of main lines for services. This experience is critical to successful installation of service lines and connections with minimal disruption of service to residents. ¦ The low bidder failed to indicate the use of specific equipment that is required to correctly install service line connections to the water mains. ¦ The second lowest bidder, Westra Construction Corporation, provided a complete response to the Contractor's Questionnaire, with acceptable project experience and proper equipment to correctly perform the work. ¦ Sufficient budget and funding for this contract are available in the 02 Water & Sewer Bond Project 343- 96752, Water Service Lines. ¦ Anticipated completion date is February, 2003. ¦ A copy of the contract documents is available in the City Clerk's office for review. Reviewed by: al Info Srvc L Originating Dept: Public Works ?M Costs: t 750 00 T l $611 eg NIA o a . , Administration Fears Budget - Public Works ser Dept. Funding Source: Purchasing DCMIAC Public Utilities /Neff Current FY Cl X Risk Mgmt N/A Other N/A Attachments OP Other + Submitted by, 4 Appropriation Code: City Manager 4 41? None 343.96752-563800-533-000 Printed on recycled paper Water Service Line Replacement-Westra-10.17-02.doc 1101 , n v\ MA T Clearwater City Coniniission Agenda Cover Mcmorandttm Work session Item !t: (t)3 Final Agenda Item # Meeting Date: Oct. 17, 2002 SUBJECT/RECOMMENDATION: Award a contract to Wharton-Smith, Inc. of Lake Monroe, FL for the 2000 Reclaimed Water System Improvements, Contract 2 - Pumping Stations Improvements (00-0092-UT) in the amount of $1,082,000.00, which is the lowest responsive bid received in accordance with plans and specifications, 1 and that the appropriate officials be authorized to execute same. SUMMARY: This Agenda Item provides for construction of a Control Valve/Chlorination Building in Coachman Park for potable water service to the Clearwater Beach area, as well as reclaimed water system improvements at the Marshall St. Advanced Pollution Control Facility. • The Control ,Valve/Chlorination Building will house process piping and chemical feed equipment to regulate water transmission main pressure and monochloramine residual to the Clearwater Beach area. The Control Valve/Chlorination Building replaces the existing aging structures. ¦ The reclaimed water system improvements at the Marshall St. APCF include the addition of two new high service pumps and two new transfer pumps, as well as relocation of the existing transfer pumps and modifications to the disinfection facilities to accommodate the transfer pumps. These improvements are in accordance with the City's Reclaimed Water Master Plan-and will allow the City to continue to expand its reclaimed water system to meet multiple objectives including (1) reduce potable water consumption for Irrigation and (2) reduce discharges of highly treated effluent to adjacent surface waters. ¦ The City Commission approved the purchase of the reclaimed water transfer pumps, high service pumps, and associated variable frequency drives (VFD), in the amount of $182,725 during the August 15, 2002 Commission Meeting. These pumps will be installed as part of this contract. Work will commence upon award and execution of the contract and will be completed within 270 days. ¦ Copies of the contract documents are available in the City Clerk's office for review. Installation of the reclaimed water high service pumps, VFD's and their associated components will be part of the reclaimed water system and will, thus, be funded up to 50% of their cost, or approximately $150,000.00, under the Cooperative Funding Agreement for the 2000 Reclaimed Water System Improvements. • Sufficient budget and funding are available in the 02 Water & Sewer Revenue bond projects 343-96654, Facility Upgrade & Improvement; 343-96739, Reclaimed Water Distribution System and 343-96740, Water Supply-Treatment for this contract. Reviewed by: Originating Dept: Costs: Legal Info Srvc NIA Public Works _0q, Total $1,082,000 Administration L Murrin A-6t, Budget Public Works User Dept.,,, U Funding Source: Purchasing DCM/ACM Public Works Current FY Cl X Risk Mgmt N/A Other VA Attachments OP Other Submitted by. Appropriation Code: City Manager ?x None 343-96654-563800-535-000 $ 209,500 ' DW 343-96739-563800-533-000 314,500 343.96740.563800-533-000 556,000 Printed on recycled paper 1101 0-m r V I ?C it I i I Mill r • ?r4? Ry I!, i, 1 ON Clearwater Clty COlhhnhlSSlon Work sosslon Item #: Agenda Cover Memorandum Final Agenda Item # Meeting Date: _ 10-17-n2 SUBJECTIRECOMMENDATION: Approve a contract with Largo Area Housing Development Corporation to sell surplus real property legally described as HARVEY PARK SUB. Block "B", Lots 1 through 12, for $70,000, subject to all terms and conditions of said contract, 19 and that the appropriate officials be authorized to execute same. SUMMARY: • On August 22, 2002 the commission declared the subject property as surplus for the purpose of offering it for sale in compliance with the City Charter for a bid amount of not less than its appraised value of $70,000. • The Declaration of Surplus Property specified six criteria the successful bidder must meet in addition to the minimum bid amount. The criteria required, among other things, that the successful bidder be a non-profit corporation specializing in residential construction, and committing to complete construction of a single family housing project on the site by March 1, 2005 with selling prices not to exceed $120,000 per unit. On August 26, 2002 Invitation For Bid 32-02 was-issued, duly advertised in the St. Petersburg Times on August 28, 2002 specifying a sealed-bid opening on September 6, 2002. • Largo Area Housing Development Corporation ("Buyer") was the sole respondent timely submitting a sealed bid meeting all of the requirements of the Invitation For Bid. • The subject contract meets and incorporates all of the requirements of the commission's Declaration of Surplus Property. • Subject to the Buyer obtaining financing as defined in the contract, closing is stipulated to occur within 30 days following the effective date. • Following payment for a policy of title insurance and closing fees, estimated net sale proceeds . of $69,250 will accrue in fund 683-00000-128170 (infill Loan - Home HUD Program). • A copy of the contract is available for review in the office of the City Clerk. Reviewed Originating Dept; -2 f ' t Casts Legal CP?o-Srvc NA Public Works (S. Barre t) Total $.0. Budget Publle Works 1 User Dept. Funding Source; Purchasing NA DCMIACM Housing k_1 Current FY CI Risk Mgmt NA Housing Attachments OP Locator Map Other Submitted by: City Manager ?R Appropriation Code: Printed on recycled paper Pwaonpwallenotwordlaaenda/Harvev Park Lota contr ann 0802.doc Rav_ 210A I . i ?If K•!? 1 !Lr- i I I I a I f1 LOCATOR MAP HARVEY PARK SUB., Blk B, Lots 1-12 J 11? IpLu M aUAwR1. lml? o 0 6 1 a 1 ?? x144 f-t- Irk ?I • L? 2 3 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone: (727) 562- 4040 and, LARGO AREA HOUSING DEVELOPMENT CORPORATION, a Florida non-profit corporation. 2938 N.E. Coachman Road, Clearwater, Fl. 33765 (herein "Buyer"), Phone: (727) 204-4238 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property, if any ("Personalty") (collectively "Froperty") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without Including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. LEGAL DESCRIPTION: HARVEY PARK SUBDIVISION, Block "B", Lots 1 through 12, inclusive, as recorded in Plat Book 9, Page 94, Public Records of Pinellas County, Florida STREI_TADDRESS: 9920 Woodlawn Avenue, Clearwater, Fl. 33756 PERSONALTY: Vacant land. No personalty. 2. Fr n_I PI IRCHA_SF PRICE ............................................................................................. $ 7n.nnn.nn 3. MANNER OF PAYMENT Total amount to be paid at dosing in U.S. funds, cash, certified or cashier's check, subject to adjustments and proralions .................................................. $ 70nnn.nn 4. THIRE) PARTY FINANCING The purchase contemplated herein Is subject to Buyer applying for and obtaining adequate financing through HOME Investment Partnership Funds administered by the City to fund this purchase. Buyer shall use all reasonable diligence to obtain the commitment for the financing hereinabove described and, thereafter, to meet the terms and conditions of the commitment and to dose the loan. If Buyer fails to obtain the loan commitment and promptly notifies the Seller in writing, or if after diligent effort Buyer fails to meet the terms and conditions of the commitment prior to dosing, then either party may cancel this contract and both parties shall be relieved of any and all further obllgatlons hereunder. 5, TIME FOR ACCEUANCE Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery In duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City Commission ("Commission"). If this agreement Is accepted and approved by the Commission, It will be executed by duly authorized City officials and delivered to Buyer within 90 days thereafter.. If this contract is rejected by the Commission upon Initial presentation to the Commission, this contract shall be null and void In all respects and Buyer shall be so informed in writing within 5 days of such action. 6. InTLE Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters contained In Paragraph 7 and those otherwise accepted by Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing, If any; covenants, restrictions and public utility easements of record; and (other matters which title will be subject): No ethers; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property for residential purposes. 7. TITLE EVIDENCE Seiler shall, at Seller expense and within .10- days prior to closing date deliver to Buyer a title Insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth In this Contract, and those which shall be discharged by Seller at or before closing, Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth In this Contract. Marketable title shall be determined according to applicable'n le Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine It. If He is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as It then is or withdravririg from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. S. GFERTAIN RIr;14T14 RERERVI;n As required by Section 270.11, Florida Statutes, the Seller reserves unto Itself and its successors an undivided three-fourths (314) interest In, and title in and to an undivided three-fourths (314) interest in, all the phosphate, minerals, and metals that are or may be In, on or under the real property described herein, and an undivided one- half (112) interest In all the petroleum that is or may be in, on, or under said property with the privilege to mine and develop the same. If The real propaEt? baingconve=d hamundar_I.`iIgna than 90 rnntlgtinim amps. In prerm dAVA1 pedandlnr thPra wrists futoM dPVPlnpmant an. and thPra is 11111a likelihnnd of the presprim of aW-nf_the minecals'er netrnleum rnntemolateciby sPClinr} 7.7{? 11. Flndda 5tatt?tPti in all such ?p5tanc?s iha CIS expressly relPaePC thR nhayw dPSrrihPd rigs 9. SURV?r Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback fines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. 10. Seller shall designate closing agent and this transaction shall be closed In the offices of the designated closing agent in Pinellas County, Florida, on or before 3n days Mllnwlnto fhA 'Tffncfivw laal8", unless extended by other provisions of this contract. If either party Is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to.,30...days without effect upon any other term, covenant or condition contained In this contract. 11. cl-nsmr. nnrIJM1= n Seller shall fumish closing statement, deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective Instruments as applicable to this transaction. 12. CLOSING EKEENSES Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24. Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any corrective instruments. 13. If thane should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for Improvements and exemptions. Any deposits held by Seller In trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing, Assessments for any improvements that are substantially complete at time of closing shall be paid In full by Seller. 14. PROPERTY t^.nA1rITi01+t Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain die grounds in a comparable condition, Seller makes no warranties other than as disclosed herein In Paragraph 16 ("SELLER WARRANTIES") and marketability of title. 15. GFr r Pa ur=r n 14ARMI Fcc Buyer agrees to Indemnify and hold harmless the Seller without Ilmitation from any losses, damages, costs, Including attorney's fees, claims of Injury to or death of any person(s), any damage to property of Buyer, or the Property, and from and against any and every liability to any person adsing from Buyer conduct of survey and related work performed pursuant to Paragraph 5 above. 16. SSE! LP,g?ARRANTIFS Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: NONE KNOWN.' 17.200r,.FFnS DE SALE' r133INr; PROCEDURE . The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held In escrow by Seller's attomey or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title Is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period. notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. if Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as Is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained In the deed. The escrow and closing procedure required by this provision may be waived if We agent insures adverse matters pursuant to Section 1327.7841, F.S. (1987), as amended. 1$, nFFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seiler option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposil(s) without thereby waiving any action for damages resulting from Seller's breach. ? , g(?j?[]N f+AS NQT1FICATI(2N RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional Information regarding radon and radon testing may be obtained from your county public health unit. 20. r.QN3BAM NOT ' Neither this contract nor any notice of it shall be recorded In any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall Include plural and one gender shall include all. 21. JNOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United Stales Mail, property stamped and addressed to time respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will In any way act at the behest of the parties to satisfy all terms and conditions of this contract. 22. This contract is ant assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 23. .In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attonhey's fees and costs. 24. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated, hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 25. TYPEWRITTEN OR HAN13WR=N PROVISILINS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 26. EFFECT OF PARTIAL INV& IM The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract Is held to be Invalid, the parties agree that the remaining provisions shall be deemed to be In full force and effect as If they had been executed by both parties subsequent to the expungement of the invalid provision. 27. rntfRr ING LAW it Is agreed by and between the panties hereto that this contract shall be governed by, construed, and enforced In accordance with the laws of the State of Florida. 28. r13111W ,,BEARTS; FACRIM11 E COPY This contract maybe executed In two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Instrument. A facsimile copy of this contract, Including any addendum, attachments and any written modifications hereof, and any Initials or signature thereon shall be deemed an original. 29. SEECIA! C•1..A,i ISE An Addendum containing special clauses that constitute agreements and covenants between the parties (Exhibit "A") Is attached to and an Integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum Is in conflict with any provision contained elsewhere in this contract, then the special cause shall govern. 30. MERGER RY DEEQ All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter. 31. ENURE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made In this agreement shall only be valid when expressed in writing, acknowledged by the parties and Incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. ' Contract Signature Page RE: HARVEY PARK, Blk. B., Lots 1-12 i Seller: City of Clearwater Buyer. Largo Area Housing Development Corp, Date:-_2 2002 LARGO AREA HOUSING ' '? • ? r ?? ' ; DEVELOPMENT CORPORATION By: 7tJ?i7r?ii?e? ?! _ L. Duke Tiernan, President " APPROVED AND ACCEP'T'ED THIS day of , 2002. Countemlgned: CITY OF CLEARWATER, FLORIDA By. Brian J. Aungst, Mayor Commissioner William B. Homo, tl, City Manager t' Approved as to form: ATTEST: Bryan D. Ruff, Assistant City Attorney Cynthia E. Goudeau, City Clerk ' e .r ?....._..•.•u.nfaE.1.Y•.r. .-.. , ,. ..;'.. - ' ....-.m •....ti,dAa.l. .. ni L. ,., _. .. u..? •.. , . , r.... . .. .....-..........- ADDENDUM TO THAT CERTAIN CONTRACT FOR SALE OF REAL PROPERTY ("Contract") by and between the CITY OF CLEARWATER, a Municipal Corporation of the Stale of Florida ("Seller"), and LARGO AREA HOUSING DEVELOPMENT CORPORATION, a Florida non-profit corporation ("Buyer"), regarding certain real property legally described as HARVEY PARK SUBDIVISION, Block B, Lots 1 -12 inclusive. TO WIT: WHEREAS, on August 22, 2002 the Clearwater City Commission declared the above i. described real property as surplus for the purpose of offering it for sale by sealed bid for a net bid amount of not less than $70,000 subject to the following specific criteria: a. Bidder shall be a development team having a minimum of 10 years development experience In affordable single-family residential Infill housing. b.. Bidder shall be a non-profit corporation In good standing specializing in housing construction. c. Bidder shall develop the property for single-family residential home is ownership. ' d. Bidder shall screen potential homebuyers to ensure they are eligible for state and federal assistance If such funding will be used by the bidder. i.'. e. Bidder shall guarantee that the maximum sales price for each completed residential dwelling shall not exceed $120,000. f, And, If state and federal funds are used in the project, bidder must commence construction by not later than March 1, 2003 and guarantee to ' complete the project by not later than March 1, 2005. AND, WHEREAS, Buyer was the sole successful bidder timely submitting a sealed bid, meeting all of the above described criteria; and, WHEREAS, as additional consideration for Seller entering Into this Contract with Buyer, Buyer covenants with Seller to timely comply with and fulfill all of the above described criteria; ' NOW, THEREFORE, the parties hereto acknowledge that this ADDENDUM Is attached 'c to and an Integral and binding condition of the herein described Contract as referenced In Paragraph 29 (SPECIAL CLAUSES) thereof. 1 9. CDC B01kRD OF. COUNTY COMMISSIONERS PINELLAS COUNTY, FLORIDA 315 COURT STREET CLEARWATER, FLORIDA 33756 COMM199101,181Fi9: STEPHEN M. SPRATT, COUNTY ADMINISTRATOR BARBARA SHEEN TODD -CHAIRMAN RECEIVED PHONE: (727) 4fi4-3485 KAREN WJLLIAMS SEEL - VICE CHAIRMAN CALVIN D. HARRIS FAX: 17271 464.4364 SUSAN LATVALA JOHN MORRONI ROBERT B. STEWART KENNETH T. WELCH September 24, 2002 SEP 3 9 7002 CITY MANAGER-S OFFICE. William B. Home, 11 City Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Bill: On August 7,. 2002, the Pinellas County. Board of Commissioners adopted Resolution No: 02-154, establishing an Aircraft Noise Abatement Task Force•(Task Force). The purpose of this Task Force will be to maintain an open-line of communication with surrounding communities that are affected by the level of noise generated by aircraft utilizing the St. Petersburg-Clearwater International Airport (Airport), inform,the public on existing noise management policies and measures established to reduce aircraft noise, encourage compliance with existing noise abatement procedures, as well as promote voluntary compliance by corporate and military users. In an effort to create a diversified committee that can effectively evaluate and respond to recommendations from fellow Task Force members, it is essential to have representation from surrounding communities, Federal Aviation Administration, airlines, cargo carriers, corporate operators, and military. I am therefore requesting a nominee to serve on the Task Force to represent the views and opinions of the citizens of Clearwater. The individual will not only represent and voice the concerns of your community, but also be responsible for reporting back to the City of Clearwater on the status of the Task Force. Our commitment as a Task Force will be to continually strive toward a successful working relationship with parties affected by or concemed with airport noise related issues. Airport staff looks forward to working with members of the Task Force in an effort to minimize aircraft noise exposure to the citizens of Pinellas County. i 4 i "Pinellas County is an Equal Opportunity Employer" Member-Pinellas Partnership for a Drug Free Workplace CP printed on recycled paper k f ' William B. Horne, II .I , . " '. Page 2 ; September 24, 2002 ; For, your,infonnation, I have enclosed a list of citizens that have expressed interest in being considered to . ` serve on the Task Force. Your selection Is in no way limited to the enclosed list names. ' Sincerely,' Stephen M. Spratt i County Administrator Attacliment ` . cc:, >1 :Pinellas Board of County CommissEone' zi. I 1 it'll a'I••, :: • '. ' 'F• ! • ? •. ..??lY{?,F?1.s. S?v .av • ? ?.. , ' I i.; r... ?. ` .i .v..f. .rr.. .... -.... • 1 .r.. <a•,. ... .. ..'..., i.". ..w.... .. a.n; JAC. a.{ E ' s No. a BCC 08-20-02 3:10 P.M.- RUBIO/Penhale/Sliger #22 RESOLUTION NO. 02-151 ADOPTED ESTABLISHING AN AIRCRAFT NOISE ABATEMENT TASK FORCE FOR THE ST. PETERSBURG-CLEARWATER IN'T'ERNATIONAL AIRPORT County Administrator Stephen M. Spratt recommended adoption of a i resolution establishing an Aircraft Noise Abatement Task Force for the St. Petersburg- Clearwater Intenational Airport. Commissioner Welch moved, seconded by Commissioner Morroni, that Resolution No'. 02-151 be adopted as recommended by the County Administrator. Responding to query by Commissioner Harris, Airport Director David M. Metz provided input regarding the role of the task force. Following discussion and upon roll, call, the vote was., Ayes: Todd, Seel, Harris, Latvala, Morroni and Welch. Nays: None. Absent and not voting: Stewart. i 1 1 ? i No..QZ L, L_ RESOLUTION ESTABLISHING AN AIRCRAFT NOISE ABATEMENT TASK FORCE FOR THE ST. PETERSBURG-CLEARWATER INTERNATIONAL AIRPORT NOW WHEREAS, persistent aircraft noise concerns remain in Pinellas County arising from departing and arriving flights at St. Petersburg-Clearwater International Airport; and WHEREAS, federal law prohibits noise and- access restrictions unless approved by the Federal Aviation Administration (FAA); and WHEREAS, the FAA has within its discretion the ability to reduce aircraft noise through; among other things, the alteration or modification of aircraft approach and take-off procedures; and WHEREAS, it is desirable to receive input from the communities impacted by aircraft noise as well as input from representatives of the aviation industry and government, Section 1. Scope. This Board instructs the County Administrator to develop an Aircraft Noise Abatement Task Farce (Task Force) to make recommendations on aircraft noise issues. Said Task Force shall consist of members providing balanced representation from communities impacted by aircraft noise, and representation from the government and the aviation industry. Section 2. Membership. The Task Force shall consist of not less than seventeen (17) members nor more than twenty-two (22) members, each of whom shall be appointed by the County Administrator. i Section 3. Scheduled Meetings. Said committee shall meet at leash once every three months, and shall be staffed by member(s) of the,Airport Director's Office and the County Attorney's Office. Section 4. Semiannual Report. The County Administrator shall submit a written report to the Board of County Commissioners on a senuannual . basis, detailing the Task Force's activities and recommendations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners at a meeting assembled this 20th day of August, 2002, established an Aircraft Noise Abatement Task Force to address noise concerns generated by aircraft landing and departing the St. Petersburg-Clearwater International Airport. Commissioner -Welch offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Nmerroni__ and upon roll call the vote was: AYES: Todd, Seel., Harris, La.tvala, Morroni and Welch. NAYS: None. ABSENT AND NOT VOTING: Stewart. s CITIZENS INTERESTED IN SERVING ON AIRCRAFT NOISE ABATEMENT TASK FORCE 1. ' David.Campbell 2310 Minneola Road Clearwater, Florida 33764 : 2. Lucile Casey. t 3235 San Mateo Clearwater, Florida 33759, 3. Email: www.Pressinc@aol.com ' William Pratz i Ex-Director of Community Relations at Catalina Marketing 5. J.B. Johnson tt . Ex-City of Clearwater Commissioner ; ` 6. Kevin Kerscher 3176 Downing Street Clearwater, Florida 33759 7. Patrick Milewski 3064 Hoyt Avenue ' Clearwater, Florida 33759 ` . 8. Thomas E. Nocera 3173 Drew Street Clearwater, Florida 33759 9. Dennis G. Roper ; ' 995 Lake Forest Road : Clearwater, Florida 33765 ' 10. Lynda Smith 3145 Oyster Bayou Way . Clearwater, Florida 33759 11. James & Nancy Yarbrough 3311 San Gabriel Street ' . Clearwater, Florida 33759 Email: vrww.nyarbral "tampabay.rr.com 12. Michael Berry East Lake Woodlands - Board of Directors ' E I • I t • Clearwater City Commission Final Agenda Item # Agenda Cover Memorandum Meeting Date: 10114 & 17102 SUBJECT/RECOMMENDATION: Adopt RESOLUTION NO. 02-49, approving the expansion of offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), subject to the drafting and approval of appropriate documents and meeting IRS requirements for approval and implementation, ? and that the appropriate. officials be authorized to execute same. SUMMARY: • . Eligible employees of the City have been entitled to participate in the, benefits plan entitled "City of Clearwater Premium Payment Plan" that provides the cafeteria plan benefits as allowed under Section 125 of the Internal Revenue Code in the form of a Premium Only Plan. • The City deems it advisable and in the best interest of the participants to continue the provisions of the "City of Clearwater Premium Payment Plan" for the Premium Only Plan and adopt additional provisions In order to expand the offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent'Care Coverage (Section 1291. • These additional benefits will go into effect January 1, 2003, provided all documents are in place and all IRS requirements are met. • These benefits will be funded by employee contributions only on a voluntary, pre-tax, payroll-deductible basis. Employees will sign up for these benefits during the open enrollment period, which will be held in October and November. 2002. • The plan will be administered by a third party administrator (AFLAC). There will be no administrative charges incurred for the provision of these services. Reviewed by: Legal 410- Budget NA_ Purchasin NA 9 Risk Mgmt NA Originating Dept: Info Svcs NA Cynthla Bender, Human Public Works DCM/ACM Other F Submitted by: OU 4444? City Mananer Printed on roeveled saner Dept. Attachments Resolution # 02.49 © Hone Rev. Costs Funding Source: Ci ptti I Impeovement operaunp Other Appropriation Code: NA Total Current Fiscal Year 2198 RESOLUTION NO. 02-49 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, EXPRESSING AN INTENT.TO ESTABLISH FLEXIBLE SPENDING ACCOUNTS PROVIDING FOR ADDITIONAL BENEFITS FOR CITY OF CLEARWATER EMPLOYEES IN ACCORDANCE WITH SECTION 125 OF THE INTERNAL REVENUE CODE, WHILE MAINTAINING 'THE CURRENT "CITY OF CLEARWATER PREMIUM PAYMENT PLAN" IN ACCORDANCE WITH SECTION 125 OF THE INTERNAL REVENUE CODE; DIRECTING CITY STAFF TO IMPLEMENT THE COMMISSION'S INTENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to continue to recognize the contributions made to the successful operations of the Employer by its. Employees and to reward those contributions by continuing to provide a cafeteria plan for those employees who now or may hereafter qualify for participation therein; and WHEREAS, eligible Employees of the Employer have been entitled to participate in the benefits plan entitled "City of Clearwater Premium Payment Plan" that provided the cafeteria plan benefits as allowed under Section, 125 of the Internal Revenue Code in the form of a Premium Only Plan; and .WHEREAS, the City deems it advisable and in the best interest of the Participants to continue the provisions of the "City of Clearwater Premium Payment Plan" for the Premium Only Plan and adopt additional provisions in order to expand the offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129); now, therefore, BE IT'RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby expresses an intent to adopt additional provisions in order to expand the offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), on a voluntary, payroll-deductible, pre-tax basis. City staff are directed to implement this intent by 'having prepared either amendments to the existing Plan or documents establishing a new Plan, as appropriate, and by collecting enrollment forms and payroll deduction agreements for the new offerings during the open enrollment period, to the extent allowed by tax law and regulation. Resolution No. 02-49 I Brian J. Aungst i Mayor-Commissioner E1 Approved as to dorm: Attest: ?t •1 161, T , Leslie K. Dougall- ids Cynthia E. Goudeau Assistant City Attorney City Cleric . '4, AE ' 4 Commissioners: The enclosed information is being provided in advance of the Flexible Spending Account presentation on the agenda for Monday's work session. These new benefits are being proposed to be effective January 1, 2003. Flexible Spending Accounts (FSAs) are available under the Internal Revenue Code. These plans allow employees to redirect part of their salaries on a pre-tax basis for either unreimbursed medical expenses or child care expenses. The money in these accounts can then be used during the year to enable the employee to receive reimbursements for qualified expenditures. AFLAC will be the third party administrator of these plans. There will be no service charges incurred for this service. AFLAC will meet with each employee individually to ensure the employee understands these benefits and can decide whether these benefits would be valuable to him or her. The City will not incur any expenses for offering these plans to employees, other than the administrative tasks associated with coordinating the plans with AFLAC. The only risk to the City is the possibility of having to pay for unreimbursed medical expenses that were paid to an employee who then leaves City employment prior to contributing the full amount to his or her FSA. We think these benefits offer a great opportunity for employees to save money and we highly recommend approval in adopting the resolution. If you have questions about these plans, I will be glad to answer them for you. Cynthia Bender Human Resources Manager 10-11-02 N `?. .. ' ? ? '.. t. Est . ? ? I ? .. .• 1 i ? I i ' I i'F 1, - 1 ti 1 ??IY???.l?rh?i:ltpYywlrof=t-?S, w. .a... ... ' 'i ' i .' _,,... I _- _ _I. __ '__ _ -?_- .. ............ ... .. . .. _ _, ..,.-.....s .L .?l.r..v_? 1 ' 0 im 3. 1 r i r 1 ' v >= 0 a? u c1) ® • o • t? N OO O? O 1 ,It ov) V ? X LLJ O 'm GY >, C .0 O E O E tls N N G CD a1 O 4i E S E a \ (A E O N L x o LO x Q U cn L CD = 8L = N M N c . . . 0 0 O N O N `^ w r ' E O N N ? r N #. 0 m N ? E o in x 0 CD N w .= EL W . 0 LLr) LLf) O L!) O O N 1` r CO : I- , , .? ta V? x E w x w N O O CL x u ¦? :. 0090*. L LO 0 00 0 ?rm um (D 0 0 V? L 0 Now C M ?... Ja E L ® d? 0 Qa 0 0 L L ® E v 4x ¦... L W E N O c . t W U) N a .? _ E °' (D CL , ca v 0 O Cl) 7, T1 j, C 2 a) -0 0) U ' a O CL IL CL n c i X H. 'co . •? w c ? . O •5. W ? U 43 2 c E a >C -- E Q- ca CL •r 0 0 N , 0 p +r ,. N C C . Q cL ? N U N O (D. .. 0 N CM L O (z CD f i V ¢ U 0 CD .? O O O c s, • .. ELI Q f C: (D fr. 0 -55 03 LU ,.. N U U C7? 'a) cti N . to O a a. m a. U) F- Q C7 o c ca 0 •M W LL m C 0) G c O 'a »- ' O a o a D . 'E2 N 0 L) z (L) cm 0) :. J N O N N C p 'DO N co O •? C: O CL r- :3 +' N ` o 0 E O (1) N ?' CL :? •CL >, _ C', O U C: v 0 C ? a? O a? C? ?+ U W 'D v 'a U c CL 2 •E •r . C 12 .C N C 'O i O N A C U .C x O a Q O O O O ' c? n E v d U ) IL Z z O O 2 Z (n .G E N c p • o m w (D N 0 N a`, co ? •o aD ?, a) z,- N ca o 0 M C.) cm 0 CD U) (D m• 0 U v co w > 1 .w 4} w . i CD W co v I 0 o ' r . c N ca `L7 C €' W a 0 , ; . E2 •a •? :3 C) c • W ? O ? N Z °. Q. c '> c x +m W Lo 0) o as ca L .. W .a, c 1 ? ,? ? 04 ? ' n I W C .O O N cC '? c N U a `" f i ui a cn c , w z a c '. Z a .a t .., x? LL. Q) CL U c? O O .?. 9 E co -0 c, sa Q a J I7 CL m .n a? E . is •0 4. ? ao c? m E ca sc a K E aci E `d o 0 W ? co ' > ' ° CL X N . , . O ... w c N v L- *" ? d 0 N •?. »? w D E o. co .-. is ( E co C.) 0 C to :' crn a. N E CD a CM C 0. E w c c E N 0 cn 2 -o cn cn c E cs cm c N w n o 0 & V U N, ? c cn ° C ,- u7 . N m' .c a E .o 0 en o a U cn CD a. a c m 4) w. v v co c ? U sca 0 a. ?y -ra y 0 O d a)' m Q 0 c in Q (D in a) 0 - a) 0 CM wz ? E a E L Q •? E L... Co , 0) 'a a u c s , 0) c O Cq C) s c Lr W W 2 Q (D Z W, o x ' cn = O 2 '. c c rn a a i ` C N E N r O CC y a+ «-Er a?a?E U) CL '_E „ Im C) 0 CL 'r• E CL as ? . ? ? aauiw ?Ik'Jk:it '(u:)?y: •.-mow .. ..,.+ .. a aaa? L L 0 a? a? L a? awa a? L a? a as! a aara ?d naa?a L O r.L CL .4) 4) 400 0 4) 1.. L 0 0 r ? L 13 a aas! CL -- a T) C) N G Q r-+ ¦ ssso sates s? s? ¦ sress ui d Mr di E ioc arras . satyrs low E I= arr" ?ruarrr m c ? a o m ¦ sas s sas Cr C. 0 0 ® 0 sasas 0 m a%Inn V m sm CL s? L Lea 0 m m CD 0 E .0 ? ,•N, E ¦? "WON 0 BMWs" 0 Lm X: a? •? 0 a rrrro E 0 also r? A O CL 0 N O G1 0 0 F.. m •9 a Cl) 4) L V Nina d N Qa 0.0 .0 •? cr m CL .? cL E 0 0 0 is . 0 A ?. cm c? 4a 0 ?-' g? Ca E 0 ?.. Q 0 %1? .? 0 C) X Lm 0 00 4) CGODD) CO) or% lqr ACS • ? E LO. ® -? 0 0 .® ¦? 0 ?o - L C h.= L ?d LM 0 tV ?a W E 13 C ®' U) o? *08 r ? s 0 .? 0 C 0 E 0 C ca 0 0 C c? 00 e }? e I N N O 0 . ?r Now= CL mom 0 n mom man 0 0 0 amm 0.0 OR 0', an 0, W MEOW R xEwa (D R0 Rswo E E 0 i 0 ? R R? o 0 C an c x 1R 0 on M cu 0 RU E 0 0 ? .0 4) 0 m E Lu 0 Q c*? f, i Clearwater City Commission Agenda Cover Memorandum Worksession Item 11: -EA i Final Agenda Item 11 Meeting Dale: 10/17/02 SUBJECTIRECOMMENDATiON: Adopt Ordinance Number 7044-02, on first reading, amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. ? and that the appropriate officials be authorized to execute same. SUMMARY: • The adoption of the Simplified Communications Services Tax laws in 2000 and 2001 amended Florida Statutes, chapter 166.231, Municipal Public Service Tax.' The new laws and corresponding amendments require the City to amend Article III, Public Service Tax section of the Clearwater Code of Ordinances to make our ordinance more clear and concise. • Changes to the city's ordinance include: • Deleting all the language regarding the provision, sale, and resale of all forms and types of telecommunications services. State and City telecommunications services law is currently detailed in Florida Statutes, chapter 202, Communications Services Tax Simplification Law, and City Resolution 01-22, adopted June 21, 2001. • Deleting and amending definitions referencing telecommunications services and adding general definitions on electronic transfer, seller, tax, and remittances. • Adding language referencing a fuel adjustment charge as stated in Florida Statutes, chapter 166.231(b). • The stated changes are mostly to correct wording and language, and do not amend, change, or modify the intent and enforceability of Article III, Public Service Tax of the Clearwater Code of Ordinances. Reviewed by: L Originating Dept d Info Tech NA Legal , Internal Au it ? Budget NA Public Works User Dept. Purchasing NA DCMIACM 2V Risk Mgmt NA Other NA Attachments Ordinance 7044-02 Submitted by:; ? None City Manager 10 Printed on reeveled naner Costs Total Funding Source: Capilal frnprorrra ltl QIM.r.iting 0Iher Appropriation Code: Current Fiscal Year Rev_ 21411 ORDINANCE NO. 7044-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PUBLIC SERVICE TAX; AMENDING SECTIONS 29.71, 29.72, 29.73, 29.74, 29.75, AND 29.76, CODE OF ORDINANCES TO BRING SAID ORDINANCES INTO COMPLIANCE WITH STATE STATUTES; PROVIDING AN EFFECTIVE DATE WHEREAS, Sections 29.71, 29.72, 29.73, 29.74, 29.75, and 29.76, Code of Ordinances, relating to public service tax, needed revision because of changes in state statutes; and WHEREAS, the City Commission finds that these changes in city ordinances are needed to be in compliance with changes in state statutes; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY, OF CLEARWATER, FLORIDA: Section 1. Section 29.71, Code of Ordinances, is amended to read: Sec 29.71. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Assess-Gharge-or-right-o€-risess;-IosaPelepbone-setvice,-priuate-corm uniGatiet4- sen4Ge-telesomn4unisation--seMe,e;-teletypew tener?semput$r-ax-Gl?ange-senfiBe-ar4d- tolFtelepleexae-,seAq . ce-rneaa, as-set-farth4R-F-:,S:-2-G3.012, as-the-defin+tiens-rna) b- - arnended-#om--fime-to-tim"hiGh-definition s-are-adepted-and-incorporated-by- referenGcl Electronic transfer means the use, by the seller, of the _Automated Clearing House ACH or other electronic transfers stem approved b the Finance Director, to send the taxes directly from the seller's bank to the Cm's bank. Purchase in the city means, with respect to public services subject to the tax levied by section 29.72 except--telecomr-uRication-sewiees; every instance in which the commodity or service is delivered to a purchaser or consumer within the city, regardless of whether the seller maintains its business office within the city or elsewhere. With respect tG -teleoomFnunieation-services; the-terra--shah-be-synonymous-with-the-term "?ded4n-the-sity"and-both-ter-ms-sha"ave4he4neaning-provided-by-state-law: Seller means 'a person, firm corporation- or other legal entity. who sells a service Ordinance 704402 s_ ubiect to a levy. Tax means the municipal public service tax authorized under 166.231 F.S. Remit, remittance, remitting mean the sending by the seller and receipt by the City of all taxes levied and collected pursuant to Sec 29.72. The date of receipt of such taxes _by_ the City will be the date of postmark, or if by electronic transfer, the date received by. the City's bank as indicated on the City's bank statement. Section 2. Section 29.72, Code of Ordinances, is amended to read: Sec. 29.72. Levy (1) Utilities Public Sdrvice Tax. There is levied by the city on every purchase in the city of electricity, metered or bottled gas (natural, liquefied petroleum gas, or manufactured), and water service, a tax of ten percent of the payments received by the seller of the item taxed by this section from the purchaser for. the purchase of such service. The tax levied by this subsection shall be collected by the seller of the item subject to this tax from the purchaser at the time of payment for such service. (2) Public Service Tax on Fuel oil. There is hereby further levied by the city a tax on every purchase in the city of fuel oil at the rate of $0.04 per gallon. This tax shall in every case be paid by the purchaser of fuel oil to the seller of fuel oil. The tax levied in this section on fuel oil shall be collected by the seller of fuel oil from the purchaser at the time of payment for such service. The term "fuel oil" as used in this subsection shall include fuel oil grade nos. 1, 2, 3, 4, 5, and 6, kerosene, and coal oil. {3}-? IesemmuRisatiens-seatises-Ther,94s-levied-by-Oie-city a-tam oa-eve"ur-&ase4r?- . the-ci"f- teiesammusieati©n-sepise-that-erase'pates-and-termiaate&4n-this-state; at-the-r-ate-aft pereent-af-the4otal-amoL4nt-char-ged-for-any-telec©mmunieatien-seNise4he-sourAGe-af- which4s-asstibed-to-th city-ors-the-basis-of-biliir4g-address-or-sewise-addr-ess-as-esed- consistently-bar the-seller; provided-awithin-the-ci"r-, if4he-losatioR--of-t-he- teleGGmmuniGatioo-sewioes-provided-sanno be-deterreined ,the-total-amount-bllled-fer- E;uGh teleeommusisati$n-sewise&4G-a-telepheae-or-teleph,Dne-number; a telecommunications-number-or-devise-er-a-eestoreer's-billigg-addr-e664oeated-wit-hip-the- elty;-exsludiag-pabiis-teleph,ane-char-ges-cellected-en-site,-4?targes #or-any-foreiga- exshange-seWise-of-aay-private-line-sewiGe except-when-rsurh-services-are-used-or- sold-as-a rubstitute-f©r-aWelephGne-Gempany-switched--service-or-dedicated #aritity-by- wbish-a-telephope-company-provides a--omrnunicati©rc-path; access-Gharges; ar+d-any- customer-asoee,"ine-charges-paid-to-a4osal-telephone-company: However; telecomraunioations-services-as-defined4nXj20 2-(- -F-S-as-mays be-ameaded-fr-Gm- time44@ time-tG7&hail-be4axed-only-0n the-monthly-recurring-custom- er-ser-vise-sharges- excludincg-variable-usage-charges; Ordinance 7044-02 3 The tax imposed b paragraph(l) shall not be applied against any fuel adjustment charge, and such-charge shall be separately stated on each bill. The term "fuel adjustment charge" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. Section 3. Section 29.73, Code of Ordinances, is amended to read: Sec 29.73. Payment; collection. It shall be the duty of every seller of electricity, metered or bottled gas (natural or manufactured), water service, or fuel oil or-.telesomrnunication-seFvise tto collect from the purchaser, for the use of the city, the tax hereby levied in this article, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the 20`h day of each calendar month, or quarter if applicable, or if the twentieth day is either a legal holiday or is not a city business day, then on or before the first city business day, that is not also a legal holiday, unto the finance director, all such taxes levied and collected during the preceding calendar month. Any seller of electricity, metered or bottled gas (manufactured or natural), fuel oil, and water service aRd- teles9mmuRisatiBR6-6eMGe failing to remit to the City on or before the twentieth (20th) day of each calendar month will be subject to the provisions of Sec. 29.77 paragraph (7). Section 4. Section 29.74; Code of Ordinances, is amended to read: Sec 29.74. Records of service. (1) Each seller of electricity, metered or bottled gas (natural or manufactured), water service, and fuel oil anel-telesornmunicatiGn-service shall keep records showing all sales in the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of payment therefor. Duly authorized agents of the city may during the sellers normal business hours at the official location of the seller's books and records, audit the records of any seller of a service that is taxable by the city under §166.231, F.S. or §166.232, F.S. for the purpose of ascertaining the correctness of any return that has been filed or payment that has been made, if the city's power to assess tax or grant a refund is not barred by the applicable limitations period. Each such seller must provide to the city, upon 60 days' written notice, access to applicable records for such service except that extensions of this 60-day period will be granted if reasonably requested by the seller. (2) Each seller of services that are taxable under § 166.231, F.S. or § 166.232, F.S. shall preserve applicable records relating to such taxes until the expiration of the time within which the city may make an assessment with respect to that tax; however, a seller is not required to retain duplicative or redundant records. The term "applicable Ordinance 7044-02 records" means records kept in the ordinary course of business which establish the collection and remittance of taxes due. Section 5. Section 29.75, Code of Ordinances, is amended to read: Sec 29.75. Computation Period In all cases where the seller of electricity, metered or bottled gas (natural or manufactured), water service or fuel oil or-teleroinmunicatiar4-ser-vise collects the price thereof at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed. Section 6. Section 29.76, Code of Ordinances, is amended to read: Sec 29.76.Exemptions. (1) The United States of America, the State, and political subdivisions and agencies thereof are hereby exempted from payment of the taxes imposed by section 29.72 Such tax shall not apply to sales of bottled water. . (2) There is excluded from the tax levied and imposed pursuant to section 29.72 the following; (a) Purchases of special fuels as defined in §206.86, F.S.; (b) The purchase of not more than five gallons of fuel oil delivered at the seller's place of business into the purchaser's container of not more than five gallon capacity; (c) The purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines; (d) The purchase of natural gas or fuel oil by a public or private utility, including municipal corporation and rural electric cooperative associations, either for resale or for use as fuel in the generation of electricity; (a)--The-puF&ase-af4osal telephone-seaFise-eFati;er-telecommunicationr,se ise- €or-use4n-the-conduct-of a4elecorramuAisatioRs-seMGe-fer-hire-sFOtheRNIse-fGr r-wale: (q--T-h"ur--.hase-o€-an-y-item-etheFwise-subject-to-the-tax-leuied4ay-sestiGn -2.9:7-2 by-a"cogflized-shurrh-in4his-state-€er-use-exclusively r-GhurGh-purposes- and-p de-b"ny4eligiou&4nstituUon-that-possesses-a-coRsurner- seFtifisate-of exemption4ssued-under--c.hapter 212, F.S. (e) Purchases by any recognized church in this state for use exclusively for church purposes. Section 7. This ordinance shall take effect immediately upon adoption. Ordinance 7044.02 SUBJECTIRECOM MEN DAT1 O N : Clearwater City Commission Agenda Cover Memorandum Worksession Item #: M \ Final Agenda Item # J Meeting Date: 1011'7/u2 Adopt Resolution 02-47 authorizing Supplemental Agreement #2, to include the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two aircraft T -hangars and one corporate hangar at Clearwater Airpark, increasing Department (FDOT) funding by $268,800.00 and decreasing Agency (City) funding by $95,300.00 for a net increase of $173,500.00. 19 and that the appropriate officials be authorized to execute same. SUMMARY: The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two ten plane T -hangars and one corporate hangar at Clearwater Airpark, 1000 North Hercules Avenue by $173,500.00. The new total funding provided by FDOT for this JPA is $818,800.00. The Cities contribution has decreased by $95,300.00 due to the increase percentage contributed by the FDOT. This increase represents eighty (80) percent participation on the part of the FDOT, twenty (20) percent for the City, with no additional cost to the City of Clearwater. Funding for this project is budgeted in the 2002/2003 Capital Improvement Program. Reviewed b legal Info Srvc Budget Public Works Purchasing NIA DCMIACM Risk Mgmt NIA Other SLIbmittedby: jJ„ _ City Manager Printed on reamed Daner Originating Dept Costs NIA NIA Marine and Aviation (Bill Morris) 'total User Dept., Funding Source: ,,-Marine and Aviation Curren) FY CI Attachments O P 1. Resolution 02.47 Other 2. PASuppl #2 A1076 ? None Rev. 2198 RESOLUTION NO. 02-47 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING SUPPLEMENTAL AGREEMENT #2 TO COMPLETE THE STORM WATER MANAGEMENT PLAN FOR THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION OF TWO AIRCRAFT T-HANGARS AND ONE CORPORATE HANGAR AT CLEARWATER AIRPARK . INCREASING DEPARTMENT AND AGENCY FUNDING BY $173,500.00; PROVIDING AN EFFECTIVE DATE. WE EREAS, the Florida Department of Transportation (FDO7) has agreed to provide funding towards the completion of the Storm Water Management Plan in addition to the design and construction of two (2) aircraft T-hangars and one (1) corporate hangar at Clearwater Airpark under joint Participation Agreement FM No. 40300619401, Contract No. AI076, a copy of which is attached hereto as Exhibit "A": now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; .. Section 1. The City Commission hereby accepts and approves the Supplement #2 to joint Participation Agreement between the City and the State of Florida Department of Transport ation, FM No. 40300619401, Contract No. AI076 to complete the Storm Water Management Plan in addition to the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2002. Brian J. Aungst Mayor-Commissioner Approved as to form: Attest; an . Ruff Cynthia E. Goudeau Assis t City Attorney / City Clerk Resolution No. 02-47 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725.030.07 PUBLIC TRANSPORTATION PUDLICTRANSPAOMIN•07MO SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 1 of 4 Number 2 FINANCIAL. PROJECT NO.: ? Fund: 010 ? FLAIR Approp.: 088719 40300619401 Function: 637 FLAIR Obj.: 750004 Contract No.: A1076 Org. Code: 550'72020728 Federal No,: n/a Vendor No.: F596000289002 Catalog of Federal Domestic Assistance Number: n1a Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of. by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Cif of Clearwater P.O. Box 4748, Clearwater,, Florida 34618-4748 hereinafter referred to as Agency. W ITNESSETH: WHEREAS, the Department and the Agency heretofore on the 21st of dune 2000 , entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $818,800.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to. the other, the parties hereto agree that the above described Joint Participation Agreement Is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to Include: Completion of Storm Water Management Plan. 2 Exhibit:. "A" f I I s FORM 725.010. ? PUBLIC TftA?I5P ADFAN - 07100 NgaBof4 Financial Project No. 40300619401 Contract No. A1076 Agreement Dale ` Except as hereby modified, amended or changed, all other terms of said Agreement dated June 21st, 2000 and'any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY DATE FUNDING APPROVED BY COMPTROLLER City of Clearwater (SEE ATTACHED ENCUMBRANCE FORM) NAME, LEGAL REVIEW William B. Horne II DEPARTMENT OF TRANSPORT ION City Manager TITLE DEPARTMENT OF TRANSPORTATION Attest: Donald J Skelton', P.E., District Director of Planning and Production 5.,.. Cynthia E. Goudeau, City Clerk TITLE. Countersigned: Brian J. Aungst, Mayor-Commissioner ' Approved as to form: a I?? f Aryan; Ruff', Assistan ?/City Attorney FORM 72"30.07 PUBLIC MAW ADMIN • 07100 Page 4 of 4 Financial Project No. 40300619401 Contract No. AI076 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that ceriain Supplemental Jo)nt Participation Agreement between of Florida, Department of Transportation and Ci!yof Clearwater P.O. Box 4748; Clearwater, Florida 34618-4748 dated DESCRIPTION OF SUPPLEMENT (include justification for cost change): i • t This Supplemental Agreement Is to Increase Department and Agency funding as a result of a added project description and Increased estimated construction costs for the construction of the aircraft hangar. t. Project Cost: As Approved As Amended Net Change $850,000.00 $1,023,500.00 $173,500.00 f' Total Project Cost $850,000.00 $10023,500.00 $173,500.00 1t. Fund Participation: As Approved As Amended Net Change Department: $550,000.00 $818,800.00 $268,800.00 Agency:. $300,000.00 $204,700.00 -$85,300.00 Other: Total Project Cost $850,000.00 $1,023,500.00 $173,500.00 Comments: The Department may participate in up to eighty percent of the non-federal share of this project as provided by Florida Statute 332.007 (6). ..,, ,, 1 .1 APPOINTMENT WORKSHEET .# 1W . A. N h FOR COMMISSION MEETING October 17, 2002 Agenda # BOARD: Municipal Code Enforcement Board MEMBERS: 7 TERM: 3 years CHAIR: Lawrence "Duke" Tieman APPOINTED BY: City Commission MEETING DATES: 4th Wed., 3 p.m. FINANCIAL DISCLOSURE: Required Nov. and Dec. - TBA RESIDENCY REQUIREMENT: City of Clearwater APPOINTMENTS NEEDED: 2 ,SPECIAL QUALIFICATIONS: Whenever possible, DATE APPOINTMENT MADE: this Board shall include an architect, engineer; businessperson, general contractor, sub-contractor & a realtor THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Sheila Cole 1998 2 absences Yes 252 Dolphin Pt., 33767 Retired - Director National Weight Loss Co. 2. Franke Huffman 1996 Not eligible for reappointment served 2 terms 1565 Elmwood St., 33755 Architect THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. 1. Richard Avichouser 1621 Gulf Blvd., 33767 2. David Campbell 2310 Minneola Rd., 33764 4. Jay Keyes 100 Devon Dr., 33767 5. Diane Smith 55 Rogers St. #P4, 33756 Zipcodes of current members:. 1 at 33755 .1 at 33756 1 at 33761 2 at 33764 2 at 33767 Realtor/Investor Retired computer systems analyst; past member C-View Task Force; CERTAF Retired Business Manager Real Estate SEP-27-96 04:01 PM SHEILA/COLE 913 44: 1613 P.02 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater ta5idQlt) Name--_ 5Nirl LA f„1 C:0 Lj[-: Home Address: C .AEI ?ATZ ._ zip: 3?b31t Telephone y?f1 3t_9 Office Address: ZIP:. ...... Telephone _0'u.• 442 How Long a msidant of the City of Clearwater? rs Occupation _ P?_L_71 R.06 _ Field of Education: Employer Other Work Experience: '1IAQ67EL Wirt, owA54its-1 If retired, former occupation + e. ` Dlu4 0.0 . a Community Activites:C._.?•...'.?IYI P-DA1.1 `t1o" or- C.i.C?l wsa4rtlz Jioi4C v>Ae.P_ A-z?- . % 6LIL+I, )4 o`rirra7o2 U Ckwil .i !,2 n oft- - Ck:&_QLalj . C? C !' • ky-d? ?4 fog • C H M t e Cq- ,:,it•a10fi4.0re- CY. ro CttMIST]E1Rs' 0chT PA(tAt,. •a f'. TD 4-1C bir- !L'r.?0LrC Other Interests:""' Nra4?? wr s-MM TVS *C.Q 1FC70 fo%A-eiK L1 kE 6 AOLL-p% Board Service (current and past) Board Preference: .g Rg-U,Aiclu Mel Ch ?_i XF mo"'r pciee~sr-D Td `ea>4E on Mort., !F I QOA?(-.A W CjA.t. b ee. W 1 s_L J r1G 1'0 C.1t19 AGI E Additional Comments: Sinc-rar __ ?syjIr c. Signed: ?r z -y Date: f, ?z_ Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's 'Department P.O. Box 4746 Clearwater, FL 34618 n C ??? t'V1??C'? '?a C_O'W'? ? lR•??' r' ? -?- f - ow I`.1 l ?'' ?? ?al3l tq ?' ? Q?31 a.do 3- ?loP il V w 3 ? C? t? ? 1, Sent Sy: 3RTR CLRWTR ASSN Or REALTORS ; 727 533 8244; 05 Apr 01 9:15PM;Job 195;Page 4/S .3-2901; 9:37AM;CITV CLERK DEPT. irzr 004 -fvoa. " 10 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater rosident) Nam: i c•-L% q M IC?. e Harry Address: le 92 U Telephone:, 6a 447 - Office Address: Sis 1N sT- ., -.3 y ,V 4-vim zits- 3 q 4.-9 e Telephone:, _2EO4 Is-el How long a resident of Clearwater? Oocupz ion: NSF L.-'ra _ Luxe slot Employer. s SL r Field of Educa#tan: Other Work i'xpeMnce: ES '3v;s,?NE.SS,r, ?e y4 Tzs?? asi' ,w? ti?sv?vcF If lratirad, former o=upatlon: --? ¢ ra S Community Activities: va*o -m -7' L s o ev- V0 .Other IntemstS:_ /4 hPvrrILM ? Board Bervlce (current and past): Board Preference; naft!LW .4 ap vksosl B an AA AA &v7- AD L-- W CU M A4 Lj =&e L Cx- P n1 .u JJGZ-eUL?? M C- E Additional Comments: Date, 9 -- vl See attachad list far boards that require Financial DiWoeure at time of appointment. Please return this applicallon & board questionnaire for each board listed to: q..,,, ,,., ,,, City CWWv Mpartment, P. O. Box 4748, Clearwater, FL 33758.4748 or drop off at Cky Hall; 2nd . i, Floor, 112 S. Osceola Avonul3 • (Wcer - i g -U I - t1 ?? t COIL '6 0 V JUN lAL??vLSIf?" Sent 0,y: GRTR CLRVTR ASSN OF REALTORS ; 727 533 8244; 05 Apr 01 9:15P?A;.Job 195;Rago 515 ?. '3-26-01i 9:37AM;CITY CLERK DEPT. yrx? nnG 4Vtlo Tr BOARD CIUESTIONNAJRE 1. What la your tmder6tanding of the board's duties and rasponaibiptles? CC.p,fj I s ?1o Z?. n,u use LjQ .._?_ 2. Have you ever ob3arved a board meeting eithtr in person or on C-Viaw, the Ci-ty'!g TV station? 3. What background analor qualifications do you hava that you feel would gUaslify you to swo on -this board? 7 ra ry?J Rm l- 3v .e rzs Lr -v F3 V N Q"sv!v ,i4 1"o C- 4. Wily do you want ra serve on this Board? v LT--( S a F C c t?_f??? ?-r a T-A V o viKr _-(Atc-e, _?Wd /1l_ CUB. uNl 1 Ndme; I c k I O-P VC board Name. . ±..r AIT Ij1)1 ?:I?i?'. ?;l. is ?'t•?; (??:?;? • , i'i'i?,?l.:f'•1 f' „a•.?., .......?. a ... ..... ? .? . CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater es de ) SEP 2'7 1996 CITY GLIERK DEPT. Name David W, CamabellHome Address: Office Address: 2310 Minneola_Road _ Clearwater, or' Zi : 34624 ZIP: Telephone 72E-1276 Telephone How Long a esiden of the City of Clearwater? since 199Q Occupation Field of Education: Comp-Wer Science .-•-- Employer Other Work Experience: If retired, former occupation computer systems-analyst- Community Activities:. homeownerg.aspocigtion, Coalition of Clearwater Homeowners Assoc- Other Interests: Board Service (current and past) OE3_T_AF CHEW Advisory Task Force Additional Comments: Signed: b? I - -v - Date: ?9:gplember 27. 1996 Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 9 o r? 114 w C-&8 Board Preference: MCEB ' BOARD QUESTIONNAIRE ]. What is your understanding of the board's duties and responsibilities? Review the cases brought before the board and determine whether the are in violation of the city's Code of Ordinances and/or Community -Development Code. 2.. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I have watched virtually all of the monthly MCEB meetings for the past several years. 3. What background and/or qualifcations'do you have that you feel would qualify you to serve on this Board? I hame been-veM actime with Clearwater oovprnmel3t aclLvitips -for ova[ jen years Including very close coordination with the Community Response Team in their establishment and exercise of policies and procedures for code enforcement. I served as a member of the Code Enforcement Review Task Force (CERTaF), a Commission appointed body, to refine the City's Code of Ordinances. CERTaF was responsible for es a is ing what is known today as the Community esponse Team On numerous occasions I have participated with staff on creation or changing of city codes, 4. Why do you want to serve on this Board? believe that I can serve the City of Clearwater well as a member of this board because of my knowledge and understanding of the Community -Development Code and Code of Ordinances. I have an understanding of the purpose of the Board and believe I can contribute significantly to Its function. Name: David W. Campbell Board Name: MCEB 71 3 ? e CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAf4'bg o 5 ZdV (must be Clearwater resident) 0,D1 Name: Home Address: Office Address: .? p d V, rV ?r v '7 7? I- -e cf C C CA/?Ut A 7 R zip 33 767 Telephone: 72-7 -- ?V' 17 V 7 How long 'a resident of Clearwater? 3 Y Occupation: R-C fi"i' 4 el Field of Education: fs US ? WV V S S /1'778 ap If retired, former occupation:_ Community Activities: _ csr l, -? ° w z Crr.?6- U-jz yf`- r 3 "'° Assam Other Interests: Board Service (current and past): Board Preference: I? e t, St Additional Comments: Signe ?.?•?------ Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0. Box 4748, Clearwater, FL_ 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Other Work Experience: ,+x-la /)- ` ' 1'?4 7,0 -Z rt- t Telephone: 1 ?TS?au??y r d Lu4,//7-e-- Zip Y?Z ? s Employer: BOARD QUESTIONNAIRE 1. What is your understanding of the board's duti?es? and responsibilities? i.l. ! ?'/??t?c C L ? a ?? f / ud..aC W/ c 7 f• 7e C'! tom/ H 3 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? 4. Why do you want to serve on this Board? A4 17 'f a Y f '? ti a ti•r?. ???? y au ??TL, Name: 4 Board Name?? ?c 4< tp-lri Y 4 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS ,(must be Clearwater resident) Name; _- Home Address: A- ?? u ,s.?,? C? zip 4?TSSP Telephone: Office Address: c c tS ?. Zi 33 Telephone: How long a resident of Clearwater? Occupation;-u.? Employer: ??-,?r &%(\ Field of Education: If retired, former occupation: Other Work Experience: Community Activities: Other Interests:, Board Service (current and past): Board Preference: Additional Comments: Signed: - '?•? Date: ) y 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 4CI .1. 6 2902 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities:' .-- 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? ti aM? 4. Why do you want to serve on this Board? a G D -- Nam Board Name: \,,, CC_ (kcA MEMORANDUM To: Mayor and City Commissioners: From: Garry Brumbackr Assistant City Manage Date: 10/11/2002 Re: City Manager and City Attorney Pay and Benefits Human Resources conducted an analysis of the salaries and vacation/sick days cap for the City Manager and City Attorney in comparison to our benchmark agencies. Vacation: A direct comparison is difficult since no comparative system is similar to ours. Our research found: 1) Agencies that offer both vacation and sick leave provide the following: * City of Lakeland: accrues 150 hours a year in vacation, allowed to carry over and have a maximum balance which caps at 160 hours. Sick leave is accrued at 90 hours a year, there is no maximum cap on hours, but the maximum monetary payout is $8,000. 9 Hillsboroush Coun : accrues 90 hours a year in vacation, allowed to carry over and have a maximum balance which caps at 320 hours.. Sick Leave accrues at 90 hours a year, there is no maximum cap, but payout on accumulated hours is limited • City of _St Petersbure: accrues 180 hours a year in vacation, allowed to carryover and have a maximum balance of 480 hours. Sick Leave accrues at 128 hours a year and there is no maximum cap. 2) Agencies that offer Uni-Leave: City of Orlando: accrues 165 hours a year, allowed to carry over and have a maximum balance which caps at 800 hours. Pinellas County: accrual and cap limits are based on the number of years of service. The accrual rate range is from 144 - 256 hours a year; allowed to carry over and have a maximum balance, maximum cap balance ranges from 432 -- 768 hours. The current general leave for both the City Manager and the City Attorney (combined vacation and sick leave) accrual is 35 days per year (262.5 hours) with a 90-day (675 hours) cap. The survey results show that other jurisdictions, particularly ones with- uni-leave systems, allow positions at these levels to.have a higher accumulated balance of leave. Taking into account the 1 data for agencies that offer both vacation and sick leave programs, it also illustrates a greater accumulation balance for positions'of similar levels. Internally, these positions accrue the same leave benefits as other SAMP employees. However, other SAMP employees are permitted to have a higher m; ximum cap balance of 640 hours, Recommendation: Increase the general leave accrual cap to 800 hours (106 days). Sala :. We compared with our benchmark agencies a simple averaging (which is the conventional means we use for salary comparisons), as well as a comparison using the salaries of organizations similar in. op2ulation, budget, and total FTE's (the five agencies directly above and the five agencies directly below Clearwater were compared in these categories). 1) The City Manager's salary is $14,129 below the simple average, $14,903 below the population average, $12,919 below the budget average, and $22,763 below the FTE average. .2) The City Attorney's salary is $18,047 below.the simple average, $13,041 below the population average, $4,945 below the budget average, and $7,934 below the FTE average. Detailed graphs and charts are attached with a detailed analysis of all the data we evaluated. Recommendation: Provide salary increases to both the City Manager and the City Attorney to bring them to the average of the benchmark agencies surveyed by Human Resources. Current Salary Proposed Increase Proposed Salary City Manager $120,000 $16,200 (13.5%) $136,200 City Attorney $115,000 $8,500 (7.4%) $123,500 If you would like to discuss any portion of this report and/or recommendations, I am available at your convenience. . ? 0 t+E M I , J NNp p t[3 to 0c U q p??p N 10 P OOg O 1, ? ccpp n ppi . N ? Q[+?. CrI %# co V ? LO n7 u7 N N ? ? pp N 0: cl- C V QQ' pp ..: G ? c ? 0 n co ? j r N 1 ? c"7 t•] N SrJ p P OD #i ggo cO pp g N N U ?r-:t1 r zg !r• `f i U ??D r r r r r lr` .??! I {j eN ?;E j,' .5. Z co U) N V t? N {{nnjjrr? •;i ii.. . V U O a? x W }ll ? 2 i? U1 #.LJ lL Do ui Z o? agz a N O 'C Q V O 0 U ? t cp? c lg 0 (> gg p ?jj V• gg O 7 i ',r U ri a N pp 0: icg g N i N N ?O N , r C> co co n ' f U fir. it ?,1 ? l aF, Z 3 N AM, s• f? f` N r ? [tj 'O ? N Cj W ii ? i s?x? ! . c L1J Q?Q Q Q ? ? ? Gm??Qw d a3??e O? ¢g I ?Q-U? U a a a d3 V s.. w ca v V o w w J . Z f O CL O m JIA' oo X11 N o 0? O Lo Il z 0 1 . y??1 Q [mil Q • • ,1Y ?f} F f O a w co w 35 r ?.?j. I?yiti ' y3 YT?yi? ?$i ,vn T7 .C .= a) fn id • Q c .-: - CA O OY O Q?? U) E. c?= p .UVC7t?.N 2(s 0 LPL. ~ E CL W a. m M 55 O. O CL w m W U 0 w .a ' U C o ? N A w ? U c? CL r_ o o ro a g N IC O ' C E2 C3 -, lu ?o N ° I N in - • Z FE r° °I r ft 4 D N 7 I LO fl1 N • C.1 CC ui ., Cd 4 y N ' N " 8 N E Q? Wo S S P. 8 z0 . cs O c"'v d P CS n C', en ° O ?V ` c: N X17 ?f] P s? a cQv a N o ? F ti f rxaj lo i YtfF 33 f. ' ? .l.1 w. N 'ct i] N k it X3F i!a ' ?r U 1 ? 0 ?' 4J ?:,t 'f i ! o 0 pp O ? aQ} y y P c0 O C7 ?7 t?7 $ ? ? ? ? ? ? t? GCO0 f p c-0 N S tppp '? _ [O ?Njj C _ ?j r l??yyG G f `VS` aO W r- (? C CC ; C c[f 'O p v C 7 t13 C3 c? C) ?'Y C 0 C (n J - ?i w m 13 0 !? ll. a C ° a 0 A ti In N Q w Q1 .Q i m U 0 w U , . 'D ty 7 'O c lu ? L N ^L U C E? S? ' U cn p ' C Gy a) C p .0 T] Q C D as C 21 4 Q v U 4) W ID ' Q (D Q) (D C c a ? a ? a 0 o 'D ?7 a a a . E ? a c ?3 ? c N ? co 3 ? ? v) .p a) U U U U U U U U U V > N .= ? M N ti Cl) A U Qf n J? ¢ ? a O DL Q c? o a § 5, ffj I' a t i a o c•1 C' d n o 14 14 O cQe o r7 c 1. rte: u? N IT c N ' , r7 ;.+ YA .t: ; l A ii: c z C%{ a o b P Q Do I , z N P ti y Fri ; i r.i. n 3 , N c a a Q. u? N c ? r zz 0 C m G1 E U 3 I1` I Pill LU a: C9¢DA W 3 v? aQ m , Q age o$? co° ¢ 0 ,0 R t ' in q Cli c ' C 0 t ci 0 (n a) m 00 S D. c w ca 0=Z3 S?'E0EN °X m w ar ?. E ?. 'n 0 a) 3 lit ?, it Y• T! .y.• ", ? ? ` " ? e ,1, ? w ?' ... ' m • tri . to ? ' m cu 0 C%j r?•?•?. I?i,.'rl:':. •'?.?.5?'v., „iS{I,i h{ "'?1`,it r'S'1 .i_ ui ?•rl,1 :i it?t:3 !'-!. .??11>F. Si .il. ? t • ?,^' K7 ?f;" S? :;iif:.?,p ?"r,r' :4, ).y..3'?i i. "°,i, rf ?i: ` Q L ca C (L) a ?,, E ., r,. 1.,'?' ^ ui?++?' #,?'???i;; •` r„'I: t? t ; t': ^'• .it z '" i F' O ? •,?s. ?lr:srl.?i ?i"FY •r: 4`r rr-?? .Ir? 1:[», rat - ,?,? `?- U U (? t5r .Y ? ? "O co C13 C) 0 ?? '{" ' :S? •rtt`.-,? ':"•+.!+i :. r"1C?'1:': ? ?!l'ryFt/','{? "" / y 6y Q ? •U „? :n!' O U "?t ;? N .fir U O a 'O U t?1i;t ? r? i?A•177?{"' +G'? .$ ???i..t( ' i•i,'?i m ? U U ? ?.=• ? 't.i?r??. t';??s ar a 4? ;;', t {;i? i?,•::$..: ;rFt:.:? •- ? -U U f# ra. C?'3F2 ti-r ,•rttaf' cwhSl? ?'1.t;i 7 ca {a F ,: ?, C d G ? as N ?`ra ? t?i ? ? O 7 Q1 N C .0 O T'F a E N O cu w.e a CIS fig fF.-: it r . ?•it iN cu nS>??.:t:'I' t'•`f ^l;l ?d'ti:.: -f Si :1 `"r=t 4f,.wf•'_ .'.i}.' l y nca co ( C ?rSS4: f i'h:llr ,3: '?','? ' i,l.. i 'r.'tl. ,, ^Y \NV •4?/ ^` a) H, CO C) o C] O o Ci O O C] 0 0 0 O C7 CD tm w .N O M C a O C] 6 O 6 ca m O C: m T- T- T- T- T- CO ca 0) CIS. (a U? M C o -0 (U cu -0 U U Co .... m ry ? ? rh t0 U ca , L m Cl) 4) co CD cu Cis t0 m cn fu J-- .. C CO 12 c C5 -o l11 FE-2 a Qm?IQUi S r 'i91 SEY7 •C3 a co a n S o a 0 -OUNmh LO LOIq10 ? N N ? Q N GQp ¢ 00 fl, C? C per. O :s U C 04 C4 O , 8 n na ''^s r!t CV A { 4: u7 CT J?, <, Z 2 t? a " ce) f-, ^ C7 ' i UUU '''?''' z~ C9?"DD s ?Z ¢?go Ur Cps-?'g LL, o o? ag ¢¢ zLIJ ? .' Sao QUO a7b? N U N C{- ` ? L .L C U U • I - ? O c Z o U 00 n 2 a (I M N N N Qp N O ?y GV r ? ¢ x+r ol co co pp.. • ? f U 0 a tp ? n1 c , t ?3 +xY } i !a lb L ! ; L L ' (D 1 w 0 < Ui z (D I o n< Ln a ?- U U q , d+? d i ' /??} X11/ Y/ n , 0 v v Q? v. r l w.. Q V 0 CL. a m 0 0 C C , 0 , O c? Q CL 'a `?T r m Q1 ? N E U U U G, O Q O +td- N N Q M ?. r ?1 ? ? ? 4V cc Q 3' r Z ? ? ` o a 04 Y ?j u1 r u•J r c'} w t+1 r w r d r O r Q1 CO m a0 l?a a) m O of r: ? Oi N l(?? Cnp ? fy7; a a m a? a CV •r- a? a 0 coo)Jm ? a cu 0 ac _ of Q cn E = o ?Uu a CL C N O o 75 C? U O O U a' w O C U 'v M 1 is ?`r •??' •M O v .t ?.1;, cn { y W W is 'D ? n a U CL c U) O ? O N N C N ? U G1 U) CD ) ? Z F- : C 1 U cis 3 G C d l? a . J3 ' N N t ? d . ? C a Q c d O ? M ? M U l) ul) N Oft w W J V 0 m m % U a ? 3 o ? E w n Q O tl) O V ccl [? CO O V N r?i a gi ? cl• = c?v o a ' Q 7 _ 1 .!Nl i'? ••ii 412.' kkN N {{ r2 > ',3• ,44 'C F.• Q1 ?- ? ro C ? R1 > LL .0 a ro ro N b ? rv E w ? ` m m C. N lU 4D (??0 E gRN iic i R Ra ?aN? ?? s 4n U) ? o co > -2, co o °2? ca L 41 ft = ro c U7 5 N O m C 41 G a ca l,.S?C 7 U = o a cmM" .2 v A? cn LL a' a E :3 cn ? U IL fll N w .0 d N Ln Z -=mcq a ?f Q} 0) ?r a c? l?{ V C G U U U ri N o v N o ^ r. v .. - c; N 0: t7 ? r r yr r JI § ? i-? yi. , l U ? r? w C •O M d7 9 9 9 t Q +? t 7y 1: f` P co A S (D C 6 O ¢Q IZ cn ? v $ v 25 P 'D 0 2 Q V 0 N N CV N ?-" r *= M T» V 'O C1 - " C ? U ? N N D 29 m'_ 'E cn T LL ro CL C t O O cc N N C C O O O cn cu 44 O O C i j [ 3 N O C Co i W ~- t - -a L ' O E G 1 V C1 w O. E C r.+ 75 m cti ? ro w S o C o o cu r N V7 rn N y . am- ' of d C . Z F- cu .. U , , ?3 j i c I' W L 0 4ma .l-j r'm 0 N m N Q L j `O cu C O N Oo 0 00 °O O O C) C) O O O O O O O 0 (fl O 'd' as CV ( O CO M N t-• r- O O o? ti > N O cU a N a ca a? w CD U ? cn n) 3 m C s0 o m co ci ca.) ? ? U N O ' C 7 ,O m E ?• 0 -0 (4 o C A O V N L) C• U 7 'C] "C1 G a C m O (O E N 0.0 C O N M -.0 V1 ? O O O C cr) N N N O N O O p •4 O t ca cu ca ? a 29 = a m Q Q o -0 ro U CU ¢ ? U ?, N cv U °° cn. rn CD 12 L ?Q'E co ca ? a`) E ° = Q ° O m c _ era c? a U ° > c?a ° o Q 3 P n. o. m U? N PRELIMINARY AGENDA Clearwater City Commission Work Session - 1:00 P.M. - (Monday, October 14, 2002) Service Awards Employee of the Month - October 2002 Team Award - September-October 2002 Convene as Pension Trustees: 1 - Call to Order 2 - Approval of Minutes: 09/16/02 3 - Request for acceptance into membership: William Harding, Kimberly Burdette, Patricia Petsch, Todd Vaughan, Tyrone Mathis, Felicia Swann, Frank Silvio, Nathaniel Vint, Sam Kambourolias, Jason Herman, and Krysztof Moleda 4 - Regular Pension(s) to be granted: John Berrien 5 - Pension(s) to be vested: Darold Brink & Irene Gaccek 6 - Other Business 7 - Adjourn Reconvene Work Session PRESENTATIONS 1. MPO Mobility Initiative Study Governance Issues. (WSO) PLD PLANNING 1. Downtown Major Components (WSO) 2. Public Hearing and First Reading - Ord #7022-02, Ord #7023-02 & Ord #7024-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision In Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) 3. Public Hearing and First Reading - Ord #7025-02, Ord #7026-02 & Ord #7027-02 - Petition for. Annexation, Land Use Plan and Zoning Atlas Amendments for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) 4. Public Hearing and First Reading - Ord #7028-02, Ord #7029-02 & Ord #7030-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010), 5. Public Hearing'and First Reading - Ord #7031-02 & Ord #7032-02 - Land Use Plan Amendment and Rezoning for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007) PUR PURCHASING 1. Purchase vehicle fuel and related services during the contract period of December 1, 2002 thru November 30, 2004 for $800,000 from Voyager Fleet System. HR HUMAN RESOURCES 1. Adopt Res #02-49, approving the expansion of offerings as allowed under Section 125 of the Internal Revenue Code to Include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), subject to the drafting and approval of appropriate documents and meeting IRS requirements for approval and implementation. IA INTERNAL AUDIT 1. Pass Ord. #7044-02, on first reading, amending Article'III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes, Work Session Agenda Rev: 2:10114102 MR MARINE /AVIATION 1. Adopt Res. #02-47 authorizing Supplemental Agreement #2, to Include the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark, Increasing Department (FDOT) funding by $268.800 and decreasing Agency (City) funding by $95,300 for a net income of $173,500. PR PARKS AND RECREATION 1. Provide direction re the concept of a holiday lighting display in Pier 60 Park, conducted by Sunsets . Pier 60 from Thanksgiving of each year until January 1st. (WSO)' PD POLICE 1. Re-appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension Plan, for a term of two years (11/01/02 - 11101104). SWIGS SOLID WASTE/GENERAL SERVICES 1. Approve a three-year Interlocal Agreement with Pinellas County with two one-year extension options for the servicing of their recycling collection centers, the marketing of recyclables and the repair/maintenance of collection center containers. PW PUBLIC WORKS 1. Water Demand Management update (WSO) 2. - Award a contract to Westra Construction Corporation, Palmetto, FL in the amount.of $611,750, for the 2002 Water Service Lines Replacements (99-0078-UT). . 3. Award a contract to Wharton-Smith, Inc. of Lake Monroe, FL for the 2000 Reclaimed Water System Improvements, Contract 2 - Pumping Stations Improvements (00-0092-UT) In the amount of ' $1,082,000 which is the lowest responsive bid received In accordance with plans and specifications. 4. Approve a contract with Largo Area Housing Development Corporation to sell surplus real property legally described as HARVEY PARK SUB, Blk B, Lots 1 through 12, for $70,000, subject to all terms and conditions of said contract. CLK CITY CLERK 1. Municipal Code Enforcement Board - 2 Appointments. CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord 7020-02 Vacation, Dohrman. 2. Ord 7021-02 Vacation, Epley. Other City Attorney Items City Manager Verbal Reports Commission Discussion Items 1. Aircraft Noise Abatement Task Force. Presentation(s) for Thursday Night 1. Legislative Wrap-up reports for 2002 session: Senator Donald Sullivan and Representative Gus Billrakis 2. Neighborhood Awards for the Quarter. Other Commission Action a) City Manager Salary Adjustments. b) City Attorney Salary Adjustments. Adjourn Work Sossion Agenda 2 Rev: 2:10/14/02 r Clearwater City Conllnissioll Agenda Cover Mcmorandum Work session Itom M Final Agenda Item # 10114/02 Mooling Date; 10117102 SUBJECT/RECOMMENDATION: SERVICE AWARDS . 11 and that_the_appropriate officials be authorized to execute same. SUMMARY: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater BACKGROUND: 5 Years Lawrence M. Huffman Diane E. Manni Carol A. Barden Gary P. Kepner Kimberly A. Espinosa Russell C. Shawen Eugene K. Nyland 10 Years Kevin M. Bligh Joseph F. Ruhlin Philip Blazzo Dina A. Hyson ,.Steven M. Sears Daniel W.- Slaughter Phillip D. Hughes Fire Public Works Finance Solid Waste Public Works Public Services Information Technology Police Police Police Human Resources Police Police General. Services 15 Years Rodney J. Wilt Fire Thomas J. Glenn Solid Waste Varghese M. Jolly Public Utilities Dale E. Fitzpatrick General Services Jeffrey Rosenbaum General Services James W. Thomas Police John C. Correll Public Utilities John J. Nuebel Public Utilities Sherwin F. Meyer Public Utilities Joe B. Lain Marine 20 Years Michael Burke Equity Services Paul R. Hoobler Public Utilities Joseph J. Arden General Services Steven L. Grasso Marine Lawrence Borland Jr. Police Debra D. Faison Parks & Recreation Kenneth D. McAteer General Services 25 Years Fredrick J. Maier Fire Hugh A. Yeager Fire 30 Years Richard Novo-Mesky Public Works Reviewed by: Originating Dept: Costs Legal Info Srvc Total Budget Public Works _ user Dept. Funding Source: Purchasing DCM/ACM Current FY Cl Disk Mgmt Other Attachments OP Other Submitted by: City Manager13 °n0 Appropriation Cade: Printed on recvcled paver Rev. 2198 I-- Clearwater City Commission worksession item #: f "? 1 ` Agenda Cover Memorandum Final Agenda Item tl Meeting Date: 1011,/102 SUBJECTIRECOMMENDATION: Provide direction to staff, of the concept of holiday lighting displays in Pier 60 Park, conducted by Sunsets @ Pier 60 from Thanksgiving of each year until January 1, © and that the appropriate officials be authorized to execute same. SUMMARY: e Sunsets @ Pier 60 has a seamless partnership working with the City to offer the highly successful festival every evening at Pier 60 Park to stimulate tourism and to attract evening day-trippers to the beach area. • Historically, the festival's lowest attendance is during the holiday season. • Sin keeping'with one of the original objectives, the festival continues to explore new ideas to attract crowds to the beach area to spin off into positive economic impact for the various merchants. + For the 2003 Holiday Season, the festival proposes to offer a holiday lighting program in Pier 60 Park that would be free of charge and be a walking tour. Included would be enhanced decorations to the various structures' in the park as well as a significant amount of holiday lighting scenes. It is anticipated that the funding would come from a combined effort of sponsorships of some of the scenes as well as positive cash flow from the daily festival during the year. • This expanded level of programming will upgrade the program from its initial "festival" environment and Commission direction regarding the concept is requested. • Additional City expense is anticipated in increased energy consumption to operate the lights. • This item will be brought back to the Commission as part of the City's annual special event review. Reviewed by: Originating Dept: Costs , Legal NIA Info Srvc NIA Parks & Recreation Dept. Total NIA Budget NIA Public Works N1A Kevin Dunbar, Director Funding Source: Purchasing N/A DCMIAC User DepL Current FY NIA CI Rlsk Mgmt NIA Other Parke & Recreation De t. OP Attachments: Other Submitted by: A City Manager 4? ®None Appropriation Code: None OIL W O I arwater r C.. U Interoffice Correspondence Sheet TO. Mayor, City Commissioners William B. Horne II, City Manager Garry Brumback, Assistant City Manager. Through: Mahshid Arasteh, P.E., Public Works Administrator w From: Andrew Neff, P.E,, Public Utilities Director CC:. Jeff Kronschnabl, Development Services Director Steve Soltau, Water Superintendent Date: September 24, 2002 RE: Water Demand Management Attached is the periodic Water Demand Management information for your information and review. Included are facts and statistics concerning: • rainfall, • water production and purchase, • water demand, • conservation initiatives, and • customer education and enforcement. If you have any questions, please call Steve Soltau, Water Superintendent at 562-4960 ext. 7249 or myself at 562-4960 ext. 7222. As always, we remain available to discuss specifics with you at your . 'r convenience. F • ? t 0/23/2002 >The goals of Public Utilities Water Demand Management Program are to reduce the demand for potable water in the home and greatly reduce or eventually eliminate the use of potable water for irrigation by encouraging the use of reclaimed water for irrigation. By balancing the needs of our customers with the needs of the environment we can continue to provide the quality of life expected by our residents. 2 9/23/2002 IS THE DROUGHT OVER? A It depends an who you talk to. The NOAA National Drought Monitor (http://www.drought.unl.edu/dm/index.html) indicates Florida is not in a drought. Aquifer levels in some areas are three feet above the levels this time last year. ? Some lakes in the state have not recovered as well as others. In the three years from 1998 through 2001, the state received only about two normal years' worth of rain. It takes time for the environment to recover from that kind of deficit. It would seem the increased rains would provide relief from the current watering restrictions. However, SWFWMD concerns over the slow recovery of lakes and wetlands around the Tampa Bay Water Consolidated Permit areas necessitate the continued restriction of outdoor water use. The Water Management District states that there has not been sufficient improvement to revert back to two-day-a-week watering. ARainfall for 2002 is shown to date. . 3 10/7/2002 During March, April, May, and June the City was rehabilitating the well held. July, August, and September well held production increased and is expected to continue to increase to 5 million gallons a day as the wells are completed. 4 10/7/2002 ?During March, April, May, and June the City was rehabilitating the well field resulting in an increase in the amount of water purchased from' Pinellas County. Water demand continues to track lower than the year 2000 demand, month to month, indicating a purposeful effort by our customers to reduce the amount of potable water they use. 5 9/23/2002 >Clearwater's per capita water usage of 80 gallons per person per day continues to stay well below the Water Management District requirements and below the amount reported by Pinellas County. 'i 6 f i E. >Water consumption continues to decline while water loss remains . fairly constant. Water loss is well within the limits of our SWFWMD water use permit. 7 The City participates with Pinellas County for the Low Flow Toilet Rebate program. Each toilet saves 3 to 4 gallons of water per flush. > 4,728 toilets replaced in the City since August 2001, saving over 165,000 gallons of water every day. > The inverted rate structure discourages the unnecessary discretionary use of potable water. The Rain Sensor Rebate Program is going slow with less than 50 applications. Marketing is being increased with an emphasis on the. home improvement and irrigation supply centers. Watering restrictions remain in place. 9/23/2002 9/23/2002 > Watering restrictions set by the Commission in January 2002 remain in place. >Restrictions are driven by SWFWMD Orders based on environmental concerns. i 9 j I 9/23/2002 >The Public Utilities web site has links to several water conservation locations including SWFWMD and a link to a xeriscaping planning site. Information on the City's rebate programs and material on how to obtain the free home water-saving devices is also provided. Conservation material is also included in the monthly issues of Sunshine Lines. D C-View also regularly runs slides and updates on conservation opportunities. Water conservation brochures are available at all City buildings. >-At special events throughout the year, we provide the free water- saving devices and additional information on the value of conserving water. 10 9/23/2002 9/23/2002 ? Maintaining an effective conservation program results in a fair and impartial system by setting standards for the community. ? Education, communication, and cooperation are the keys to success. l2 r 9/23/2002 r ? Enforcement of watering restrictions continues. } s s i 13 S 'I ? You can assist in this endeavor by your continued support of :• the Reclaimed Water Master Plan, •:• water conservation methods, and' •:• outdoor water use restrictions The Commission has the option to require more stringent regulation the the SWFWMD, 0/23/2002 14 9/23/2002 1 15 i'YIfO Clearwater Interoffice Correspondence Sheet To: Th City Commission Willi B Ci M H 11 B74- ru: . orne anager am , ty From: Mahshid Arasteh, P.E., Public Works Administrator CC: Michael Quillen, P.E., Director of Engineering Paul Bertels, Traffic. Operations Manager Date: October 9, 2002 RE: Transit Governance Alternatives for Pinellas County MIS The. Pinellas County Metropolitan Planning Organization has been working for several years on a fixed guideway transit system. Recently, the steering committee for this-effort has arrived at the point in tine study where a recommendation is needed on how this guideway transit system would be governed. The members 'of the steering committee are the chairman County Commissioner John Moroni, Vice Mayor Gray, Commissioner Doglione of Dunedin and Councilman Lasita of St. Petersburg. In addition the Executive Director of PSTA Roger Sweeney, Chairman Ned Allen of the MPO CAC, Chairman Paul Bertels of the MPO TCC and Ken Hartmann of the FDOT are members as well. The following alternatives for governance will be discussed at great length by the steering committee over the next two months and finally a recommendation will be made to the MPO sometime this fall. • A special act of the Legislature creating a specific agency that would combine PSTA and the fixed guideway under one management system. This agency would be a separate taxing agency just as PSTA currently exists. This would not count against the millage cap of the county. The Federal Transit Administration (FTA) favors systems that have the bus operation under the same umbrella with the guideway. This arrangement tends to simplify the awarding of federal grant money. • Another alternative is to amend the current charter of the PSTA to include fixed guideway operations. Currently the PSTA is the only agency authorized to operate transit in Pinellas County and that would have to be amended by an act of the Legislature. This would also be a separate taxing agency and would not count against the county millage cap. Designate the Board of County Commissioners as the management system for the fixed guideway. This would require an amendment to the County Charter to allow the BOCC to run the guideway and an amendment to the PSTA charter by the Legislature authorizing the BOCC to operate a transit system. The County Charter amendment would require a voter referendum and the approval of the city governments. This option would not be a separate taxing agency and would count against the county millage cap. There is a myriad of other options as well, but the three most obvious alternatives are the ones already outlined in this memo. It is clear that the steering committee of the MPO is going to need guidance from the local governments and now is the time to discuss this issue and formulate a direction that the City of Clearwater wishes to chart. , It is the recommendation of staff that the best alternative is option 1 creating a new agency that'would take over the functions of the PSTA as well as operate and maintain the fixed guideway. I . ?}. c ? l 0,01rWater +_, 4liir' ?Y V Interoffice Correspondence Sheet TO: Bill Horne, City Manager FROM: Cyndi Tarapani, Planning Director RE: Downtown Plan Update DATE: October 10, 2002 The Downtown plan update is well underway. The City has hired BeIlomo-Herbert to prepare a streetscape, wayfinding and gateway plan, a master plan for Coachman Park and designs for public spaces. BeHomo-Herbert held its first public meeting to receive input on this project on August 14, 2002. The Economic Development Department has prepared and submitted to Pinellas County a City Commission approved expanded Community. Redevelopment Area to include the Gateway area. The Planning Department has prepared studies and other research on current downtown issues as well as initial development of downtown policies. The Commission has indicated a strong interest in participating in the Downtown plan update. To begin that discussion, the following major concepts about Downtown are presented below. I suggest that these elements be discussed by the Commission for policy direction. Agreement on these concepts or as revised will then guide the development of the Downtown Plan. I suggest four major topics for discussion and input by the Commission. Tne three subject areas are outlined below with suggested dates for special meetings by the City Commission. Major Downtown Concepts Streetscape/ Gateways/ Character Districts Land Use Plan/ Waterfront and Open Space Plan Redevelopment Projects October 14, 2002 (meeting set) Week of December 2, 2002 Week of February 18 or 24, 2003 Week of March 17 or 24, 2003 The following concepts are provided for the Commission's discussion and policydi:rection. 1. Downtown is Clearwater's center of activi% business and-government As such, Downtown will have higher densities for residential uses and higher intensities for retail/ convnercial/offices uses than the rest of the City. The higher densities and intensities will assist in creating a synergy for an interesting vital and urban environment. The highest density and intensity of Downtown will be found. in the Core area with decreasing density and intensity moving east through the balance of downtown. 2. Clcycland_ Strect__ is --downtown's "Main Stivet" and is valued both for its historic character et n and as the ma'or retrtil street. Redevelopment on Cleveland Street should encourage renovation of historic properties; new construction with frontage oil Cleveland Street shall be consistent with the historic building streetscape in terms of mass, scale and height. 3. Ft. Harrison and Osceola Avenues should be re-developed as pedestrian oriented streets and in conjunction with Cleveland Street shall form the major retail core of Downtown. The streetscape design for these three streets shall emphasize their principal pedestrian orientation. 4. To facilitate th.e__tenewal of downtown, the City intends to contemplate uses other than governmental/ public uses on the existing Ci Hall site. Principles guiding the relocation of the City Hall and the resultant new construction are: construction of a relocated City Hall in appropriate location at affordable cost; the degree that the proposed private development contributes to the goals of downtown renewal; the degree that the proposed development contributes to and is integrated with Coachman Park, the New Main Library and the overall Waterfront area; and the degree to which the proposed uses and design provide for public access, public views and pedestrian orientation. 5. Clearwater recognizes-the uniqueness of its waterfront as the focal point for Downtown. ?fyL_ 711__!1' - `?f- '_- --- --1.--- -- --- P .v . . .r. - ' preserved. a. Coachman Park is valued as open space, a community-gathering place and a location for cultural activities. The Park and the existing amphitheater should be improved to better serve as a regional outdoor entertainment venue. b. Within the publicly owned land, there is a need for a more active waterfront area for all citizens to more frequently enjoy this amenity. The following uses should be evaluated as ways to increase enjoyment of the waterfront area and to attract repeat visits by residents and tourists alike: Marina Restaurant on piers of old Memorial Bridge or other waterfront location Active Recreation Uses Retail Uses-i.e. street vendors, kiosks, and/or permanent retail buildings c. On the privately awned land, preservation of the view of Clearwater Harbor and compatibilitX _ of new development with Coachman Park is critically important. Development in this area should be designed to maintain the views of the water through methods such as view corridors, pedestrian orientation, connections between buildings and to the water, and places for public interaction and civic activities. Building heights on the west side of Osceola Avenue?. d. New_Main- -Libaary is recognized as a cultural attraction communi - atherin place, and anchor for the north end of the Downtown Core. The Nbmr/s galleries, cafe, meeting spaces and wateffront terrace along with its cores services will make this facility a downtown destination for residents and visitors. Improvements to Coachman Park should be integrated with the Library and its activities. 6. tali urban dcsi n is critical to new cons -fiction and renovated buildings. New construction should welcome people into downtown through both "front doors"- the street side and the waterside. Urban and architectural design is equally important for all elevations. 7. Automobile oriented _uses such as gas stations convcnicnce stones and driv_e__ through facilities including fast food restaurants shall-be prohibited within the Downtown Core, including the Court/Chestnut r ,grridors. These automobile oriented uses shall also be prohibited at the major gateways to the Downtown (at a minimum, locations include the Highland/, Court/Cleveland intersection, Druid/ Ft. Harrison intersection, Court/ ML King Avenue intersection). 8. The visual and crformin arts are a vital part of Downtown. Artists should be encouraged to live and work downtown. Art galleries and performing spaces are also encouraged downtown. The development of public art policies should enhance and add to the overall quality of downtown. Public art installations should be integrated into the gateways and- streetscapes of Downtown, in public plazas and in other public places/ buildings. 9. Parkin demand/supply shall be monitored as redevelopment is tanned/a roved to iinsure--that adequate parking is available coterminous with the new uses. A determination should be made whether parking should remain in Coachman Park or be removed and relocated. Wayfinding shall insure ease of location to parking facilities and major downtown attractions. 10. The revitalization of the Gateway Area is critical to the future health of downtown. The Board of County Comrnissioners will review the Civ/s request to expand the Downtown CRA to include the Gateway on October 29'". The following concepts should guide revitalization efforts in this area: upgrade obsolete commercial corridor, eliminate problematic uses; stabilize surrounding neighborhoods that appear to be. in transition; and establish a new downtown gateway. Attachment: Downtown Schedule Downtown Plan Area Map CC., GarryBnunback. Assistant CityManager Ralph Stone, Assistant CityManager 3 ti y . .. ........................ ............. .. i.. ......................................... .... S S " W r r r _N N Q ............. r ::s. .................... r• '• ............. U_ h . /^ ::y: ?' ::tip '• ,,,r• O. O O Y• U .......... ` ................. . . ......................................... r d ? o ? $1 n ' I i ? ! 7 i I I ! I I I . C" I i i I ! ; I i ti If I I i i I Iq I j I I ! i I} ' 4 ?n 13 ;n i E9 i Ip fM IIL fv 10. I ,? I I-1 i u 4 G C 1 N I [1 { A VI C D. 5555?? _ I '' fA s _ I a a, ' .L{ I? '? y '" I? iW Iii I :E I $4 :a O tl7 o ro ' n ya c 't I R N m I I? IL4 of C E? I'? I I I 1.5 ?sY i .? ,G top U A, n n A i? .g v I? ( I 1 n E c 12 v i n ' ; r A 0 z U. r' I? In ?n n i l. c0. 0 N l]7 p I m I I ? I ' ? r N IM1 Vti) ?? h al0 Qi C] Pi r V ai5 Yp hm m 4 m N N EE. d!?i.t .:.5.1 •. N9'f i..r+i .. n.a...... J. m W U Z IL z 4 z 0 - oz C2 10 C3 0 ~ 4 Ey ? F ...... ............. ..............,..-..._.........'........,,....................._.. ,...... t;3 N r OI w 8 a r •..yy. r:C ....................• •. ................................................ N i ,a a IL a c u ?r? I t?i $ Ic i? z 4 Jr- ? EEL F- t3 c Ipp I N iU" i ea ? N N f`? ? 1'1 M 1'] try ? ? l7 f~9 Cl k ? } k , ti. I ? n I h g S .5 ? m ? i I n a, j'? x u t p m 113 I n ?'? '? { 1 E ' 4 I7L E is }tt ?t? i ? ? ?u ! o u i?'i V V V V yy •f 1 C6 C v j CL ? W h m p. ?f ?t V Y SPECIAL ACT - PRJ-ELLAS SUNCOAST TRAN5IT AUTHORITY Section 1. Short Title. This law shall be known and may be cited as the "Pinellas Suncoast Transit Authority Law." (Laws of Fla., Chapters 70-907, 82-368, 82-416, 90-449, 91-338, 94C430b 9,,4.r{ S, 99.440 and 00-424.) COMMISSION Section 2. Definitions. SEP 17 2002 As used in this law and unless the content clearly indicates othee PRESS I ATTORNEY (1) Authority means the body politic and corporate, an independent special district, created by this part. (2) Members mean the governing body of the authority and "member" means one of the individuals constituting such governing body. (3) Pinellas Suncoast Transit Area means the municipalities of Clearwater, Dunedin, Largo, Safety Harbor, Belleair, Belleair Bluffs, Indian Rocks Beach, St. Petersburg, Tarpon Springs, Oldsmar, Pinellas Park, Gulfport, Seminole, South Pasadena, Indian Shores, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores and the unincorporated areas of Pinellas County located directly between the aforesaid municipalities as determined by an extension of a municipal boundary directly to the next neighboring municipal boundary and such other areas as provided by this law. (4) Municipality means any city, village, borough or town. (5) County means the County of Pinellas. (6) Public transit-means transportation of assen ers for hire by means, without limitation, of a street railway, elevated railway, subway, motor vehicles buses or other means of conveyance o erating as a conunon carrier within the public transit area as provided, and charter service originating therein. (7) Public transit system means without limitation, a combination of property, structures, improvements, equipment, plants, parking or other facilities, and rights, or any thereof, used or useful for the purposes of public transit. (8) Mass transit system means a public transit system to provide rapid public transit for large numbers of passengers, A4169412.WPD July 12, 2000 (9) Operator means any person engaged or seeking to engage in the business of providing public transit, but does not include persons engaged primarily in the transportation of children to or from school, in operating taxicabs, in operating buses, limousines, or other means for the, transportation of passengers between a common carrier terminal station and a hotel or motel, in operating a common carrier railroad, or a person furnishing transportation solely for his or its employees or customers. (10) Words importing singular number shall include the plural number in each case and vice versa, and the words importing persons shall include firms and corporations. Section 3. Pinellas Suncoast Transit Authority, Status and Governing Body. (1) There is hereby created and established a body politic and corporate, an . independent special district, to be known as the Pinellas Suncoast Transit Authority, hereinafter referred to as "authority." '(2) (a) The governing body of the authority shall consist of I I members, serving, and selected as provided in this paragraph. 1. One member shall be appointed by the City Commission of the City of Clearwater from its membership. 2. One member shall be appointed by the City Commission of the City of Dunedin from its membership. 3. One member shall be appointed by the City Commission of the City of Largo from its membership. 4. One member shall be appointed by the City Council of the City of Pinellas Park from its membership. 5. One member shall be appointed by the City Council of the City of St. Petersburg from its membership. 6. One member' shall be appointed by the combined municipal governing bodies of the Cities of Oldsmar, Safety Harbor, and Tarpon Springs from their membership. 7. One member shall be appointed by the combined municipal governing bodies of the Cities of Belleair, Belleair Bluffs, Gulfport, Kenneth City, Seminole, and South Pasadena from their membership. Ao169412.wPD 2- July 12, 2000 8. 'One member shall be appointed by the combined municipal governing bodies of the Cities of Belleair Beach, Belleair Shores, Indian Rocks Beach, Indian Shores, Madeira Beach; North Redington Beach, Redington Beach, Redington Shores, St. Petersburg Beach, and Treasure Island from their membership, 9. One member shall be appointed by the Pinellas County Commission from its membership. 10. One member shall be appointed by the Pinellas County Commission and this member may not be an elected official. i 1.. One member shall be appointed by the City Council of the City of St. Petersburg, and this member may not be an elected official. After the expiration of each term of each member of the governing body of the authority, that member's successor shall be chosen by the same appointing authority as the member and must possess - the same qualifications. Each term of office shall be 3 years, and a member may not serve more than three consecutive terms as a member of the governing body of the authority. : (b) Each appointed'. member shall hold office until his successor has been appointed and qualified. A vacancy occurring during a term shall be filled only for the balance of the unexpired term. A selection to fill a vacancy or select a successor shall be made within 60 days after the occurrence of the vacancy or before expiration of the term, whichever is applicable. If any selection is .not made as provided in this subsection, the Board of County Commissioners of Pinellas County shall appoint an eligible person to the authority with like effect as if the selection were made by a municipality or group of municipalities. Any member of the authority is eligible for reappointment, except that the member may not serve more than three consecutive terms. (3) Each appointed member of the authority shall be a person who is a qualified elector of the county with an outstanding reputation for civic pride, interest, integrity, responsibility and business ability. No person who is an officer or employee of any city or of the county in any capacity, except elected.officials, shall be an appointed member of the authority, Further, no member shall have any private financial interest, directly or indirectly, in any contract, work, or business of the authority or. any public transit system subject to regulation by the authority; or, be in the employ of or hold any stock, bond, investment; or other financial interest or private i AOi69412,WPD .3- July 12, 2000 business relationship to any operator of a public transit system in the Pinel a Suncoast Transit Area. (4) The authority shall elect one (1) of its members as chairman of the authority and one (1) as a vice-chairman to serve for one (1) year in that capacity or until their successors are elected. At the same time, a secretary/treasurer shall be elected who may or may not be-member of the authority, and they shall serve at the will of the authority. A majority of the appointed board shall constitute a quorum, and the vote of a quorum shall be necessary for any action taken by the authority. No vacancy in the authority shall impair the right of a quorum of the authority to exercise all of the rights and perform all of the duties of the authority. Upon the effective date of his appointment, of as soon thereafter as practicable, each appointed member of the authority shall enter upon his duties. (5)', The authority may employ an executive director who shall be a person of recognized ability and experience to serve at the pleasure of the authority. The executive director may employ such employees as may be necessary for the proper administration of the duties and functions of the authority, and may determine the qualifications of such persons; however, the board must approve such positions and fix the compensation for employees. Also, the authority may contract for the services of attorneys, engineers, consultants, and agents for any purpose of the authority, including engineering, management, feasibility, and other studies concerning the acquisition, construction, extension, operation, maintenance, regulation, consolidation, and financing of transit systems in the area. (5) Members of the authority shall be entitled to receive from the authority their traveling and other necessary expenses incurred in connection with the business of the authority, as provided in §112.061 [Florida Statutes] but they shall receive no salaries or other compensation. Members of the authority may be removed from their office. by four-fifths (415) vote of the members of the board of county commissioners for misconduct, malfeasance, misfeasance or nonfeasance in their office. (7) The authority shall provide a report to the Pinellas County legislative delegation each July. Section 4. Purposes and powers. (1) The authority created and established by the provisions of this act is hereby granted and shall have the right and power to purchase,.own, and/or operate transit facilities, to contract for transit services, to exercise power of eminent domain, to conduct studies and to contract with other governmental agencies, private companies and individuals. A0169412.WPD -4- July 12, 2000 (2) The authority is hereby granted, and shall have and may exercise all powers necessary, appurtenant, convenient or incidental to the carrying out of the aforesaid purposes, including, but without being limited to, the following rights and powers: (a) To sue and be sued, implead and be impleaded, complain and defend in all courts. (b) To adopt, use and alter at will a corporate seal. (c) To acquire, purchase, hold, lease as a lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary - or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time acquired by it. Any sale, lease or transfer of any property or interest shall be upon competitive bid. (d) To fix, alter, charge and establish rates, fares and other charges for the services and facilities of the Pinellas Suncoast Transit System, which rates, fees and charges shall be equitable and just and sufficient to meet the operating requirements of the system along with other revenue that may be available. (e) To regulate other o erators of ublic transit i the Pinellas Suncoast Transit Area as to franchises, permits fare and other ch es to establish rules and regu ations pertaining to these matters for di e o erators and public transit facilities in said area. (f) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business. (g) To enter into management contracts with any person or persons for the .management of a transit system owned or controlled by the authority for such period or periods of time, and under such compensation and other terms and conditions as shall be deemed advisable by the authority. (h) Without limitation, to borrow money and accept gifts or grants or loans of money or other property and to enter into contracts, leases or other transactions with any federal agency, the state, any agency of the state, the County of Pinellas or with any other public body of the state. (i) To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority in order to carry out the powers granted to it by this part or any other law. A0169412.wPD -5- July 12, 2000 {j) To prescribe and promulgate rules and regulations as it deems necessary for the purposes of this act. Section 5. Pinellas Suncoast Transit Area. The Pinellas Suncoast Transit Area shall consist of the municipalities of Belleair, Belleair Bluffs, Clearwater, Dunedin, Indian Rocks Beach, Largo and Safety Harbor, St. Petersburg, Tarpon Springs, Oldsmar, Pinellas Park, Gulfport, Seminole, South Pasadena, Indian Shores, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores,'along with certain contiguous unincorporated areas, all located within Pinellas County, Florida and more specifically defined as follows: Beginning at a point where the line dividing township twenty-six and twenty-seven south if projected in a westerly direction intersects with the western boundary of the jurisdictional waters of the State of Florida in the Gulf of Mexico; thence east on said line to the northeast corner of section one in township twenty-seven south, range sixteen east; thence south to the shore of old Tampa Bay; thence in a southerly direction through the middle waters of old Tampa Bay and Tampa Bay, to a point in Tampa Bay due east of the north'shore of Mullet Key; thence due west to a point due north of a point 100 yards due east from the easternmost point of Mullet Key; thence in a line 100 yards from the shoreline around the southern portion of Mullet Key to a point 100 yards west of the northernmost shore of Mullet Key; thence west to a point where such line intersects the western boundary of the jurisdictional waters of the State of Florida in the Gulf of Mexico and northward, including the waters of said gulf within the jurisdiction of the State of Florida, to point of beginning. Less and except: The City of St. Petersburg Beach, the Town of Belleair Shores, the City of Treasure Island and the Town of Kenneth City, each as more particularly described as Parcels I through IV below: Parcel I. City of St. Petersburg Beach: From a point of beginning at the intersection of the center line of Blind Pass and a line which is 40 feet south of the south boundary of 74`h Avenue extended in St. Pete Beach; thence run northerly along the center line of Blind Pass to a point 870 feet north of [and] measured at right angles from the center of Blind Pass Bridge where it now crosses Blind Pass on the present State Road No. 699; thence run north 81 degrees, 31 minutes, and 3 second east along a line n0169412.WPD -6- July 12, 2000 I LL ?;? ntii tk arwater _ t. U Interoffice Correspondence Sheet To: City Commission Thru: William B. Horne 11, City Manager From: Mahshid Arasteh, P.E., Public Works Administrator CC: Michael Quillen, P.E., Director of Engineering Paul Bertels, Traffic Operations Manager Date: August 19, 2002 COPIES TO: COMMISSION AUGX 12002 PRESS CLERK / ATTORNEY AX4&j11$ 7/8/0,2 C4 RE: Transit Governance Alternatives for Pinellas County MIS (a&a.c" ) The Pinellas County Metropolitan Planning Organization has been working for several years on a fixed guideway transit system. Recently, the steering committee for this effort has arrived at the point in the study where a recommendation is needed on how this guideway transit system would be governed. The members of the steering committee are the chairman County Commissioner John Moroni, Vice Mayor Gray, Commissioner Doglione of Dunedin and Councilman Lasita of St. Petersburg. In addition the Executive Director of PSTA Roger Sweeney, Chairman Ned Allen of the MPO CAC, Chairman Paul Bertels of the MPO TCC and Ken Hartmann of the FDOT are members as well. The following alternatives for governance will be discussed at great length by the steering committee over the next two months and finally a recommendation will be made to the MPO sometime this fall. A special act of the Legislature creating a specific agency that would combine PSTA and the fixed guideway under one management system. This agency would be a separate taxing agency just as PSTA currently exists. This would not count against the millage cap of the county. The Federal Transit Administration (FTA) favors systems that have the bus operation under the same umbrella with the guideway. This arrangement tends to simplify the awarding of federal grant money. • Another alternative is to amend the current charter of the PSTA to Include fixed guideway operations. Currently the PSTA is the only agency authorized to operate transit in Pinellas County and that would have to be amended by an act of the Legislature. This would also be a separate taxing agency and would not count against the county millage cap. Designate the Board of County Commissioners as the management system for the fixed guideway. This would require an amendment to the County Charter to allow the BOCC to run the guideway and an amendment to the PSTA charter by the Legislature authorizing the BOCC to operate a transit system. The County Charter amendment would require a voter referendum and the approval of the city governments. This option would not be a separate taxing agency and would count against the county millage cap. There is a myriad of other options as well, but the three most obvious alternatives are the ones already outlined In this memo. It is clear that the steering committee of the MPO is going to need guidance from the local governments and now is the time to discuss this issue and formulate a direction that the City of Clearwater wishes to chart. V MPO AGENDA ITEM VII. REPORT ON "TRANSIT GOVERNANCE ALTERNATIVES" One of the tasks included in the Scope of Work for the ?Pjnellas,.Mobility.Initiative (PMI). is the development of an Implementation Plan. The Implementation Plan will identify alternate governance structures for operation of a countywide Guideway transit system. The consultant for the Pinellas Mobility Initiative recently completed a draft report on "Transit Governance Alternatives" that was reviewed at their a last meeting by the PMI Steering Committee.. The Steering Committee accepted the draft report for circulation and coordination with the local governments. A copy of the draft report is attached for WO information. This item will include a brief review of the report by the PMI consultant, Mike Crawford. ATTACHMENT:, Transit Governance Alternatives Draft Report ACTION: As deemed appropriate based on discussion MPO: 07/14/02 - pg 11. Pinellas County Metropolitan Planning Organization Mobility Initiative Project Draft Transit Governance Aiternitfives Technical Memorani€ium "k ,i P p or: Pinellas County Metropolitan Ylaunag Organization . ;` ,-- Prepared By: Grimail Crawford, Inc. In association with: Jakes Associates, Inc. Wilbur Smith Associates, Inc. 3 1 June 4, 2002 3 1 Table of Contents EXECUTIVE SUDIV11 ARY ........................................................................................................... i 1.0 BACKGROUND AND PURPOSE ...................................................................................1 1.1 Pinellas Mobility Initiative ..........................................................................................1 1.2 Purpose of Report ........................................................................................................1 1.3 Analysis Perspective ...................................................................................................2 2.0 PINELLAS COUNTY CHARTER AND FLORIDA LAW :........................................3 2.1 Pinellas County Charter .................... ........................... ..................................... 2.2 Special Districts ................:....................................:..:".......................,...............3 s " io 2.3 PSTA Enabling Legislation (Florida Law, Chapteic 70-907)'xw? ...............................4 2.4. Regional Transit Authorities (Florida Statutes; Section 163)..., ..........................5 2.5 Special Acts for Transit Authorities (Florida Statutes, Section 343 .........................5 2.6 Summary of Issues ............... 3.0' OPERATING AGENCY POWERS AND AUTH YES ..........................................9 4.4 TRANSIT GOVERNANCE ALTFRzIVES 10 .......... ...... ?. ....................................... 4.1 Expansion of PSTA ...................... ... ...... .. ................................................. 10 ... . ;w 4.1.1 Description ................ ........._'.. ..., . .........10 4.1.2 Advantages-..w*- .......... ....10 4.1.3 Disadvantages :` ............... :...1............................. 11 , .....................................10 4.2 Creation of Dependent Co?.nnty Depazent or Agency ............................................11 4.2.1 11 ............................................ 4.2.2 Advantages.--, - ............: 'j. 4.2.3„ liaduantages •--- ..................................................................................11 4.3 Creation of In?dE&V dent !Zority per FS 163 .........................................................11 .43.1 Descrip .......:...........................................................................................11 a:'-u.y. 4- =N Advantag .................................................................................................... 11 4.3.3:N-isadvandes ...............................................................................................12 4.4 Creatndependent Authority by Special Act ...................................................12 4.4.1 • ption ....................................................................................................12 4.4.2 Advantages ....................................................................................................12 4.4.3 Disadvantages ...............................................................................................12 5.0 OPERATING AGENCY CASE STUDIES ...................................................................13 6.0 RECOMMENDED GOVERNANCE STRATEGY .......................................................14 6.1 Desirable Governance Characteristics ......................................................................14 6.2 Recommended Governance Options ..........................................................................14 7.0 NEXT STEPS REQUIRED TO IMPLEMENT RECOMMENDED STRATEGY ...................................................................................16 I , LIST OF TABLES Table Description- _Page..,. 1 SUMMARY OF MAJOR. PROVISIONS OF APPLICABLE LAWS .............. .......:................. .:...................................... 7 2 FLORIDA TRANSIT SYSTEMS AND THEIR GOVERNANCE STRUCTURE.-...=..............i'. ...... 8 ;F np-s' 3 RECOMMENDED TRANSIT GOVERNANCE OPTIONS A ..................15 ,? ' MAJOR ITEMS TO BE COMPLETE ,t 4 TO IMPLEMENT RECOMMENDATIONS_? ......................................:..... .16 • ov . •r+ T • I t EXECUTIVE SUMMARY ENTRODUCTION In October 2000, the Pinellas 'County Metropolitan Planning Organization (MPO) adopted a strategy for transportation improvements through the year 2025. In the same action, the MPO committed to more detailed planning and analysis of the strategy toward the implementation of a fixed guideway facility and supportive land use initiatives. This strategy, entitled the Pinellas Mobility Initiative (PM), is being advanced within the governance of the. inellas County MPO and the project development process of the Federal Transit Administration. (FTA). One element of the Pinellas Mobility Initiative (PMI) work governance strategies for a potential countywide guideway tv this system would be fixed guideway transit service, oven within the county. This central fixed guideway system . aOould bus routes, express bus routes, trolley services, acid adv countywide transit system that can, provide autom bo ilmde residents and visitors. Further, provisions would be includea. systems being planned for the area, such as the Florida 14 Hillsborough Regional Transit Authority So-b-M-61 REPORT PURPOSE The purpose of this report is,.ta e'?'?'va state law, and to recomm=d the countywide public transpoitatt?? ys It is anticipated th art s structure for P*nell ' Dur received frora_ the ZPO?% ' ?ning eeport may be MPO. ANALYSIS PERS to evaluate alternative .The central feature of &d in a separated fashion, be supported stem of feeder ? iced trolley services to to. form a pe"n"dent mobility for the county's to connect to other fixed guideway Speed Rail System and the transit governance alternatives consistent with [hat is best suited for implementation. of a Ls County. L a rocess of selecting the best overall transit governance IS, process, additional information and input may be x1ners relating to the recommendations made herein. as the process progresses such input is received by the The analysis perspective of the alternatives presented in this report will be as follows: + From the viewpoint of the potential governing agency or authority, because this entity would be tasked with planning, development and operation of the transit system; and • From the viewpoint of the Pinellas County Board of County Commissioners (BOCC), because the BOCC is the most likely entity, other than the agency itself, to provide major funding for the agency or authority. Transit Governance Options Toch Memo Executive Summary, page i Pinellas Mobility Initiative 6/40.002 PI.NELLAS COUNTY AND FLORIDA LAW There are several sections of Pinellas County and Florida Law that may govern the provision of countywide public transportation services, and may influence the best governance structure for Pinellas County. These are briefly described as follows: • Pinellas County' Charter - currently does not enumerate a power to provide public transportation services. For the county to provide such services would require a charter amendment, and subsequent referendum to approve the charter amendment. • Uniform Special District Accountability Act of 1989 - outlines the provisions by which a special taxing district is determined to be dependent or independent. A dependent district would operate under the governance of-,the. Board of County Commissioners (BOCC), but would count against the county's statutory 10 mill ad valorem levy cap. An independent district would provide,less accountability to the BOCC, but could be created with its own millage asses`sment-m-, endent of the county cap, • Pinellas Suncoast Transit Authority Act -- is the act at created the Pinellas Suncoast Transit Authority (PSTA) and that outlined its'poweri,- and purposes. "If the BOCC is to provide significant funding for a countywide'-IT blic transportation system, it is likely that revisions to this act will be required, most n?atablt in the areas of membership and governing board structure. In this act, PSTA is also-9- ? ea the power to regulate all other transit service providers in the county: t • Regional Transportation Authorily? .,?,provide5 a framework for creating an independent transportation authority'through-*charterr'agreement of. potential authority members. Provides a list of Rowers and purposes„specifies the makeup of the governing board, and provides for- &-maximum o?3 mills in ad valorem levy, subject to voter approval. •"l Ile • Special Act - woutd 'be ariy;t:speci legislation used to create a new countywide authority. In a specialac f the gove ung board makeup, tax authority, powers and purposes, and Gt er pertia&Lpformation would be specified to create an authority that uniquelyyfits Pine ounty's 1direments. OPERATIr4d'A.GENCY PO RS AND AUTHORITIES A list of powers,., authorities desirable for effective planning, funding, development, operation, and maintenart?,crof a countywide public transportation system is provided. TRANSIT GOVERNANCE ALTERNATIVES Several alternative transit governance options were reviewed and evaluated for suitability in Pinellas County. These are: • Expansion of PSTA - this would involve expanding PSTA's membership to include all parts of the county, potentially increasing PSTA's millage authority, and reorganizing PSTA's governing board to make it more responsive to the BOCC, in the event that the BOCC is expected to provide major funding for transit development. These items would require amendments to PSTA's enabling legislation, and would maintain PSTA's independent district status. Transit Governance Options Tech Memo Executive Summary, page ii Pinellas Mobility Initiative 6/4/2002 • Creation of a county department or agency -- this option involves creation of a new agency operating under the governance of the BOCC. This option provides the maximum accountability to the BOCC, but would lose the ability to create an independent district. This would require a charter amendment and referendum for approval. This would also require the repeal of PSTA's authority to regulate all other transit service providers in the county. • Creation of a Section 163 Transportation Authority - this would create a new authority consistent, with the provisions and stipulations contained in FS Section 163. This authority would be independent, thereby preserving the county's n-0age assessment for its own purposes. However, the governing board structure is defined in the law, and would provide little accountability to the BOCC. This woul"sio-require the repeal of PSTA's authority to regulate all other transit service providers'in the county. • Creation of a new transportation authority by special act-r,this option would create a new authority by special act of the legislature. In tlns acOh.powers and purposes, governing board structure, membership, and toxin authorityi;'could be defined to .represent the unique needs of Pinellas County./' This Would also requi the repeal of PSTA's authority to regulate all other transit se-vice providers in the county. RECONIlVIENDED GOVERNANCE STRUCTURE " The recommendation presented herein is countywide transit agency or authority, whirl. • Absolute countywide authority to comprehensive public transportation or monorail service, with'n'o',-exemptic • Independent special."-district status its own non-transit purposes. • BOCC control of the' governing Bi over the nroerarnmine an ieanendit upon a list 'of`#ie1irable characteristics for a ,trust, operate and maintain a include buses, trolleys, and rail so as Fto maintain the BOCC's millage capacity for l so as to allow the BOCC to maintain control of county fiords, if the BOCC provides major • . Ability to raise reveiu 4 and f6 bond against those revenues. • Easily mated, by eithlocal or state action Two alternatives ommended for further evaluation and for input from the NTO's planning partners. Pending n s put, it is recommended that one of the following alternatives be selected for Pinellas Cc nasty: • Create a new county agency under the BOCC • Create an Independent authority through special act. There are two variants to this alternative, as follows: v Revise PSTA's special act to grant it countywide authority, reorganize its Board of Directors, and grant it more millage capability (subject to referendum), or o Create a new independent authority, with PSTA either continuing to operate bus service within the county or with PSTA's assets being transferred to the new authority. o It is recommended that such an independent authority be created through its own special act as opposed to being created under FS Section 163, due to restrictions Transit Governance Options Tech Memo Executive Summary, page iii Pinellas Mobility Initiative 6/412002 .. y I ` imposed on the authority's management and membership imposed by Section 163. The Table that follows summarizes the recommended alternatives. ti NEXT STEPS TO REQUIRED TO MIPLEMENT RECOMMENDED STRATEGY A list of major actions required to implement the recommended strategy is provided, and is summarized in the following Table. 44 • 1 Transit Govemance Options Tech Memo Executive Summary, page iv C Pinellas Mobility Initiative 6/4/2002 RECD NDED TRANSIT GOVERNANCE O ONS TO - a ?.O Alternative A ternative B Desirable County Now Indepe dent Agency Characteristic ____Department Revisions to PSTA New Special Act Absolute By referendum of countywide Granted by charter exempted areas or by Granted in act authority amendment , amendment to special act Independent No V*r Yes Yes district status BOCC control Yes Limited Limited Ability to levy ad Subject to county .75 mills, unle; d i valorem s cap amended Uy Grante n act essment as Ability to collect d0 local option, by Board action or Am BOCC Grants Grants from BOCC e taxes referendum , ,s .r '. Ability to collect 10 Charter County Transit Surtax, by Grants from B1 Grants from BOCC sales surtax referendum _ Charter amendment, Ani?_to special Passage of special act Ease of creation r wires referendum t - •?-, .? act li Te ?lanre b le 'stature Source: 'Grimail Crawford, Inc. TO INS aBE COMPLETED r ECOWN ENDATIONS ' ny rnatiave A Alternative B '' New Independent Authority Item Co Department Revisions to PSTA New Special Act Enabling legislation Requires county Requires act of Requires justification report to and act of charter amendment legislature le 'slature Referendum required Required Not Required Not Required to create agency Referendum required No - millage Maybe - fuel tax Yes - muillage Yes - millage to fund agency Yes - sales surtax Repeal of PSTA's regulatory authority Required Not required Required over other transit operators Source: Grimail Crawford, Inc. Transit Governance Options Tech Mono Executive Summary, page v Pinellas Mobility Inida&c 6/4/2002 1.0 BACKGROUND AND PURPOSE 1.1 Pinellas ViobWty Initiative In October 2000, the Pinellas County Metropolitan Planning Organization (MPO) adopted a strategy for transportation improvements through the year 2025. In the same action, the MPO committed to more detailed planning and analysis of the strategy toward the implementation of a fixed guideway facility and supportive land use initiatives. This strategy, entitled the Pinellas Mobility Initiative (PMI), is being advanced within the governance of the Pinellas County MPO and the project development process of the Federal Transit Administration.(FTA). " y'Y` . One element of the Pinellas Mobility Initiative (PNE) work program is to evaluate alternative governance strategies for a potential countywide guideway transit'sysem. The central feature of this system would be fixed guideway transit service, operated in a pWade separated fashion, within the county. This central fixed guideway system wouj? a support-by a system of feeder bus routes; express bus routes, trolley services, and'advanced trolley ' ervices to form a countywide transit system that can provide automobde independent mobf " for the county's residents and visitors. Further, provisions would beincluded td connect to other fixed guideway systems being planned for the area such as the Flozd"?gh Speed Rail System and the Hillsborough Area Regional Transit Authority System. Currently, the Pinellas Suncoast Transit Auflio ,Aerates bus service within its service area within the county. No passenger rail or fixed giiad'' aY' ransit service is currently provided within the county. The implementation alternittives task.Uthe PMI addresses issues related to govemance of an integrated bus andrail system, procurement strategies, funding sources, and other information pertinent td.the impleementation of a fixed guideway system. ' W.,. -;rte I.2 Purpose of Report ?4„ The purpose of-this repo L to focu -on the transit governance alternatives element of the implementatio)a strategies tas escnbed above. It is envisioned that this report will be the beginrdhgr•of overall proces to establish the final transit governance structure for Pinellas County. This pro ess will inyolve input from the MPO's planning partners, the public, and others as approp r Therefore, this report may* be revised to reflect input and additional information received as`, p of this process. Specifically, the purpose of this report is as follows: • to identify key issues relative to state and local law pertinent to the planning, development, and operation of public transit services in Pinellas County; • to identify transit governance powers and responsibilities needed for an agency or authority to effectively provide countywide public transportation services; • to identify and evaluate transit governance alternatives allowed by law; to recommend a transit governance structure consistent with law that would provide for effective planning, development, and operation of countywide public transit services; and to identify follow-up activities necessary to carry out the recommendations. Transit Govmtance options Tech Memo rage i Pinellas Mobility Initiative 61412002 l , 1:3 Analysis Perspective The information presented. in, this report can be viewed from many different perspectives. However, since the purpose of the report is to evaluate a transit governance structure, the analysis perspective will be as follows: 0 From the viewpoint of the potential governing agency or authority, because this entity would be tasked with planning, development and operation of the transit system, and s From the viewpoint of the Pinellas County Board of County Commissioners (BOCC), because the BQCC is the most likely entity, other than the agency itself, to provide major funding for the agency or authority. i Analysis of the alternatives from these perspectives will form the b s. for the recommendations. •^! N 1a f 1 , ' Transit Governance options Tch Memo Page 2 Pinellas Mobility initiative 614/2002 2.0 PINELLAS COUNTY CHARTER AND FLORIDA LAW There are several areas of law that govern the potential planning, development, and operation of a countywide public transportation system. The major provisions of each are outlined in the following sections. 2.1 Pinellas County Charter Pinellas County is one of several counties in Florida to have adopted a Home Rule Charter,. giving the county authority to directly control most aspects of its governance without legislative intervention. One aspect of the Home Rule Charter is that it enumerated the powers of the county, with unenumerated powers being controlled by the state. Pinellas County's charter was adopted in 1980, and has been subsequently amended. The provision-of public transportation services is not listdW as a power` of the county in the Charter. Therefore, to add this power, the charter would need amendmeni`, - "ch requires a majority vote of the electors in the county at a special turpose:referendurn. The referendum can be forwarded by act of the BOCC or by citizen petition:- N_ 2.2 SpecialDistricts = x-. Special districts are typically single purpose?,%um o,, government with defined borders, powers and authorities. Usually, they are created b}.lecial' ii ?oBf'a county commission, the Florida Legislature, or the Governor and Cabinet. .; Special districts are defineVas either` dependent-oi independent, as outlined in Chapter 189, Florida Statutes (FS), formilly'..knov aW eijlniform Special District Accountability Act of 1989. The dependent status of the'clistrict determines its ability to raise revenues independent of another local goyemiii`g, body. Thy 's important for a transit authority or agency in that a dependent district would be;subject to)7- county ee aggregate 10 mill levy imposed by the legislature on governments. An independent district would not be subject to the county's millage rate, and would be &e..to raise revenge as provided for in the special act that creates it. The special district". status is.determined by the Special District Information Program within the " * N*WZN" Florida Department of Community Affairs (DCA) in. accordance with FS 189. A district's status is determined as followe, as cited in the Florida Special District Handbook, published by DCA: A Dependent District has any one of the following characteristics: o Its governing body members are identical to the, governing body of a single county or a single municipality, o Its governing body members are appointed by the governing body of a single county or a single municipality, o During unexpired terms, its governing body members are subject to removal at will by the governing body of a single county or a single municipality, o Its budget requires approval through an affirmative vote by the governing body of a single county or a single municipality, Transit Qovcmance Options Tech Memo Page 3 Pinellas Mobility Initiative 6/4/2002 o Its budget can be vetoed by the governing body of a single county or a single 'municipality. • An Independent district is defined as one not having any of the dependent district characteristics defined above. It is advantageous for the BOCC to have an independent special district providing countywide public transportation services. The BOCC would then not have to commit a portion of its millage authority to this purpose, providing flexibility to use this millage authority to fulfill the county's other stated purposes defined in its charter. 2.3 Pinellas Suncoast Transit Authority Act The Pinellas Suncoast Transit Authority operates under the purposes'arid; owers granted to it in Chapter 2000-424, Florida Law. Chapter 2000-424 is a speciaact of the'ida Legislature that became law in June, 2000, and which outlines the boundaries, nghts, responsYbrlifies, and powers pertaining to provision of public transportation services.in PSTA's service are:vznp Key elements of this law pertaining to operation of a countywide public p ?'' -on system include: o Transit area of operation - PSTA is granted coon 'de authority for operations, with the following exceptions:' o City of St. Pete Beach o Town of Belleair Shores y?+ o City of Belleair Beach o City of Treasure Island ,1.•n j' o Town of Kenneth -1 Membership ExpaA•sion - Tb x exempted' u= may join PSTA's service area subject to • . approval by their eTee • DeOnition of public try - dem the act as: transportation for hue by means, without 1 f a s ' way, elevated railway, subway, motor vehicle, bus, or other means of co ce ap g as a common carrier within the public transit area as prded, and c ervicr originating therein. • Boar !Directors - tes an 11 member Board, as follows: a 1 mc?nber of Ci Commission of City of Clearwater o I M of Commission of City of Dunedin 0 1 mem City Commission of City of Largo o I memb of City Commission of City of Pinellas Park o 1 member of City Commission of City of St Petersburg o 1 member of the combined municipal governing bodies of the Cities of Oldsmar, Safety Harbor, and Tarpon Springs o 1 member of the combined municipal governing bodies of the Cities of Belleair, Belleair Bluffs, Gulfport, Kenneth City, Seminole, and South Pasadena o 1 member of the combined municipal governing bodies of the Cities of Belleair Beach, Belleair Shores, Indian Rocks Beach, Indian Shores, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores, St. Pete Beach, and Treasure Island o I member from the Pinellas County Commission Transit Governance Opdons Tech Memo Page 4 Pinellas Mobility Initiative 6/4/2002 o 1 member appointed by the Pinellas County Commission who is not an elected official o i member appointed by the City of St. Petersburg City Commission who is not an elected official • Ad valorem tax authority - PSTA is authorized to levy an ad valorem tax of up to .75 mills, subject to approval by a vote of the electors of the transit service area. • Special District Status - PSTA is deemed to be an independent special district in the act. • Regulatory Authority - PSTA is granted the authority to regulate other operators of public transit services in their service area, including the ability to: franchise, set fares, require permits, and to. establish rules and regulations pertaining to these matters related to other such operators. 2.4 Regional Transportation Authority Law, Florida Statutes, Chapter 163 sets forth the purposes and:.powers for Regeonal Transportation Authorities formed and operated pursuant to this Chapteri In addition- fa?stlie powers and purposes, FS 163 also specifies the governing board; Structure, maximum mIage rates, charter requirements, and other issues pertinent to formation-bf Vr4onal transit authority. Key elements of Chapter 163 that apply to Pinellas include: + Creation Method - participating local governments:Iqia together to develop. charter governing operations of the authoriry;*,y • Governing Board - the makeup of`tfi?governing board is identified in the Chapter 163 as requiring one director from each member`: of,;tl;e authority, with two additional members appointed by the_Governor. 7 :19% :. • Dependent Status --aiitliorifees created under this Chapter are defined as special districts. The Chapter does Al state specifically a dependency status, though the Board makeup and other provi- ons.would:indicate an independent status. + Taxation and Finance`- Authorities seated under this section are granted the authority , of ad"viarem. tax, conditioned upon approval of the electors within -hills to levy up ? its serrwca area. ajori "' the electors in each political subdivision within the service area must apparo re the Kx before it can be collected in the political subdivision. + Membership Expansinn/Contraction - FS 163 states that members can be added by a majority',='-,Vote of the governing body of proposed new members. However, the referendum, uirem:ents identified under taxation and finance must still be passed before ad valor`e(axes can be raised within the new member's jurisdiction. The ability of members to Ave the authority would be covered under the authority's charter created by the members. 2.5 Special Acts Creating Transportation Authorities There are several transportation authorities in Florida that were created by special acts of the legislature. Examples of these specially created authorities include: o Jacksonville Transportation Authority (FS 349) • Tri-County Commuter Rail Authority (FS 343) • Central Florida Regional Transportation Authority (FS 343) • Tampa Bay Commuter Rail Authority Transit Governance Options Tech Memo Page 5 Pinellas Mobility Initiative 614/2002 Of interest to Pinellas County with respect to special acts is that an authority can be created in a manner acceptable to the author of the legislation. To create a transportation authority by special act, the following must be accomplished in accordance FS 189, Uniform Special District AccountabilityAct of 1989: * Report to the Legislature summarizing the following: o The purpose of the proposed district o The authority of the proposed district o An explanation as to why the special district is the best alternative o A resolution or official statement from the local general-purpose government members that the creation of the district is consistei t?-With ' approved local government plans, and that the local government does•nat object to its creation. o Special enabling legislation, which must include the folio o A statement as to the dependent status of the distract o The district's purposes and powe bond issuance; other revenue-rai: processes; [fens and liens forei contractual agreements; the meld amending the . charter for the governing board; the maximum duties of the governing board requirements; ' procedures and procedures; methods for finail# approval of the electors within 11 ad valorem assess5• planninj s, includin&R followifHOW valorem taxation; ng capabil'ties;'budget prep bon and approval loser kise cif tax deeds aM'tax certificates; o " g the distract; the method for its trict; bership and organization of the ompensa - board members; administrative applicable 'al disclosure and noticing r• _ uirements or issuing bonds; election ;?th • uthorized millage rate, subject to :special Wct; the method for collecting non- requirement; and geographic boundaries. 2.6 Summary of Table 1 summarizes_s ntro ws and statutes described above, and the key issues for each as they rely a to p 'aa o 'de public transportation services within Pinellas County. Tabd2 identifies other it systems in Florida, and the method in which they were created Transit Governance Options Tech Memo Page 6 Pinellas Mobility initiative 6/4/2002 . O 0 q . ? F O 0 d O U U J U t~Q r.? cb :? , ? C? , C ?q Q1 tM C C? ? •? 4:w 6i fir *t? N 67 "? .?. (U C G'i ?, U cu d) z z h nor h ? =4 Q 4 ? d 4.d Cl ar U G Q o .r ? y - CD 0 .0 '.". d ? q " " .D A . O d7 cs 0 0 ` p c ?,O d ... . j .? cam: ,_., Z ? d 03 o . w " ca as cis • ? , bf?? •r V ?? •5 'U 1 .,.y 'n N y N •? Gl .0?r- v d 'C7' .O ? y 4? 4 >% CD .0 ? + ? J o 0 ?r ?, ytn ?N o ? a 'b 79 U c 0 at 01 o IS U U, Lm 03 Fl C d)§E" I ? A A ^ ?1 Md ,a s 1t1 C ¢ li' '" U ' , id i.s '. +?' d 41 U in ? d ? ? a a> A ? aoi ? " C's 'ea 4 13 w d 07 En 0 U w H mu n? n u ?+ i C t U u ?c V? TABLE 2 FLORZDA TRANSIT SYSTEMS AND THEIR GOVERNANCE STRUCTURE SYSTEM COUNTY AGENCY CITY AGENCY INDEPENDENT AUTHORITY Metro Dade Transit Agency Broward Transit Division ,% Jacksonville Transportation Authori!y Hillsborough Area Regional Transit Pinellas Suncoast Transit Authori ,d .. Tri County Transit Orlando '== Palm Beach County Transportation Authori Tallahassee Transit Authori Re 'onal Transit System Gainesville East Volusia Transit Authority Escambia Coup Transit System " Lee Coun Transit Authority Sarasota Coup Area Transit Lakeland Area Mass Transit District Manatee County Transit ; ST )Ma Transit System S ace Coast Area Transi revar o. V .. Pasco County Shuttlc? K West Transit Authori ? ,-"qQ * Suwannee Vall it Au Tri-COun Cotnmu'°'= ulh " Tampa B 'Commuter utho Blowa CentraLF 0b=uter Rail thori bource: Lne rion rtetton ion, April 1991 Transit Governance Options Tech .Mcmno Page 8 Pinellas Mobility Initiative 614/2002 3.0 OPERATING AGENCY POWERS AND AUTHORITIES This section outlines the purposes and powers desirable for a new entity established to plan, implement, and operate mass transit systems)' in Pinellas County. Most of these powers and purposes are outlined in the various existing laws, as described in the previous section. Key powers and purposes include: • The right to plan, acquire, hold, construct, improve, operate, maintain, and lease all or elements of a mass transit system, encompassing all modes, and the ability to privately contract for same. • The conduct intermodal planning as necessary to facilitate"non-'motorized access to stations. • The right to sue and be sued. • To adopt, use, and alter a corporate seal. o To employ an executive director, attorney, staff;°a=consultants . • To advertise and promote transit systems and' activities of the entity • To enter into joint development agreement • To acquire, purchase, hold, lease as lessee, Ad.-Ise" ny franchise real property. z._ • To enter into and make leases. • , To make contracts and to execute all instruments nee ary for the carrying on of its ess business. • To have the power of eminent domain: • To raise revenue throuwhatev ?meeans av, able and as granted by the County Commission or the-Fxo Legislature, which' could include grants from local, state, . and federal age Eies, addvalorem taxes, fuel taxes, transit system sales surtax, donations, or other-?neans- .:. • To borrow money ai 'accept''gran om, and to enter into contracts, leases, or other transactior?+ith, any agency, the state, any agency of the state, or any other public.65dyo -state. - g l • T?ledge or en ber revenues, rates, fees, rentals, or other charges or receipts, ,101 g all or anortion of funds received by the entity through any agreement betweeN:Pinellas County or other political subdivisions. • To bo oneyd male and issue negotiable notes, bonds, refunding bonds, and other evi indebtedness. • To adopt by s for the regulation of the affairs and the conduct of the business. • To regulate other operators of public transit in Pinellas County as to franchises, permits, fares and other charges and to establish rules and regulations pertaining to these matters for distribution to the operators and public transit facilities in Pinellas County. Transit Governance Options Tech Marro Page 9 Pinellas Mobility Initiative 64/2002 4.4 TRANSIT GOVERNANCE ALTERNATIVES Several transit governance alternatives have been identified as potentially applicable to provide countywide public transportation services in Pinellas County. The alternatives include: • Expansion of PSTA's powers and purposes to better enable it to provide countywide fixed guideway transit service • Creation of a dependent county agency or authority • Creation of an independent authority under the provisions of Chapter 163, FS • Creation of an independent authority through special act of the legislature, similar to the several existing authorities created under Chapter 343, FS. r Analysis of each of these alternatives is described in more detail in:t$e following sections. 4.1 Expansion of PSTA 4.1.1 Description The first alternative under consideration is the expai s?i better enable it to provide fixed guideway service wxtfi several actions would be necessary, including: • Amendment of the special act that created PSTA to o Ability to provide countywide sE o Ability to levy additional millage ne o Potential amendment to the governi accountability to Bsic oards f County`Corr from the BOCQ, u evenues Tron fees A's powers and purposes to s County. To achieve this, t';to fundits activities g'` b structure to provide increased russioners, if it is to receive major funding potential fuel, sales, or other taxes or user • Local referendums rela ee Ito milragef they are proposed as the finding source for the authority's o eratic %?k ? Local ref .4 exem ted areas in the county to add them to PSTA's service area. 4.1.2 Advan There are many' tages t expanding PSTA's operations to provide fixed guideway transit service, including: • Existing pl operations, administrative, and maintenance staff in place • Existing specia(act in place • Cinrent effective leadership • Current independent special district status, • Currently approved millage rate of.75 mills 4.13 Disadvantages The disadvantages to expanding PSTA's operations include: • Lacks countywide membership • Current governing board structure is less accountable to the BOCC than is desirable for the BOCC to provide major funding to PSTA Transit Governance Options Tech Memo Page 10 Pinellas Mobility Initiative 6!4/2002 Current funding capability is limited, and is not adequate to plan and provide a countywide fixed guideway transit system 4.2 Creation of Dependent County Department or Agency 4.2.1 Description This alternative would create a new countywide authority as a dependent special district under the Pinellas County government. Creation of such a district would require several actions, including: • Amendment to the county charter to enumerate the power to provide public transportation services ..-I • Repeal of the section of PSTA's special act that gives PSTA.the power to regulate other public transit providers • Creation of the agency through special act of the BOC,CY 4.2.2 Advantages ` There. are several advantages to creating a new authorior agency under the Pinellas BOCC, as follos: * 'Provides the most accountability to the BOCC * Could take advantage of the existing county staff?? ' tructure, thereby reducing overhead for the agency ?='' ' bonding capacity and authority • Si 'ficant financial credibility y.as bac'fhe?ounty ? 4.2.3 Disadvantages The disadvantages to creating a nec? authority or?agency under the BOCC include: + Dependent status of district could consumepart of the county's authorized millage rate • Requires charter 'amendntref?ita?'y • Obligates county to back'tl c-agencies bond debts • Operating.agFeerxi - req . ' PSTA, if PSTA is not folded into new agency 4.3 Creation of Independent Authority per State Statute 163 4.3.1 Descriptio This alternative wo to an independent authority under the Regional Transportation Authority Act, FS 163 reation of an authority under this provision would require at least the following significant actions: • Repeal of the section of PSTA's special act that gives PSTA the power to regulate other public transit providers • Several governmental jurisdictions within the county form a charter committee and develop a charter for the new agency • if millage would be used to fund the agencies operations, a referendum would be required to enact such millage 4.3.2 Advantages There are several advantages to creating a new authority under Section 163, including: • Controlling legislation is in place Transit Governance options Tech Memo Page l l Pinellas Mobility Initiative - 6142002 • No'refercndum is required to create the authority • Legislation authorizes 3 mills ad valorem, subject to voter referendum • Legislation stipulates that the authority is deemed to be an independent special district 4.3.3 Disadvantages The disadvantages of creating an authority under Section 163 include: • Governing board makeup is defined by law, making the board less accountable to the BOCC than is desirable if the BOCC is to provide major funding for the authority • Additional overhead than if the authority were a county department Charter negotiation process required between potential members A_ 4.4 Creation of Independent Authority by Special 4.4.1 Description This alternative would establish a new independent auth Section 163. An example of this type of system is the (JTA) Law, which created the JTA and transferr?*0- Expressway System to JTA. This law also se , independent special district as described previousl; management, and powers and puuposes for JTA. Key through special act include: lw? • Repeal of the section of PSTA's sp public transit providers Justification report to the z islatur • Draft of special act Pro edi leg and funding abili. Qf t3 e new"Ruthe act outside of Jacksonville Traci-?tion Authority assets and debt G the Jacksonville he conditions required for an ` ated to membership, taxation, item, egliired to create an authority A the power to regulate other enumerating powers, purposes, management, • If millage would be usffh yd=fh' cies operations, a referendum would be required to enact such millage 4.4.2 Advantages There are I advantages td ting an independent authority by special act, including: • Gov board mak can be dictated by the special act, giving the BOCC more control o gov g board, which is desirable if the BOCC is to provide major funding for th ty • The authority a created as an independent special district, preserving the county's uullage rate au ority for its own purposes • The authority can be given ad valorem milIage powers to help fund its operations 4.4.3 Disadvantages The major disadvantages to creating an independent authority by special act include: • Additional overhead than if the authority were a county department • To maintain independent status, the BOCC can not have complete control over the governing board, as would be desirable should the BOCC contribute significant funds to the authority. Transit Governance Opdons Tech Memo Page 12 Pinellas Mobility Inidative 6/4/2002 ti 6.0 ' RECOMMENDED GOVERNANCE STRATEGY As stated previously, the perspective of this analysis is from the potential operating agency or authority, since such agency will be tasked with planning, development and operation of the countywide system; and from the Pinellas County Board of County Commissioners, who is likely to be the largest contributor of funding other than the authority itself. 6.1 Desirable Governance Characteristics There are several characteristics desirable for a countywide public transportation authority that would provide the maximum of flexibility in its administration while`. ainaining the maximum .degree possible of BOCC control, if the BOCC contributes substantially to finding the authority. Key characteristics of this ideal authority would include: • Absolute countywide authority to horn, develo , coastru -?perate and maintain a comprehensive public transportation system, whit pcou?d includes, trolleys, and rail or monorail service, with no exemptions. • Independent special district stators so as to:maintainhe BOCC's . age capacity for its own non-transit purposes. 00*11 • BOCC control of the governing board so as Niol, bow the BOCC to maintain control over the programming and expenditure of county ffifift- _ if the BOCC. provides major funding to the agency, a Ability to raise revenues and to bona ag O e revenues, either through ad valorem assessments or other means, such as the no enti er County Transit System Surtax, local option fuel taxes. me cor l1 nation thereof, to fund the non-federal share required for implementation operations. .• Easily created, bX loc to acti 6.2 . Some of the above character arTere ""utually exclusive consistent with state law, and therefore can not oc "'?1o ether. Th re, are two main options for a recommended for further evaluation" an t from the O's planning partners. Pending such input, the recommended options for a co We gov7=ee structure are: • Create a n , ty agency under the BOCC with the purpose of planning, developing, op g and maintaining a countywide public transportation system., as described previously in Section 4.2, or • Creating an independent authority through special act of the legislature, with as much BOCC representation as possible on the authority's governing board while maintaining the authority's independent status. There are two variants to this alternative, as follows: o Revise PSTA's special act to grant it countywide authority, reorganize its Board of Directors, and grant it more millage capability (subject to referendum), or o Create a new independent authority, with PSTA either continuing to operate bus service within the county or with PSTA's assets being transferred to the new authority. Transit Governance Options Tech Memo Page 14 Pindlas Mobility laitiarive 614/2002 o It is recommended that such an independent authority be created through its own special act as opposed to being created under FS Section 163, due to restrictions imposed on the authority's management and membership imposed by Section 163. Table 3 summarizes these recommended alternatives and desirable characteristics. TABLE 3 ?R RECOM3 ENDED TRANSIT GOVERNANCE-OPTIONS Alternative A Alteriii-hWe B Desirable County New Inde end4rft-A enc Characteristic Department Revisions to. PTyA NeW ,Special Act Absolute Granted by charter By referendum of G' ted in act countywide amendment exempt?'areas o -by r' authority amenai ei s ec?aaL% act Independent No Yes Yes district status BOCC control Yes ?- invited .?_ Limited Ability to levy ad Subject to county ?e' ss .7? miTTs °ui Granted in act valorem cap. ,,'? ? . amended by act assessment . d, Ability to collect 6¢ locafbption, by Grants-from BOCC Grants from BOCC fuel taxes Bdard?ac6on ox: m y referendum. " Ability to collect er Cohn ?l ¢C Grants from BOCC Grants from BOCC sales surtax " : Transit= refer um Ease of creatio Charter amendment, Amendments to special Passage of special act , •:, -se uires rereerendum act b legislature b legislature Source, Grimail Grawiar lmc. Transit Governance Options Tech Memo Page 15 Pinellas Mobility Initiative 6/4/2002 7.0 NEXT STEPS REQUIRED TO IMPLEMENT RECOI1 AUNDED STRATEGY There are many organizational and institutional issues related to funding, staffing, and operating a countywide: public transportation agency. However, the initial decision is to decide upon the form of the agency and the steps necessary to bring it into existence. Table 4 summarizes the major actions required for each governance option recommended in this report. 'T'ABLE s MAJOR ITEMS TO BE TO IMPLEMENT. RECO Alternative A ,- ternatlye B env Independent Authority Item' County Department & Revisions tZr3fi$-T_A New Special Act rt r t °£ Requires justification Enabling legislation ar terr amend uleat leg?s'latur e report to and act of legislature Referendum required Req Not Required Not Required to create a en Referendum required . 11 to 'fund agency Ma fuel tax L Yes - muillage Yes - millage ., surtax Xes - Repeal of PST s regulatory my over otherfr ` exlulred Not required Required operators Source: Cirimail Cara Transit Governance Options Tech Memo Page 16 Pinellas Mobility Initiative 6/4/2002