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03/02/2009 WORK SESSION AGENDA Council Chambers - City Hall 3/2/2009 - 1:00 PM 1. Economic Development and Housing 1.1Amend the City’s Local Housing Assistance Plan for State Fiscal Years 2006-09 to add new affordable housing incentive strategies to fulfill the requirements of Florida Statute 420.9076 and adopt Resolution 09-09. Attachments 1.2Approve the East Gateway District Façade and Building Lot Improvement Program and Loan-to-Grant Agreement and authorize staff to implement the program. (consent) Attachments 1.3Approve the East Gateway District Neighborhood Revitalization Strategy; amend the FY 2005-2010 Five-Year Consolidated Plan and the FY 08-09 Consolidated Action Plan to incorporate the East Gateway District as a Neighborhood Revitalization Strategy Area (NRSA); and authorize staff to submit the strategy to the U.S. Department of Housing and Urban Development (HUD). (consent) Attachments 2. Fire Department 2.1Amend Chapter 17, Clearwater Code of Ordinances, to reflect the change made in Appendix A, Article VIII regarding the administrative fee for fireworks displays; update the nomenclature to reflect the changes made by the State mandated use of the 2007 Florida Fire Prevention Code and reflect the change in title of the Division of Fire Prevention Services; and eliminating the power of the fire prevention administrator to modify the fire code and pass Ordinance 8038-09 on first reading. Attachments 3. Gas System 3.1Award a contract (blanket purchase order) for gas meter change outs to M. T. Deason, Incorporated in the amount of $256,000.00 for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same.(consent) Attachments 3.2Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $124,000 to M.T. Deason; in the amount of $143,000 to General Utilities Pipe; and in the amount of $54,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) Attachments 3.3Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000.00 to Consolidated Pipe and Supply; in the amount of $2,500.00 to M.T. Deason; and in the amount of $295,000.00 to General Utilities Pipe for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) Attachments 4. Marine and Aviation 4.1Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to the docks, boardwalks and promenade and adopt Resolution 09-10. Attachments 5. Parks and Recreation 5.1Aging Well Master Plan - Presentation Attachments 5.2Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from August 2009 through August 2010 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute same.(consent) Attachments 5.3Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies and approve a mid-year budget amendment transferring $200,000 from unappropriated retained earnings. Attachments 5.4Amend Section 22.24(2) of the Code of Ordinances to change the hours of operation for Station Square Park from “Closed from 9:00 p.m. until 6:00 a.m.” to “Closed from Sunset until Sunrise” and pass Ordinance 8059-09 on first reading. Attachments 6. Solid Waste/General Support Services 6.1Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii) (7), and pass Ordinance 8025-09 on first reading. Attachments 7. Public Services 7.1Award a contract (Blanket Purchase Order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period March 06, 2009 through March 31, 2010 as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) Attachments 8. Public Utilities 8.1Award a contract (increase to Purchase Order) to Carl Eric Johnson, Inc. of Lawrenceville, GA, a sole source for current equipment, in the amount of $70,021.00, with two (2) optional one-year extensions for Moyno Progressive Cavity Pumps and replacement parts used at the three (3) Wastewater Treatment Plants, for a total amount of $120,021.20, and authorize the appropriate officials to execute same. (consent) Attachments 9. Engineering 9.1Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one 12- inch reclaimed water main in the CSX right-of-way as part of the Chautauqua/Coachman Ridge Reclaimed Water Project, approve Pipeline Crossing Agreement CSX-621838, authorize the appropriate officials to execute same and adopt Resolution 09-06. Attachments 10. Planning 10.1Discuss and provide direction on issues associated with allocating the Clearwater Beach Hotel Density Reserve Attachments 11. Official Records and Legislative Services 11.1Reappoint John Timberlake and Howard Warshauer to the Public Art and Design Advisory Board with the term expiring March 31, 2013. (consent) Attachments 11.2Appoint one member to the Airpark Advisory Board with the term to expire March 31, 2013. Attachments 12. Legal 12.1Adopt Ordinance No. 7937-08 on second reading, annexing certain real property whose post office address is 2327 Nursery Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 12.2Adopt Ordinance No. 7938-08 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). Attachments 12.3Adopt Ordinance No. 7939-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 12.4Adopt Ordinance No. 8029-09 on second reading, annexing certain real property whose post office address is 1820 Beverly Circle North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 12.5Adopt Ordinance No. 8030-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 12.6Adopt Ordinance No. 8031-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 12.7Adopt Ordinance No. 8032-09 on second reading, annexing certain real property whose post office address is 1860 Carlton Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 12.8Adopt Ordinance No. 8033-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 12.9Adopt Ordinance No. 8034-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 12.10Adopt Ordinance 8035-09 on second reading, annexing certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 12.11Adopt Ordinance 8036-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Residential/Office Limited (R/OL). Attachments 12.12Adopt Ordinance 8037-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Office (O). Attachments 12.13Adopt Ordinance 8040-09 on second reading, amending Ordinance 7372-05 as amended by Ordinance 7947-08, which vacated a portion of the Easterly one-half of the 70-foot right of way of Gulfview Boulevard (a.k.a. South Gulf View Boulevard per field); subject to special conditions, extending the required date for commencement of vertical construction. Attachments 12.14Adopt Ordinance 8041-09 on second reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06 and Ordinance 7498-08, which vacated a portion of the 60-foot right-of-way of First Avenue (a.k.a First Street per field); subject to special conditions, extending the required date for commencement of vertical construction. Attachments 12.15Request authority to institute a civil action against Clark Hunt Construction, Inc. to recover $871.54, for damage to City property.(consent) Attachments 13. City Manager Verbal Reports 13.1Update on Britts and iStar properties re: beach parking garage site Attachments 13.2City Manager Verbal Reports Attachments 14. Council Discussion Items 14.1Library Rentals - Councilmemeber Cretekos (WSO) Attachments 14.2Support Ban on Cell Phone Use in Cars - Councilmember Cretekos (WSO) Attachments 15. Other Council Action 15.1Other Council Action Attachments 16. Adjourn 17. Presentation(s) for Council Meeting 17.1March is Florida Bicycle Month Proclamation Attachments 17.2Celebrate Clearwater Neighborhoods Week and Day 2009 Proclamation Attachments 17.3Home of the Quarter, Neighborhood of the Quarter and Business Beautification Award Attachments 17.4Step Up Challenge - Sybil John, Pinellas County Health Department Attachments Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Amend the City’s Local Housing Assistance Plan for State Fiscal Years 2006-09 to add new affordable housing incentive strategies to fulfill the requirements of Florida Statute 420.9076 and adopt Resolution 09-09. SUMMARY: During the 2007 legislative session, the Florida legislature passed House Bill 1375, which later established Florida Statute 420.9076. This statute requires counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to re-establish an Affordable Housing Advisory Committee (AHAC) and implement its statutory duties. The duties of the AHAC included reviewing policies and procedures, ordinances, land development and regulations and the City’s adopted comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing. The City of Clearwater passed Resolution 08-15, on June 19, 2008, which re- established the City’s AHAC. The state identified eleven (11) incentives and requested counties and cities to include at a minimum, incentives for (a) An Expedited Permitting Process and (b) The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations or plan provisions that increase the cost of housing. The AHAC met throughout the fall of 2008 to make recommendations as part of the Local Housing Incentive Strategy report. On December 18, 2008, the City Council accepted the strategy report and directed staff to take the necessary steps to incorporate the appropriate strategies into the Local Housing Assistance Plan. City staff met to review each of the AHAC recommendations. Staff is recommending the City Council adopt only those items that are clear incentive strategies for affordable housing, in the resolution. The other recommendations can be implemented through new policy and procedures. Resolution 09-09 amends the Local Housing Assistance Plan (LHAP) for state fiscal years 2006-2009 to include the recommended incentives. The City is required to notify the State of its adoption of the incentives and amendment to its LHAP. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo ? RESOLUTION NO. 09-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN COVERING STATE FISCAL YEARS 2006- 2009, ADDING NEW INCENTIVES AND AMENDING CURRENT INCENTIVES TO FULFILL THE REQUIREMENTS OF FLORIDA STATUTE 420.9076; PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY OF CLEARWATER AFFORDABLE HOUSING ADVISORY COMMITTEE (“AHAC”) has met its statutory and organizational assignments by preparing a Local Housing Incentive Strategy Report recommending incentive strategies to promote affordable housing in accordance with F.S. 420.9076; and WHEREAS, AHAC has reviewed and approved the local housing incentive strategies recommendations and reviewed the local government’s implementation of previously recommended strategies by affirmative vote at a public hearing held on November 19, 2008; and WHEREAS, the City Council is required by F.S. 420.9076 to adopt an amendment to the SHIP Local Housing Assistance Plan by Resolution to incorporate at a minimum, incentives for expedited permitting for affordable housing to a greater degree than other projects, and an ongoing review process for local policies, ordinances, regulations and plan provisions that increase the cost of housing, and other recommended incentives they wish to adopt; and WHEREAS, a list of incentives recommended by AHAC for adoption and inclusion within the SHIP Local Housing Assistance Plan by City Council is attached hereto as Exhibit “A”. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby accepts and approves the AFFORDABLE HOUSING ADVISORY COMMITTEE recommendations attached hereto as Exhibit A; Section 2. The State FY 2006-2009 SHIP LOCAL HOUSING ASSISTANCE PLAN is hereby amended to include said recommendations; Attachment number 1 Page 1 of 5 2 Section 3. Upon adoption, this Resolution and SHIP Local Housing Assistance Plan amendment shall be forwarded to the Florida Housing Finance Corporation for review and approval as required by Florida Statute 420.9076; and Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2009. ____________________________ Frank V. Hibbard Mayor- Approved as to form: Attest: __________________________ __________________________ Laura Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 2 of 5 3 Exhibit “A” The Affordable Housing Advisory Committee has recommended the following incentives: Incentive No. 1: The Processing of approvals of development orders or permits, as defined in s.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. The Planning Department already expedites the review process for any site plan, land use amendment, rezoning, or annexation application for an affordable housing project within the City of Clearwater. Some affordable housing projects (rehabilitation or new construction) are approved administratively; otherwise the project goes to the immediate next session of the Community Development Board. For Building Permit Applications, the City has a “Request for Expedited Permit Processing for Affordable Housing Activity” available through the Economic Development and Housing Department. This form allows the application to be expedited through the review process. Incentive No. 2: The allowance of flexibility in densities for affordable housing. The City encourages flexible densities for affordable housing developments in both the Future Land Use Element and the Housing Element of the City’s Comprehensive Plan. The following policy in the Future Land Use Element allows for flexible densities: “Policy A.2.2.7- The City will provide for density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code”. The same policy applies to Housing Element as policy C.9.1: Policy C.1.9.1- The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code.” Attachment number 1 Page 3 of 5 4 The City grants flexibility in densities to developers through the City’s Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: flexible standard development and flexible development. Incentive No. 3: The reduction of parking and setback requirements for affordable housing The City encourages the reduction of parking and setback requirements for affordable housing in the Housing Element of the City’s Comprehensive Plan. The following policy in the Housing Element supports the reduction of parking and setback requirements for affordable housing. “Policy C.1.9.2 – Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of immediate vicinity.” “Policy C.1.9.3 – Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1,000 feet of a transit stop.” The City currently allows flexibility in parking and setback requirements for affordable housing through the City’s Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Incentive No. 4: The allowance of flexible lot configurations, including zero-lot-line configuration for affordable housing. The City currently allows for site plan flexibility through the development review process, as supported by the City’s Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such criteria may allow for more flexible site plan configurations, but may also require an improved site plan to document how the flexibility will result in better design and /or appearance. For example, the flexibility criteria tied to residential infill projects within the High Density Residential (“HDR”) District include: “Article 2, Section 2-504 (F.6) The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; (F.7) Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Attachment number 1 Page 4 of 5 5 Incentive No. 5: The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations or plan provisions that increase the cost of housing. The City has a process in place by which it considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. The City will also create an internal policy to this effect. Incentive No. 6: The preparation of a printed inventory of locally-owned public lands suitable for affordable housing. The City maintains an inventory of locally-owned public lands suitable for affordable housing. Incentive No. 7: The support of development near transportation hubs, and major employment centers and mixed-use developments. The Future Land Use Element of the City’s Comprehensive Plan supports the location of residential uses within “mass transit and neighborhood-serving land uses” and near transit lines: Policy A.2.2.2 – Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well- drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses.” Policy A.6.8.7 – Create mixed-use, higher density and livable communities through design and layout, near existing transit lines as well as proposed TBARTA lines and stations. Also support walkability concepts near projected TBARTA stations. In addition, the Housing Element of the Comprehensive Plan states” “Policy C.1.4.2 – Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers.” Attachment number 1 Page 5 of 5 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Approve the East Gateway District Façade and Building Lot Improvement Program and Loan-to-Grant Agreement and authorize staff to implement the program. (consent) SUMMARY: The proposed East Gateway District Façade and Building Lot Improvement Program provides incentives for private reinvestment within the district’s aging commercial corridors as a way to enhance the physical environment and, in turn, the economic and social viability of the area. An attractive environment draws the attention of customers—old and new—who associate quality of place with the quality of products and services offered. Surrounding residential areas would also reap benefits from a more viable commercial district. Two forms of program assistance are offered: 1) Conceptual Design Services: Design services by Florida licensed, City-approved architects/engineers are available to assist an eligible property owner in creating a conceptual design of their improvement project (a grant paid by the CRA up to $4,000); and 2) Project Funding Assistance will be available to an eligible property owner to offset eligible project improvement costs. Funding for improvements is through a zero-interest loan that may convert to a grant over the five-year loan term using Community Development Block Grant (CDBG) funds. The maximum loan amount per commercial property is $35,000, provided the property owner applies private funds for eligible project costs representing at least 20% of the loan amount. The program defines eligible properties, property owners and improvement projects. Generally, the applicant must be the property owner and properties must be commercial in use and located on Gulf-to-Bay Boulevard or Cleveland Street within the East Gateway District. Improvements include the construction, installation, or renovation of windows, doors, awnings, porches, arcades, painting, pavement, and other façade and property improvements. Funding for the program is derived from CRA East Gateway line item (conceptual design services and landscaping at $20,000) and U.S. Department of Housing and Urban Development (HUD) CDBG funds (detailed design services and project construction at $75,000). Funds are available on a first-come, first-serve basis for those projects that meet the minimum point system and outlined criteria. A Loan-to-Grant Agreement sets forth terms and conditions for funding assistance including continued maintenance of the improvements over the five year loan-to-grant period. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:95,000 Annual Operating Cost: Not to Exceed:Total Cost:95,000 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0687-0000-128165-000-0000 75,000 CDBG $ for Improvements 0388-94849 20,000 CRA $ for Design Review Approval: 1) Office of Management and Budget 2) Legal 3) Economic Development and Housing 4) Office of Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager ED 8) Clerk 9) City Manager 10) Clerk Cover Memo P ROGRAM GUIDELINES FACADE & BUILDING LOT I MPROVEMENT P ROGRAM E AST G ATEWAY D ISTRICT CITY OF CLEARWATER & CLEARWATER COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 18, 2009 Attachment number 1 Page 1 of 35 DRAFT Attachment number 1 Page 2 of 35 DRAFT February 18, 2009 Dear East Gateway Property Owner: Thank you for your interest in the East Gateway District Façade & Building Lot Improvement Program. The purpose of the program is to assist East Gateway District commercial property owners in improving the appearance of building exteriors and building sites that are highly visible from major streets. The program’s primary goal is to stimulate further investment in the district by transforming the look and feel of commercial corridors. The program offers two forms of assistance to eligible property owners: Conceptual Design Services. Professional designers are available through the City to help design improvement projects. Starting with the property owner’s ideas, a designer will apply technical skills and knowledge of City regulations to create a design that meets program objectives, as well as the project budget. Depending upon the scale and character of the project, up to $4,000 in funding is available for eligible project design services. Project Funding Assistance. To help offset eligible project costs (e.g., architectural drawings, site plan, construction plans, permits, building materials and construction services), up to $35,000 in “loan-to-grant” funds are available to a property owner that contributes private funds equal to or greater than 20 percent of the established loan amount. If a property owner meets all program requirements, the zero-interest loan will transition to a grant over a five-year period. The attached East Gateway District Façade & Building Lot Improvement Program Guide provides further details on program, including the information on the application and approval process. Please note that all required City approvals must be obtained before beginning work on your improvement project or program funding may be voided. Thank you for continued investment in the East Gateway District. Working together, we can restore prosperity and livability in this important Downtown neighborhood. Sincerely, Geraldine Campos Lopez, Director Economic Development and Housing Department 112 S. Osceola Street Clearwater, Florida 33756 Phone: (727) 562-4026 www.myclearwater.com Attachment number 1 Page 3 of 35 DRAFT [This page intentionally left blank.] Attachment number 1 Page 4 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page i PROGRAM GUIDELINES EAST GATEWAY DISTRICT FACADE & BUILDING LOT IMPROVEMENT PROGRAM TABLE OF CONTENTS 1. PROGRAM OVERVIEW ....................................................................................................1 2. PROGRAM ASSISTANCE .................................................................................................2 A. Design Services.....................................................................................................................................2 B. Project Funding.....................................................................................................................................3 3. PROGRAM ELIGIBILITY ...................................................................................................4 A. Eligible Properties & Property Owners...............................................................................................4 B. Eligible Projects......................................................................................................................................4 4. APPLICATION PROCESS .................................................................................................5 A. Application Submittals & Review.......................................................................................................5 B. Proof of Financial Feasibility................................................................................................................6 5. CONSTRUCTION PROCESS ..............................................................................................7 A. Eligible Contractors..............................................................................................................................7 B. Timely Performance..............................................................................................................................7 C. Davis-Bacon Act Labor Standards....................................................................................................7 D. Debarment Check...............................................................................................................................8 E. Permit Requirement..............................................................................................................................8 F. Inspection...............................................................................................................................................8 6. DISBURSEMENT OF LOAN PROCEEDS ..............................................................................8 7. ADDITIONAL REQUIREMENTS ..........................................................................................9 A. Maintenance........................................................................................................................................9 B. Alterations..............................................................................................................................................9 C. Loan Forgiveness..................................................................................................................................9 D. Equal Employment Opportunity........................................................................................................9 E. Records...................................................................................................................................................9 F. Civil Rights...............................................................................................................................................9 G. Displacement of Tenants....................................................................................................................9 Figures Figure 1 East Gateway District Map Attachment number 1 Page 5 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page ii Exhibits Exhibit A Program Application Part I (Design Services) Exhibit B Program Application Part II (Funding Assistance) Exhibit C Program Steps Exhibit D Loan-to-Grant Agreement Attachment number 1 Page 6 of 35 DRAFT Facade Improvement & Building Lot Improvement Program East Gateway District Revision Date: 02/18/09 Page ii Figure 1 East Gateway District DRAFT Facade Improvement & Building Lot Improvement Program East Gateway District Revision Date: 02/18/09 Page iii [This page intentionally left blank.] DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 1 of 10 EAST GATEWAY DISTRICT FIVE-YEAR ACTION PROGRAM GOALS To engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; To achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; To establish a unique and positive identity that instills neighborhood pride and sense of ownership; and To revitalize the neighborhood to attract reinvestment in private property. 1. PROGRAM OVERVIEW In 2006, the City of Clearwater Community Redevelopment Agency (CRA) initiated a community-based planning effort for the revitalization of the East Gateway District, a declining downtown neighborhood. The 176-acre East Gateway District is located on the eastern side of downtown between Missouri Avenue and Highland Avenue and Court Street and Drew Street (see Figure 1). The planning effort culminated in the CRA approved East Gateway District Five-Year Action Program. The Action Program contains a series of action items oriented to the following goals: Because strong commercial districts have a stabilizing influence on neighborhoods, the CRA established the East Gateway District Façade & Building Lot Improvement Program (Program). The program provides incentives for private reinvestment within East Gateway’s aging commercial corridors as a way to enhance the physical environment and, in turn, the economic and social viability of the area. Improvements to a single building in a run-down commercial district can strengthen commitment to and belief in the district’s future, influencing other property owners to do the same. A more attractive environment draws the attention of customers—old and new—who associate quality of place with the quality of products and services offered. Surrounding residential areas also reap benefits from more viable commercial districts. Funding for the program is derived from U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and CRA Tax Increment Financing funds. EAST GATEWAY DISTRICT FAÇADE & BUILDING LOT IMPROVEMENT PROGRAM OBJECTIVES Stabilize existing businesses and stimulate new business activity by improving the overall visual quality of existing buildings. Improve the view from the street by focusing on improvements most visible to customers, neighboring merchants and residents, and pass-by traffic. Establish a positive neighborhood image and a “sense of place” that are vital to the economic revitalization of the area. Promote green building and Crime Prevention through Environmental Design (CPTED) techniques applicable to building facade and site design. Leverage City funds for neighborhood revitalization and economic development by encouraging private investment in facade and building lot improvements. Attachment number 1 Page 9 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 2 of 10 These Program Guidelines represent the intent of the CRA to implement the East Gateway District Façade and Building Lot Improvement Program. The CRA may amend the Program Guidelines from time to time in order to accommodate new or changing laws or policies and procedures applicable to the program. 2. PROGRAM ASSISTANCE Conceptual Design Services. Design services by Florida licensed, CRA-approved architects/engineers are available to assist an eligible property owner in creating a conceptual design of their improvement project. Project Funding Assistance. Funding assistance is available to an eligible property owner to offset eligible project costs. Funding is through a zero-interest loan that may convert to a grant over the five-year loan term. The maximum loan amount per commercial property is $35,000, provided the property owner applies private funds for eligible project costs representing at least 20% of the loan amount. A. DESIGN SERVICES Prior to the issuance of a loan commitment to the property owner, the Program Committee must accept the conceptual design and preliminary cost estimate for the property owner’s improvement project. The Program Committee is comprised of City Economic Development & Housing and Planning department staffs. A CRA-approved design firm of the property owner’s choosing will develop the conceptual design and cost estimate. Design services are available for a 60-day period beginning on the date the property owner is notified that the application has been accepted by the Economic Development & Housing Director (Director) and Executive Director of the CRA (Executive Director). The following services are included under the design assistance part of the program: Existing Conditions Analysis. Site visit and photo inventory of building/site and surrounding properties. Design Consultation #1. One-hour meeting with the property owner, designer and the Program Committee to discuss project needs, preferences and budget. During the consultation, the property owner will receive professional guidance on suitable designs. Draft Conceptual Design. Graphic representations of ideas generated at Design Consultation #1 are developed by the designer, taking into consideration building mass, scale, rhythm, spacing and other physical characteristics, building site and surroundings. The conceptual design must be consistent with the Clearwater Downtown Redevelopment Plan and Downtown Design Guidelines (myclearwater.com/gov/depts/planning/divisions/Lrplan/plans/downtown_plan/ index.asp). Design Consultation #2. One-hour meeting with the applicant, designer and the Program Committee to review design concepts and address any outstanding issues. Attachment number 1 Page 10 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 3 of 10 Fees for the foregoing design services are limited to $1,000 per 30 linear feet of eligible building façade up to a maximum of $4,000. An additional fee of up to $1,000 is available for design of site improvements (e.g., landscaping, outdoor café area, etc.). Fees for said design services will be paid by the CRA directly to the CRA-approved design firm. Design services other than those listed above (e.g., detailed designs or construction plans) shall be arranged under separate contract between the property owner and a design firm, and payment therefore shall be the sole responsibility of the property owner. B. PROJECT FUNDING Program loans are available on a first-come, first-served basis, contingent upon funds availability. The maximum loan is 80% of eligible project costs, up to $35,000 per property. The property owner is responsible for the all projects costs that exceed the maximum loan amount and for all ineligible project costs. FUNDING SCENARIOS Example 1: Total Project Costs $25,000 - Eligible project costs (see listing on page 5) $25,000 - Ineligible project costs N/A Maximum loan amount1 $20,000 Property owner (applicant) contribution $5,000 - Eligible project costs above maximum loan amount $5,000 - Ineligible project costs N/A Example 2: Total Project Costs $50,000 - Eligible project costs (see listing on page 5) $45,000 - Ineligible project costs (e.g., roof repair) $5,000 Maximum loan amount1 $35,000 Property owner (applicant) contribution $15,000 - Eligible project costs above maximum loan amount $10,000 - Ineligible project costs $5,000 Notes: 1. Maximum loan amount equals 80% of eligible project costs or $35,000, whichever is less. Program loans are 0% interest. Provided that the property owner complies with all terms and conditions of the program and Loan-to-Grant Agreement, the loan principal will be forgiven at a rate of 20% per annum, converting to a 100% grant within five years from the date of the Loan-to-Grant Agreement (see Section 7.C and Exhibit D). A loan is secured through an executed Loan-to-Grant Agreement between the loan applicant and the City. Attachment number 1 Page 11 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 4 of 10 3. PROGRAM ELIGIBILITY A. ELIGIBLE PROPERTIES & PROPERTY OWNERS Eligibility for assistance under the program requires that all of the following criteria are met: Applicant is the property owner; Property is located on Gulf-to-Bay Boulevard or Cleveland Street within the East Gateway District shown in Figure 1; Property is zoned Downtown District (D), Commercial District (C) or Office District (O) The property is not a single family residence; Property does not have current or outstanding code violations (Note: Code violations may be remedied in conjunction with an improvement project; however, costs for said remedy may not be funded with program funds); Property is not associated with a Problematic Use as defined in the Community Development Code; Applicant is current on Business Tax Receipt and property taxes; Applicant demonstrates financial feasibility, including equity value in the property or other acceptable collateral; and Property is not the subject of a current Loan-to-Grant Agreement under this program. B. ELIGIBLE PROJECTS Eligible project improvements/costs include those listed on page 5 when applied primarily to the principal or street-facing façade(s) or lot area(s). Other improvements may be determined to be eligible on a case-by-case basis. Loan funds will be extended only for exterior work resulting in the significant improvement or enhancement of the building façade or lot. Improvement projects must be of high quality and designed and constructed by qualified, licensed professionals. The City shall have the authority to determine the eligibility or ineligibility of all proposed work. Note: Facade improvements made prior to approval of the program application will not be eligible for funding assistance. Ineligible improvements include roofs, general structural upgrades, non-permanent fixtures (excluding approved landscaping), security systems, personal property, interior window coverings, equipment, foundation work, business equipment, fencing, operating capital or refinancing and any improvements deemed to be inconsistent with program objectives. Improvements must comply with all applicable regulations, including American with Disability Act requirements, and Downtown Design Guidelines. Any code violations must be resolved prior to or during construction of the improvement project. Costs to resolve code violations that do not represent an eligible project cost shall be borne solely by the applicant. Attachment number 1 Page 12 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 5 of 10 ELIGIBLE PROJECT IMPROVEMENTS/COSTS Construction, installation or renovation: - Windows - Doors - Awnings - Marquees - Shutters - Cornices - Parapet - Balconies - Porches - Arcades - Display window lighting Exterior wall treatments:1 - Painting (entire building façade)1 - Stucco/plastering Removal of elements covering architectural details Exterior signage (permanently affixed and integrated into the building architecture) Decorative exterior lighting2 Pavement between door and sidewalk Landscaping3 Other improvements4 Detailed design/construction drawing fees4 Permit fees5 6 Notes: 1. Painting of unpainted brick or masonry is strongly discouraged. 2. When part of an overall improvement project. 3. May not be funded with CDBG funds and, therefore, are subject to CRA funds availability. 4. To be considered by the Economic Development & Housing Director and Executive Director of the CRA on a case- by-case basis. 5. Costs shall not exceed 10% of total eligible project costs. Does not include conceptual design services under Design Services (Part I) of this program, which are funded by the CRA. 6. Includes permits required to lawfully construct the improvement project. The City must approve all proposed improvements projects. The City reserves the right to require certain minimum improvements as part of the applicant’s project in order to meet program objectives and ensure compliance with the Downtown Redevelopment Plan and Clearwater Community Development Code. 4. APPLICATION PROCESS A. APPLICATION SUBMITTALS & REVIEW The Director and the Executive Director will determine the completeness of program applications, and may request further information in support of an application. The decision to accept an application will be based on funds availability and project merits, including support of East Gateway District goals and program objectives. The Program Committee shall be responsible for the evaluation of program applications and funding determinations. Part I: Application for Design Services Design services for the creation of a conceptual project design are available to an applicant upon acceptance of Part I: Application for Design Services. When the conceptual design is accepted by the Program Committee, the applicant may Attachment number 1 Page 13 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 6 of 10 then proceed with detailed design (e.g., architectural drawings and/or site plan) and permitting of the project—required submittals for Part II: Application for Funding Assistance (below). Note: Detailed design and permitting costs are the sole responsibility of the applicant. However, detailed design costs for eligible project improvements may be considered part of the required applicant contribution to total eligible project costs, so long as these design costs do not exceed 10% of total eligible project costs. Part II: Application for Funding Assistance Prior to completing Part II: Application for Funding Assistance, the applicant must secure all required development approvals for the project. The project, as presented in the application, will be reviewed by the Program Committee in the context of the Project Review Criteria (below). The review criteria are weighted, with a maximum score of 100 points. Projects scoring less than 60 points as determined by the Program Committee in its sole discretion will not be offered a program loan. PROJECT REVIEW CRITERIA MAXIMUM POINTS 1. Comprehensiveness of project and consistency with the Downtown Design Guidelines 20 2. Degree of blight removal and positive visual impact 15 3. Quality of design & materials 15 4. Level of private investment being made 15 5. Contribution to streetscape aesthetics & function 15 6. Application of green building & site techniques 10 7. Application of CPTED1 techniques 10 Maximum Score 100 B. PROOF OF FINANCIAL FEASIBILITY The applicant must verify to the satisfaction of the City the funding of any non-program funded portion of the project. Verification means that sources of funds are committed, terms and conditions are known and sources have the capacity to deliver. Funding for the non-program portion of a project is the responsibility of the applicant and can come from a variety of sources, including cash investment, bank financing and personal loans. To the City, the source is not as important as whether or not that source is committed to funding a portion of the project and if that funding can be verified. 1 Crime Prevention through Environmental Design Attachment number 1 Page 14 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 7 of 10 CONSTRUCTION PROCESS SUMMARY Project must be completed within nine (9) months of the City’s Notice to Proceed (i.e., execution of Loan-to-Grant Agreement). Davis-Bacon Act wage standards apply to all improvements over $2000. No contractors shall be on the HUD debarment list. Applicant is responsible for securing all required permits. Use of lead-based paint is prohibited in federally funded projects. Project must be compliant with the Americans with Disabilities Act throughout the five-year loan-to-grant period. 5. CONSTRUCTION PROCESS A. ELIGIBLE CONTRACTORS When all required development approvals are secured, the applicant shall strive to obtain at least three (3) written bids from qualified, Florida licensed contractors to perform the project work. Each bid solicited by the applicant must be in response to an identical scope of work for the project. Prior to the awarding a bid, the applicant must provide the City with information on the proposed bid award, as well as the rejected bids. The contractor awarded the bid must show evidence of adequate liability and workers’ compensation insurance coverage. Said contractor is required to file all construction lien releases with the Economic Development & Housing Department prior to the final loan disbursement. B. TIMELY PERFORMANCE All projects assisted by this program must be completed in a timely manner. The contract will allow a maximum of nine months for completion. When it can be demonstrated that circumstances clearly beyond the applicant’s control prohibit completion within nine months, the City may grant one extension. Failure to complete the project in a timely manner will result in a cancellation of the contract, de-obligation of any unexpended funds, and at the discretion of the City, recapture of expended funds. C. DAVIS-BACON ACT LABOR STANDARDS Federal labor standards provisions of the Davis-Bacon Act require that all employees working on a construction project that is wholly or partially federally-funded are entitled to receive the prevailing wage rate for that locality as established by the U.S. Department of Labor. This standard applies to all construction contracts in excess of $2,000. Prevailing wage rates are listed in the Davis-Bacon Wage Decision, a listing of various construction work classifications, such as carpenter, plumber and electrician, and the minimum rates (and fringe benefits) that people performing work in those classifications must be paid. Attachment number 1 Page 15 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 8 of 10 During the construction process on all loan funded projects, contractors must submit weekly certified payroll reports beginning with the first week the contractor works on the project and for every week afterwards until the contractor has completed its work. In addition, contractors must make their employees available at the job site for confidential interviews with City (Economic Development & Housing staff) as to the type of work they perform and their rate of pay. Every effort will be made to cause as little disruption as possible to on-going work during the interviews. For more information on the Davis-Bacon Act visit www.hud.gov/offices/olr/index.cfm. D. DEBARMENT CHECK All contractors will be reviewed to determine that they are not on the HUD debarment list. Debarment is the ineligibility of a contractor to engage in any federally funded projects because of previous federal labor standards violations. E. PERMIT REQUIREMENT The applicant is responsible for securing all required development approvals (including building permits) for the project before commencing construction, renovation or painting activities. Any said activities commenced prior to obtaining required development approvals may result in voiding of program funding. F. INSPECTION The applicant shall permit inspection of the property by the City for compliance with all City codes and ordinances pertaining to code compliance and such other inspections deemed necessary in connection with the property, the rehabilitation work and all contracts, materials, equipment, machinery, fixtures, payrolls, and conditions of employment pertaining to the work. The City will make a determination that the after- improvement value of the building is adequate to protect the City’s loan interest. 6. DISBURSEMENT OF LOAN PROCEEDS Prior to disbursement of loan funds, the applicant must execute a Loan-to-Grant Agreement with the City that states the terms and conditions of the loan (see Exhibit D Loan-to-Grant Agreement). Upon applicant default of any term or condition of the Loan-to-Grant Agreement, the City may call the remaining pro rata share of the loan amount due and payable to the City. Loan funds for satisfactorily completed, contract-specified work will be disbursed by the City after the applicant’s entire contribution for work has been paid to the contractor(s) for invoiced work. At no time will the City have more loan funds disbursed than the percent of work completed. Upon receiving properly executed invoices for satisfactorily completed work from the applicant, the City will make payment directly to the contractor for the amount of eligible costs specified in the invoice. Requests for loan disbursement are limited to 30%, 60% and 100% project completion milestones. The City will provide the applicant with disbursement forms and instructions for submittal of properly executed invoices. Typically, loan disbursement by the City for eligible costs takes two to three weeks. Attachment number 1 Page 16 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 9 of 10 Note: Disbursement will be made only to those contractors who have submitted weekly- certified payroll forms. 7. ADDITIONAL REQUIREMENTS A. MAINTENANCE When borrowing program funds, the applicant agrees to maintain the improvements, as determined by the City in its sole discretion, for a period equal to the term of the loan (five years). B. ALTERATIONS The applicant agrees not to change or alter elements of the improvement project without prior written approval from the City for a period equal to the term of the loan (five years). C. LOAN FORGIVENESS Provided that the property owner complies with all terms and conditions of the program and Loan-to-Grant Agreement, program loans shall be forgiven in 20% increments on an annual basis such that at the end of the five-year loan term, the full loan amount will be deemed forgiven and the loan balance will be $0. If the applicant (property owner) sells the property during the five-year loan period, the remaining pro rata share of the loan amount shall become due and payable to the City within 30 calendar days, unless the succeeding property owner formally agrees to continue the maintenance obligation for the remainder of the loan term. D. EQUAL EMPLOYMENT OPPORTUNITY The applicant shall comply with all applicable provisions of federal statutes and regulations concerning equal employment opportunities for persons engaged in rehabilitation work undertaken in connection with program assistance. E. RECORDS The applicant shall keep such records as may be required by the City in connection with the project for a period of five years. F. CIVIL RIGHTS The applicant shall not discriminate upon the basis or race, color, sex, marital status, handicap, religion or national origin in the sale, lease, rental, use or occupancy of the property to be assisted. G. DISPLACEMENT OF TENANTS No financial assistance will be provided if the project involves the permanent and involuntary displacement of tenants unless the applicant agrees to provide financial assistance to the tenants at levels consistent with the Federal Relocation and Real Attachment number 1 Page 17 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Page 10 of 10 Property Acquisition Act, as amended. Temporary relocation may be permitted with costs allowable as a project cost. Attachment number 1 Page 18 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Exhibit A Part I: Application for Design Services Attachment number 1 Page 19 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part I Page 2 of 2 Attachment number 1 Page 20 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part I Page 1 of 2 PART I: APPLICATION FOR DESIGN SERVICES Application Must Be Submitted in Person [Do Not Mail] SECTION A – GENERAL INFORMATION 1. Applicant Information: Property Owner: SS# or FEIN# Contact Name: Contact Address: City/State/Zip: Phone: Fax: Email: Owner Type (Check One) Individual LLC Proprietorship Corporation Partnership 2. Property Information: Building Name: Legal Description: Building Address: Total Building Sq. Ft. Parcel dimensions: Ft. X Ft. Parcel Area: Sq. Ft. Length of Building façade facing primary public street right-of-way: Linear Ft. Length of Building façade facing secondary public street right-of-way: Linear Ft. Zoning: Business License # Economic Development & Housing 112 S. Osceola Street, 1st Floor Clearwater, Florida 33756 Phone: (727) 562-4026 Fax: (727) 562-4075 www.myclearwater.com Façade & Building Lot Improvement Program East Gateway District Attachment number 1 Page 21 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part I Page 2 of 2 SECTION B – IMPROVEMENT PROJECT IDEAS Type of improvements desired (check all that apply): Exterior walls Windows/doors Awnings/canopies Shutters Signage Painting Cornice Landscaping Outdoor café area Lighting Pavers Other Describe your desired improvement project. Attach additional sheets, if needed. What is your estimated budget? $ Provide the following (if available): Photos of architectural styles you prefer Current site/floor plan Historical photos of your property The undersigned (Applicant) warrants that the information provided herein is to the best of his/her knowledge, true and correct. The Applicant further understands that the use of this information is only for consideration of Part 1: Design Services part of the East Gateway District Façade and Building Lot Improvement Program. Upon acceptance of this application by the Economic Development and Housing Director and Executive Director of the CRA, the Applicant shall schedule and participate in a minimum of two (2) design consultations with a City approved design firm for purposes of conceptual design of the improvement project. The City shall not consider the Applicant’s request for funding assistance (Part II) until a conceptual design plan has been submitted to the City along with the completed Part II Application for Funding Assistance. The Applicant also acknowledges that fee for design services provided for under Part 1D Design Services will be paid by the City directly to the City approved design firm upon City acceptance of the conceptual design. The fee for any additional design services ordered by the Applicant will be at the sole expense of the Applicant. Property Owner Signature: Date: FOR CITY USE ONLY Initial Contact: Application (Part I) Complete: Property File No: Business in East Gateway District Current on property taxes Valid Business Tax Receipt Design Assistance: Approved Denied Date: Design Firm: Project Manager: Design Firm: Project Manager: Pre-application Meeting Attendance Post-Application Meeting Attendance Additional Meeting Additional Meeting BPRC Comments: Signature: Date: Director, Economic Development & Housing Department Signature: Date: Executive Director, CRA Attachment number 1 Page 22 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Exhibit B Part II: Application for Funding Assistance Attachment number 1 Page 23 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Attachment number 1 Page 24 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part 2 Page 1 of 2 PART 2: APPLICATION FOR FUNDING ASSISTANCE Application Must Be Submitted in Person [Do Not Mail] SECTION A – APPLICANT INFORMATION Applicant: Attach approved copy of Part 1: Application for Design Services SECTION B – PROJECT OVERVIEW Describe in detail the proposed improvement project. (Attach additional sheets if needed) Project start date: Project completion date: SECTION C – SUPPORTING INFORMATION (ATTACHMENTS) Approved building plans and specifications Photographs of existing building and project area Samples of paint colors and materials to be used Three (3) contractor bids or quotes for all work proposed (Florida licensed contractors only) Demonstration of financial capability, (property title binder and/or credit check and appraisal if determined necessary SECTION D – FUNDING REQUEST (A) Estimated Project Costs: $ (Eligible project costs only) (B) Requested Loan Funds: $ (May not exceed 80% of (A)) (C) Applicant Funds: $ Existing or pending liens against the property? No Yes If yes, describe: Economic Development & Housing 112 S. Osceola Street, 1st Floor Clearwater, Florida 33756 Phone: (727) 562-4026 Fax: (727) 562-4075 www.myclearwater.com Façade & Building Lot Improvement Program East Gateway District Attachment number 1 Page 25 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part 2 Page 2 of 2 SECTION E – DISCLOSURE By signing and submitting this application, the applicant hereby agrees to the following: 1. Applicant agrees that the acceptance of this application does not commit the City to enter into an agreement, to pay any costs incurred in its preparation, to participate in subsequent negotiations or to contract for the project. Further, the acceptance of this application does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right to reject any or all applications or to request more information from the applicant. 2. Applicant agrees that a Façade & Building Lot Improvement Program (Program) loan will only be considered for the proposed project by the City if: 1) a Program application was submitted to the Economic Development& Housing Department; 2) a conceptual design of the project has been completed and is included with this application; and 3) three (3) bids or quotes for all proposed work are included with this application. 3. Applicant hereby certifies that all information contained in this application, inclusive of attachments, is true and correct to the best of the applicant’ knowledge. Applicant also gives permission to the City to request further information, contact respective financial and credit reporting institutions and perform other related research necessary for the reasonable evaluation of this proposal. Should assistance be provided applicant/borrower agrees: 1. To comply with all applicable provisions of federal statutes and regulations concerning equal employment opportunities for persons engaged in rehabilitation work undertaken in connection with program assistance. 2. To keep such records as may be required by the City in connection with the work to be assisted. 3. To not discriminate upon the basis of race, color, sex, martial status, handicap, religion or national origin in the sale, lease, rental, use or occupancy of the property to be assisted. 4. That NO financial assistance will be provided if the project involves the permanent and involuntary displacement of tenants unless the applicant agrees to provide financial assistance to the tenants at levels consistent with the Federal Relocation and Real Property Acquisition Act, as amended. Such assistance granted will not, however, be counted in the private match requirement. In addition, the applicant is aware of the following: 1. This assistance involves federal funds and requires compliance with federal guidelines, including Davis-Bacon Wage Rates, Handicapped Accessibility and Historic Preservation. 2. If assistance is given, an audit of the project may be required. 3. Financial assistance will not be provided if property taxes or special assessments are in arrears. 4. The City will pay loan proceeds directly to the applicant’s contractor upon submittal of acceptable invoices for eligible project costs. 5. The applicant will be obligated to maintain the building improvements for a period equal to the terms of the loan. Applicant (Property Owner) Signature: Title: Print Name: Date: Attachment number 1 Page 26 of 35 Revised: 10/27/08 Façade & Building Lot Improvement Program Application - Part 2 Page 3 of 2 FOR CITY USE ONLY Application (Part II) Complete: Property File No: Final Inspections Estimates (2) Submitted Valid Business Tax Receipt Design Assistance: Approved Denied Date: Design Firm: Project Manager: Design Firm: Project Manager: Pre-application Meeting Attendance Post-Application Meeting Attendance Additional Meeting Additional Meeting BPRC Comments: Signature: Date: Director, Economic Development & Housing Department Signature: Date: Executive Director, CRA Attachment number 1 Page 27 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Attachment number 1 Page 28 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Exhibit C Program Steps Attachment number 1 Page 29 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits PROGRAM STEPS This section provides step-by-step instructions to the application and decision-making process for the East Gateway District Façade & Building Lot Improvement Program. PART I: DESIGN SERVICES Step 1: Pre-Application Applicant formulates ideas for improvement project by considering: - Existing assets of your building and lot and how new features such as awnings, accent lighting, new signage or landscaping might accentuate them; - Consistency with the Downtown Design Guidelines, Clearwater Downtown Redevelopment Plan (viewable at myclearwater.com/gov/depts/planning/ divisions/Lrplan/plans/downtown_plan/index.asp); - Design harmony with neighboring buildings; and - Project Review Criteria that will be used to score your project (Note: Projects that score below 60 points will not be offered funding assistance.). Applicant attends pre-application meeting with the Program Committee to discuss requirements and project ideas. Step 2: Application (Part I) Applicant completes Program Application Part I and submits to the Economic Development & Housing Department. After applicant is informed that the application is complete and that program eligibility requirements are met, applicant selects a CRA-approved design firm(s) to create a conceptual design of the project. Note: A list of design firms is maintained by the Economic Development & Housing Department. Step 3: Conceptual Project Design If design services from a CRA-approved design firm are requested: - An architect/engineer will be assigned to assist with the project design. - Applicant, architect/engineer and Program Committee meet to discuss project design. - Design assistance is available to the applicant at no charge up to a maximum dollar amount (see formula on page 3). Design services in excess of funding limits will be charged to the applicant at the contract rates charged to the CRA. - Architect/engineer completes project design and provides cost estimates and recommendations to the applicant. - Applicant submits project design to the Program Committee for conceptual design approval. If design services from the applicant’s own architect are used: - Complete project design with applicant contracted architect. Attachment number 1 Page 30 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits - Applicant submits project design to the Program Committee for conceptual design approval. Applicant and design firm modify project design as recommended by Program Committee. Optional: Applicant presents design project to the Clearwater Building Plans Review Committee (BPRC) and receives information about Community Development Code requirements and the development review process applicable to the project. Contact the Building Division at (727) 562-4567 to schedule an appointment. Step 4: Preliminary Design Review & Loan Commitment Applicant and design firm meet with Program Committee to discuss project scope, costs, schedule, funding and permitting needs. Program Committee conducts a preliminary design review and scores the project (see Project Review Criteria on page 6). The Committee may recommend ways to modify the project to improve its score. Upon notification of project eligibility for a loan commitment by the Economic Development & Housing Department Director (Director) and Executive Director of the CRA (Executive Director), applicant proceeds to Part II: Funding Assistance. PART II: FUNDING ASSISTANCE Step 5: Application (Part II) Applicant completes Program Application, Part II (including all required documentation) and submits to the Economic Development & Housing Department. Step 6: Project Design Applicant contracts with architect/engineer to prepare detailed drawings and/or site plan. Note: Payment for detailed design service fees is the responsibility of the property owner. However, a portion of program funding may be used for said costs. Applicant notifies the Director of any material change to the project design provided with Program Application, Part II (Step 5). The Director and Executive Director must approve any change in writing. Note: Material changes that result in a lower project score may affect program funding for the project. Applicant secures site plan approval, if applicable. Step 7: Contractor Construction Bids Applicant strives to obtain a minimum of three written bids from qualified, Florida licensed contractors to perform the project work. Applicant notifies the Director of intent to award the bid and provides information on the proposed bid award as well as rejected bids. The Director advises the applicant of the City’s intent to execute the Loan-to-Grant Agreement (see Step 8). Note: The executed Loan-to-Grant Agreement represents the City’s “Notice to Proceed: to the applicant to contact with the contractor and Attachment number 1 Page 31 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits begin construction. Work started prior to the “Notice to Proceed” may result in voiding of the program application. Step 8: Loan-to-Grant Agreement Borrower (Applicant) and City execute Loan-to-Grant Agreement specifying loan amount and terms and conditions of the program funding. Immediately after execution of the Loan-to-Grant Agreement, Borrower enters into a contractual agreement with the contractor to perform the work. The contract informs the contractor of the Federal Labor Standards, Procurement Requirements and Davis Bacon Act provisions applicable to the project. Note: All contractual obligations regarding project work are between the applicant and contractor. The City/CRA does not have any contractual relationship with the contractor. Step 9: Construction Borrower issues a notice to proceed to the contractor. Borrower is solely responsible for scheduling and monitoring the construction of the project. Borrower informs the Director of any anticipated material changes to the project. The Director and Executive Director must approve material changes in writing. Borrower completes the construction project within nine months of the effective date of the Loan-to-Grant Agreement. Borrower is solely responsible for submitting approved contractor/supplier/vendor invoices for eligible project expenses to the Director for processing and payment to the contractor/supplier/vendor. Contractor invoices shall detail the specific tasks completed in accordance with the approved project design. Ineligible project expenses for contractors/suppliers/ vendors are the sole responsibility of the Borrower. Borrower is solely responsible for ensuring that all work performed on the project is done properly and satisfactorily. Upon project completion, the Borrower requests the Director to initiate review of the work. Borrower submits items listed below to the Director: a. Certificate of Occupancy; b. Cover letter indicating completed project status, total project costs and loan amount (based on total amount of construction draws for eligible project costs); c. Unconditional lien releases as proof of payment of all contractor invoices for project costs (eligible and ineligible), including payment of any invoices from subcontractors, material suppliers and vendors; and d. Other information as may be requested by the Director and Executive Director of the CRA. Attachment number 1 Page 32 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits FOR MORE INFORMATION OR TO SCHEDULE A PRE-APPLICATION MEETING Contact: Tammy Vrana, AICP Economic Development & Housing Department 112 S. Osceola Avenue (1st Floor) Clearwater, Florida 33756 Phone: (727) 562-4047 | Fax: (727) 562-4075 Email: tammy.vrana@myclearwater.com Attachment number 1 Page 33 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Attachment number 1 Page 34 of 35 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 02/18/09 Exhibits Exhibit D Loan-to-Grant Agreement Attachment number 1 Page 35 of 35 Revision Date: 02/18/09 Page 1 of 6 LOAN-TO-GRANT AGREEMENT EAST GATEWAY DISTRICT FAÇADE & BUILDING LOT IMPROVEMENT PROGRAM THIS AGREEMENT, entered into this _____ day of __________, 2009, by and between the City of Clearwater, Florida (hereafter "City"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida and «Legal_Owner» whose address is ______________________ (hereinafter “Borrower”). WITNESSETH WHEREAS, the City administers the East Gateway District Façade and Building Lot Improvement Program ("Program"), is funded by U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) funds and Clearwater Community Redevelopment Agency tax increment funds; and WHEREAS, the City has committed CDBG funds to be applied to the costs of improving the façade/building lot of the commercial property of the Borrower in the sum not to exceed $«AMOUNT»; and WHEREAS, the Borrower desires to participate in the Program and has qualified under the East Gateway District Façade and Building Lot Improvement Program Guidelines (hereinafter “Program Guidelines”) to receive funds to be used for the improvement of the façade/building lot of the property which he/she owns as described below, and WHEREAS, the City is responsible solely for funding the improvement of the façade/building, as described in the applicable Program Guidelines and is not acting in the capacity of a property improvement finance agency or as a property improvement contractor. NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the City agree and covenant each with the other as follows: A. GENERALLY 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. The Borrower hereby certifies that he/she meets the requirements for participation in the Program as set forth in the Program Guidelines and is the fee simple owner of «LEGAL DESCRIPTION», more commonly know as «ADDRESS». 2. The Program Guidelines, the Borrower’s approved application for funding assistance (hereinafter “Application”), and award notification letter issued prior to the execution of this Agreement, and executed Promissory Note are hereby incorporated and shall become a part of this Agreement. All amendments to this Agreement shall be in an executed, in writing, by all parties hereto. B. CONTRACTOR SELECTION 1. The Borrower shall enter into a contract (hereinafter “Contract”) with a qualified Florida licensed contractor of his/her choosing (hereinafter “Contractor”) to construct the Borrower’s improvement project, as defined by the City-approved plans, drawings, and specifications submitted as part of the Application (hereinafter “Project”). Exhibit D Attachment number 2 Page 1 of 6 Revision Date: 02/18/09 Page 2 of 6 2. Work to be performed under the Contract (hereinafter “Work”) means the construction and services, whether such Work represents a portion of the Project or the entire Project, including all labor, materials, equipment, and services provided by the Contractor, necessary to construct the Project. 3. Prior to selecting a Contractor, the Borrower must obtain at least three (3) written price proposals from contractors for performance of Work, and notify the City of his/her intent to award the Contract to a bidding contractor, so that the city may ensure compliance with 24 C.F.R. 85.36 regarding procurement. The selected Contractor must posses the appropriate licensing and insurance coverage necessary to perform the Work. 4. The Borrower, in accordance with applicable law, shall not exclude from participation or discriminate against any contractor because of age, race, color, religion, sex, handicap, or national origin. C. PROGRAM FUNDING 1. The loan amount to the Borrower shall be based on a percentage of the total Project costs up to a maximum of 80%, as specified in the Program Guidelines or «amount», whichever is less. 2. Program funds shall be provided in the form of zero percent (0%) interest loan-to-grant to the Borrower, which, barring a default by the Borrower, the City will forgive at a rate of twenty percent (20%) per year over the five-year loan term. 3. Loan funds shall be disbursed in conjunction with disbursement of the Borrower’s match funds, as provided for in the Program Guidelines, for satisfactorily completed Work. Loan funds will not be disbursed for Work that does not comply with the approved Application. The Borrower shall submit Contractor invoices to the City, in a format acceptable to the City, for processing and payment directly to the Contractor. At no time shall the disbursement of loan funds exceed the percent of Work completed. Borrower acknowledges that City is not in privity (a party to) of contract with the Contractor, and shall not be bound by any terms of the Contract, but rather shall only be obligated to disburse the funds provided for hereunder when Work is completed and acceptable as determined by the City in its sole discretion. 4. Twenty-five percent (25%) of loan funds shall be retained until the City has received final Contractor invoices, any and all contractor releases and affidavits are filed as required by law, and a copy of Project Certificate of Occupancy. 5. The Project may not be altered, modified, removed or demolished without prior written approval of the City. In addition, the property may not be demolished, sold, or otherwise transferred without prior City approval. Any of these actions may result in a repayment/reimbursement of the subject funds to the City by the Borrower. 6. The Borrower agrees to repay the City the loan balance if he/she fails to perform any of the covenants or agreements contained in the approved Application, or this Agreement (incorporated documents included). City may terminate this contract immediately if Borrower fails to cure a default after written demand of City within a period of fifteen (15) days.. Attachment number 2 Page 2 of 6 Revision Date: 02/18/09 Page 3 of 6 D. INSURANCE COVERAGE 1. The Borrower shall be required to insure the property against loss or damage by fire or other such risks and matters as defined within this Agreement, and shall furnish proof of adequate hazard insurance on the property as required prior to the commencement of Work. 2. The Borrower shall contact his/her insurance carrier prior to the date of commencement of Work to notify them of the intended Project and determine the insurance adjustments applicable to the property. During the term of this Agreement, the Borrower shall maintain in force the insurance coverage specified. If the Borrower fails to obtain or renew policies, such failure will be deemed a default and cause for immediate termination of this Agreement. E. SCHEDULE 1. The date of commencement, from which the contract time is measured, is the date of the execution of this Agreement. The executed Agreement represents the City’s Notice to Proceed to the Borrower. Upon execution of the Agreement, the Borrower is authorized to contract with and issue a notice to proceed for Work to the contractor. 2. The Contractor shall achieve full completion of the Work as evidenced by approval from the City, and City Building Division, and receipt of a Certificate of Occupancy, not later than nine (9) months following the execution of this Agreement, subject to adjustments of this term as may be authorized by the City. 3. Time is of the essence as to all provisions of this Agreement. By executing this Agreement, the Borrower confirms that the contract time is a reasonable period for performing the Work. 4. If the Work is delayed at any time, while in progress, by changes ordered in the Work, force majeure, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which the City determines may justify delay, then the Agreement time shall be extended by written authorization for such reasonable time as the City may determine. It shall be the responsibility of the Borrower to notify the City in writing of any such delay within ten (10) calendar days of its occurrence. F. PROJECT ADMINISTRATION 1. The Borrower shall cooperate in good faith with the City during the full course of the Work to facilitate the completion of the Work. The Borrower understands that participation in the Program requires the City or the City’s agents reasonable access to the property for the purpose of inspections to determine compliance with the approved plans and specifications. 2. Concealed problems may be discovered in the course of performing the Work. The City shall not be responsible to fund any corrective work items required by the discovery of concealed or unanticipated problems, which are not covered in the plans and specifications as approved in the Borrower’s application. Any such discovery shall require a written notification to City staff of the additional work involved within five (5) days. The Borrower shall be responsible for payment for any additional work. 3. Modifications to the final plans submitted as part of the Program Application or changes to the construction documents which produce visible differences in the previously approved Attachment number 2 Page 3 of 6 Revision Date: 02/18/09 Page 4 of 6 project design will require prior review and written approval by the City. No additions, deletions, or modifications to the Work as defined in the approved Program Application or special conditions outlined in the award notification letter shall be made unless authorized by a written Change Order signed by the Borrower and Contractor, and approved in writing by the City. Failure to receive such approval shall invalidate this Agreement and this Agreement will be deemed terminated, and the City may require Borrower reimbursement of the funds. 4. The Borrower shall notify the City, and the City or its agents shall perform a review at one hundred percent (100%) completion to verify that the terms of the Agreement have been honored and to validate any request for final payment. 5. The City assumes no liability for any inspection or non-inspection of the Work in any stage of completeness. 6. The City assumes no liability for any performance or non-performance by the Borrower or the Contractor. 7. The City is not in any way providing any warranty or guarantee of the labor, systems, appliances, or materials utilized during the performance of the improvement work. Performance of warranty services under the Contract is the sole responsibility of the Contractor. 8. All claims and disputes between the Contractor and the Borrower arising out of or relating to the Contract, or the breach thereof, may be decided by the alternative dispute resolution procedures or in accordance with any remedies available to the parties, however, upon the initiation of dispute resolution, the City may withhold funding until such dispute is resolved. At such time the dispute is resolved, the City may continue to fund the Project, subject to availability of funds. 9. Except for the permits and fees which are the responsibility of the Contractor, the Borrower shall secure and pay for all necessary approvals, easements, assessments and charges required by the City of Clearwater Community Development Code for the construction, use, or occupancy of permanent structures or permanent changes in existing facilities. 10. The Borrower shall hold harmless the City and the City of Clearwater, its subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives, and agents from any and all claims, suits, actions, damages, liability, and expenses in connection with loss of life, bodily or personal injury, or property damage, including loss or use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with this Agreement. G. DEFAULT BY BORROWER This loan may be terminated in its entirety or disbursement of loan funds may be withheld for the following, which shall constitute a default under this Agreement: (a) defective Work not remedied within ten (10) days of written notice of such defect, (b) failure of the Contractor to make prompt and proper payments to subcontractors, or for labor, materials, or equipment; (c) reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum, (d) failure to complete the project in a timely manner; (e) failure to maintain the improvements, as determined by the City in its sole discretion, for a period equal to the term of the loan; (f) modification to an approved design plan without the prior written authorization from the City. Attachment number 2 Page 4 of 6 Revision Date: 02/18/09 Page 5 of 6 H. MISCELLANEOUS PROVISIONS 1. This Agreement provides neither a representation nor assurance that the Project can be developed and carried through to completion by the Borrower at the property herein described. This Agreement, in conjunction with the Program Guidelines, defines the Program, including the process, events, and activities that are integral to its operation. The intent of the Agreement is to provide a mutually agreed upon framework by which the City will provide matching loan-to-grant funds to the Borrower to improve the facade/building lot of the Borrower’s commercial property, provided that all program requirements have been and remain satisfied. 2. To the extent permissible by law, the Borrower hereby expressly waives any cause of action they may have arising from or pertaining to the provisions of Florida Statute 520.60, et seq., with respect to the City or the City. 3 Execution of this agreement by the Borrower is a representation that the Borrower is competent, familiar with the benefits and responsibilities of participation in the Program, and fully intends to honor the agreements made within the Program. 4. No member, officer or employee of the City of Clearwater, City or its designees or agents, no member of the City Council of the City of Clearwater, and no other public official of such locality who exercises any functions or responsibilities with respect to the Program during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this contract. 5. This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Pinellas County. 6. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Contract. 7. This Agreement is non-assignable by either party and constitutes the entire Agreement between the Borrower and City and all prior or contemporaneous oral and written agreement or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. 8. The applicant shall keep such records as may be required by the City in connection with the Work to be assisted per the requirements of 570.506 Code of Federal Regulations. 9. The Borrower shall not discriminate on the basis of race, color creed, religion, sex, age, handicap, disability, sexual orientation, ancestry national origin, marital status, familial status, or any other basis prohibited by applicable law in the solicitation, selection, hiring or treatment of any contractors or consultants, to participate in subcontracting/subconsulting opportunities for the Project funded in part by the Program. This language shall be incorporated into all contracts between a Borrower and any contractor, consultant, subcontractor, subconsultants, vendors, and suppliers. 10. The Borrower acknowledges that use of lead-based paint in federally funded projects is prohibited. 11. No member, officer or employee of the City, CRA or its designees or agents, and no other public official of such locality who exercises any functions or responsibilities with respect to Attachment number 2 Page 5 of 6 Revision Date: 02/18/09 Page 6 of 6 the Program during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this contract. 12. The Borrower acknowledges that the project must be compliant with the Americans with Disabilities Act throughout the five-year loan-to-grant period. IN WITNESS WHEREOF, the Borrower and City have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. This Agreement is executed in two original copies of which one is to be delivered to the Borrower and one to the City. In the presence of: BORROWER: Signature Date Witness Date CITY OF CLEARWATER: Signature Date Witness Date STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this day of by «Owner1Frst» «Owner1Lst» and «Owner2Frst» «Owner2Lst», , personally known to me or who have produced a drivers license as identification. My Commission expires: Notary Public Attachment number 2 Page 6 of 6 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Approve the East Gateway District Neighborhood Revitalization Strategy; amend the FY 2005-2010 Five-Year Consolidated Plan and the FY 08-09 Consolidated Action Plan to incorporate the East Gateway District as a Neighborhood Revitalization Strategy Area (NRSA); and authorize staff to submit the strategy to the U.S. Department of Housing and Urban Development (HUD). (consent) SUMMARY: A Neighborhood Revitalization Strategy created under the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program encourages the coordination of resources to facilitate neighborhood revitalization. The program encourages partnerships among community stakeholders, including federal and local governments, the private sector, community organizations and neighborhood residents, to stimulate reinvestment of human and economic capital while economically empowering low to moderate income residents. Communities with approved Neighborhood Revitalization Strategies enjoy enhanced flexibility in undertaking economic development, housing and public service activities with their CDBG funds. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. By designating the East Gateway District as a Neighborhood Revitalization Strategy Area (NSRA), the City is able to offer more intensive economic assistance for addressing the communities most pressing needs. Areas of enhanced regulatory flexibility under the program include the following: · Exemption from Public Services Cap · Exemption from Employee Income Tracking · Exclusion from Aggregate Public Benefit Standard · Single Strategy for Scattered Housing Units The proposed strategy for the East Gateway District NRSA largely mirrors the East Gateway Five-Year Action Program approved in May 2008. The areas of focus include: safety and security, economic development and housing, business environment, neighborhood appearance, and the integration of the Hispanic community. The City has solicited input from residents, property owners, business interests, social service agencies and community groups to fulfill HUD and the Action Program directives to engage the community. The strategy has been presented to the East Gateway Business and Neighbors Association, the East Gateway Stakeholder Advisory Group, and the Clearwater Neighborhoods Coalition in December and January. The Neighborhood and Affordable Housing Board approved it in February. The City has previously designated the North Greenwood and South Greenwood neighborhoods as NSRAs. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo EAST GATEWAY DISTRICT NEIGHBORHOOD REVITALIZATION STRATEGY ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT CITY OF CLEARWATER 112 South Osceola Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 January 20, 2009 ~ DRAFT ~ Attachment number 1 Page 1 of 32 Attachment number 1 Page 2 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page i EAST GATEWAY DISTRICT NEIGHBORHOOD REVITALIZATION STRATEGY TABLE OF CONTENTS INTRODUCTION..........................................................................................................................1 Program Overview....................................................................................................................................1 Neighborhood Background.......................................................................................................................2 PLANNING AREA........................................................................................................................3 EXISTING CONDITIONS...........................................................................................................4 Existing Land Use.....................................................................................................................................4 Physical Character.....................................................................................................................................6 Regulatory Framework..............................................................................................................................8 Demographics..........................................................................................................................................10 COMMUNITY CONSULTATION............................................................................................13 Community Consultation History...........................................................................................................13 Community Consultation for the East Gateway District NSRA.............................................................13 Summary of Public Comments................................................................................................................14 COMMUNITY ASSESSMENT..................................................................................................16 Economic Conditions..............................................................................................................................16 Opportunities for Economic Development Improvement.......................................................................16 Anticipated Problems..............................................................................................................................16 ECONOMIC EMPOWERMENT STRATEGY.......................................................................21 PERFORMANCE MEASUREMENT.......................................................................................28 Attachment number 1 Page 3 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page ii [This page intentionally left blank.] Attachment number 1 Page 4 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 1 EAST GATEWAY DISTRICT NEIGHBORHOOD REVITALIZATION STRATEGY INTRODUCTION Program Overview A Neighborhood Revitalization Strategy (NRS) created under the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program encourages the coordination of resources to facilitate neighborhood revitalization. The program encourages partnerships among community stakeholders, including federal and local governments, the private sector, community organizations and neighborhood residents, to stimulate reinvestment of human and economic capital while economically empowering low to moderate income residents. Communities with approved NRSs enjoy enhanced flexibility in undertaking economic development, housing and public service activities with their CDBG funds. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. By designating the East Gateway District as a Neighborhood Revitalization Strategy Area (NSRA), the City will be able to offer more intensive economic assistance to address the most pressing needs of this downtown neighborhood. Enhanced regulatory flexibility under the program includes: Exemption from Public Services Cap All public services carried out as part of qualified projects under the NRSA by a Community Based Development Organization are exempt from the public services cap of 15%. This permits grantees to offer more intensive level of services with the NRSA to stimulate revitalization (e.g., job training and other employment related services that provide a foundation for economic opportunity for residents). Exclusion from Aggregate Public Benefit Standards Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards, reducing record-keeping requirements, affording greater flexibility in selecting and implementing economic development activities and reducing the amount and scope of information that grantees must collect and document regarding their programs. Single Strategy for Scattered Housing Units Allows tracking of scattered site housing units as a single strategy, affording housing opportunities to not only LMI families, but also families who earn 80% to 120% of the area median income. Units for which CDBG funds are obligated during each program year may be aggregated and treated as a single structure. Usually, LMI households must occupy 51% of units so this provision permits greater flexibility in applying the LMI housing national objective criteria. In turn, grantees have flexibility in providing housing to residents of the NRSA neighborhood. Exemption from Employee Income Tracking Job creation or retention effort focused on the NRSA may be classified as meeting the national objective regarding low-moderate income (LMI) area benefit. Businesses receiving assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community’s job creation/retention programs. Attachment number 1 Page 5 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 2 The East Gateway District NSRA would represent the third NSRA in the City of Clearwater. The North Greenwood NSRA and South Greenwood NSRA were approved in 2000. Neighborhood Background Recognizing the needs and potential of the East Gateway District, the Clearwater Community Redevelopment Agency (CRA) designated the neighborhood as a redevelopment area in 2004. Subsequently, the Clearwater Downtown Redevelopment Plan was amended to establish a vision for the East Gateway District, strategies to resolve neighborhood needs and policies to guide future redevelopment. The East Gateway District Five-Year Action Program, FY 07/08- 11/12 was approved in 2008, setting forth a series of actions to help restore vitality and livability to the area and better integrate local Hispanic residents and businesses into the community. The East Gateway District is envisioned as a vibrant, diverse neighborhood defined by a unique mix of businesses, residential areas and cultural backgrounds. It is a place where redevelopment is compatible with established development patterns, intensities and scales. Urban design, pedestrian-orientation and context-sensitive infrastructure foster walkability and sense of place. Arts and culture celebrate our similarities and differences and provide opportunities to bring people together. Because change is inherent to the community revitalization process, meaningful public involvement is critical to a successful revitalization effort. Empowering East Gateway stakeholders to take an active role in the neighborhood's future is a primary focus of the Action Program. As such, opportunities for community input and participation will be ongoing during the five-year implementation period. GOALS EAST GATEWAY DISTRICT FIVE-YEAR ACTION PROGRAM 1 To engage residents, businesses and other neighborhood interests in the creation and implementation of the action program. 2 To achieve neighborhood stability by addressing the social, economic and physical issues that plague the area. 3 To establish a unique and positive identity that instills neighborhood pride and sense of ownership. 4 To revitalize the neighborhood to attract reinvestment in private property. Attachment number 1 Page 6 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 3 Pinellas County State of Florida Clearwater Figure 1: East Gateway District PLANNING AREA The City of Clearwater is a coastal community located on Florida’s Gulf Coast within the Tampa Bay region. The city is comprised of diverse neighborhoods that span the Pinellas County peninsula between the Gulf of Mexico and Tampa Bay. A range of business districts, including the downtown central business district, beach tourist district, two regional malls, large and small-scale shopping centers and commercial strips, serve a local and regional customer base. As county seat, Clearwater supports a variety of government offices in the central business district. Clearwater Beach has the distinction of being an international tourist destination bringing millions of visitors to the area each year. The East Gateway District is centrally located within the City Clearwater and sits prominently on the eastern entryway to downtown and Clearwater Beach. The district is strategically positioned to capitalize on the socioeconomic activity in these centers, and has the added benefit of access to several major transporta- tion corridors. The East Gateway District is comprised of 176 acres (0.275 square miles) and is a district of the Clearwater Community Redevelopment Area. East Gateway District NRSA Boundary: The East Gateway District NRSA coincides with the boundaries of census block groups 264.1 and 264.2 (see Figure 2). The area is bordered by Highland Avenue west to Missouri Avenue and Drew Street south to Court Street. Figure 2: East Gateway District NSRA Census Divisions Census Block Group 264.1 Census Block Group 264.2 Census Block Group Boundary East Gateway District NRSA Boundary Legend: Over 70 percent of East Gateway households earned less than 80% of the area median income. (Source: 2000 US Census) Attachment number 1 Page 7 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 4 EXISTING CONDITIONS Existing Land Use Figure 3 shows generalized existing land uses in the East Gateway District NRSA, while the map series in Figure 4 shows a detailed breakdown of land uses. As indicated in Table 1, residential is the predominant land use in the district, representing 56 percent of the total area, followed by commercial at 27 percent. Table 1: Existing Land Use, East Gateway District Existing Land Use Category Acres % Total Acres Residential 97.88 56% - Single Family 36.42 21% - 2-9 Unit Structure 39.23 22% - 10-49 Unit Structure 10.97 6% - 50 or More Unit Structure 7.06 4% - Vacant Residential 4.20 2% Commercial 48.25 27% Civic / Institutional 24.29 14% Park / Open Space 5.77 3% Total 176.19 100% Source: Pinellas County Property Appraiser and City of Clearwater, August 2008. Figure 3: Generalized Existing Land Use, East Gateway District NSRA Attachment number 1 Page 8 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 5 Vacant Residential Single Family Structure Structure w/ 2-9 Units Structure w/ 10-49 Units Structure w/ 50 or More Units Re s i d e n t i a l L a n d U s e s Vacant Civic / Institutional Non-Profit Church Club / Lodge School Utility Ci v i c / I n s t i t u t i o n a l L a n d U s e s Co m m e r c i a l L a n d U s e s Vacant Commercial Retail / Service Hotel / Motel Restaurant Automobile Sales / Service Mixed Use General Office Professional Office Figure 4: Detailed Existing Land Use, East Gateway District NSRA Attachment number 1 Page 9 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 6 Open Space Park Pa r k a n d O p e n S p a c e L a n d U s e s Source: Pinellas County Property Appraiser and City of Clearwater, August 2008. Physical Character This section describes the physical character of the East Gateway District NRSA by sub-area. Figure 5 on page 7 depicts the sub-areas. Sub-Area A: Cleveland Street Commercial Corridor Sub-Area B is largely comprised of single-story, retail and office uses arranged in urban and suburban development patterns. Cleveland Plaza, located at the area’s western edge, is the largest commercial development in East Gateway. In spite of the presence of a longstanding natural foods grocer and Dollar General Store, the center experiences chronic vacancies and underutilization of retail space. Nearby, a 50,000 square feet office building is largely underutilized. Underutilized/obsolete motels are located along Cleveland Street—some of which are closed and many of which offer long-term rentals to a transient population. Single-family units are concentrated on the eastern side of this area. The development pattern is suburban and automobile-oriented. Front yards are predominantly devoted to automobile parking and sidewalks are intermittent. Conditions of residential properties range from good to poor. Sub-Area B: Gulf-to-Bay Mixed Use Area The Gulf-to-Bay Boulevard corridor within East Gateway is predominantly comprised of small office and retail businesses within small-scale strip centers and stand-alone buildings. The Covert Apartments is the only residential use along the commercial corridor. Most buildings in this area are single-story. The largest building (and employer) in this corridor is Achieva Credit Union, located in the southeast corner of the NRSA. There are four motels situated along this corridor that offer long-term transient accommodations. Other uses include three day labor businesses, a soup kitchen, a homeless shelter, a transitional housing complex and a small grocery store. Figure 4: Detailed Existing Land Use, East Gateway District NSRA (Continued) Attachment number 1 Page 10 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 7 Sub-Area C: Drew Street Residential Corridor Sub-Area C is predominantly residential with the exception of a single-story office complex at the area’s northwest corner. Most residential uses are low-rise condominium developments interspersed with single-family units. Single-family units are concentrated on the eastern side of this area. The development pattern is suburban and automobile-oriented. Front yards are predominantly devoted to automobile parking and sidewalks are intermittent. Residential properties range from good to poor condition. A vacant 2.1-acre site on the east side of the area is planned for a 36-unit, owner-occupied townhouse project. These units will be affordable to low to moderate-income households. Stevenson Creek, a drainage way with a hardened shoreline, traverses the area. The area enjoys views of Clearwater Golf Course located in an adjacent neighborhood. Sub-Area D: Laura/Hillcrest Residential Area This sub-area is probably the most stable residential area in East Gateway. Residential uses are comprised of single-family dwellings. Roughly two-thirds of the residential properties are owner-occupied. The Holy Ascension Hellenic Orthodox Church is the sole nonresidential use in this area. Sidewalks are intermittent. Figure 5: Sub-Areas, East Gateway District NSRA Attachment number 1 Page 11 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 8 Sub-Area E: Cleveland/Highland Residential Area This sub-area is entirely residential. Residential uses are comprised of single-family, duplex and multi-family dwellings. Less than half of the residential properties are owner-occupied (homesteaded). Sidewalks are intermittent. Sub-Area F: Court Street Professional Office Cluster Court Street has a concentration of professional offices within single-story, freestanding buildings and complexes. On the eastern end of the sub-area, freestanding office, retail and automotive repair establishments face Court Street (arterial road). Three two-story apartment complexes abut these nonresidential uses and a large-scale stormwater retention facility located in adjacent sub-area G. Sidewalks exist along Court Street intermittently along Santa Rosa Street. Sub-Area G: St. Cecilia Institutional Cluster St. Cecilia Inter-parochial School and a two-story residential building owned by St. Cecilia Catholic Church are located in this area. North of the school is the Clearwater Wesleyan Church and five single-family units. A large, municipal stormwater facility, inclusive of Stevenson Creek drainageway, comprises approximately one quarter of the sub-area. Sidewalks exist along Court Street and Hillcrest Avenue but are largely absent along Santa Rosa Street. Sub-Area H: Franklin Street Residential Area Sub-Area H is predominantly occupied by low to moderate density residential uses. The extreme eastern and western portions of this sub-area are largely one-story single- and two- family units. Low-rise multi-family buildings and associated parking lots dot the landscape within central part of the sub-area. Three four-story apartment buildings that house low-income seniors are located near Stevenson Creek and its floodplain. Community facilities include the Christian Outreach Center and a fraternal organization clubhouse. Sidewalks exist along Hillcrest Avenue but are intermittent or absent along other streets in the sub-area. Sub-Area I: Missouri Avenue Commercial Corridor Land uses within this sub-area are largely commercial and oriented to Missouri Avenue, a four- land divided arterial road. Businesses include small restaurants, hair salons, automobile/truck rentals, a machine shop, home décor store and two professional office buildings. A non-profit daycare is located near Franklin Street. Sidewalks are present along Missouri Avenue. Regulatory Framework Future land use in the East Gateway District is governed by the Clearwater Comprehensive Plan Future Land Use Map (see Figure 6). The area west of Betty Lane along Cleveland Street is located in the Central Business District (CBD) land use category, which allows a wide range of land uses at urban intensities. Otherwise, the Future Land Use Map designations largely reflect existing development patterns in the area. The Clearwater Community Development Code contains the zoning and development regulations governing East Gateway. Figure 7 depicts the East Gateway zoning districts. The area west of Betty Lane along Cleveland Street is located in the Downtown District, which allows a wide range of land uses and urban development patterns. Like Future Land Use, Attachment number 1 Page 12 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 9 East Gateway District NRSA East Gateway District NRSA zoning designations in East Gateway outside the Downtown District are characteristic of existing development patterns. Attachment number 1 Page 13 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 10 East Gateway is a designated character district addressed by the Clearwater Downtown Redevelopment Plan. The intent of the Downtown Redevelopment Plan is to provide a flexible framework for downtown redevelopment to create a place that attracts people to live, work, shop and play (i.e., sense of place). The Downtown Redevelopment Plan further refines land use and development potential through commercial intensity (floor area ratio and height) and residential density (units per acre and height). Within the portion of East Gateway designated as CBD and Downtown, the plan provides for a floor area ratio (FAR) of 0.55 and density of up to 30 dwelling units per acre or 40 hotel units per acre. Heights limitations are 50 feet for office uses, 25 to 35 feet for commercial uses and 50 feet for multi-family dwellings. Areas outside the CBD and D designations are governed by a variety of future land use and zoning categories. These categories govern intensity, density and height. In all cases, development must be consistent with the Downtown Redevelopment Plan, including the Downtown Design Guidelines. Demographics The demographic data presented in this section is primarily from the 2000 U.S. Census, Summary Files 1 and 3. Where possible, data from 2000 are compared to 1990 data to describe change over time. The East Gateway District NRSA fully encompasses Census Tract 264, Block Groups 1 and 2, as depicted in Figure 2 on page 4. Population & Population Density The East Gateway NRSA is comprised of 176 acres, or 0.275 square miles, and has a population of 2,972 persons (2000 Census). The population density of the area is 19.6 persons per acre, or 10,807 persons per square mile. Race & Ethnicity Racial composition of the neighborhood was predominately White (68%), followed by Black or African American (11%) in 2000. All other races combined represented 15 percent of the population. Persons of Hispanic-Latino ethnicity comprised approximately 38 percent of the total population (up from 4.4% in 1990), compared to 9.0 percent of citywide. Race and ethnic composition citywide was 83.9 percent White, 9.8 percent Black or African American and 4.5 percent all other races in 2000. The Hispanic or Latino population represented. Special Populations The East Gateway District NSRA is frequently the first stop for new immigrants arriving from Mexico—most from the State of Hidalgo, Mexico. The Census data indicates that 33 percent of the East Gateway District NRSA population is foreign born and 12 percent of households in the area are linguistically isolated. Age About 20 percent of the East Gateway population was under age 18 in 2000, compared to 19.1 percent citywide. Those age 65 or older represented 11 percent of the population, compared to 21.5 percent citywide. The median age in East Gateway was an estimated 31.7 in 2000, while the median age citywide was 41.8. Attachment number 1 Page 14 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 11 Households and Household Structure There were 1,264 households in East Gateway in 2000. Households were more likely to be comprised of married-couple families (42.4%) than citywide (41.7%). The percent of family households headed by a female householder (28.2%) was higher than the citywide average (20%). The average family size in East Gateway was approximately 3.2 persons in 2000, compared to 2.8 persons citywide. Dwellings There were 1,467 housing units reported in East Gateway in 2000, 130 units more than the 1,337 reported in 1990. Housing Units Tenure & Vacancy Renter-occupied units in East Gateway accounted for 76.8 percent of all occupied units in 2000, compared to 73 percent in 1990. The share of renter-occupied in East Gateway was significantly higher than the citywide share (38%). The East Gateway vacancy rate of 27.7 percent in 2000 was higher than the citywide figure of 14.7 percent and higher than the 18.2 percent reported for East Gateway in 1990. Housing Values & Rents In 2000, the median value of specified owner-occupied housing units was approximately $48,150 in East Gateway and $100,500 citywide. The median rent of specified renter-occupied housing units was approximately $428 in East Gateway and $637 citywide. Income The median household income in East Gateway in 1999 was approximately $25,635, compared with the citywide median household income of $36,494. The median family income was approximately $30,162 in East Gateway and $46,228 citywide. The percentage of East Gateway households earning less than 80 percent of the area median income was greater than 70 percent in 1999. Poverty Of the 1,264 households, 14.6 percent were below poverty level in 1999, compared to 8.4 percent citywide. Among female householder households with children, 37.4 percent were in poverty in East Gateway, compared to 32.4 percent citywide. Individuals with incomes below the poverty level represented 19.5 percent of the total population in 1999. Of these persons, 22.7 percent were under age 18 and 1.1 percent were age 65 or older. During that time, the poverty rate for individuals citywide was 12.5 percent. Of these individuals, 18.8 percent were under age 18. Employment In 2000, 4.8 percent of civilian labor force in East Gateway was unemployed, compared to the citywide rate of 2.5 percent. The neighborhood’s employment rate, however, has improved from the rate of 5.3 percent in 1990. East Gateway residents that were not in the labor force (i.e., neither employed nor looking for work) accounted for 28.9 percent of persons over 16 years of age as compared to the citywide figure of 39.8 percent. Attachment number 1 Page 15 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 12 Educational Attainment Of the East Gateway residents 25 years of age or older in 2000, 25 percent had not completed high school and 17 percent had completed a bachelors degree or higher. Citywide, 15.6 percent had not completed high school and 23.8 percent had completed a bachelors degree or higher. Residency in 1995 The Census reported that of the persons five years of age or older residing in East Gateway in 1995, 29 percent were living in the same house, 17 percent were living in another country and 16 percent were living in another U.S. state. Transportation to Work In 2000, 81.9 percent of the work age population in East Gateway relied on car, truck, or van means of transport to work. Of these persons, 62.6 percent drove alone, while 19.4 percent carpooled. Slightly fewer than 10 percent used public transportation and 6.9 percent walked or bicycled. Less than one percent worked at home. Citywide, the means of transportation to work included car, truck, or van (74.6%; 12.1% of these carpooled), walking/biking (3.9%) and public transit (5.2%). A larger portion of workers citywide worked from home (4.1%). Attachment number 1 Page 16 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 13 COMMUNITY CONSULTATION Community Consultation History The City expanded its Community Redevelopment Area in 2002 to include the East Gateway District as a strategy for leveraging public-private partnerships for economic development and housing, achieving stability in residential and business areas and increasing overall redevelopment potential. The Clearwater Downtown Redevelopment Plan was subsequently amended to establish a vision and policies for governing new development and redevelopment in East Gateway. The East Gateway Task Force convened a series of focus groups and community meetings to gain an in-depth understanding of neighborhood issues, values and desires. These public involvement opportunities included residents, business interests, non- profit organizations and community groups and were accessible to English and Spanish speaking stakeholders. The foregoing activities led to the adoption of the East Gateway District Five-Year Action Program in May 2008. The Action Program calls for regular community meetings and other public involvement activities, such as community events, to facilitate neighborhood engagement in the implementation of the Action Program. Two community groups have since been established in East Gateway—the East Gateway Stakeholders Advisory Group (EGSAG) and the East Gateway Business & Neighbors Association (EGBNA). The EGSAG, a diverse assembly of residents, business interests, non- profit organizations and community groups, meets bi-monthly to provide input and guidance to the Task Force on matters pertaining to the Action Program. The EGBNA is an independent grassroots organization that meets monthly in the interest of resolving neighborhood issues that are most important to its membership. Task Force members attend these meetings to collaborate on East Gateway issues, initiatives and strategies. Community Consultation for the East Gateway District NSRA Through the community consultation process, the City solicited input from East Gateway residents, property owners, business interests, social service agencies and community groups to fulfill HUD (and Action Program) directives to engage the full spectrum of the community in the neighborhood planning and revitalization process. A series of public meetings afforded the public the opportunity to comment on the East Gateway District NRS proposal. Written and oral comments were accepted during the public comment period from December 9, 2008, through January 15, 2009, and public hearings held for consideration of the proposed East Gateway District NRS. xEast Gateway Business & Neighbors Association December 9, 2008 xEast Gateway Stakeholder Advisory Group December 11, 2008 & February 12, 2009 xClearwater Neighborhoods Coalition January 5, 2009 xEast Gateway Business & Neighbors Association January 13, 2009 xClearwater Neighborhood & Housing Advisory Board February 10, 2009 xCity Council Public Hearing* March 5, 2009 * A 30-day public comment period and public hearing schedule were noticed in the St. Petersburg Times on January 31, 2009, Attachment number 1 Page 17 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 14 A Spanish language version of the community survey distributed throughout the community consultation process was distributed to the East Gateway clients of the Hispanic Outreach Center. Additionally, issues of importance to Hispanic East Gateway residents were conveyed by the director of the Hispanic Outreach Center who is a member of the EGSAG. Summary of Public Comments This section provides a summary of public comments received during community consultation process. Positive Community Attributes xLocation (close to downtown, beach, golf course) xPotential to improve xNice people xQuiet (except for barking dogs) xNeighborhood feel xRevitalization taking place xNearby businesses xProperty owners that maintain their properties xAffordable (housing) xRemaining wildlife (birds) xNearby transit routes Community Concerns xUnsafe due to crime (drugs, prostitution, theft) xVagrants/transients/homeless persons xNo major grocery store nearby xTrash/waste (cans, food wrappers, dog waste) xSocial ills that promote a negative neighborhood image xBlighted or unkempt properties (rental housing, motels, businesses) xPerception that neighborhood is an undesirable place to buy a home or start a business xResidents do not feel pride because of surroundings xPoor code enforcement xNegative impacts from soup kitchen patrons xNegative impacts from day labor businesses xNoise (barking dogs) xTrespassing xTraffic / wide intersections / lack of sidewalks xParking on grass in front yards Community Suggestions xStep up law enforcement (especially with regard to vagrant behavior) xImplement more stringent codes and code enforcement xConstruct/improve sidewalks to increase safety (e.g., Jefferson Avenue) xOffer incentives to: - Attract new businesses (especially a major grocery store) - Attract homeowners to buy and fix up properties - Encourage businesses to upgrade storefronts Attachment number 1 Page 18 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 15 xDraw from neighborhood strengths xMarket neighborhood assets xPlant street trees xReplace signalized intersections with landscaped roundabouts xEstablish crime watch organizations xDesignated code officer to systematically clean-up neighborhood xDemolition grants instead of façade grants for removal of derelict buildings xCity investment in property assemblage xRental housing inspection program and tax receipt verification xProspective renter background checks through Police Department xRelocate soup kitchen to St. Cecelia Church or by 49th Street Jail xDemolish and redevelop blighted motels (Royal Palm) xNeighborhood projects/efforts (crime watch, fix-up properties, help each other) xHold more neighborhood/community events xInstall traffic calming with landscaped medians adopted by local businesses xConstruct bike lanes and install bicycle parking xRequire connections between sidewalks and business entryways through parking lots (e.g., CVS site) xAdd speed humps on Jefferson Avenue xIncrease respect for private property xStimulate economic recovery xWork with adjacent neighborhoods to help solve problems xConstruct barriers between residential and commercial areas to prevent trespassing xEnforcement of immigration laws xMaintain programs that serve homeless Attachment number 1 Page 19 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 16 COMMUNITY ASSESSMENT The section provides an assessment of the economic conditions of the East Gateway District NSRA, an examination of the opportunities for economic development improvement and problems likely to be encountered. Economic Conditions Several vacant buildings and storefronts exist within the district’s key commercial corridors. Commercial rents are generally low, enticing small, often undercapitalized, business enterprise. Commercial building architectural styles do not lend themselves to sign placement and business owners often complain that sign restrictions impede their ability to attract customers. The rerouting of beach traffic in conjunction with a new bridge in 2005 decreased traffic volumes in East Gateway by more than half. Commercial activity suffered as a result, prompting the closure of several businesses. Figure 8 Change in Homesteaded Property Status, 2007-2008 indicates that the number of owner-occupied dwelling units in East Gateway is declining. The poor condition of many rental properties is a key factor in the neighborhood’s decline. Figure 9 Year Structure Built and Structural Quality shows that 66% of structures in East Gateway were constructed before 1959 (50 years or older). A large portion of the local housing stock was built for a different demographic than is in the market today (retirees/seasonal residents vs. families). Figure 10 Change in Assessed Property Values, 2007-2008 generally shows a subtle decline in residential property values and a subtle appreciation in commercial properties. Residential areas with the highest quality housing stock experienced the greatest decline in values. Opportunities for Economic Development Improvement The East Gateway District NRSA possesses great potential for economic development improvement including: xNearby housing stock for a downtown workforce (new and rehabilitated) xEconomic activity driven by proximity to key locations xConsumer interest in culturally diverse businesses xIncubator for small businesses xMixed use redevelopment of blighted, obsolete buildings Anticipated Problems The following problems are likely to be encountered in the East Gateway District NRSA: xNegative neighborhood image (safety, security, vagrants, drugs, prostitution, etc.) xAbility to sustain public engagement without tangible improvement xEngagement of non-English speaking residents xDwindling funding for social service agencies that address local needs xMinimal supply of land for new development xAbundance of nonconforming parcels and suburban development requirements Attachment number 1 Page 20 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 17 xBlighted, obsolete motels priced above market xVacant buildings and storefronts xUndercapitalized landlords and businesses that do not invest in the physical appearance of commercial buildings xDisproportionate amount of rental housing and tendency for these properties to be unkempt xNo discernable neighborhood character Attachment number 1 Page 21 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 18 Figure 8: Change in Homesteaded Property Status, 2007-2008, East Gateway District NSRA Source: Pinellas County Property Appraiser, 2008. East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 19 Legend: Year Structure Built (% Total) Figure 9: Year Structure Built & Structural Quality, East Gateway District NSRA Source: Pinellas County Property Appraiser, 2008. Structural Quality Fair or Below Existing Land Use Data Unavailable East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 20 Figure 10: Change in Assessed Property Values, 2007 - 2008, East Gateway District NSRA No change Legend: Change in Assessed Value Source: Pinellas County Property Appraiser, 2008. Existing Land Use East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 21 ECONOMIC EMPOWERMENT STRATEGY HUD states that to achieve economic empowerment there must be a realistic development strategy and implementation plan that promotes the area's economic progress. Activities should focus on the creation of meaningful jobs for unemployed and low- and moderate-income (LMI) residents of the area and substantial revitalization of the neighborhood. Advancing the economic empowerment of the LMI residents in the East Gateway District NRSA relies on five factors: xSupportive and involved residents, businesses and other neighborhood stakeholders; xA strong employment sector; xSkills needed to compete in the job market; xA housing mix that accommodates the area’s socio-economic diversity; and xA safe, stable and enjoyable environment that stimulates private investment. This section contains goals and actions designed to support at least one of the foregoing factors. The East Gateway District Task Force is currently working on several of the listed actions. Attachment number 1 Page 25 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 22 SAFETY & SECURITY Goals: xSense of safety and security by residents, business owners and visitors. xNeighborhood organizations that promote awareness and activism in solving neighborhood security issues. Actions: 1 Assist in the formation of one or more crime watch organizations (e.g., residential, business, Hispanic). 2 Identify and construct sidewalk projects that will increase the safety and comfort of East Gateway pedestrians including school children that walk to school. 3 Provide more visible community policing within East Gateway. 4 Identify solutions to traffic concerns voiced by residents. 5 Install street lighting where needed to eliminate identified deficiencies. 6 Develop strategy to address incompatibilities between the soup kitchen and residential and business uses in East Gateway. 7 Identify site to relocate East Gateway Police Substation in accordance with siting criteria in the CHIP agreement. 8 Review new development and infrastructure projects using Crime Prevention through Environmental Design (CPTED) guidelines to promote safe places that discourage criminal activity. Attachment number 1 Page 26 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 23 ECONOMIC DEVELOPMENT & HOUSING Goals: xStabilized business/residential areas. xElimination of problematic properties. xPublic-private partnerships that leverage resources and create catalysts for revitalization. Actions: 1 Maintain an inventory of vacant, underutilized and for-sale properties in East Gateway for identifying and promoting opportunities for redevelopment (e.g., land assembly). 2 Publicize City housing programs to increase homeownership in East Gateway. 3 Conduct a district-wide parking study to identify existing and long-term parking needs and methods for accommodating parking demand (e.g., centralized parking and payment in lieu of program). 4 Leverage funding for acquisition and rehabilitation of apartment complexes that help satisfy affordable housing needs. 5 Explore the feasibility of a CRA low-interest loan program to assist East Gateway businesses with a variety of business development activities. 6 Identify locations for a catalytic, mixed-use development on Cleveland Street or Gulf to Bay Drive in East Gateway. 7 Develop a positive and marketable image for East Gateway that conveys the neighborhood’s character and vision. 8 Explore the feasibility of East Gateway’s certification as LEED for Neighborhood Development (U.S. Green Building Council) that recognizes community sustainability practices. 9 Conduct a market analysis that identifies a viable business mix to support resident and business needs in East Gateway and the overall CRA District. Develop an action and funding strategy for business recruitment. Attachment number 1 Page 27 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 24 ECONOMIC DEVELOPMENT & HOUSING Actions (Continued): Explore creative funding solutions for a new playground in the area generally located southwest of Gulf to Bay Boulevard. 10 Identify opportunities for public/private partnerships and the leveraging of organizational funds and grants to attract arts/cultural groups to East Gateway. 11 Establish partnerships with local banks to facilitate conventional loans to East Gateway businesses. 12 13 Target East Gateway for housing rehabilitation and new infill housing that accommodates a range of household incomes. 14 Provide funding to non- and for-profit residential developers and income-eligible households to acquire property and construct dwellings in East Gateway. 15 Evaluate use of the triangular property bounded by Gulf to Bay Boulevard, Cleveland Street and Hillcrest Avenue for open space or other aesthetic treatments. 16 Prepare a comparative analysis of code violations from 1999 to present and identify methods to resolve issues (e.g., Abandoned/Vacant/Foreclosure Properties Pilot Program). 17 Identify opportunities and constraints to redevelopment and develop recommendations to resolve issues and capitalize on assets. Attachment number 1 Page 28 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 25 BUSINESS ENVIRONMENT Goals: xElimination of barriers to quality redevelopment. xBroader understanding of code requirements by the community. xPublic-private partnerships that leverage resources to produce catalysts for revitalization. xPrivate investment in residential and business areas. Actions: Conduct regular business visits to maintain a pulse on the East Gateway business environment, and to offer timely advocacy and other assistance for business expansions and improvements. 1 Identify Code-related impediments to redevelopment in East Gateway (e.g., “25 percent rule,” change of use regulations, permitting process) and remedies for eliminating impediments. 2 3 Create and distribute an informational guide to navigating the City’s sign regulations. 4 Hold educational seminars on Code standards and regulations and programs oriented to the business community. 5 Work with the Clearwater Regional Chamber of Commerce to target small business needs. 6 Assist business owners in the formation of a Merchants Association for collaboration with the CRA on marketing/employment issues and to facilitate communications between businesses and the CRA. 7 Partner with the Clearwater Bar Association and other non-profit legal organizations to hold educational seminars on landlord/tenant rights, tenant screening, rental contracts and other related-topics of interest. Attachment number 1 Page 29 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 26 NEIGHBORHOOD APPEARANCE Goals: xA positive identity that instills sense of neighborhood pride and ownership. xPrivate investment in residential and business areas. Actions: 1 Implement a façade and building lot improvement program that offers design and financial assistance to eligible commercial properties in East Gateway. 2 Identify policies and programs implemented in other communities that have been successful in improving aesthetic conditions in business and residential areas. 3 Build a tot-lot within in East Gateway to serve the needs of families with young children and make routes to community parks near East Gateway more safe and accessible to users. 4 Identify opportunities and costs for creating more green space in East Gateway (e.g., street rights-of-way, open space, community gardens). 5 Leverage funding to facilitate redevelopment of underutilized, blighted or problematic properties to end-uses that contribute to the East Gateway vision. 6 Install trash receptacles in the public right-of-way in locations where littering is a recurring problem. 7 Install a bus shelter on Gulf to Bay Drive in East Gateway. 8 Build an attractive entryway to East Gateway to mitigate reduced traffic volumes in Downtown as a result of rerouted beach traffic. 9 Implement Phase 3 of the Cleveland Street Streetscape Project to enhance the public realm and stimulate private reinvestment along Cleveland Street and Gulf to Bay Boulevard Attachment number 1 Page 30 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 27 INTEGRATION OF HISPANIC COMMUNITY Goals: xAll members of the community are encouraged to fully participate in the duties and benefits of neighborhood life. xReservoirs of human potential, social capital and distinct local cultures are brought to bear in the neighborhood revitalization effort. Actions: 1 Hold annual multicultural celebrations and other special events that include long-time East Gateway residents as well as neighborhood newcomers. 2 Continue coordination with East Gateway stakeholder organizations such as Hispanic Outreach Center, CHIP and religious organizations to promote broad and effective participation in the revitalization effort. 3 Assist the Hispanic Outreach Center in finding a location in East Gateway to improve accessibility to its client base. 4 Install a decorative kiosk in an active pedestrian location to provide bilingual information on community meetings and other activities. 5 Coordinate with local and regional Hispanic business organizations to identify partnering opportunities that serve to connect non-Hispanic consumers and businesses with Hispanic businesses. 6 Create bilingual business brochures and other key documents for distribution to Hispanic businesses. 7 Publicize the Parks and Recreation Department Contract Instructor Program in existing City publications and on community bulletin boards. 8 Continue to support the Hispanic Outreach Center and other social service agencies serving East Gateway residents. Programs may include childcare, adult education, job training and other related services. 9 Inform the Hispanic business community about City Code requirements. 10 Publicize Library programs oriented to Hispanic residents such as computer classes and reading clubs in existing City publications and on community bulletin boards. Attachment number 1 Page 31 of 32 East Gateway District Neighborhood Revitalization Strategy January 20, 2009 (draft) Page 28 PERFORMANCE MEASUREMENT The East Gateway Task Force, with support by the City and Community Redevelopment Agency, will implement the Economic Empowerment Strategy in a timely and efficient manner, contingent upon funding availability. Progress will be gauged through the evaluation of the following performance measures and benchmarks in an annual report to HUD, the CRA and the East Gateway community. Progress will be reported at the conclusion of each program year. Performance Measure Benchmark Physical Measures xImproved building façades/lots xIncreased commercial parking capacity xDecreased Code violations xNew or rehabilitated housing units xNew sidewalks constructed xNew park (tot lot) xNew development/redevelopment project xNew bus shelters x4 projects x50 parking spaces x5% decrease x5 units per year x0.5 miles per year x1 park x1 site plan per year x1 bus shelter Social Measures xNeighborhood organization project achievements xNew community organizations (neighborhood, merchant, crime watch) xCommunity events of interest to Hispanic community xInformation kiosk to display community information x1 project per year x1 organization x1 event per year x1 kiosk Economic Measures xNew jobs xNew businesses xIncreased rate of owner-occupied dwellings x5 jobs per year x2 businesses per year x5% increase Attachment number 1 Page 32 of 32 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Amend Chapter 17, Clearwater Code of Ordinances, to reflect the change made in Appendix A, Article VIII regarding the administrative fee for fireworks displays; update the nomenclature to reflect the changes made by the State mandated use of the 2007 Florida Fire Prevention Code and reflect the change in title of the Division of Fire Prevention Services; and eliminating the power of the fire prevention administrator to modify the fire code and pass Ordinance 8038-09 on first reading. SUMMARY: A new schedule of fire and life safety inspection fees was adopted on January 31, 2007; however, Sec17.06 (4) Clearwater Code of Ordinances has not been changed to reflect the new fee. With the State mandated use of the Florida Fire Prevention Code, there is a need to update some of the wording in Chapter 17 to reflect this change and to reflect the change of name from Division of Fire, Life Safety, and Emergency Management to the Division of Fire Prevention Services. With the mandated use of the Florida Fire Prevention Code, only the State Fire Marshal through State legislation can make changes to the Code, which negates the authority granted in Sec.17.34, thereby making this section obsolete. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Ordinance No. 8038-09 ORDINANCE NO. 8038-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE FLORIDA FIRE PREVENTION CODE; AMENDING THE ADMINISTRATIVE FEE FOR FIREWORKS DISPLAYS TO REFLECT THE FEE CONTAINED IN THE FEE SCHEDULE IN APPENDIX A, ARTICLE VIII; UPDATING NOMENCLATURE TO REFLECT CHANGES MADE BY THE STATE MANDATED USE OF THE 2007 FLORIDA FIRE PREVENTION CODE; ELIMINATING THE POWER OF THE FIRE PREVENTION ADMINISTRATOR TO MODIFY SECTIONS OF THE FIRE CODE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 17.06(4), Clearwater Code of Ordinances, is hereby amended as follows: Sec. 17.06. Fireworks displays and open fires. * * * * * (4) Fees. The application shall be accompanied by a payment of a fee as follows: Fireworks display administrative fee . . . $150.00$135.00 * * * * * Section 2. Article II of Chapter 17, Clearwater Code of Ordinances, is hereby amended as follows: ARTICLE II. FIRE PREVENTION CODE* Sec. 17.31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Division of Fire Prevention Services Fire, Life Safety, and Emergency Management means the fire prevention division of the fire department, or any equivalent thereof. Corporation counsel means the city attorney. Municipality means the City of Clearwater, Florida. Attachment number 1 Page 1 of 4 Ordinance No. 8038-09 2 Sec. 17.32. Adoption of the Florida Fire Prevention Code. National Fire Codes. (1) There is hereby adopted the Florida Fire Prevention Code in its' entirety. and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association as and listed in FAC 69A-60 Florida Fire Prevention Code 4A-60.005 of the Florida Fire Prevention Code and being particularly the most recent edition as listed in NFPA 1 Fire Prevention Code Florida Edition and NFPA 101 Life Safety Code Florida Edition. referred to in this article as the National Fire Codes. Such codes and standards are hereby incorporated by reference as fully as if set out at length in this section, and the provisions thereof as they may be amended by ordinance from time to time shall be controlling within the fire control district. To the extent that the Florida Statute 633 or FAC 69A-60 4A-60: Florida Fire Prevention Code adopts any subsequent editions of NFPA 1 Fire Prevention Code and NFPA 101, Life Safety Code, or any amendments thereto, then the edition so adopted and any amendments thereto adopted by the board shall be enforced in the city fire control district. (2) It shall be unlawful for any person to violate the Florida Fire Prevention Code National Fire Codes, to permit or maintain such a violation, to refuse to obey any provision thereof, and to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the fire marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. (3) The fire prevention division shall be responsible for the enforcement of the Florida Fire Prevention Code National Fire Codes. The city manager, after considering the recommendation of the fire chief, shall designate a fire official as fire marshal. The fire marshal shall be the administrator of the fire prevention division. The fire marshal shall inspect or cause to be inspected on a periodic basis all buildings or structures, vehicles, vessels, and other similar conveyances, and shall make such orders as may be deemed necessary for the enforcement of the Florida Fire Prevention Code National Fire Codes and for safeguarding life and property from fire or other emergencies. Sec. 17.33. Conflict between the Florida Fire Prevention Code National Fire Codes and other ordinances. In the event of a conflict between the Florida Fire Prevention Code National Fire Codes and any other provision of this Code, the strictest standards shall prevail. Sec. 17.34. Power of administrator to modify code provisions. The administrator of the fire prevention division of the fire department shall have the power to modify any of the provisions of the National Fire Codes upon application in writing by the owner or lessee of the property directly affected or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Attachment number 1 Page 2 of 4 Ordinance No. 8038-09 3 Sec.17.34 17.35. Determination of permitted new materials, processes, and occupancies. The city manager, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the Florida Fire Prevention Code National Fire Codes. The fire marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Sec.17.35 17.36. Appeals. (1) Where any person seeks relief from a decision of a fire official enforcing any of the provisions of this Code, including permits, certificates, waivers, alternate materials, alternate methods, approvals, or variances or matters of code interpretations, that person may request reconsideration of the fire official's decision by appealing in writing to the fire chief or fire marshal within 15 days of the receipt of the decision stating the reasons why relief is sought and what other decision the person is seeking. The fire chief or fire marshal shall, within 30 days after receiving a copy of the appeal in writing, hold a hearing and decide the question after hearing testimony from all concerned persons. The fire chief or fire marshal shall render a written decision within 15 days after the hearing is completed. Such hearing shall be an informal administrative hearing. (2) Any person seeking relief from a decision of the fire chief or fire marshal regarding provisions of this article may appeal to the building/flood board of adjustment and appeals within 15 days after receipt of written notice of the decision by the fire chief or fire marshal. Any appeal to the building/flood board of adjustment and appeals shall be in writing and directed to the fire chief or fire marshal. Copies of the appeal shall be promptly transmitted to the board by the fire chief or fire marshal. Upon giving not less than five business days' notice to the persons interested, a hearing shall be held in accordance with the rules of the board. The board may, after such hearing, by a majority vote, affirm, annul, or modify the action of the fire chief or fire marshal. The decision of the board shall be in writing, and a copy shall be mailed to the appellant within seven business days after the conclusion of the hearing and any decision made shall be final. Further recourse shall be through established legal procedures. Sec.17.36 17.37. Penalty for violation of article. Any person who shall: (1) Violate any of the provisions of this article; (2) Violate any order made pursuant to this article; (3) Build in violation of any detailed statement of specifications or plans submitted and approved pursuant to this article, or any certificate or permit issued pursuant to this article, and from which no appeal has been taken; or (4) Fail to comply with such an order as affirmed or modified by the fire chief, fire marshal, any board of adjustment and appeals having jurisdiction, or a court of competent jurisdiction, within the time fixed therein; Attachment number 1 Page 3 of 4 Ordinance No. 8038-09 4 shall severally for each such violation be guilty of a violation, punishable in the county court as a Class II violation as provided in section 1.12(3) or punishable before the code enforcement board as provided in Chapter 2, Article VII, Division 1. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________ PASSED ON SECOND AND FINAL _______________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Robert J. Surette Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 4 of 4 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Award a contract (blanket purchase order) for gas meter change outs to M. T. Deason, Incorporated in the amount of $256,000.00 for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same.(consent) SUMMARY: M.T. Deason, Incorporated was the low bidder, who met the specifications on Bid 0901-001, with an actual bid of $255,316. Funding is available in Gas Meter Changeout Pinellas 315-96367 (approximately $128,000) and Gas Meter Changeout Pasco 315- 96379 (approximately $128,000) in the Clearwater Gas System Budget. Material is code approved and the meters and regulators will be used on the Clearwater Gas System Distribution System. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:256,000.00 Annual Operating Cost:256,000.00 Not to Exceed:256,000.00 Total Cost:256,000.00 For Fiscal Year:4/1/09 to 3/31/10 Appropriation Code Amount Appropriation Comment 315-96367 128,000 Gas Meter Changeout Pinellas 315-96379 128,000 Gas Meter Changeout Pasco Bid Required?:Yes Bid Number:0901-001 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Gas System 3) Financial Services 4) Gas System 5) Financial Services 6) Office of Management and Budget 7) Legal 8) Clerk 9) Assistant City Manager ED 10) Clerk 11) City Manager 12) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $124,000 to M.T. Deason; in the amount of $143,000 to General Utilities Pipe; and in the amount of $54,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) SUMMARY: Consolidated Pipe & Supply was the low bidder who met the specifications of Bid 0812-002 for the lines 1-7 with an actual bid of $199,094.85. M.T. Deason Company, Incorporated was the low bidder who met the specifications on Bid 0812-002 for lines 8-10 with an actual bid of $123,260.00. General Utilities Pipe was the low bidder for lines 11-72, 79-86 and 101-148 with an actual bid of $142,433.02. Elster Perfection was the low bidder for lines 73-78 and 87-100 with an actual bid of $53,835.50. Funding is available in Pinellas New Mains and Service Lines 315-96377 (approximately $260,500) and Pasco New Mains and Service Lines (approximately $260,500) in the Clearwater Gas System budget. This material is code approved and will be utilized to install or replace Gas Mains and Service Lines on the Clearwater Gas System distribution system. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:521,000 Annual Operating Cost:521,000 Not to Exceed:521,000 Total Cost:521,000 For Fiscal Year:4/1/09 to 3/31/10 Appropriation Code Amount Appropriation Comment 315-96377 260,500 Pinellas New Mains and Service Lines 315-96378 260,500 Pasco New Mains and Service Lines Bid Required?:Yes Bid Number:0811- 002 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Gas System 3) Financial Services 4) Gas System 5) Financial Services 6) Office of Management and Budget 7) Legal 8) Clerk 9) Assistant City Manager ED 10) Clerk 11) City Manager 12) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000.00 to Consolidated Pipe and Supply; in the amount of $2,500.00 to M.T. Deason; and in the amount of $295,000.00 to General Utilities Pipe for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) SUMMARY: Consolidated Pipe & Supply was the low bidder for lines 5-40, 44-81 and 105-109 with an actual bid of $52,320.13. M.T. Deason Company, Incorporated was the low bidder who met the specifications on Bid 0812-002 for lines 129-132 with an actual bid of $2,500.25. General Utilities Pipe and Supply was the low bidder for lines 1-4, 41-43, 82-93, 110-128 and 133-160 with an actual bid of $294,491.46. This steel piping will be used in the Clearwater Gas System distribution system for casings, protection of facilities, and maintenance to existing steel mains. Funding is available in Pinellas New Mains and Service Lines 315-96377 (approximately $175,250) and Pasco New Mains and Service Lines 315-96378 (approximately $175,250) in the Clearwater Gas System budget. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$350,500.00 Annual Operating Cost:$350,500.00 Not to Exceed:$350,500.00 Total Cost:$350,500.00 For Fiscal Year:4/1/09 to 3/31/10 Appropriation Code Amount Appropriation Comment 315-96377 175,250.00 Pinellas New Mains and Service Lines 315-96378 175,250.00 Pasco New Mains and Service Lines Bid Required?:Yes Bid Number:0811-002 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Gas System 3) Financial Services 4) Office of Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager ED 8) Clerk 9) City Manager 10) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to the docks, boardwalks and promenade and adopt Resolution 09-10. SUMMARY: In the Downtown Boat Slips referendum, Ordinance 7777-07 required City Council adopt a resolution regulations that provide city residents first priority for the dedicated boat slips and ensure public access to the docks, boardwalks and promenade. By approving Resolution 09-10, City Council agrees to provide city-owned publicly accessible docks, moorings and promenade on the property generally bounded by Drew Street, Pierce Street, the Intracoastal Waterway Channel and the Bluff. Council also stipulates that Clearwater residents (domiciliaries) will have first priority of the boat slips. Legal has clarified residency for us. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one’s permanent home. They explain one way of grasping this concept is to understand that acquiring a legal residence, or domicile, is like becoming a citizen of a particular state. As a “citizen” – that is, a resident or domiciliary of a state-a person may enjoy benefits afforded only to domiciliaries of that particular state, such as the right to receive in-state tuition rates to colleges and universities. As such, the law analyzes an individual’s intent, rather than time spent in a given place, to determine an individual’s domicile. A few criteria to be used in evaluating if a Lottery applicant is a legal resident (domiciliary) of Clearwater will be where the applicant claims their homestead exemption, a copy of their most recent lease agreement if they rent, the address where the applicant is registered to vote and the address indicated on the applicants latest federal income tax return. City residents get first priority in choice of slips at the Lottery on March 14, 2009 for the 7 residents and 3 non-residents who met the lottery deadline. After the Lottery has taken place, city residents shall be able to select slips on a first-come-first-serve basis from March 16, 2009 until noon on May 15, 2009, provided they have provided a deposit equal to the first month’s slip rent. Non-residents shall be eligible to be placed on a waiting list on a first-come-first-served basis during this period by paying an amount equal to the first months rent for the size slip they desire. Beginning May 18, 2009, all Slips still available will be available to everyone, regardless of residency, on a first-come-first-served basis. If a waiting list becomes necessary after May 18, 2009, then city residents shall have first priority in selection of available slips over non-residents, so long as all interested in placement on the wait list have provided the Marina a non- refundable, $100.00 deposit. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo Resolution 09-10 RESOLUTION NO. 09-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ADOPTING REGULATIONS ENSURING CITY RESIDENTS FIRST PRIORITY FOR THE DEDICATED DOWNTOWN BOAT SLIPS AND ENSURING PUBLIC ACCESS TO THE CITY-OWNED, NON-LEASED DOCKS, BOARDWALK, AND PROMENDADE, AS REQUIRED BY § 2.01(6) OF THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is constructing city-owned, public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational, non-commercial vessels, together with public restrooms and dock master offices and associated surface parking on the portion of Clearwater Harbor and abutting uplands generally located south of Drew Street, north of Smith’s Finger, east of the Intracoastal Waterway Channel and west of the Bluff; and WHEREAS, § 2.01(6) of the City of Clearwater Charter requires the City Council adopt regulations providing city residents first priority for the dedicated downtown boat slips (the Slips) and ensure public access to the city-owned, non- leased public docks, boardwalk, and promenade; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby adopts the following regulations to provide city residents first priority for the Slips: a. Initial distribution of the Slips shall be done by lottery (the Lottery). City residents get first priority in choice of said Slips. All individuals interested in procuring a Slip shall have paid a $500.00 deposit and have submitted name and contact information by January 31, 2009. The Lottery shall take place on March 14, 2009. The City Auditor shall assign a number to each city resident Lottery participant, assigned in alphabetical order. The assigned numbers shall be input into a selection generator. The selection generator shall randomly determine the order of Slip distribution. Once the city residents’ distribution order has been determined, the same process will be repeated with non- resident participants. A representative from the Marina will contact each city resident participant in their respective, randomly-chosen order, and then will proceed to do the same for the non-resident participants only upon having contacted all city resident participants first. Attachment number 1 Page 1 of 3 Resolution No 09-10 2 b. For purposes of this resolution, a city resident is defined as an individual that has manifested an intention to make the City of Clearwater his or her permanent home. A city resident shall not include an entity registered with the Florida Department of State – Division of Corporations. The applicant’s status as resident shall be verified by the applicant providing the following: i) a copy of the applicant’s homestead exemption application, or a copy of the applicant’s most recent residential lease agreement, if they rent, and, either ii) a copy of the applicant’s voter registration card, the applicant’s most recent federal income tax return, or validly issued Florida drivers license. c. After the Lottery has taken place, city residents shall be able to select Slips on a first-come-first-served basis from March 16, 2009 until noon (12:00 p.m.) May 15, 2009 (only during normal business hours), so long as the city resident has provided the Marina a deposit equal to the first month’s slip rent. d. Non-residents shall be eligible to be placed on a waiting list on a first-come-first-served basis from March 16, 2009 until May 15, 2009 (only during normal business hours), so long as the non- resident has provided the Marina a deposit equal to the first month’s slip rent. This deposit shall be non-refundable, except in the event that the specific Slip requested by the non-resident is not available after May 15, 2009. e. Beginning May 18, 2009, all Slips still available will be available to everyone, regardless of residency, on a first-come-first-served basis. f. If the implementation of a waiting list becomes necessary after May 18, 2009, then city residents shall have first priority in selection of available Slips over non-residents, so long as all interested in placement on the wait list have provided the Marina a non-refundable, $100.00 deposit. Section 2. City-owned, daily-use public docks and side tie moorings shall only be accessible for public use from 6:30 a.m. to 9:00 p.m. daily, an exception shall be made, at the Harbor Master or the Harbor Master’s designee’s sole discretion if a special event is taking place necessitating the use of the public docks or side tie moorings past 9:00 p.m. Section 3. This resolution shall take effect immediately upon adoption. Attachment number 1 Page 2 of 3 Resolution No 09-10 3 PASSED AND ADOPTED this _______ day of ____________ 2009 __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Aging Well Master Plan - Presentation SUMMARY: Review Approval:1) Clerk Cover Memo The Age Wave is Here Oldest in U.S. 22%65 and Ç 4.1%85 and Ç Median Age 45.7 Baby Boomers 28% C o m m u n i t y I n v o l v e m e n t Aging Well Survey Community Forums Expert Interviews Community for a Lifetime Supportive Features/Services Adequate Mobility Options Personal Independence Active Resident Engagement V I S I O N : Affordable Housing R e s o u r c e s Aging Well Action Committee N E E D S : Long Range Strategy/Plan Grants Technology E s s e n t i a l s Affordable Housing Life Safety z Disaster Planning z Fall Prevention z Extreme Hoarding N E E D S : Information F o r I n d e p e n d e n c e Transportation N E E D S : Caregiver Resources Retirement Planning H e a l t h / W e l l n e s s Health Screening Access N E E D S : Health Education Access S o c i a l / C i v i c Senior Center N E E D S : Aging Issue Knowledge Creative Aging 2.Increase Essential Service Access 3.Maximize Independence 4.Promote Health and Wellness 5.Encourage Social and Civic Engagement G O A L S : 1.Optimize Resources Resources Establish Action Committee O B J E C T I V E S: O B J E C T I V E S: Create Aging Think Tank Resources Seek Grants O B J E C T I V E S:Resources Explore Technology O B J E C T I V E S:Resources Essential Services Promote Available Services O B J E C T I V E S: Promote Affordable, Supportive Housing O B J E C T I V E S:Essential Services Expand Life Safety Programs O B J E C T I V E S:Essential Services Independence Expand Transportation Options O B J E C T I V E S: Develop Economic Resource Center O B J E C T I V E S:Independence Promote Caregiver Resources O B J E C T I V E S:Independence Preventive Health Care O B J E C T I V E S:Health and Wellness Education Screenings Health and Wellness Programs O B J E C T I V E S:Health and Wellness Social/Civic EngagementO B J E C T I V E S: Aging Well Center Knowledge, Sensitivity to Issues O B J E C T I V E S:Social/Civic Engagement Cultural OpportunitiesCultural Opportunities O B J E C T I V E S:Social/Civic Engagement Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from August 2009 through August 2010 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute same.(consent) SUMMARY: The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System (PCSS) allows municipalities to use their fleet of buses and drivers for $1.00 per mile plus $19.20 per hour for driver with a four-hour booking minimum. During the summer of 2009, the department will organize approximately 150 field trips that could use school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly mode of transportation, in most cases. Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of transportation for participants. The attached Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that use school bus transportation. The Recreation Programming Division’s Operating Budget contains sufficient funds to cover the costs associated with this Agreement. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Appropriation Comment: Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in Recreation Division. Current Year Cost:$50,000 Annual Operating Cost:$50,000 Not to Exceed:$50,000 Total Cost:$50,000 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 1805 $50,000 See comments in Budget Adjustment Comments Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies and approve a mid-year budget amendment transferring $200,000 from unappropriated retained earnings. SUMMARY: The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over 40 years ago to be the main spring training facility for the Phillies. Their spring games were played at Jack Russell Stadium but the majority of the team work was done at Carpenter. In the early 1990’s the City made some much needed renovations to the clubhouse in order to accommodate the needs of the Phillies. At the June 19, 2008 City Council meeting, City Council approved a term sheet and established a CIP totaling $3,000,000 plus interest to renovate and expand the existing City building at the Carpenter Complex. Funding in the amount of $3 million is available for this contract in the capital project 315-93606, Carpenter Complex Clubhouse Renovations as authorized in June 2008. An additional amount of $100,000 is required under the contract for interest earned as described in Section 2c of the term sheet. In addition, $100,000 is requested to cover the costs of schematic and preliminary design costs that had been charged to the Parks and Recreation operating budget, and were not addressed in the original term sheet. These costs have since been moved to the project in order to capture all capital costs related to the project. A mid-year budget amendment will transfer $200,000 of unappropriated retained earnings to the project to cover these costs. Major elements of this project will be to enlarge the coaches locker room, restrooms, meeting rooms; provide larger and enhanced kitchen and feeding facilities, new office areas, storage facilities, a second floor totaling 5,650 sf in size to house additional offices, conference room, restroom and observation areas. As part of this project, the Phillies will assume the year round clay ballfield maintenance and custodial maintenance of the facility as well as be responsible for traffic and public safety during spring training beginning in FY 2010. Total annual savings to the general fund budget will be $219,330 for the remainder of the lease period with the Phillies, which is 15 years. The project construction commences May 2009 to be ready for spring 2010. There will be no increase in operating budgets and staffing levels due to the fact that the Phillies will pay a greater burden of the operating cost at the Carpenter Complex as well as at Bright House Networks Field. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:Yes Budget Adjustment Comments: Mid-year transfer from unappropriated general fund retained earnings. Current Year Cost:$200,000 Annual Operating Cost:n/a Not to Exceed:$200,000 Total Cost:$200,000 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 315-93606 $200,000 Cover Memo Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo SECOND AMENDMENT TO SPORTS FACILITY USE AGREEMENT THIS Second Amendment to that certain Sports Facility Use Agreement dated December 31, 2000, as heretofore amended (“Agreement”), is hereby made and entered into on January ____, 2009, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (“City”) and PHILLIES FLORIDA LLC, a Delaware limited liability company (“the Phillies”) (independently “Party” or collectively “Parties”). WHEREAS, City and the Phillies agree to amend the Agreement between the Parties to modify certain sections thereof as they relate to the cost of off-duty police presence during Major League Spring Training games at Bright House Field; and WHEREAS, City is responsible for certain costs related to the operation of Bright House Field and the Parties agree that responsibility for those costs shall be decreased as follows. NOW, THEREFORE, in consideration of the mutual covenants contained hereafter, the Agreement is hereby amended as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Second Amendment. 2. Paragraph 8.4 is amended to read in full as follows: 8.4 City Services. City will provide all appropriate City services at appropriate levels of coverage for all Events, except that, during Major League Spring Training games only, the Phillies will engage and pay off-duty police surrounding the Sports Facility for security and traffic control purposes and to prevent the unauthorized sale of merchandise at the Sports Facility. (For this purpose “unauthorized sale of merchandise” shall mean the sale of goods by a Person who has not been authorized by Attachment number 1 Page 1 of 2 the Phillies to make such sales and the sale of unlicensed goods, whenever a license is required for such sale to be given by the Phillies, MLB or other holders of the marks embodied on such goods.) The Phillies will provide necessary security and paramedical services within the Sports Facility. 3. All of the terms and conditions of the Agreement which are not expressly amended herein shall continue in full force and effect, and are incorporated herein by reference as if set forth in full. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. Countersigned: __________________________________ Frank V. Hibbard Mayor Approved as to form: __________________________________ Laura Mahony Assistant City Attorney PHILLIES FLORIDA LLC By: The Phillies, its sole member By: ______________________________ David P. Montgomery General Partner, President & CEO CITY OF CLEARWATER, FLORIDA By: _____________________________ William B. Horne, II City Manager Attest: _________________________________ Cynthia E. Goudeau City Clerk Attachment number 1 Page 2 of 2 SECOND AMENDMENT TO BASEBALL TRAINING FACILITY LEASE AGREEMENT THIS Second Amendment to that certain Baseball Training Facility Lease Agreement, dated December 31, 2000, as heretofore amended (“Agreement”) is hereby made and entered into on January ____, 2009 between the City of Clearwater, Florida, a municipal corporation of the State of Florida (“City”) and Phillies Florida LLC, a Delaware limited liability company (“the Phillies”) (each party individually referred to herein as “Party” or collectively as the “Parties”). WHEREAS, the City and the Phillies entered into the Agreement, which sets out the terms and conditions for the Phillies’ use and occupancy of, and of the Parties’ respective rights and obligations in respect to, certain property commonly known as the Carpenter Complex, (as more particularly described in Exhibit “A” attached thereto and incorporated therein); and WHEREAS, the Parties have agreed to make certain improvements to the Carpenter Complex spring training facility and otherwise revise the Agreement as provided for herein. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the parties hereto, the Agreement is hereby amended as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Second Amendment. Attachment number 2 Page 1 of 5 1. In accordance with Section 10, Alterations and Additions by the Phillies, Subsection 10.2, the following improvements will be made to the Carpenter Complex (the “Project”): a. the following renovations in approximately 7,000 sq. ft. of the ground floor of the existing operations building, namely, enlargement of coaches locker rooms and trainers area, upgrades to restrooms and meeting rooms, expansion of kitchen and feeding areas and additional storage and laundry areas; and b. the addition of 5,650 sq. ft. of second floor space, to include additional offices, conference rooms, restrooms and storage areas. 2. All of the foregoing shall be constructed in accordance with plans and specifications designed and delivered by the City’s architect of record, Wannamaker Jensen Architects, # 315-93606, entitled “Carpenter Complex Improvements.” 3. The Project will be managed by the Phillies and effected by a construction company that the Phillies select through a competitive procurement process that complies with applicable legal requirements for the bidding and awarding of construction contracts for public works projects to the same extent as if the City had undertaken such bidding and awarding of the contract, including but not limited to, all requirements of the Florida Statutes and the City of Clearwater Code of Ordinances. 4. The City will fund the Project up to a maximum of Three Million Two Hundred Thousand Dollars xx/100 ($3,200,000), which will be disbursed through the City’s purchase order process as appropriate invoices are received by the City from the Phillies. 5. The Phillies will be responsible for any Project cost overrun above City’s $3,200,000 contribution and theretofore will have the right to make additive and Attachment number 2 Page 2 of 5 subtractive change orders, for which it shall be responsible to the extent of any excess. In no event shall the City be responsible to fund any amount over the amount set forth herein and the Phillies shall guaranty completion of the Project and indemnify the City for any amounts required over the City-funded amount in order to complete the Project. 6. The City will purchase, bear the risk of loss with respect to, and insure for its own benefit, and the benefit of the Phillies, all construction materials specified by the Phillies. 7. In order to discharge the City’s duty to insure Project materials as provided for in Section 6 above, the Phillies will, at its own expense, add the City as an additional insured under its builder’s risk insurance for the Project and the City will (as a charge against its funding commitment) reimburse the Phillies for that portion of the insurance cost that relates to construction materials purchased by the City. The Parties agree to adjust these procedures as may be necessary to conform to sales tax regulations. 8. The City agrees that at the time of execution of this Amendment, there are no unfulfilled City regulatory or permitting approvals relating to the Project. However, in accordance with Section 10.2 of the Agreement, City’s consent for the Project is conditioned upon the Phillies acquiring any necessary permits from applicable government agencies other than City. 9. Section 9.1 is deleted in its entirety and shall be replaced with the following: 9.1. Phillies and City Obligations. The Phillies agree during its period of use to maintain the clubhouse and the weight training facility on the Demised Premises in a clean and orderly condition. Otherwise, the City shall keep the Demised Premises, including without limitation the clubhouse and the weight training facility, parking lot, Attachment number 2 Page 3 of 5 playing fields, practice fields, bleacher seats, and fences and all other buildings, structures and improvements thereon erected in good order and condition and shall perform all necessary maintenance, repair and restoration thereof, ordinary and extraordinary, structural and non-structural, excepting only as provided in the third from last sentence of this Section 9.1, and in compliance with all applicable Legal Requirements and in first class condition and up to first class MLB spring training facilities standards at the time of reference, provided however, that (subject to Sections 14 and 15 hereof) this obligation shall not operate to require the City to substantially reconstruct the Demised Premises during the Term hereof. Specifically, but without limiting the generality of the preceding sentence, the City shall continuously maintain the four playing fields and the practice field in a condition suitable for playing Major League baseball and in that connection shall provide at least three employees to perform playing field maintenance during periods of use by The Phillies. The Phillies shall: (a) provide one groundskeeper, at its expense; (b) from and after September 30, 2009, perform all field edging of all grass areas to all clay and warning traffic surfaces on all playing fields in the complex previously by the City; (c) all clay grooming for all Phillies events (raking, packing mounds, better boxes, etc.); (d) all maintenance of all batting tunnel clay mounds; and (e) all maintenance of bullpen clay for all Phillies events.. In the performance of their respective obligations under this Section 9.1, the City and The Phillies shall comply with all applicable health and safety code requirements. This section 9.1 shall not be construed to require the City to reconstruct new facilities. 10. All other terms and conditions of the Agreement shall remain in full force and effect. Attachment number 2 Page 4 of 5 IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. Countersigned: __________________________________ Frank V. Hibbard Mayor Approved as to form: __________________________________ Laura Mahoney Assistant City Attorney PHILLIES FLORIDA LLC By: The Phillies, its sole member By: _______________________________ David P. Montgomery, General Partner, President & CEO CITY OF CLEARWATER, FLORIDA By: _____________________________ William B. Horne, II City Manager Attest: _________________________________ Cynthia E. Goudeau City Clerk Attachment number 2 Page 5 of 5 Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Amend Section 22.24(2) of the Code of Ordinances to change the hours of operation for Station Square Park from “Closed from 9:00 p.m. until 6:00 a.m.” to “Closed from Sunset until Sunrise” and pass Ordinance 8059-09 on first reading. SUMMARY: On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate hours of operation for parks; 2) prohibit trespassing on parks; and 3) allow the posting of a sign to inform the public of said hours. Ordinance No. 7376-05 amended Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manger. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. Now that the construction of Station Square Park is complete, it is envisioned that Station Square Park will be used by downtown workers and as a venue for city events. Ordinance 8059-09 changes the hours that Station Square Park is to be closed from sunset until sunrise except by permit issued by the Parks & Recreation Department Special Events Division or the City Manager. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8059-09 ORDINANCE NO. 8059-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), MODIFYING PARK HOURS FOR STATION SQUARE PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinance regulations relating to the hours of operation for city parks from time to time in the interest of the public health, safety and welfare and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Section 22.24 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Article II. Use Regulations* * * * (2) The hours of operation for each city park, as may be amended from time to time, are as follows: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES Attachment number 1 Page 1 of 5 Ordinance No. 8059-09 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 11 12 CLIFF STEPHENS PARK 12 13 COOPERS BAYOU PARK 13 14 COUNTRY HOLLOW PARK 14 15 CYPRESS BEND PARK 15 16 CYPRESS POINT PARK 16 17 D.D. DAVIS PARK 17 18 DREW PLAZA 18 19 GARDEN AVENUE PARK 19 20 GLEN OAKS PARK 20 21 GLENWOOD PARK 21 22 HARDING PLAZA 22 23 HIBISCUS LAKE 23 24 HILLCREST PARK 24 25 LAKE HOBART SOUTH 25 26 LAKE LUCILLE 27 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 26 28 NORTHEAST COACHMAN PARK 27 29 NORTHWOOD PARK 28 30 OVERBROOK PARK 29 31 SALLS LAKE 1 & 2 30 32 SOULE ROAD PARK 31 33 SPRING LAKE PARK 32 34 STATE STREET PARK 35 STATION SQUARE PARK Attachment number 1 Page 2 of 5 Ordinance No. 8059-09 33 36 SUNSET POINT ROAD PLAYFIELD 34 37 TERRACE LAKE 35 38 TOWN PLACE PARK 36 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 37 CHERRY HARRIS PARK 38 STATION SQUARE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 38 39 COACHMAN PARK 39 40 COURTNEY CAMPBELL RECREATION AREA 40 41 COUNTRYSIDE LIBRARY PLAYGROUND 41 42 MAGNOLIA STREET DOCK 42 43 MEMORIAL PARKS 1 & 2 43 44 MORNINGSIDE RECREATION COMPLEX 44 45 NO. GREENWOOD REC. & AQUATIC COMPLEX 45 46 PROSPECT LAKE PARK 46 47 ROSS NORTON COMPLEX & ED WRIGHT PARK 47 STATION SQUARE PARK 48 TURNER STREET DOCK 49 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 50 BAYFRONT TENNIS COMPLEX 51 BELMONT PARK 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. 53 COACHMAN RIDGE PARK 54 COUNTRYSIDE COMMUNITY PARK 55 DEL ORO PARK (Trail: Sunrise to Sunset) 56 FRANK TACK PARK 57 MARYMONT PARK 58 MONTCLAIR PARK 59 PLAZA PARK Attachment number 1 Page 3 of 5 Ordinance No. 8059-09 60 SID LICKTON PARK & FRED COURNOYER CT. 61 SUNSET SAM PARK AT ISLAND ESTATES 62 U.S. 19 SOCCER PRACTICE FIELDS 63 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 64 CREST LAKE PARK 65 EDGEWATER DRIVE PARK 66 FOREST RUN PARK 67 JOE DIMAGGIO COMPLEX 68 LONG CENTER 69 MANDALAY PARK 70 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-79) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK Attachment number 1 Page 4 of 5 Ordinance No. 8059-09 CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 97 SAILING CENTER * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ __________________________ Laura Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 5 of 5 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7), and pass Ordinance 8025-09 on first reading. SUMMARY: The proposed amendments to this Ordinance and Appendix A include the recommendation for exclusivity for the City’s roll-off operation and various wording changes meant to clarify, update, or strengthen the current Ordinance and Appendix. Article VII, Solid Waste Management Update Language and added definitions Solid Waste to Solid Waste/General Services Solid Waste Director to Solid Waste/General Services Director City Commission to City Council Definitions added · Containerized service - collection of solid waste or recyclables in city-approved containers · Contamination - when more than de minimis non-recyclable items are included with recyclables, or two or more types of recyclables are commingled. · Eviction or move-out refuse - refuse left for collection resulting from an eviction or move-out. · E-waste - inoperative or discarded electronic components. · Interest - the amount charged when a penalty occurs · Late payment - payment remitted after the required due date. · Penalty - violation of Article VII. · Recovered materials dealer - person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. · Roll-off container - large capacity container used for commercial, industrial service, or special purposes and which is transported with its contents to a solid waste disposal site. · Servicing - interaction with Solid Waste/General Services with regards to installing, cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles. · Waste receptacle - vehicle or container used to collect, transfer or haul solid waste or construction debris. Strengthen Enforcement Capabilities - Language added to Sec. 32.276 that designated solid waste personnel have the "authority to exercise limited police powers to enforce provisions of this chapter." Storm Debris Management - Language added in Sec. 32,281(4) to give the City the ability, with the owners' permission, to enter private property in order to remove Cover Memo debris deemed to be a threat to health, safety and/or welfare. Appendix A, Schedule of fees, rates and charges Establish Rates Solid Waste curbside collection rates for customers outside the city limits (Agreements To Annex) - add a 125% monthly surcharge to provide curbside service to accounts outside city limits. Dumpster cleaning charges of $100 per receptacle after two free cleanings per year Annual maximum of yard waste per dwelling - four pick ups per 12-month period not to exceed 20 cubic yards in the 12-month period. Exclusivity for Roll-Off Operations The provision of roll-off and compactor service in the City of Clearwater is currently open to all private roll-off haulers and the City's Solid Waste Department. Exclusivity would prohibit private haulers from doing roll-off business within the City limits. This recommendation is based on the following: - Revenue Opportunity: Current City roll-off operation has the capacity to absorb additional business without adding full-time equivalent postions (FTEs)or equipment. - Savings: Staff costs and hours necessary (approximately 1,200 hours) to enforce collection of the 15% franchise fee from private haulers. - Customer Service: Continue high level of customer service (service same day or next, deodorize and clean containers, etc.) - Efficiency: Area of operation within the City limits allows for a short turn-around to service. - Location: Transfer Station is centrally located with the City and has the capacity to for additional refuse. There are eight FTEs assigned to the roll-off operation. Currently six are filled and two are vacant. The operation also includes six roll- off trucks providing service five days a week. Type:Other Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Ordinance No. 8025-09 ORDINANCE NO. 8025-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING ARTICLE VII, SOLID WASTE MANAGEMENT, SECTIONS 32.271 THROUGH 32.322, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION; (3)(c) SOLID WASTE COLLECTION RATES THROUGH SOLID WASTE ROLL-OFF CONTAINER OR WASTE RECEPTACLE SERVICE (5)(b)(ii)(7), CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article VII, Solid Waste Management, Section 32.271 through Section 32.322, Clearwater Code of Ordinances, is hereby amended as follows: DIVISION 1. GENERALLY Sec. 32.271. Entire system a unified public utility. The solid waste management system of the city, which includes refuse service and recycling services, are combined to form a unified public utility for the use and benefit of the city in the maintenance of public health, welfare and solid waste sanitation throughout the city. Sec. 32.2715. Definitions. As used in this chapter: (1) Commercial container means any container approved by the Solid Waste/General Services Department solid waste department and serviced by a commercial collection vehicle. (2) Commercial establishment means a property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code. The term excludes property or properties zoned or used exclusively for single-family residential or multi-family residential uses of four units or less. (3) Compactor means any mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables. (4) Compacted means refuse or garbage condensed by a compactor. Attachment number 1 Page 1 of 27 2 (5) Construction debris means discarded building materials and rubble including but not limited to earth, cement, brick, wire, cans, flooring materials, lumber, plaster, roofing materials and any other waste resulting from construction, remodeling, repair or demolition of any structure or pavement. Such construction debris may be either commercial or residential in character. (6)Containerized service means collection of solid waste or recyclables in city- approved containers. (7) Contamination means when more than de mininis non-recyclable items (such as trash, food waste, glass, putrescible garbage) are included with recyclables, or when two or more different types of recyclables are commingled in a container intended for one. (8)(6) Customer means owner, occupant, tenant, or other person having control of the improved real property. (9) Eviction or move-out refuse means any refuse that is left for collection resulting from an eviction or a move-out. (10) E-Waste means inoperative or discarded electronic equipment including, but not limited to televisions, computer CPUs, monitors and peripherals, and handheld and desktop telecommunications equipment. (11)(7) Hazardous material means material which is radioactive, volatile, flammable, explosive, infectious, toxic or otherwise hazardous, including but not limited to material designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater statute or regulation; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency. (12) Interest means the amount charged when a penalty occurs. (13) Late payment means any payment remitted after the required due date. (14)(8) Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. (15) Penalty means any violation of Article VII. (16)(9) Putrescible waste garbage means household or commercial solid waste that will putrefy. (17)(10) Recovered materials means metal, fiber, paper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. Attachment number 1 Page 2 of 27 3 (18)(11) Recovered materials dealer means any person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. (19)(12) Recovered materials processing facility means a facility engaged solely in the receiving, storage, processing, resale or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the definitions of section 403.7045(1)(f), Florida Statutes. (20)(13) Recyclable means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. (21)(14) Recycling means the collection, processing, marketing, reprocessing and resale or reuse of any material which would otherwise be processed or disposed of as solid waste. (22)(15) Recycling bin means any container issued by the city for the purpose of recycling. (23)(16) Refuse means all putrescible and non-putrescible solid waste. (24)(17) Residential refuse container means a city issued automated container and/or a city-approved 32-gallon container or other container approved by the director of Solid Waste/General Services solid waste. (25) Roll-off container means any large capacity container used for commercial or industrial service, or for special purposes, including but not limited to, containers with capacities between (10) ten and forty (40) cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. (26) Servicing means any interaction with Solid Waste/General Services with regards to including, but not limited to, installing cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles (27)(18) Solid waste means sludge not regulated under the Federal Clean W ater Act or Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. The term does not include recovered materials as defined in this section or in section 403.703(7), Florida Statutes. (28)(20) Solid Waste/General Services Solid waste director means the person authorized to exercise and enforce the provisions of this ordinance. (29)(19) Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of according to an orderly, purposeful and planned program which includes closure and long-term maintenance. (30)(21) Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility or other facility, the purpose of which is resource recovery or the disposal, recycling, processing or storage of solid waste. The term does not include recovered materials processing facilities which meet Attachment number 1 Page 3 of 27 4 the requirements of Section 403.7046(4), Florida Statutes, except the portion of such facilities, if any, that is used for the management of solid waste. (31)(22) Source-separated means that recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes that de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. (32)(23) Special wastes means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, e-waste, paint yard trash, and biological wastes. (33)(24) Trash means any waste accumulation of paper, sweepings, rags, bedding or other matter of any kind, other than garbage, which is usually attendant to housekeeping, except recyclables. (34) Waste receptacle means any vehicle or container but is not limited to a trailer, roll-off container, compactor or any other type of container used to collect, transfer or haul solid waste or construction debris. (35)(25) White goods means inoperative and discarded refrigerators, ranges, water heaters, freezer[s] and other similar domestic and commercial large appliances of any color. (36)(26) Yard waste means vegetative matter resulting from landscaping and maintenance. Sec. 32.272. Collection by city; exceptions. (1) Generally. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city government. Following receipt and referral by the City Council Commission of annexation petitions, the city shall, upon request by the petitioners, collect refuse accumulated on properties being annexed by the city. Moreover, the fact that any residential, commercial, or industrial property within the City is being constructed, is occupied, or is capable of being occupied, shall be prima facie evidence that solid waste is being generated or accumulated upon such property. (2) Exception for commercial establishments. This chapter shall not prohibit the actual producers of solid waste or the owners of premises upon which solid waste has accumulated, from personally collecting, conveying and disposing of such solid waste provided such producers or owners comply with the provisions of this chapter and with all other governing laws and ordinances. This paragraph shall not be construed to provide for or as allowing collection by subcontract. An owner or producer of refuse or recyclable materials may sell or donate these materials but may not enter into any disposal agreement whereby the owner or producer pays for the use of the container or for hauling. (3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors from outside of the city from hauling such solid waste over city streets prescribed by the Attachment number 1 Page 4 of 27 5 director of public works provided such collectors comply with the provisions of this chapter and all other governing laws and ordinances. (4) Exception for private collectors with roll-off containers, compactors or waste receptacles. This chapter shall not prohibit a private collector who holds holding a permit, for from the placing and servicing roll-off containers or waste receptacles for commercial and industrial solid waste, which is issued by the city for the duration of an existing contract, provided that said contract was in effect for a period of six months prior to the adoption of this ordinance. that the city does not choose to collect and approves for collection by outside contract. (a) Prohibited services. It shall be unlawful for any party, other than the City, to engage in the business of collecting, removing, or disposing of household waste, construction and demolition debris, commercial, or industrial waste, unless otherwise authorized by this article. This article shall not, however, prohibit the actual producers of solid waste, or the owners of premises upon which solid waste has accumulated, from personally collecting, conveying, disposing of, or managing such solid waste, provided such producers or owners comply with the provisions of this article and with all other governing laws and ordinances. This article shall not be construed to provide for the collection, conveying, disposing of, or managing of solid waste by contract with other parties. (b) Placement of containers. Subscribers or private collectors authorized to provide services under this article shall not place any container or receptacle for solid waste outside of any building or structure without first having obtained permission from the City approving location of such container. (c) Exception to prohibited services. The City may honor an existing private refuse contract for existing development which annexes into the City for the remainder of the contract term or for five (5) years from the date of annexation, whichever is shorter, provided that said contract was in effect for at least six (6) months prior to the date of first reading of the annexation ordinance. (5) Exception for bulky items. The city has the right to refuse garbage service of any unusual or extremely bulky item or to require the owner or producer of waste to reduce it to such size and weight as can be handled by city equipment. Sec. 32.273. Director of Solid Waste/General Services solid waste; powers; appeals from action. (1) All solid waste and recyclables accumulated in the city shall be collected, conveyed, and disposed of or otherwise managed by the city under the supervision of the director of Solid Waste/General Services solid waste. (2) The director of Solid Waste/General Services solid waste shall have the authority to establish the type of container, the frequency of collection, location of container, amount of solid waste and recycling collection or disposal service needed. Attachment number 1 Page 5 of 27 6 Sec. 32.274. Unlawful practices generally. It is hereby declared unlawful and a violation of this chapter for any person to do or permit to be done any of the following acts or practices: (1) To deposit on or bury in, or cause to be deposited in or buried in, any property, public or private, and any street, alley, the waters of Clearwater Bay, or any creek, watercourse, storm sewer, or ditch within the corporate limits of the city, any solid waste or other noxious, malodorous or offensive matter; (2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and in good state of repair all containers and trash receptacles; (3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of any kind, which constitutes a menace to traffic, both vehicular and pedestrian, or a health or aesthetic problem, or which impairs the proper operation of the city's sewer or drainage system; (4) To remove recyclables or any marketable materials from solid waste placed out for collection. Such an act is declared "scavenging" and is punishable by a fine of $500.00 per incident. An incident is deemed to be the removal of such materials from a single premises; (5) To dispose of any paint, hazardous material, acid, explosive material, Inflammable liquids, burning substance or any dangerous or highly corrosive material, used oil or biohazardous wastes in any refuse container which might be detrimental or harmful to any person or persons. The city will not be responsible for the collection or disposal of these materials or of special industrial wastes. Damage to city-owned containers as a result of the above will be repaired at the expense of the user; or (6) To place or deposit or cause to be placed or deposited upon any of the streets, sidewalks, parkways, thoroughfares, public parks, or other public places of the city, any tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded matter of whatever kind, except as specifically provided within the rules and regulations; ; (7) To bring any solid waste into the city from outside the city limit, or to transfer solid waste originating from one party to another party within the city, for the purpose of collection and removal by Solid Waste/General Services; or (8) It shall be unlawful for any third party or contractor to create or leave construction debris, yard waste or refuse subsequent to the performance of any work on private property for the city to collect. No materials from such operations shall be placed in any residential container, commercial container, waste receptacle or set out curbside for collection by the City without prior authorization by the Solid Waste/General Services director. Sec. 32.275. Prohibited materials. (1) Building materials. Except for roll-off container or waste receptacle services, the city shall not be responsible for the collection of dirt, rock, sod, plaster, lumber, metal or other Attachment number 1 Page 6 of 27 7 construction or building material originating from private property preliminary to, during or subsequent to the construction of new buildings, or alterations or additions to existing buildings. Such material shall be removed by the owner of the property or by the contractor. No certificate of occupancy shall be issued until such material has been removed by the owner or contractor. (2) Contagious disease solid waste. The removal of clothing, bedding or other solid waste from homes or other places where highly infectious or contagious diseases have prevailed shall be performed by a licensed medical waste collector registered with the director of Solid Waste/General Services solid waste. Such solid waste shall not be placed for collection and shall not be collected by solid waste or recycling personnel. (3) Inflammable or explosive materials. Highly flammable or potentially explosive materials or toxic substances shall not be placed in containers for regular collections, but shall be disposed of as directed by the director of Solid Waste/General Services solid waste at the expense of the owner or possessor thereof. (4) Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides, herbicides and other hazardous materials shall not be placed for collection, and shall not be collected by solid waste personnel. Sec. 32.276. Enforcement. The director of Solid Waste/General Services solid waste is authorized to exercise limited police powers to enforce the provisions of this chapter. These limited police powers shall include the authority to issue a notice of violation of a provision of this chapter and, following a reinspection after the time specified in the notice for corrective action, if there has not been substantial compliance with the notice of violation, or if the violation has been corrected but reoccurs, the director of Solid Waste/General Services solid waste may cause a summons to be issued by a sworn police officer, code enforcement officer, or designated Solid Waste/General Services employee of the city for appearance in county court, or may notify the code enforcement board and request a hearing pursuant to sections 7-102 of the Clearwater Community Development Code 2.218 and 2.219. A notice of violation shall describe the nature of the violation, the corrective action necessary to cure the violation, and the time within which corrective action shall be taken. A notice of violation shall be served in the manner set forth in section 162.12, 2.216 Florida Statutes. Personnel Employees authorized by the city manager or designee as code enforcement officers or solid waste personnel are hereby designated as the investigating and enforcing authority pursuant to this article. The code enforcement officers or solid waste personnel are authorized and directed to receive all complaints, make inspections to determine if a violation of this article exists, gather all relevant information concerning such complaints, conduct field investigations and inspections of real property, and enter upon real property, with or without a warrant as required by law, in the conduct of official business pursuant to this article. It shall be unlawful for any person to interfere, harass, or otherwise impede a city code enforcement officers or solid waste personnel employee who are is carrying out or acting within the scope of his/her duties. A law enforcement official shall have the authority to arrest an individual in violation of Article VII this section. Attachment number 1 Page 7 of 27 8 Sec. 32.277. Penalties. (1) Any person found to be in violation of the provisions of this article shall be prosecuted as provided in section 1.12. (2) Imposition of a penalty or fine does not prevent the code enforcement board from proceeding or from revoking or suspending a license or permit. (3) In addition to the penalties provided in subsection (a) of section 1.12, any condition caused or permitted to exist in violation of any of the provisions of this Code can be deemed a public nuisance, and may be abated by the city as provided by law. If action to remedy the condition is taken by the city, the actual costs of such action plus administrative costs of up to $200.00 shall be owed by the owner to the city and shall constitute a lien against the property until paid. (4) If a customer has not removed extra or nonconforming solid waste or other industrial waste, hazardous waste or noncombustible refuse within 24 hours after notification by solid waste, the director of Solid Waste/General Services solid waste may order such removal and all costs incurred shall be placed against the customer's utility account. (5) Failure to remove a container tagged with a warning by the Solid Waste/General Services Department code enforcement/solid waste department within the specified period of time subjects the customer to a fine of $10.00 per day, which is placed on the customer's utility bill. Repeat offenders, at the discretion of the director of Solid Waste/General Services solid waste, may be placed on side or rear yard premium service at the appropriate fee. Sec. 32.278. Service fees and charges. (1) The fact that any place of abode or any place of business is occupied shall be prima facie evidence that refuse is being produced and accumulated upon such premises and that fees for the collection and disposal thereof are due the city. (2) See Appendix A for solid waste management system deposits, fees, service charges, and rate schedules. (3) The solid waste collection and disposal charges are applicable until all municipal utilities including lawn (water) meters are disconnected. (4) For accounts payable, see section 32.066. (5) Additional service charges may be levied at the discretion of the director of Solid Waste/General Services solid waste. Sec. 32.279. Duty of property owner to supply receptacle; exception. It shall be the duty of all owners of residences, businesses, professional offices, and other commercial establishments in the city to supply each of such establishments with solid waste receptacles containers except where furnished by the city. Attachment number 1 Page 8 of 27 9 Sec. 32.280. Duty of property owner; precollection practices. (1) Preparation of solid waste. (a) Garbage. All garbage shall be drained of liquid and shall be wrapped or bagged in paper or plastic before being placed in any container for collection. (b) Trash. All trash shall be drained of liquid before being deposited for collection. (c) Recyclables. Recyclables shall be prepared for collection in accordance with existing policies that of the city provides. as part of the recycling education program. (d) Yard waste. Loose yard waste shall be placed inside a container, other than the city-issued container, approved by the city and placed for recycling collection at curbside, separate from other trash. Such containers shall not be filled above the rim of the container. Single articles such as palm fronds, tree branches and limbs shall be cut or broken into pieces which are less than four (4) inches in diameter and four (4) feet long and shall be stacked at curbside for recycling collection. It shall not be the responsibility of the solid waste personnel to clean up de minimis debris resulting from standard collection. Larger articles may be collected by special pickup upon request and approval by the director of solid waste. (e) Scrap metal and appliances. Scrap metal and appliances shall be placed at the curb for recycling collection separate from other trash. Freezers, refrigerators, clothes washers, clothes dryers, dishwashers or similar airtight units shall have the doors removed or secured before being placed for collection. All stand-up items shall be laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into pieces not longer than six (6) feet. (f) Crates and cardboard boxes. Crates and cardboard boxes shall be collapsed prior to being placed for collection. (g) Dangerous material. All dangerous material collected manually such as broken glass, light bulbs, and razor blades, and fluorescent tubes shall be deposited in a disposable container and placed at curbside for collection. (h) None of the above may be placed out prior to twenty-four (24) forty-eight (48) hours in advance of a scheduled pick-up. (2) Containers. (a) Duty to provide and maintain in sanitary condition. Except in the case of containers provided by the city, all containers shall be provided by the owner, tenant, or occupant of the premises. Containers shall be maintained in good condition and shall be subject to inspection and approval of conditions by city code enforcement inspectors and others having jurisdiction. Routine maintenance of can[s], carts, and waste receptacles dumpsters in a sanitary manner is the responsibility of the user. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by the customer upon Attachment number 1 Page 9 of 27 10 written notice by the city. The director of Solid Waste/General Services solid waste shall have the authority to discontinue collection service for failure to comply. In the event of damage to a container provided by the city caused by a user of the container, the cost of repair or replacement shall be charged to the customer's account. (b) Specifications. Containers shall be made of durable plastic or metal, equipped with suitable handles and tight-fitting covers, and shall be water-tight. Except in the case of containers provided by the city, each container shall have a capacity of not more than thirty-two (32) gallons, and shall weigh not more than 60 pounds when full. (c) Commercial trash bins. No commercial trash bins or trash rooms shall be used without written permission of the director of Solid Waste/General Services solid waste. No existing bin shall continue to be used, and no new bin shall be permitted for use, unless it is completely enclosed and watertight. (d) Commercial containers. Containers shall be of such size and shape as to be capable of being lifted and emptied into city collection vehicles. Commercial front end containers provided by the owner and used in conjunction with compactors shall first be approved by the director of Solid Waste/General Services solid waste, such approval to relate to the ability of the city to service such equipment. (3) Storing of solid waste. (a) Public places. No person shall place any solid waste in any street, alley or other public place or upon any private property whether owned by such person or not, unless it is in containers for collection. No person shall place any solid waste at the curb for collection except on his or her property, and such placement shall be behind the curb or where the curb should be. Any person having a corner lot may use the side yard curb, subject to the director of Solid Waste/General Services’ solid waste's approval. No person shall throw or deposit any solid waste in any ditch, stream or body of water. (b) Unauthorized accumulation. Any unauthorized accumulation of solid waste on any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of solid waste following notice to the owner or tenant and a reasonable opportunity to take corrective action shall be deemed a violation of this chapter. (c) Reserved. (d) Commercial establishments. All commercial establishments shall secure solid waste accumulated upon the premises so as to eliminate wind-driven debris and unsightly litter conditions in and about the establishment. (e) Public parking lots. All public parking lots shall be provided with containers in sufficient quantity so that there shall be at least one container for every 50 parking spaces. This requirement shall apply to parking lots with a capacity in excess of 25 Attachment number 1 Page 10 of 27 11 spaces. It shall be the responsibility of the owner or the manager of the parking lot to collect the material deposited in the containers and deposit the material in a container for collection. As used in this subsection the term "public parking lot" shall mean a privately owned lot open to the general public. (f) Construction sites. All construction sites shall use utilized city-approved waste receptacles trash containers, the number of which shall be determined according to the size of the job at the discretion of the director of the building division. Construction sites shall be kept clean and orderly at all times and the building director may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary condition. Any waste receptacle used to collect refuse that is not supplied by the City shall be required to be registered with the director of Solid Waste/General Services. (4) Waste receptacles, compactors, roll-off containers and baling machines. (a) Registration. Prior to the placement of compactors, roll-off containers, waste receptacles, and baling machines such equipment shall be registered with the director of Solid Waste/General Services solid waste. (b) Storage of compacted trash. Compacted cardboard, trash or by-products thereof as described in this section which have been compacted into bales shall be stored in fireproof structures or buildings at all times unless awaiting transport to ultimate disposal. (c) Transporting compacted or roll-off trash. No person shall transport compacted trash or recyclable materials over streets and roadways in the corporate city limits without prior registration with the director of Solid Waste/General Services solid waste. (5) Eviction/Move Out Refuse. The property owner shall be responsible for time and material charges as stated in Appendix A for any refuse clean up resulting from an eviction or move out. Sec. 32.281. Duty of property owner; collection practices. (1) Frequency of collection. (a) Residential and small businesses. Solid waste accumulated by residences and small businesses shall be collected twice each week on regularly scheduled days except Saturdays, Sundays and holidays. (b) Commercial. Motels, hotels, restaurants, supermarkets, hospitals, schools and other establishments may have daily collection services to fit their respective needs at the regular rates charged. therefore. Where necessary to protect the public health, the director of Solid Waste/General Services solid waste or an authorized health department official may require more frequent collections. (c) Special collections. Restaurants and other establishments having refuse, which has an offensive odor or will constitute a nuisance shall may be collected as deemed Attachment number 1 Page 11 of 27 12 necessary and upon the approval of the director of Solid Waste/General Services solid waste. (2) Collection locations. (a) Curbside pickup (c) Side or rear building. Solid waste containers shall be placed for collection on the ground at the curbline, immediately in front of and contiguous to owner's property and at least ten (10) feet away from any permanent structure or vehicle and cannot obstruct pedestrian passage. Solid waste containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and shall be accessible without entering into a building or shelter of any type. Exceptions may be granted with the approval of the director of Solid Waste/General Service solid waste. (b) Handicapped and elderly. Any person who has been certified by a physician as being unable to place a solid waste container at the curb shall be entitled to have the solid waste collected at the side or rear of the building at no extra charge. (c) (a) Side or rear yard premium service building collection. A fee as stated in Appendix A will be charged to customers who wish to have the containers pulled out and placed back for them by solid waste personnel. Solid waste containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and shall be accessible without entering into a building or shelter of any type. No solid waste shall be collected unless containers are readily accessible by solid waste personnel without unlocking a door, gate or other obstacle Exceptions thereto may be approved in writing by the director of solid waste provided that an additional payment for the extra service is agreed upon by both parties. (3) Container placement and removal. (a) Residential refuse and/or recycling containers and yard waste placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department code enforcement/solid waste department with a warning. Second violators will be subject to a fine of $10.00 per day, which will be placed on the customer's utility bill. Repeat offenders will be placed on side or rear yard premium service at the stipulated rate. (4) Storm debris management consent. Property owner shall consent to storm debris removal by the city on the basis of the city’s power to act on behalf of its citizens health, safety, and or welfare subject to the execution of a right-of-entry form provided to the property owner by city personnel. Sec. 32.282. Yard waste/bulk collections. (1) It is the responsibility of all tree surgeons, nurseries, lawn care services and landscaping contractors, or any individual or company doing work on private property, to remove from the premises all residue and rubbish resulting from said work. Failure to comply will result in a fine in the amount of not less than the existing cost for removal plus Attachment number 1 Page 12 of 27 13 an administrative fee not to exceed $200.00, for the first infraction. A second infraction may result in the loss of the occupational license. (2) All white goods’ doors must be removed or secured before being set out for collection. (3) Items for collection should be placed out no earlier than 24 48 hours in advance of a scheduled pick-up and should not present a health or safety hazard to the general public. * * * * * * * * * * Sec. 32.284. Waste receptacle Dumpster enclosures/storage of containers. (1) Enclosure required. (a) Customers who receive containerized service and who are not subject to the requirements of paragraph 5 subsection (b) of this section shall meet the following requirements with respect to waste receptacle Dumpster enclosures. (b) The enclosure will be constructed and maintained in such a manner as to ensure that the waste receptacle Dumpster is not visible from ground level. c) The enclosure shall have a gate that is of sufficient width so that the waste receptacle Dumpster is easily accessible by a front-end loading refuse collection truck. Said truck requires 12 feet of unobstructed access. (d) The base of the enclosure shall contain a six-inch-thick reinforced concrete pad of a size suitable for the waste receptacle Dumpster in use at that location. (2) Those customers whose site receives containerized service and whose use of or improvement to the service site requires site plan approval or approval of minor change of use, shall also comply with the rules and regulations regarding enclosure dimensions, materials, location, and other physical attributes, as may be promulgated and amended from time to time by the director of Solid Waste/General Services solid waste . (3) Every containerized customer who receives containerized service shall assume all risk and shall indemnify, defend, and save harmless the City of Clearwater from and against all loss, damage, cost or expense for the enclosure which is not due to the negligence of the City of Clearwater. (4) No final building inspection shall be undertaken nor certificate of occupancy issued for any site which has not complied with the enclosure requirements contained in this section. (a) Any residential customer obtaining service for any multiple-family residence, and who is not otherwise subject to the requirements of section 32.321, shall provide an enclosure for recycling containers. These recycling enclosures shall be located so that the recycling containers are easily accessible by the residents, and by the refuse collectors, using front-end rearloading vehicles. The enclosures shall be constructed so that the recycling containers are not visible from any public right-of-way. In addition, the director of Solid Waste/General Services solid waste or designee shall Attachment number 1 Page 13 of 27 14 have the authority to review the proposed location and construction of such enclosures to ensure that they meet the criteria of this section, and also to ensure that any applicable building and safety code provisions are complied with. (5) The Solid Waste/General Services solid waste director shall have the authority to waive some or all requirements of this section, except those relating to accessibility and location, in those cases in which the customer demonstrates that: (a) The waste receptacle Dumpster or recycling container would not be visible at ground level from any adjacent right-of-way or property, due to the existences of walls, fences, or other screening on site in compliance with this Code; or (b) Enforcement of this section would result in extreme hardship. (6) All enclosures are required to be constructed in accordance with the City of Clearwater specifications. Sec. 32.285. Collection and disposal by commercial establishments, private individuals and outside collectors. (1) Requirement for vehicles. All transported refuse shall be containerized or tarped, and vehicles used for hauling shall be licensed by the city and approved by the director of Solid Waste/General Services solid waste. The actual producers of solid waste or the owners of premises upon which solid waste is accumulated who desire personally to collect and dispose of such solid waste, persons who desire to dispose of waste material not included in the definition of solid waste and solid waste collectors from outside of the city who desire to haul solid waste over the streets of the city, shall use a water-tight vehicle provided with a tight cover and shall operate the vehicle so as to prevent offensive odors escaping therefrom and materials from being blown, dropped or spilled. (2) Rules and regulations. The director of Solid Waste/General Services solid waste shall have the authority to adopt reasonable and necessary regulations concerning private collection and disposal and the hauling of solid waste over city streets by outside collectors. * * * * * * * * * * DIVISION 2. PERMIT FOR ROLL-OFF CONTAINER AND/OR WASTE RECEPTACLE SERVICE Sec. 32.288. Required. Only sole proprietors A permit is required by this division for persons or corporate entities companies placing or servicing roll-off containers, or any other waste receptacle whether such containers are installed permanently or temporarily within the Clearwater Ccity limits, with a contract, proof of which shall be provided to the City upon request, for the placing and servicing of such roll-off containers or waste receptacles for commercial or industrial solid waste, provided that said contract was fully executed at least six months prior to the adoption of this ordinance shall be eligible to obtain a yearly permit for the servicing or placing of such roll-off containers. Such entity eligibility for a yearly permit to place or service roll-off containers within City shall be known as a Permitee; however, pursuant to section 32.272(4)(a), it shall be unlawful for Attachment number 1 Page 14 of 27 15 a Permitee to engage in the business of collecting, removing, or disposing of household waste, construction and demolition debris, commercial, or industrial waste after the Permitee’s contracts for placing and servicing such roll-off containers or waste receptacles have terminated. Sole proprietors or corporate entities that are party to a contract for the placing or servicing of roll-off containers or waste receptacles that were executed less than six months before the adoption of this ordinance shall not be eligible for Permitee status under this section. Sec. 32.289. Application. Every sole proprietor or corporate entity person required to procure the permit for roll- off container or any other waste receptacle service provided for in section 32.288 shall submit an application for such permit to the city manager or designee. The application shall: (1) Be a written statement upon forms provided by the city. Such application form shall include an affidavit to be sworn to by the applicant before a notary public of the state. (2) Require the disclosure of all information necessary in compliance with this division. (3) Be accompanied by a permit fee in the amount set out in appendix A to this Code. (4) Be submitted to the city manager or designee together with all pertinent information required in this division, in order that a determination can be made by the city manager. (5) Contain a complete record of all arrests and convictions against the applicant and every partner, officer or director of the applicant for violations of any and all laws and ordinances of the city, county, state or federal government. (5)(6) Contain the names of employees responsible for the operation of applicant's business, meaning those who will manage, administer and supervise the business under the permit when issued. , including the amount of experience possessed by each such employee. If such employee is other than a partner or director of the applicant, then each such employee shall complete a city police department background information report, executed under oath, and submit to a background investigation, photograph and fingerprints. (6)(7) Contain the following additional information: (a) Number, type and size of waste collection vehicles in use; (b) Number of employees assigned to each waste collection vehicle; (c) Name and location of every establishment in the city, including short-term construction sites, where roll-off containers or waste receptacles are placed and serviced by the applicant. (7) Be accompanied by copies of all contracts for the servicing or placing of roll-off containers or waste receptacles within the City of Clearwater that have been executed at least six months prior to the adoption of sections 32.272(4)(a) and 32.288 of the code. Attachment number 1 Page 15 of 27 16 Sec. 32.290. Prerequisites to issuance. In determining whether or not a permit for the placement or servicing of a roll-off container and/or waste receptacle should be issued, the city manager or designee shall consider and base his decision on the following: (1) A review of the material submitted pursuant to section 32.289; (2) A review of all convictions of the applicant, the reasons therefore and the conduct of the applicant subsequent to release; (3) The license history of each applicant; (2) (4)The certificate of approval of the city manager to the effect that the applicant has satisfied the following: (a) The adequacy of the equipment to be used;, including but not limited to soundness and identifiable markings including current company name, phone number and container number; otherwise roll-off container and/or waste receptacle shall be impounded to return to the rightful owner; (b) The applicant has agreed to remit to the city each month a fee as set out in Appendix A to this Code. and the applicant has agreed to furnish a duplicate copy of the applicant's monthly billing; Each applicant shall also provide to the director of Solid Waste/General Services a monthly report identifying collections made within the city. The monthly report shall include invoice copies and service addresses. The report together with the 15% monthly fee is due no later than the last business day of the following month; (c) The applicant has agreed to make all books and records applicable to the business conducted under the permit required by section 32.288 available to the city for inspection and audit; (d) The applicant has provided a copy of a certificate of insurance demonstrating that the applicant's employees performing work pursuant to the permit are covered by workers' compensation insurance. (3) Full disclosure of all previous business names, current subsidiaries, parent companies or any successors. * * * * * * * * * * Sec. 32.292. Liability insurance. The holder of a permit for roll-off container and/or waste receptacle service issued pursuant to this division shall maintain in effect at all times public liability insurance in the minimum amounts of $500,000.00 single limit for personal injuries arising out of one occurrence and $100,000.00 property damage, and shall f urnish the city a certificate evidencing such insurance. The city shall be named as an additional insured under such insurance. The permit holder shall furnish a certificate of insurance demonstrating compliance with the requirements of this section. Attachment number 1 Page 16 of 27 17 Sec. 32.293. Roll-off and/or waste receptacle permit application, Ttermination, denial renewal. (1) All permits for roll-off container and/or waste receptacle service issued pursuant to this division shall be valid for not more than one year and shall terminate on December 31st September 30 of each year. (2) Applicants Each permit holder shall complete make a written application for renewal on forms provided by the city manager or designee on or before January 1 October 1 of each calendar year. The application shall be accompanied by the fee as stated in Appendix A. which renewal application shall update the information provided by the initial application and shall be accompanied by a fee in the amount required for initial applications. (3) Applications for renewal shall be processed in the same manner as an initial application. (3)(4) No permits required by this division shall be renewed, and no new permit shall be issued to any sole proprietor or corporate entity person unless the city manager or designee determines that the city is unable to collect, remove or dispose of that refuse. certain garbage, rubbish and other accumulations. (4)(5) Such permit may be terminated or denied by the city manager but only after the procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a new permit or renewal shall be to the city council. commission (5) (6) The granting or renewal of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. (6) No permit shall be issued to any applicant who is delinquent in remittance of franchise fees, penalties, or interest. (7) The permit issued to the applicant shall not be transferable or pro-rated. (8) No pemit shall be issued or granted permit shall be valid after all Permitee’s contracts to service or place roll-off containers or waste receptacles within the City of Clearwater have terminated or such contracts cease to be enforceable. Sec. 32.294. Revocation or suspension. The city manager or designee, after affording the holder of a permit for roll-off container and/or waste receptacle service notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any application or application for renewal or on any submittal required by this division by the permit holder, agent or employee, revoke the permit in its entirety, suspend the permit for a stated period of time, place the permit holder on probation, or place other conditions thereon as the city manager finds necessary. Sec. 32.295. Rates. Attachment number 1 Page 17 of 27 18 Rates for roll-off container and or waste receptacle service are listed in Appendix A - Schedule of Fees, Rates and Charges, Section XXV, Public Works Utility Fees, Rates and Charges. Sec. 32.296. Prohibition. No hazardous or medical waste shall be placed in City of Clearwater roll-off containers and/or waste receptacles compactors. Hazardous and/or medical waste shall be disposed of by authorized contractors in compliance with federal, state and local laws and regulations. Sec 32.297 Entities not registered with the City of Clearwater to provide roll-off container and/or waste receptacle service. Roll-offs containers and/or waste receptacles located on city property and/or rights-of-way that are not registered shall be hauled to a city site and an initial fee of $300.00 plus disposal if required. A $50.00 a day storage fee shall also apply. Sec 32.298 Penalties. Permitee will incur a monthly 1% penalty charge for past due submissions of monthly report and franchise fees. Failure to supply invoice copies will also result in a monthly 1% penalty charge. Failure to comply can result in the denial of the issuance of a permit or revocation of a permit. DIVISION 3. RECOVERED MATERIALS DEALERS* Sec. 32.311. Required. (1) After February 1, 1994 A recovered materials dealer shall provide to the Solid Waste/General Services solid waste director of the city a copy of the certification required by F.S. § 403.7046, prior to engaging in business within the city. In addition, a recovered materials dealer shall register with the Solid Waste/General Services solid waste director of the city prior to engaging in business within the city. (2) Recovered materials generated at commercial establishments within the city shall be source-separated at the premises of the commercial establishment. Sec. 32.312. Prohibition. (1) Any person, sole proprietor or corporate entity not certified under F.S. § 403.7046, as required is expressly prohibited from doing business as a recovered materials dealer within the city. (2) The city expressly reserves the right to provide for the exclusive collection, transportation and processing of recovered materials from single-family or multi-family residential properties or to enter into an exclusive franchise for such services to these properties, or any combination thereof, at the option of the city. Attachment number 1 Page 18 of 27 19 (3) Certified recovered materials dealers are limited to providing service to commercial establishments only. (4) Only recovered materials may be removed from the commercial solid waste stream. Sec. 32.313. Registration. Every sole proprietor person or corporate entity hauling, collecting, receiving, and/or processing recovered materials shall be required to register as a recovered materials dealer shall register with the director of Solid Waste/General Services. solid waste The registration shall: (1) Include a completed written application on the forms provided by the city manager or designee on or before October 1 of each year. Be a written statement upon forms provided by the city. Such registration forms shall include an affidavit to be sworn to by the registrant before a notary public. (2) Require the disclosure of all information necessary in compliance with this division. (2) (3) Be accompanied by a registration fee in the amount set out in Appendix A to this Code. (4) Be submitted to the city manager by the director of solid waste together with all pertinent information required in this division, in order that a determination can be made by the city manager . (3) (5) Contain the name of the dealer, including the owner or operator of the dealer, its general and limited partners if a partnership, its corporate officers and directors if a corporation, its permanent place of business, evidence of certification under F.S. §403.7046, and a certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of F.S. §403.7046. (4) Registration shall not be transferable or pro-rated. Sec. 32.314. Reporting. Each certified recovered materials dealer registered with the city shall provide to the director of Solid Waste/General Services solid waste a quarterly report identifying the types and tonnages of recovered materials from the City of Clearwater that were collected, recycled, or used during the reporting period; the approximate percentage of recovered materials reused, stored or delivered to a recovered materials processing facility or disposed of in the solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste. Each quarterly report shall be due not later than the last business day of the month following the end of each calendar quarter. Sec. 32.315. Recovered Materials Dealer license application, Ttermination, denial. renewal. Attachment number 1 Page 19 of 27 20 (1) All registrations for recovered materials dealers doing business within the city shall be valid for not more than one year, and shall terminate on September 30th December 31 of each year. (2) Each registrant shall make a written application for renewal of registration on forms provided by the director of Solid Waste/General Services solid waste works on or before October 1 of each calendar year. which renewal application shall update the information provided by the initial application and shall be The application shall be accompanied by a fee in the amount required as stated in Appendix A. for initial applications. (3) Applications for renewal shall be processed in the same matter as an initial application. (3) (4) Registration may be terminated, or an application for renewal may be denied, by the director of Solid Waste/General Services solid waste works upon compliance with the procedure set forth in section 29.41(2). (4) (5) Registration or the renewal of a registration pursuant to this division shall not be construed as a grant of a franchise or a vested right. Sec. 32.316. Revocation or suspension. The city manager, after affording the registrant notice of the charges and an opportunity to be heard with respect with to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any report, application or application for renewal or on any submittal required by this division by the applicant, agent or employee, revoke the registration in its entirety, suspend the registration for a stated period of time, place the registrant on probation or place other conditions thereon as the city manager finds necessary. DIVISION 4. RECYCLING BY CITY Sec. 32.320. Curbside. (1) Curbside recycling shall be provided made available to residential, office, and hotel/motel units which are served by rearloader or sideloader solid waste collection and a fee shall be assessed in the amount set out in Appendix A to this Code. (2) Curbside recycling collection will be once-weekly. A recycling container will be furnished by the city along with instructional materials providing the necessary information for proper participation to include the designation of the collection day. (3) Curbside recycling containers placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department code enforcement/solid waste department with a warning. Repeat violators will be subject to a fine in the amount set forth in section 32.281(3)(a), which will be placed on the customer's utility bill. Attachment number 1 Page 20 of 27 21 Sec. 32.321. Multi-family recycling. Multi-family recycling shall be provided will be offered to complexes within the city. The program will be phased in by the solid waste department. (1) A the fee shall be assessed in the amount set out in schedule for multifamily recycling will be provided Appendix A to this Code. (2) Multi-family recycling may be will be tailored to the needs of each complex and is will be integrated into a full-service solid waste management program. (3)Continual contamination of the materials picked up by the Solid Waste/General Services Department will result in denial of service. All fees stated in Appendix A to this code will still apply. Sec. 32.322. Commercial recycling. Commercial recycling may will be provided by the Ssolid Wwaste/General Services Ddepartment in competition with certified recovered materials dealers registered with the city. The Solid Waste/ General Services Ddepartment solid waste will provide customized recycling service to commercial establishments tailored to the needs of the establishment and integrated into a total solid waste management program. Commercial recycling base rates will be set out in Appendix A to this Code, and such base rates may be amended from time to time by resolution adopted by the city council commission. The city manager or designee may adjust the rates upwards or downwards in order to be cost-competitive compete effectively with private recovered materials dealers operating within the city. * * * * * * * * * * Section 2. Appendix A, Article XXV Public Works – Fees, Rates and Charges is hereby amended as follows: * * * * * * * * * * (c) Solid waste collection rates. 1. Monthly charges for twice-weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: One 90-gallon container will be provided for automated service for each living unit. Additional 90-gallon containers will be provided at the discretion of the director of Solid Waste/General Services solid waste at the rate specified below. Where routes are automated, automated service shall be the only option. TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Each living unit, minimum $21.48 $22.55 $23.68 $24.86 $26.10 Each additional container 21.48 22.55 23.68 24.86 26.10 (ii) Side or rear yard premium service building collection: Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons. For each Attachment number 1 Page 21 of 27 22 additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each 90-gallon container. TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Each living unit $42.96 $45.10 $47.36 $49.72 $52.20 Each additional container 14.99 15.74 16.53 17.36 18.23 (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Each account, minimum $7.14 $7.50 $7.88 $8.28 $8.70 (iv) Service outside of the municipal limits. Accounts outside the City limits shall be assessed 125% of the city’s monthly charges for curbside service for twice-weekly collection for each unit. b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $21.48 $22.55 $23.68 $24.86 $26.10 All additional living units, per unit TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $11.25 $11.82 $12.41 $13.03 $13.68 (ii) Side or rear yard premium service building collection: First living unit, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $42.96 $45.10 $47.36 $49.72 $52.20 All additional living units, per unit TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 Attachment number 1 Page 22 of 27 23 $21.48 $22.55 $23.68 $24.86 $26.10 c. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (3)(c)2.a. of this section. d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. (i) Curbside pickup, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $21.48 $22.55 $23.68 $24.86 $26.10 (ii) Side or rear yard premium service building collection : Two containers, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $42.96 $45.10 $47.36 $49.72 $52.20 Each additional container TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $14.99 $15.74 $16.53 $17.36 $18.23 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this section. e. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: First eight containers TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $89.88 $94.38 $99.10 $104.06 $109.26 Each container in excess of eight TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $13.19 $13.85 $14.55 $15.28 $16.05 (ii) Side or rear yard premium service building collection: First eight containers TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $179.76 $188.76 $198.20 $208.12 $218.52 Each container in excess of eight TABLE INSET: Attachment number 1 Page 23 of 27 24 Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $26.36 $27.68 $29.06 $30.51 $32.04 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c. of this section. 2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. a. Curbside pickup: (i) One container, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $56.19 $59.00 $61.95 $65.05 $68.30 (ii) Each additional container TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $56.19 $59.00 $61.95 $65.05 $68.30 b. Side or rear yard premium service building collection: (i) One container, minimum * * * * * * * * * * 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of Solid Waste/General Services solid waste and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city council commission , upon the recommendation of the city manager. 5. Each single-family or multi-family dwelling customer will be allowed up to 4 (four) pick-ups per 12-month period at no charge providing the combined yardage of the 4 (four) pick-ups does not exceed a total of 20 (twenty) cubic yards during that 12 month period. 6. Waste receptacles excluding residential refuse containers shall be eligible for two cleanings per year at no charge. Any subsequent cleaning shall incur a $100.00 per waste receptacle charge . (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) . . . $57.50 2. Curbside recycling: a. Monthly charges for curbside service for once-weekly collection for each unit: TABLE INSET: Fiscal Year Beginning October 1, 2007 2008 2009 2010 2011 $2.01 $2.07 $2.13 $2.19 $2.44 Attachment number 1 Page 24 of 27 25 b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.15 (effective 10/1/2007) handling charge per bin (one- time charge per delivery). c. Charge for a curbside recycling bin shall be: Cost plus $1.15 (effective 10/1/2007) handling charge. ( c) d. Special collection of recyclables where cCity services a bin at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge. (d) e. Service outside of the municipal limits. Accounts outside the City limits shall be have 110% of a ten percent surcharge assessed over and above the city’s monthly charges for curbside service for once weekly collection for each unit. 3. Monthly charges for multi-family collection of prescribed service initiated before January 1, 1996: a. Service with semi-automated carts: * * * * * * * * * Multi-family complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard Ddumpster. 4. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $1.49 $1.54 $1.59 $1.64 $1.82 Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for service offered after June 1, 1996, will commence in the appropriate billing cycle of the month following. 5. Monthly charges for commercial collection represents the target level of commercial recycling from which the Solid Waste/General Services Department solid waste division will flex up or down to be cost-competitive with certified recovered materials dealers (private recycling companies) operating within Clearwater. a. The target level charge for service with semi-automated carts shall be charged on the same basis as rates included in 3.a. b. The target level charge for service with non-compacted commercial containers shall be the same as rates included in 3.b. above. * * * * * * * * * (5) Other miscellaneous charges: * * * * * * * * * * (b) Solid waste roll-off container or waste receptacle service: (i) Private service fees: 1. Permit fee to place or service roll-off containers or waste receptacles (§ 32.292(3)), (effective 10/1/2007) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.50 2. Monthly fee of 15 percent of the gross revenue billed by permit holder for from the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month including roll-off containers installed permanently or and Attachment number 1 Page 25 of 27 26 temporarily. For the purposes of this section gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. (§ 32.293(4)(b)). (ii) Public service fees: 1. Monthly fee of 15 percent of the gross revenue billed by permit holder for from the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month including roll-off containers installed permanently or and temporarily. For the purposes of this section gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. 2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or waste receptacle one round trip: In the City of Clearwater * * * * * * * * * * 3. Deposits. a. Roll-off compactor. A $400.00 deposit will be charged for each roll-off compactor. b. Open top container. A $400.00 deposit will be charged for open top roll-off containers. Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. c. The initial deposit may be set at less than the normal two-month level upon determination of being in business for two years or more or otherwise providing satisfactory credit worthiness and by executing a special deposit/payment agreement approved by the director of Solid Waste/General Services solid waste which provides for a more rapid payment schedule than normal. 4. Billing. Roll-off containers and/or waste receptacle service will be billed for a combination of the pull charge, disposal fee and any other roll-off services rendered. 5. Other service charges. a. Rental. A $3.40 (effective 10/1/2007) per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. b. Rinse and deodorize (effective 10/1/2007) . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . $24.57 c. Overload charge for any container loaded above the rim (effective 10/1/2007) . . .$56.50 d. Damage. Damage to container will be assessed at actual cost of repair. e. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. f. Malfunction. Containers that are damaged and/or not maintained properly and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. After repair, a second pull charge will be assessed for the pull along disposal fee and other appropriate charges. g. Premium service. Any roll-off container or waste receptacle service required after duty hours or on weekends or holidays where overtime must be paid will be billed to the customer at time and one-half or 150 percent of the established charge. h. Placement or retrieval. A $56.50 (effective 10/1/2007) charge will be assessed for the placement or retrieval of a container requested and not used or returned without an associated pull charge. i. Lease and service rates. Lease and service rates for compactors will be based upon the size, type and installation requirements of the compactor as determined by the director of Solid Waste/General Services solid waste. Attachment number 1 Page 26 of 27 27 6. Charges for roll-off container or waste receptacle service represents the target level of charges for the services rendered from which the Ssolid Wwaste/General Services Ddepartment will flex up or down to be cost-competitive effective while providing the most economical service to customers. 7. All waste receptacles within the city limits that contain putrescible refuse shall, at the discretion of the Solid Waste/General Services Director, be required to have a minimum of one collection per week. * * * * * * * * * * Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ______________________________ PASSED ON SECOND AND FINAL _______________________________ READING AND ADOPTED ____________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 27 of 27 Solid Waste Department Roll-Off Exclusivity What is a Roll-Off? •A roll-off is any large capacity container used commercially or privately to haul and dispose of solid waste or construction debris.solid waste or construction debris. What is Exclusivity ? •Exclusivity would allow the City of Clearwater the right to be the only hauler within city limits. No private hauler would be permitted to operate within city limits.operate within city limits. Various Exclusivity Contracts •Waste Pro (private) •City of Largo (municipality) City of Clearwater Private Haulers •There are currently 10 private haulers registered to provide roll- off service within city limits.off service within city limits. •These haulers are located from Tampa, FL to Arcadia, FL. •None of these haulers are located within city limits. Roll-Off Revenues FY 04 thru FY 08 Clwtr Private 800K 700K 600K 500K Private500K 400K 300K 200K 100K FY04FY08FY07FY06FY05 Roll-Off Revenues FY08 City Private 140K 120K 100K 80K80K 60K 40K 20K Private Hauler Audit •In 2006 The City of Clearwater audited the 10 private haulers. •Over $377K was recovered.•Over $377K was recovered. Annual Staff Involvement without Exclusivity •Solid Waste Personnel 855 hours •Assistant City Attorney 20 hours •Assistant City Attorney 20 hours •Audit Department 325 hours •Total Staff 1,200 hours Annual Staff Involvement with Exclusivity •Solid Waste Personnel 215 hours •Audit Department 85 hours•Audit Department 85 hours •Total Staff 300 hours Solid Waste Department Roll-Off Exclusivity Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one 12-inch reclaimed water main in the CSX right-of-way as part of the Chautauqua/Coachman Ridge Reclaimed Water Project, approve Pipeline Crossing Agreement CSX- 621838, authorize the appropriate officials to execute same and adopt Resolution 09-06. SUMMARY: · A work order for consultant services was approved on May 15, 2008 for design, preparation of construction plans, and permitting for the Chautauqua/Coachman Ridge Reclaimed Water Project. As part of this project, the City desires to construct one 12-inch reclaimed water main crossing CSX right-of-way. · The 12-inch reclaimed water main crossing is located where the CSX Railroad intersects Old Coachman and NE Coachman. · CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. · The cost to the City will be $535 for a license fee and $750 for a construction risk fee for a total cost of $1,285. · Sufficient budget for interim financing or funding with 2006 Water and Sewer Revenue bond proceeds when issued is available in project, 0378-96739, Reclaimed Water Distribution, in the amount of $1,285. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:1,285.00 Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 0378-96739-565400-533- 000-0000 1,285.00See summary Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Resolution No. 09-06 RESOLUTION NO. 09-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF A 12” RECLAIMED WATER MAIN IN THE CSX RIGHT-OF- WAY AS PART OF THE CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater will be installing a pipeline across the CSX right-of-way at Old Coachman Road as part of the Chautauqua/Coachman Ridge Reclaimed Water Project; and WHEREAS, appropriate agreements have been prepared; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreements between the City and CSX Transportation, Inc., identified as Pipeline Crossing Agreement No. CSX-621838. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreements described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2009. ____________________________ Frank V. Hibbard Mayor-Council Member Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Attachment number 2 Page 1 of 22 Attachment number 2 Page 2 of 22 Attachment number 2 Page 3 of 22 Attachment number 2 Page 4 of 22 Attachment number 2 Page 5 of 22 Attachment number 2 Page 6 of 22 Attachment number 2 Page 7 of 22 Attachment number 2 Page 8 of 22 Attachment number 2 Page 9 of 22 Attachment number 2 Page 10 of 22 Attachment number 2 Page 11 of 22 Attachment number 2 Page 12 of 22 Attachment number 2 Page 13 of 22 Attachment number 2 Page 14 of 22 Attachment number 2 Page 15 of 22 Attachment number 2 Page 16 of 22 Attachment number 2 Page 17 of 22 Attachment number 2 Page 18 of 22 Attachment number 2 Page 19 of 22 Attachment number 2 Page 20 of 22 Attachment number 2 Page 21 of 22 Attachment number 2 Page 22 of 22 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Award a contract (Blanket Purchase Order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period March 06, 2009 through March 31, 2010 as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Pinellas County operates the only waste to energy plant/landfill in the county. The NPDES permit that Public Services/Stormwater operates under requires the disposal of all debris generated from the street sweepers, vaccon operation and ditch/catch basin cleaning to a landfill disposal site. Pinellas County's landfill is the only landfill in this county permitted to accept this debris. Pinellas County has kept their rate at $37.50 for over 11 years. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:180,000 Annual Operating Cost:180,000 Not to Exceed:180,000 Total Cost:180,000 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 0-419-02090-543500-539- 000-0000 180,000 Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Award a contract (increase to Purchase Order) to Carl Eric Johnson, Inc. of Lawrenceville, GA, a sole source for current equipment, in the amount of $70,021.00, with two (2) optional one-year extensions for Moyno Progressive Cavity Pumps and replacement parts used at the three (3) Wastewater Treatment Plants, for a total amount of $120,021.20, and authorize the appropriate officials to execute same. (consent) SUMMARY: Moyno Progressive Cavity Pumps are used to transfer high viscosity fluids throughout the treatment processes at the three (3) Advanced Wastewater Treatment Plants (WWTP). Moyno is standardized by the Water Pollution Control Division for replacement pumps and parts in this application because it eliminates excessive down time without the greater cost of retrofit and redesign. Carl Eric Johnson, Inc. is sole source for Moyno Pumps and replacement parts. Blanket Purchase Order BR505396 covers the initial period of December 18, 2008 to December 31, 2009. Optional extensions are requested in case the purchase order amount lasts longer than the original, initial period end date. The projected amount for this period is based on the current performance of aging equipment and estimated costs of replacements and repairs that may be required before december 31, 2009. The original value of BR505396 is $50,000. Approval of the additional amount of $70,021.20 will increase the total value to $120,021.20. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-550400-535-000-0000, WPC Operations, to fund $91,050.57 of the FY 2008/09 cost of this purchase order and is planned in the budget request to be brought forward for FY 2009/10 in the amount of $28,970.63. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:120,021.20 Annual Operating Cost: Not to Exceed:Total Cost:120,021.20 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0421-01351-550400-535- 000-0000 91,050.57 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Anticipated Moyno Pump Replacements PlantSectionQtyEst Cost EachExtended Cost MS Reactor Discharge 1 12,872.00$ 12,872.00$ Belt Press Feed 1 8,294.00$ 8,294.00$ Primary Scum Pit 1 14,999.00$ 14,999.00$ NE Truck Unload Station 1 8,294.00$ 8,294.00$ Waste Activated Sludge 1 9,782.00$ 9,782.00$ East Sludge Bldg 1 8,294.00$ 8,294.00$ Anticipated Moyno Replacement Parts Rotors 3 2,916.00$ 8,748.00$ Stators 3 1,203.00$ 3,609.00$ Misc 3 400.00$ 1,200.00$ Add cushion 10%7,609.20$ Total anticipated requirement 83,701.20$ Less balance on BR505396 (13,680.00)$ Request increase to BR505396 from Council 70,021.20$ Original value of BR505396 50,000.00$ New total value of BR505396 120,021.20$ Fiscal Year Breakdown Segment From To Days Cost Per FY FY 2008/09 12/18/2008 9/30/2009 286 91,050.57$ FY 2009/10 10/1/2009 12/31/2009 91 28,970.63$ Total 377 120,021.20$ Moyno Pump Worksheet for 2009 Conditions may not require or allow for replacement of all this equipment or usage of the full amount of this purchase order within the period 12/18/08-12/31/09. Please request approval of 2 optional one-year extensions of the purchase order end date. Attachment number 1 Page 1 of 1 A Unit of Robbins & Myers, Inc. Moyno Incoporated 1895 West Jefferson St. Springfield, Ohio 45506 Phone: (937) 327-3265 Fax: (937) 327-3572 December 18, 2008 Ms. Alison Johnson City of Clearwater, Florida 1605 Harbor Drive Clearwater, Florida 33755 Subject: Robbins & Myers - Moyno, Inc. - Authorized Distributor Dear Ms. Johnson, Sole authorized distributor of Genuine Moyno Pumps and replacement Parts in Clearwater, Florida is: Carl Eric Johnson, Inc. 1725Q MacLeod Drive Lawrenceville, Georgia 30043 Phone: 678/377-3100 Fax: 678/377-2021 Billy Wing maintains a sales office for Carl Eric Johnson, Inc. in Florida and can be contacted at 727/744-3212 Orders or inquiries for Moyno Pumps and Parts should be directed to either Ken Purl or Beverly Garner at the above address. Feel free to call me at the number above if additional information is required. Thank you for your interest and support of Moyno products. Sincerely, Doug Smith Municipal Contracts Engineer Cc: Roy Leffew Beverly Garner File Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Discuss and provide direction on issues associated with allocating the Clearwater Beach Hotel Density Reserve SUMMARY: In July 2008 the City Council established the Hotel Density Reserve for Clearwater Beach. Pursuant to the provisions of Beach by Design, the allocation of Hotel Density Reserve units is to be made through a development agreement. In order to streamline the preparation of these agreements and ensure general consistency among them, the Planning Department is seeking Council’s input on several items that need to be included in them. The Planning Department is seeking direction from Council on the duration of a development agreement allocating the Hotel Density Reserve. Code Section 4-606.B.1 specifies that development agreements shall not exceed 20 years. The Planning Department believes a 10- year duration is sufficient because it affords both the City and the developer certainty regarding development rights and obligations per Florida Statutes. The provisions of these agreements will not typically address issues of neighborhood compatibility, etc. which could warrant agreements of a longer duration. In order to achieve the goal of realizing new hotel construction on Clearwater Beach, the Planning Department is recommending that projects receiving Hotel Reserve Units be constructed within the normal timeframes established by the Community Development Code instead of a longer timeframe established through the development agreement. This would require developers to obtain building permits within one year of Community Development Board approval (unless otherwise specified in the development order) and a certificate of occupancy within two years of the date the initial building permit is issued. It should be noted that the Code also allows the Community Development Coordinator to grant a one-year extension of time to initiate a building permit for good cause, as well as an additional one-year extension by the Community Development Board. Requiring adherence to these timeframes will ensure that projects cannot encumber Reserve units for unusually long periods of times. Lastly, the Department is recommending that development agreements allocating the Reserve contain a provision requiring units to be returned to the Reserve in the event the agreement is terminated, the project fails to meet or maintain the Reserve criteria or the units are not constructed within the specified timeframes. The City Attorney’s Office, with input from the Planning Department, is developing a sample development agreement to be used as a starting point for development agreements allocating the Hotel Density Reserve. It incorporates the issues discussed above and is provided for your information. Some of the key provisions are: · Section 4.4 requires a description of the project in terms of number and types of units, project density, number of parking spaces, etc.; · Section 5.3 specifies that the agreement shall be in effect for 10 years; · Section 6.1.3.1 requires that the project be consistent with that approved by the Community Development Board; · Section 6.1.3.2 requires the developer to obtain building permits and a certificate of occupancy within the timeframes set forth in Community Development Code; · Section 6.1.3.3 requires a mandatory evacuation/closure covenant; and · Section 6.1.5 provides for the specific number of units allocated from the Hotel Density Reserve. It also requires units to be returned to the Reserve if the criteria for the Hotel Density Reserve are not maintained. It also obligates the developer to execute a covenant restricting the Reserve units in perpetuity to the use established by the approved site plan. Cover Memo Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated _________ 200__, and entered into between _______________________________, ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately _____ acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, Developer desires to develop the Property by [description of project], generally conforming to the architectural elevation dimensions shown in composite Exhibit "B." WHEREAS, upon completion the planned hotel will contain _________ units, which includes _________ units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Florida Statutes Section 163.3220 (200__), Code Section 4-606, and any other applicable law; Attachment number 1 Page 1 of 22 2 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on __________, 200_, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD________ on ___________, 200_ conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer’s behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit “A” is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of ___________ and is zoned ________________. Attachment number 1 Page 2 of 22 3 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit “___” and contingent upon the passage of this Agreement. 3.3 The Property is generally located at [address] as more further described in Exhibit A. SECTION 4. Scope of Project 4.1 [DESCRIPTION of Project, including number and type of units, number of parking spaces, design of units, other site features, development restrictions, population densities, building intensities, building height, etc.] 4.2 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4- 606G. 2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. Attachment number 1 Page 3 of 22 4 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number 200__- ______, including any conditions. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. [NOTE: based on current requirements of Pinellas County Countywide Rules] 6.1.4 Covenant of Unified Use. [OR Unity of Title: ADD if appropriate] Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D”. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Attachment number 1 Page 4 of 22 5 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional _____ hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD200__- ______ and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD200__-______ and by this Agreement. 6.2 Obligations of the City. 6.2.1 The City shall promptly process construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive ___ units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. Attachment number 1 Page 5 of 22 6 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Attachment number 1 Page 6 of 22 7 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: _________________________________ With Copy to: _________________________________ If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer. 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that Attachment number 1 Page 7 of 22 8 such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer’s right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer’s obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer’s such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. Attachment number 1 Page 8 of 22 9 SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. Attachment number 1 Page 9 of 22 10 SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. Additional Sections [ADD if applicable]: Specialized Definitions Description of Hotel and Fractional Share Units and Characteristics Provision Regarding Transient Use, ownership of periods of time by Fractional Owners If Comprehensive Plan Amendment and/or Rezoning are required, add special Effective Date provision If Agreement contains provisions such as Developer’s agreement to pay Pro Rata Share, build Parking Garage, etc., add provision requiring written consent of City prior to assignment of Developer’s rights IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: [Developer] _______________________________ By:_____________________________ Printed Name: ___________________ _______________________________ Printed Name: ___________________ CITY OF CLEARWATER, FLORIDA _______________________________ By: ___________________________ Printed Name: ___________________ William B. Home II, City Manager _______________________________ Printed Name: ___________________ Attest: _______________________________ Cynthia E. Goudeau, City Clerk Countersigned: Attachment number 1 Page 10 of 22 11 _______________________________ Frank V. Hibbard, Mayor Approved as to Form: _______________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this__day of ______, 2009, by_____________, as _________________ of______________________, on behalf of the company. He is ___ personally known to me or ____ has produced _____________________as identification. ________________________________ Notary Public Print Name:_______________________ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this __day of _______, 200__by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is ___ personally known to me or who ___ produced as identification. _________________________________ Notary Public Print Name:________________________ #468360 v3 - AMBIANCE.draft development agreement Attachment number 1 Page 11 of 22 12 EXHIBIT A Legal Description of Project Site Attachment number 1 Page 12 of 22 13 EXHIBIT B Site Plan Attachment number 1 Page 13 of 22 i EXHIBIT C COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of ___________, 200__, by ________________________ (“Developer”). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution ______________, passed and approved on _________________ Developer’s application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer’s compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: Attachment number 1 Page 14 of 22 ii 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: [DESCRIBE hotel and, if applicable, other units] 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer’s commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys’ Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys’ fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, Attachment number 1 Page 15 of 22 iii whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] Attachment number 1 Page 16 of 22 iv IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___, day of 200__. WITNESSES: _______________________________ _____________________________ Printed Name: ___________________ _______________________________ Printed Name: ___________________ CITY OF CLEARWATER, FLORIDA _______________________________ By: ___________________________ Printed Name: ___________________ William B. Home II, City Manager _______________________________ Printed Name: ___________________ Attest: _______________________________ Cynthia E. Goudeau, City Clerk Countersigned: _______________________________ Frank V. Hibbard, Mayor Approved as to Form: _______________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this __day of ______, 200__, by ____________, who is ___ personally known to me or who ____ produced as identification. ________________________________ Notary Public Print Name:_______________________ STATE OF FLORIDA Attachment number 1 Page 17 of 22 v COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this __day of _______, 200__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is ___ personally known to me or who ___ produced as identification. _________________________________ Notary Public Print Name:________________________ Attachment number 1 Page 18 of 22 6 EXHIBIT D COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this __day of ______________, 200__ by _________________ ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated _______________, 200__ (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel [add any other applicable use], as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer’s allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer’s ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. [Add provision re Fractional Share Units, if applicable]. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Attachment number 1 Page 19 of 22 7 IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this ____ day of ________________, 200__. WITNESSES: [Developer] _______________________________ _____________________________ Printed Name: ___________________ _______________________________ Printed Name: ___________________ CITY OF CLEARWATER, FLORIDA _______________________________ By: ___________________________ Printed Name: ___________________ William B. Home II, City Manager _______________________________ Printed Name: ___________________ Attest: _______________________________ Cynthia E. Goudeau, City Clerk Countersigned: _______________________________ Frank V. Hibbard, Mayor Approved as to Form: _______________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this__day of ______, 2009, by [PROPERTY OWNER], who is ___ personally known to me or who ____ produced as identification. ________________________________ Notary Public Print Name:_______________________ STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 1 Page 20 of 22 8 The foregoing instrument was acknowledged before me this __day of _______, 200__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is ___ personally known to me or who ___ produced as identification. _________________________________ Notary Public Print Name:________________________ Attachment number 1 Page 21 of 22 9 SCHEDULE A Attachment number 1 Page 22 of 22 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Reappoint John Timberlake and Howard Warshauer to the Public Art and Design Advisory Board with the term expiring March 31, 2013. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Foundation and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation CHAIRPERSON: Joshua Bomstein MEETING DATE: Not less often than quarterly TIME/PLACE: Determined when called APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. John P. Timberlake – 2891 Sweetgum Way S., 33761 – Dir. of Florida Operations Office: Phillies Florida LLC – 601 Old Coachman Rd. N., 33765 Original Appointment: 04/06/06 (4) Absences in the past year (Citizen) Interest in Reappointment: Yes (1st term expires 03/31/09) 2. Howard Warshauer – 808 Allen Dr., 33764 – Consultant – Urban Revitalization Original Appointment: 04/06/06 (0) Absences in the past year (Citizen) Interest in Reappointment: Yes (1st term expires 03/31/09) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: (No other applications on file) Zip codes of current members: 2 - 33755 2 - 33761 1 - 33759 1 - 33764 1 - 33760 Current Categories: 1 Clearwater Arts Foundation 1 Pinellas County Arts Council 1 Architect 1 Artist 3 Citizens Cover Memo Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Appoint one member to the Airpark Advisory Board with the term to expire March 31, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Dennis G. Roper MEETING DATES: 1st Wed., 3 pm PLACE: Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Edward J. Dolezal, Jr. – 1200 Gulf Blvd., #1801, 33767 – Real Estate Investor Original Appointment: 11/01/07 Resigned in December 2008 - (was serving 1st term until 11/30/2011) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1.Thomas D. Black – 2630 W. Grand Reserve Cir., Apt 816, 33759 – USAFR / Aviation Industry 2. Walter Crosby – 408 Cincinnati Parkway, 33765 – Retired 3. Paul E. Lightfoot – 3102 Eagles Landing Circle West, 33761 – Financial Advisor Zip codes of current members on board: 1 at 33759 2 at 33765 1 at 33767 Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7937-08 on second reading, annexing certain real property whose post office address is 2327 Nursery Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 7937-08 ORDINANCE NO. 7937-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2008-02002) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7938-08 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 7938-08 ORDINANCE NO. 7938-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) 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 COUNCIL 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 See attached legal description Residential Suburban (RS) (ANX2008-02002) Section 2. The City Council 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. 7937-08. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7939-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 7939-08 ORDINANCE NO. 7939-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL 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 See attached legal description Low Density Residential (ANX2008-02002) (LDR) 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. 7937-08. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8029-09 on second reading, annexing certain real property whose post office address is 1820 Beverly Circle North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8029-09 ORDINANCE NO. 8029-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BEVERLY CIRCLE NORTH, APPROXIMATELY 375 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 13, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1820 BEVERLY CIRCLE NORTH, 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 COUNCIL 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 13, Block C, Meadow Creek, according to the Plat thereof, recorded in Plat Book 36, Page 26, Public Records of Pinellas County, FL (ANX2008-11018) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8030-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8030-09 ORDINANCE NO. 8030-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BEVERLY CIRCLE NORTH, APPROXIMATELY 375 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 13, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1820 BEVERLY CIRCLE NORTH, 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 COUNCIL 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 Lot 13, Block C, Meadow Creek, according to the Residential Low (RL) Plat thereof, recorded in Plat Book 36, Page 26, Public Records of Pinellas County, FL (ANX2008-11018) Section 2. The City Council 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. 8029-09. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8031-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8031-09 ORDINANCE NO. 8031-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BEVERLY CIRCLE NORTH, APPROXIMATELY 375 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 13, BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1820 BEVERLY CIRCLE NORTH UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL 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 13, Block C, Meadow Creek, according to the Low Density Residential Plat thereof, recorded in Plat Book 36, Page 26, (LDR) Public Records of Pinellas County, FL (ANX2008-11018) 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 8029-09. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8032-09 on second reading, annexing certain real property whose post office address is 1860 Carlton Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No.8032-09 ORDINANCE NO. 8032-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF CARLTON DRIVE, APPROXIMATELY 85 FEET SOUTH OF SOUTH DRIVE, CONSISTING OF LOT 2, BLOCK A, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1860 CARLTON 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 COUNCIL 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 2, Block A, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008-12019) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8033-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8033-09 ORDINANCE NO. 8033-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF CARLTON DRIVE, APPROXIMATELY 85 FEET SOUTH OF SOUTH DRIVE, CONSISTING OF LOT 2, BLOCK A, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1860 CARLTON 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 COUNCIL 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 Lot 2, Block A, Carlton Terrace, according to the map Residential Low (RL) or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008-12019) Section 2. The City Council 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. 8032-09. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8034-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8034-09 ORDINANCE NO. 8034-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF CARLTON DRIVE, APPROXIMATELY 85 FEET SOUTH OF SOUTH DRIVE, CONSISTING OF LOT 2, BLOCK A, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1860 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL 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 2, Block A, Carlton Terrace, according to the Low Medium Density map or plat thereof as recorded in Plat Book 41, Residential (LMDR) Page 16, Public Records of Pinellas County, Florida (ANX2008-12019) 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. 8032-09. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8035-09 on second reading, annexing certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8035-09 ORDINANCE NO. 8035-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROAD 580, APPROXIMATELY 500 FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING OF LOT 1, KERWIN SUBDIVISION AND LOT 2, STATE ROAD NO. 580 PROFESSIONAL OFFICE CENTRE, WHOSE POST OFFICE ADDRESS IS 2655 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, AND 2665 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT- OF-WAY OF STATE ROAD 580, 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ATA2008-10001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8036-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Residential/Office Limited (R/OL). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8036-09 ORDINANCE NO. 8036-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROAD 580, APPROXIMATELY 500 FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING OF LOT 1, KERWIN SUBDIVISION AND LOT 2, STATE ROAD NO. 580 PROFESSIONAL OFFICE CENTRE, WHOSE POST OFFICE ADDRESS IS 2655 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, AND 2665 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE LIMITED (R/OL); 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 COUNCIL 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 See attached legal description Residential/Office Limited (R/OL) (ATA2008-10001) Section 2. The City Council 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. 8035-09. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8037-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Office (O). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8037-09 ORDINANCE NO. 8037-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROAD 580, APPROXIMATELY 500 FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING OF LOT 1, KERWIN SUBDIVISION AND LOT 2, STATE ROAD NO. 580 PROFESSIONAL OFFICE CENTRE, WHOSE POST OFFICE ADDRESS IS 2655 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, AND 2665 STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT- OF-WAY OF STATE ROAD 580, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (O); 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 COUNCIL 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 See attached legal description Office (O) (ATA2008-10001) 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. 8035-09. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8040-09 on second reading, amending Ordinance 7372-05 as amended by Ordinance 7947-08, which vacated a portion of the Easterly one-half of the 70-foot right of way of Gulfview Boulevard (a.k.a. South Gulf View Boulevard per field); subject to special conditions, extending the required date for commencement of vertical construction. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8040-09 ORDINANCE NO. 8040-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7372-05, AS AMENDED BY ORDINANCE NO. 7947-08, WHICH VACATED A PORTION OF THE EASTERLY ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD, (A.K.A. SOUTH GULFVIEW BOULEVARD PER FIELD), SUBJECT TO SPECIAL CONDITIONS; EXTENDING THE REQUIRED DATE FOR COMMENCEMENT OF VERTICAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7372-05 was amended by Ordinance No. 7947-08 to extend the date for vertical construction to March 3, 2010; and WHEREAS, because of changes to the design of the project, the property being vacated is amended to add a small additional portion of right-of-way; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the “Developer,” the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation to match the development schedule provided in the First Amended and Restated Development Agreement dated December 30, 2008; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The parcels of land more fully described in Exhibit A attached hereto A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of Lloyd-White-Skinner Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of the Public Records of Pinellas County, Florida, all lying in the east ½ of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit “A” attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying in the east ½ of Attachment number 1 Page 1 of 2 Ordinance No. 8040-09 2 Section 7, Township 29 South, Range 15 East, and the west ½ of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit “B” attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, adopted by Resolution 04-39 as amended by the First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, dated December 30, 2008 and adopted by Resolution 08-14 (“Development Agreement”) shall commence vertical construction no later than February 11, 2012. 2) All public and private utilities shall be relocated by K & P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project. 3) The public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity. 4) Payment of the Developer’s pro rata share of the Beach Walk Construction as identified in the Development Agreement. 5) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ _______________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance 8041-09 on second reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06 and Ordinance 7498-08, which vacated a portion of the 60-foot right-of-way of First Avenue (a.k.a First Street per field); subject to special conditions, extending the required date for commencement of vertical construction. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8041-09 ORDINANCE NO. 8041-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS AMENDED BY ORDINANCE NO. 7598-06 AND ORDINANCE NO. 7948-08, WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7371-05 was amended by Ordinance No. 7598-06 to extend the date for commencement of vertical construction to March 3, 2008, and subsequently amended by Ordinance No. 7948-08 to extend the date for vertical construction to March 3, 2010; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the “Developer,” the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation to match the development schedule provided in the First Amended and Restated Development Agreement dated December 30, 2008; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read as follows: The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida), more particularly described as: From the southwest corner of Lot 55, Lloyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05°32’30”E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd-White-Skinner Subdivision, thence N05°32’30”E 60.00 feet to the southwest corner of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27’30”E along the northerly right of way line of First Avenue, Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05°32’30”W along a line 18 feet west of and parallel with the westerly right of way line of Coronado Avenue as shown on the Attachment number 1 Page 1 of 2 Ordinance No. 8041-09 2 plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84°27’30”W along said southerly right of way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC adopted by Resolution 04-39 and as thereafter amended by Resolution 08-14, (the “Development Agreement”) shall commence vertical construction by no later than February 11, 2012 March 3, 2010. 2) All public and private utilities shall be relocated the Developer at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, 3) This vacation shall become effective only after the Developer grants the 60-foot right of way for Relocated First Street to the City as provided in the Development Agreement. 4) Payment by the Developer of the cost of construction of the relocated First Street or the posting of security sufficient to guarantee construction of the relocated First Street as provided in the Development Agreement. 5) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ _______________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Request authority to institute a civil action against Clark Hunt Construction, Inc. to recover $871.54, for damage to City property. (consent) SUMMARY: On February 1, 2007, Clark Hunt Construction, Inc., was performing work in the vicinity of 505 S. Belcher Road in Clearwater, Florida, and struck a gas line owned by the City of Clearwater resulting in damages to City property in the amount of $871.54. Attempts to collect the amount of damages from Clark Hunt Construction, Inc., have been unsuccessful. The Legal Department requests authority to bring a legal action against Clark Hunt Construction, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: none Current Year Cost:$205.00 Annual Operating Cost: Not to Exceed:Total Cost:$205.00 For Fiscal Year:10/01/08 to 09/30/09 Appropriation Code Amount Appropriation Comment 590-07000-545900-519000 $205.00 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Update on Britts and iStar properties re: beach parking garage site SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval:1) Clerk Cover Memo 1 M E M O R A N D U M TO: Geri Campos Lopez Director, Economic Development and Housing FROM: Jim Donnelly Assistant Director, Economic Development and Housing DATE: 02/26/09 RE: Neighborhood Stabilization Program (NSP) Through DCA Per your request, I have summarized the substantial differences between those communities receiving NSP funding directly from HUD and those receiving NSP funding through the State of Florida’s Department of Community Affairs (DCA). History: The City of Clearwater did not meet the minimum threshold of severity as it relates to foreclosures by use of a formula developed by Congress and the Department of Housing and Urban Development (HUD). As a result, the City of Clearwater was placed in the State of Florida’s funding pool (DCA). The State would receive their allocation directly from HUD and Clearwater would make application under the DCA allocation process. Under the Substantial Amendment filed by DCA, the City of Clearwater could receive $2,034,862 from the Regular NSP Allocation and $810,889 from the Low Income Supplemental Allocation. The low-income allocation would specifically target those individuals or families at or below 50% of the AMI. Eligible Uses: NSP funds can only be used for the following activities: Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon. Establish financing mechanisms for purchase and redevelopment of foreclosed homes and residential properties. Establish land banks for foreclosed homes. Demolish blighted structures. Redevelop demolished or vacant properties. Attachment number 1 Page 1 of 3 2 On February 19th, DCA held an orientation workshop in Orlando for all 26 communities eligible for funding under the NSP through DCA. This was the first update participants received since DCA submitted their Substantial Amendment to HUD in December of 2008. It was quite apparent that DCA has added several additional policies, procedures and timelines outside the standard guidelines being applied to those communities receiving NSP funding directly from HUD. The additional challenges placed into the program by DCA could seriously jeopardize Clearwater’s chances of success if we should decide to participate in the State’s program. I have listed below a few of the additional requirements implemented by DCA that are not required for those communities receiving their NSP funding directly from HUD. Program Income – Under the HUD-NSP direct program, all program income remains with the CDBG program participant. This would allow participants to recycle funds for future use within their own program. Under the DCA plan, all program income is returned to DCA. This would include all payments, rents, interest income and recaptured funds. The City of Clearwater would be acting as an agent on behalf of the State. Administration Costs – Under the HUD-NSP direct program, participants are allowed up to 10% of their allocation to cover administrative costs associated with program implementation. This is standard for all CDBG entitlement cities. The DCA plan reduces the administrative cap to 6.8% of your allocation. This could create a payroll budget deficit due to the escalated timetable established by DCA and the amount of time/additional resources needed to comply with the additional requirements that have been added. HUD/NSP - Direct recipients DCA/NSP - Recipients 18 Months to obligate funds - 10 months to obligate funds Immediate Funding - 60-90 day reimbursement Standard CDBG Guidelines - DCA monitoring, site visits IDIS Reporting System - DRGR Reporting System (current system) (new accounting system) Additional DCA/NSP Only Requirements: Citizens Advisory Task Force must be created to guarantee public participation. Additional Housing Assistance Plan (HAP) must be created specifically for NSP projects. Attachment number 1 Page 2 of 3 3 It was indicated at the orientation workshop that a minimum borrower credit score of 660 would be required for all potential homeownership loans utilizing DCA/NSP financing. Each blighted structure would require a City Council Resolution indicating it’s condition to qualify for DCA/NSP funding. Our existing non-profit partner’s rehabilitation staff (subrecipients) must be approved by DCA. Housing Partners Capacity: I have spoken to our housing and rehab partners at Tampa Bay CDC, Clearwater Neighborhood Housing Services, Homes for Independence and the Community Service Foundation. Most have vacant rental or empty homeownership properties that they need to rent out or sell before they could take on additional obligations with NSP. Catholic Charities has expressed an interest in utilizing NSP funds for purchase and rehabilitation of a 56 unit transitional homeless property. The property is currently in foreclosure. Not sure at this point if this use would qualify under the NSP program due to the required end user definition. The City of St. Petersburg, Pinellas County, Pasco County, Hillsborough County and the City of Tampa have all received NSP funding directly from HUD. Our housing partners have indicated that it would make better economic sense for them to pursue activities with these adjoining communities. They could operate under standard CDBG guidelines without the additional steps, program monitoring and income restrictions put in place by DCA. Timeline: The 25-page application for participation in the DCA/NSP funding cycle is due by April 6, 2009. Two copies of the application and supporting documentation would need to be signed by the Mayor and returned to DCA. An additional copy would need to be sent to the Department of Environmental Protection, the Regional Planning Council and the State Historic Preservation Society. City of Clearwater CDBG, HOME and SHIP Obligations: Please keep in mind that the City has existing funding obligations that need to be met by June and September of 2009. The NSP commitment would require adjustment of our current funding schedule and severely alter staff time commitments with our primary funding sources. Funds not obligated under our standard operating programs will most likely affect our budget and jeopardize our continued participation in CDBG, HOME and the SHIP programs. Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Library Rentals - Councilmemeber Cretekos (WSO) SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Support Ban on Cell Phone Use in Cars - Councilmember Cretekos (WSO) SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: March is Florida Bicycle Month Proclamation SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Celebrate Clearwater Neighborhoods Week and Day 2009 Proclamation SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Home of the Quarter, Neighborhood of the Quarter and Business Beautification Award SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/2/2009 SUBJECT / RECOMMENDATION: Step Up Challenge - Sybil John, Pinellas County Health Department SUMMARY: Review Approval:1) Clerk Cover Memo