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11/21/2002i CITY COMMISSION i i MEETI-N-G i '? y I 11/21/02 NOTE: 11/18/02 PRELIMINARY (WS) AGENDA &' PAPERWORK, THAT WAS IN PACKET INITIALLY BUT THEN t NOT CONTINUED ONTO THURSDAY'S AGENDA IS AT THE BACK ' OF COMMISSION THIS AGENDA PACK. ACTION AGENDA - CLEARWATER CITY 'OMMISSION MEETING Thursday, November 21, 2002 1. Invocation -- Commissioner Hibbard 2. Pledge of Allegiance - Mayor 3. Service Awards - 4 given 4. - Introductions, Awards and Presentations a. Environmental Advisory Board awards to City Employees Terry Finch and Alan. Mayberry. - Given b. Citizens' Academy Graduation. - Given 1. Graduation. 2, Presentation by Class. c. Certificate of Appreciation from Coalition of Homeowners to Neighborhood Services. - Given d. We Care Fund.- Given e. Jazz Holiday Thank you. -Given 5. Approval of Minutes - Regular Meeting - November 7, 2002 - Approved 6: Citizens to be heard re items not on the Agenda - None PUBLIC HEARINGS 7. Approve ORD #7038-02, #7039-02 and #7040-02 on First Reading. Petition for Annexation, Land Use. Plan and Zoning Atlas Amendments for 1737 Cardinal Drive (Lot 72, Pinellas Terrace In the Southwest quarter of Section 5, Township 29 South, Range 16 East); Owner: Elizabeth Haun. ANX 2002-08011 PLD -- Approved. Ordinances passed 1 a' reading. 8. Approve,ORD #7041-02, #7042-02 and #7043-02 on First Reading. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast: quarter in Section 17, Township 29 South, Range 16 East); Owner: Dorothy Costa. ANX 2002-08012 PLD - Approved. Ordinances passed 1'' reading. Public Hearing - Second Reading Ordinances 9. Ord #7004-02 - Approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (1), for properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) -- Ordinance adopted. 10. Ord #7005-02 - Approve the Zoning Atlas Amendment from County Zoning One, Two and Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (1) District, for properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) - Ordinance adopted. mcc11 b02.ag 1 11/21/02 11. Ord. #7015-02 - modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key. - Ordinance adopted. 12. Ord. #7058-02 - Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority. - Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (items #13-21) - Approved, less Item #14. 13 - Approval of Purchases & Declaration of Surplus per Purchasing Memorandum: 1. Service contract with Thomas Ollestad for tennis Instructor during the period of November 22, 2002 thru September 30, 2003 for $100,000. 2. Purchase contract with Pride of Florida to increase the contract for the purchase of recapped heavy equipment tires during the remaining portion of the contract ending December 31, 2003 for $120,000. 3. Purchase contract with Fisher Scientific for miscellaneous purchase of bunker gear during the period of November 23, 2002 thru November 30, 2003 for $100,000. 4. Declare surplus and authorize disposal of vehicles and equipment. 14. Approve thlyd amendment to Clearwater Airpark, Inc. lease, the Fixed Base Operator at Clearwater Airpark, for the first five-year renewal option. MR - Approved. 15. Approve the three Consent Order Agreements with the Florida Department of Environmental Protection (FDEP) totaling up to a maximum of $97,500 in penalties only or $26,400 in penalties and $106,650 for in-kind projects for a maximum of $133,050, which provide for corrective actions to return to compliance at the City's three wastewater treatment plants. PW 16. Approve Addendum 2 to the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project for a time extension. PW 17, Award a three year contract to Armstrong Environmental Services, Inc., of Safety Harbor for Nuisance and Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Channels and Immediate Adjacent Transitional Areas in the amount $253,994. PW 18. Approve the transfer of $428,590.76 to Pinellas County for utility relocation along Keene Road, Phase 1A & 1B, from Druid Road to Sunset Point Road. PW 19. Approve an Amendment to the Interlocal Agreement for the construction of Keene Road with Pinellas County to coordinate efforts facilitating the Installation of landscaping from Druid Road to Sunset Point Road. PW mcc1 ib02.ag 2 11/21102 L__ 20. Award a contract for the Sharkey Road and Oberlin Drive Drainage Improvements (00- 0058-EN) to MTM Contracts, Inc. of St. Petersburg, Florida for the sum of $499,299.55 which is the lowest responsible bid received in accordance with the plans and specifications. PW 21. Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and James Wood in the case of Pallsano v. City, for a total amount of $80,000. OCA OTHER ITEMS ON CITY MANAGER REPORT 22. Approve Ord. # 7059-02, amending Chapter 2, Article III, Division 2, Section 2.081 through 2.085 of the Code of Ordinances to replace the title of the "Airport Authority Board" with "Airport Advisory Board", and provide clarification of their powers and duties, and pass of the first reading. MR -- Approved. Ordinance passed on 1'' reading. 23. Adopt Res. 902-50 establishing the intent to reimburse certain Water and Sewer project- costs Incurred with proceeds of future tax-exempt financing. FN - Approved. Resolution adopted. 24. Adopt Res. #02-51 establishing the intent to reimburse certain Stormwater project costs incurred with proceeds of future tax-exempt financing. FN - Approved. Resolution adopted. 25. Pelican Walk Garage Alternatives. - Staff directed to continue negotiations with Mr. Anastopoulos. 26. Other Pending Matters - None CITY ATTORNEY REPORTS 27. Other City Attorney Items - None 28. City Manager Verbal Reports - None 29. Commission Discussion Items - None 30. Other Commission Action - None 31. Adjournment - 8:36 p.m. mcc11 b02,ag - 3 11/21/02 r Public Comment Before we go on I want to review the Commission's Rules of Procedure regarding public comment. Individuals speaking to items on the agenda have 3 minutes to make their comments. However, there may be a spokesperson for a group, providing there are individuals in the audience willing to waive their time. For each individual that waives their time, the spokesperson will get an additional minute, up to a maximum of 10 minutes. Individuals waiving their time need to complete the form provided by the City Clerk and must remain in the audience. Public Comment on any item will be limited to a maximum of 30 minutes. Therefore,,In order to be fair to-both sides, when public input for an Item is called, those wishing to speak in support are asked to line up on the right side of the podium and those i.n opposition on the left.. We will then alternate sides until all have an opportunity to make their comments or time expires, whichever occurs first. Adjustments to alternating sides will be made to assure equal time for both sides should there be a spokesperson for one side and not the other. This is a fairly new procedure.' Please be patient with us as we adjust. Commissioners, in order to assure the public is provided the entire 30 minutes, I would ask that you not Interrupt the speakers, but hold your questions and comments until public comment is completed. CLEARWATER CITY COMMISSION Meeting Date: _ Item # As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate (please prino as our spokesperson and waive our right to speak. : Signature Print Name r : Signature. Print Name .t. , Signature Print Name Signature Print Name Signature Print Name Signature . Print Name' ` Signature Print Name ' S:IFORMS\Public Comments at Com Mtg.doc 9700-0034 Jan 9, 2002 t _ Clearwater City Commission Fork session Itern 0: Agenda Cover Memorandum rival Agenda item N 19LHm7 . Meeting, Dale: 11121102 SUBJECT/RECOMMENDATION: SERVICE AWARDS and that the appronriate officials be authorized to execute saute. 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 20 Years Sandra L. Lear Police Charles M. McPherson Parks & Recreation Anthony C. Gammon Solid Waste Anna M. Fierstein Human Resources John R. Olson General Services Kathleen A. McMullen Information Technology 30 Years 10 Years Margo K. Gustavson Michael K. Furlong Ruben J. Hernandez Vincent R. Booker William F. Keller, Jr. Stephanie Z. Stefaneili David J. Lane Louis A. Corona II GaryA, Johnson 15 Years Michael D. Pryor James M. Quinlan Timothy S. Charles . Deritangian Y. Davis Todd J. Still Police Planning & Development Fire Fire Fire Engineering Library Police Public Services Solid Waste Police Public Utilities . Library Public Utilities Betty J, Pucci Lawrence V. Dowd III Parks & Recreation Parks & Recreation Reviewed by: originating Dept: Costs Legal Info Srvc Total Budget Public Works User Dept. Funding Source: Purchasing DCWACM Current FY Cl Risk Mgmt Other Attachments OP Other Submitted by: City Manager ?. None Appropriation Code: Printed an recycled uane? Rev. 2190 i i t t , Work session Item #: L D Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: .t. L2 L Q? SUBJECT/RECOMMENDATION: Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5. Township 29 South. Range 16 East). Owner: Elizabeth Haun. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from Coutity residential Urban (RU) to City Residential Low (RL) and Zoning Atlas Amendment from County Agricultural Estate Residential District (A-E) to City Low Medium Density Residential District (I,NIDR) for 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) and PASS Ordinances #7038-02, #7039-02 & 47040-02 on First reading. (ANX 2002-08011) 0 and that the appropriate officials be authorized to execute same. SUMMARY: This site is located at 1737 Cardinal Drive, which is on the cast side of Cardinal Drive approximately 470 feet north of State Road 590. The subject property is approximately 0.19 acres in area and is currently occupied by a single-family dwelling. The purpose of the annexation is to enable the applicant to receive City sanitary sewer and solid waste service. The closest sewer line is located in the Cardinal Drive right-of-way and the capacity for the project is available for this utility. The applicant has paid the required impact Jce and is aware of the additional cost to extend sewer service to the property. A Future Land Use Plan designation of Residential Low (RL) 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 lacilities and their level of service. o The proposed annexation is consistent with the City's Comprehensive Plan, the Countywidc Plan and the Community Development Code. Reviewed by: Legal Budget NIA Purchasing N/A Risk Mgmt N/A Originating Dept: Info Srva N/A PLANNING DEPP Public NIA . Works DCM/ACM 1-11 Other N/A Submitted by: O. A d A",Ou? City Manager ---% 4'r Printed on recvcled Paper ? None User Dept. PLANNING DEPARTMENT Costs Total Funding Source: Current CI FY OP Other ADnrowlatlon Code: Attachments ORDINANCES NOS. 7038.02, 7039-02 & 7040-02 STAFF REPORT Rev. x198 • . 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 'Depailment determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards spccilied.in the Community Development Code: s The proposed land use plan amendment and rezoning application arc 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. ' o 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 October 15, 2002 and unanimously recommended approval. STIanning Department\City Commission\CCANX agenda 20021CCANX 2002-08011 -Elizabeth Haigi -- 1737 Cardinal Drive.doc .2 i f CDB Meeting Date: October 15, 2002 Case Number: ANX 2002-08011 Agenda Item: C-1 CITY OF CLEARWA`1'ER PLANNING DEPARTMENT STAFF REPORT ' BACKGROUND INFORMATION OWNER-.' Elizabeth Haun APPLICANT: Elizabeth Haun LOCATION: 1737 Cardinal Drive, located on the east side of Cardinal Drive, . approximately 470 feet north of State Road 590. ' REQUEST: To annex the property into the City of Clearwater at the request of 4 the property owner, and approve the appropriate City land use plan _ category and zoning district.- I. SITE INFORMATION ' PROPERTY SIZE: 8,580 square feet or 0.19 acres DIMENSIONS OF SITE: 78 feet wide by 110 feet deep PROPERTY USE: Current Use: Single-family residential Proposed Use: Single-family residential ' PLAN CATEGORY: Current Category: Residential Low (RL) Proposed Category: Residential Low (RL) ' ZONING DISTRICT:, Current District: R-3, Residential, Single-Family District (County) ' Proposed District: LMDR- Low Medium Density Residential Staff Report -- CommunityDevelopment Board -- October 15, 2002 -Case ANX 2002.08011 - Page I .S EXISTING SURROUNDING USES: ANALYSIS: Notlh: Single-family residential South: Single-family residential East: Single-family residential West: Singic-family residential The subject property is located at 1737 Cardinal Drive, which is on the cast side of Cardinal Drive approximately 470 feet north of State Road 590. It is 0.19 acres in area and is occupied by an existing single-family detached dwelling. The applicant is requesting this annexation in order to receive City sewer and solid waste services. The property is contiguous with the existing City boundaries to.the west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a' zoning category of Low Medium Density Residential (LMDR). A. IMPACT ON CITY SERVICES: Water and Sewer: The applicant is currently receiving water service from Pinellas County. The City will provide sewer service for this property and capacity is available for this utility, The closest sewer line is located in the Cardinal Drive right-of-way and the applicant will be responsible for the cost of extending service to the property, which is estimated to be S1,000.. The applicant paid the sewer impact fee of $900.00 on August 14, 2002 and will also be responsible for the required utility deposit far this existing dwelling. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an intcrlocal 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 properly. . Police: The proposed annexation is located within Patrol District 3 in which there are currently 51 patrol officers, 6 patrol sergea ' nts 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 - Conununity Development Board - October 15, 2002 - Case ANX 2002-08011 - rage 2 Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station M located at 1700 North Belcher Road. The Fire Department will be able to serve this property as it currently does and the annexation will not adversely affect lire 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: Tile. Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Low (RL). It is the purpose of this plan category to depict those areas that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas°as primarily well suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses permitted in Residential Low areas include residential equivalent, institutional, transportation /utility, ancillary non-residential and recreation and open space uses. The annexation does not propose to'change the Residential Low (RL) plan category and the proposed use is consistent with the uses and density of this 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 Or 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 78 feet in width and 8,580 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. D. CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Low (RL) with a maximum density of five (5) units per acre. Staff Report -- Community Development Board - October 15, 2002 - Case ANX 2002-08011 - Page 3 E. CONSISTENCY WITT] PINELLAS COUNTY AND FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staffs have reviewed this annexation and 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 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. Tile 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, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant paid the applicable sewer impact fee of $900.00 on August 14, 2002 and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and the 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 dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: Recommend APPROVAL of the annexation of the property located at 1737 Cardinal Drive. Recommend APPROVAL of the Residential Low (RL) 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. Staff Report- Community Development Board -October 15, 2002 -Case ANX 2002-08011 -Page 4 • Prepared by Planning; Department Staff: Gina L. Clayton, L g Range Planning; Manager .t. Attachments: Application Location' Map f.: Aerial Photograph of Site and Vicinity Proposed Annexation Future Land Use Map Zoning Map' Surrounding Uses Map Site Photographs ' Fad SAPlanning DepartmcnAC D WAuncutianAANX -200USTAIT REPORTMANX 2002-08011 -1737 Curdinul Drive -Elix-abclll Iiaun.dac `' . :' .'. ` . Staff Report -Community Development Board - October 15,2002- Case ANX 2002-08011- Page 5 ,, 1 1 r, N TERRACE DRIVE 15 65 64 37 33/02 - - 1 `1 66 aft CARIYAI£R C L - - - - - - 1 { 13 r(1? 6? 2 (X a x 33/03 12 2 e I Ic 33/01 ; i 68 61 I ? , -- t 1 I I I 33/052 I 1 0 9 60 ------•-------- , 70 59 Vi 33/051 71 70 V Car Wash A N 72 57 33/06 73 56 4 74 55 i ? t 3 Z c? ¢ /073 ?l? g 33/12 2 4 W I ;CL ? -z i 1 7C4 F 3 ¢ I 33/08 I •*2 ? 33/07 , i 33 0 'f 11 ' 3 a 1 & / 3 i I r I G i 51 I J 'm 22/05 '? 7tit 2FedL Restrtx , ,, res • clelit r L----...-------1 f 0 1 J 9 10 LC a 11 13 14 15 16 17 18 19 20 O 21 22 1 2 3 EXISTING SURROUNDING USES OWNER: Elizabeth Hagan CASE: ANX 2002-08011 SITE: 1737 Cardinal Drive PROPERTY SIZE (ACRES): 0.18 ZONING LAND USE Reeldontlal Low R-3/Count 06129116171424100010420 y FROM: TO. LMDR Reeldential Low ATLAS PAGE. 264A T. V S.R. 590 t? ORDINANCE NO. 7038-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF' STATE ROAD 590, CONSISTING OF LOT 72, PINELLAS TERRACE, WHOSE POST OFFICEADDRESS IS 1737 CARDINAL DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and 'depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 72, Pinellas Terrace, according to the map or plat thereof recoded in Plat Book 40, Page 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed' to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cbrk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid s Assistant City Attorne Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7038--02 .? 23sD9 1 t; N TE RRACE DR IVE 2^3494 100 ,p 2,7492 635 G4 37 36 50 4813-489 33102 17741 - ? ? ? ? 1775 1778 - -- ° ? 1779 17711 9 • 234116, ?3453 1779 4535-t3 ------------------ 1' I? J 1766 66 63 38 A 1 Q L COU7II: _ i lYC2 _ 1771 - - 1772 1773 1772 1773 r l:lCARWl11C1? 1 3 ' _ V G7 ?( I { I 61 a 39 Q 17 J 23490 I I , 12A 1767 1766 1767 176,6 ? 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N s I ?- { -- 1722 1725 1724 1725 1724 1725 x3!06 i i 1727 3 v? 33/071 1N I'< i Z o 1718 75 54 47 2 6 19 dY4 I? r 33/12 Q ' 1718 f719 u 1718 7 1 r I 3197 f 2 17t 1 19 145 76 53 48 ¢ 25 20 - - 1712 171s 1712 0 1713 1 212 23055 j 1707 ' A . `t 1700 I 33/08 f I 0 I 52 1756 49 1707 24 170 1707 21 33/07 + ' 33/09 33/11 6 ?,}? 100 100 N ' 1701 y 78 51 50 23 22 I 23045 i I I c+ Ir N 60 1701 1740 50 1701 1700 50 1701 3034 S8 /5-1015 w r ? LO 1862-1935 - Ln S .R. 590 J 0 39 77-940 °? ? m 511 o 0 1-119B w to 0 0 LA to i 4 N Ir Q m Q 1685 231 100 22/05 .0 1 H GO 1091 1 r` "•?g 100 N Q1 22/ 2 1670 + I S) + 1 167? 2 r I ? ` ? I f r I f --------- --- 1$ 165q 1655 _______ __ 9rI t 11736 1637 PROPOSED ANNEXATION OWNER: Elizabeth Haun CASE: ANX 2002-08011 SITE: 1737 Cardinal Drive ~~ PROPERTY SIZE (ACRES): 0.19 ' ZONING LAND USE PIN: 05/29/16171424100010420 FROM: R-3/County Residential Low Q TO: LMDR Residential Low PAGES 264A Exhibit A Ordinance No. 7038--02 .u, ORDINANCE NO. 7039-02 AN ORDINANCE OF THE CITY. OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAID! OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT,72, PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1737 CARDINAL DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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: Propert y Land Use_Category Lot 72, Pinellas Terrace, according to the map or plat Residential Low (RL) thereof recoded In Plat Book 49, Page 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) 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. 7038-02, 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 Al ved as to form ' V. a Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7039-02 M111-1... . , . FUTURE LAND USE FLAN MAP OWNER: Elizabeth Haun CASE: ANX 2002-08011 SITE: 1737 Cardinal Drive PROPERTY SIZE (ACRES): 0.19 ZONING LAND USE PIN: 05/29/16/71424/000/0420. FROM: R-3/County Residential Low (RL) , ATLAS PAGE: 264A TO: LMDR Residential Low (RL) r• ?517an+un?11,?.xtrn.m?C11M?Rn+w??+„n.\('?r•A4?ulhilKl+MIlUM1141TR1'n.lu,.l[r?l•\N?IlNfnup?u6 '?Ordinance NO. 7039-02 ORDINANCE NO. 7040-02 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 CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 72, PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS 1S 1737 CARDINAL DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification asset 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 District Lot 72, Pinellas Terrace, according to the map Low Medium Density Residential or plat thereof recoded in Plat Book 49, Page (LMDR) 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) 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. 7038-02. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ' Leslie K. Dougail-§id Assistant City Atto y Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. 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RR - 19 1673 2 --- - LDR 1654 3 1655 µ I i ?_ r 7._..^____----? W { 7r-f 1G36 1637 ZONING MAP OWNER: Elizabeth Haun CASE: ANX 2002-08011 SITE: 1737 Cardinal Drive Y Y PROPERTY? (ACRES): 0.19 SIZE ZONING -- LAND USE T _ 05120119171424/040/0420 FROM R-3/County Resldential Low ATLAS TO. LMDR Residential Low PAGE:: 2844 Ordinance N.o.;.,7,Q40-02 t? Clearwater City Commission Work session Item #: F Lo a Agenda Cover Mcillorandu111 Final Agenda Itern # Meeting Date: 11 'i QZ_ SUBJECT/RECOMMENDATION: Petition for Annexation, Land Use Plan and Zoning Atlas Amendments 11or 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East); Owner: Dorothy Costa. 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 Low Medium Density Residential District (LMDR) for 155 Elizabeth Avenue South (135 feet of the West 980 feet of' the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East) and PASS Ordinances 97041-02, #7042-02 & #7043-02 on first reading: (ANX 2002-08012) 0 and that the appropriate officials be authorized to execute same. SUMMARY: This site is located at 155 Elizabeth Avenue, which is on the east side of Elizabeth Avenue South approximately 960 feet north of Gulf-to-Bay Boulevard. The subject property is approximately 0.22 acres in area and is currently vacant. The applicant proposes to construct 'a single family dwelling on this site following this annexation. The purpose of the annexation is to enable the applicant to receive City water, sanitary sewer and solid waste service. The closest water and sewer lines are located in the Elizabeth Avenue South right-of-way and the capacity for the project is available for these utilities. The applicant will pay the required impact fees at the time building permits are issued, as well as the cost to extend water and sewer service to the property. A Future Land Use Plan designation of Residential Urban (RU) 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: e 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 by: Originating Dept: Costs Legal Info 5rvc NIA PLANNING DEPART ENT Total O Gina L. Cla o Budget NIA Public NIA User Dept. Funding Source: Works Purchasing NIA DCM/ACM PLANNING DEPARTMENT Current Cl FY Risk Mgmt NIA Other NIA Attachments OP ORDINANCES NOS. 7041-02, Other 7042-02 & 7043-02 STAFF REPORT Subtnitted by: • ' City Manager Nona Approp riation Code: Printed on recvcled anoer Rev. ?198 • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This minexation 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. ' 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 October 15, 2002 Arid unanimously recommended approval with the condition that all new construction comply with the requirements of the Community Development Code. ii . t i s 11% r .y s SOanning Department\City Comn-ission\CCANX agenda 20021CCANX 2002-08012 -Dorottiy Costa - 155 Elizabeth Avenue South.doc i 2 ?i CDB Meeting Date: October 15, 2002 Case Number: ANX 2002-08012 Agenda Item: C-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: Dorothy Costa ; APPLICANT: Dorothy Costa REPRESENTATIVE: Brian M.,Smith > LOCATION: 155 Elizabeth Avenue South, located-on the east side of Elizabeth Avenue South approximately 960 feet'north of Gulf-to-Bay Boulevard. . REQUEST: To annex the property into the City of Cleanvater at the request of the property owner, and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: 9,450 square feet or 0.22 acres DIMENSIONS OF SITE: 70 feet wide' by 132 feet deep ' PROPERTY USE: Current Use: Vacant Proposed Use: Single-family residential 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: LMDR- Low Medium Density Residential Staff Report - Community Development Board -- October 15, 2002 - Case ANX 2002-080 1 2 -- Puge 1 EXISTING SURROUNDING USES: ANALYSIS: North: Vacant lot South: Single-family residential East: Mobile home park West: Duplex The subject property is located at 155 Elizabeth Avenue South, which is on the cast side Elizabeth Avenue South approximately 960 feet north of Gulf-to-Bay Boulevard. It is 0.22 acres in area and is currently vacant. The applicant is requesting this annexation in order to receive City sewer, water and solid waste services. The applicant intends to construct a single-family detached dwelling on this site. 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 Low Medium Density Residential (LMDR). A. IMPACT ON CITY SERVICES: Water and Sewer: The City of Clearwater will provide sewer and water service for this property and capacity is available for these utilities. The closest sewer and. water lines are located in the Elizabeth Avenue right-of-way and the applicant is aware of the costs of extending service to this property. The applicable sewer and water impact fees will be required to be paid when building permits arc issued, as well as the required utility deposit for the proposed dwelling.- 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, 6 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 --.October 15, 2002 -- Case ANX 2002-08012 -- Page 2 Fire and Emer gene Medical Services: Fire and emergency medical services will be provided to the property by Station 1149 located at Sky Harbor Drive and Gulf to Bay Boulevard. The City of Clearwater provides water service on this street with a two (2) inch domestic water line. There are no fire hydrants on 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 Comprehensive Plan and the Countywide Plan designate tl}e 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 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 a vacant lot, which the applicant intends to develop with a single-family detached dwelling unit. The property is 70 feet in width and 9,450 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 Staff Report - Community Development Board - October 15, 2002 -- Case ANX 2002-08012 -- Page 3 dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code. D. - CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan 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 LACY: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staffs 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 cast 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 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 both Florida Law and 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 sewer, water, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicable sewer and water impact fees will be paid when building permits are issued. Tile applicant 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 single-family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law and 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 Board -'October 15, 2002 - Case ANX 2002-08012 -Page 4 Recommend APPROVAL of the 'annexation of the property located at 155 Elizabeth Avenue South with the condition that all new construction comply with the requirements of the Clearwater Community Development Code. 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 Comunity Development Code. Prepared by Planning Department Staff: Gina L. C1 yton, Lot Range Planning Manager Attachments: Application ' ' Location Map ' Aerial Photograph of Site and Vicinity Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs SAPlanning Department\CDB\Annexations\ANX --20021Staff Reports\ANX 2002-08012 --155 I:lizabetli Avenue , South - Dorothy Costa.doc Staff Report - Community Development Board - October 15, 2002 - Case ANX 2002-08012 -1'uge 5 t NORTH lan Aerli--d Mja. p X34•--- • ? G r{j; J r =w ?l h1 low 1 ?T$ 1 1 =? 1 e I :• = a • A + u I I ? I wffrr K • C fps t. t i Flo C44M,?r.r•f•••.•v =rJ N4J.YS. M,•rn •. w•Fr M?f?•.fff?.35r•.?.'!n'N?•1.\I,r r.?lr, ., ?, x•I.; hf.i •?..?,r 1^...... .? f"?.... IF .. • /? _ , ..... .. _ •r ... , .. :..1? .., ; .• ` . .. , i , . r.: ;=o, a? :.ads ^F+kr.+w?. ..? .. .... ;' _ ...• _. _ a ,•. yS ?. .. ?... r ''r-=. . ..',?_...y .I?«•vY Yi.n.?lam `...{z??w CITY OF CLEARWATER, FIARIDA ^ PUBLIC WORKS ADMINISTRATION E, ? 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WASH 101 202 201 302 302 201 10 35 1 1 102 3/29 - --- ---- ------ ----- 36 il t 13/3D ' il Re a Reta 13/301 38 13/091 13/31 i 13/341 14/03 37 13 37 13/33 i 14/04 S.R. 60 GULF TO 13AY EXISTING SURROUNDING USES OWNER: Dorothy Costa CASE: ANX 2002-08012 PROPERTY SIZE AGREE SITE: 166 Elizabeth Avenue South ROW SIZE (ACRES): .02 ZONING LAND USE PIN: 17/29/18/00000/130/1210 FROM: A-E/County Residential Urban TO: LMDR Residentlal Urban ATLAS 2918 PAGE: , 1 ORDINANCE NO. 7041.02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE SOUTH, APPROXIMATELY 960 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF THE EAST 135 FEET OF THE WEST 980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, 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 CIF 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: East 135 feet of the west 980 feet of the south 70 feet of the north 299.88feet of the southwest one-quarter of the northeast one-quarter of Section 17, Township 29S, Range 16E, Public Records of Pinellas County, FL, together with the abutting right-of-way. (ANX 2002-08012) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner aved P; to f gym: l Leslie K. Dougall-Sld s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7041-02. ,12 93 f j 11 1 f 2 l 117U 1 1 9 t + G LEEWARD _ - ISLE - - ?- , N r7 'd lf1 lfl n ?p _ p? O N ++'1 r i!} io ?0 /p rr] ? ca ro a J IC .. 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NN r7 n ry N S.R. 60 GULF TO BAY r PROPOSED ANNEXATION OWNER: Dorothy Costa CASE: ANX 2002-08012 SITE: 166 Elizabeth Avenue South PRQPERTY SIZE (ACRES): 0.22 _ ROW SIZE (ACRES): .02 5 ZONING LAND USE FROM: A-E/County Rosidentlal Urban PIN: 17 /29/16/0004D/13D/121d z TO: LMD13 Residentlal Urban ATLAS 2918 PAGE: r? Exhibit A Ordinance: No. 7041-02 ORDINANCE NO. 7042-02 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 SOUTH, APPROXIMATELY 960 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF EAST 135 FEET OF THE WEST 980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE-QUARTER, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. . WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT.ORDAINED BY-THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category East 135 feet of the west 980 feet of the south Residential Urban (RU) 70 feet of the north 299.88 feet of the southwest one-quarter of the northeast one-quarter, of Section 17, Township 29S, Range 16E, Public'Records of Pinellas County, FL, together with the abutting right-of-way. (ANX 2002-08012) 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. 7041-02, 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, 7042-02 FUTURE LAND USE PLAN MAP OWNER: Dorothy Costa CASE: ANX 2002-08012 SITE: 155 Elizabeth Avenue South PROPERTY SIZE (ACRES): 0.22 R.O.W. SIZE (ACRES): 0.02 m.o.1. ZONING LAND USE FROM: A-E/County Residential Urban (RU) PIN: 17129116/00000/130/1210 TO: LMDR Residential Urban (RU) ATLAS PAGE: 29+4A S.\P6min?pepxunenllCp N\Airr?du+n?l G+e 111.pH L 11%tI?U!•f?fUll 1717 CW.wl V,\ IAN U USE -p p06 Ordinance Na. 7042-02 ORDINANCE NO. 7043-02 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 SOUTH, APPROXIMATELY 960 FEET NORTH ON GULF-TO-BAY BOULEVARD, CONSISTING OF EAST 135 FEET OF THE WEST 980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, 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 pert Zoning District East 135 feet of the west 980 feet of the south Low Medium Density 70 feet of the north 299.88 feet of the soutMest Residential (LMDR) one-quarter of the northeast one-quarter, Section 17, Township 29S, Range 16E, Public Records of Pinellas County, FL, together with the abutting right-of-way. (ANX 2002-08012) 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. 7041-02. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ap?p?r Ived as to fofrrm: -', / 1r V /' .f l'/r41?. !/7? T!-r!yr ?,, r?•? I ? /?f :Y?iC'. Leslie K. Dougall--Sidles Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7043-02 k? r11 s 9,S 11$ f3i 131 I/O 131- K 11 ', .' c 54 -12 J.? L14 L ; LEEWARD _ -_ _ ISLE -a I h I`l r7 .t 1f7 f? n? ill -t ?n i0 ; up a .. Tq'D K J 1 y.H.1 ;?. r- r- CID CID w lu '1? 1 I Gt] ?- L, 1:1 17111 EuieW ' ?Ito tt5 20 17 its its 21 16 ,00 c,.1 z 2nt 22 2 Q 15 204 205 3 '14xatr 209 24 13 x1x '!3 25 12_18 21726 CD ?11220 27 Jr 21 10_anf _ of 28 9 JuN 106 29 8 300 00 30 7 312 C3 313 31 6 ,310 317 32 5 3xo 3zl 33 324 :s2s H I _.401 36 407 413 38 37 60 12 OZ ? 13 11 o ni `t •t •r v rn -r •t -i C) ni In u? •t U-) rp n r rv u u7 oo •r w •t r -t N -r a I sr I I / ^ ? fR 3 li'kafl i Vor, 690.7-13[S6? 1St AV E ? ? _ 138 137 238 237 338 336 35 236 135 131 ° 13/12 136 135 235 235 336 334 233 234 133 13 9862-1869 w a 1/eMMolfi 134 133 234 233 334 332 231 232 131 13 132 1 31 (L 332 Cl- tss 232 231 ' : 13/121 330 229 129 131 15' POW Ea., z onflomma 130 129 230 229 ? 2956-249 13/1311 1 14 128 127 228 ??. - 328 227 127 12 126 125 225 325 326 226 125 121 1 p i3 15 124 Cj 224 223 324 324, 224 123 U1 12 1 15 ROW Ea 2950-56 13/16 1 57aS w 9z9 122 221 222 1 3109 t 201 13/17 _......- . 121 222 12 eta 45 205 10113/18 120 13 3 A 12c 13/19 Q 209 118 119 220 9 2 1 1 117 210 213 0 13/20 116 117 218 217 316 215 216 115 111 13/21 o - - 1 x%22' 114 115 216 314 2 13 14 1 3 11 30n 112 r7 ,.,• , ] 13 214 314 11 334 13123 4 110 - 211 312 212 111 BARBARA 336 .." ? :.'`',• 3` 108 209 N 210 109 5 w 1 .24 210 209 310 11 LEON 1 0 co ' 34613/25. 347 106 308 308 207 208 107 33z . N 107 208 207 89-26 13/251/ 104 306 205 206 105 10 S,R. 60 CD w v 105 206 205 306 38513Z2 7 204 G 10 A ]3 304 203 m3eo n 102 103 204 203 304 s0 33t /28 WASH 101 202 201 302 302 201 10, ^4004 407 ------ 102 3/2930 ----------- 13/30 I I 13/301 i 1 13/091 13/31 13/341 x 14/03 C 1 I 13/32 13/33 i i ? 14/04 ca C, o i I \ a 1w r4 rq rq.? I N7 N N ? N INI NN N ry GULF TO BAY ZONING MAP 1 OWNER: Dorothy Costa I CASE: ANX 2002-09012 SITE: - 166 Elizabeth Avenue South I PROPERTY ROW SIZE SIZE (ACRES): 0.22 (ACRES): .02 _ _ ZONINt3 LAND USE -W IN17/29/la/00000`/130/1210 FROM: A-E/County Residential Urban F •ro: LMDR Raeidontial Urban 2918 . Ordinance No. 7043-02 ` J CITY COMMISSION, 03:29 PM 1112012'002, LUZ 2002-05006 "Our Lady" Application To: CITY COMMISSION <citycomm@clearwater-fl.com> From: Jack Alvord <Alvord@tampabay.rr.com> Subject: LUZ 2002-05006 "Our Lady' Application Cc: Bcc: Attached: November 21, 2002 My name is Jack N. Alvord, I am the President of Historic Bayview Association, Inc. We have been involved with the Historic Bayview Land Use Change requests of Diane Brown since she made her first request to Pinellas County on April 2, 1980. We have been against each and every one of the land use changes from residential to commercial or institutional for the past 22 years due to environmental and public safety issues. Our association has a huge file of technical and statistical information on which we base our concerns. We have carefully documented our requests for denial of any and all land use changes in Historic Bayview. With the approval of the subject application, and the opening of the 3,000 member Baptist church at the comer of Bayview Avenue and Drew, a tragic accident will result in the death of at least one or more people both, as automobile occupants and pedestrians This is a statistical certainty based on the references that follow. I therefore urge that you carefully review all of the information we fumished you again before making your final decision. Public Safety, not Level of Service (LOS) is the issue. Life is precious, vote to deny. Date: From: To: Subject: 09 August 2002 Jack X. Alvord Bill H-Qrn-e Historic Bayview rezoning,.... 15 August 2002 Q.1idiTamn1 Jack K. Alvord City Review Process 15 August 2002 Billi Jack N. Alvord Historic Bayview rezoning,.... 18 August 2002 Jack 14. Alvord Bill Horne Reply to City Manager 18 September 2002 Jack hL. Alvord City Commissioners Crash Data 30 September 2002 Jack N. Alvord Mam A. Mariamo Friday Telephone Request 04 October 2002 Marc A. MarJan Jack N. Alvord Planning Department Ur. 17 October 2002 Jack N. Alvord mm A. Haig ?LUZ 2002-05006 27 October 2002 Jack N. Alvord Bill Korne & Pam Akin Public Safety 06 November 2002 Jack ,. Alvord City Commissioners L UZ 2002-05006 Printed for Jack Alvord <Aivord@tampabay.rr.com> 1 Second Reading ORDINANCE NO. 7004-02 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 AND DESIGNATING INITIAL LAND USE CATEGORY FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW AVENUE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING A PORTION OF TRACTS "B" AND "C", MYRON A. SMITH'S BAY VIEW SUBDIVISION, FURTHER DESCRIBED AS PARCEL A - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.21006'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.21006'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL B - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE' THENCE N.68053'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68053'12"E., 104.61 FEET TO THE POINT OF BEGINNING, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1) AND INITIAL DESIGNATION OF ANNEXED PROPERTY AS INSTITUTIONAL (1); 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, Ordinance No. 7004-02 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto (LUZ 2002-05006) Land Use Cate-gory From: Residential Low (RL) To:. Institutional (1); Initial Designation of Annexed Property as Institutional (1) • ..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 November 7, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ' Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst. Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7004-02 Legal Description for LUZ 2002-05006 Parcel A' THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.21006'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.21006'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: Parcel B THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68053'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W:, 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68053'12"E., 104.61 FEET TO THE POINT OF BEGINNING. Ordinance No. 7004-02 AM RIOS Rlos ---RLL _ I HU RIOL RU _ INS L RlOL Flu RU INS RU 4 RU FILM RU RuRIOL U RLM U RU INS RU RFH INS RU RU 4 Cl? AU Cr RU RU RU RU AM CG CG L CG CG CG CQ GUIf to Ba Blvd N C ca CG INS CG RLM RU RLM TIU RU RH RU r' 9 \ R RL RU tp?? .q T! P Q2 RM RH RLM I " ?'? 0 p INS C RL RL rrr PIN: ]8/29/11B/83]OB/OB4/4203 • " 0 29/18/83 00/000/0206 1VATER 4b rr le/29/ 8/83]08/000/4304 ]8/29/ 6183 06100010306 old7umpa 23ay err 10/29118/831061000/0308 18129/181831081000/0308 WATER ?B/ 9/?82 0 Bl404/4309 31 0 16/29/18/831081400/0310 6 LAND USE PLAN MAP QWNER:. Our Lady of Divine Providence CASE LUZ 2002-05008 House of Prayer, Inc. SITE: S.' Bayvlew Ave. & Penmar Dr. PROPERTY SIZE (ACRES): 3.08 ZONING LAND USE FROM: LI7R Resldo0tlal Low ATLAS PAGE: 301A T0: ! I Ordinance NO. 700+-02 I () ORDINANCE NO. 7005-02 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AND DESIGNATING INITIAL ZONING FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW AVENUE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING OF A PORTION OF TRACTS "B" AND "C", MYRON A. SMITH'S BAY VIEW SUBDIVISION, FURTHER DESCRIBED AS PARCEL A - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.21006'48"E., 101.43 FEET TO "rHE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67°28'30"W., 176.50 FEET; THENCE N.21 °06'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL B. - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68053'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO. THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68°53'12"E., 104.61 FEET TO THE POINT OF BEGINNING, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM LOW DENSITY RESIDENTIAL (LDR) TO INSTITUTIONAL (1) AND INITIIAL ZONING OF ANNEXED PROPERTY AS INSTITUTIONAL. (1); 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: Sect. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Ordinance No, 7005-02 Property Zoning District See legal description attached hereto From: Low Density Residential (LDR) (LUZ 2002-05006) To: Institutional (1): Initial Zoning of Annexed Property As Instititutional (1) 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 7004-02 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 November 7,'2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: 1- , Leslie K. Dougall-Sid I-s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 7005.02 Legal Description for LUZ 2002-05006 Parcel A THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY,. FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.21006'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.21106'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: Parcel B THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21 °06'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE PONT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68°53'12"F_., 365.82 FEET; THENCE S.21 °07'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEWAVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68°53'12"E., 104.61 FEET TO THE POINT OF BEGINNING. ordinanco No. 7005-02 5Q 17. 11 10 9 g j 11 14 8 HANK 0 2d/45 c o° 0 60 ?"+ pQ 9 0 7 G 50? ri °? / °? 7J 8 ")M ,t, ). 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Bayview YAve. & Penmar Dr. PROPERTY SIZE (ACRES): 3.08 ZONING LAND USE FROM: LDR Aenldontlalt Low ATLAS PAGE., 301A TO: I i Ordinance NO. 7005-02 Second Reading ORDINANCE NO. 7015-02 AN- ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, 'AMENDING CHAPTER 33, SECTION 33.067, CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO MODIFY SUBSECTION (9) ADDING A NEW DEFINED AREA FOR SPEED RESTRICTIONS OF VESSELS EAST OF MARINA DEL ' REY AND ISLE OF SAND KEY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067, code of Ordinances, is amended by modifying subsection (9) to read: Sec. 33.067. Same-Areas defined. (9) Slow down - minimum wake zone; internal canals, and 75 yards east of Marina Del Rey and Isle of Sand Key. All waters of the internal canals of Marina Del Rey and Isle of Sand Key, south of Marina Del Re Hafbarage-Gaur4 and north of the southern boundary'of the city are designated as a slow down - minimum wake zone., as well as 75 yards east from the northern most point of the shoreline at Marina Del Re continuin south for approximately 460 yards parallel to Sand Key Estates Drive, then back to the southern boundary of the city at 27 deprees56minutes 10 seconds north latitude and 82 degrees 50 minutes 9 seconds west longitude. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan,, ,b- Ruff" Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7015-02 ?. LEGEND Proposed Addition To The Existing Minimum Wake Zone WAKE ZONE 130UYS r 1411, ' r? 9 +?L`3 wn ,ar ctt 9i[ ' '/Lire' RAIm r m '? o HQLr=-i1?Fm MOM MAUI E•f CAN 93*99P YN y? E 1 ?, Cif /0 IN, __ CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING U=4 xQ °, /In ow, w- w 1.4W DOWN - MINIMUM WAKE orw w x NOVO CLEARWATER PIAR80R soo»a5a, mum I" wmn MAMA 1 or 1 i F t II 1 l? Second Reading ORDINANCE NO. 7058-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CLEARWATER HOUSING AUTHORITY; PROVIDING AN ADDITIONAL EXCEPTION TO THE REQUIREMENTS FOR QUALIFICATIONS AND APPOINTMENT OF MEMBERS UNDER CHAPTER 2, ARTICLE III, , DIVISION I, SECTION 2.063(1) ALLOWING A RESIDENT OF PINELLAS COUNTY WHO IS EMPLOYED WITHIN THE CITY LIMITS TO BE APPOINTED TO THE CLEARWATER HOUSING AUTHORITY WITH THE LIMITATION THAT NO MORE THAN- TWO BOARD MEMBERS MAY SERVE CONCURRENTLY; PROVIDING AN EFFECTIVE DATE. .. WHEREAS, Section 2.063(1) requires a person appointed to a board of the City of Clearwater be a resident of the City at the time of appointment and maintain residency within the City during the term of the appointment as a condition of eligibility to hold office, unless exception is provided for under 2.063(9)(a)-(g); and WHEREAS, the proposed amendment provides an additional exception to allow the Clearwater Housing Authority to appoint residents of Pinellas County who are employed within the City of Clearwater city limits; and WHEREAS, the proposed amendment limits the number of board members allowed under this exception to no more than two members serving concurrently; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.063(1) is amended by adding the following: Sec. 2.063(1) h The Clearwater Housing Authority shall be allowed to appoint residents of Pinellas County who are employed within the city limits._ This exception shall be limited to not more than two members serving concurrently. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 7058-02 a ?z E ti c 0 a?? c io s a a a ro w ? ? . p qq d a Q o o ca ?"? '? gg? u7 2r a ? R 3 UJ 1 .52 ?i y • c+: ' qq d M 25 25 ? 25 c 0 o $ N g E to W o t ' z 9i 9 Y ro ly y? .jg a 1•- N ? L ? Z 1 1 - N V 13 a_ E I? qq N , $v ?o A V I s ? cn i ? °' in a 1 E j. m 7 I iL s Zi E 3 ' 13 L) (2 Fleet Surplus for November 21st Meeting MILEAGE/ REASON FOR ITEM -NUMBS YEAR DESCRIPTION SERIAL NUMBER HOURS SURPLUS 1 DISPOSAL 1 G0039 91 Buick Regal 2G4WB14T6M1859596 82,214 Front accident damage 2 G0206 87 Dodge Pass Van 2135WI331 W7HK287302 53272 Age/Condition 3 G0224 82 Chevrolet Fire Rescue Truck IGBHC34W8CV114804 UNK Age/Condition 4 G0266 84 Chev C30 Ambulance 1GBJC34W5EV133606 90238 Age/Condition 5 G0268 75 Chevrolet Ambulance CCZ335A140800 UNK Age/Condition 6 G0269 84 ChevAmbulance 1GBJC34WBEV132014 90,348 Age/Condition 7 G0273 87 Chevrolet Fire Rescue Truck IGBHR34N5HS160959 LINK Ago/Condition 8 G0427 94 Ford F250 Pickup 1FTEF25N4RNB62864 103,846 Condition 9 G0454 92 Ford F250 Pickup 1 FTHF25HONNA87690 100,834 AgelCondition 10 G0456 92 Ford F350 W/Utlllty Body 1 FDJF37HI NNA87901 97,101 Age/Condition 11 G0697 92 Ford F350 W1 Utility Body 1FDJF37H3NNA87902 102,524 Age/Condition 12 60743 87 Ford F350 Flatbed 1FDJF37H3HNA98497 90,262 Age/Condition 13 G0885 93 Crosley Trailer CTL614032PS004955 N/A Conditlon 14 G1046 91 Ford F250 W/ Utility Body 1FTHF25H8MNB00612 81,141 Age/Condition 15 G1153 94 Peterbilt 320 Rear Loader 1XPZL79X2RD707838 77,805 Age/Condition 16 G1154 94 Peterbilt 320 Rear Loader 1XPZL79X4RD707839 68,810 AgelCondition 17 G1155 94 Peterbiit 320 Rear Loader 1XPZL79XORD707840 75,614 AgelCondition 18 G1211 84 Case 480LL Loader 9864008 NIA Age/Condltion 19 G1258 87 Ford F250 WI Utility Body 1FTHF26HXHNBI2525 75,144 Age/Condition 20 G1259 87 Ford F250 WI Utility Body 1FTHF25HIHNS12526 55666 Age/Conditlon 21 G1405 94 Chev 3500 W/Utility Body 1GBJC34K4RE314330 108,150 Age/Conditlon 22 G1407 94 Chev 3500 Cab and Chassis 1 GBJC34K5RE307936 95,094 Front accident damage 23 G1536 95 Chev Suburban 2500 3GNGC26KOSGIO6044 106876 Age/Condition 24 G1663 1996 Yamaha 2 wheel scooter JYA3EKCOXTA036374 NIA Age/Condition 25 01684 1996 Yamaha 2 wheel scooter JYA3EKC07TA036400 NIA AgelConditlon .26 G1832 1997 Honda 2 wheel scooter JH2MF0204VK200606 NIA AgelConditlon 27 G0536 1991 Gravely 16G Tractor 638740 NIA Age/Condition 26 G0690 1991 Gravely 16G Tractor-In pieces 638743 NIA Bad Transaxle 29 G1862 1992 RF 300 Gal Spray Trailer 2 NIA Age/Condition 30 G2210 1999 Kawasaki 550 Mute JKIAFBC14YB5!4091 NIA Age/Condition 31 G2212 1999 Kawasaki 550 Mule JKIAFBC13YB514048 NIA Age/Condition 32 Utility Body w/ topper from 1994 114 ton Pickup NIA Age/Condition 33 1989 5.0L Ford Police angina w/ trans 65,000 Obsolete Spare Parts 34 Pallet of spacesaver spare tires Surplus - not required 35 Flail mower attachment for Excavator Obsolete Spare Parts 36 (5) Five 72" Tractor Boxbladas Obsolete Spare Parts 37 (2) Two 14" Backhoe Buckets Obsolete Spare Parts 38 (2) Two 21" Backhoe Buckets Obsolete Spare Parts 39 (2) 81" Loader Buckets Obsolete Spare Parts 40 (1) One 67" Loader Bucket Obsolete Spare Parts 41 1989 Bear Console Engine Analyzer wl Scope 1111-13306 Age/Condition 42 Pallot - 3 Aluminum Gullwing toolboxes Age/Condition 43 Pallet - 6 Redillne Gonorators and 2 white toolboxes Age/Condition 44 Pallet - 4 Streehawk Emergency Light Bars AgelCondition m (]-_ -? ? Clearwater City Commission Worksosslon Item #: --- Agenda Cover Menioranduni Final Agenda Item # 19. Meeting Date: 11/21/02 SUBJECT/RECOMMENDATION: Approve third amendment to Clearwater Airpark, Inc. lease, the Fixed Base Operator at Clearwater Airpark, and exercise the first five-year renewal option. X and that the a ro riate officlais be authofted to execute same. SUMMARY: The current Lease and Operating Agreement for Clearwater Airpark terminates on November 30, 2002. The Lessee, Clearwater Airpark, Inc., with the City's consent wishes to renew this Lease Agreement for the first of two (2) consecutive five (5) year lease periods. Comprehensive General Liability is modified to include Environmental Liability, with the City of Clearwater and Lessee named additional insured, at a cost not to exceed $7,500.00. The City of Clearwater is to be named as additional insured with respect to all coverage's except workers' compensation. Fixed Base Operator will be liable for any damage to the property caused by subsequent fuel spills. The Fixed Base Operator has agreed to pay all costs for the initial site remediation of the recent spill, initially estimated at $36,000 with unknown future monitoring costs. The Company that provided the remediation, Adams Tanks and Lift, has revised its estimate of the initial site remediation cost to be $26,000 and further stated that we did more than the state regulations require in cleaning up this spill by pumping the groundwater out twice. Their estimate of the extra measures we took in the interest of public'safety and to minimize future remediation costs from this spill was approximately $3,000. Every effort has been made to handle this incident quickly, effectively and go the extra mile to save the city and the Fixed Base Operator future expense and have proper liability coverage. Annual CPl increases will continue yearly on January 151 for all rent and fee payments. The monthly rent is $13,311.00 plus tax. The City will receive 75% percent of all future building rental revenues. The City receives six cents ($.06) per gallon for all fuel dispensed at the Airpark, this will increase to eight cents ($.08) per gallon effective December 1, 2002. The Third Amendment to Lease Agreement, including the Clearwater Airpark Planned Maintenance Program, is available for review in the Official Records and Legislative Services Department. Rev. 1 Reviewed b ? Originating Dept.: Costs Legal OIt.! Into Srvc NIA Marine & Aviation Total NIA Budget Public Works A l ? User Dept.: Funding Source: Purchasing A DCWACM t Marine & Aviation Current FY Cl Risk Mgmt 2,4.,- Finance Attachments OP Other Submitted by: ..,s . ?? City Manager, None Appropriation Code: Printed on rocvciod saner s r THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT is made and entered into this day of , 2002, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Lessor" and CLEARWATER AIRPARK, INC., hereinafter referred to as "Lessee": WHEREAS, Lessor and Lessee agree to this 'T'hird Amendment to Lease Agreement pursuant to the terms described herein. . WHEREAS, Lessor and Lessee entered into a Lease and Operating Agreement for Clearwater Airpark on November 26, 1997 continuing through November 30, 2002; and . WHEREAS, Lessee, with Lessor's consent, wishes to renew this Lease Agreement for the first (1) five (5) year lease option period on December 1, 2002 through November 30, 2007; and WFIEREAS, Lessor consents to said renewal subject to the terms described herein. NOW THEREFORE, and in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as follows: 1. Article III.A. 8 of the Lease Agreement shall be amended as follows: Master Plan - Shall mean the master plan as adopted by the City Commission on October 5, 2000, and any subsequent amendments approved by the Lessor's City Commission, and the scaled dimensional layout of the entire Airpark, indicating current and proposed usage for each identifiable segment as approved by the Lessor and the State of Florida. 2. Article III.C.5 of the Lease Agreement shall be added as follows: Hours of Operation - Aircraft shall be permitted to operate from Clearwater Airpark between 7:00' am and 9:00 pm for landings and 7:00" am to one hour after official sunset for takeoffs. The Airpark shall be closed to takeoffs and landings at all other times except when authorized in writing by. the City Manager or designated representative. '6:00 am for traffic reporting aircraft with permission of airpark manager. Emergency "on call" service will be provided during off duty hours by Lessee. Article III.C.6 of the Lease Agreement shall be added as follows: Insurance Coverage - Lessee shall obtain and maintain continuously in effect at all times during the term of the Agreement, at Lessee's sole expense, insurance with total limits in an amount not less than $1 mullion Combined Single Limit, or equivalent, to include broad form contractual liability and the following coverage (copies of all insurance policies shall be'on file with the City):. Comprehensive General Liability $1,000,000.00 - Bodily injury and Property Damage - Environmental liability, with the City of Clearwater and Lessee named additional insured, at a cost not to exceed $7,500.00. FBO will be liable for any damage to the property caused by subsequent fuel spills. Product Liability $1,000,000.00 - Bodily injuryand Property Damage THIRD AMENDMENT TO AIRPARK LEASE AGREEMENT 3. Article V.A.. of the Lease Agreement shall be added as follows; Rent and Fees - In consideration of the rights and privileges granted by this Agreement, Lessee agrees to pay Lessor during the term of this agreement rent of thirteen thousand three hundred eleven dollars ($13,311.00) per month, for Airpark and hangar rental, plus eight cents ($.08) per gallon for all fuel dispensed at the Airpark. Lessee agrees to pay Lessor sales tax on all Rent and Fee payments. All future revenue generating building rentals will increase Lessee' monthly rent 75% back to the City and 25% for Fixed Base Operator. Article V.B. of the Lease Agreement shall be added as follows: Payments - All rent and fee payments shall be paid monthly in advance on the tenth (10) day of each month during the term of this Agreement. Lessee agrees to pay the pro rata share of any partial month during the beginning or end of this agreement. Lessor shall determine and assess a CPI increase yearly on January 1A' for all rent and fee payments. Article V.D. of the Lease Agreement shall be added as follows: Place of Payment - All payments due Lessor from Lessee shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Blvd., Clearwater, Florida 33767. 4. Article VIII of the Lease Agreement shall be added as follows: ... Further, Lessee does hereby covenant and agree to indemnify, hold harmless, and defend Lessor, its officers, agents, and employees, from and against any and all loss, liability and damages arising out of or in any manner related to any breach by Lessee, its agents, . employees, invitees, licensees, contractors, subcontractors, tenants, or subtenants, whether approved or unapproved, of any of the terms, conditions, or other provisions of this Agreement, and name the City of Clearwater as additional insured with respect to all coverage's except workers' compensation. 5. Article XV.A. of the Lease Agreement shall be added as follows: The point of contact for all matters related to the Lease Agreement and all other conditions, activities and events relating to the Airpark shall be the Lessor's Marine & Aviation Department Staff Liaison or as otherwise designated by the Lessor's City Manager. 6. All of the terms and conditions of the Lease Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Lease Agreement, including the new Exhibit E attached. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Horne, II City Manager Approved as to f . %i Attest: ?Y I 20 ry . Ru Cynthia E. Goudeau Assistant City Attorney City Clerk THIRD AMENDMENT TO AWARK LEASE AGREEMENT i CLEARWATER AM ARK PLANNED MAINTENANCE PROGRAM Item Frequency Responsibility Cut Grass in Normal Areas See Page 2 FBO Cut Grass in Special Areas As Needed City Kee Fence Line Trimmed See Page 2 FBO Tree Trimming As Needed City Taxiway Pavement As Needed city Runway Pavement As Needed City Shrubbe As Needed FBO Signs. As Needed FSO CAP Building As Needed CAP Storm Sewer System Annually City Storm Retention System Annually City Parking Lot Pavement As Needed Ci Runway Pavement Markings As Needed City Drainage Swales Annually City Fire Extinguishers Annually FBO HVAC Annually FBO Plumbing As Needed City Flight Operations Building Painting (interior) 5 Years FBO Flight Operations Building Painting (exterior) 7 Years Ci Carpet/Floor Cleaning Semi-annually FBO New T-Hangar Drainage sums Annually Ci Hard Stand Replacement/Re air As Needed city Sprinkler System/Pump Maintenance As Needed City Electrical Exterior As Needed City T-Hangar Electrical As Needed City T-Hangar Lighting Exterior As Needed City T-Hangar Lighting Interior As Needed Tennant Shade Hangar Lighting As Needed City Shade Hangar Electrical As Needed city Runway Lights As Needed FBO Exterior Lights As Needed City T-Hangar Door Lubrication As Needed city Perimeter Security Fencing As Needed City Automatic Gates Semi- Annually city T-Hangar Painting As Needed city Shade Hangar Painting As Needed City FBO Building Interior As Needed FSO FBO Building Exterior As Needed City Maintenance Hangar Interior As Needed FBO Maintenance Hangar Exterior As Needed City Fuel System Above Ground As Needed FBO' F. Bpi Svstem Below Ground As Needed City THIRD AMENDMENT TO AWARK LEASE AGREEMENT N Q ?- _ .? Clearwater City Commission Work session item #: ° t.U ?- ??: ?. Agenda Cover Memorandum Final Agenda Item # Meeting Date: _11/21102 SUBJECTIRECOMMENDATION: Approve the three Consent Order Agreements with the Florida Department of Environmental Protection (FDEP) totaling up to a maximum of $97,500 in penalties only or $26,400 in penalties and $106,650 for in-kind projects for a maximum of $133,050, which provide for corrective actions to return to compliance at the City's three wastewater treatment plants, ?X and that the appropriate officials be authorized to execute same. SUMMARY: Since receiving new operating permits for the City's three advanced wastewater treatment plants in August 2000, the City has had issues meeting new regulatory requirements for copper, trihalomethanes (THMs) and toxicity. The City also had prior issues with fecal coliform bacteria in the wastewater effluent. In May 2001, City staff met with FDEP to discuss the issues seeking higher interim limits while solutions are sought via the City's plan of action. FDEP concurred with this approach but indicated the only vehicle available is a Consent Order. The Consent Orders address higher interim limits for a time certain but also assess penalties for non-compliance. ¦ To control fecal coliform bacteria, disinfectant levels were increased as well as improvement in plant processes that resulted in compliance since July 2001. ¦ City operational staff has made significant progress with copper through plant process improvements, meeting existing permit limits since November 2001. Additional methods to reduce copper levels are still being sought. ¦ For THM control, staff is conducting pilot studies using chlorine dioxide. The first study at Marshall Street Plant, Initiated in April 2001, was successful in reducing THMs but caused adverse toxicity results. A second pilot study was initiated in June 2002 using different chemicals and methods to reduce toxicity from chlorine dioxide byproducts. Mixing zones may also be a solution as well as disinfection by alternative means (Ultraviolet Light being the most likely). ¦ Toxicity issues are being addressed by improving plant procedures, lab practices and wastewater process improvements. The East/Northeast toxicity issue may also be resolved through approval of a mixing zone in Tampa Bay. If toxicity is not resolved by December 31, 2003, the City will be required to conduct extensive tests to determine the source of the toxicity. ¦ Staff Is working on obtaining mixing zones for Marshall St. and East/Northeast Plant discharges. These permit modifications will Include the ambient attect of mixing tor c Reviewed by: originating Dept; ),,) Legal Info Srvc N/A Public Utilities (Andy Noff) Budget Purchasing N A r Risk Mgmt N/A Public Works DCMIACM Other A User Dopt. Attachments r, I Fills ana toxicity. Costs: Total $133,050 Funding Source: Current FY $133,050 CI $106,650 OP $ 26,400 Other Submitted by: Appropriation Code: City Manager None 421.01351-543800-535-000 $ 97,500 or s 421.01351.543800.535.000 $ 26,400 315-96XXX-xxxxx-xxx-000 $ 106,650 Printed on recycled Paver WPC-DEP Consent Orders - 3 Plants-71.21-02.doe ' i ¦ Under these Orders, the three plants must be in compliance by December 31, 2004. ¦ Penalties assessed= under these Orders total' $97,500. Partial payment of these penalties can be accomplished through in-kind projects that Improve the environment. However, in kind projects are valued at 1.5 times the penalty amount and some penalties are' still required by FDEP. If the City pursues an in- kind project, then the value of the project would equate to $906,650 and penalties would amount to ' $26,400 totaling $133,050. ¦ Transfer of savings from within the Water & Sewer Utility Fund operating cost center budgets will be used to fund up to the maximum of $133,050 for an in-kind project and penalties to be paid through operations. i ¦ Wan in-kind capital project is selected, sufficient* budget and Sewer Revenue are available in the Capital i Improvement Program project Facilities Upgrade and Improveirents (315-96654) for a first quarter or mid- year transfer to establish a project to fund the "in-kind" project. I r ¦ Copies of the consent order agreements are available for review in the Public Records and Legislative, E Services office. "ne "K 2. BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, COMPLAINANT, VS. CITY OF CLEARWATER, RESPONDENT. IN THE OFFICE OF THE SOUTHWEST DISTRICT OGC FILE No. 01-1565 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department") and the City of Clearwater ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent neither admits nor denies the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes, and the rules promulgated thereunder, Title 62, Florida Administrative Code ("F.A.C."). The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 403,031(5), Florida Statutes. 3. Respondent is the owner and is responsible for the operation of the Clearwater Marshall Street Advanced Wastewater Treatment Plant, a 10.00 MGD wastewater treatment facility with reclaimed water sent to the Clearwater Master Reuse System ("R001") and dechlorinated effluent discharged to Stevenson Creek ("DOO1"), collectively known as "Facility". The Facility is located at 1605 Harbor Drive, Clearwater, Pinellas County, Florida, 33755. Respondent operates the Facility under Department Permit No. FL0021857, which expires June 1, 2005 ("Permit"), 4. Stevenson Creek, as a tributary to Clearwater Harbor, is classified as a Class Ill marine water body, an Outstanding Florida Water and an Aquatic Preserve in Rule 62-302, F.A.C. Discharges of domestic wastewater to Stevenson Creek, and subsequently Clearwater Harbor, are governed by Section 403.086, Florida Statutes. CLF..Ipir=R MARSHALL SrRWAWWTP 5. In a Department letter, dated May 3, 2001, Respondent was notified of alleged violations of Chapter 403, Florida Statutes, and the rules promulgated thereunder. The Department made the following findings: (a) A review of the chronic toxicity results, submitted since June 2000, indicate that the effluent was chronically toxic to P. promelas in the first bioassay and chronically toxic to C. dubia in the fifth, sixth, 11th and 13th bioassays. (b) A review of the Discharge Monitoring Reports ("DMRs") indicates that the effluent Permit limit for Copper single sample maximum, for D001, was exceeded August, 2000, June, July and August, 2001. (c) A review of the DMRs indicates that the effluent Permit limit for the fecal coliform 75th percentile non-detectable requirement, for D001, was exceeded July and October, 2000, April and June, 2001. (d) A review of the DMRs indicates that the effluent Permit limit for the fecal coliform 75th percentile non-detectable requirement, for R001, was exceeded July and October, 2000. These findings by the Department constitute violations of Chapter 403, Florida Statutes, and Rules 62- 302.530, 62-600.440(5) and 62-610.460(1), Florida Administrative Code. 6. Having reached a resolution of the matter, the Department and Respondent mutually agree and it is ORDERED: 7. Respondent has initiated a pilot project using chlorine dioxide, in place of gaseous chlorine for disinfection, to reduce the formation of tri-halomethanes. Respondent has retained the services of a Florida professional engineer for the purpose of evaluating the Facility, including process controls and Respondent's potable water supplies, to determine the cause or causes of the noncompliance, to identify the activities necessary to accomplish full and consistent compliance with all applicable rules of the Department and to evaluate the results of the pilot project ("Evaluation"). Within 180 days after the effective date of this Consent Order, Respondent shall submit the Evaluation to the Department. Should the results of the Evaluation suggest that a permit to modify the Facility will be required, then subparagraphs 7(a) through (c) shall be followed. Should the results of the Evaluation suggest that only process control changes will be required, then subparagraphs 7(d) through (i) shall be followed. (a) Within 270 days after the effective date of this Consent Order, Respondent shall submit an application to the Department for a wastewater permit revision to construct the modifications determined by the Evaluation to resolve the alleged violations outlined in paragraph 5 of this Consent Order. The Department shall make a permit or revision decision in accordance with departmental rules. OGCFILENo. 01-1565 PAGE 2 0 U CLEARWATER MARSHALL STREET A I VIVTP Y (b) Respondent shall provide all requested information in writing within 30 days after receipt of such a request in the event the Department requires additional information in order to process the wastewater permit application. (c) Within 180 days after issuance of the permit revision, Respondent shall complete the construction and shall submit an engineer's certification of completion stating that the construction of modifications to'the Facility or potable water supplies have been constructed in accordance with the provisions of the wastewater permit revision, referenced in subparagraph 7(a). (d) Within 210 days after the effective date of this Consent Order, Respondent shall submit to the Department an operating process control protocol ("Control Protocol") intended to provide the operators of the Facility with a prescriptive guideline on the treatment process, process control sampling and preemptive corrective actions needed to properly maintain the Facility and to resolve the alleged violations outlined in paragraph 5-of this Consent Order. (e) Within 240 days after the effective date of this Consent Order, Respondent shall implement the Control Protocol. (f) Within 360 days after the effective date of this Consent Order, Respondent shall sebmit a detailed report of the first 90 days of performance of the Facility as operated under the Control Protocol. Based on the results of this report, if it appears that the Control Protocol is insufficient to redress the alleged violations outlined in paragraph 5 of this Consent Order, then Respondent shall comply with the requirements of subparagraphs 7(a) through (c). 8. Respondent shall either reduce or eliminate Copper through reduction of the sources of Copper or by treatment so that the Facility's effluent is in compliance with the water quality standards for Copper as defined in Section 62-302.530, F.A.C., by December 31, 2004. Respondent shall take whatever corrective actions are necessary to accomplish the reduction or elimination of Copper in the Facility's effluent. However, if a permit revision or additional Department permit is required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. The Department shall make a permit or revision decision in accordance with departmental rules. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information so as to be in compliance with the water quality standards for Copper by December 31, 2004. 9. During the pendency of this Consent Order, the Facility's effluent discharged to Stevenson Creek shall not -contain more than 13.0 pg/L Copper on a single sample maximum basis. This interim limit shall become effective upon the first day of the month following the effective date of this Consent Order and remain in effect until December 31, 2004. A copy of the Discharge Monitoring Report ("DW ), DEP Form OGCF& No.OJ-IS6S PAGE 3 of 14 CLEAR 1446 MARSHALL STREE rA1f'FfV7'P 62-620.910(10), to be used for reporting this interim limit value is incorporated herein and attached as Exhibit 1. Sampling, analysis and reporting of Copper shall be in accordance with the Permit. This interim limit does not act as a State of Florida Department of Environmental Protection wastewater permit effluent limitation or modified permit limitation, nor does it authorize or otherwise justify violation, nor form the basis of a violation of the Florida Air and Water Pollution Control Act, Part 1, Chapter 403, Florida Statutes, or rules adopted thereunder, during the pendency of this Consent Order. 10. Respondent shall reduce Dibromo-chloromethane through reduction of the sources of Dibromo-chloromethane or by treatment so that the Facility's effluent is in compliance with the water quality standards for Dibromo-chloromethane as defined in Rule 62-302, F.A.C., by December 31, 2004. Respondent shall take whatever corrective actions arc necessary to accomplish the reduction of Dibromo- chloromethane in the Facility's effluent. However, if a permit revision or additional Department permit is required for the corrective'actions, Respondent must obtain the permit revision or Department permit prior to placing the modifications into operation. The Department shall make a permit or revision decision in accordance with departmental rules. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information so as to be in compliance with the water quality standards for Dibromo-chloromethane by December 31, 2004. 11. During the pendency of this Consent Order, the Facility's effluent discharged to Stevenson Creek shall not contain more than 68.0 pg/L of Dibromo-chloromethane on an annual average basis. The interim limit of 68.0 pg/L shall become effective upon the first day of the month following the effective date of this Consent Order and remain in effect until December 31, 2004. A copy of the DMR to be used for reporting the interim limit values is incorporated herein and attached as Exhibit 1. Sampling, analysis and reporting ofDibromo-chloromethane shall be in accordance with the permit, except that results obtained prior to the effective date of the interim limit shall not be used to calculate the annual average values. These interim limits do not act as State of Florida Department of Environmental Protection wastewater permit effluent limitations or modified permit limitations, nor do they authorize or otherwise justify violation, nor form the basis for a violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, Florida Statutes, or rules adopted thereunder, during the pendency of this Consent Order. 12. Respondent shall reduce Bromo-dichloromethane through reduction of the sources of Bromo-dichloromethane or by treatment so that the Facility's effluent is in compliance with the water quality standards for Bromo-dichloromethane as defined in Chapter 62-302, F.A.C., by December 31, 2004. Respondent shall take whatever corrective actions are necessary to accomplish the reduction of Bromo- dichloromethane in the Facility's effluent. However, if a permit revision or additional Department permit is required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to OGC FILE NO. 01-1363 PAGE 4 OF 14 QSARIVA TER MARMIAU STREET AWIVTP L placing the-modifications into operation. The Department shall make a permit or revision'decision in accordance with departmental rules. Respondent must govern its actions through submittal of appropriate information, applications, pertinent data, and responses to Department requests for additional information so as to be in compliance with the water quality standards for Bromo-dichloromethane by December 31, 2004. 13. During the pendency of this Consent Order, the Facility's effluent discharged to Stevenson Creek shall not contain more than 44.0 µg/L of Bromo-dichloromethane on an annual average basis. The interim limit of 44.0 µg/L shall become effective upon the first day of the month following the effective date of this Consent Order and remain in effect until December 31, 2004. A copy of the DMR to be used for reporting the interim limit values is incorporated herein and attached as Exhibit 1. Sampling, analysis and reporting of Bromo-dichloromethane shall be in accordance with the permit, except that results obtained prior to the effective date of the interim limit shall not be used to calculate the annual average values. These interim limits do not act as State of Florida Department of Environmental Protection wastewater permit effluent limitations or modified permit limitations, nor do they authorize or otherwise justify violation, nor form the basis for violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, Florida Statutes, during the pendency of this Consent Order. 14. Analyses shall be reported once each month on the DMR. The DMRs shall be mailed or hand delivered to the Department of Environmental Protection once each month and must be received by the Department no later than the 28th day following the end of the reporting period (e.g., the August report would be due not later than September 28th). In addition to submitting the DMRs to the Department in accordance with the permit, during the pendency of this Consent Order, Respondent shall submit copies of the DMRs to the Southwest District of the Department, pursuant to paragraph 26 of this Consent Order. 15. Respondent may apply to the Department for a mixing zone, in accordance with Rule 62- 4.244, F.A.C., for Copper, Bromo-dichloromethane, Dibromo-chloromethane and chronic toxicity for the effluent discharged into Stevenson Creek. Respondent must have a Comprehensive Quality Assurance Plan for sampling and laboratory analysis approved and a Plan of Study approved by the Department for this activity. Should a mixing zone be granted by the Department by March 31, 2004, Respondent shall not be required to comply with paragraphs 8 and 16 of this Consent Order. The Department shall make a decision on a request for a mixing zone in accordance with departmental rules. Should a mixing zone be approved, Respondent shall apply to the Department for a revision of the permit to include the new conditions and limitations of the mixing zone. The conditions and limitations of the mixing zone, as incorporated into the permit, shall be enforceable under the terms and conditions of this Consent Order during the pendency of this Consent Order. OGC F1L£ No. 01-1565 PAGES OF 14 CL£.1RiYAT£R bfA swit SmErA{f WTP 16. Respondent shall eliminate the chronic toxicity either through the reduction of the source of toxicity or by treatment, or by 'othcr means, so that the Facility's effluent is in compliance with the water quality standards for chronic toxicity, as defined in Rule 62-302, F.A.C., by December 31, 2004, unless another deadline is established by the Department. However, Respondent shall immediately comply with the following test rciluirements, with the option of conducting a Toxicity Identification Evaluation and a Toxicity Reduction Evaluation ("TIE/TRE") as described in subparagraph 16(b) and foregoing subparagraph 16(a): (a) Beginning with the effective date of this Consent Order, Respondent shall conduct a multi- concentration chronic toxicity test each month there is a discharge to surface waters ("accelerated tests"). The accelerated tests shall be conducted in accordance with the methodology described in the Permit for a multi-concentration test. A copy of the DMR to be used for reporting the interim accelerated testing is incorporated herein and attached as Exhibit 1. No test shall be required for any month there is no discharge to Stevenson Creek. No follow-up tests shall be required for the accelerated tests. Should there be no more than one failure in any twelve consecutive accelerated tests, the effluent will be deemed in compliance with the toxicity standards and the sampling regime shall revert to the Permit requirements for chronic toxicity testing. An invalid test (as determined by the Department or where mortality of the control exceeds 20%) shall not be counted as a toxicity failure. (b) If, at any time after December 31, 2003, the Facility's effluent has more than one failure in any twelve consecutive accelerated tests, Respondent shall conduct a Toxicity Identification Evaluation and a Toxicity Reduction Evaluation ("TIE/TRE"). To that end, within 60 days of completion of the second test demonstrating toxicity, Respondent shall submit to the Department a plan of study ("TIE/TRE Plan") to attain compliance with the chronic toxicity limits. This TIE/IRE plan and schedule shall be consistent with the procedures and protocols in Methods forAquatic Toxicity Identification Evaluation -- Phase I Toxicity Characterization Procedures (EPA/600/6-911003), Methods for Aquatic Toxicity Identification Evaluation -- Phase 1I Toxicity Identification Procedures (EPA/600/3-88/035), Methods forAquatic Toxicity Identification Evaluation - Phase III Toxicity Confirmation Procedures (EPA/600/3-88/036) and Toxicity Reduction Evaluation Guidance For Municipal Wastewater Treatment Plants (EPA 833-B-99-002). The latest published guidance from the Environmental Protection Agency, accepted by the Department, shall be used whenever possible. If there is a conflict between the most recent and older document or guidance, the most recent document or guidance will be used as the basis for TIEITRE implementation and determination of appropriate test conditions and range of the TIEYIRE. The TIE=- Plan shall be implemented as soon as practical. The TIE/TRE shall be completed no later than one year from the date of submittal of the TIE/TRE Plan. aGC FAR No. 01-1565 PACE 6 OF 14 . CLEARI pArER MARSHALL STREETAiVWTP (c) The TIMME shall be completed and compliance with the chronic toxicity limit shall be attained within one year from the date of submittal of the TIE-f RE as required in subparagraph 16(b). (d) Should Respondent receive a mixing zone for chronic toxicity prior to December 31, 2004, pursuant to paragraph 15 of this Consent Order, the requirements of subparagraphs 16(a), (b) and (c) shall not apply. (e) In the event that a revision to the permit with a mixing zone is not issued and the effluent from the Facility still demonstrates chronic toxicity after completion of the TIUM, then within 90 days after failing the second chronic toxicity test after completion of the TIUM, Respondent shall do one of the following: i) submit an application to the Department to modify the Facility so that either the effluent will meet the chronic toxicity limits imposed by Rule 62-302, F.A.C.; ii) eliminate the discharge of effluent from the Facility to surface waters, or; iii) submit a request to the Department for other administrative relief. Any modification to the Facility shall be constructed, certified complete and put into service within one year of issuance of a Permit modification by the Department. Respondent shall ensure that any request for administrative relief proceeds in a timely fashion. Requests for additional information made by the Department shall be answered within 60 days of the request. 17. In any event, the Facility's effluent discharge to Stevenson Creek shall be in compliance with the permit limits for Copper, Dibromo-chloromethane, Bromo-dichloromethane and toxicity surface water quality standards by December 31, 2004. 18. On or before June 1, and December 1, of each year this Consent Order is in effect, Respondent shall submit to the Department a written report containing information concerning the status and progress of projects being completed under this Consent Order, information as to compliance or noncompliance with the applicable requirements of this Consent Order including construction requirements and effluent limitations, and any reasons for noncompliance. Such reports shall also include "a projection of the work to be performed pursuant to this Consent Order during the subsequent six-month period. 19. In the event of a sale or conveyance of the Facility or of the property upon which the Facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or Facility, (1) notify the Department of such sale or conveyance, (2) provide the name and address of the purchaser, or operator, or person in control of the Facility, and (3) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the Facility, or the property upon which the Facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 20. Within 90 days of the effective date of this Consent Order, Respondent shall either comply with paragraph 21 of this Consent Order or pay the Department $29,750.00 in settlement of the matters ocC FIIBNa 01.1565 PAGE 7 or 14 CUO MATER MARSIMU STREET A)V;rTP addressed in this Consent Order. This amount includes $27,750.00 in civil penalties'for violations of Section 403.161, Florida Statutes, and of the Department's rules and $2,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Civil penalties are apportioned as follows: $26,250.00 for violation of Rule 62-302.530, Florida Administrative Code and $1,500.00 for violation of Rules 62-600:440(5) and 62-610.460(l), Florida Administrative Code. Should Respondent choose to pursue paragraph 21 of this Consent Order, then within 90 days of the effective date of this Consent Order, Respondent shall pay to the Department $8,400.00. This amount includes $6,400.00 in civil penalties for alleged violations of Section 403.161, Florida Statutes, and of the Department's rules and $2,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". 21. In lieu of making cash payment of the civil penalties set forth in paragraph 20, Respondent may implement an in-kind penalty project with a value of up to $21,350.00 of the civil penalty amount. The total value of the in-kind penalty project shall be at least one and one half times the civil penalty, which in this case is the equivalent of at least $32,025.00. To this end, Respondent shall: (a) Within 120 days of the effective date of this Consent Order, submit to the Department a proposal for consideration as an in-kind project. The project must be approved by the Department to qualify as an in-kind project. If the in-kind project is not approved by the Department, Respondent shall make payment of the civil penalties as set forth in paragraph 20, within 45 days of written notice from the Department; (b) Complete the project within 720 days from Department approval of the project; (c) Provide the Department with status reports in conjunction with the report required in paragraph 17 of this Consent Order, documenting the progress being made on the implementation of the project; (d) Place appropriate signs during the implementation of the project indicating that Respondent's involvement with the project is the result of a Department enforcement action. Respondent may remove the signs after the project has been completed. However, after the project has been completed Respondent shall not post any signs at the site indicating that the reason for the project was anything other than a Department enforcement action. If a specific project does not involve a physical site, then other similar type of public notification shall be required; OGG FILE No. 01.1563 PAGE 8 OF 1 * CLEARWATER AIARSUALL STREET A IYWTP (e) Forfeit the ability to pursue an in-kind penalty project, including any money spent on any completed project, if Respondent fails to timely submit any requested information or documentation required by this Consent Order to the Department, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph. The unencumbered balance of the civil penalty, as set forth in paragraph 20, shall be due from Respondent to the Department within 45 days of notice; (f) Notify the Department within 30 days of completing the project, of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. If the actual costs incurred in completing the project are less than $32,025.00, Respondent shall remit payment of two-thirds of the difference to the Department within 45 days of the project completion; (g) If upon review of the notification of completion, the Department determines that the project cannot be accepted due to substantial deviation from the approved project, Respondent shall be notified in writing and given a reasonable and mutually agreed upon opportunity to correct any deficiencies. Otherwise, the Department shall provide a letter to Respondent acknowledging completion of the project. 22. Respondent agrees to pay the Department stipulated penalties in the amount of $300.00 per day for each and every day Respondent fails to meet Permit-imposed effluent limitations (except for Copper and Bromo-dichloromethane) or timely comply with any of the requirements of paragraphs 7, 14 through 18, 20, 21, and 24 of this Consent Order. Respondent also agrees to pay the Department stipulated penalties in the amount of $3,000.00 per month for each and every month the Respondent fails to meet the interim or final limits for Copper or Bromo-dichloromethane for the effluent discharged to Clearwater Harbor or fails to timely comply with any of the requirements in paragraphs 8 through 13 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to the "Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8318. The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraph 20 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from OGC FILE No. 01-1565 PAGE 9 of 14 CLEAR iYA TER AlARsHALL Sn tmrA MYTP seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 23. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the'notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 24. Respondent shall publish the following notice in a newspaper of daily circulation in Pinellas County, Florida. The notice shall be published one time only within 30 days after the effective date of the Consent Order by the Department. A copy of the notice shall be provided by Respondent to the Department within 20 days of publication. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection gives notice of agency action of entering into a Consent Order with the City of Clearwater pursuant to Section 120.57(4), Florida Statutes. The Consent Order addresses alleged exceedances of water quality standards in the effluent discharged to Stevenson Creek from the Clearwater Marshall Street Advanced Wastewater Treatment Plant located at 1605 Harbor Drive, Clearwater, Florida. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Southwest District, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8318. OGC FILE No. 01-1565 PAGE 10 of 14 CLEARFVATER AMILVIALL STAEETAWI M Persons whose substantial interests are affected by this Consent Order have a right to petition for an administrative hearing on the Consent Order. The Petition must contain the information set forth below and must be fled (received) in the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to fle a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's identification number for the Consent Order and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28- 106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #f35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; OCCFILENO. 01-1565 PAGE 11 OF 14 CLEARBATER AlAR511ALL SrREErA;V1VTP (f) The name of each party's representative who shall have authority to settle or recommend settlement; (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference; and (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.5 7, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within. 21 days of receipt of-this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 25. Respondent shall allow all authorized representatives of the Department access to the property and Facility at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 26. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, Domestic Wastewater Section, attention: Thomas Gucciardo, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8318. 27. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities, which may arise under Florida law, nor is it a settlement of any violation, which may be prosecuted criminally or civilly under federal law. 28. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 29. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes, 30. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations through the date of the filing of this Consent Order as addressed in this Consent Order. CGC Fits No. 01-1565 PAGE 12 of 14 CLEARWATER MARSHALL SIREV.411' UP 31. Respondent is' fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 32. Entry of this Consent Order does not relieve Respondent or Department of the need to comply with applicable federal, state or local laws, regulations or ordinances. 33. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 34. Respondent acknowledges and waives its right to an administrative hearing afforded by Sections 120:569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order. 35. This Consent Order is a final order of the Department pursuant to Section 120.52{7}, Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. 3 ' DATE S DATE. ATTESTED TO BY THE CITY CLERK CITY OF CLEARWATER OGC FILE No. 01-1565 PACs 13 of 14 FOR RESPONDENT: WILLIAM B. HORNE II, CITY MANAGER CITY OF CLEARWATER BRIAN J. AUNGST, MAYOR-COMMISSIONER CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER, FL. 33758-4748 ?y L A '44 10 APPROVED AS TO F BY PAM AKIN, CITY ATTORNEY CLVRJV.4TE9 MARSHALL SrRSErA IVI MP DONE AND ORDERED THIS " DAY OF., , 2002, IN TAMPA, FLORIDA. E STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DEBORAH A. GETZOFF ' DIRECTOR OF DISTRICT MANAGEMENT SOUTHWEST DISTRICT # 3804 COCONUT PALM DRIVE ' ° TAMPA, FL 33619-8318 FILING AND ACKNOWLEDGEMENT FILED, ON THIS DATE, PURSUANT TO §120.52 FLORIDA STATUTE% WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. DATE CLERK Attachment: Exhibit 1, Interim Disebarge Monitoring Report' r Copies furnisbed to: ' Kathy Carter, FDEP OGC Steven Kelly, FDEP WRM lye = FILE N0. 01-1565 PAGE 14 OF 14 CLEARWATEA MARSMfLL STRESTAWWTP H O F 0 Gzl GJ z w 0 O A cry u? ?C° aid a$ . + ps o x pp ?6:Z xapp ei ? 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A `? 0 0 o d d L.8 rit s rs a DAILY SAMPLE RESUL'T'S - PART B Facility ID: (Page 1 of 2) Threc-month Average Daily Flow: Month/Year: Daily Flow % of Permitted Capacity: It Flow Flow (mgd) (mgd) D001 Plant CDODs (mgQ TSS (mg/l.) Nitrogen as N (mg/L) phosphor- ous, as P (mg1Q 'I'RC (mg/L) Disinfect. TSS (mg/L) Disinfect. TRC Fecal (mg1L) Colfrorm De•Chlor. (N/100m1) pH Min (std units) pH Max (std units) PARM 50050 50050 60082 D0530 00600 00665 50060 00330 50060 31616 00400 OD400 Mon. Site FLOW-2 FLOW-1 36659 36658 EFD 14534 EFD 14534 EFD 14534 EFD 14534 EFA 36655 EFD 36656 EFD EFD 14534 14534 EFD 14534 EFD 14534 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. 30 31 PLANT STAFFING: Day Shift Operator Class: Certificate Name: Evening Shift Operator Class: Certificate Name: Night Shift Operator Class: Certificate Name; Lead Operator Class: Certificate Name: Type of Effluent Disposal or Reclaimed Limited Wet Weather Discharge Activated: Yes: No: Not Applicable: Attach additional sheets if necessary to list all certified operators. DUP Farm 62.620.9t000h Fdru6vf Norember 29, 1992 If yes, cumulative days of wet weather -8- DAILY SAMPLE RESULTS - PART B t Facility ID. .w..]ELD021852 1201 _ (Page 2 of 2) Three-month Average Dally Flow- Month/Year: Daffy Flow ;r; or Permitted Capacity: Dissolved Oxygen (n?8fL) Dichloro- bromo- methane (pg1L) Chloro- dibromo- methane Pg/L) Copper, Total Recoverable Ng'L) Lead, Total Recoverable P1i/L) Silver, Tot21 Recoverable ItFIL) Iron, Zinc, Total Total Recuverable Recoverable Vg'L) ug'L) CBODs (mg/L) Influent TSS (mt/L) Influent FARM 00300 32101 32105 01119 01114 01079 00980 01094 80082 00530 Mon. Site EFD 14534 EFD 14534 EFD 14534 EFD 14534 EFD 14534 EFD 14534 EFD EFD 14534 14534 INF 36657 INF 36657 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PLANT STAFFING: Day Shift Operator Class: Certificate Name: Evening Shift Operator Class: Certificate Name: Night Shift Operator Class: Certificate Name: Lead Operator Class: Certificate Name: Type of Effluent Disposal or Reclaimed Limited Wet Weather Discharge Activated: Yes: No: Not Applicable: Attach additional sheets if necessary to list all certified operators. DUP Form 62.620,91000), Effective November 29, 1 99 If yes, cumulative days of wet weather .9- DAILY SAMPLE RESULTS - PART B Facility ID: I,1,00211;57 _ R001 Three-month Average Daily Flow: MonthlYear: Dally Flow % of Permitted Capacity: Flow (mgd) Flow (mgd) (Plant) (Rouse) CDODs (mg/L) TSS (mg/L) Fecal Coliform 13aCteri3 (#1100 mL) pit Max (std units) pll Min (std units) TRC (for disinfect.) (mg/L) Turbidity (NTU) C130D, (mg/L) Influent TSS (mg/L) Influent FARM 50050 50050 80082 00530 31616 00400 00400 50060 82078 80082 00530 Mon. Site FLOW-1 36658 FLOW-3 36660 EFA 36655 EFU 36656 EFA 36655 EFA 36655 EFA 36655 13- FA 36655 EFB 36656 INF 36657 INF 36657 I 2 3 4 5 6 7 8 9 10 ll ' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PLANT STAFFING: Day Shift Operator Class: Certificate Name: Evening Shift Operator Class: Certificate Name: Night Shift Operator Class: Certificate Name: Lead Operator Class: Certificate Name: osal or Reclaimed f Effluent Dis T p ype o Limited Wet Weather Discharge Activated: Yes: No. Not Applicable; If yes, cumulative days of wet weather Attach additional sheets if necessary to list all certified operators. DV Form 62.620.910(10), Effr Aive November 19, 1994 -t0• f a a d A b? 0, U ?• U w N 0 0 u s? q 'A ° Q .Q ?II ?U raw s A a a p ° w A 0 x a n M 3 p b ropy U 0 ?o n s 4 u v z O a ? i9 9 u ? G 0 •a ` N ? 1.. u ? ,vuj•? U 0O?vWi? H A o A • N M N •g u 1! 3 Yr. a ion tic S $Me'? s$" ys L ? ? •5 ? ? .a ,? ? ? •5 •? ? ? ? ?' ? ? toy - 4g, W 'N v 3 ?i a Qp" ?y? •y °a d4 3 ? •R a .-7 `u' ° A u uQ -rn ; w a?aa [. •I ON AIM x? z p A Q ° u o N U i w a '? 6 ? $ •a ?w u 00 u .gam U ?.? ?u 73 w 0 o c u 00 ? 13 I I i+" •?j • •`O •° 1 g %3 m it 3 u u ? ? o ? r. 4: . 0 X34 o K 8 nd- 1?4 ? ° C O UD, a s? u c? u N R Y ° O q ,?yqy qq U c7 O ? ea .9 u? u G O w g o w .s J o ? ? o .o to. a 0 G '8 P. 0 T O 9 a w o .? q °w. 4 . C u ? .S 3 co N ° `D a, w w O Q w o? n U?F 0 ° 'a 0 'A u 0 w o? Ln u s? a a Q a •N q w 0 0 a g? e ? o ?7 Q ? ? C7 a M I, , ' , , Clearwater-City Commission Agenda Cover Memorandum Work Session Item H: QGO .? Final Agenda Item H to Meeting Date: 11/21/02 SUBJECT/RECOMMENDATION: Approve Addendum 2 to the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project for a time extension, D and that the appropriate officials be authorized to execute same. _ SUMMARY: • The City Commission accepted funding in the amount of $3,500,000 and approved the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project on January 24, 2002. • 'On June 20. 2002, the City Commission approved Addendum. t to the Agreement to change the acquisition of the Friendly Village of Kapok to fit the "preacquired" process. Florida Communities Trust has determined that all tenants must have vacated the park prior to reimbursing the City for funds expended. In order to allow sufficient time to accomplish the complete relocation of the tenants a time extension of six months, from November 20, 2002 to May 30, 2003 is required. • A copy of the Agreement is available for review in the City Clerk's office. Reviewed b? Legal Budget NIA Purchasing NIA Risk Mgmt NIA Info Srvc . NIA Public Works DCMIACM Other Submitted by: + City Manager R Ak-v? Printed on roeveled vener Originating Dept: (T. F Public Works Adminh User Dept. Public Works Admini: Attachments ? None FCT Konok Addendum 2 Costs Total 0 Current FY Funding Source: CIP OP Other Appropriation Code: 04): U-0, ite: pa)3 FCT Contract Number 02-CT-2W-01-F1-A3-015 FLORIDA COMMUNITIES TRUST FFl Award Number 01-015-FF1 KAPOK WETLAND AND FLOODPLAIN RESTORATION ADDENDUM 11 TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM II is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF CLEARWATER, a local government of the State of Florida (Recipient), this day of 2002. NOW THEREFORE, FCT and Recipient mutually agree as follows: WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Conceptual Approval Agreement expires November 30, 2002; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-7.009(5), F.A.C., has timely submitted to FCT a written request for extension of the November 30, 2002, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-7.009(5), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3., the parties hereby agree to revive it nunc pro tune as though it had not lapsed in accordance with paragraph 2. 2. In every respect, this amendment is to be construed and applied as though the parties 01-015-FF1 10/18/02 CAAAMD.2 , had both signed it before November 30, 2002. 3. The Conceptual Approval Agreement by and between FCT and FGr Recipient is hereby extended until May 30, 2003; This Addendum 11, Addendum 1, and the Conceptual Approval Agreement embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged.. . IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum 11. FLORIDA COMMUNITIES TRUST By '- Janice Browning Executive Director Date: Approved as to Form and Legality: ; By, Ann J. Wild, Trust Counsel CITY OF CLEA.RWATER, FLORIDA Countersigned: Brian J. Aungst Mayor-Commissioner Ap roved as to fo : By. William B. Home, 11 City Manager Attest: Lesll&'Dougall-Sides Assistant City Attorney 01-015-FFI 10/18/02 CAAAMD.2 Cynthia E. Goudeau City Clerk z ' E t ?, RRd} A 1rR??? SUBJECT/RECOMMENDATION: CICarWater City Cominissioil Agenda Cover Memorandtnrt Work Session Item M I?Cy Final Agenda Item # Meeting Dale: Nov. 21, 2002 Award a three year contract to Armstrong Environmental Services, Inc., of Safety Harbor for Nuisance and Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Channels and Immediate Adjacent Transitional Areas in the amount $253,994.00, 19 and that the appropriate officials be authorized to execute same. SUMMARY: v A Request for Proposal and Quotes (RFP No, 37-02) was issued on August 13, 2002 for Nuisance and Exotic Vegetation Control and Maintenance of City Lakes, Ponds, Channels, and Immediately Adjacent Transitional Areas. • The work scope called for the control of nuisance and exotic species, which impede-water flow and/or diminish the habitat value of twenty-seven specified lakes, ponds, channels, and immediately adjacent transitional areas. The scope also required that the treatment controls adhere to environmentally acceptable best management practices, and that monthly and annual reports be provided to the City summarizing all activities and proposing recommendations for the following years. • , Three proposals were received and evaluated based on technical merit, qualifications, experience, proximity to the City and reasonableness of proposed costs. Armstrong Environmental Services, Inc. provided the most responsive proposal, which included the initial removal of woody and other herbaceous species, especially on sites that were not previously included in this work effort, followed by monthly inspections, chemical treatment, and bank maintenance to ensure that any nuisance and exotic aquatic vegetation is controlled. • The cost for the first year of the contract is anticipated to be $114,998 with the second and third year costs $69,498 each, for a total contract price not to exceed $253,994. • Parks and Recreation will assist in funding for this contract with the first year anticipated at $12,628 with the second and third year costs $1,188 each for a total of $15,004. • There is sufficient funding available in the current operating budgets for PWA/Public Svcs/Stormwater Operations (419-02090) and for Parks and Recreation/Administration (010-01860) cover this contract. • A copy of the contract is available for review at the Public Records and Legislative Services office. Revlewed by: Legal ? Info 5rvc NIA Originating Dept: , 1 '' Public Works Adminlstr?tlon User Dept. 1R Public Works Administration Parks and Recreation Attachments IM None Submitted by, City Manager , upti.'? Printed on recvcted oaoer Nulsance and Exotic Vegetation Control Budget ? public works Purchasing_:?. ?DCh11ACM -?r Risk Mgm NIA Parks & Rec i Rev. 2193 Costs: Total $253,994 FY Funding Source: $114,998 CIP OP X Other Appropriation Code: 410-02090-530300-539.000 $ 238,990.00 010-01860.530300.572.000 $ 15,004.00 ?110\lp S i CONTRACT FOR CONSULTING SERVICES This AGREEMENT. made this day of 2092, by and between the City of Clearwater, Florida (City), P. 0. Box 4748, Clearwater Florida 33758, and Armstrong Environmental Services, Inc. (Consultant), a Florida corporation. WHEREAS, City issued Request for Proposals and Quotes No, 37-02 for Nuisance and Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Channels, and Immediate Adjacent Transitional Areas; and WHEREAS, City selected Consultant to provide nuisance and exotic vegetation control and maintenance services according to Consultant's response, and negotiated Scope of Work: (See Exhibit "B") NOW THEREFORE, the City and Consultant do hereby Incorporate all terms and conditions in Exhibit "B" and Exhibit "C" and mutually agree as follows: -? 1. SCOPE OF PROJECT. Consultant agrees to provide nuisance and exotic vegetation control and maintenance services under the terms and conditions' described in Exhibit "B". 2. TIME OF PERFORMANCE. Three years from the date of this Contract. 3. REPORTS. Consultant agrees to provide to City reports on the Project as required in Exhibit "B". All reports shall comply with City's recycled and recyclable products code requirements, Clearwater Code Section 2.691. 4. COMPENSATION. The City will pay Consultant a sum not to exceed $253,994.99, inclusive of all reasonable and necessary direct expenses as described in the cost estimate attached as Exhibit "C". The City may, from time to time, require changes iri'the scope of the project of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. 5. METHOD OF PAYMENT. Consultant shall bill City according to the payment schedule described in Exhibit C. City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 6. CONTACTS FOR RESPONSIBILITY. Martin S. Armstrong will be designated as Project Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of Consultant., Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this Project. Terry Finch,. Environmental Manager, or his/her designee for all matters relating to this Agreement will represent the City. 7. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this contract by giving Consultant ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the City may terminate the contract, and Consultant shall be paid only for work completed. $. NONDISCRIMINATION. There shall be no discrimination against any employee who is employed in the work covered by Agreement, or against applicants for such employment, because of race, religion, color, sex, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, Including apprenticeship. 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct 2 or. Indirect, which would conflict In any, manner or degree with the performance of services required to be performed under this Agreement. 10. • INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnlfy and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of 'or due to any negligent act or omission of Consultant or its employees In connection with or arising directly or Indirectly out. of this Agreement and/or the performance hereof. Without limiting its liability under, this Agreement, Consultant shall procure and maintain during the life of this Agreement liability insurance coverage as described in Exhibit "A". This provision shall survive the termination of this Agreement. 11. PROPRIETARY MATERIALS. Upon termination of this Agreement, Consultant shall transfer, assign and make available. to City or its representatives all property and materials in Consultant's possession belonging to or paid by the City. 12. ATTORNEYS FEES. In the event that either party seeps to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. 3 E IN WITNESS . WHEREOF, the City,, and Consultant, have executed this Agreement on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J.'Aungst William B. Horne,ll Mayor-Commissioner City Manager Approved as to form: Attest: ; AZ' Leslie Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Arm rong Environmental Se", Inc. By: saiorms\Consullanl Agreament 4 ,f CITY OF CLEARWATER RFP # 37--02 INSURANCE REQUIREMENTS 1. Liabilit ,Insurance. The party submitting a response to an RFP, hereinafter referred to in this document as Proposer, Vendor, or Contractor, if selected, shall furnish,:, pay for, and maintain during the life of the contract'with-the City the following liability coverages: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit,Bodily,Injury Liability and Property Damage Liability. b. Business Automobile Liability insurance in the amount of? at least $500,000, providing Bodily injury Liability and Property Damage Liability. c. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits-in compliance with Florida laws, including Employers' Liability, which meets all state and federal laws. °•' d. Professional Liability/Malpractice/Errors or omissions insurance, as appropriate for the type of business engaged in by the Vendor, shall be purchased and maintained by the Vendor with minimum limits of $50.0,000 per, occurrence. e. Products Liability Insurance, as appropriate for the type of products, if any, sold or used by-the Vendor in an amount of not less than $500,000. 2. Additional insured. The City is to be specifically included as.an additional-insured on all liability coverage described above, except the insurance coverage identified in paragraphs lm, (d) and 1(e). .3. Notice of Cancellation or Restriction. All policies of insurance must-be endorsed to provide the City with thirty (30) day's notice of cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. .The Vendor shall provide the city with a certificate or certificates of insurance showing the existence of the coverages required by this RFP. The Vendor will maintain 1 these coverages with 'a current'certificate or certificates of insurance throughout.the term of the contract with the r•? City. When specifically requested by City in writing, the Vendor will provide City with certified copies of all policci.es,of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies.havie been. requested, shall be provided city whenever any policy is renewed, revised, or obtained from other insurers. 5. The address where such certificates and certified.polices shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, FL`.33758-4748 6. The Vendor shall defend, indemnify, save and hold the city harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance.under this RFP, or a subsequent purchase order or contract entered into by city and Vendor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Vendor acknowledges that it . is solely responsible for complying with the terms of this RFP or a purchase order or contract arising out of this RFP. In addition,.the Vendor shall, at its expense, secure and provide to City, prior.to beginning performance under this RFP, or a subsequent purchase order, or contract, all insurance coverages as required.-in this RFP. 7. Any'party providing services or products to the city will be expected to enter into a written agreement, contract, or purchase order with the city that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained.herein. A•failure to do so may, at the sole option of the city, 'disqualify any vendor,.bxdder or Proposer of services and/or'products to the city. 2' Exhibit B Project Scope Nuisance & Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Channels, and Immediate Adjacent 'T'ransitional Areas The. project is for the purpose of controlling nuisance/exotic species in lakes, man-made ponds, channels, and immediately adjacent transitional areas of ponds within the City of Clearwater jurisdiction. The program shall be an integrated program that incorporates the different treatments available for aquatic systems throughout the City. Management of the lakes, ponds, channels, and immediately adjacent transitional areas shall be done in an acceptable manner so as to maintain functioning wildlife habitat as well as being visually acceptable. This may be accomplished with a combination of biological, manual; mechanical, and chemical controls with emphasis on the reduction in the use of chemicals. Maintenance of each of these properties shall be done at a minimum of twelve times a year to provide for a well-balanced and natural habitat. The terms, conditions, and requirements set forth in this request are "contract conditions" and shall be met by the contractor. All locations are within the City jurisdiction and accessible, any additional access will be the responsibility of the Contractor. Work under this contract shall include the furnishing of all labor, material, equipment, w supervision, transportation and other services necessary to do the required maintenance at the designated areas as specified herein. SPECIFIC CONDITIONS. 1. Maintain control of nuisance/exotic vegetation in and adjacent to City owned lakes, ponds, channels, and immediately adjacent transitional areas, which impede the natural flow of the water bodies referenced in the following List of Waterbodies. 2. Initial treatment shall be performed for the specific areas as follows: Terrace Lake at the end of Marilyn Street, exotic vegetation removed from City owned right of way from Graham Ave to McKinley St.. Westchester Lake at Countryside Recreation Center, undercut sub-canopy and remove exotic vegetation on west side of lake that resides on City owned property. Cliff Stephens Park on Fairwood Ave, undercut sub-canopy and remove exotic vegetation on northeast portion of lake on the east side of Fairwood Ave. By, ram,Ditch, Byram Dr. and Kings Hwy, cut all vegetation followed by a herbicide treatment on all deltas within the drainage easement. Allen's Creek, Nursery Rd. and Allen's Creek, cut all vegetation followed by a herbicide treatment on deltas within the creek banks. Lake Lucille, Long St. and Murray Ave, remove cattails and exotic vegetation around entire perimeter of the lake. 3. Sites may within the contract period require replanting of aquatic vegetation, with a ?•"""'?. combination of the following species: Pickerelweed (Ilonlederia lancifolia) Cordgrass (Spartina bakeri) Lizard's Tail (Satrrurus cernims) Arrowhead (Sagittaria latifolia Willd.) Water-Lily (Nymphaea odorata Ait) Soft stem Bulrush (Scirptts calidus Vahl) Planting shall be done at 10,000 square feet (1,200 plants) per occurrence with plants at 3 feet on center and a minimum of 50,000 square feet planted per year. The plant stock shall be. of an appropriate size and species approved by the City with a guaranteed survival of a minimum of one year. 4. Trash and debris in the subject areas shall be removed. Proper disposal of collected trash and debris is the responsibility of the Contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City of Clearwater. The Contractor shall report such accumulations of debris when encountered, in a timely manner. 5. All turf areas are to be mowed/line trimmed at a height of three (3) inches above the ground surface from normal water level five feet into the immediate adjacent transitional area. Any nuisance/exotic species will be sprayed with the appropriate herbicide (BROWN LINING OF ' THE IMMEDIATE ADJACENT TRANSITIONAL AREAS WILL NOT BE ALLOWED). Cuts should be clean, with properly sharpened blades. Mowers should not direct discharge into the ponds or waterways, unless unavoidable and proper deflectors should be attached at discharge points of the mower. Discharge should'also not be directed into any storm drainage system. Clippings - Bagging is not required but any heavy amounts of clippings along with any woody species, that would be visible 24 hours after mowing/line trimming, shall be removed by contractor and removed off site. 6. The Contractor shall be responsible for damage caused by the Contractor or his/her employees to any plant material or site feature. The Contractor shall notify the City in writing of the specific nature and cause of the damage and repair such damage at no cost to the City of Clearwater. 7. The ,Contractor shall install turbidity control in the work area when performing activities that may allow sediment or debris to be discharged downstream. 8. Any purposed chemical treatment must adhere to the following best management i? practices: (a) Follow all specific-labeling requirements. (b) Copper-based chemicals are not permitted. (c) Drift retardant - and tracing dyes shall be used on all sites for inspection purposes. (d) When using herbicides and pesticides that-may harm human and/or domestic animals the contractor shall notify in advance all homes affected by the treatment. (e) All applicators must maintain current licenses from the Department of Agriculture and Consumer Services for the spraying of herbicides and pesticides on any City owned property and provide copies to the City. 9. The control of nuisance and exotic vegetation shall include the List of Invasive Species from the Florida Exotic Pest Plant Council with any updates to that list also to include the following: Duckweed (Leinna minor L.) Giant Duckweed Qpirodela polyrhiza L.) Water-meal (Wolflia ssp.) Bog-mat (Wolfj`aella floridana) 10: Additional native aquatic and/or nuisance exotic plants may be required to be removed/sprayed at the discretion of the City and will be billed at per acre charge not , to exceed fifty (50) acres per year. 11. All aquatic system maintenance as well as the immediate adjacent transitional area maintenance shall be completed before leaving job site, with the City being notified within twenty-four hours of completion by phone or by fax for inspection. Some sites may qualify for an exemption upon prior authorization by the City. 12: Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services invoiced. . 13. On approval of the maintenance program and contract by the City, the contractor shall submit a schedule detailing work protocol that will be followed for the length of the contract (three years). The schedule shall be submitted within two weeks of the award of contract. 14. The Contractor, shall maintain monthly maintenance reports which shall include: location treated, type of waterbody treatment, amount of chemical use, immediate adjacent transitional treatment, mechanical equipment used, plant species controlled, `., ambient weather conditions, and any relevant information concerning the program. 15. Two. copies of the monthly maintenance report shall be submitted along with monthly invoice to the City. 16. Contractor will provide .three, copies of an "annual report," in tabular form, with ' photographic documentation of before and after, summarizing all activities and proposing a list of recommendations to be implemented in the following years. ' 17. All employees of the Contractor shall be considered to be at all times the sole employees ? of the Contractor under his/her sole direction and not an employee or ' agent of the City. The Contractor shall supply competent and physically'capable employees and the City may require the Contractor to remove an employee it deems t careless, incompetent, insubordinate, ar otherwise objectionable and whose continued employment on City property is not in the best interest of the City. i 18. The City reserves the right to add/delete a location or area from the Contract upon written notice. Payment for additional sites 'will be based. on contractors site ' assessment and quote, with approval by the City. ` r I ? .?i ri.E4r ;r s 4r SUBJECTIRECOMMENDATION: Clearwater City Commission Agenda Cover MemorandU111 Work session item #, PLUJ Final Agenda Item # S Meeting Date; 11/21/02 Approve the transfer of $428,590.76 to Pinellas County for utility relocation along Keene Road, Phase 1A & 1B, from Druid Road to Sunset Point Road, d , and that the appropriate officials be authorized to execute same. SUMMARY: •' Pinellas County and the City entered into an Interlocal Agreement to facilitate the County's roadway project along Keene Road from Druid Rd. to Sunset Point Rd. This agreement was approved by the Commission on October 21, 1999. • The agreement states that'the County will pay for the typical utility relocations, but that any utility upgrades requested by the City will be made at the City's expense. Utility upgrades that the City has requested include additional water mains to increase the general coverage, new raw water main for future expansion and new reclaimed water iinesfor future expansion. • The bids have been received for Phases IA and IB of the project, and the City's portion of the utility costs are as follows: Total Phases IA & IB: Potable Water: $68,042.00 Reclaimed Water: $W0,548.7G Grand Total: $428,590.76 • The breakout of project codes in the 02 Water & Sewer Bond Construction Fund is as follows: Capital Proiect: Expense Code: Amount Water Line Improvements: 343-96742-563800-533-000 $68,042.00 Reclaimed Water Improvements: 343-96739-563800-533-000 $360,548.76 Total: $428,590.76 • , Sufficient budget and funding for this work is available in each of the projects specified. Reviewed b vJJU111aL111a FlarJL. -AL - costs: Legal 16 Info Srvc NIA Public Works Adminlstr tion Total 428,590.76 Budget Public Works 7 User Dept. Funding Source: Purchasing A DCM/ACM Current FY Cl x Gas N/A Attachments OP Other Submitted by: Appropriation Code: City Manager 21 None 343.96742-563800-533-000 343.96739-563800-533-000 Printed on recycled paper Keene Rd. 1A-1B Funds Transfer I d1 Rev. 2198 Owl Clearwater City Commission Work session Item #: Lv ? Agenda Cover Memorandum Final Agenda Item It Meeting Date: 11121102 SUBJECT/RECOMMENDATION: Approve an Amendment to the Interlocal Agreement for the construction of Keene Road with Pinellas County to coordinate efforts facilitating the installation of landscaping from Druid Road to Sunset Point Road, .9 and that the appropriate officials be authorized to execute same. SUMMARY: • Pinellas County and the City entered into an Interlocal Agreement to facilitate the County's roadway project along Keene Road from Druid Rd. to Sunset- Point Rd. This agreement was approved by the Commission on October 21, 1999. • City and County staff have since determined that it would be in the best interest of the City to amend the agreement. • The amendment includes: a) Revising the amount the County pays the City for the Cultural Arts Workshop. The amount has been changed from $230,000 to $250,000. The appraised value was $250,000. b) The City and County have agreed that the most beneficial approach to facilitate landscaping would be for the County to design and provide funding for the landscaping, then have the City initiate a contract to implement the landscaping plan as provided by Pinellas County once the road widening project is completed. The County will pay the City an amount not to exceed $133,000.00 for landscaping implementation. • The subject agreement amendment will be available for review in the Official Records and Legislative Services Office. Reviewed by' Originating Dept: `'/V1k Costs Legal, Info Srvc NIA Public Works Administration Total 0 Budget A .Public Works User Dept. Purchasing NIA DCMIACM Current FY Gas NIA Attachments Submitted by: 01D '?A City Manager V= A164,j? D None A Printed on recycled paper Keene Rd. 1A-1B Interlocal AgreementAmendment Funding Source: Cl OP Other Rev. 2198 iS y • .: pw? PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OFAU.THORITYAND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAYAND TOMORROW AMENDMENT TO INTERLOCAL AGREEMENT (dated. 12/28/99) BETWEEN THE CITY OF CLEARWATER AND PINELLAS COUNTY FOR THE CONSTRUCTION OF EENE ROAD FROM DRUID ROAD TO SUNSET POINT ROAD AMENDMENT PREPARED BY PINELLAS COUNTYENGINEERINGDEPARTMENT Page 1 of 3 r4? t? THIS AGREEMENT AMENDMENT, made and entered into on the day of , by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the City of Clearwater, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, That: WHEREAS, the COUNTY intends to commence a roadway construction project designated as Keene Road, from Druid Road to Sunset Point Road; hereinafter referred to as the PROJECT and intends to maintain said improvements including associated sidewalks and drainage pond improvements; and WHEREAS, the CITY has agreed to convey to the COUNTY certain real property necessary to facilitate construction of the PROJECT; and WHEREAS, the COUNTY and the CITY have determined that it would be in the best interest of the general public and to the economic advantage of both parties to coordinate and cooperate in their efforts to facilitate development of the PROTECT; and WHEREAS, the COUNTY and the CITY signed an agreement on 12128199; and WHEREAS, the CITY intends to construct the landscaping plantings and maintain said landscaping. NOW THEREFORE, the COUNTY and the CITY, hereby agree to revise item 1.5, add item 2.10 and revise item 4.2, of the agreement signed on 12128199, as described in the following paragraphs: Revised Item 1.2: 1.2 Pay dye City an amount not to exceed $250,000 for the CITY's Cultural Arts Workshop Building (approximately 2,800 square feet) and land (approximately 0.86 acres), located at 1776 Drew Street Revised Item 1.5: 1.5 Develop landscape plans for the PROJECT, in coordination with the CITY and according to the concepts presented at the public information meetings, and implement installation of same as part of the PROJECT. The implementing of the landscape installation shall occur after the final acceptance of the roadway by the County and shall be facilitated by the provision of funds by the COUNTY to the CITY for the actual installation. The COUNTY shall reimburse the CITY for the landscaping work; The reimbursement shall not exceed $133,000, Said reimbursement will occur upon receipt of the bids for the landscaping work Added Item 2.10: 2.10 The CITY shall be responsible for the bidding and award of any contract(s) for roadway landscape installation based upon the plans supplied by the County, and shall also be responsible for the supervision of work, inspection of plant materials, acceptance of the installation and maintenance. Should the cost of the installation exceed the funds allocated by the County for this landscaping or the City wish to expand upon the landscape design, such additional costs shall be the responsibility of the CITY. The CITY shall be required to obtain a Utility License from the County for the Landscape work but all fees shall be waived, 1'agea z of d Revised Item 4,2: 4.2 The CITY shall invoice the COUNTY for reimbursement of costs for park land improvements outlined in Section 1,3 and landscape installation outlined in Section 1.5 after construction of said improvements. Invoices shall include description of improvements constructed or installed and copies of supporting receipts/invoices/documents to verify costa. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. CITY OF CLEARWATER, a municipal corporation of the PINELLAS COUNTY, a political subdivision of the State State of Florida. of Florida S t ' ' By: By: William B. Horne, H, City Manager Date Chairman Date ATTEST COUNTERSIGNED: Karleen F. DeBlaker, Clerk By: By: Deputy Clerk Dale Brian J. Aungst, Mayor 1 Commissioner Date APPROVED AS TO FORM: ' ATTEST By: i By. County Attorney Data Cynthia E. Goudeau, City Clerk Date APPROVED AS TO FOR : , sy: .,3 raz an Ruff, Asa' tant Cityey Date Page 3 of 3 ri A ? ak Clearwater City Work session Item (7LL) Commission Final Agenda Item # 010 Agenda Cover Meeting Date: 11/21/02 Memorandum SUBJECT/RECOMMENDATION: Award a contract for the Sharkey Road and Oberlin Drive Drainage Improvements (00-0058-EN) to MTM Contractors, Inc. of St. Petersburg, Florida for the sum of $499,299.55 which is the lowest responsible bid received in accordance with the plans and specifications, ® and that the appropriate officials be authorized to execute same. SUMMARY: e The work proposed in this contract includes work in the vicinity of the intersection of Sharkey Road and Oberlin Drive. The primary purpose of this project is to provide hydraulic conveyance for the 25 year - 24 hour storm event by replacing an undersized culvert on Sharkey Road. s The work to be performed will include channel widening and deepening, sidebank stabilization with the construction of. gabion baskets and the replacement of two existing 50" x 31" inch corrugated metal pipes with two 6'x 10' concrete box culverts. • The work will also include replacement of curb inlets and the relocation of a water and sewer line. o This project will commence after award and execution of the contract and will be completed in 120 calendar days. e Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund project 377=96140, Sharkey Road Drainage Improvements, to fund this contract. • A copy of the,contract is available for review in the Official Records and Legislative Services office. Reviewed b,,•; Legal RD? Budget Purchasing Risk Mgmt N/A Info Srvc N/A c 7q Public Works DCM/ACM Originating Dept:,-A\ PWAdmin (Brian Ba User Dept.: Costs: Total $499,299.55 Submitted by: City Manager Other N/A Attachments Printed on recycled paper Current FY Appropriation Code: © None 779 nG4An ec97nn Funding Source: Cl X OP Other Sharkey Road and Oberlin Drive Drainage Improvements t ` Clearwater ? City Con1nllssion Final Agenda Item 1i Agenda Cover Memorandum Meeting Date: 11121!02 SUB) ECTIRECOMMENDATIQN: Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $80,000. and that the appropriate officials be authorized to execute sime. SUMMARY: • The City of Clearwater was served with a lawsuit alleging that Ms. Palisano's civil rights were violated. • The City Attorney has assigned defense of this lawsuit as it pertains to the City and James Wood to Deborah Crumbley, Esq., of the lawfirm of Thompson, Sizemore & Gonzalez. The initial budget was estimated at $40,000 for defense of this case. • This lawsuit is in the discovery phase, and the Plaintiff's attorney lias subpoenaed more witnesses for deposition than was originally anticipated. • It is estimated that an additional $40,000 is necessary for the ongoing defense of this case as it pertains to the City and James Wood. • The funding of $40,000 will come out of the City Attorney's professional services budget. Reviesved by: Originating Dept: Costs $80,000.00 (estimated) Legal Info Tech NA Legal Total Budget Public'Works NA User Dept. Funding Source: 40,000 Purchasing DCM/ACM Legal c,,p+loi 11114xoveimil Current Fiscal Year Risk Mgmt NA Other NA Attachments otk'ran'Is X Olh?r Appropriation Code: 5ubml1W by: O None 010.09600.530100.514.000 Cil Mana er Printed on recvcled oaner Rev. 2198 J 1! Clearwater City Commission Wnrksessinn Item t1: Yh Z Agenda Cover Memorandum Final Agenda ItEw olu Meeting Data: 11/21102 SUBJECT/RECOMMENDATION: Approve Ordinance No. 7059-02, amending Chapter 2, Article III, Division 2, Section 2.081 through 2.085 oUthe Cade of Ordinances to replace the title of the "Airport Authority Board" with "Airport Advisory Board", and provide clarification of their powers and duties, and pass on the first reading. x and that the appropriate officials he authorized to execute same. SUMMARY: By amending the title and clarifying the powers and duties of the Airport Authority Board, this Ordinance change will bring their authority more in line with other City Advisory Boards. The composition and terms of members remain essentially the same. Additionally, they remain able to initiate studies and. make recommendations on airport matters to the City Commission and shall be responsive on airport matters referred to the board by the City. Reviewed by Legal nfo Srvc Budget Public Works Purchasing NIA DCM/ACM Risk Mgmt ' NIA ether y Manager, by, City , City Managerer Originating Dept.: Costs NIA Marine & Aviation (Bill Morris) Total User Dept.: Marine & Aviation Current FY Attachments 1.0rdinance No.7059-02 _ 0 None . . NIA Funding Source: Cl OP Other co Printrrl nn reewded naner ORDINANCE NO. 7059-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE AIRPORT AUTHORITY; AMENDING CHAPTER 2, ARTICLE III, DIVISION 2, CODE OF ORDINANCES TO REPLACE THE TITLE "AIRPORT AUTHORITY" WITH "AIRPORT ADVISORY BOARD"; AMENDING SECTIONS 2.081 THROUGH 2.085 PROVIDING CLARIFICATION 'ON THE RENAMED BOARD'S DUTIES AND POWERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed amendments are necessary to more effectively and efficiently carry out the duties and powers of the board; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article 111, Division 2, Code of Ordinances, is hereby amended Airport Advisory Board. Sections 2.081 through 2.085, Code of Ordinances, is amended as follows: ' Division 2 Airport Advisory- Board Authority Sec. 2.081 Creation Aet-hotity-and-purpose-of-dMsivn: There is hereby created an Airport Advisory Board. This-di ?isiGF is-a epted-pursuant-to4he-author-i"nfeFrecUby-the-Florida-Gonstitutiar+ a"!!, § 2(b), as4mplemented-b',-x-§466 GX21:-It-4s-hereby-found4hat-the Clearwater-Airpor as-present4y-wnfigured-aRd-operating4s-an-asset-tG4he-slty-anal shauld-be4etained-as-sas4;-eperated-and4-naietained4n a safe a nd-prefessional manner-,-afld4mpreved-fer-the-beeefit-ef4he-en ire-svmceunity. AssaFd-ingiy; it-is deelared4bat: (4)-€eFtlie-#?ealt4rsafet.?t-and-welfam of-tk?e-sign-aiWFt-auther4ty-s-hall-be established -to men!tGr-the-opeFatloFiT-maintenanse-and-pFGvide-Fewmmendations-€bF improvements-ie-tie-GleaFwatef-A r-pa*4o-ensuFe-that-the-aiTo4-spemtes-in-a pFe€essiGMaI aRner-W#isf-will 8Refit-#he-eRtira-community;-aRd (te) Th iFpo4.authefi"ill4epresent-a-sress-sestiOn-of-these groups4nterested4n4he-alrpoWs-relationship-within-the community;-and-will-ensuFe-that t€ie-alrpo44eives-all-of-the-coFnmuni"nd-is-opeFeted4n-a-safe-and-ef isient-manneF (Code 1980, § 22.80; Ord. No. 5097, § 1, 5-16-91) Ordinance No. 7059-02 Sec. 2.082 Composition Definitions; The _Airport Advisory Board shall consist of five members. Others may be appointed in ex officio capacity in order to obtain technical expertise unavailable locally The-foiiowing-wofds; ter-ms-and-phrases; when-used4n4his-division,-shall-have-the meanings-ascribed-to-them4n4his-sectiQfl-; except-where-the-Gontext?Glearly4ndisates-a di#eFefltmeafling: Airport-mean&4he-C learwater-Airpark-which-is-located-a# latitude-2-7--degrees?8-mifletes 34seGeRds-RoFth-and4GR91tade 82 etgrees-45-miflutes-32-sessnds-west: mean r the-beard-created-purzuaat-to4his-division-: L-ease-agreement-means4he-tease-agreement-between4he-sitj Rd-a4ixed-base opeFater-or-ether-lessee; Felatiflg4G-the-operetioa-o€4he-airport, i€-afl? RWes-Meafls?ll guidaflse-?-pmr.edures;-instfuctiot4&4w-ether mategals-pertaining-te-the opeFagen-of-th -aiFpsFt-and-aiFSraft landing-sr-taking?ff-ther-efMRfl. (Code 1980, § 22.81; Ord. No. 5097, § 1, 5-16-91) Cross References: and rules of construction generally, § 1.02. Sec. 2.083 Terms of members. Members: _Members of the Airport Advisory Board shall have four year staggered terms staggered such that not more than two terms shall expire in any_ calendar year. -{?-OaFflpositioF> :the-alFpoFt-authoFit?-shall-seflsistof?+ve met?beFS; appointed--?y--tl?e?ity-soFnr?ission: (-2-} - Terms. the-flsFinal-teFFn-€or-each-member4*tlae-authc;r4ty hall be four-year-a-, staggered-suG4 that-not-mor-e4han-two4erns-&hall-expire-is-ap)?-saiendar-year: (3)--QMGers -The-aathoNty-sball-annually-electfwrF 4tG?-membemhip-a-Ghairperson-and-a vise-GhairpeFeGn-wh -shall-act-as-secretaFy-for-the-authority: (4) Resa"eFnbers-of-the-airportautherity-shall-be-subjert4o recall44DF- nonpeFformanGerotduty-P-etitions-€or-such-mr.all-shall-be-subrnitted-to-the-city GGMMissiGR4Gr eyJew-and-acti©n-. Upon receipt-of-a-valid-request- w4eGall-o€-an aethor4"ember; he-Gi"mrnissiofl-will-appoint-a-heagng-officer-tG4nvestigate-the allegatio"eteFinine-findings-offaGt; and-MGC;M- send-appropriate-artion.-Resali-af-an member shall-require-a-four-to-one-vote-of-the-clay-commissior-? (Code 1980, §§ 22.82, 22.84; Ord. No. 5097, § 1, 5-16-91; Ord. No. 5587-94, § 1, 6-2- 94) Ordinance No. 7059-02 Sec. 2.084 Powers and duties The Airport Advisory Board shall initiate studies and make recommendations on airport matters of the_city_to the city commission and shall be responsive to the city commission on airport matters referred to the board b the city. -(444he4go,or#-autheo ty-shall have-the-power-and-dutyto-m, oRitor the-lease Gper-ation-of4he-Qear-water-Air-park7on-behalf-of-th"ty-to-eRsure rsfnpliance-wit#-a lkter-ms-G4he-lease; -as-such-teFms-apply-to-either-lessor-or"lessee. ..;"fpert-aatbority-shall-make-r-esornmendations-fmra4ime-to time-d+restly-to the-city-s mmissic)R4egafding-additiGnat4mpfovemer}"aintenanse; use-and-opefatiot,--sf4he-premiser,, nondissriminatey-pfastires; prises;-ancd ruoh-other r atters-relatiFig4o4he-air-part-as-the-airpoO-authvfity4 ads-nesessap?-or-desirable-from time to t me-. (3)4R ofaitsring-the-©peragen-af-th airport; the-airport--authority-shah (a)-E--Rsure-that-the4fport-js-apefated-and-eaaintalned-iR a-safe-and-professional manneF that js-consistent-witO the-needs-of-t-he-efatire-community; `sure -that-the -s ommissjoR-aad-staftis-sufrent-on-all-matters-pertaining to the airperTs-epefatlen-a nd-development; (s)-E?sufe-thatfea sonable-rules-peftaining4o4he-opeFatior-of-the-airport-are developed; implemented-and-enforced; (-dWeld-publiG-meetings-between the-aviatior?-somrnunity-and-the-losal-fesidents-in-an affart to-resolve-matters-of mutual -merest, (e)44Gld-authefity-meetings-atleastonse-per-FKaonth4e-sendust-author4ty business: There -rneetings-shall-be-operr-to he-publie-with-a-period-o"me-atthe-end-Qtearh meetiRg-setaside-fer-public-input; (€)Wake-requests-ts-the-city- mmisslon4'or-city-assistanserwhether-financial; legal-©F from ot#aer-slty-depaFtments-,-necessary"to-achieve-the-above-described-objectives: () The-airport-authority-shall-annually-prepare-a-written-feport rontaining4ts-f4fadings-and-recommendations-relating-to-the-airport-and-submit-such repeft-to-the-city-oommissiof}: (Code 1980, § 22,83; Ord. No. 5097, § 1, 5-16-91) Sec. 2.085 Advisory Bboard of Bcity This board-The-authority shall act as an advisory board of the city pertaining to airport matters. Ordinance No. 7059-02 Clearwater City Commission Worksesslon Item #: Final Agenda Item # FN 1 Agenda Cover Meeting Date: 11/21/02 Memorandum SUBJECT/RECOMMENDATION: Adopt Resolution 02-50 establishing the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing, © - and that the approprlate officials be authorized to execute some. _ SUMMARY: • A Water and Sewer rate study has been completed which proposed a 7% Increase In water and sewer rates effective 7/1/01, 4/1/02, 1 /1 /03, 10/1/03, and 10/1104. The City Commission approved these rate increases, which are sufficient to provide for operations, capital projects, and debt service on bonds Issued during this time period. This rate study identified a need for approximately $137.3 million in capital projects, with bonds to be issued in 2001/2002 of approximately $53,776,000 and in 2003/2004 of approximately $35,657,000 and approximately $40,644,000 In 2005/2006. When the 2002 Bonds were sold through competitive bidding, they generated proceeds to fund $54,185,287 in capital projects ($411,787 above the projected amount). Rather than re-size the bonds Issue, we are reducing the 2004 bond issue by this amount. Attached is a list of $35,245,213 ($35,657,000 projected needs less $411,787 excess 2002 proceeds) in projects to be financed from the 2003/2004 bond Issue. • We anticipate Issuing bonds In 2003/2004 to finance these projects. The date of issuance will be determined at a later date based upon market conditions and completion of the FY2003 financial statements. • The Water and Sewer Fund will be Incurring expenses on these projects prior to the Issuance of the bonds, This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds. Reviewed by Originating Dept:'VnN1 Costs Legal Info Srvc N/A Finance - Margie Simmons Total Budget Public Works A User Dept. .+ y Funding Source: Purchasing N/A DCM/ACM Public Works Current FY cI Risk Mgmt N/A Other Attachments OP Resolution 02-60 Other Submitted by: -_?M Olt" O None City Manager Appropriation Code: Printed on recvciad paper Rev. 2/98 RESOLUTION NO. 02-50 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE; DATE. WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct certain capital improvements to the City's water and sewer system together with engineering work regarding the water and sewer facilities, more particularly described on Exhibit A attached hereto (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION I. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer In connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $35,245,213. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITI. If any one or more of the provisions of this Resolution shall for any reason be held Illegal or Invalid; such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon Its adoption. PASSED AND ADOPTED this day of . , 2002. Brian J. Aungst Mayor-Commissioner Appr v d a to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution 02-50 CITY OF CLEARWATER Water & Sower Utility Fund - 421 Projects for 04 Revenue Bond Roimbursement Resolution October 22, 2002 REIMBURSEMENT RESOLUTION Total for Project Reimbursement Descriall?n EVfisI Number enIgtI4ll FY03 EY2A WWC Interceptor Lines 356 96605 2,613,000 11368,000 1,427,000 Sanitary Utility Relocation Accamodation 356 96634 400,000 400,000 Facilities Upgrade & improvement 356 96654 560,213 217,213 363,000 Sanitary Collection & Transmission R&R 356 96665 9,166,000 5,276,000 3,890,000 Pump Station Replacement 356 96686 5,115,000 2,520,000 2,595,000 WWC Force Main Replacements 356 96693 1,076,000 530,000 546,000 Manhole & Gravity Line Repairs .356 96694 1,250,000 750,000 500,000 WVVC Lateral Repairs 356 96695 500,000 250,000 250,000 THM Control 356 966xx 1,700,000 1,700,000 Reclaimed Water Distribution System 356 96739- 6,336,000 2,553,000 3,783,000 Water Supply & Treatment 356 96740 1,771,000 1,371,000 400,000 System R & R - Capitalized 356 98741 717,000 717,000 Line Relocation - Capitalized 356 98742 352,000 280,000 72,000 Meter/Backflow Replacement Change-out 356 96743 519,000 284,000 235,000 Water Treatment Facitily 356 96748 1,950,000 11950,000 Water Service Lines 356 96752 1,000,000 500,000 500,000 Total per FY03 Budget Book [a] 35.245.213 2? 0.884, 13 14 1 000 Total per FY03 Budget Book ' (a] 35,065,000 Total Planned 04 Bond Proceeds per R/S Updt (Schad 2, Pp 1 of 3, tines 27 & 28) 35,657,000 Less Excess Proceeds on 02 Bond Issue: Water Pollution Control R & R 343 96664 (411,787) [b] 35,245,213 Additional Project $ to be Identified for RIRes (b)-[a] _ 180,21 FY03 First Quarter Amendment - Increasing 356.96654 Facilities Upgrade For FY04 6 - yr CIP will Increase 356.96654 Facilities Upgrade by 20,567,000 14,398,000 21,096,000 14,561,000 (411,787) 20,684,21a 14,66].000 17,213 163,000 17.213 WtrSwr 04 Bd Projs for Reimb Res 220ct02.x1s/Sheet1 Page 1 of 1 10/24/2002 Clearwater City Worksesslon Item 4t: FM '4Z Final Agenda Item H I Commission Agenda Cover Meeting Date: 11/21/02 Memorandum SUBJECT/RECOMMENDATION: Adopt Resolution 02-51 establishing the Intent to reimburse certain Stormwater project costs incurred with proceeds of future tax-exempt financing, ® and that the appropriate officials be authorized to execute same. SUMMARY: • A Stormwater rate study has been completed which proposes Increasing the Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January 1, 2002, to $7.16 per ERU effective October 1, 2002, to $8,01 per ERU effective October 1, 2003, to $8.65 per ERU effective October 1, 2004 and to $9,35 per ERU effective October 1, 2005. These rate Increases are sufficient to provide for operations, capital projects, and debt service on bonds Issues during this time period. • The rate study Identified a need for approximately $72.4 million In capital projects, with bonds to be Issued in 2002 of approximately $22,687,000, In 2004 of approximately $22,226,000 and in 2006 of approximately $7,979,000 to fund a portion of the needed capital Improvements. When the 2002 Bonds were sold through competitive bidding, they generated proceeds to fund $22,450,044 In capital projects ($236,956 less than the projected amount}, Rather than re-size the bonds Issue, we were able to Idenllfy savings in the projects so that the reduced proceeds were sufficient for our needs. Attached Is a list of $22,226,000 in projects to be financed from the 2003/2004 bond issue, . • We anticipate Issuing bonds in 2003/2004 to finance these projects. The date of issuance will be determined at a later date based upon market conditions and completion of the FY2003 financial statements, • The Stormwater Fund will be Incurring expenses on these projects prior to the issuance of the bonds. • This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds, Reviewed bye 1i 1 Legal Budget Purchasing A Risk Mgmt N/A Into Srvc N/A Public Works DCM/ACM Other A Originating Dept: LMI Finance - Margle Simmons User Dept. Public Work ' Coats Total Funding Source: Current FY Cl OP. Other Submitted by, City Manager Printed on recycled gaper Attachments Revolution 02-51 Cl None Code: Rev. 2/98 RESOLUTION NO. 02-51 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct certain capital improvements to the City's stormwater system together with engineering work regarding the stormwater facilities (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit In Its stormwater utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be Incurred by the issuer to reimburse itself for expenditures paid with respect to the Project will exceed $22,226,000. This Resolution Is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or Invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such Illegal or Invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect Immediately upon Its adoption. PASSED AND ADOPTED this day of .2002. Brian J. Aungst Mayor-Commissioner Appr v d as io rm: Pa ela K. Akin City Attorney Attest: Cynthia E. Gaudeau City Clerk Resolution 02.51 FN2 CITY OF CLEARWATER Slormwaler Utility Fund • 419 Projects for 04 Revenue Bond Reimbursement Resolution • October22, 2002 Total for Project Ralmbursemant ' Deacrigtlon End Number BBB EM ' Storm Pipe System Improvements 357 96124 2,000,000 1,000,000 1,000,000 Town We 357 96125 1,007,000 907,000 100,000 . Stevenson Creek Estuary Restoration 357 96129 4,641,000 2,874,000 1,987,000 Kapok Flood Resolution 357 96141 2,500,000 2,500,000 Myrtle Ave Drainage Improvements 357 98142 9,100,000 9,100,000 E Slevenson,Creek Improvement Projects 357 96144 973,000 173,000 ' Storm System Expanslon 357 961 XX 1,000,000 1,000,000 E' Allen's Creek Neighborhood Improvements 357 961XX 600,000 600,000 Alligator Creek Drainage Improvements 357 981XX 1,205,000. 1,205,000 0 Total Planned 04 Bond Proceeds per RIS Updt (Schad 2, Lines 14 & 22.226.01 6.354.000 6.872.000 f 1 I' 7 S'??????,???Ii.I?iw'Y1+ ..i{,i - # [ '''7...l:. .: fl...:li ... 5-'.,ti'1.?.< •li: "• ' •1 - e(.-y , CITY OF CLEARWATEFi Stormwater Utility Fund • 419 Projects for 04 Revenue Bond Reimbursement Resolution October 22, 2002 Total for Pro ect Reimbursement Descrlotlon tillSl . ? 0212IMIJon ? FY04 i ' i Storm Pipe System Improvements 357 96124 2,000,000 1,000,000 1,000,000 Town take 357 96125. 1,007,000 907,000 100,000 Stevenson Creek Estuary Restoration 357 96129 4,641,000 2,674,000 1,967,000 1?1 k Kapok Flood Resolution 357. 96141 2,500,000 2,500,000 ; Myrtle Ave Drainage Improvements ' 357 96142 9,100,000. 9,1001000 , t ° Stevenson Creek Improvement Projects 357 96144 173,000 173,000 ' Storm System Expansion 357 961XX 1,000,000 1,000,000 • . i Mlen's Crock Neighborhood Improvements 357 961XX 600,000 600,000 { Alligator Creek Drainage Improvements 357 961XX 1,205,000 22 220 000 354 90 16 1,205,000 i I ' . . _ 0 . , { ; Total Planned 04 Bond Proceeds per R!S Updt (Schad 2, Lines 14 &15) 1 22.226.000 10,354.000 - 6.872.000 ! , ' CITY OF CLEARWATER Stonnwator Utility Fund • 419 Projects for 04 Revenue Bond Relmbursoment Resolullon ' October 22, 2002 Total for Project _ Reimbursement ? . - ' , esct?up? ?q.? Number ReDOlutlon t=Y03 FY44 . Storm Pipe System Improvements 357 96124 2,000,000 1,000,000 1,00D,000 ` Town Lake 357 96125 11007,000 907,000 100,000 • a• Stevonson Creek Estuary Restoration 357 96129 4,641,000 2,674,000 1,987,000 ' Kapok Flood Resolution '357 96141 2,500,000 2,500,000 { Myrtle Ave Drainage Improvements 357 96142 9,100,000 91100,000 Stevenson Creek Improvement Projects 357 96144 173,000 173,000 E Stone System Expanalon 357 961XX 1,000,000 1,000,000 E ' Allon's Creek Neighborhood Improvements 357 961 XX 600,000 600,000 " Alligator Crook Drainage Improvements 357 961XX 1,205,000 1,205,000 ', ; _ 2??2t3.400 16.354.00Q iY 0 Total Planned 04 Bond Proceeds per RIS Updt • 14 & 15) d 2 Li h 22.228.000 18.354,000 _ __6.872.400_ nes , (Sc a I?•vs'.sXLQVlif ti.lWl R W.faM?r"rr'^', a ?. . _ ?` •___ `fix L1. x F •. \..1Yawht..? . :... .. ............. ? .. - .. .?....r... C16 rwater DATE: November 14, 2002 TO: Mayor and Commission FROM: Ralph Stone, Assistant City Manager CC: Bill Horne, City Manager Garry Brumback, Assistant City Manager. RE: Update on Pelican Walk Parking Garage Alternative OVERVIEW At the July 18, 2002 City Commission meeting, the Commission reviewed a number of alternatives regarding parking options for Clearwater Beach. One of the alternatives involved the purchase of property and construction of a 450-space parking garage on the Pelican Walk parking lot east of the shopping center building. The City Commission directed staff to pursue this alternative subject to two conditions: 1) update of the parking demand analysis for the North Beach area. and, 2) negotiation of a contract for purchase subject to adequate demand being defined. Subsequent to this direction, Chance Management Advisors, Inc., was retained by the City to: 1. Determine existing parking inventory, rates, occupancy,' turnover and demand in the Pelican Walk Aria; 2. Review current and proposed development and determine future parking demand; and, 3. Determine financial performance of a proposed public parking facility on the Pelican Walk site. The City Administration and Legal Council also initiated discussions with the Pelican Walk property owner related to purchase of the parking lot. !• DEMAND ANALYSIS AND FINANCIAL FEASIBILITY RESULTS AS A C1.'I'Y- OWNCD GARAGE Chance Management Advisors conducted field surveys for daytime, evening, weekday and weekend peak and off peal: demand during August and September 2002. 't'hese field surveys were further refined using historical revenue data from the City's parking system. Both private and public parking lots were utilized in the analysis. Chance then evaluated future parking demand based oil projects currently approved or under construction and interviewed city staff regarding projected development/redevelopment in the North Beach area. Other factors were also considered including current public parking competition with the I-iilton Hotel lots, current "free" parking on existing properties during hours they are closed including weekends and evenings (i.e. the Sun Trust parking lot), elimination of existing illegal parking, proposed "free" parking for the tenants of the Pelican Walk shopping center, including the proposed Outback Restaurant, etc. Based on the demand analysis and estimated construction, operating and financing costs, two pro formae were developed. One required all garage patrons to pay market rate and one included free parking for the Pelican Walk patrons as prescribed by the current owner (i.e. one hour free parking for all retail customers and two hours free parking for Outback on weekdays and two and one half hours free parking for Outback on weekends). These two pro formae are attached. Pro forma #1 represents all patrons paying market rate and pro forma #2 represents free parking by the Pelican Walk patrons. As indicated, neither pro fornia comes close to breaking even in the first full year of operation including a one million dollar "up front" contribution to the project from the city's parking system retained earnings. Specifically, pro forma #1 indicated a net revenue deficit of $454,327 in the first full year of operation, with projections out to the year 2013 of similar annual deficits. Pro forma #2 indicated a net revenue deficit of $710,734 in the first full year of operation, with projections out to the year 2013 of similar annual deficits. The estimated construction costs used by Chance Management totaled $14,883 per space. City Administration has been approached by several parking garage contractors who indicated this figure was high in their estimation. In order to gauge the impact of significant cost savings associated with construction, Chance Management ran a pro forma using a construction cost of $10,000 per space. At this level the first full year annual deficit was $272,025 for pro forma #1 and $528,432 for pro forma #2. City Administration developed an internal staff team to review, critique and define alternatives that might improve the pro formae, discussed above. This group included parking system staff, engineering, legal, finance and economic development. Finance also requested bond counsel to evaluate the alternatives. The defining factor that is the weak component of a garage zit this location is the poor demand for this site by beach goers. The consensus related to these alternatives was that staff was unable to identify an . alternative which would be fiscally neutral and not require long-term financial support from the City. 17 City administration has met with the Pelican Walk property owner and shared the results of the demand analysis and the financial feasibility. POTENTIAL OPTIONS City administration has developed two other potential options utilizing the Pelican Walk, parking lot. These options have varying degree of risk and neither option involves the city purchasing the Pelican Walk parking lot. These options have been developed to illustrate a range of feasibility utilizing this specific site. It should be noted that the Pelican Walk property owner currently has not agreed to either of these two options. Option ##1 - City Lease Back of 180 Spaces Under this scenario the Pelican Walk property owner would build, own and operate a 337=space parking garage in which there would be 67 spaces on the, ground. floor and three levels of 90 spaces each.. The city would lease 180 spaces (two levels). for $1,500 per space for a term of 15 years resulting in an annual cost of $270,000 annually. A condition of this option would be for the city to obtain annual "subscriptions" for' 50 spaces at $1,500 per space from surrounding users that have parking deflciencies such as Clearwater Beach Hotel, Heilman's, Frenchy's, etc. This would generate approximately $75,000 annually. The city would also apply the one million dollars from retained earnings from the parking system to be utilized in the most "fiscally feasible" manner possible, i.e. simply applying this amount over fifteen years at an assumed interest rate of 3.5 % of the) unpaid principal would allow a payment of approximately $83,889 per year. Other potential sources of revenue would be as follows: $32,000 annually from beach goers per the Chance demand analysis, $8,000 annually from increased enforcement of illegal parking in the demand area per the Chance analysis, and finally $45,000 annually from the reallocation of beach parkers resulting from the construction of the.Beach Walk project per the Chance demand analysis. The summary of these sources is: $270,000 Annual lease amount -75,000 Annual subscriptions for 50 spaces -83,889 $1,000,000 contribution spread over 15 yrs a 3.5% -32,000 Beach goers revenue -8,000 Parking Enforcement -45,000 Beach Walk relocated parking $26,111. Deficit per year Key assumptions regarding this option relate to the risk involved in a minimum of 50 private subscriptions annually and the timing and real impact of the Beach Walk project.' Absent these revenues the annual deficit would rise to approximately $146,111. This scenario also assumes that all of the identified revenues would flow entirely to the City. Option 02 - City Purchase of 100 Spaces in a Condominium Form of Ownership Under this scenario the City would utilize the one million dollars from retained earnings from the parking system to purchase/own 100 spaces in a parking garage constructed by the Pelican Walk property owner. Tile size of the garage in addition to these spaces would be at the discretion of the property owner, but would at a minimum include the existing'number of parking spaces in addition to the 100 spaces the city would purchase. This proposal would be conditioned on the property owner agreeing to a purchase price of no more than $10,000 per space. The city recurring costs would be the proportional cost of operating and maintenance of the garage. The city estimates these costs to be approximately $900 per space annually for a total of $90,000 annually. The city would attempt to develop as many subscriptions to these spaces as possible. As indicated in Option #1 above, if the city were successful in 50 subscriptions per year this would generate approximately $75,000 at $1,500 per space per year. Also as indicated above, based on the Chance Management analysis the city is projected to realize an additional. $32,000 annually from beach goers and possibly $8,000 annually from parking enforcement. If these three sources of revenue were realized the total would be approximately $115,000 annually, which would exceed the $90,000 per year projected operating and maintenance costs. ADDITIONAL CONSIDERATIONS The two options identified above would leave the property and any future private improvements on the tax roll. The assessed value of the types of structures and arrangements identified above have not been evaluated at this time. Secondly, the option of a lease back or condominium ownership of public spaces raises the question of ' . competing alternative locations that might provide stronger beach parking or shared parking, i.e., if the city is not going to purchase property and construct a garage, would there be other owners in this parking trade area that might be interested in these options. The Pelican Walk location has been recognized in previous Commission discussions as a location to provide parking primarily for the redevelopment of the Mandalay Avenue retaiVrestaurant corridor. Although the demand analysis for a 450 space garage owned/operated by the city is not feasible in this location, there remains the general perspective that the overall area is experiencing much needed redevelopment and that there are existing and future parking demands that, if satisfied, would have a positive impact on this area. The Chance Management analysis has refined the perspective that "beach goer" parking is location sensitive. Given that the overwhelming percentage of the parking system annual revenue is generated by beach goers vs. retail/restaurant or other users, a different strategy may be required. Administration would also note that there tire significant illegal and substandard parking spaces that need to be eliminated. This issue was identified during the recent report regarding transfer of the enforcement operations from the Police Department to the Parking System. Administration intends to implement enhanced beach parking enforcement as soon as the staffing is available. 4 Finally, it should be noted that the. significant work that has been done on parking ' alternatives on Clearwater Beach during the last four years has led to certain conclusions -that can be reached: 1) Responding to needs to increase public parking inventory on, the beach cannot be satisf ed without significant subsidy. if the alternative locations are "inferior" non-beach locations; 2) ln'addition to inferior market locations, the price 'of these properties is extraordinary for a parking garage project 3) The location of "free" private parking in the rights-of-way on most of the interior blocks on north and south beach create' "artificial" artificial value for these properties; and 4) Given the financial considerations and hurdles that have been encountered on both North and South Beach, it may be prudent to considered sources of supplemental funding, such as a special assessment district, that would directly benefit and be funded by beach properties.. RECOMMENDATION Administration recommends that the Commission review the alternatives identified above and provide direction regarding public parking at,the Pelican Walk location. Attachments: ' . Pro Forma #I Pro Forma #2 Chance Management - Pelican Walk Parking Demand and Garage Financial Feasibility Analysis dated November 2002 s , C O A ?J C V V C LL. q _C L } c G m yO V W N q W C7 C n 0 n a z C] ? O b ? fl L] Q. [l. q7 O fG •1 N 1 ? 7 C'1 ? N ? ? O O [7 14 u ? ? i r •j y N y N VP V/ W N W N N N N ?N?pp O n ??Ry}? iT 'd '1 In N IO 4 m 1h M W ? R_I L7 Op r- p7s ,boy z r V! b p 23 O a? pl V "' M S r f4 CI r O p f 7n 0 in tg p Ta 9 O? [T v ri N N N A N N y y N W 60 N n Qp?? f0 typ •f [ R ( N M1 6? g p ?C P C?1 Q S, f? pp N 11 in p.{p •f Ln r 0 1 O ^ r N 1L) Oi V O itpC 10 V O ? 1li l r V1 N in N N VP N N N N M N M .- c ti N 0 O to W N N r°? v 1 . m d ?rny N fN/ m 1 C1 O 0 O O ep 91 r d to V N m 4 W 04 T -i ?A ['1 p ?7 01 p ? lV ?! R W ?!Y ( p V7 ?f ? ?p { ( y l'9 In q ^ OI 9 G Y O r ? N N N N N y N N N W M? N qq1 ?N?pa O n Iym? C•7 N 9 p V N r Oq 4? 8 m O? 70 D •? C Y O W pNj O t0 r T N K e•?? q ?a''lJ p p IO yy Iq O N Y?1 u7 •T ?t 7 [ p a M i'i f? o r ? y N N N N N N N N N 0 M ???yq+ m ~ 7N? ??pp ' .Vp? CV y O4i ? Q •N^ N Omi O CN ? ' tCA I? f tp O N ri o M r v ui C ?'i r , ?N ? W ? 2 , Co R ? T r`3 T m ...!!! O e ? N N N N N 16 * 1 N M N N N Q N y O n at OI ? Ln 0 m p? +N- t y A ' Ln i e?p Y7 ?' y? OCO D r O G N a e. G N1 1h ?_ [;•f a N td n y ? 1 1?•1 QQQ 111 ,!1 Ir p r C V v! Cf M r V! Y/ N N N y N N N V1 y V? 11Q?p CPO, O to - N Tp O 1 p?? Q1 v r ^ trp r?i o vet ?D O ?0 V O ry OR r-j 03 r c LO r -t N cJ i ? 2 CO to P4 in ' +a Cur V Uf T Gn V1 N N W/ N N N N YI {Y? Y? N to 11+p? 'O V! 1n O? v Fyn r .p} O? 1K rl i f• Lo .- V p C? n Y7 ?Cr i$ `r 1i1 m O N h r N , r v ~ ^ m , n Ch '7 ??t7i 0 x Knpi O, r V1 vl 7 1 ` A N N N V I N y y N N N N poi lp p N /? p a -0 C D 2 0 N Ln 8 ?1 y. m r~ , 7• S7 N N P (? W c1( y Y'i 1fi 1? ?['f W ? Qi N m ? ? ; m m r r w N t' N N N N N N N N N N y Uf O Ul z a w a } c? n a e' a ? ? a n x C w r ' p C y uu?? u G ? ?A ?d l O PRO FORMA #1 N 41 10 W N N Sc R c O N ns r`C,z ta r` 1t0_ to b in r E-. n CO N N N V? N 4^ 0. 9 LU •? e.O r- ? w _ G o y pp 430 0 U n R 6 E U s s I CHANCE Management Advisors, Inc. V•8 City of Clearwater Parking Demand and Garage Financial Feasibility Analys4 N } r? F? .J U r1J a Q z t? V (L O ~ Q i+`!, o) mt 90 y{ Y rv 9 r pal 4 N 1r1 r H ? f Ct Chi ?- C O kn N N i" a -f gqpp 1p7?? S1 1? ° N r O L 1/I N N N N N N N N N N N Y f??Y N m O Cq vl O n ?? Q R 4 N N e p.?? p p O t? N C m 4.r y1?? +eD K VI ?p co a N K Mf11 O t r) 10 N N N N N N N N N N N p7 yy "1 -f W N p v9 ? ? ? 1 f0 Y7 iG O ° ? ? 4 N >a a ° r Y +ri 1ri Y T t'i 1?i o ° , ' ? $ K u 11 N YI N N N N N N N N N N N °' rnti m 1 5 ? 2i m mq d m ui Q$ 0° 3 r? $ u c ° I? N .r N N N N N N M N N N :d 'o? o" i r g d? 2 5 °? '+oB o q rl C Q? m ill TY' f p q Q 1 ° N 10 ? ? N ? p 1 !? Y r) 1A Y 1!f , Qg 1 ? ° 4' G N pj N N N N N N N N N N H 88 N ? O 1°- C P o y Q17 N N C ? r 11'F Yi Pf r R , ? y 0, 7 10 ? O t+l vi f vl ry q ,'? ° OI P{ rt N N N N f N N N N N N p e.r f` 1110 n tl? N Cf .i N ? eo o; un? !Q ?7€ f ? ?n r`? ?[i ai P M 4 Q ° rpD h Ln C4 r7 , 0.0 in N 1 Y 10 to N ?? N r N IJ N 44 N &9 N N N N N N N ?p U w 10 N e??0 ?D r? y11-?? ri b S rl ° n 1n a co In rn K 11R `° N ° 'uS ? rn Ip r.. Y N N N N N N N N N N N R p N y7 Y7 I 10 A r. 1 Q! 1!1 00 7 n CO 6 A If: q 1 1p Yl 10 1~+ f? ri 9 IM a in rn ca r7 ai N N N N N N N N N N N ¢Q , g M m "a m g s 7 * ? t+l N l`l N r7 O+ 1'1 N . Oi so . j M F3 M! ' ! L: N N M N N N N //I N N N N N N N N N N N N VI in W w h 4 L z ? r CL g 0 oW = L r 8 y ° e ? as .?= ?' 1 + N uu u? L PRO FORMA #2 O ? M It7 ? N Q. $ J ea Y r` CO N to N V? 1A N N u u Q i u w o LL U. r u J °'sa wffirl 1 ? ? r- O 0? n g n 3 E9ERE CHANCE Management Advisors, Inc. V-9 City of Clearwater Parking Demand and Garage Financial Fe" Wily Analos CITY OF CLEARWATER Clearwater; Florida, Parkin Demand ' g ' Pelican Walk and Garage Financial Feasibility. Analysis.' November 2002 02-'638 -CHANC.El J':J J J Z .J J j.j , ? MANAGEMENT ADV#5085, INC. I TABLE OF CONTENTS ' Section 1. INTRODUCTION 1-1 • II.- EXISTING PARKING CONDITIONS II-1 ' Definition of the Study Area li-1 Parking Supply: Public and Private II-1 Parking Demand, Occupancy, and Turnover . 114 Parking Rates II-1 i ' V' '•. .' Ill.' FUTURE PARKING DEMAND AND ADEQUACY 111-1 Changes In Public Parking on Clearwater Beach ' . III-I' Future Developments III-1 Estimated Future Adequacy of Public Parking, 111-2 ,.I IV. PROPOSED PELICAN WALK GARAGE IV-1 Garage Size and Design IV-1 Estimated Garage Development Costs IV-1 V. PARKING GARAGE FINANCIAL FORECASTING ANALYSIS V-1 Effects of Tourist Seasons V-1 Garage Pro Formae V-1 ' Supportive Actions to Promote Garage-Use V-14 TABLES AND FIGURES TablelFiaure MAP 1: The Pelican Walk Study Area 11-2 FIGURE 1: Study Area Parking Supply, II-3 TABLE 1: Survey Schedule II-5 FIGURE 2: Peak Weekend Parking Demand at Pelican Walk Parking Lot I1-6 TABLE 2: Private Parking Lot Occupancies in the Study Area II-7 ` TABLE 3: Public Parking Lot Occupancies in the Study Area II-9 TABLE 4: On-Street Metered Parking, Occupancy, Duration, Turnover & 11-10 Unregulated Curb Violations ; TABLE 5, Summary of On- and Off-Street Parking Regulations and Prices II-12 ,TABLE 6: Peak Patrons in Garage - Estimated for 2006' V-2 TABLE 7: Pro-Formee Comparison ' ,. V-3 I TABLE 8: Estimated Operating Costs with Cashiers V-4 TABLE 9: Estimated Operating Costs with Pay-on-Foot Technology V-5 f PRO FORMA 1 V-8 PRO FORMA 2 V-9 ' PRO FORMA 3 V-10 PRO FORMA 4 •.. V-11 I . PRO FORMA 5 V-12 I PRO FORMA 6 V-13 f I i. INTRODUCTION This report presents the results of a parking supply/demand analysis and financial forecasting effort for a planned 450-space parking garage that the City of Clearwater wants to construct in the northern portion of Clearwater Beach, The intended site is located at the rear of the Pelican Walk commercial development, at the Intersection of Poinsettia and South Baymont Streets, and presently serves as a surface parking lot for Pelican Walk. The City of Clearwater retained CHANCE Management Advisors, Inc, (CMA) to perform the analysis. CMA Is in its eighteenth year of providing management, financial, operations, and planning services in the areas of parking, transportation, and access management. The firm has served government, private, institutional, and special event center clients in over 30 states across the country. - The firm previously provided consulting services to the City of Clearwater as part of a team completing a Downtown Parking and Traffic Study in May 2002. The project was organized into the following major tasks: d determine existing parking inventory, rates, occupancy, turnover and demand in the Pelican Walk area; * . review current and proposed development and determine future parking demand; and s determine financial performance of a proposed public parking facility. A beach garage in an area primarily devoted to tourist activities requires a more complex forecasting analysis. Peak times in an area such as Clearwater Beach are weekends, not weekdays, spring and summer, not fall and winter -- generally speaking the reverse of many municipal garages. Thus a considerable amount of analysis was devoted to Identifying the number of peak weekend days, peak weekdays, and the exact months of the peak season.. ' A study area was established within a three block radius of the Pelican Walk parking lot (approximately 1,000 feet in a northerly direction, to Bay E=splanade, and approximately 1,500 feet in a southerly direction, to the base of the 300 block of Mandalay Avenue, just north of the traffic circle). The study area was determined by assessing the likely distance from the garage that patrons would walk to desired destinations. To support the firm's financial forecasting, it was necessary to assess present and future parking demand In the area. This was done by conducting comprehensive parking activity studies at peak and non-peak representative limes. The activity studies generated statistics on parking occupancy, vehicle turnover, and illegal parking and enforcement rates. Data from two previous parking studies concerning the area were reviewed, including the November 2001 Financial Analysis of Parking Garage Alternatives, prepared by PARSONS, and the April 2002 Pelican Walk Parking Garage Alternatives, conducted by the URBITRAN GROUP and CHANCE Management Advisors, Ind. Historical parking revenue and enforcement statistics provided by the City were also reviewed. The recent history of parking regulation and enforcement activities was discussed with City operating officials. Telephone Interviews were conducted with City economic development officials to determine the anticipated future development activity that might affect parking demand in the study area. Estimates of demand were generated for those developments that are sufficiently underway to consider as real contributors to parking demand. Finally pro formae were created to express the assumptions made about the garage development, and to Illustrate scenarios desired by the City. Garage construction costs were taken from a recent study done for the city of potential garage designs for this site. CHANCE Management Advisors, Inc. gratefully acknowledges the assistance of City of Clearwater employees who helped with data collection and observations, the Assistant City Manager, the Finance Director, and the Parking Facilities Manager and her staff during this project. CHANCE Management Advisors, Inc. 1-1 City of Clearwater Parking Demand and Garage Financial Feasibility Analysts II. EXISTING PARKING CONDITIONS Definition of the Study Area The Pelican Walk study area Is situated in the "North Beach" area of Clearwater Beach, and is encompassed by the following boundaries: Bay Esplanade to the north; East Shore Drive to the east, the Causeway Boulevard to the south, and North Gulfview Boulevard to the west. Pelican Walk Itself Is situated in the approximate center of the study area, between Mandalay and Poinsettia Avenues, just to the south of Baymont Street, as shown in MAP 1. The study area is home to numerous motels (mostly along l=ast Shore Drive and Poinsettia Avenue), several locally popular restaurants, a 400 room Hilton Hotel, the long-standing Clearwater Beach Hotel, and a variety of beach-oriented and other recreational-type commercial establishments. An Eckerd's Drug Store is located just south of the Pelican Walk complex. Recent developments along Mandalay Avenue have witnessed the construction of two high-rise beachfront condominiums, while a third 200-unit condo (located just north of Pelican Walk) is in the first stages of construction. The study area encompassed approximately one-tenth square mile, containing 2.18 street miles (4.32 curb miles). Public transportation within Clearwater Beach that, Includes service to the mainland is provided by The Jolly Trolley, a private shuttle service funded in part by City funds and a nominal rider fee. The peak tourist season is in March and April, due to a combination of factors including Spring Break, Easter vacations and the presence of professional baseball spring-training complexes nearby. The next highest months for tourism extend from May through just after the Labor Day holiday, with visits declining from September through the JanuarylFebruary timeframe. Parking enforcement services are provided by the Clearwater Beach Police Department, through the daytime and weekend patrol of a Police Services Technician (PST). Only one PST has been assigned to patrol both the North and South Beach areas for at least the past four years, due to staffing reductions and the assignment of non-enforcement tasks to existing PST positions. The typical day's patrol covers In excess of 1,000 parking meters, from North Beach south to Sand Key Park. The large size of the patrol area effectively precludes enforcement of several thirty-minute and one-hour timed parking zones within the study area. Likewise, parking safety infractions, which generally are of a brief duration, may receive only sporadic enforcement. Parking Supply: Public and Private Parking within the area is provided through a combination of City parking meters, both on street and in four principal off-street lots; time-limited non-metered on-street spaces; private off-street parking lots (including the 102-space surface lot behind Pelican Walk), and through unregulated on-street spaces. FIGURE. 1, provides a chart illustrating the composition of the study area's legal parking supply, Including those spaces on street that are unregulated, and private off-street locations. In total, the study area oncompasses over 2,000 parking spaces, approximately two-thirds of which were located in private parking lots. CHANCE Management Advisors, Inc. . 11-1 city of Clearwater Parking Demand and Garage Financial Feasibility Analysis City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS MAP 1: The Pelican Walk Study Area , .A 411',!°? 4r LOT LOT 3$ 3 6 t'"' , y PELICAN r is ~WANK .' GARAGE ? 1? ° ? ' • ,_? SITE LOT 35 ?? r?,,t?. = ?,`"'?, LOT 34 ? k i .L jik? gyn. 'AAK CHANCE Management Advisors, Inc. II-2 City of Clearwater Parking Demand and Gnraya Financial Feasibility Analysis City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS FIGURE 1: Study Area Parking Supply © Metered Lot (273) ¦ Metered Street (65) o Timed Parking (no meters) (30) © Unregulated (surveyed) (21) ¦ Other Unregulated (300) ? Private off-street (1,351) m 66% CHANCE Management Advisors, Inc. Within a three block radius of Pelican Walk, each of the above types of parking may be found. Two City- owned metered parking lots lie several blocks north of Pelican Walk and primarily serve beachgoers and restaurant patrons, and include Lots 36 (145 five-hour meters) and Lot 38 (80 five-hour meters). Each of the lots Is priced at $1.00 per hour on weekdays, and $1.25 per hour during weekends; weekday meter parking during March and April also is priced at $1.25 per hour. Lot 38 primarily serves as overflow parking for Lot 36, which is the most highly occupied of all lots in North Beach. Lot 36 meters are operational from 6:00 a.m. to 1:00 a.m.; while Lot 38's meter regulations end at 6:00 p.m.. Similarly priced on-street parking meters are adjacent to both lots, Including both sides of 500 Mandalay Avenue (two-hour and five-hour meters), and 50 Bay Esplanade and 30 Rockaway Street (each with five-hour meters). Parking on the lower portion (the 300 and 400 blocks) of Mandalay Avenue is served by Lots 34 and 35, which contain 24 and 25 meters, respectively. Meters operate from 8:00 a.m. to 6:00 p.m., Monday through Sunday, Lot 34 contains a mix of two-hour and five-hour meters, while Lot 35 contains only five- hour meters, Just south of Lot 34 and running along the east side of Mandalay Avenue, two-hour meters provide customer parking for the adjacent commercial establishments. These meters also stop operating at 6:00 p.m.. One-hour time limited (non-metered)'parking is located on the south side of Baymont Street, between Mandalay Avenue, east past East Shore Drive, and serves restaurants and other commercial establishments. Both one-hour and 30 minute time limited parking Is also provided on the east side of Poinsettia Street, adjacent to a hardware store, just south of Papaya Street. CHANCE Management Advisors, Inc. 11-3 ' My or Clearwater Parking Demand and Garage Financial Foasibllily Analysis Private parking areas abound in North Beach, with more than 1,300 spaces located on hotel and motel properties, and those adjacent to restaurants and other commercial establishments. The Pelican Walk parking lot accounts for only 7.5 percent of the private parking supply (102 spaces located behind the complex), with access to and from Poinsettia Avenue. This lot is signed for the exclusive use of Pelican Walk customers, although It appeared during the CMA's parking activity surveys that beachgoers were also parking there on occasion and little enforcement was in evidence since the lot was never full. Numerous unregulated on-street parking opportunities also exist. In the mid to late 1990s, the City began a program to remove a number of the no-parking restrictions that were previously located along streets and avenues in North Beach in an effort to promote tourism and provide additional parking. Enforcement activity was similarly reduced with the removal of the signs. The parking violation effects within the study area have been difficult to quantify, as there is no proactive program of on-going parking activity studies. However, uncontrolled parking conditions along side streets and avenues would naturally contribute to the jammed traffic and parking conditions or "gridlock" during peak periods (such as Spring Break) that were,reported by enforcement and other City officials contacted during this study. Moreover, unregulated parking would have a negative effect on potential patronage of any public parking structure being contemplated, since people will park in free unregulated spaces before patronizing any paid parking. Parking Demand, Occupancy, and Turnover To gauge existing parking demand through the analysis of occupancy and turnover statistics, parking activity surveys were conducted by CMA staff on two different weekends, over the following areas: City-owned metered parking Lots 34, 35, 36 and 38; ¦ All metered streets in the study area, including Bay Esplanade, Mandalay and Rockaway; and * Streets that were regulated for timed parking (Baymont Street and Poinsettia Avenue). In addition, unregulated blocks and streets were also surveyed repeatedly for vehicles that potentially would have been In violation had no-parking zones been In effect, including the south side of the 30 (unit) block of Rockaway Street, the north side of Baymont Street (between Mandalay Avenue and East Shore Drive), the 20 (unit) block of San Marco'Street, west of Mandalay Avenue, and unregulated portions of East Shore Drive and Poinsettia Avenue. Obvious parking safety infractions were noted, as appropriate, and counts of observed tickets were recorded. Finally, repeated occupancy counts of private parking lots were conducted to gauge overall parking demand for these areas. All surveys were conducted with the assistance of City personnel, who provided technical guidance on enforceable violations and policies, anecdotal accounts of normal and peak parking conditions, and who otherwise facilitated the survey process by driving the surveyors and assisting in the notation of vehicle status. The survey schedule is indicated In TABLE 1. The following paragraphs detail the nature of parking demand In the vicinity of the Pelican Walk complex. They address parking conditions and patterns noted for private lots, public lots, and on-street spaces; both regulated and unregulated, according to off-peak weekday, off-peak weekend, and peak weekend periods, during daytime and evening survey hours. ' Just the number of different types of observations illustrates the complexity of parking demand for a tourist-oriented area. CHANCE Management Advisors, inc. II-4 city of Clearwater Parking Demand and Garage Financial Feasibility Analysis City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 1: Survey Schedule CHANCE Management Advisors, Inc. PRIVATE PARKING LOTS Surveyed maximum and average private parking lot occupancy rates are shown below In FIGURE 2. Starting with the Pelican Walk lot, each subsequent lot Is farther In distance from the Pelican complex. As Illustrated in FIGURE 2, peak weekend parking occupancy at the Pelican Walk lot averaged only 33 percent, and only reached a maximum of 59 percent (60 vehicles parked) during one survey pass. Given the relative day and time (Saturday afternoon) of the peak demand and visual observations of parking patrons, It was assumed by survey field staff lhat'most of the patrons were beachgoers parking in the lot. CHANCE Management Advisors, Inc. 11-5 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis CITY OF CLEARWATER PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS FIGURE 2: Peak Weekend Parking Demand at Pelican Walk Parking Lot 120 T-. Capacity =102 Spaces 100 - ---- 1 f30 ? _ ? . -- 60 -- - 40 0 Sat Day Sat Eva Sun Day Sun Eve Man Day Mm Eve t#ppl Pass 1 33 25 29 27 30 47 ® Pass 2 33 35 27 34 33 22 r =-? pass 3 60 40 27 39 34 --•Capadty 102 102 102 102 102 i02 .. CHANCE Management Advisors, Inc. The daytime survey passes of Pelican Lot, in addition to all passes of the private lot parking supply, were made between the hours of 10:00 a.m. and 4:30 p.m... Evening passes were made between the hours of 6:00 p.m. and 10:00 p.m.. Only area restaurant parking lots, including the Hellman's Restaurant lot with its satellite valet parking area, exhibited occupancy rates consistently approaching or exceeding 90 percent for any length of time, among lots In the vicinity of retail establishments and restaurants. In addition, Sun Trust Bank's parking lot (at 27 parking spaces), was consistently above capacity, with vehicles "stacked" in the drive-through teller lanes. Despite the presence of "customer-only" and "low-away" parking prohibition signs, the Bank (located approximately 1.5 blocks south of Pelican Walk) appears to be a favorite free parking lot for evening and weekend visitors to North Beach. The maximum peak weekend occupancy rate for all lots combined was 69 percent, as Illustrated in the first (summary) rows of TABLE 2. CHANCE Management Advisors, Inc. , 11.6 City of Clearwater. Parking Demand and Garage Financial Feasibility Analysis City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 2: Private Parking Lot Occupancies in the Study Area SUMMATION: ' , - All Private Parkin tots 1,351 Spaces .. wee Average Maximum occupancy: daytime 38% 47% 65% 'Average, occupancy :` daytime 35% 39% 54% _Avara a Maximum occu anc : evening 51% 66% 69% Average occupancy: :evening 46% 57% 56% Pelican Walk 102 Spaces Maximum occupancy, da time 390% 35% 59% Average occupancy: daytime 39% 25% 33% Maximum occupancy: evening 29% 34% 46% Average occupancy: evening 25% 27% 33% Eckerd Drug 32 S aces Maximum occupancy: daytime 47% 75% 94% Avers a occu anc : daytime 42% 43% 57% Maximum occupancy: evening 50% 88% 84% Average occupancy: evening 44% 68% 63% Waterfront Shopping Center 26 Spaces Maximum occupancy: daytime 31% 65% 69% Average_ occupancy: daytime 25% 58% 50% Maximum occupancy: evening 46% 73% 77% Average occupancy: evening 36% 62% 50% Clearwater Beach Hotel 127 Spaces rime lot and two satellite lots Maximum occupancy: daytime 42% 73% 90% Average occupancy: daytime 40% 66% 78% Maximum occu anc evenin 76% 85% 100% Average occupancy: evening 60% 72% 77% Hallman's Restaurant 55 Spaces (including valet parking location Maximum occu anc : daytime 45% 29% 53% Average occupancy: daytime 32% 18% 25% Maximum occupancy: evening- 82% 96% 89% Average occupancy. evening 72% 77% 61% Sun Trust Bank 27 Spaces Maximum occupancy, daytime 74% 100% 111% Average occupancy: daytime 61% 70% 70% Maximum occupancy: evening_____ 85% 122% 130% Average occupancy: evenin 72% 104% 106% CHANCE Management Advisors, Inc, II-7 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis Hilton Hotel 396S aces • oak ay d ken'.. Maximum occupancy: daytime 84% 86% 79% Average occu anc : daytime 67% 85% 71% Maximum occupancy: evening 50% 86% 76% Avera a occu anc : evenin 50% 86% 63% Other Restaurants in Area 71 S aces Maximum occupancy: daytime 61% 61% 72% Average occu anc : daytime 52% 39% 46% Maximum occupancy: evening 90% 94% 94% Average occupancy: evening 84% 75% 83% Motels in Stud Area 320 Spaces Maximum occupancy: daytime 23% 37% 46% Average occupancy. daytime 23% 35% 40% Maximum occu anc : evening 40% 48% 51% Average occupancy: evening 36% 29% 44% Other/Miscellaneous 195 Spaces Maximum occupancy: daytime 43% 40% 47% Average occupancy: daytime 42% 35% 47°% Maximum occupancy: evening 38% 42% 46% Average occupancy: evening 30% 30% 39% CHANCE Management Advisors, Inc. PUBLIC PARKING LOTS Except for Lot 36 (the primary lot for beachgoers and customers of two popular restaurants located at either end of the lot), the three remaining metered public parking lots in the study area reached capacity only at limited times -- generally on weekend days. A sustained occupancy pattern throughout the day or evening was generally not found, as indicated by overall occupancy averages that were significantly below maximum rates. Among the four lots surveyed, Lot 36 demonstrated the most consistent occupancy pattern, with a 98 percent average occupancy rate, across all weekend survey passes (both peak and non-peak). TABLE 3 highlights existing parking occupancy, vehicle duration (or Average Length of Stay), and the Percent of Optimum Turnover (POTO) for the parking lots in the study area. The "maximum occupancy" percentages refer to the maximum observed on any particular survey pass during the period indicated. The POTO (the calculation of which is described in Note 4 to TABLE 3), relates the actual to ideal turnover rates as a percent. Generally, POTO rates within the range of 65% to 150% may be considered representative of effectively regulated parking durations. POTO numbers greater than 150% indicate that vehicles are turning over at a significantly higher rate than would be expected given the parking time limit. Vehicle turnover was generally much higher than expected, given the predominant five-hour regulated parking duration, with the exception of Lot 35, which was nominal. For example, the meters In Lot 36 turned over at more than twice the expected rate (during the peak weekend daytime survey for the five- hour meters), indicating a potential to reduce the regulated time limit to better match parking patterns. (Parking meters In lots 34, 35 and 38 currently do not operate past 6:00 p.m., so in any future parking garage scenario for Pelican Walk, there would be no reason for anyone to pay to park In the garage in the evening as long as free parking were available.) CHANCE Management Advisors, Inc, 11-8 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 3: Public Parking Lot Occupancies in the Study Area SUMMATION: Puhllc Parking Lots 273 Meters ':Off-PeW Off-Peak n 'P V r Average Maximum occupancy: daytime 58% 96% 95% Avera a occupancy: daytime ' 27% 77% 78% Average Maximum occupancy: evening 56°/9 84% ss% Average occupancy: evening 36% 73% 63% Lot 34: 24 Spaces 23 meters Mix of 2 and 5-hour meters; re ufation st o s at 6:00 .m. Maximum occupancy: daytime 26% 65% 91% NOW M Mr Average occupancy: daytime 15% 51% 44% 1.3 hours hours 165% possibly Maximum occu anc : evening 39% 95% 78% , • `` a ' ' ??° fem. Average occupancy: evening 28% 69% 50% 1,3 hours 192% Lot 35: 26 Spaces 25 meters 5-hour me ters; re ulatIon stops at 6:00 .m. Maximum occupancy: daytime 12) 84% 68% I loWiVA Average occupancy: daytime 2% 44% 14% 1.1 hours 59%u NO Maximum occupancy: evenin 0 24 /0 100% 85% _ R.'U' ;i Average occupancy: evening 17% 58% 43% 1.7 hours 124% Lot 36: 151 Spaces 145 meters 5-hour me ters; re ufation stops at 1:00 a.m. Maximum occu anc : daytime 50%a 100% 100% Average occupancy: daytime 45% 95% 100% 2.2 - 230% Yes Maximum occupancy: evening 92% 98% 105% 77, V ;3. ;; :# •Yti.6 ?+E+? rt Average occupancy: evening 58% 96% 82% 1.2 hours 345% Lot 38: 84 Spaces 80 meters 5-hour me ters; re ufation stops t 6:00 .m. Maximum occupancy: daytime 100% 1000/0 95% MWERRUM Average occupancy: daytime 4% 616% 68% 1.6 hours 230% Yes Maximum occupancy: evening 5% 50% 95% ', I> ? `i: •? . r. t '. '' + . Average occupancy: evening 4% 37%. 37% .9 hours 1813% CHANCE Management Advisors, Inc. NOTES: CHANCE Management Advisors, Inc, II-9 City of Clearwater Parking Demand and Garage Financial Feasibility Analysts 11] The Initial survey of Lot 36 was conducted on Friday evening, 16 August 2002. All other lots were surveyed from Saturday morning through Monday evening, 17 -19 August 2002. Friday evening and Monday were considered as weekdays. Rain occurred during Saturday evening and Monday afternoon. (2] Lot 35's entrance on Mandalay Avenue was closed due to construction on Saturday, 17 August 2002. [3] The vehlcles' Average Length of Stay, or Duration, Is calculated by dividing the total number of space-hours (that Is, the total number survey pass observations made of all spaces) by the number of occupied 'space-hours"; the result Is then multiplied by the ratio of the survey's length (in hours) to the number of survey passes. (4) The Percent of Optimum Tumover Is calculated as follows: # Unique Vehicles. + # Unique Spaces, or Actual Turnover Length of Survey + Length of Reg, Optimum Turnover ON-STREET PARKING METERS AND UNREGULATED SPACES Metered blocks surveyed included the 300-360, 500 and 550 blocks of Mandalay Avenue, and the 50 (unit) block of Bay Esplanade. These blocks contained a total of 64 meters, with five-hour parking being the predominant regulated duration, except for two-hour meters that were located on the east side of 300 Mandalay, and the west side of the 500 block of Mandalay (between Baymont and Rockaway). The blocks demonstrating the highest consistent meter occupancy pattern were the 300-360 block of Mandalay Avenue, and the 30 (unit) block of Rockaway St., which typically were occupied near capacity during most survey periods. However, the average meter occupancy for all on-street meters was 82 percent for two-hour meters, and 58 percent for five-hour meters. Existing occupancy of on-street parking meters in the study area, as well as the peak weekend durations, turnover, and numbers of vehicles parked illegally or on unregulated streets daily, is shown below in TABLE 4. City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 4: On-Street Metered Parking Occupancy, Duration, Turnover & Unregulated Curb Violations P 'W .. Jrn,u . Day, e shour 1.8 hours 89% met Day, 5 -hour .7 hours 1 200% f o i - M 38% 94% 98% meters ax mum occupancy o n street meters (single pass) Evening, 2- 1.3 hours 127% hour meters Evening, 5- 4 hours 1 281° hour meters . ??? ' l ':era; ' ry i ? i ' Number of unregulated street 13 17 25 ; 1 .SL '",4 ?: t. . I?r•s . ,1 uii :4.. i'V;'+? ;•.; ;: ,? ='la?r :fir , ?:. •;=. ? ? 't: curb violations ?, ,. ,. .: ,,. ..a, . , ,... CHANCE Management Advisors, inc. As with the off-street metered lots, the relatively high Percents of Optimum Turnover for five-hour meters, in addition to the average durations of approximately two hours, indicates the potential to reduce the regulated parking time limit for five-hour meters. It should be noted that although meter regulations were CHANCE Management Advisors, inc. II-10 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis not in effect after 6:00 p.m, on certain streets, the prevailing meter time limits were used in the turnover calculations. Parking Rates At the present time, the parking meter rate at three of the four City-owned lots (Lot 36 being the exceptionj,at $1.00 per hour on weekdays and $1.25 per hour on weekends, appears appropriate given the satisfactory parking occupancy, illegal parking, and percent of optimum turnover rates observed, which were well within established parking industry norms/ranges. In addition, the meter violation ticket fine, at $15, appears to support the hourly meter rate, but may be low when contrasted to the $8 to $10 parking fee charged at the Hilton Hotel parking lot for open beach parking. However, the excessive occupancy observed at Lot 36 (well above 95 percent) would indicate a higher meter rate would be appropriate at this location. Adjusting this rate, in concert with potential parking customer guidance signs and focused shuttle support, could have positive affects both on parking conditions at Lot 36 and a garage at Pelican Walk. The violation capture rate observed in Lot 36 during the peak weekend period was well below the 33 percent that would be considered a norm for most parking management programs. As previously stated, Police Services Technician staffing levels are the major contributing factor to this condition, which would need to be remedied in order to promote patronage of a new garage. TABLE 5 provides a summary of the on- and off-street parking regulations and prices. Each "tier" of the table shows the primary, secondary and tertiary regulation, respectively, that Is assigned to the type of parking space indicated for the streets listed in the first column of the table. The number of spaces refers to the number of regulated spaces (for example, meters). In addition to providing a summary of the streets on which detailed parking activity surveys were conducted; TABLE 5 illustrates the variable regulations and rates that the City has used to help better manage parking at peak periods. Weekend parking meter rates Increase by $.25 per hour over the weekday rate, equaling the daily hourly rates that are set during March and April. This Is'an effective strategy that should be continued In any future increase to the City's base meter rate. CHANCE Management Advisors, Inc.. II-11 City of Clearwater Parking Demand and Garage Financial Feasibility Analpuis 5 n. 79 eL W 9 Q Q Liz ' 1 i ' . : N Ln LA in N '8 N = n n 8 ri ry,CIt N r. ' ; N H i N N' N N N N N' W r f f I ? j ? ?! ? i C i ;p?p; O tu f CL k0, '?? 1,? ?ta' ipap3 ? a pa 0, O. I 8:8 Qi&S $ $?$i tG m to le' to 0 I fa tai 3 , m ; -, 5 si Ep?, o?? $ 8?8?8:8 8 8 7 W 101 I i ip tD I id c?i W dO is .6. 40 0? 5 I I F I 1 ' i l l? i g gi lt§ I Z i I U3. i [V 1 I!ii N u1. Y1 of u1 I 6I1 N ! I I I i i k i i Nk ? pp1 MI 8? N•M 8 N ti q Y? 8 N $$?8 NI NIN S I]{S[ I I ? i I ! { I I ? 3 k IT' k ? € I ? ? 61 $ o 61 I ?? ' i 4a1 I Vim a,a 818 a 8 ?? $ a $ a?? 8'8 € 1a 81 4 i ! i I Q?Q' 1 ? S ?1 ? R?o f . • 4?4f? ? pp{ ?I ?I r o?' II ?p? ?Qi11'i11 ?I S? I w i l i i i I l I O ?? ?1'?.FS tp ? to O m 0 III O id I Oii YI? Lai IV i l 3 ?.I. A r ^ tnj-r V: In w trtj I alcu?lt $i r ' ! . , I i I I i l l k ? I l f I ja ? pnii T I I I C" - I I w? , i l ? f I ? I t ? ?s?•II { ???I ?' sl ?11 Si ?R, ??? ?: ?i ? ? i wlzi0, U)iW,W w w ?k3} N I c C!?i t'tf dl ?j' ' x E I I 1 i 1 i III. FUTURE PARKING DEMAND AND ADEQUACY Changes in Public Parking on Clearwater Beach As part of a North Beach revitalization effort, a number of significant changes have taken place along Mandalay Avenue, north of the Pier 60 Drive and Causeway Boulevard. Additional changes are being planned for South Beach that may also have an affect on North Beach parking. Earlier in 2002, parking meters along the 300 and 400 blocks of Mandalay Avenue were permanently removed, (between the Hilton Hotel, north to Baymont Street on the west side of the Avenue, and along the east side of the Avenue beside Pelican Walk). This was to permit the sidewalk's widening to improve pedestrian walking conditions along the east side of the Avenue. It is anticipated that there will be a net reduction of 40 on-street metered spaces upon the completion of construction and the reinstallation of parking meters in the area. Also, the City's Parking Facilities Manager has indicated that two small plots of unused ground at the base of Poinsettia Avenue and East Shore Drive are being considered as potential locations for parking meters. The City of Clearwater Is also planning to modify a portion of South Gulfview Boulevard, creating a "serpentine" road along the beach. This redevelopment will displace approximately 270 parking spaces currently located'in the area. Approximately 210 replacement spaces are expected to be created in an agreement with a developer in the South Beach area. This agreement will essentially allow the City to use a parcel of land as a parking lot, with the possible option of converting this land to a parking structure later. During and after construction of the "serpentine" road, there will be a net reduction of about 60 spaces in the South Beach area, which could result In additional parking demand In North Beach as a segment of South Beach patrons seek alternative parking locations for their recreational activities. Future Developments There are three noteworthy developments currently under construction in the Pelican Walk area. These developments Include the following: ¦ the Mandalay Beach Club condominium, a 150 unit high-rise nearing completion, located at on San Marco Street and Mandalay Avenue; ¦ the Belle Harbor condominium project, a 200 unit low-rise project under construction at Mandalay Avenue north of Baymont Street; and . al the leasing of 6,300 square feet of space in the Pelican Walk center to Outback Steakhouse, a national upscale steakhouse chain that, according to the Assistant City Manager, will begin construction early 2003. Other less specific developments are in the planning stages and may or may not occur, according to the City. These developments include a reorganization of retail space planned for the west side of Mandalay Avenue between San Marco and Papaya Street. The street is currently home to a liquor store, a bar, and various other retail establishments. This development would create nicer storefronts with more attractive retailers, but it is not projected to add to parking demand since plans are not detailed enough at this time to make any projection on increased parking demand. Other proposed development would create condominiums and possibly restaurants in the area east of the beach, south of Baymont Street. Though there are numerous developments under consideration or in the planning stages, CMA does not believe that any of these developments will affect parking demand in the Pelican Walk area. Both condominium projects under construction are providing ample parking for their residents. CHANCE Management Advisors, Inc. III-1 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis Belle Harbor is providing 405 spaces of parking, while the Mandalay Beach Club is providing 260 spaces of private parking. The minimum parking to be provided by condominium developers, according to the Tourist District zoning regulations, is 1.5 spaces per unit. Thus, both condominiums exceed this requirement, and are expected to have more than enough parking for their residents and visitors. No condominium residents are projected to require any other parking spaces. The proposed condominiums would undoubtedly have ample private parking as well, since a lack of parking for residents would seriously affect the ability to finance the projects, as well as the sale price of any proposed condominium units. Perhaps if a "destination" restaurant were built in the area, more parking demand would be generated. But again, the restaurant would probably build parking to accommodate customers. The Outback Steakhouse development will have the most effect on parking demand. This is a nationally recognized restaurant, and it will attract a wide variety of patrons to this end of Clearwater Beach. Although the restaurant square footage is not really large, it is anticipated that at least two seatings will take place most evenings that the restaurant Is open, particularly during the peak season months. The parking demand associated with Outback has been estimated In Section V of this report. A last future development to consider is the potential leasing of the remaining 7,000 square feet of vacant space in Pelican Walk, although this would not have a substantial effect on parking demand unless a destination retail or restaurant were to lease this space. CAM is unaware of any potential tenants for this space at the present time. In addition, considering that this space represents less than 20 percent of the gross leasable area of Pelican Walk, a significant increment in parking demand would be unlikely. Estimated Future Adequacy of Public Parking The addition of the Outback Steakhouse in Pelican Walk will place a strain on the existing 102-space surface lot during peak parking periods, as it is anticipated that more spaces than exist in the lot will be required to support Outback patrons and employees. Customers will likely seek parking on surrounding streets (Poinsettia Avenue, East Shore Drive, Mandalay Avenue above Baymont Street, and both sides of Baymont Street itself). This overflow could create problematic pedestrian and vehicular traffic conditions in the immediate area of the restaurant. In addition, the continued presence of one-hour parking now on the south side of Baymont Street, east of Mandalay Avenue, could cause safety problems as vehicles back out of the angled parking spaces and into oncoming traffic. CMA also projects that due to the displacement of parking in South Beach during the serpentine construction project, it may be possible that on a typical weekend, up to 180 motorists may seek alternative recreation and parking In North Beach. Sixty spaces will be displaced due to this project, and CMA has estimated that each of these spaces is occupiod by three different vehicles during the day. These would be people intending to visit South Beach, but because of the construction and reduced parking spaces, they may seek a different location. CMA has estimated that when the construction project is finished, (currently anticipated to be Spring Break 2005), it is possible that at least half of these customers will return to their usual destination and remain In South Beach, while the remaining half (representing approximately 90 vehicles daily on weekends) may choose to continue frequenting North Beach for its own unique appeal and because they have gotten in the habit of parking and visiting there. Additional factors that could also affect the future adequacy of public parking In North Beach must be considered in the realm of possibility, as opposed to probability at this point in time. For Instance, should Sun Trust Bank officials begin aggressive enforcement of the no-parking restrictions on the Bank's private lot, or bar its entrances altogether during non-operating hours, upwards of 90 motorists (on a peak weekend day) could be searching for alternative parking In the area, Any future development along East Shore Drive would definitely affect parking requirements, although at the present time development plans are uncertain. CHANCE Management Advisors, Inc, III-2 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis As Hilton Hotel occupancy fluctuates, the Hotel's policy of selling beach parking during periods of low room occupancy could represent either a relief wive for congested parking conditions or competition to a City-owned garage. Also, If the City were to install additional parking meters at the base of East Shore Drive, It Is impossible to quantify without further study the number of patrons who would otherwise be seeking parking In North Beach as opposed to South Beach. CMA's conclusion on future parking adequacy Is that the present parking supply in the Pelican Walk area is adequate to serve all known future parking demand with the exception of the Outback Steakhouse. If there is the desire to serve this development at the site,- rather than allowing or forcing the use of surrounding parking spaces on other streets In the area, additional parking needs to be developed. Further, the periods of unmet demand related to Outback will be focused during the peak Clearwater i Beach season, particularly on weekends. During other periods -- non-peak and weekdays in particular - demand will not exceed the existing parking supply. 1 While it is certainly possible that additional development will take place in this area of the North Beach, and the City has approved the "Beach by Design" plan that indicates further development, the extent of this future commercial/retail/hotel/restaurant development is unknown, as Is the parking demand it would. generate. Therefore, there is limited known parking demand that will exceed today's supply. IV.' PROPOSED. PELICAN WALK GARAGE Garage Size and Design The City of Clearwater has commissioned previous designs for a garage on the Pelican Walk site. The latest set of designs and cost estimates were produced by the Urbitran Group In April 2002. In a report earlier this year, Urbitran presented a variety of alternative designs and construction parameters to the City. The City and CHANCE Management Advisors, Inc. chose to use for analysis' purposes the alternative with pre-cast construction and normal foundation conditions, costing $6,697,125. This 450- ; space design has four entrancelexit lanes from Poinsettia Avenue, The proposed traffic pattern in this alternative Is two parking bays, with one-way traffic flow. Parking spaces would be angled. The garage r would contain two double helix ramps, and the site size Is approximately 317 feet by 108 feel. i ' Estimated Garage Development Cost Construction cost estimates for the proposed parking garage at Pelican Walk came from the study by the Urbitran Group. Operating costs were determined from existing operations at the Garden Avenue Garage, and modified based on the expected size and operating characteristics of the proposed Pelican Walk structure. , .' Garage construction costs are estimated at $14,882 per space, not including "soft" costs and other associated expenses. Total development project costs are shown on the pro formae in Section V. CHANCE Management Advisors, Inc. IV-1 City of Clearwater Parking Demand and Garage Financial Feasibility Analysts V. PARKING GARAGE FINANCIAL FORECASTING ANALYSIS Effects of Tourist Seasons A beach community presents unique challenges in forecasting parking demand. There are peak seasons and of-peak seasons, as well as fluctuations in weekend vs. weekday demand. In addition, in the case of Clearwater, several holidays during the peak and off-peak times generate very high parking demand. From examining City parking lot revenue and ticket issuance, CHANCE Management Advisors, Inc. determined that Clearwater has three distinct seasons of parking demand. From May 1st through August 31st is the "peak" season. The July 4th and Memorial Day holidays fall within this period. From September 1st through February 28th Is the "off-peak" season. Holidays during this period are not huge parking generators in Clearwater, and overall travel and tourism is low in the City. From March 1st to April 30th is the "extra peak" season. Through analysis of parking revenue, 'ChM determined that parking activity in these two months was approximately eight percent (8%) higher than the peak months of May, June, July, and August. Therefore, the "extra peak" period became a distinct season for reasons of more accurate analysis of Clearwater parking demand. The Easter weekend holiday falls within this season. CMA then determined the number of days in each of these seasons, separated Into weekdays and weekends. The results are as follows: The 2003 calendar was used in determining the number of days within each season. To further calibrate these numbers, three days of peak weekday were converted to peak weekend for the Memorial Day holiday; the same was done for the July 4th holiday, and three days of extra peak weekday were converted to three days of extra-peak weekend days for the Easter holiday. Garage Pro Formae CMA calculated the peak customers in the garage for various classes of customers In each of the seasonal categories. These calculations are presented In TABLE 6 below. The year illustrated is 2006, the first stable year of patronage due to the serpentine road construction. ' CHANCE Management Advisors, Inc. V-1 . City of Clearwater Parking Demand and Garage Financial Feasibility Analysis V2 to °o N 0 iL © i W U ? z w ww a z z a ?a u z U a F- N a .. LL 0 >V ? N A x x ?a oa.n.3 m M W as OOK. $ t CHANCE Management Advisors, Inc. Using the projected customer base for the proposed garage, construction costs, and operating costs, CMA created a series of pro formae. The following table illustrates the comparison between the five pro formae developed by CMA. City of Clearwater PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 7: Pro-Formae Comparison • . .. •PF 1 Pre-Cast, 30 Year Amortization, Cashiers, Initial deficit of 0454.327 and continual deficits Market Rates increasing to a deficit of ±$494,847 in year 10. - PF 2 Pre-Cast, 30 Year Amortization, Cashiers, 10,734 and continual deficits Initial deficit of ±T7 Outback and Pelican Subsidy Increasing to a deficit of ±$804,140 in ear 10. PF 3 Pre-Cast, 30 Year Amortization, Pay-on-Foot Initial deficit oft 295,600 and continual deficits Technology. Market Rates decreasing to a deficit of ±$258,261 In year 10. PF 4 Pre-Cast, 30 Year Amortization, Pay-on-Foot Initial deficit oft 552,007 and continual deficits Technology, Outback and Pelican Subsidy Increasing to a deficit of ±$567,553 In year 10. PF 5 10,000 per space Construction Cost, 30 Year Initial deficit of ±$272,025 and continual deficits Amortization, Cashiers, Markel Rates Increasing to ±$312,545 in year 10. PF6 10,000 per space Construction cost, 30 Year Initial deficit of ±$528.432 and continual deficits Amortization, Cashiers, Reduced Rates Increasing to ±$621,838 In year 10. Note: Initial d eficits listed are for 2005, the first full year of garage operation. CHANCE Management Advisors, Inc. PRO FORMA 1 presents the first analysis scenario of the proposed 450-space garage on the Pelican Walk site. In this pro forma, all garage patrons pay market rate. In PRO FORMA 2, rates proposed by the City for Pelican Walk and Outback Steakhouse are shown (free parking for one hour for Pelican Walk customers, with two hours free on weekdays and two and a half hours free on weekends for Outback Steakhouse customers). Since Pelican Walk customers typically slay less than one hour, this Is essentially free parking for them, and the only Outback customers who would pay are those estimated to stay longer than the periods specified. PRO FORMA 3 is the same as PRO FORMA 9, except that pay- on-foot operating costs are used Instead of cashier operating costs. Likewise, PRO FORMA 4 is the same as PRO FORMA 2, except pay-on-foot operating costs are used. Using pay-on-foot machines instead of cashiers results in significant operating cost savings for PRO FORMA 3 and PRO FORMA 4. Lastly, PRO FORMA 5 uses market rates and cashier operating costs, but uses a lower figure of $10,000 construction cost per space, as requested by the city. PRO FORMA 6 is equivalent to PRO FORMA 5, except reduced rates are used. Operating expenses for the pro formae are estimated from operating expenses experienced by the City of Clearwater in its existing garage. These costs are changed appropriately based upon the number of spaces and the fact that the Pelican Walk garage will be open 24 hours per day, seven days a week. In the pay-on-foot scenarios, personnel costs are reduced to one full-time person and thus pay-on-foot operating costs are cheaper than cashier operating costs. TABLE 8 and TABLE 9 below illustrate the operating costs used In calculating the projected financial performance of the proposed garage. CHANCE Management Advisors, Inc. V-3 City of Clearwater Parking Domand and Garage Financial Feaslbility Analysis CITY OF CLEARWATER PELICAN WALK PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS "FABLE 8: Estimated Operating Costs with Cashiers Proposed Operating Hours per Week 168 Gordon Avenue Operating Hours per Week 60 Proposed Spaces 450 Uacden Aypni -- -q--- 971 NOTE: Operating Cost Escalation 3.00° (I] Since footprint of proposed garage is smaller than Garden Avenue Garage, no size escalation In landscape cost Is projected, (2] Signs and markings are not expected to Increase based on proposed garage's increase in size. 131 Miscellaneous Professional Services projected to be otiminated. per Cltv's request. V4 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis r , CITY OF CLEARWATER PELICAN WALK PARKING DEMAND AND GARAGE FINANCIAL FEASIBILITY ANALYSIS TABLE 9: Estimated Operating Costs with Pay-on-Foot Technology Proposed Operating Hours per Week 168 Garden Avenue Operating Hours per Week 60 Proposed Spaces 458 NOTE: Operating Cost Escalation 1.50% [1j Since footprint of proposed garage is smaller than Garden Avenue Garage, no size escalation in landscape cost is projected. (2) Signs and markings are not expected to increase basod on proposed garage's Increase In size. r31 Miscellaneous Professlonal SoMoes projected to be eliminated, per City's request. CHANCE Management Advisors, Inc. V-5 City of Clearwater Parking Demand and Garage Flnanclal Feasibility Analysis On all pro formae, these elements are as follows: N The garage would start design on or about 1 January 2003, for a period of six months. Construction would last another 12 months, and the garage would open in July 2004. N Revenue from those displaced by the construction of the serpentine road, beachgoers, and violation slre-regulations are estimates based upon existing conditions or planned construction. d Estimates of Outback Restaurant customers are based upon the square footage projected for the restaurant (6,300 SF), An estimated parking demand Is projected of 18 vehicles per 1,000 SF. The national standards quote a range of 5 - 25 vehicles per 1,000 SF. Since this restaurant will be a local destination restaurant, rather than simply serving hotel patrons within walking distance, a higher range was used. Weekends during the peak period and off- peak weekends are assumed to have peak restaurant demand. Peak weekdays have 70 percent of the peak demand, while off-peak weekdays have 50 percent of peak demand. Extra peak weekends have peak demand plus 8 percent. ¦ The City requested that two years of interest be capitalized, and that a principal payment not be made until the garage was open and operating. This would be in the second half of 2004. s In all pro formae, a $1,000,000 Parking Fund contribution is made to reduce the project costs. ¦ The rates used are as follows: $1.50 for the first hour, $1.50 each additional hour or fraction thereof, to a maximum of $9.00. In 2009, this changes to $2.00 for the first hour, $1.50 each additional hour or fraction thereof, to a maximum of $9.50. a All other pertinent Information may be found in the notes accompanying the pro formae. PRO FORME! 1 illustrates the garage performance with all patrons paying market rates to park in the garage, with cashier operating costs. After the garage is fully operating, in 2005, the annual deficit Is in excess of $450,000. This is due to a lack of demand for the garage throughout the year, the fact that Clearwater's pattern of rate increases supports rate changes only every rive years, and operating costs Increasing annually even if revenues do not. Parking demand comes from regular beachgoers, those displaced from parking on South Beach, people who have been parking illegally, and Pelican Walk and Outback Steakhouse customers. CAM assumed that the Pelican Walk Garage would attract 100 daily beachgoing customers on peak weekends and extra-peak weekdays, and 108 daily customers on extra peak weekends. In other words, the garage spaces would only be in demand by beachgoers on weekends between March and August and weekdays in March and April in the early years. Then, as development and tourism Increase In this part of Clearwater Beach, and as beach visitors become more comfortable with using this garage, this number of customers is expected to increase 10 percent annually during these times. Each beachgoer is expected to stay for an average of two and a half hours, meaning that beachgoers would pay the three-hour garage parking rate. CM4 believes that employee monthly permits are not a feasible source of income for the Pelican Walk Garage. Currently, employees working in Pelican Walk park for free in the adjoining lot. It is unlikely that these workers would want to spend a significant portion of their paychecks in order to continue parking in a convenient area. More likely Is that employees will find alternative transportation to their workplace, carpool, or actively, search for cheaper or unregulated spaces in which to park. In addition, the City already provides employee parking permits to beach workers, giving them free parking at City meters. It CHANCE Management Advisors, Inc. V-6 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis ra }, Is unlikely that any employees would choose to pay to park their cars In a paid garage considering these circumstances. PRO FORMA 2 illustrates the same garage conditions, but with special rates for Pelican Walk and Outback Steakhouse customers. Since the most significant source of garage demand is the Outback Steakhouse, reducing rates to free or minimal amounts for these customers eliminates most of the projected revenue.. Annual deficits are in excess of $710,000 after the garage is established. PRO FORMAE 3 and 4 perform a bit better because of lower operating costs from using pay-on-foot technology. However, there are still significant deficits each year. PRO FORMA 3 in the first full year of operation runs a deficit exceeding $295,000 while PRO FORMA 4 runs a deficit exceeding $552,000 in i the first full year of operation. i 3 PRO FORMA 5, while lowering the debt service costs because of lower construction costs, has high operating costs. This scenario has an annual deficit exceeding $272,000 in the first full year of operation. PRO FORMA S, is equivalent to PRO FORMA 5, but generates much less revenue due to the reduced pelican and Outback rates. This scenario has an annual deficit exceeding $525,000 in the first full year of operation. If the City decides to proceed with this garage, significant subsidies will be necessary under any scenario. . These subsidies could be needed for the life of the garage, or hopefully for a shorter period of time if other developments are established In the study area. 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P F R 1? ? g ' yp Il ? ' ' c ? ? ? N N M W M & M N N N« M «« 1pr I` ?y}? Y r? f ? I? ' ? : : Ip ;z v I A N Y O Q ? d Yf ?InN^II ? .? vi e? . i $ ? ` ?: ti •Nr( ? M M N N M N N N N N N N N N M t o N N N M N N N y y Q 3v'i? •'TRZf i Z I.?' FY9 ti N a n M N N M M g N N ? v N N N N S? r { N LU nFT a ? u M 3 ~ J $;. o? M N N M M N N N N ? m w 3 ? nry+ 6 L i g r i jb f J, s CHANCE Management Advisors, Inc. V-11 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis y w w 0 a 0 0 a n p w r it ^ F ~ G N h H O Y? ?1 O f vi ?i ?d N 11i b N N N N N N N N N M N R F ?J l? N N 0 M M N M M N M N G qppQrIS { c f N ?Tp ? Y ri ? ? ?I ? of 4 ? ? ? 1T. OI ? q n ?f ? j M1 ` p O ?i V I n ^ ? e7 ? ? ? N N N N N M M N N M M p g , N N N N N N N N N M N N N M N N N N M N N N A A R R 9 , , ry I C C N ?p A7 l R e tl p f v o O _ ? A y M M N N M N N M M N N 1p? p 1g y p 7 ?? p/ 1p ?? t:! IR 1 '1 N N 44 N 4 4 N N N N M N ?Y( A N 1fJ pT a t p ? r R r , e ? O C y II p n 1? ' pr ! r f N L N N N N M N w N M N N 4 3 V q ? 0 $ JS n a 'olr n M1 °r a ti '.S0 .. n N N N N N ? N f N N r N M N r, '4 N N N N N N N N N N N M N w a ? ; . a l l Z ' ? F V G s i r N N N N N NN EEJ ?? ? ?y 4 31 all- 53 g° Eff EXCEE¢S CHANCE Management Advisors, Inc, V-12 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis M.kh.. ....., . . CE M) } W ti W C7 0 a a a N a ?i$ e6 tl i i? m iS : r m o Wi i i a q 2S ri C11 QMI N ! ? p t C7 { y N :,j ry Of tfi 7 N - Wi N N N N N N N N N N N t(p? q !pp 2 (p-y? '?f Y1 V N Q7 ry( , Q? ap r O N tlN1 M A ?!1 f J W Q W C7 OI O r [? ,v , VI t0 r of ? p if7 ? L7 ' ? N y 90 ?1 t 4 K n O? ems- ti M O r N m ? R z N N N N N N N N N M N r M C7 1o Q7 n 17S + w o V Ln W LA tl v r r N t°1pp1 V r 7 `pip T M rd -D N N N N N N M N N N N N ??pp ¢l h r y I[1 ??pp Y] y dhi N A m p?7 i`] ? pry N ?p p y Q C-n ?O M 9 0 ? m ? ? ? ) ?i o? N v M CO to to - M N M N N N M N N N N N N is ? 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G N 0. ?: C r ?7i ? 25 25 vs'i V v Nr Hl N N N N N NN a d O k r Ll L G e CHANCE Management Advisors, Inc. V-13 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis Supportive Actions to Promote Garage Use The negative firianclal scenarios detailed in the preceding pro-formae could be improved upon, to a degree, by the City undertaking a number of related actions that would help increase the number of garage patrons. These actions can be assumed to fall into one of three categories, namely: promotional, prohibitive, and preferential. Specifically, the City should actively promote use of the garage; Induce customers to use the garage by strengthening deterrents to parking illegally, or unsafely in unregulated areas elsewhere; and make related improvements In garage access, amenities and pedestrian paths that would help the garage become a parking preference for North Beach visitors. Offered below are sample actions that could help achieve these objectives. "PROMOTIONAL" STRATEGIES ¦ Install signs on Mandalay Avenue leading to the garage. Significant signs on Mandalay Avenue need to lead drivers to the garage, particularly because the entrance to the garage will be from Baymont Street. Drivers heading north or south should see signs about the garage in time to turn on Baymont to find the garage entrance. ¦ Install real-time parking availability signs on other major public parking facilities, and wayfinding signs to the garage. Real-time LED signs should be installed at other Clearwater parking facilities indicating when the lots are full, and directing people to the Pelican Walk Garage. Wayfinding signs should be installed leading drivers easily from a) the roundabout, b) Pier 60 parking, c) lots 34, 35, 36, and 38, and perhaps other South Beach parking areas to the Pelican Walk Garage. M Include the Pelican Garage in all Clearwater Beach promotional and Informational materials. "INDUCEMENT" STRATEGIES E Restore parking prohibitions on portions of blocks that were previously signed as "no- parking" zones. Conditions that should be taken into account include proximity to driveways, lane widths, sight angles, and pedestrian safety and traffic flow. As long as Individuals may park on unregulated blocks for free, they will not park either at a parking meter or In the garage, thus avoiding either option that could contribute to the financial stability of the Department ¦ Increase enforcement to deter illegal parking. This will be possible due to the planned reorganization of parking enforcement under the Parking Facilities Manager, and the planned Increase in the number of officers devoted to this function. o Adjust parking motor hourly rates (for selected time periods), time limits and operating hours. Based on parking activity indicators of occupancy and turnover, consider raising the hourly meter fee in Lot.36, and shorten the meter time limit to a maximum of four hour parking. Increase operating hours In Lots 34 and 35 (as well as on the 360 block of Mandalay Avenue) to 8:00 p.m. daily, and to 11:00 p.m. on Friday, Saturday and Sunday. Shorten the meter time limit in Lots 34 and 35 to two hour parking. CHANCE Management Advisors, Inc. V-14 City of Clearwater Parking Demand and Garage Financial Feasibility Analysis 4 "PREFERENTIAL" STRATEGIES N Eliminate selected on-stroot parking spaces that would impede access to the garage. On Baymont Street, approximately 20 angled parking spaces may need to be eliminated to ensure smooth traffic flow by providing a queuing lane Into the garage, keeping traffic lanes open and moving. This would also prevent free parking adjacent to the garage. It Improve pedestrian pathways from the garage to the beach. This is a major consideration, given the fact that what is presently the most direct access route to the beach from Pelican Walk (namely, the 020 block of Baymont Street) is narrow, dark, litter-strewn in' parts, and is basically extremely unattractive for pedestrians. s' Consider placing enhanced customer amenities in the garage. For Instance, as the garage should continue to serve as a stop for the Jolley Trolley, passenger waiting areas should be attractive, well-maintained and include both information and minor services that would set the garage apart from the ordinary. ¦ Work with the Jolley Trolley management company to adjust transit times and routes as warranted. Also consider advertising the Pelican Garage as a convenient "park-n-ride" during construction of the South Beach serpentine road, and as a way to encourage garage patronage by introducing South Beach visitors to the North Beach area. Finally, due to the garage's potential to increase traffic along Baymont Street where it.intersects Mandalay Avenue, Poinsettia Avenue and East Shore Drive, and along neighboring streets that will carry traffic to the garage, the City.should undertake a traffic study to determine the nature of additional roadway, pedestrian and vehicular safety enhancements that will be required: CHANCE Management Advisors, Inc. V-15 City of Clearwater Parking Demand and Garage Financial Feasibility Analysio Pate 1 oi' 2 Brink, Carolyn From: Brink, Carolyn Sent: Thursday, November 21, 2002 4:31 To: Commission Ca: Akin, Pam; Goudeau, Cyndle; Reporter Subject: FW: Beach Parking Situation -----Original Message----- From: Brink, Carolyn Sent: Thursday, November 21, 2002 4:31 PM To: 'Wesley Vassar' Subject: RE: Beach Parking Situation Dear Mr. and Mrs. Vassar: Your e-mail has been received and will be distributed on the dais to the Mayor and Commissioners and Mr. Stone. -----Original Message----- From: Wesley Vassar [malito:wildyuru@tampabay.rr.com] Sera: Thursday, November 21, 2002 4:21 PM To: City of Clearwater Commissioners Subject: Beach Parking Situation Camlyn: I hope you will get this in time to distrib to the commissioners and Mr. Stone before tonight's meeting - if not, whenever you can. We will be unable to attend. Pat and Wes Vassar ST E IVE PARKING-FOR-NORTH _BEAQH The parking situation on North Beach has made the papers recently, and we would like to propose one alternative we haven't read about: the parklet fronting on Mandalay and bounded by Rockaway and Bay Esplanade. Points to consider in favor of our proposal are as follows:. • The proposed site appears to be much larger than the Pelican Walk parking lot. • Since the city owns the property, the costs of construction would be significantly less than at Pelican Walk. • We believe it is important to keep the front 2 rows of the existing sand-side parking lot, although the back 1 or 2 rows could be used for the ramp, which would take the garage queue off the main streets. • No water view would be obstructed, as all you can currently see from Mandalay is sky and the top of the lifeguard shack. • The site would provide convenience for beachgoers. . Shoppers would enjoy the convenience of eating and shopping establishments north of Bay Esplanate as well as South of Baymont. . The Pelican Walk parking would be maintained, so virtually all the garage parking would be extra parking spaces. o The Fire Department can maintain its access to roadways. . The foundation could be built to hold S-b stories but the project could start with 3. We have often seen garages "grow" that way. Constructing a garage on North Beach will increase traffic on the beach and isn't likely to satisfy 11/21/2002 PRELIMINARY AGENDA Clearwater City Commission Work Session - 9:00 A.M. - (Monday, November 18, 2002) Service Awards Convene as Pension Trustees: 1 - Call to Order 2 -Approval of Minutes: 10/14/02 3 - Request for acceptance into membership: Nicholas Colton, Sr., Cindy Protopapadakis, Renata Melo, Kevin Sievert, Allie Fallon, John Lyons, Robert Lazzaro, Anita Miller, Douglas Letwin, Marc McCabe, Jonathan Maser, Robert Pagano, Christpher Payne, and Roseann Mazurek 4 - Regular Pension(s) to be granted: Gary Wooldridge and Clarence Calloway 5 - Approve staff recommendations regarding the selection process for Pension Attorney. 6 - Approve the contract with Northern Trust to provide custodial services for the Employee's Pension. 7 - Pulled item 8 - Other Business 9 - Adjourn Reconvene Work Session PRESENTATIONS 1. City Supervisory- Leadership Development Program. PUR PURCHASING 1. Service contract with Thomas Oilestad for tennis Instructor during the period of November 22, 2002 thru September 30, 2003 for $100,000. 2. Purchase contract with Pride of Florida to increase the contract for the purchase of recapped heavy equipment tires during the remaining portion of the contract ending December 31, 2003 for $120,000. 3. Purchase contract with Fisher Scientific for miscellaneous purchase of bunker gear during the period of November 23, 2002 thru November 30, 2003 for $100,000. 4. Declare surplus and authorize disposal of vehicles and equipment. FN FINANCE 1. Adopt Res. #102-50 establishing the Intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing. 2. Adopt Res. #02-51 establishing the intent to reimburse certain Stormwater project costs incurred with proceeds of future tax-exempt financing. MR - MARINE /AVIATION 1. Approve third amendment to Clearwater Airpark, Inc. lease, the Fixed Base Operator at Clearwater Airpark, for the first five-year renewal option. 2. Approve Ord. # 7059-02, amending Chapter 2, Article III, Division 2, Section 2.081 through 2.085 of the Code of Ordinances to replace the title of the "Airport Authority Board" with "Airport Advisory Board", and provide clarification of their powers and duties, and pass of the first reading. PW PUBLIC WORKS 11-1802 WorkSession Agenda.doc 1 Rev. 1:11/18/02 1. Traffic Signalization Options with Pinellas County - Paul Bertels (WSO) 2. Approve the three Consent Order Agreements with the Florida Department of Environmental Protection (FDEP) totaling up to a maximum of $97,500 in penalties only or $26,400 in penalties and $106,650 for in-kind projects for a maximum of $133,050, which provide for corrective actions to return to compliance at the City's three wastewater treatment plants. 3. Approve Addendum 2 to the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project for a time extension. 4. Award a three year contract to Armstrong Environmental Services, Inc., of Safety Harbor for Nuisance and Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Channels and Immediate Adjacent Transitional Areas in the amount $253,994. 5. Approve the transfer of $428,590.76 to Pinellas County for utility relocation along Keene Road, Phase 1A & 1B, from Druid Road to Sunset Point Road. 6. Approve an Amendment to the Interlocal Agreement for the construction of Keene Road with Pinellas County to coordinate efforts facilitating the installation of landscaping from Druid Road to Sunset Point Road. 7. Award a contract for the Sharkey Road and Oberlin Drive Drainage Improvements (00- 0058-EN) to MTM Contracts, Inc. of St. Petersburg, Florida for the sum of $499,299.55 which is the lowest responsible bid received in accordance with the plans and specifications. PLD PLANNING 1. Approve ORD #7038-02, #7639-02 and #7040-02 on First Reacting. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East); Owner: Elizabeth Haun. ANX 2002-08011 2. Approve ORD #7041-02, #7042-02 and #7043-02 on First Reading. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East); Owner: Dorothy Costa. ANX 2002-08012 CLK CITY CLERK 1. Charter Review Discussion (WSO) CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord 47004-02 - Approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (1), for properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) 2. Ord #7005-02 - Approve the Zoning Atlas Amendment from County Zoning One, Two and Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (1) District, for properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) 11.18-02 WorkSession AQonda.doc 2 Rev. 1:11118102 3, Ord. 07015-02 - modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key. 4, Ord. #7058-02 - Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housl'ng Authority. Other City Attorney Items 1. Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $80,000. ` City, Manager Verbal Reports Commission Discussion Items 1.'Set Closed Bargaining Session. 2. Pelican Walk Garage Discussion. Presentation(s) for Thursday Night 1. Environmental Advisory Board awards to City Employees Terry Finch and Alan Mayberry.,' 2. Citizens' Academy Graduation. 3. We Care. Fund. 4. Jazz Holiday Thank.you, Other Commission Action Adjourn r 1 11-18.02 WarkSession Agonda,doc 3 Rev. 1.11118102 4 ?1L'rel.:;1^V;C:•`rs'??nYi33J?sur..?w....«..,.. _.. .. - ----. ,.- - - .zJ' - 3/?,q F 7 On behalf. of, the. City, Commission and City Administration, I would like to extend our sincere congratulations to the first group of supervisors who have completed the City Supervisory -- Leadership Development Program. This training consists of over 72 hours of college and in-house instruction in subjects such as: basic leadership and supervision, communication skills, conflict resolution, selecting, interviewing and retaining employees,. performance management, performance evaluations and labor relations. The successful completion of this program demonstrates your commitment and dedication r to enhancing your knowledge and skills. r We understand the important role our supervisors and managers play in the City, and we are proud to recognize your efforts today. As your name is called, please.come forward: t Gerald Bennett Public Utilities Marcia Charlton Marine ¦ Jesse Johnson Public Utilities ¦ Christopher Potts Parks and Recreation ¦ " David Powers Solid Waste ¦ Robert Cantrell Solid Waste ¦ . Terry Teunis Police i , 1 BOARD OF COUNTY COMMZSSIONPUZS PINELLAS COUNTY, FLORIDA 315 COURT STREET CLEARWATER, FLORIDA 33756 COMMISSIONERS: IIAR91?RASHEEN TODD CHAIRMAN STEPHEN M. SPRATT; COUNTY ADMINISTRATOR KAREN WILL LAMS SEEL - VICE CHAIRMAN PHONE: (727) 464.3485 CALVIN O. HARRIS SUSAN LA FAX. (727) 464.4384 TVAL A JOHN MORRgN1 ROBERT 6. STEWART 'KENNETH T. WELCH July 11, 2002 The Honorable Brian Aungst; Mayor City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 The Honorable Richard Salter, Mayor City of St. Petersburg P.O. Box 2842 COMMISSION '. JUL 2 Z •2002.1 'S PRESS CLERK /ATTORNEY. St. Petersburg, FL 33731 RF.: Pinellas County Signal Operations and Maintenance. Proposal Dear Mayor Aungst and Mayor Baker: In recent discussions with you, I have broached the prospect of Pinellas County,;assuming,respoMibility .;fpr, the operation and maintenance of all present and future traffic signals-in the interest of integrating and improving the functionality of these systems. We are at an important juncture in efforts to' improve'these fFicilitie's as we pursue funding for ITS/AIMS features. The County currently has inainieri nce contracts with all municipalities excluding Clearwater and St, Petersburg whereby those cities pay the' County for ' the costs. Since Clearwater and St. Petersburg currently have their own signal bperations,.mnintenance divisions, and associated expenses, such a change would be more extensive; therefoiv- a transition plan would need to be cooperatively developed. In response to my inquiries, you both have asked that'I submit a proposal to you outlining certain details and this correspondence attempts to do that.' Pinellas County staff has evaluated the technical and organizational requirements of the proposal to '.:accept responsibility for operations and maintenance of all traffic signals countywide and has determined thpt such a plan has merit and can be accomplished. Our Public Works staff has developed the enclosed draft approach that provides an aggressive but .,realistic time frame for a potential transition process with emphasis on the critical tasks that must be accomplished. Areas to address include personnel, equipment, inventory, vehicles, Integration costs, capital improvement costs, and the ongoing operation and maintenance costs. .The draft schedule provides for a potential complete transition by January 2004. "Pinellas County Es an ggUa! Opportunity employer" • Member-Pinellas Partnership for a Drug Froa Workplace . printod'on recycled paper I, Honorable Briars Aungst, Mayor Honorable Richard Baker, Mayor Page, 2 Given: the complexity of the agreement, and tiine'framc for funding consideration, tasks should begin as soon.as possible to achieve,this'completion;date. The County would assume financial resporisibility for operation and maintenance of these assets although this assumption would be contingent upon identifying a dedicated revenue source. An additional issue that exists in Pinellas County is jurisdictional traffic regulatory authority on County roads within city limits. As part of any agreement to consolidate signal operation. and maintenance countywide, it would seem appropriate to amend jurisdictional responsibilities in this.regard with all cities. Our recommendation is for the County to have traffic regulatory authority of county ro ds'•within.the'city limits to correspond with other maintenance responsibility for ease of understanding and mbre convenient service to the public. All future traffic studies, engineering,--implementation, management of traffic control devices, and capital improvements required on these roadways would become the rcsporisibility of 'the County. • Preexisting capital funds committed to these assets for this purpose would.remain with the facility but the County would assume operating and maintenance costs. This change would also rely upon identification of a revenue source mentioned previously. This would give the County'si'ilar authority to that of the. Florida Department of Transportation (1:DOT) on- the state road system. Tlie •FDOT has jurisdiction on all state roads regardless of city limits., The city would retain maintenance responsibility and traffic control regulatory authority for all city streets. If you concur conceptually with the proposal, the next step would be for me to report our position to the County Commission and move to the next transition steps. I would appreciate your feedback on these concepts at your earliest convenience. If you have any questions or concerns please contact meat 464-3485. Sincerely, Stephen M. Spratt , County Administrator 1• cc: The Honorable Chairman and Members of the Board of County Commissioners Tish Elston, City Administrator, City of St. Petersburg Bill Horne, City Manager, City of Clearwater ? .. x 5 ab { e r e ARaaR$19aR 19 !W918RR°TRH~RR9 2 R 7RRSiR9 %I F?F?8a8?? It _ ? /1ft i!. . . r ^ Hp H p • q i0 A u a ?? 11 FIFE.rRE 4 1 Bertels, Paul From: Bartels, Paul Sant: Wednesday, July 31, 2002 9:56 AM To: Arasteh, Mahsh(d Cc: Katsougrakis, Dina; Quillen, Michael; Manni, Diane; Weaver, Glenn Subject: Comments on Steve Spratt Proposal I have the following comments regarding the proposal from the County Administrator. These comments are made from the standpoint of what impact this change would have on level of service: Pinellas County has never shown the capability to maintain and operate their existing signal system to the same level of service as the cities of St. Petersburg and Clearwater. In fact just last week another incident made It clear that Pinellas County signal forces have not mastered the art of signal maintenance in a timely manner. The heart of any signal system especially the adaptive control proposed for ITS in this county is the detectors. The Intersection of Belcher Road and 38th Avenue has had the detectors out of operation for five weeks due to a paving operation. During this five week period this signal no longer had coordination with the signal to the south at Park Boulevard. This Is on a major north-south corridor under maintenance by the county. Compare this with the paving operation on Enterprise Road a few months ago where the detector loops were restored at four intersections within two days of the completion of the paving. The Intersections were McMullen Booth Road, Landmark Drive, Village Drive and U.S. 19, all major Intersections along Enterprise Road. This is one example of maintenance practices by the county on their existing system, turning over another 445 intersections to the county when they have difficulty maintaining 305 does not bode welt for the system at large. Speaking of level of service in the maintenance area it Is established fact that Clearwater has a 48 hour turn around on repair of loops. This has been the established policy for 32 years and in fact Transcore made mention of this in their original assessment of the three computer centers In 2000. Loop maintenance Is critical to any signal maintenance program, the loops are the eyes and ears of the system. It Is especially critical with adaptive traffic control which the MPO is spending several million dollars to accomplish. Pinellas County staff has determined that from a technical and organizational standpoint the County is fully capable of taking over the operation and maintenance of all the traffic signals In the county. Clearwater traffic operations staff totally disputes that determination for a wide range of reasons. From a technical standpoint they cannot keep their detector loops In repair. From an organizational standpoint they are the only traffic operations organization known in which the maintenance personnel are separate from the operations personnel, In fact they are In different departments. The time frame outlined in the proposal is to occur at the same time as the construction of several projects that our traffic operations staff are heavily involved with. In addition this time frame coincides with the Implementation of the ATMS on Gulf to Bay Boulevard in the summer of 2003. For city staff to be involved in a transition as complex as this proposal concurrent with the construction projects is asking for serious difficulty. • The proposal does not mention a dedicated funding source to pay for this operation although the letter does make mention that everything In the proposal is contingent upon a funding source. One of the methods most likely to be considered would be to raise the gas tax and use that money for this purpose. Here again that Is revenue the city would normally receive so there Is nothing free from the county. • The latter requests that as part of this transition to county maintenance and operation that the city jurisdiction over county roads within the city limits be turned over to the county. This would put the county in the same category as the FDOT and would put the city at the mercy of two agencies Instead of one when dealing with major roadway Issues. Citizens come to the city for relief and the city Is very good at providing It. This would create another bureaucracy for the city to obey In order to get problems solved that right now we can solve ourselves. The Jurisdiction In question Is actually from chapter 316 of state law and there is serious doubt If the city can give up this statutory authority or if giving up the authority also does away with the liability. Outside of the letter I would point out that this proposal is totally against the recommendation of the MPO' s Traffic Signal and Median Control Committee which called for a Unified system made up of members of each operating agency. Going with this type of system would limit the city's ability to limit the cost Increases associated with this work which will escalate over time due to the implementation of ITS. I would point out that the City Commission recentthly approved a new maintenance agreement with the Florida Department of Transportation that will reimburse a city for the maintenance that we currantly do on our traffic signals. In addition there is an agreement pending before the City Commission on the August 22 meeting to do the some with streot lights resulting In more revenue coming Into the city through the activities of the traffic operations dlvlslon. in summary I would point out that the same county staff that came up with the recommendation that this is doable from a technical and organizational standpoint is the same staff that cannot keep their signal controller TBC timings up to date, cannot repair their detector loops In a timely fashion and have literally changed their position on this subject as many times as there are days In a year. The net result of this proposed change would be to make it very difficult for the city to solve many of the traffic problems our citizens encounter daily while tying the city's hands with regard to shaping its own destiny. l??et?.[ F3cr'::cl? :ian?yo:: Traffic Operationu Divlaion o Clearwater U Interoffice Correspondence Sheet To: William B. Horne II, City Manager Thru: Mahshid Arasteh, P.E., Public Works. Administrator From: Paul Bertels, Traffic Operations Manager CC: Michael Quillen, P.E., Director of Engineering Date: November 5, 2002 RE: Traffic Signal Operations System Comparisons On September 12, 2001 the Pinellas County Metropolitan Planning Organization adopted the requirements document developed by the MPO's Traffic Signal and Median Control Committee. The requirements document included the concept of one primary control center and two secondary control centers that would be. electronically connected to each other through a "Wide Area Network" (WAN). A team comprised of existing personnel from the County, Clearwater, and St. Petersburg centers would staff the primary control center to control traffic signal timing and operations on the multi jurisdictional corridors throughout the county. This concept became known as the "Omnibus Plan" and provides continuity and experience as well as allowing Input from the various stakeholders. It is important 'to the Federal Highway Administration to have stakeholder involvement and can in fact affect grant opportunities from the federal government. In July 2002, Mayor Aungst and Mayor Rick Baker received a letter from County Administrator Steve Spratt detailing a proposal for county takeover of all traffic signal operations and maintenance. Ostensibly the county would provide all funding contingent upon a proper funding source being developed. The two biggest problems for this scenario are the serious maintenance deficiency history of the county and the potential lack of stakeholder Involvement. There are three options from which Clearwater can choose for the future of its traffic signal operations. • Maintain the existing format whereby the city does its own signal timing and maintenance. • Adopt the MPO approved Omnibus Plan whereby the city becomes part of a countywide team for the purposes of timing control of major corridors. Under this plan the city would continue to maintain It's own traffic signals, • Turn all the traffic signal operations and maintenance over to the county. Under this plan the county would control all the timing functions as well as the maintenance of the signals. It is the recommendation of the traffic operations staff that the City Commission adopt the second option. This is the Omnibus Plan. See attached documents for more detailed information. Lf) z .0 Ln CL 0 u w V) c,,n o ?. V iJ 00 4-J moo 0 :? s® p .Q O -0 N E p •,O{- aOo _ 0 U ?- ? 1 ? Ln ko En Q) Ln m O .? Q Q Cam m???m?N? u, a O.-.Q Q= p O L UUU.JLL .J >- ri rV fy i 'd' Lri tD r-? ' X pp p c C ' m (D .? s.. ul C c oo -v O C Q N C 0 O ? ?.. C C `?' 0, v t n. V V cu ci U fu I-j CL " L- fu (n C).pa O ou?,C ?•= V 2: -Oj LL Q p ?-+ rv rri tri c0 ri 0 M O lp 4-J C .?.+ N 110 ¦... _: C .p 00 E C) r? tD C N N 1 V4 C:) 4? m C: < N .? U O rtno ? ? X fa J J V z C Lb U U Y ? _• . ifs.. "_i. WI ..??...? a 00 M 0 ca o_O Total employees. 21,5 1, Traffic signals (S) a. Signal timing b. Routine maintenance c. Mast arm installation d. Installation of overhead signs 4 e. Roundabout improvements f.' Saved 50,000 on Gulf to Bay mast arms ;. , g. Partnering with school board 2..Traffic operations (13.5) a. Signing b. Marking c. Traffic counts d. Complaint investigation Total budget $ 1.5M after street lights per year • $604K-Traffic Signals • $900K-Signs, Markings and Engineering o $1.1M'-Street light rental and energy charges ?.Fwl a3k a,.irLr.m. .. xo .ri^• r+,. .. .... T .. .. ,, ..til .7 ,.. .. . ... r . ... - ... ... ... .. . . • Level of Service: ¦ Timely maintenance of detector loops (Clearwater's record: 2 days) ¦ Clearwater.- 145 traffic lights ¦ . St Petersburg - 320 traffic lights ¦ Pinellas County Currently - 305'traffic lights, 12 employees . ¦ To add 465 more signals need to add 12-16 more employees. W Clearwater has. a 32 year proven record of 48 hours turn around in repairing detector loops and 24 hours or less to repair street signs • Organization and Operation: ¦ In an effective operation, both operations personnel and maintenance personnel need to work together in one department • Funding: ¦ . To turn over all traffic operation, the new center will need at least 30 staff members total. ¦ One option to fund the center is to raise gas tax.. This is a revenue that the City would normally receive anyway. ¦ FDOT will be reimbursing the City about $80,000 per year for maintenance of FDOT traffic lights within the city limits. This will also be diverted to the County. • Jurisdictional Authority: ¦ Turning over jurisdiction on county roads within city limits puts the City at the mercy of two agencies, FDOT and County, while dealing with major roadway issues (speed . limits, turn restrictions, parking, signal timing) • Schedule: ¦ Proposed transition is scheduled for summer, 2003. This coincides with Gulf to Bay ATMS and many major construction projects, which will overload staff. • Close Cooperation with Polfce and Fire: Assistance to the Fire Department in maintaining signal preemption system Technical assistance In'traffic homicide cases involving signal, timing Adjustments in signal timing cycles to ease congestion during major crash Investigations. Joint efforts to deploy enforcement lights, which have greatly reduced the incidence of red light running at US 19' and SR 60. Joint project to deploy a variable "Speed Board" on Sand Key, which has reduced the average speed for. that area. ¦ The City's efforts to calm neighborhood traffic through engineering and enforcement. ¦ Developing and deploying maintenance of traffic plans to city-sponsored events. ¦ Problem identification through crash trends and sharing of information. ¦ Solutions to traffic problems brought 'on by different 41 construction projects In the downtown area. LEVEL OF SERVICE STANDARDS FOR SIGNAL MAINTENANCE AND REPAIR • All signal malfunctions will have an immediate response during normal working hours. « All signal malfunctions will have a one-hour response time after hours by the standby personnel. • All inductance loop repairs will be done within 48 hours of notification. • All inductance loops will have their own individual detectors, no parallel loops on one detector. • In the event of a reported power outage there will be an immediate response to confirm the outage during normal working hours and one-hour response time after hours by standby personnel. All mast arm connections will be checked annually. • All conflict monitors will be checked on the bench and certified semi-annually with a documented maintenance form. • Annual incandescent signal replacement policy. All incandescent signal indications; (not LED) will be replaced annually. • All new traffic signals installed in the City of Clearwater shall be mast arm design built to City of Clearwater standards. All mast arms shall be chestnut bronze in color with decorative finial and skirt. + A minimum of two span wire traffic signal ? per year shall be upgraded to mast arms. + Traffic signal controllers shall be replaced every five years. OLK 1 U. Clearwater U InicrofY'icc Correspondence Shal To: Mayor and Commissioners From: Pam Akin, City Attorney; Cy Goudeau, City Clerk CC: Bill Horne, City Manager; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant City Manager Date: . November 12, 2002 RE: Charter Review Committee The City Charter requires the Commission to appoint a Charter Review Advisory Committee at least every 5 years in the January of a year preceding a City election. As we prepare for the Committee to be appointed in January 2003, input from the Commission is needed. Section 7.02 of the City Charter relates to the Charter Review Committee and provides some guidance. It calls for there to be no less than 10 members and provides that the committee "shall review the existing Charter and make recommendations to the commission for revisions thereto." We suggest you consider these issues: 1. How does the Commission want to make appointments to the Committee? a) Do you wish to limit the number to 10 or appoint additional members? b) Other than City residency, do you want any special qualifications or composition? Registered voter? c) Do you each want to make individual appointments or make appointments by majority vote as is done for other advisory boards? d) Do you want to solicit applications for consideration or should Commissioners recruit the members or some combination of the two? 2. What role does the Commission want staff to assume? 3. Are there specific issues the Commission wants the committee to review? Some examples may be: a) Form of governance - Strong mayor vs. City manager form; distribution of authority - manager authority vs. commission prohibitions; b) The Commission -number of members; at-large vs. district seats; length of terms; c). Limitations - allow transfer/donation of residential and/or property of limited .economic value; relieve or clarify 60 year lease language; merge the two sections regarding limitations on city owned bluff/waterfront property: Attached is a brief history of some of the more significant revisions made to the Charter. If you have any questions or need additional information, please let us know. Significant Charter Amendment History February 8, 1983 - . Bayfront Development [Sec 2.01(d)(6)] - requires referendum to develop municipally owned property, on the "bayfront" below the 28 mean sea level elevation, as other than open space and public utilities with associated appurtenances. . February 12, 1985 Numbered seats [Sec 2.01(a)] -numbers Commission seats. Three Year Terms [Sec 2.03] - increases term of office from 2 to 3 years Donation of Real Property [Sec 2.01(5)(111)] - allows donation of real property to other government for less than appraised value after public hearing and a finding of public purpose; Open space land [Sec 2.01(5)(v)] - requires referendum to dispose of municipal property identified as recreation/open space on comprehensive land use plan map. Rights of Way terminating at water [Sec 2.01(5)(vi)] - Prohibits vacation of rights-of- way or easement which terminates or provides access to water's edge, for private individual. November 8, 1994 Commission Authority to Donate & Lease Real Property [Sec 2.01(d)(5)(vii)] - limits the lease of City property to a 30-year term and a renewal term of up to 30 years without referendum approval. Establishes the maximum length of time a property can be leased of 60 years, which can not be extended by referendum. Selling Surpiu3 Property [Sec 2.01(d)(5)(II) -- requires surplus property being sold, be sold to the party submitting the highest bid above appraised value, whose bid also meets the terms and proposed use set by the Commission. Commission Authority to Approve Non-Budgeted Expenditures [Sec 2.01(d)(3)] - requires two public hearings before commission approves a non-budgeted expenditure in excess of $5 million. Commission Term Limits [Sec 2.03] - Seta term limits of 6 years. March 14, 1995-Transfer or Use of City Property west of Osceola [Sec 2.01(7)] - requires a referendum prior to transfer or use of city property west of Osceola Ave, between Drew and Pierce Streets, for other than city facilities, except that Harborview Center may be leased or used for other than city facilities. March 10, 1998 - City Recreation/Open Space Property [Sec 2.01(d)(5)(v)] - removes requirement for a referendum prior to leasing city owned recreation/open space property when leasing for an existing use. Retains the requirement for referendum prior to sale or conveyance of such property. March 9, 1999 - Commission Election and Tenn of Office [Sect 2.031 - removes 6 year term limitation, allowing two full terms in addition to any partial terms; provides that newly elected commissioners take office at the next commission meeting following certification of election returns. f C Lit. ( Clearwater Inlcro ice CorreSIM1141cnca Shut To: Mayor and mmissioners From: Pam Akin, City Attorney; Cy Goudeeu, City Clerk CC: Bill Horne, City Manager; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant City Manager Date: November 12, 2002 RE: . Charter Review Committee The City Charter requires the Commission to appoint a Charter Review Advisory Committee at least every 5 years in the January of a year preceding a City election. As we.prepare for the Committee to be appointed in January 2003, input from the Commission is needed. Section 7.02 of the City Charter relates to the Charter Review Committee and provides some guidance. It calls for there to be no-less than 10 members and provides that the committee "shall review the existing Charter and make recommendations to the commission for revisions thereto." We suggest you consider these issues: 1. How does the Commission want to make appointments to the Committee? a) Do you wish to limit the number to 10 or appoint additional members? b) Other than City residency, do you want any special qualifications or composition? Registered voter? c) Do you each want to make individual appointments or make appointments by majority vote as is done for other advisory boards? d) Do you want to solicit applications for consideration or should Commissioners recruit the members or some combination of the two? 2, - What role does the Commission want staff to assume? 3. ' Are there specific issues the Commission wants the committee to .review? Some examples may be: a) Form of governance - Strong mayor vs. City manager form, distribution of authority manager authority vs. commission prohibitions; b) The Commission - number of members; at-large vs. district seats; length of terms; c) Limitations - allow transfer/donation of residential and/or property of limited economic value; relieve or clarify 60 year lease language; merge the two sections regarding limitations on city owned bluff/waterfront property. Attached is a brief history of some of the more significant revisions made to the I Charter. If you have any questions or need additional information, please let us know. j • 1 3: Are'there specific issues the Commission wants the committee to review? Some examples'may be: a). Form of governance - Strong mayor vs. City manager form; distribution of authority --- manager authority vs. commission prohibitions; b) The Commission - number of members; at-large vs, district seats; length of terms; C) . Limitations - allow transfer/donation of residential and/or property of limited economic value; relieve or clarify 60 year lease language; ' merge the two sections regarding limitations on city owned bluff/waterfront property. Attached is a brief history of some.of the more significant revisions made to the, Charter: If you have any questions or need, additional information, please let us know. z Significant Charter Amendment History February 8, 1983 - Bayfront Development [Sec 2.01(d)(6)] - requires referendum to develop municipally owned property, on the "bayfront" below the 28 mean sea level elevation, as other than open space and public utilities with associated appurtenances. February 12, 1985 . Numbered seats [Sec 2.01(a)] -numbers Commission seats. Three Year Terms [Sec 2.03] - increases term of office from 2 to 3 years Donation of Roal Property [Sec 2.01(5)(iii)] - allows donation of, real property to other government for less than appraised value after public hearing and a finding of public purpose; Open space land [Sec 2.01(5)(v)] - requires referendum to dispose of municipal property identified as recreation/open space on comprehensive land use plan map. Rights of Way terminating at water [Sec 2.01(5)(vi)] - Prohibits vacation of rights-of- way or easement which terminates or provides access to water's edge, for private individual. November 8, 1994 Commission Authority to Donate & Lease Real Property [Sec 2.01(d)(5)(vii)] - limits the lease of City property to a 30-year term and a renewal term of up to 30 years without referendum approval. Establishes the maximum length of time a property can be leased of 60 years, which can not be extended by referendum. Selling Surplus Property [Sec 2.01(d)(5)(ii) - requires surplus property being sold, be sold to the party. submitting the highest bid above appraised value, whose bid also meets the terms and proposed use set by the Commission. Commission Authority to Approve Non-Budgeted Expenditures [Sec 2.01(d)(3)) - requires two public hearings before commission approves a non-budgeted expenditure in excess of $5 million. Commission Term (Limits [Sec 2.03] - Sets term limits of 6 years. March 14, 1995 - Transfer or Use of City Property west of Osceola [Sec 2.01(7)] -- requires a referendum prior to transfer or use of city property west of Osceola Ave, between Drew and Pierce Streets, for other than city facilities, except that Harborview Center may be leased or used for other than city facilities. March 10, 1998 - City Recreation/Open Space Property [Sec 2.01(d)(5)(v)] - removes requirement for a referendum prior to leasing city owned recreation/open space property when leasing for an existing use. Retains the requirement for referendum prior to sale or conveyance of such property. March 9, 1999 - Commission Election and Term of Office [Sect 2.03] - removes 6 year term limitation, allowing two full terms in addition to any partial terms; provides that newly elected,, commissioners take office at the next commission meeting following certification of election returns.