03/05/2009City Council Agenda
Location: Council Chambers - City Hall
Date: 3/5/2009- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 March is Florida Bicycle Month Proclamation
LB Attachments
4.2 Celebrate Clearwater Neighborhoods Week and Day 2009 Proclamation
1B Attachments
4.3 Home of the Quarter, Neighborhood of the Quarter and Business Beautification Award
LB Attachments
4.4 Step Up Challenge - Sybil John, Pinellas County Health Department
LB Attachments
5. Approval of Minutes
5.1 Approve the minutes of the February 19, 2009 City Council meeting as submitted in written summation
by the City Clerk
1B Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 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).
10 Attachments
8. Second Readings - Public Hearing
8.1 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.
IB Attachments
8.2 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).
IB Attachments
8.3 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).
IB Attnchmentc
8.4 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.
10 Attachments
8.5 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).
IB Attachments
8.6 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).
IB Attachments
8.7 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.
IB Attachments
8.8 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).
ID Attachments
8.9 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).
IB Attachments
8.10 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.
LB Attachments
8.11 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).
1B Attachments
8.12 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).
1B Attachments
8.13 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.
1B Attachments
8.14 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.
1B Attachments
City Manager Reports
9. Consent Agenda
9.1 Approve the East Gateway District Fagade and Building Lot Improvement Program and Loan-to-Grant
Agreement and authorize staff to implement the program. (consent)
10 Attachments
9.2 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)
1B Attachments
9.3 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)
1B Attachments
9.4 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)
1B Attachments
9.5 Reappoint John Timberlake and Howard Warshauer to the Public Art and Design Advisory Board with
the term expiring March 31, 2013. (consent)
IB Attachments
9.6 Request authority to institute a civil action against Clark Hunt Construction, Inc. to recover $871.54, for
damage to City property. (consent)
LB Attachments
10. Other Items on City Manager Reports
10.1 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.
LB Attachments
10.2 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.
1B Attachments
10.3 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.
10 Attachments
10.4 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.
10 Attachments
10.5 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.
1B Attachments
10.6 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.
ID Attachments
10.7 Appoint two members to the Airpark Advisory Board with the term to expire March 31, 2013.
1B Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
1B Attachments
12. Other Council Action
12.1 Other Council Action
LB Attachments
13. Adjourn
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
March is Florida Bicycle Month Proclamation
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 1
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Celebrate Clearwater Neighborhoods Week and Day 2009 Proclamation
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 2
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Home of the Quarter, Neighborhood of the Quarter and Business Beautification Award
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 3
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Step Up Challenge - Sybil John, Pinellas County Health Department
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 4
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
SUBJECT / RECOMMENDATION:
Approve the minutes of the February 19, 2009 City Council meeting as submitted in written summation by the City Clerk
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 13
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 19, 2009
Unapproved
Present: Frank Hibbard Mayor
George N. Cretekos Vice-Mayor
Carlen Petersen Councilmember
John Doran Councilmember
Paul Gibson Councilmember
William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City II
Assistant City N
City Attorney
City Clerk
Management A
The Mayor called the meeting to order at 6:00 p.m
offered by Pastor Walter Campbell of Bayview Baptist
Allegiance.
To provide continuity for research, i
necessarily discussed in that order. _
4 -Approval of Minutes
)prove the
February 5, 2009, City
qlre
i written sum y the City Clerk to each
ded and carried unanimously.
arding the demolition of homes in the North
Jerson expressed concerns South Gulfview roadway project
n peak and negatively impact business community.
PKstions, Engineering Director Mike Quillen said traffic will be
entire process and should take approximately six months.
Staff directed to move project time frame to August 2009.
Public Hearings - Not before 6:00 p.m.
Council 2009-02-19
Item # 5
Attachment number 1
Page 2 of 13
6 - Administrative Public Hearings
6.1. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL and
Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1820 Beverly Circle
N. (Lot 13, Block "C", Meadow Creek in Section 24, Township 29 South, Range 15 East); and
Pass Ordinances 8029-09, 8030-09 and 8031-09 on first reading. (ANX2008-11018)
This voluntary annexation petition involves a 0.253-acre property
parcel of land occupied by a single-family dwelling. It is located on 4th
Circle, approximately 375 feet east of Keene Road. The applicant in order to receive sanitary sewer and solid waste service from the
within an enclave and is contiguous to existing City boundaries to t
proposed that the property be assigned a Future Land Use Plan de
(RL) and a zoning category of Low Density Residential (LDR).
The Planning Department determined that the proposed anrtl
the provisions of Community Development Code Section 4-604.E as
currently receives water service from Pinellas County; 2) T es"
located in the adjacent Beverly Circle right-of-way an
impact and assessment fees and is aware of the a
this property; 3) Collection of solid waste will be d by the
property is located within Police District III and e will be ad
headquarters located at 2851 N. McMullen-Bo ad; 5) Fir
services will be provided to this pro Sta 7 loca 4E
City has adequate capacity to serv pe ith s ewes
and EMS service; 7) The pro exation will not n adve
and their levels of service; a proposed anne is consir
Mater %Dev he Clea omprehensive bjectiv
urban s rea shall be pr
ode.
T he proposed
Countywide Plan design
uses at a density of 5 uni
k roperty is the Low Densit
nsistent with the uses al
ugh the Flexible Stand
e Countywide Plan,
erty proposed for
w efore the anri
aearwater,
through t ict
ncy medic
w Road; he
e, police, fire
ublic facilities
ith nd promotes the
ompact urban
plication of the
Lan an category is consistent with the current
this pro This designation primarily permits residential
cre. The ed zoning district to be assigned to the
ential (LD rict. The use of the subject property is
n the Distri and the meets the District's minimum dimensions
uirements. The proposed annexation is therefore consistent
Comprehensive Plan and Community Development Code and
ation is contiguous to existing City boundaries to the east and
s consistent with Florida Statutes Chapter 171.044.
rmotiion Oran moved to approve the Annexation, Initial Land Use Plan
Design Low (RL) and Initial Zoning Atlas Designation of Low Density
Residents for 1820 Beverly Circle N. (Lot 13, Block "C", Meadow Creek in Sec.
24-29-15). s duly seconded and carried unanimously.
Ordinance 8029-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8029-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2009-02-19
2
Item # 5
Attachment number 1
Page 3 of 13
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8030-09 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8030-09 on first reading. The
duly seconded and upon roll call, the vote was: A
Doran, Gibson, and
Ordinance 8031-09 was presented for first reading and read I
Councilmember Petersen moved to pass Ordinance 8031-09 on first
duly seconded and upon roll call, the vote was: /
luntary annex
hL by a s
feet s
Whin an enclave a
the property be assign
zoning category of Low
otion was
res a 0 cre prope nsfing of one
ing. It ted on t st side of Carlton
ve. Th esting this annexation
ate servi y. The property is located
City bounda the west. It is proposed that
an designation of Residential Low (RL) and a
;ntial (LMDR).
The Planning Depa determin the proposed annexation is consistent with
e provisions of Communit elopment C We Section 4-604.E as follows: 1) The property
ently receives water se om Pinellas County; 2) The closest sanitary sewer line is
din the adjacent Car ive right-of-way and the applicant has paid the City's sewer
nd assessment f is aware of the additional costs to extend City sewer service to
th rty; 3) Collec ' olid waste will be provided by the City of Clearwater; 4) The
pro ocated ice District III and service will be administered through the district
head 110 851 North McMullen-Booth Road; 5) Fire and emergency medical
service ed to this property by Station 48 located at 1700 N. Belcher Road; 6) The
City has capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS s ce; 7) The proposed annexation will not have an adverse effect on public facilities
and their levels of service; and 8) The proposed annexation is consistent with and promotes the
following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban
development within the urban service area shall be promoted through application of the
Clearwater Development Code.
Council 2009-02-19 3
Item # 5
Attachment number 1
Page 4 of 13
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits residential
uses at a density of 5 units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The use of the subject
property is consistent with the uses allowed in the District and the property exceeds the
District's minimum dimensional requirements. The proposed annexation is theref e consis
with the Countywide Plan, City's Comprehensive Plan and Community De elop Code ;
the property proposed for annexation is contiguous to existing City bo s t est;
therefore the annexation is consistent with Florida Statutes Chapter
Councilmember Doran moved to approve the Annexation, I
Designation of Residential Low (RL) and Initial Zoning Atlas Design
Density Residential (LMDR) District for 1860 Carlton Drive (Lot 2, BI
Sec. 5-19-16). The motion was duly seconded and carried unanimo
Ordinance 8032-09 was presented for first reading and read
Councilmember Cretekos moved to pass Ordinance 8032- irs
duly seconded and upon roll call, the vote was:
Ordinance 8033-09 was
Councilmember Gibson move
duly seconded and upon rol
(ATA2008-10001)
The City is bringing this property into its jurisdiction in compliance with the Agreement to
Annex (ATA), signed by Timothy J. Kerwin on April 13, 2001. This voluntary annexation petition
involves a 1.28-acre property consisting of two parcels of land. It is located on the south side of
Council 2009-02-19
rst reading and read by title only.
4ice 8034-09 on first reading. The motion was
4
Item # 5
Attachment number 1
Page 5 of 13
SR 580, approximately 500 feet west of Countryside Boulevard. The first parcel was subdivided
into condominiums after the ATA was signed, and is occupied by a medical complex consisting
of three individual offices and a common area. The second parcel contains a single medical
office. The annexation of the property will eliminate an enclave. As such, this property is
contiguous to existing City boundaries to the north, south, east and west. The Planning
Department is requesting that the 0.20-acre of abutting SR 580 right-of-way not currently within
the City limits also be annexed. It is proposed that the property be assigned a Fu re Land Use
Plan designation of Residential/Office Limited(R/OL) and a zoning category of O (O).
The Planning Department determined that the proposed an
the provisions of Community Development Code Section 4-604.E
currently receiving water, sewer and solid waste services from the
located within Police District III and service is administered through
located at 2851 N. McMullen-Booth Road; 3) Fire and emergency m
to this property by Station 50 located at 2681 Countryside Blvd; 4) T
capacity to serve this property with sanitary sewer, solid waste, polio
The proposed annexation will not have an adverse effect on public f
service; and 6) The proposed annexation is consistent wit ror
of the Clearwater Comprehensive Plan: Objective 2.4-
urban service area shall be promoted through appl'
The proposed R/OL Future Land Use P
Countywide Plan designation of this property.
residential and office uses at a dens' .5 ui
ratio (FAR) does not exceed .40 a per,
The proposed zoning district t e ned to the pro
the subject roperty is consi the uses allowe
the m dimens uirements. Th
nd the p-M
Kith, south, east
171.044.
Two individuals
roperty.
tywide
Planning Director f
s County regarding
'ty's Comprehe
xation is conti
nnexation is
exceed .75.
. The use of
a parcel exceeds
Pmmo n i s th
erefore
unity Development
t
g City boundaries to the
Florida Statutes Chapter
owner maintaining fencing and
uncilmembe moved to approve the Annexation, Initial Land Use Plan
De of Res' ffice Limited (R/OL) and Initial Zoning Atlas Designation of Office
(O) D r 0 (Lot 2 of State Road 580 Professional Office Centre in Sec. 29-28-
16) an (Lot 1, Kerwin Subdivision, in Sec. 29-28-16). The motion was duly
seconde ied unanimously.
Ordinance 8035-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8035-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2009-02-19
5
Item # 5
E Delk said the City would enforce city codes and contact
ons on the approved site plan.
Attachment number 1
Page 6 of 13
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8036-09 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8036-09 on first reading. The motion was
duly seconded and upon roll call, the vote was: Ak
Cretekos, Petersen, Doran, Gibson, and Hib
Ordinance 8037-09 was presented for first reading and read)
Councilmember Petersen moved to pass Ordinance 8037-09 on first
duly seconded and upon roll call, the vote was:
Cretekos, Petersen, Doran, Gibson, and Hib
City Manager Reports
7 - Consent Agenda - Approved as su
Council 2009-02-19
6
Item # 5
7.6. Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City
in several inverse condemnation litigation cases arising from the construction related to the
"Beachwalk Protect", in the amount of $100,000. (consent)
Attachment number 1
Page 7 of 13
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
8 - Other Items on City Manager Reports
8.1. ADDrove establishina a new Capital Improvement Proiect (315-9
Well Center" for $1,029,720 and approve a Florida Department of El(
Center Fixed Capital Outlay Grant agreement to renovate, equip and
Center located at the Lon Center, in the amount of $727,500, betty
Department of Elder Affairs and the Citv of Clearwater and authori
execute same.
The purpose of this agreement is to set forth the conditions th
City prior to disbursement of DOEA funds as well as any restrictions
the project site prior to reimbursement for project costs. The project
furnish space at the Long Center to create the Aging Well Center. Tr
approximately 7,700 square-feet, was previously leased b C
for Retarded Citizens) as a cafeteria, classrooms and
UPARC reached an agreement, decreasing the ar
that the Aging Well Center could be developed.
The Aging Well Center will ex
growing older adult community. Pro
education, recreation, socializatio
all of the existing amenities a?
ra
new $
727,50
$59,7
We
be impose
e, equip, an
a ch consists
;r Association
st 2 City and
lsed b C so
ater's lar
d wellnes ,
ect maximizes
owing: 1) Department
ents - $242,500; and
iv
s
t
ties, which may include the Office on Aging Manager assuming
ddition, commending that for this agreement that Kerry Marsalek, Office on
Agin er ted as "key contact" and the City Manager or his designee to be
appoin all documents relating to this project.
It is anticipate Aging Ne s annual operating costs will be $102,000,
which includes 1.5 full ti
developed to address the
contributing towards an en
undation endowment. If
'or center renovations, t
sources from existin
nal responsibilitie Center
CodWmember.
Cretekos moved to approve establishing a new Capital Improvement
Project (315-93615) entitled the "Aging Well Center" for $1,029,720 and approve a Florida
Department of Elder Affairs (DOEA) Senior Center Fixed Capital Outlay Grant agreement to
renovate, equip and furnish the Aging Well Center located at the Long Center, in the amount of
$727,500, between the State of Florida Department of Elder Affairs and the City of Clearwater
Council 2009-02-19
alent ( nnel costs. An endowment fund is being
. Senservices, Inc., has expressed interest in
nt. Tent will be similar to the existing Long Center
dowmully realized prior to the completion of the
e Parks and Recreation department will reallocate personnel
.
7
Item # 5
Attachment number 1
Page 8 of 13
and authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
8.2. Authorize a five-year license agreement between the City of Clearwater and commercial
charter boat operators at the Clearwater Municipal Marina and adopt Resolution 09-02.
Council approved the Marina five-year business plan for FY2008 through
November 15, 2007 Council meeting. Included in that plan was maintainin con,
slips by amending the commercial dock permit to provide a value bac CA,
transfer fee in all instances of transfer of ownership for commercial A
was amending or changing the commercial dock permit to a licens or use
The term was to be for five years with the option to renew at the e e agreE
This would help commercial operators obtain bank loans, which the h
obtaining with a month-by-month dock permit.
Adopting Resolution 09-02 will authorize a five-year license
renew for another five years at the discretion of the Marine & Aviati
Councilmember Gibson moved to authorize a
City of Clearwater and commercial charter boat op
The motion was duly seconded and carried una
Resolution 09-02 was presented
to adopt Resolution 09-02 and authg?
was duly seconded and upon roll A
J ity Council appr a Marina five-year business plan for FY (Fiscal Year) 2008-12
vember 15, 2 ncil meeting. The business plan set forth goals, objectives and
be im in FY 2008. To reach these goals, staff received approval for: 1)
c submitted, to reach average market rate for private residential, non-
rcial rates (Implemented); 2) An amendment to Sec. 33.028 of Code of
Ordinanc de market surveys of all local area marinas, not just municipal marinas when
comparing s (Done); 3) Charge commercial slips for location in the marina (Scheduled for
RFP [Request for Proposals] Summer 2009); 4) Increase marketing and advertisement toward
transient recreational boaters (Done); 5) Maintain control over City slips by amending the dock
permit to provide a value back to the City (Done); and 6) Decrease the amount of discount on
fuel sales. (Done)
Council 2009-02-19 8
Item # 5
Attachment number 1
Page 9 of 13
Due to the economic conditions, the rate increases for recreational boat slips resulted in
dozens of slips being turned back to the City. The average market rates have decreased.
Marina rates are above market average for both residents and non-residents. Local market
average "per foot" rates for recreational slips are $8.51 for residents (City is at $9.13) and
$10.33 for non-residents (City is at $13.14). Staff proposes to use the current local market
average as the new base rates with no increase in 2010, and a 5% increase in 2A1, and 5% in
2012 _
Staff proposes to rollback our commercial rates 10% to wha
current economic conditions and increased Federal fishing restricti
fishing fleet have dramatically reduced commercial trips due to fe
there are fewer options on what fish may be caught and retained.
proposes to set the rates at $9.00 per foot for residents and $10.50 fc
proposes to increase rates for the Downtown Slips at 3% per year as
annual CPI increase.
Staff recommends that the City move forward with
submitted their deposits prior to the established deadl'
interest at the new rates and will either hold a Sec
serve.
In response to questions, Fin
procedures and said a 90% occupar
transient slips generating $200,00
them to market rate. The Bea:J
viation Dl
!'needed X11
ion. Operatin
0krina op
Seven individualll
regarding the PILOT's im
Discussion ensued
ild help the Marina
d.
propose
ite $538, , with
trying to get
)c cy would balance out
raria to ac commodate
ble rates due to
pancy rates are not met.
rate reductions were not equitable and
stated thaMiminating the PILOT (Payment in Lieu of Taxes)
tct the General Fund. Various funding scenarios were
uncilmembe moved to approve slip rental rate adjustments to the FY08/FY12
Ma -year b an to reduce Recreational Slip per foot rates from $9.13 for
resid 8. m $13.14 for non-residents to $10.33 and reducing commercial rates
by 1000 ease to all rates in FY2011 and FY2012; reducing the Downtown boat slip
per foot r s to $9.00 for residents and $10.50 for non-residents with an increase of 3%
per year; a ransfer $ 8.25 million from the central insurance fund reserves to the Downtown
Boat Slip project number 93405. The motion was duly seconded and carried unanimously.
The Council recessed from 8:35 p.m. to 8:42 p.m.
Council 2009-02-19
II Morris said tr
downtown m
conducting situ
back as need
9
Item # 5
Attachment number 1
Page 10 of 13
8.4. No Item
8.5. Appoint one member to the Community Development Board with the term expiring February
28, 2013.
Councilmember Petersen moved to appoint Brian A. Barker. The motion was duly
seconded and carried unanimously. Ak
8.6. Adopt Resolution 09-07, su
Campaign.
the Florida Leaque of Cities'
The Florida League of Cities has launched the "Building Cit
Back to Basics" campaign in an effort to increase civic awareness a
campaign includes several educational programs geared to students
asking each municipality to support the initiative by adopting a resole
activities in local schools and civic groups. /
Councilmember Doran moved to support the Fl
Awareness Campaign. The motion was duly seconded
Resolution 09-07 was presented and rea
to adopt Resolution 09-07 and authorize the apj
was duly seconded and upon roll call, the vote
"Ayes": Cretekos, P?Dorffll!,Gibs
"Nays": Non
ague 1
raging
of Citiesl
ananimou
only. tuber Cr
officials e same.
ion
ib
The Council dIthed Cou s be changed to return work sessions to a 9:00
a.m. start time effecti2009. art time can be changed due to conflicts with
other meetings Counttend, the TBRPC (Tampa Bay Regional Planning
Council) that meets oMonday h month. It should be notedthat on October
there is a conflict PC in the ruing and PMI (Pinellas Mobility Initiative) in the
moon, so, this woill be held on Tuesday, October 13. A revised schedule of
essions will be Waffoted, du Holiday, the second meeting in October is scheduled for
We Octob as questioned if a work session on Tuesday, the 13t" was desired.
Staff c the Council meeting on October 14 and there be no work session.
Cber Petersen moved to amend Council rules to change Work Session start
time to 9AWK. The motion was duly seconded and carried unanimously.
Resolution 09-02 was presented and read by title only. Councilmember Doran moved to
adopt Resolution 09-02 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
Council 2009-02-19
10
Item # 5
Attachment number 1
Page 11 of 13
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
9 - City Attorney Reports
9.1. Pass Ordinance 8040-09 on first reading, amending Ordinance whi
Ordinance 7372-05. which vacated a oortion of the easterly one ha e 70-foot av
and amending the description of the property to be vacated.
In Ordinance 7372-05, the City of Clearwater vacated the ri
A attached to the ordinance, subject to certain conditions, which cc
K and P Clearwater Estate, LLC, the "Developer," is reque
conditions of the vacation to extend the date by which
vertical construction from March 3, 2010 to Februa
of the First Amended and Restated Developmen ment da
Councilmember Cretekos moved
Ordinance 7372-05, which vacated
of Gulfview Boulevard (aka South
extending the required date fo
and amendin the descriptio rol
Co etekos, D tei
voted " c
and Hibbard.
Motion carried.
In OWance 7371-05, the City of Clearwater vacated the right-of-way depicted in Exhibit
A attached to the ordinance, subject to certain conditions. Ordinance 7371-05 was amended by
Ordinance 7598-06 to extend the date for commencement of vertical construction to March 3,
2008. Ordinance 7598-06 was amended by Ordinance 7948-08 to extend the date for
commencement of vertical construction to March 3, 2008.
Council 2009-02-19
;d in Ex
been met.
nd the
mence
'rements
;n amenae
-foot right- -wa
al conditions,
11, 2012
s ly seconded.
" and
first reading -a'T14MWa-d by title only.
inance 8040-09 on first reading. The motion was
the Cou
is require
orm with t
ember 30,
11
Item # 5
Attachment number 1
Page 12 of 13
The City and Developer entered into a First Amended and Restated Development
Agreement dated December 30, 2008. The Agreement provides that vertical construction will
commence no later than February 11, 2012. Developer requests that the vacation ordinance be
amended to be consistent with the Development Agreement.
Councilmember Doran moved to amend Ordinance 7948-08, which amen
7371-05 as amended by Ordinance 7598-06, which vacated a portion of th 60-fJ
of First Avenue (aka First Street per field), subject to special condition e4
conditions by extending the required date for commencement of ver ' truc
February 11, 2012. The motion was duly seconded. Councilmemb etekos,
Petersen and Mayor Hibbard voted "Aye," and Councilmember Gi ted "Na
carried.
Ordinance 8041-09 was presented for first reading and read/
Councilmember Cretekos moved to pass Ordinance 8041-09 on first
duly seconded and upon roll call, the vote was: -.9domabb?
"Ayes": Cretekos, Petersen, Doran
"Nays": Gibson.
10 - City Manager Verbal Reports
11 -Council Discussion Ite
11. ance -
Counci k
ncerns regarding
11.2. Fre uenc of Advi
It was stated that C
visory board meetings fr
Consensus was to i
1 r Council A
it e
upcomi weld
on sE
-icy a
ber Gibson
as County me
risdictions if a
Ordinance
ght-of-way
PKInance and expressed
e ordinance is not adopted.
has recei sous a-mails regarding changing certain
mthly to qua erly. Discussion ensued.
in meeting frequency at quarterly.
orted on events in which they recently participated, reviewed
med the Philadelphia Phillies to Spring Training.
HibW offered condolences to Maurice Mickens for the loss of his wife.
13 -Adjourn
The meeting adjourned at 9:04 p.m.
Council 2009-02-19
12
Item # 5
Attachment number 1
Page 13 of 13
Mayor
City of Clearwater
Attest:
Council 2009-02-19
13
Item # 5
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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).
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 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 6
Attachment number 1
EAST GATEWAY DISTRICT
NEIGHBORHOOD REVITALIZATION STRATEGY
DRAFT
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
CITY OF CLEARWATER
112 South Osceola Avenue
P.O. Box 4748
Clearwater, Florida 33758-4748
January 20, 2009
Item # 6
Attachment number 1
Page 2 of 32
Item # 6
Attachment number 1
Page 3 of 32
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
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iteft# 6
Attachment number 1
Page 4 of 32
[This page intentionally left blank.]
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) IternX6
Attachment number 1
Page 5 of 32
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) ltem # 6
Attachment number 1
Page 6 of 32
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Item # b
Attachment number 1
Page 7 of 32
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.
Clearwater
Pinellas
County
East Gateway District NRSA Boundary: The Figure 1: East Gateway District
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.
Over 70 percent of East Gateway
households earned less than 80%
of the area median income.
(Source: 2000 US Census)
Legend:
Ik.. W
¦ ; Census Block Group Boundary
.0 0 oil
East Gateway District NRSA Boundary
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) ltem # :6
Figure 2: East Gateway District NSRA Census Divisions
Attachment number 1
Page 8 of 32
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.
Figure 3: Generalized Existing Land Use, East Gateway District NSRA
l1¦¦
I _ amp
A?I?1?R
?M=.MA
1=01
¦
¦
¦
M Residential M Civic 1 Institutional D Transportation I Utility 16' : East Gateway District
M Cornniercial M Park 1 Open Space D Vacant ® Waterrbody
Table l: 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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) ltem #,6
Attachment number 1
Page 9 of 32
Figure 4: Detailed Existing Land Use, East Gateway District NSRA
m
C
M
J
r
c
m
IN 11 W
CLEn
Y_
S? I rrk,
Vacant Residential
- Single Family Structure
- Structure w/ 2-9 Units
- Structure w/ 10-49 Units
= Structure w/ 50 or More Units
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) ltem # -6
Attachment number 1
Page 10 of 32
Figure 4: Detailed Existing Land Use, East Gateway District NSRA (Continued)
m
c
J
d
V
Cn
C
d
0
C
i
a
- Open Space
- Park
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) ltem # rD
Attachment number 1
Page 11 of 32
Figure 5: Sub-Areas, East Gateway District NSRA
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Items # 16
mu-.1 East Gateway District M Residential M Civic 1 Institutional D Transportation 1 Utility ® Waterbody
SUb Areas M Commercial M Park ! Open Space 0 Vacant
Attachment number 1
Page 12 of 32
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 l: 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 decor 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,
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Item # 6
Attachment number 1
Page 13 of 32
zoning designations in East Gateway outside the Downtown District are characteristic of existing
development patterns.
® ®,
Figure T
Zoning Districts
W r 8 =U *Moan YPA4dW" - D RRiidNi'd Oam?arwl - YniY?GanY Oa?wAOnn
is W M MD.-," - 0M.
iaw rewn
® East Gateway District NRSA
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Items # C
East Gateway District NRSA
Attachment number 1
Page 14 of 32
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) It@r@A(D
Attachment number 1
Page 15 of 32
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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@A 6
Attachment number 1
Page 16 of 32
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 %).
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) IterRAB
Attachment number 1
Page 17 of 32
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.
East Gateway Business & Neighbors Association
East Gateway Stakeholder Advisory Group
• Clearwater Neighborhoods Coalition
East Gateway Business & Neighbors Association
• Clearwater Neighborhood & Housing Advisory Board
• City Council Public Hearing*
December 9, 2008
December 11, 2008 &
February 12, 2009
January 5, 2009
January 13, 2009
February 10, 2009
March 5, 2009
*A 30-day public comment period and public hearing schedule were noticed in the St. Petersburg Times on January
31. 2009.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) lter@e#ij6
Attachment number 1
Page 18 of 32
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
Location (close to downtown, beach, golf course)
Potential to improve
Nice people
Quiet (except for barking dogs)
Neighborhood feel
Revitalization taking place
Nearby businesses
Property owners that maintain their properties
Affordable (housing)
Remaining wildlife (birds)
Nearby transit routes
Community Concerns
• Unsafe due to crime (drugs, prostitution, theft)
Vagrants/transients/homeless persons
No major grocery store nearby
Trash/waste (cans, food wrappers, dog waste)
• Social ills that promote a negative neighborhood image
Blighted or unkempt properties (rental housing, motels, businesses)
Perception that neighborhood is an undesirable place to buy a home or start a business
Residents do not feel pride because of surroundings
Poor code enforcement
Negative impacts from soup kitchen patrons
Negative impacts from day labor businesses
Noise (barking dogs)
Trespassing
Traffic / wide intersections / lack of sidewalks
Parking on grass in front yards
Community Suggestions
• Step up law enforcement (especially with regard to vagrant behavior)
Implement more stringent codes and code enforcement
• Construct/improve sidewalks to increase safety (e.g., Jefferson Avenue)
• Offer incentives to:
- Attract new businesses (especially a major grocery store)
- Attract homeowners to buy and fix up properties
- Encourage businesses to upgrade storefronts
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) lter@A,6
Attachment number 1
Page 19 of 32
Draw from neighborhood strengths
Market neighborhood assets
Plant street trees
Replace signalized intersections with landscaped roundabouts
Establish crime watch organizations
Designated code officer to systematically clean-up neighborhood
Demolition grants instead of facade grants for removal of derelict buildings
• City investment in property assemblage
Rental housing inspection program and tax receipt verification
Prospective renter background checks through Police Department
Relocate soup kitchen to St. Cecelia Church or by 49th Street Jail
Demolish and redevelop blighted motels (Royal Palm)
Neighborhood projects/efforts (crime watch, fix-up properties, help each other)
Hold more neighborhood/community events
Install traffic calming with landscaped medians adopted by local businesses
• Construct bike lanes and install bicycle parking
Require connections between sidewalks and business entryways through parking lots
(e.g., CVS site)
Add speed humps on Jefferson Avenue
Increase respect for private property
• Stimulate economic recovery
Work with adjacent neighborhoods to help solve problems
• Construct barriers between residential and commercial areas to prevent trespassing
Enforcement of immigration laws
Maintain programs that serve homeless
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) IterRAB
Attachment number 1
Page 20 of 32
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:
Nearby housing stock for a downtown workforce (new and rehabilitated)
Economic activity driven by proximity to key locations
• Consumer interest in culturally diverse businesses
Incubator for small businesses
Mixed use redevelopment of blighted, obsolete buildings
Anticipated Problems
The following problems are likely to be encountered in the East Gateway District NRSA:
Negative neighborhood image (safety, security, vagrants, drugs, prostitution, etc.)
Ability to sustain public engagement without tangible improvement
Engagement of non-English speaking residents
Dwindling funding for social service agencies that address local needs
Minimal supply of land for new development
Abundance of nonconforming parcels and suburban development requirements
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) It@r@ArD
Attachment number 1
Page 21 of 32
Blighted, obsolete motels priced above market
Vacant buildings and storefronts
• Undercapitalized landlords and businesses that do not invest in the physical appearance
of commercial buildings
Disproportionate amount of rental housing and tendency for these properties to be
unkempt
No discernable neighborhood character
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) lter@A'6
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Attachment number 1
Page 25 of 32
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:
• Supportive and involved residents, businesses and other neighborhood stakeholders;
• A strong employment sector;
• Skills needed to compete in the job market;
• A housing mix that accommodates the area's socio-economic diversity; and
• A 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.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) lter@dtE
Attachment number 1
Page 26 of 32
SAFETY & SECURITY
Goals:
• Sense of safety and security by residents, business owners and visitors.
• Neighborhood 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.
Review new development and infrastructure projects using Crime Prevention
8 through Environmental Design (CPTED) guidelines to promote safe places that
discourage criminal activity.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) IterRd 6
Attachment number 1
Page 27 of 32
ECONOMIC DEVELOPMENT & HOUSING
Goals:
• Stabilized business/residential areas.
• Elimination of problematic properties.
• Public-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.
Explore the feasibility of East Gateway's certification as LEED for Neighborhood
8 Development (U.S. Green Building Council) that recognizes community
sustainability practices.
Conduct a market analysis that identifies a viable business mix to support
9 resident and business needs in East Gateway and the overall CRA District.
Develop an action and funding strategy for business recruitment.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) It@r@dtj6
Attachment number 1
Page 28 of 32
ECONOMIC DEVELOPMENT & HOUSING
Actions (Continued):
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 Explore creative funding solutions for a new playground in the area generally
located southwest of Gulf to Bay Boulevard.
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.
Prepare a comparative analysis of code violations from 1999 to present and
1
identify methods to resolve issues (e.g., Abandoned/Vacant/Foreclosure
Properties Pilot Program).
1 Identify opportunities and constraints to redevelopment and develop
7 recommendations to resolve issues and capitalize on assets.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@dt'6
Attachment number 1
Page 29 of 32
BUSINESS ENVIRONMENT
Goals:
• Elimination of barriers to quality redevelopment.
• Broader understanding of code requirements by the community.
• Public-private partnerships that leverage resources to produce catalysts for
revitalization.
• Private investment in residential and business areas.
Actions:
Identify Code-related impediments to redevelopment in East Gateway (e.g., "25
1 percent rule," change of use regulations, permitting process) and remedies for
eliminating impediments.
Conduct regular business visits to maintain a pulse on the East Gateway
2 business environment, and to offer timely advocacy and other assistance for
business expansions and improvements.
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.
Assist business owners in the formation of a Merchants Association for
6 collaboration with the CRA on marketing/employment issues and to facilitate
communications between businesses and the CRA.
Partner with the Clearwater Bar Association and other non-profit legal
7 organizations to hold educational seminars on landlord/tenant rights, tenant
screening, rental contracts and other related-topics of interest.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@dtB
Attachment number 1
Page 30 of 32
NEIGHBORHOOD APPEARANCE
Goals:
• A positive identity that instills sense of neighborhood pride and ownership.
• Private investment in residential and business areas.
Actions:
1 Implement a facade and building lot improvement program that offers design
and financial assistance to eligible commercial properties in East Gateway.
Identify policies and programs implemented in other communities that have
2 been successful in improving aesthetic conditions in business and residential
areas.
Build a tot-lot within in East Gateway to serve the needs of families with young
3 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.
Implement Phase 3 of the Cleveland Street Streetscape Project to enhance the
9 public realm and stimulate private reinvestment along Cleveland Street and Gulf
to Bay Boulevard
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@dt(6
Attachment number 1
Page 31 of 32
INTEGRATION OF HISPANIC COMMUNITY
Goals:
• All members of the community are encouraged to fully participate in the duties and
benefits of neighborhood life.
• Reservoirs 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.
Continue coordination with East Gateway stakeholder organizations such as
2 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.
Coordinate with local and regional Hispanic business organizations to identify
5 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.
Continue to support the Hispanic Outreach Center and other social service
8 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.
Publicize Library programs oriented to Hispanic residents such as computer
10 classes and reading clubs in existing City publications and on community
bulletin boards.
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@dt'6
Attachment number 1
Page 32 of 32
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
• Improved building facades/lots • 4 projects
• Increased commercial parking capacity • 50 parking spaces
• Decreased Code violations • 5% decrease
• New or rehabilitated housing units • 5 units per year
• New sidewalks constructed • 0.5 miles per year
• New park (tot lot) • 1 park
• New development/redevelopment project • 1 site plan per year
• New bus shelters • 1 bus shelter
Social Measures
• Neighborhood organization project achievements • 1 project per year
• New community organizations (neighborhood, • 1 organization
merchant, crime watch)
• Community events of interest to Hispanic community • 1 event per year
• Information kiosk to display community information • 1 kiosk
Economic Measures
• New jobs • 5 jobs per year
• New businesses • 2 businesses per year
• Increased rate of owner-occupied dwellings • 5% increase
East Gateway District Neighborhood Revitalization Strategy
January 20, 2009 (draft) Iter@dtc
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 7
Attachment number 1
Page 1 of 1
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 7
Ordinance No. 7937-08
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 8
Attachment number 1
Page 1 of 1
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
See attached legal description
(ANX2008-02002)
Land Use Category
Residential Suburban (RS)
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 8
Ordinance No. 7938-08
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 9
Attachment number 1
Page 1 of 1
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
See attached legal description
(ANX2008-02002)
Zoning District
Low Density Residential
(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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 9
Ordinance No. 7939-08
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 10
Attachment number 1
Page 1 of 1
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 10
Ordinance No. 8029-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 11
Attachment number 1
Page 1 of 1
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 11
Ordinance No. 8030-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 12
Attachment number 1
Page 1 of 1
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 12
Ordinance No. 8031-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 13
Attachment number 1
Page 1 of 1
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 13
Ordinance No.8032-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 14
Attachment number 1
Page 1 of 1
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 Item # 14
Ordinance No. 8033-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 15
Attachment number 1
Page 1 of 1
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 15
Ordinance No. 8034-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 16
Attachment number 1
Page 1 of 1
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 Item # 16
Ordinance No. 8035-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 17
Attachment number 1
Page 1 of 1
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
See attached legal description
(ATA2008-10001)
Land Use Category
Residential/Office Limited (R/OL)
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 17
Ordinance No. 8036-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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 (0).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
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
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 18
Ordinance No. 8037-09
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 19
Attachment number 1
Page 1 of 2
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:
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Ordinance NoltMA09919
Attachment number 1
Page 2 of 2
?n4inTownship 29 South, Range 15 Paso and Oho WRSt '4 Of SRr_t0Qn 8, Township
29 Se nth Ronne 15 Gash Pinellas Ge inty Florida and mere fully described in the legal
de6GrirrF_=44hihB" i?##-aft--"ed-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
City Attorney
Cynthia E. Goudeau
City Clerk
2 Ordinance NoltMA09919
BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE
15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION:
THENCE S.05'32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'30"W., A DISTANCE OF
60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER
SUBDIVISION; THENCE S.05'34'08"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW
BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.05'31'21 "W. ALONG SAID EAST RIGHT-OF-WAY OF
GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84'27'30"W., A DISTANCE OF 34.98 Attachment number 2
FEET; THENCE N.05'32'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OFage 1 of 2
471.39 FEET; THENCE N.48'31'37"E., A DISTANCE OF 21.57 FEET; THENCE N.90'00'00"E., A DISTANCE
OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST
RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00
FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28'1 1'29"W.;
THENCE S.05'32'30"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
0.88 FEET; THENCE N.90'00'00"W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE
OF 3.82 FEET TO THE POINT OF BEGINNING.
CONTAINS 17.096 t SQUARE FEET (0.3925 ACRES). MORE OR LESS.
PARCEL H
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 1/2 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1 /2 OF SECTION 8, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGES 12 AND 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.90'00'00"E., ALONG THE NORTH BOUNDARY
OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05'32'30"E. ALONG THE EASTERLY RIGHT OF
WAY OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF CURVE; THENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND
A CHORD BEARING OF N.28'11'29"E. TO THE POINT OF BEGINNING; THENCE N90'00'00"W., A DISTANCE
OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET
AND A CHORD BEARING OF N.6352'46"E.; THENCE S.89'54'00"E., A DISTANCE OF 79.18 FEET TO A
POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00
FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'59'54"E. TO A
POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF
AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN
ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N77-55'43"W.; THENCE
N.89'54'00"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF
AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN
ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70'27'47"W. TO THE
POINT OF BEGINNING.
CONTAINS 6,256 SQUARE FEET (0.1438 ACRES), MORE OR LESS.
LEGEND
PLS PROFESSIONAL LAND SURVEYOR
LB LICENSED BUSINESS
P PUT INFORMATION
D DEED or DESCRIPTION INFORMATION
POB POUR OF BEGINNING
NOTES:
1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY AND/OR
OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
RE-USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT
AND IS SUBJECT TO EASEMENTS, RIGHTS-OF-WAY AND SIMILAR MATTERS OF TITLE.
5. MERIDIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARING N90'00'00"E (P)
PREPARED FOR: (DRAWINGS PARCEL-G do H 1 Project No. 8021 1
The Related Group DATE: 1/19/09 Checked By JAC Field Book
Drawn By JAC Pages
SURVEYOR'S CERTIFICATE
SUNCOAST LAND SURVEYING, Inc. 'CHARGE ? that the SKETCH deprcted hereon .we ?? under my RESPONSIBLE
CWIRGE on the date(s) shown, and meets the MNiBAIM TECHNICAL STANDARDS set forth by
111 FOREST LAKES BOULEVARD the FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS in Chapter 61G17-6. FLORIDA
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CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
C1 112.00 102.51 98.97 N6352 46
C3 34.00' 26.87' 26.18' N28'11 '29'E
C4 34.00' 23.30' 22.84' S70'27'47W
C7 28.66' 11.98' 11.89' N7T55 431N D
C7 28.66 12.21 12.12 N7T414 C
C9 40.00 61.30
------ 55.47 545.59 54 D
C9 40.00' 61.40' t55.54' I S4S55'44'E C
LINE BEARING DISTANCE
L8 N90'00'00 34.32
L9 NW32 30 0.88
L10 N90'00'00 3.82
L13 N90'00'O01W 29.08'
L20 N48.31'37 21.57
SUNCOAST LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD I or, q
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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
Item # 20
Attachment number 1
Page 1 of 2
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
Ordinance NoltMA1920
Attachment number 1
Page 2 of 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
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
2 Ordinance NoltMA1920
Attachment number 2
Page 1 of 1
m
EXHIBIT "A"
SCALE 1"--100'
1
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GULFVIEW BLVD. h
57.@' COLUMBIA SUB. 1 A
23-60
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5 Vacation Requested
ByAPPlicant
City of Clearwater, Florida
Public Works Administration/Engineering
1 8104 K and P Clearwater Estate, LLC vac o64-
Drawn By Shoot
S.K. 2 of 2
hocked
S.D Vacate Part Of First Street sec'rwn-Rr
S.D. 08.295.151
GRID Ordinance
276A 7371-05
Item # 20
FIRST Sr
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
Approve the East Gateway District Faqade and Building Lot Improvement Program and Loan-to-Grant Agreement and authorize
staff to implement the program. (consent)
SUMMARY:
The proposed East Gateway District Faqade 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 faqade 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 Cover Memo
0687-0000-128165-000-0000 75,000 CDBG $ for Improvements
0388-94849 20,000 CRA $ for Design Item # 21
Review 1) Office of Management and Budget 2) Legal 3) Economic Development and Housing 4) Office of Management and
Approval: Budget 5) Legal 6) Clerk 7) Assistant City Manager ED 8) Clerk 9) City Manager 10) Clerk
Attachment number 1
Page 1 of 35
PROGRAM GUIDELINES
FACADE & BUILDING LOT IMPROVEMENT PROGRAM
EAST GATEWAY DISTRICT
CITY OF CLEARWATER &
CLEARWATER COMMUNITY REDEVELOPMENT AGENCY
FEBRUARY 18, 2009
Item # 21
Attachment number 1
Page 2 of 35
DRAFT
Item # 21
Attachment number 1
DRAFT
February 18, 2009
Dear East Gateway Property Owner:
112 S. Osceola Street
Clearwater, Florida 33756
Phone: (727) 562-4026
www.myclearwater.com
Thank you for your interest in the East Gateway District Facade & 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 Facade & 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
Item # 21
Attachment number 1
Page 4 of 35
DRAFT
[This page intentionally left blank.]
Item # 21
Attachment number 1
Page 5 of 35
DRAFT
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
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 ItenV21
Attachment number 1
Page 6 of 35
DRAFT
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Program Application Part I (Design Services)
Program Application Part 11 (Funding Assistance)
Program Steps
Loan-to-Grant Agreement
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Ite nc# Q1
T
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Attachment number 1
Page 9 of 35
DRAFT
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:
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.
Because strong commercial districts have a stabilizing influence on neighborhoods, the
CRA established the East Gateway District Fagade & 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.
EAST GATEWAY DISTRICT FACADE & 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.
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 Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?1 O F21
Attachment number 1
Page 10 of 35
DRAFT
These Program Guidelines represent the intent of the CRA to implement the East
Gateway District Facade 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.
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/Lrp/an/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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4 mf#F21
Attachment number 1
Page 11 of 35
DRAFT
Fees for the foregoing design services are limited to $1,000 per 30 linear feet of eligible
building facade 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 cafe 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 amount' $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 amount' $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 800 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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4 mf#F21
Attachment number 1
Page 12 of 35
DRAFT
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 facade(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 facade 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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?MO F21
Attachment number 1
Page 13 of 35
DRAFT
ELIGIBLE PROJECT IMPROVEMENTS/COSTS
• Construction, installation or - Windows - Parapet
renovation: - Doors - Balconies
- Awnings - Porches
- Marquees - Arcades
- Shutters - Display window
- Cornices lighting
• Exterior wall treatments:] - Painting (entire - Stucco/plastering
building facade)
• Removal of elements covering architectural details
• Exterior signage (permanently affixed and integrated into the building architecture)
• Decorative exterior lighting-
Pavement between door and sidewalk
• Landscaping'
• Other improvements'
• Detailed design/construction drawing feesd
• Permit fees:, a
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 100 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.
b. 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.
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
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?MO F21
Attachment number 1
Page 14 of 35
DRAFT
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.
MAXIMUM
PROJECT REVIEW CRITERIA POINTS
1. Comprehensiveness of project and consistency with 20
the Downtown Design Guidelines
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.
I Crime Prevention through Environmental Design
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?MO F21
Attachment number 1
Page 15 of 35
DRAFT
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.
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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4 Tmf#F21
Attachment number 1
Page 16 of 35
DRAFT
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.
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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?MO F21
Attachment number 1
Page 17 of 35
DRAFT
Note: Disbursement will be made only to those contractors who have submitted weekly-
certified payroll forms.
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
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 P4?MO F21
Attachment number 1
Page 18 of 35
DRAFT
Property Acquisition Act, as amended. Temporary relocation may be permitted with
costs allowable as a project cost.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Pagkt@MfAF21
Attachment number 1
Page 19 of 35
DRAFT
Exhibit A
Part I: Application for Design Services
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
Page 20 of 35
Revised: 10/27/08 Facade & Building Lot Improvement Program Application - Part I Iterpataalof 2
Attachment number 1
Page 21 of 35
Fagade & Building Lot Improvement Program
East Gateway District
PART I: APPLICATION FOR DESIGN SERVICES
Fax:
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:
Owner Type (Check One)
? Individual
? Proprietorship
? Partnership
2. Property Information:
Building Name:
Legal Description:
Email:
? LLC
? Corporation
Building Address:
Total Building Sq. Ft.
Parcel dimensions:
Ft. X Ft. Parcel Area:
Economic Development & Housing
112 S. Osceola Street, 1St Floor
Clearwater, Florida 33756
Phone: (727) 562-4026
Fax: (727) 562-4075
www.myclearwater.com
Length of Building fagade facing primary public street right-of-way:
Length of Building fagade facing secondary public street right-of-way:
Zoning:
Business License #
Sq. Ft.
Linear Ft.
Linear Ft.
Revised: 10/27/08 Facade & Building Lot Improvement Program Application - Part I Iterp+2 of 2
Attachment number 1
Page 22 of 35
SECTION B - IMPROVEMENT PROJECT IDEAS
Type of improvements desired (check all that apply):
? Exterior walls
? Cornice
Describe your desired
improvement project.
Attach additional
sheets, if needed.
? Windows/doors ? Awnings/canopies ? Shutters ? Signage
? Landscaping ? Outdoor cafe area ? Lighting ? Pavers
? Painting
? Other
What is your estimated budget? $
Application (Part 1) Complete:
? 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 Facade 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 1 D 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:
Property File No:
? Business in East Gateway District
? Current on property taxes
Design Assistance: ? Approved
Design Firm:
Design Firm:
? Pre-application Meeting Attendance
? Additional Meeting
BPRC Comments:
Signature:
Signature:
Project Manager:
? Post-Application Meeting Attendance
? Additional Meeting
Director, Economic Development & Housing Department
Executive Director, CRA
Date:
Date:
Provide the following (if available):
? Valid Business Tax Receipt
? Denied Date:
Project Manager:
Revised: 10/27/08 Facade & Building Lot Improvement Program Application - Part I Iterpataalof 2
Attachment number 1
Page 23 of 35
DRAFT
Exhibit B
Part II: Application for Funding Assistance
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
Page 24 of 35
DRAFT
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
Page 25 of 35
Fagade & Building Lot Improvement Program
East Gateway District
PART 2: APPLICATION FOR FUNDING ASSISTANCE
Applicant:
Economic Development & Housing
112 S. Osceola Street, 1St Floor
Clearwater, Florida 33756
Phone: (727) 562-4026
Fax: (727) 562-4075
www.myclearwater.com
Application Must Be Submitted in Person [Do Not Mail]
SECTION A - APPLICANT INFORMATION
? 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: $
(B) Requested Loan Funds: $
(C) Applicant Funds: $
(Eligible project costs only)
(May not exceed 80% of (A))
Existing or pending liens against the property? ? No ? Yes if yes, describe:
Revised: 10/27/08 Fagade & Building Lot Improvement Program Application - Part 2 Iterna#e2lof 2
Attachment number 1
Page 26 of 35
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 Facade & 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:
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:
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Attachment number 1
Page 27 of 35
FOR CITY USE ONLY
Application (Part II) Complete:
? Final Inspections
? Estimates (2) Submitted
Design Assistance: ? Approved
Property File No:
? Valid Business Tax Receipt
? Denied Date:
Design Firm:
Design Firm:
? Pre-application Meeting Attendance
? Additional Meeting
BPRC Comments:
Signature:
Signature:
Director, Economic Development & Housing Department
Executive Director, CRA
Date:
Date:
Project Manager:
Project Manager:
? Post-Application Meeting Attendance
? Additional Meeting
Revised: 10/27/08 Fagade & Building Lot Improvement Program Application - Part 2 Iterna#e2lof 2
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East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
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Exhibit C
Program Steps
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
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DRAFT
This section provides step-by-step instructions to the application and decision-making
process for the East Gateway District Facade & 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.
East Gateway District Facade Improvement & Building Lot Improvement Program
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Attachment number 1
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DRAFT
- 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
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
Page 32 of 35
DRAFT
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.
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
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Contact: Tammy Vrana, AICP
Economic Development & Housing Department
112 S. Osceola Avenue (1 It Floor)
Clearwater, Florida 33756
Phone: (727) 562-4047 1 Fax: (727) 562-4075
Email: tammv.vranaCmvclearwater.com
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 1
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East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
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DRAFT
Exhibit D
Loan-to-Grant Agreement
East Gateway District Facade Improvement & Building Lot Improvement Program
Revision Date: 02/18/09 Iterai?kts21
Attachment number 2
Page 1 of 6
Exhibit D
LOAN-TO-GRANT AGREEMENT
EAST GATEWAY DISTRICT
FACADE & 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 Facade 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
facade/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 Facade and Building Lot Improvement Program Guidelines (hereinafter
"Program Guidelines") to receive funds to be used for the improvement of the facade/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
facade/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
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
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").
Revision Date: 02/18/09 P&Rrn (#E21
Attachment number 2
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
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 oamount», 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..
Revision Date: 02/18/09 P& (#E21
Attachment number 2
Page 3 of 6
D. INSURANCE COVERAGE
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
Revision Date: 02/18/09 P&Rra (#E21
Attachment number 2
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
appliances, or materials utilized during
Performance of warranty services under
Contractor.
warranty or guarantee of the labor, systems,
the performance of the improvement work.
the Contract is the sole responsibility of the
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.
Revision Date: 02/18/09 P& (#Q1
Attachment number 2
Page 5 of 6
H. MISCELLANEOUS PROVISIONS
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
Revision Date: 02/18/09 P&Rra (#E21
Attachment number 2
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
Witness
CITY OF CLEARWATER:
Signature
Witness
STATE OF FLORIDA
COUNTY OF PINELLAS
Date
Date
Date
Date
The foregoing instrument was acknowledged before me this day of by «Owner1 Frst»
«Owner1 Lst» and «Owner2Frst» «Owner2Lst», , personally known to me or
who have produced a drivers license as identification.
My Commission expires:
Notary Public
Revision Date: 02/18/09 P&Rra (#E21
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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 1) Financial Services 2) Gas System 3) Financial Services 4) Gas System 5) Financial Services 6) Office of Management
Approval: and Budget 7) Legal 8) Clerk 9) Assistant City Manager ED 10) Clerk 11) City Manager 12) Clerk
Cover Memo
Item # 22
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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 Comments:
Budget Adjustment: No
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
Item # 23
- Attachment number 1
Page 1 02
VEHICLE USE AGREEMLNT
TH1 ;?(l l [ETEN r, entered info this day o . 2000 by and between TIIF. ! CHOOL
BOARD OF PINELLaS COUNTY, FLORIDA. hereinafter referred to as the "School Roard. ' and the Of
C'Icgnvater, a (Inunicipal -t)rporationt, hereinafter referred to at " Ci e% -Ne pantie ;qwe as billows:
1. The `school Board vv ill prov Ale Shuttle bus tmnspotlatkon for the month(,s) of August 21W9 - August 2010, for
the purpose of Uansporting participants in user's sponsored prc>granls.
2. Yransportation is for the stile purpose of trransportOg particjmas in User's sponsored programs to and frotu
v adous program loo aiion4 in Pinellas and adjacent Ctntnties.
A. lie bus or buses v01 be operated by an trmployee of the School Board. who is licensed to drive a school bus,
and shall be assigned by the Director of Transportation or designee. Buses tna} he used under this agreement
only if the) are available at the times ropwsted, and such use shall not interferc vith or impair regular scliool
transportation. The School Board shall be the final authority as tei the av ai lability of buses.
4,. 0) User shall pa) to the Sehaol 'Doard, for the use of said school hu service, a suttl, per bus of $19.20 per
hour in haNde 15 minutes before and 15 minutes after trip charge, plus 1.00 per mule for -vec-kda?? 'trips
that Itegin bvlore 4 p.m., with a minimum charge of four hours.
(b) If requests extend t{s service that begins after 4 p.m., ific expense ?%ill incidde a tnitiiutum Charge, Of fotff
hours, and a suns per bits of $1420 pcr hour to include 30 minutes beR re and 30 tninwcs after trip charge:
plus ) AO per We for the trips that begin after 4 p:m. x%eckdays, xveckends, and any note-school day.
tcl "Weekend- is deNned as a Saturday and Sunda'. except during the time that the School Roard is on its
surnm .r calendar schedule.. Friday will be considered part of the `weekend." "ikon-schciol" day is de bw(l
as a vveek&* vvherein students are not sclwduled it) attend Classes.
5. -Uses- shall prfn ide to-, Scitool Board a letter eertifving that it is self-in'surcd-
6. '[V agreement is made pursuant to section 1 W6.261, 111orida Statutes, and the parties agree that they 011
comply with the pro,, isions therewith.
IN WIT* iS WHEREOF. the parties have executed this a`gre •mrnt at Large, Pinellas County, Horida, the
date fret aNne "Wen.
T'HL SC11001_ €3O,ARl,) OF City of C'lear«aterm Florida
PrNTLLS C[ tCNT Y, FIt:YRIDA
By:
C'hairnlazt
Attest:
Sulx,rintendent
lApprovcd as to form:
?,Jiool Board Attorney`,,, Office
- Item # 23
Bus C se Agreet-tnt - .unit
Attachment number 1
Page 2 of 2
SIGNATURE PAGE TO VEMCLE USE AGREEMENT
Countersigned: CITY OF CLEARWATER, FLURtDA
Bv:
Frank V Hibbard - + William B. Home II
Mayor City Manager
Approved as to foviw Attest:
Laura Lipo ski Cynthia E. Go udeau
Assistant City Attorney City Clerk
` a
Bus Use Agreement - Agency Item # 23
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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 Comments:
Budget Adjustment:
Current Year Cost: 180,000 Annual Operating Cost:
Not to Exceed: 180,000 Total Cost:
For Fiscal Year: 2008 to 2009
None
180,000
180,000
Appropriation Code Amount Appropriation Comment
0-419-02090-543500-539- 180,000
000-0000
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 24
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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 Bornstein
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
Cover Memo
Item # 25
3 Citizens
Review Approval: 1) Clerk
Cover Memo
Item # 25
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Attachment number 1
Page 1 of 2
QFCE1V1: ,
2000
L?A?z Her
CITY OF CLEARWATER - APPLICATION FOR ADVISORY%9RVCS DEFT
(must be Clearwater resident)
Home Address:
2 X91 ?i,?ee??'?w, ley S.
tMZ!uM&r><R zip 3 376 /
Telephone: /12-7) IV 439- ?SLR
How long a resident of Clearwater?
Occupation: kricbe of r11r[ 4 P
Field of Education:
_R,A. - 9u..f i- des
f,;dorz- Mt4si
AJAV) work - IjCcorwri&* aoiEs
Office Address:
IN 91A 4 me VkQ a. A?orrH
G'? lee zip V174 r
Telephone: (7Z?) 7/2. - if y o Z
uT_ j 7 M_n?'?n S Rf A 4?WLS5 /Q6o ac .
Employer: T Ail ES Fl oo!DA "[-
Other Work Experience:
PAMMAOAd - uR ewaggr
?bs l?crip!+o??s : If !/
F??S/Dw4 / pASE ?f //
If retired, former occupation:
Community Activities: 36WA 4 Urea-A& - ae-&A aw /IV"/ 0"A o?
lard e4 ?.O ?e nl?ofn.u?L..i }ter 1/...? 1?e[.r 4.*. . - •i_ r/..- _ .
Other Interests: Alik ?f4AI'G Ae49 01PW Lfr(L&Im e,
Board Service (current and past):
tyawe
Board Preference:
?"ke. Ark A rlyiso m 8w,4
Additional
Signed:
Date: 3- 2 7- 0 6
See a shed list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Item # 25
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Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.
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A A/4t IA.( 7XC
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
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4. Why do you want to serve on this Board?
rj
Name: 1OHM IF -riM#rTLA,4C
Board Name:_ -F-L-dkc 84 Alth? t qrd
Item # 25
$n,lAnr,? i??' PAkCoA* Wl' ifAWS 4 ASinesS.
Attachment number 2
Page 1 of 2
.-14
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Mr. Howard Warshauer*
Home Address:
808 Allen Drive
Clearwater, FL Zip 33764
Office Address:
Zip IL)
Telephone: 7,27- 4/ 41.2 - 7 Y// Telephone:
How long a resident of Clearwater? ?j e-4.r's
Occupation: Cods v 1 fi+ h r-- URW RN R2 riT? la4ta„ Employer: SC l 0'al
Field of Education:
If retired, former occupation:
Community Activities: //C 1 1 or-
o Y S y' b^? I'?Lt C/U b
Other Interests: _Ca? /"AA ?-?
Other Work Experience:
Govef'drMfA T - - MA4,rs1a Pr JAjA,,ca Se •%eA
1?Ib7' r ??f 7' wa?..?.?,.9 e .??e ? 7'
Im
Board Service (current adpas'* &W-lpi L" &&tOBoard Preference:
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Public Art & Design Board
Additional Comments: -T tTer-e?7c Ae?i?or-GC' " ZXe -& ?ZS
-L 2
Signed: CU Date: .? -rf-
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop of our pppltion at City Hall, 2nd Floor, 112 S.
Osceola Avenue. RECEIVED
(. 2 " 2000
2F',:ir;1Ht RECORC)S AND
FGISLATIVE SRUGS DEPT
Item # 25
e
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Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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iri?rs
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
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3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
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Name: ?"-O-cz [??at -_c ?4Ll
Board Name: 110-wd-l-d W 4-1` 5 4 4L u e, T
Item # 25
4. Why do you want to serve on this Board?
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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
Item # 26
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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.
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- 91,050.57
0000
Bid Required?: No Bid Number:
Cover Memo
Other Bid / Contract: Bid Exceptions: None Item # 27
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 27
Attachment number 1
Page 1 of 1
Movno Pump Worksheet for 2009
Anticipated Moyno Pump Replacements
Plant Section
MS Reactor Discharge
Belt Press Feed
Primary Scum Pit
NE Truck Unload Station
Waste Activated Sludge
East Sludge Bldg
Anticipated Movno Replacement Parts
Qty Est Cost Each Extended Cost
1 $ 12,872.00 $ 12,872.00
1 $ 8,294.00 $ 8,294.00
1 $ 14,999.00 $ 14,999.00
1 $ 8,294.00 $ 8,294.00
1 $ 9,782.00 $ 9,782.00
1 $ 8,294.00 $ 8,294.00
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)
Reauest 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 Davs 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
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.
Item # 27
Attachment number 2
Page 1 of 1
Q)MOYNO
Almys the Right Soludonin
Ms. Alison Johnson
City of Clearwater, Florida
1605 Harbor Drive
Clearwater, Florida 33755
Subject: Robbins & Myers - Moyno, Inc. - Authorized Distributor
Dear Ms. Johnson,
Moyno Incoporated
1895 West Jefferson St.
Springfield, Ohio 45506
Phone: (937) 327-3265
Fax: (937) 327-3572
December 18, 2008
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: 6781377-3100
Fax: 6781377-2021
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,
A
Al P4
Doug Smith
Municipal Contracts Engineer
Cc: Roy Leffew
Beverly Garner
File
Item # 27
OMOYNO
Always the Right SoludonTM
March 3, 2009
Ms. Alison Johnson
City of Clearwater, Florida
1605 Harbor Drive
Clearwater, Florida 33755
Dear Ms. Johnson;
Attachment number 3
Page 1 of 2
Rick Baker
Regional Sales Manager
10500 Salt Box Court
Charlotte, NC 28277-1914
Phone: 704/752-4288
Fax: 704/752-4289
rbaker@moyno.com
www.moyno.com
Please be advised that Moyno, Inc. has set Municipal policies that govern all facets
of distributor pricing as well as end-user pricing. Failure of a distributor, Carl Eric
Johnson, Inc, to follow set policies can result in punishment up to and including
dismissal. These policies are set forth to keep a defined pricing structure for all
involved distributors and end-users.
We appreciate your business and continued support. Our promise to you is that you
will continue to receive Moyno and Carl Eric Johnson's most competitive pricing and
best service available in the market place.
Mark Yingling
Municipal Sales Manager
Moyno, Inc.
Mark.yingling@robn.com
Item # 27
Attachment number 3
Page 2 of 2
Item # 27
Attachment number 4
Page 1 of 1
O mater
U
Interoffice Correspondence Sheet
To: Cyndie Goudeau, City Clerk
From: Nan Bennett, Public Utilities Assistant Director
Cc: Tracy Mercer, Public Utilities Director
George McKibben, Purchasing Manager
Date: March 6, 2009
RE: Carl Eric Johnson, Inc./ Moyno Pumps
Blanket Purchase Order BR505396
This memo is in response to questions received from Council Member Gibson at the March
2, 2009 Work Session of the City Council.
Public Utilities currently has thirty nine (39) progressive cavity pumps manufactured by Moyno,
Inc. (Moyno) in service at our three (3) Advanced Wastewater Treatment Plants. The Moyno
pumps are used to transfer sludges, biosolids and other high viscosity fluids throughout the
treatment processes. The average service life of the existing pumps is 17.9 years, however one
Moyno pump has been in operation for 31 years. These pumps are nearly continuous duty, in
an environment that is extremely corrosive and destructive, and therefore the durability and
reliability of the Moyno equipment is superior in this industry.
Due to the large investment of existing equipment and the reliability of the equipment, our
Water Pollution Control (WPC) Division has standardized on the use of Moyno pumps for high
solids pumping applications. Standardization of pumping equipment reduces redesign/retrofit
of the piping systems and overall "down time" which is critical to maintaining regulatory
compliance at our wastewater treatment facilities. Standardization also reduces the required
stocking of parts and replacement pumps, and increases the cost efficiency of maintenance
operations. Sole source purchase of these pumps meet all requirements of Section 2.564
(1)(b) or the Code of Ordinances.
Carl Eric Johnson, Inc. (CEJ), is the sole authorized distributor of genuine Moyno pumps and
replacement parts in Florida and Georgia. I have been in contact with both CEJ and Moyno,
Inc. regarding their respective business pricing strategies. Both companies have relayed to me
that the prices quoted to Clearwater by CEJ are the current "Moyno Municipal Market Base"
pricing. Moyno states that "this allows us to keep our pricing competitive with our competition
and provides the very best pricing available to the municipal market". Furthermore, Moyno
verifies pricing from the distributor to the end customer by requiring copies of purchase orders
to accompany factory orders. I have also called several other distributorships around the
country and verified the competitiveness of the proposed prices provided by CEJ for the
requested BPO.
Item # 27
' l City Council Agenda
Council Chambers - City Hall
Meeting Date:3/5/2009
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
Item # 28
Attachment number 1
Page 1 of 5
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
Ordinance 48M428
Attachment number 1
Page 2 of 5
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUQUA PARK
9 CHAUTAUQUA PARK NORTH (Enterprise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CHERRY HARRIS PARK
44 12 CLIFF STEPHENS PARK
4-2 13 COOPERS BAYOU PARK
43 14 COUNTRY HOLLOW PARK
44 15 CYPRESS BEND PARK
45 16 CYPRESS POINT PARK
46 17 D.D. DAVIS PARK
47- 18 DREW PLAZA
48- 19 GARDEN AVENUE PARK
49- 20 GLEN OAKS PARK
2-9 21 GLENWOOD PARK
24- 22 HARDING PLAZA
22 23 HIBISCUS LAKE
2-9 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
29 30 OVERBROOK PARK
2-9 31 SALLS LAKE 1 & 2
30 32 SOULE ROAD PARK
34 33 SPRING LAKE PARK
,32 34 STATE STREET PARK
35 STATION SQUARE PARK
Ordinance 48M428
Attachment number 1
Page 3 of 5
33 36 SUNSET POINT ROAD PLAYFIELD
,34 37 TERRACE LAKE
35 38 TOWN PLACE PARK
36- nlnEEND
Ainnn RECAAQ IATIC COMPLEX PLAYGROUN
.
D
T?
37-- SHERRY HARRIS PARK
38 STATION SQUARE PARK
2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
33 39 COACHMAN PARK
30 40 COURTNEY CAMPBELL RECREATION AREA
40 41 COUNTRYSIDE LIBRARY PLAYGROUND
44- 42 MAGNOLIA STREET DOCK
42- 43 MEMORIAL PARKS 1 & 2
49 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
Ordinance 48M428
Attachment number 1
Page 4 of 5
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
Ordinance 48M428
Attachment number 1
Page 5 of 5
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
Approved as to form:
Laura Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance 48M428
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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, Secl7.06 (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
Item # 29
Attachment number 1
Page 1 of 4
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 ... $150.00-00
Section 2. Article II of Chapter 17, Clearwater Code of Ordinances, is
hereby amended as follows:
ARTICLE II. FIRE PREVENTION CODE*
Sec. 17.31. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Division of Fire Prevention Services Fire, LW@ c?--??L, and E*nergenGy
Management means the fire prevention division of the fire department, or any
equivalent thereof.
Corporation counsel means the city attorney.
Municipality means the City of Clearwater, Florida.
Ordinance No.l$ga*29
Attachment number 1
Page 2 of 4
Sec. 17.32. Adoption of the Florida Fire Prevention Code.
(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 aPA listed in FAC 69A-60 Florida Fire
Prevention Code -an GOF of the T'nri`J;; Ciro Dream+inQC 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. referrer! +n i., +hMS as
the National Ciro wdeT 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-66:
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
Ciro Gc)des 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 °+ii?ucrvna'Fore 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 ^'°+inn°' Ciro Godes and for safeguarding life and
property from fire or other emergencies.
Sec. 17.33. Conflict between the Florida Fire Prevention Code National Ciro
Cedes and other ordinances.
In the event of a conflict between the Florida Fire Prevention Code Watianal
Fire Codes and any other provision of this Code, the strictest standards shall
prevail.
2 Ordinance NoltsR18929
Attachment number 1
Page 3 of 4
Sec.17.34 17 36. 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 Ciro Godes 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;
3 Ordinance NoltM8929
Attachment number 1
Page 4 of 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
Approved as to form:
Robert J. Surette
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
4 Ordinance Nolt8M8929
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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 Comments:
Current Year Cost:
Not to Exceed:
1,285.00
For Fiscal Year:
Appropriation Code
0378-96739-565400-533-000-
0000
2008 to 2009
Amount
1,285.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
See summary
None
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
Item # 30
Attachment number 1
Page 1 of 1
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:
Camilo A. Soto
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution *90460
Attachment number 2
Page 1 of 22
IMPORTANT NOTICES
Agreement Number; CSX621838
• Your installation: may affect an existing fiber optic parallelism/longitudinal located on Railroad eight-of-
way. Therefore, you must also give notification in accordance with the "Communication Cable or Fiber Optic
Protection Rider."
Please note that due to the nature of your project(s), an inspector must be present during construction, in
addition to any flagging services. The costs for these services will be billed separately, and are not included in
the attached Statement of Fees.
AGREEMENT EXECUTION
* Sign all signature pages in order to execute the agreements. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an
officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. Co of
Board Authorization should be furnished for an one :si nines, other than the President or Vice President. If
the Corporate name is :set out erroneously in the Agreement, the document should be executed and the
name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.)
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the
document unless one member of the firm has been designated managing, partner or expressly by the
partnership to execute the Agreement. (Furnish copy of such authority.)
The signature(s) must be WITNESSED by ONE (1) witness in the stance(s) provided.
• NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly
beneath signature(s).
0 A Tax Identification Number is required.
* Be sure to provide and/or verify an emergency contact number located in the "Notice" provision of the.
Agreements. This should be a number by which someone can be contacted should an emergency arise outside
of normal business hours.
Item # 30
r`
Statement of Fees
Page
Account/Contract CSX
Customer Project No.
Date
Attachment number 2
Page 2 of 22
1 of 1
621838
1/19/2009
Customer
Clty of Clearwater
100 South Myrtle Avenue
CleaN,(aier, FL 33756
Amount Due
$ 1285.00
7,5t? Of)
3f _ L a_ e F --3; elf]
Total Current Fees
$ 1285.00
News You Can Use
CSX Federal ID No.
CSX Can a-I'lar 0 No.
s? CC" sC:
54-6000720
C f
A i Renc ' _jrth
r?Yl?: LICE i_ a -
904.633. 1
Item # 30
Attachment number 2
Page 3 of 22
PS- FORM 1001-G
REVISED APRIL 29. 2008
AGREEMENT NO. CSX621838
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, Made and effective as of January 19, 2009, by and between CSX
TRANSPORTATION, INC, a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 1.00 S Myrtle Avenue, Clearwater, Florida 33756, hereinafter
called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (l) twelve inch (12") diameter sub-grade pipeline crossing;, solely for the conveyance
of reclaimed/non-potable water, located at or near Clearwater, Pinellas County, Florida,
Jacksonville Division, Clearwater Subdivision, Milepost SY-870.2;
hereinafter, collectively, called the "[Encroachment," as shown on print(s) labeled Exhibit L'B,"
attached hereto and made a part hereof; other details and data pertaining, to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
I. LICENSE:
l .1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Lic;ensor`s present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, cov=enants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
contained;
(C) Compliance by Licensee with the terms and conditions herein
11
to reinove
sa+ •! 7,
1.2
11 rtar t[ and
W
Page I of 15 0 Item # 30
Attachment number 2
Page 4 of 22
PS -- FORM 1001--G
REVISED APRIL 29. 2008
AGREEMENT NO. CSX621838
1,3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERWNI:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FIVE HUNDRED U.S. Dollars AND 00/100 U.S. DOLLARS ($500.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
12 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent, and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike warner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
>. Location and construction of Facilities :shall be rnad_ strictly in accordance
i - { rd spec ,,. fiurnisl , , „--;;i approved by ;:'Id of nia.terial(s) and
s; .., -
gar tine l pose(
3.3 Ail o U t? ? ; = r ght- 1 l be a '_ at
iir o ., i ;j r'r tTP?riIt TZ :3 III .ti:'i Clta
id o ?ait)n o i i? r? <,z tss ?? ; . and appurtenances thereto.
Page 2 of 15 0 Item # 30
Attachment number 2
Page 5 of 22
PS - FORM 1001-O
REVISED APRIL 29, 2008
AGREEMENT NO. CSX621838
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessarv to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
19 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERTMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters). letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all apnli ible ordinances, rules, rev?nlations,
r ? aertts and laws of any governi?.,ntal at,014_ -_,tat"% f
er tease c1, ding tt
of the OceL i ._r, ind Health A? Si1_A, Cl t? x. 51 (b) t al.: and
"One Call" - "Call Bcli,, , Yc, Dig" requirements.
4.2 Lio -= Fumes sou r: ;btltty f ,)r or
approval(,), for any vz?>1 „ ..?> ?s thereof, car fo!- . os s or e °. , } of ,;!; or
Page 3 of 15 0 Item # 30
Attachment number 2
Page 6 of 22
PS - FORM 1(x)1--G
REVISED APRIL 29.2008
AGREEMENT NO. CSX621838
. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licenser's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensoe's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
53 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK. CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensee's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty:
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES-
Facilities or Encr act'-,3 -ia %.i .i i ru to 6 I J. j I ll rclocz.? [
Faciliti<_, _"U, L W cxit ' • t. tt Lice.:; cl relocation or char
be nc,, I y to E`; ?r qpl with th, ]I?inim'um. cl(,c.1'?i1++_ 11t!1 TIC fl r f Licensor,
f ._• of 15 0 Item # 30
Attachment number 2
Page 7 of 22
PS - FORNI 1001-G
REVISED APRIL. 29, 2008
AGREEMENT NO. CSX621838
T2 1f Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in. circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1. Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensoe's power lines, communication, signal or
ether wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustinents to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
wholl-6oever (including officers, agents. employees or invitees of Licensor), and for damage to
or 4-1, of or destruction of any property whatsoever, arising out of, resulting from, or in any way
.; ted with the consmiction, repair, maintenance, _,?,,gin. !,t, l-resence e, istez ce,
O 1;'.,)Ds, ,Jse OT ' .rnoaal ' it it ?x:l ' jr structur_ L i; w r
r iJS.d{llttc;.. T
f^ror b:_ n ,. ful misconduct oa _ rc ; < e of L ;_ _: •. r.
UCH , i to lee FA11" i „, -tate law, durin_t, and pen?1 ?i
ion??l a.:c r, repair, ii=? 1 1 i?jclit or removal of the `acIlitic _ ._•.-1!,._.,
equipment or personnel of L--` O; L£>e railroad rail corridor, L , .a?,iiity
Item # 30
Attachment number 2
Page 8 of 22
PS- FORM 1001-G
REVISED ,:APRIL 29_ 2008
AGREEMENT NO. CSX621838
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licenser's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section. 9. 1. Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this, Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensoe's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities, (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9. 1, Licensee also expressly assumes all risk of loss
which in any way may result from. Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part. Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 in this fig:.
o!, i ev under tls
rclttircd to be rnatit t_: ? ,,ci, tl, .
-'e :es
e
1°: :: ( 4 15 0 Item # 30
Attachment number 2
Page 9 of 22
PS - FORM I(1) 1.-G
REVISED APRIL 299 2008
AGREEMENT NO, CSX62 1838
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain daring the continuance of
this Agreement, at its sole cost and expense, a policy of Commercial General Liabilit Insurance
C( GL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this .Agreement. A coverage limit of not less than THREE
MILLION AND 00/1.00 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is currently required as a
prudent minimum. to protect Licensee's assumed obligations. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee,
prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement,
to CSX Transportation, Inc., Speed Code J 180, 500 Water Street, Jacksonville, FL 32202. On
each successive year, send certificate to Speed Code C907 at the address listed above.
102 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis. Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensoe's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liabilit ° (RPL) Insurance, naming Licensor, andfor its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS (S 10,000,000,00)
ri? S to lira t per annual policy period. ill Pollution E It >> n `,,,, >:tdment (ISO: " K31
,i
i t ?O Form _G 0z The ( m
.?B) At Lic., nsor's option, lieu of purchasrrm= p1'l . , , ,? • ,, _',
irp
company (but not CCJ !sur?-nc e l May pay ,ices - : f .'._ ' ,C)r c it i e
of r-egttest, the crest c.f ?f ,rs : c . i,? .wnt, or addR_x_. ! ?::arrtrt'_.r, or -n
7 of 15 o Item # 30
Attachment number 2
Page 10 of 22
PS- DORM 1001-G
REVISED APRIL 29.2(})$
AGREEMENT NO. GSX621838
activities, to Licensoe's Railroad Protective Liability (RPU Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 1.0.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self -assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 if Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall. have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
113 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2' Licensor's expense for wages ('force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (3€1) days after receipt of L icensor's bill therefor. Licensor may, at its discretion, request
an. advance deposit for estimated Licensor costs and expenses.
12. C d€ . bt it S ) € osst of ir':; A
v?us
L" rllltrl:d, i 11aI]dii2_ .`11 wf?,;1 [' .C't.gLt1p37Pt_,:.
r;=?t h, 11 be i? e ?c11 ac ._` applic;) cd rate. t censer may., at its
C[l e j `_k i 7, r f tltr? cztl.':-! 1[ ilO se : A0- ,,Y titiated c ost, s a%%!i expense and costs.
Item # 30
Attachment number 2
Page 11 of 22
PS- FORM 1001-Ox
REVISED APRIL 29, 2008
AGREEMENT NO. CSX621838
13. DEFAULT, BREACH, WAIVER:
111 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to frilly and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agrees ent and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been. paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with. Article 1.4.
1.3.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
st~ipervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied, neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
1 NOTICE:
15.1 all give Li._ . , ?-t-tv' ..ttvn non ,£,
(°•ir _i1V work { ;_.. tail co tl?5iieS i3 : . ;T114?l{?r$er I7t)'cit iTuy
W
be Licens I ;ILg provide pr',[1, ' tion as follows:
`ill ?c?r??ple i .ih ;t I •..
,;.- .. - its •,.. Ili .? k _ ?,,.?x L'ti r. ?s-4 Yp
also scar £.Ynd e:. £.yyail £4 ?.SlA xx?9 k.£?«id zt??£A.£ lEj c,.,1 J11
also scan and email c,..,1_J11
page 9 of 15 Item # 30
Attachment number 2
Page 12 of 22
PS- FORM 1001-G
REVISED APRIL 29. 20013
AGREEMENT NO. CSX621838
address: OP_Reguest@csx.com. A blank form, as well as additional instructions and
information, can be obtained from Licensor's web site, via web link:
http:f/www.csx.corns?fuseaction=!zeneral.csxp_flasz.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licenser's Rail Operations Emergency
Telephone plumber: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's p'acility(ies), the emergency phone number for
Licensee is: 727-562-4960.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, 1180-, or at such ether address as either party may designate in
uniting to the other.
153 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licenser's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
163 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licenser expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the e? .nt E;-ed sale, trans __. ;.mment, sur
i hts and pri
voke , - Ucen;, or a_ f
-.' revocation', and Li_ . rsw 1_i.?erzscr for ass :? .. or L ensor
gray incur as result of Lie tt- 7 io obtain said
Page 10 of 15 0 Item # 30
Attachment number 2
Page 13 of 22
PS- FORM 1001-G
REVISED ;APRIL 29, 2008
AGREEMENT NO. CSX621838
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses [ands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant tide to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all [eases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licenser in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain., exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensors title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17 . _. _ or r to
•cow orcl ;r:-, r ,le
nor shE?., cif thi 'new
for
1.-e O 1 anv 601t. or r>lterest rtr Lr to _ d prof,'-! il.',.r than
th lic 1. II: created,
17. Nothing in this A :-,-cnt shall be d-en-i "rid Licensor herehv
vaives, any claim of ,tp in and to
Page 11 of 1 0 Item # 30
Attachment number 2
Page 14 of 22
PS- FORM 100I-G
REVISED APRIL 29. 2008
AGREEMENT NO. CSX621838
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor, however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person..
1.8.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant Or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 ? ;_iniount du , f . tl E ; ,,M f is taa : - b?, the
to Licens€.. ' a o ac ?i i
annum, u 'rn, ?hen at
?ir
ae so
ed
18,7 "!"
sees' it 2, c
il '
attorne ' t x wE;l' ttr?g any ana,LtEiz ' . trA
' 3 Lf1i 1
e
Page 12 of 15 ?-) Item # 30
Attachment number 2
Page 15 of 22
PS- FORM 1001-G
REVISED APRIL. 29.2008
AGREEMENT NO, CSX621839
I.S The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(5), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (e) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars (S.100.00).
19. RESERVED:
20. RESERVED:
21. RIDERS:
2LI The following Rider(s) is/are herewith attached and included herein:
I X] Telecommunication Cable or Fiber Optic Line
P ; 1.3 zA 15 o Item # 30
Attachment number 2
Page 16 of 22
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREENi.ENT NO. CSX621838
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective elate of this Agreement.
Witness for Licensor:
CSX TRANSPORTATION, INC
B y:
Print/Type Name:
Print/Type Title:
Witness for Licensee: CITY OF CLEARWATER
By:
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terns and conditions of this A0 cement.
Print/Type Name:
Print/Type T
Tax. ID No,,
Authority under Ordinance or
N o
Dated
Page 14 of 15 0 Item # 30
Attachment number 2
Page 17 of 22
PS- FORM 1€ 01-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX621838
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
therein.
This Rider is and shall be a part of Agreement No. CSX621.838, and is incorporated
1. No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee, without Licensee first giving at least thirty (30) days written notice to the following
Parallel Cable Occupier(s):
("MCI") ATTN: Investigations
Mr. Dean Boyers
WorldcomfMCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan.,
elevation, details and methods of Licensee's proposed construction, and the location of
Occupier(s)' cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing
or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s),
5, Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc,.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s),
Page 15 of 15 o Item # 30
C1SX
TIW- S ORTATION
Attachment number 2
Page 18 of 22
FORM CSXT 7455 -- Rev. 0; 02,'2007 (Page I of 4)
APPLICATION FOR PIPELINE CROSSING/PARALLELISM
All applications are to be submitted in accordance with CSXT's Pipeline Specification
Package. Failure to strictly adhere to these specifications will result in delays, additional costs
and possible return of your application. Drawings should either be 81/`" x 11", x 14" or
1 1" x 17" size (refer to Drawing requirement checklist). CSXT reserves the right to approve or
decline any application.
One original and one copy of this application form, together with plan and profile drawings,
and a $750.00 nonrefundable Review Fee are to be submitted to: CSX Transportation, Inc.,
Property Services Department, J1 80, 500 Water Street, Jacksonville, FL 32202.
DATE RECEIVED
• No work may proceed on CSXT's right of way until the Licensee has received a fully executed agreement and obtained
notice to proceed from CSXT's local Roadmaster or its designee.
• Due to future maintenance responsibilities CSXT will not enter into an agreement with a Developer. It is the
Developer's responsibility to coordinate the application with the local governing municipal authority.
+, ..No verbal approvals will be granted. No Blasting on/under/near CSXT right of way. No Directional Boring.
1.pplicatiou Date: 1Oil6/08
CSXT File/ kgreement Number: : - 1 3,-
?+ectit?n 'Vill line Qwuefa (/reek here if agreement should he inaited k) this adrlres,s
Info
Owner's Complete Legal ---
_ City of Clearwater '
Companv Name:
Conta+wt Name/Title: tMfchael Quillen, P.F.?City Engineer
Lega A€idress: 0 S. Myrtle Avenue
Ci 1State/Zi l Clearwater Florida
??_ 33756
Street address for Overnight
Mail (check if same as legal
address 4:):
Email Address: l michael,quillen@myclearwater.com
cef#lternate Pson
T 727562-4750
' 7'27
5672-4750
E m er enc - No./Fax:
r'l'h (727) 562 49541 727 ) 562-4755
e emergency number is needed in the event of derailment
pipe failure
etc
,
...
,
Tie of Business: (a) Corporation (b) Partnership
(c) Other m
State of lnc.: - Fype: Describe:
? ,? _Mate:
lvtunici
Individual
?7! CtTd?Il 4; ':TI iI1Cl'7 .fi11S711t'r71#t info? - Check here it (7?PPN)t7 ltt SITf)Tf?l?1J (' titl7l{f'tl to th1 v fnhdrF's4
EL7?3lt1Yrr''( onsuls nt - -
:777: P11\ '.-.
confakl
Street Address !',vr
---------
c11 ` Alter°nate Phone:
S _
- Item # 30
Attachment number 2
Page 19 of 22
FORM CSXT 7455 - Rev, OT02%2007 (Page 2 of 4)
Application Date: 10/16/08
CSkT File/.Agreement Number:
Section 3: Rejereore Info
_, -
Your Pro e! Ct R4f ercoee el L81? p
F Cover -? erect by a Mastcr/Cenerratl _
l _Agreexneut:Agreement No: NA Agreement Date: NA
Work to be performed bv: a - Owner's employees ??b) ? Owner's contractor
Type of Installation: ? New _ .: *Revision to € ? - *Attachment to *Upgrade to
-- Existin Existin xistin
I a) * I fa recision, attachment or a ode, yvu must rovide detailed sco e o ro'ect.
[ b) * For existing crq,s, ings;oarallelisms, Furnish co ° o e? Agreement orAgreement Alo.:
Will pipeline connect to an existtn; facility within Railroad corridor? ,..?.. Yes V No
a) lames, ns e of facility ow-ner:. es, descrihe ,r,d show detailc on drawing
Section 4. Pipeline l.ocatiott - - - - -- - -
Ci /Towtt/A`illa ,e: Ciea ater Coun : Pine€las state/Province: J FL
Occupancy Type: ' , Crossing Only Crossing & Parallelism Parallel Only
(Complete Section A or (Complete Sections A or B & C) {Complete Section C)
B) I
A. RR Milepost Location for Crossin non?s ur track _ _-
?....on- *Do not measure from a DOT sign.
Crossm location: --1,108 _ ft. (N; P. W) (direction from RR Mile st: 870
Latitude: N 27 58 39 35 Lon itude: W 82 : A A 7,1i 50
IfKnoown- Vtion Station: lA Valuation laNoNA
S. RR Mile ost Location for Crossin s ur track *Do not measure from a DOT sion.
Spur Tracy Crossing Location: N/A ft. (N i S ; E % W) (direction) from RR Milepost: N/A to paint-of switch,
then: NIA ft, along spur track to crossing location.
Latitude: N NiA : NA Longitude: W N/A NA
If Known: Valuation Station: N/A _ Valuation ita Na.: NIA
C. RR Milepost Location for Parallelism *Do not measure from a DOT sign
Parallelism location Enters CSXT R,VW: N/A ? fL (N.; S ' E W) (direction) froth RR Milepost: N/A__ , and Exits
CSXT R/W; N/A ft, IN SE W) direction from RR Milepost-, N/A --
Latitude: N WA Longitude: W NIA = Entrance
If Known! Val.. Station: MIA Val. !pia No.: N'A Entrance
??
Latitude: ! N N/A Longitude: I W NIA
- -
Exit
Known: Val. Station: Val. Mat) Na WA
=Exit
Crossing Length, 5egrnent - Parallel Length/Segment on RR Rt"W: 151 on RR RfW: NA
Ft.
Will pipeline be located entirelz° within public road R/W ? ? Yes, DOT Crossing No, 526 829 B N
OTE: Road n = e. number, and m dth of l? t,, :rc rr quired can drawing,
i :4gt ?.,
- Item # 30
Attachment number 2
Page 20 of 22
FORM CSXT 7455 - Rev. 07;'02/2007 (Page 3 of 4)
Application Date: 10J16,08 CSXT File/Agreement Number:,-'
li?, t4t ; VtPe Data ' SEtetilcs ?;4ut?:.llrtrrc° ]rr?r?r?n€rtfr?tr rte`Il 4'f)C`ficrirccIT
te€f.) '
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_
PIPE SPEC
CARRIER PIPE,: ? CASING P1Pk
Substance to be conveyed: Reclaimed Water
( Flammable Non-Flammable _ N1?4
Tempera. el. 65F-80F N/A
Maximum Workiu Pressure: 100 N/A
Pipe Material.
- PVC Steel
Material Sp€Citxcatzans & Grade:
AWWA 0900 DR 18 _
ASTM A53 Grade 35
Specified Minimum "Yield Strength: 7,000
m 35,000
Nominal Size:
12" _
24" -I
r -
Wall Thickness:
_ I
0.775
0.375
Type of Seam: Fused Welded
Type of Joints: Fused Welded
Total Length Within C_SXT 154 15,E
If Tunnel Liner Plates: Attach manufacturer's sho deceit and computations that include late thickness ---I gauge,
Location of Shut-Off Valves: Imf '.aK3E' i, Arpmx 180 feet w?uthelsi and s_-ond is 1,11s 1PO ngrthaaest from center line ea track alenq old Coachman Fead
Number of lt1<anholes: NIA Number of Other:
N/A Describe: N/A
_
Manholes shall be flush with to of round anti dimensions of ancillary structures are required on drawin .
Method of Installation: (a) _-/ Bore & Jack -
b) Lather:
Protective Coating: Yes No TCathodic Protection: , Yes
No
Tyre:
T
Temporary track support or ripra ? No
Yes
re uired; if es, describe and show details on drawing,
ion 6_:_R rilrnad t,se t)t --
Divisiori t'• + - - Subdivision: ' vet t'.?`
--
No. of Crossin s: Val. Seq!!o Zia No.:
Absolute Ma No.: PIN No.:
Roadmaster Code: Parcel No.:
Contract Tylae: j _. Fiber:
al Station Crossin -
--):l.ile ost No. Crossin 01
Val. Station Parallelis om: To: ?
Mile t .No. (Parallelism): From:
Milepost No (Spur Track): then ft., a0
Shortline Lease Corridor- Yes No _ orli tline Lease
Track Sold to Shortline: ! Yes _W Nom--?? tits ecto.
En . A rnval Letter e, FDOT Eng. Apt
Project Manager:
_P?roved i
- ------------
Comments:
E't>r?t?F?ui;
)ur tracks to cross?n? location.
at. No.:
u fired: Yes t`
of Ltr.: Yes
Title:
Title. I
0
Item # 30
F
F
S
Attachment number 2
Page 21 of 22
FORM CSXT 7455 -- Rev. 07I0212007 (Page 4 of 4)
CSXT DRAWING REQUIREMENTS FOR PIPELINE CROSSING/PARALL.ELISM
Application Date: 16/16/08
Agreement Number,
measurements are to be clearly labeled an shown on all drawings. All drawings are to be submitted with CSXT-'s
1 pipeline occupancy application form No, 7455. Failure to strictly adhere to these requirements may result in delays, additional costs and
possible return of your application.
Drawings should either be 8Y'x 11", 8Y2" x 14" or 11 " x 17" size. CSXT" reserves the right to approve or decline any application. Gray or
monochrome scale required. Aerial photos must be separate from the drawing.
All applicable boxes must be checked
(Note: Metric Information will NOT be accepted.)
t.egible Dmwltig(s) size 8V, x19, 81? x14 or 11x17. a-` _--
i Overall plan view for parallelisms
-
North Arrow
Title block with owner's legal name, drawing number and date.
r i New pipeline in bold limes.
Distance and direction from CSXT actual milepost monument/marker (not the DOT sign at the road crossing)
Distance and direction from nearest track and public road intersection.
Public road right-of-way lines (if within the confines of a public road crossing). _W
A W
CSXT right-of-way lines relative to centerline of adjacent tracks).
Width of CSXT right of way.
Angle of crossing at track(s), and number of tracks crossed.
Plan View, cross-section and profile of casing and carrier pipes.
F Points where pipeline enters and leaves CSXT's right-ot-way.
Total length of carrier and casing pipe within CSXT right of way._ _
Cross-section of track at encroachment, including relevant dimensions.
1 p Depthiminimum cover of casing pipe measured from:
(j ?5 Top of pipe to bottom of rail
4 U Within the right-of-way but not beneath the track(s)
U Below any ditches
Description of Casing Pipe End Seals ? ? -
Measurement to any manFofe(s}iother(sj frarr nearestiadjacent track(s) and milepost,
Size and location of Vent pipes on cross sectfontprofile drawing (for flammable substance with sealed casino pipe). -
i
Location of shut off valves:
P
(a) Crossings: No further than 2.000 feet from centerline of nearest track; i
Eb Faralie
lisms: Mlhin 2,000 feet of entrance and exit point. of CSXT -fight-of way
i f. orlon of any dSXT sinnals, signet aquipmnnt, r^ d crossing warning device,.. poles V,- ? lines, bridges. and anv other t,,..il 1 relevant to the I
F I-,i€: =wd the IOCL' 7; -n of the pipeline.
rfc -ed getta -.r.', is it r?aqujre rg eatsr
?t 0 way,
f
I 1Y29
Item # 30
Attachment number 2
Page 22 of 22
3-11308d CINV Ned .,y,6f 3
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Item # 30
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 31
Attachment number 1
Page 1 of 5
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;
Item # 31
Attachment number 1
Page 2 of 5
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
Approved as to form:
Laura Mahony
Assistant City Attorney
2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2 Resolution No. 0 # 31
Attachment number 1
Page 3 of 5
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."
3 Resolution No. 0 # 31
Attachment number 1
Page 4 of 5
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,
4 Resolution No. 0 # 31
Attachment number 1
Page 5 of 5
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.
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."
5 Resolution No. O$WM # 31
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/5/2009
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. Acquiring a legal residence, or
domicile, is like becoming a citizen of a particular state who may enjoy benefits 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.
For purposes of this resolution, a non-resident property owner is defined as an individual owning any real property within the City
of Clearwater; title to such property shall be under the individual's name. A non-resident property owner shall not include an entity
registered with the Florida Department of State - Division of Corporations. The applicant's status as a non-resident property owner
may be established by the applicant providing a copy of a deed relating to a piece of real property within the City of Clearwater,
and the validity of such deed may be confirmed by Marina staff verifying the deed information with what is recorded with the
Pinellas County Property Appraiser's Office.
The Lottery:
• 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 April 17, 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.
City residents and non-resident property owners shall be eligible to select slips on a first-come-first-serve basis from April
20, 2009 until May 15, 2009 (only during normal business hours), so long as the city resident or non-resident property owner has
provided the Marina 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 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.
• Beginning May 22, 2009, all Slips still available will be available to everyone, regardless of residency, on hove fvT ome-first-emo
served basis.
Item # 32
If the implementation of a waiting list becomes necessary after May 22, 2009, then city residents shall have first priority in
selection of available Slips, then non-resident property owners shall have priority over non-residents, so long as all interested in
placement on the wait list have provided the Marina a non-refundable, $250.00 deposit.
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.
However, 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.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 32
Attachment number 1
Page 1 of 3
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.
b. For purposes of this resolution, a city resident is defined as an
individual that has manifested an intention to make the City of
ResolutionlNo &9 ;
Attachment number 1
Page 2 of 3
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, or a copy of the
applicant's current 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, only city residents shall be able
to select Slips on a first-come-first-served basis from March 16,
2009 until April 17, 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. City residents and non-resident property owners shall be eligible
to select slips on a first-come-first-served basis from April 20,
2009 until May 15, 2009 (only during normal business hours), sc
long as the city resident or non-resident property owner has
provided the Marina a deposit equal to the first month's slip rent.
e. For purposes of this resolution, a non-resident property owner is
defined as an individual owning any real property within the City
of Clearwater; title to such property shall be under the
individual's name. A non-resident property owner shall not
include an entity registered with the Florida Department of State
- Division of Corporations. The applicant's status a non-resident
property owner may be established by the applicant providing a
copy of a deed relating to a piece of real property within the City
of Clearwater, and the validity of such deed may be confirmed by
Marina staff verifying the deed information with what is recorded
with the Pinellas County Property Appraiser's Office.
f. 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.
CL Beginning May 22, 2009, all Slips still available will be available
to everyone, regardless of residency or real property ownership,
on a first-come-first-served basis.
h. If the implementation of a waiting list becomes necessary after
May 22, 2009, then city residents shall have first priority in
selection of available Slips, then non-resident property owners ItNem?
Resolution o
Attachment number 1
Page 3 of 3
shall have priority over non-residents, so long as all interested in
placement on the wait list have provided the Marina a non-
refundable, $250.00 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. However, 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.
PASSED AND ADOPTED this day of
Approved as to form:
Camilo A. Soto
Assistant City Attorney
2009
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
ResolutionlNo &9 ;
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint two members 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: 2
Meeting Date:3/5/2009
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)
2. Todd N. Fontechia - 1511 Ridge Top Way, 33765 - Industrial Engineer
Original Appointment: 04/19/07
Resigned 03/02/09 - (was serving 1st term until 04/30/2011)
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
1 at 33765
1 at 33767
Review Approval: 1) Clerk
Cover Memo
Item # 33
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAF CLI=lVf t)
(Must be Clearwater resident)
MAR 0 7 2008
Name: Thomas D Black
F'FrCrAL RfCORMS At?b
Home Address: Office Address: 41FG1SLAT1VE5RVCS pEfT
2630 W Grand Reserve Cir, APT 816 6225 Ulmerton Road
Clearwater, FL Zip 33759
Telephone: (727) 669-5756
Cell Phone: (505) 749-6969
Clearwater, FL Zip 33759
Telephone: (727) 531-2080
E-mail Address: enmpsl(a-)-earthlink.net
How long a resident of Clearwater? 1 year 3 months
Occupation: USAFR / Aviation Industry
Field of Education:
M.S. Aeronautical Science
B.S. Professional Aeronautics
Employer: USAFR / National Aviation Academy
Other Work Experience:
FAA licensed pilot, FAA licensed mechanic
managed flight school, owned & operated
A.A.S Aviation Operations FAA testing center, and worked for an airline.
If retired, former occupation: NA
Community Activities: Current member of the Civil Air Patrol
Other Interests: Disk Jockey, Teaching,
Board Service (current and past):
Board Preference:
Additional Comments:
Signed: Date: ??
aOO?'
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Item # 33
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Attachment number 1
Page 2 of 2
Oversee airpark operations promote and foster a good relationship with the community surrounding
the airport.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Yes
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I have a vast knowledge of the aviation industry and excellent communication skills.
4. Why do you want to serve on this Board?
I would like to be a part of the team that builds and maintains a good rapport with the
airpark's neighbors.
Name: Thomas D Black
Board Name: Airpark Advisory Council
Item # 33
Attachment number 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ".51. el e s% x
Home Address:
Office Address:
e.9 Z'/A-1C 1N1l19%
7 zip X?-3
Telephone: 7.2 7 ::,F D .919
How long a resident of Clearwater? v7 ,Z?fS
Occupation:
Zip
Telephone:
0 211,1 h`D /V 4 02 7 YIPS'
Employer: rO rJxl
Field of Education:
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If retired, former occupation:
Community Activities: SZ-L,e?'Gr/ylA41
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Other Work Experience:
Other Interests: NL111_r cJEI/?/P/?? f-/&, v 5z-'s
Board Service (current and past):
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Board Preference:
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Additional Comments: ,/97 EW?D d /=
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Signed:
Date: g; ,7 / J_ _ o? a O
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
? AWN
NOV 2 5 2008
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Item # 33
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1, What is your understanding of the board's duties and responsibilities?
e /Ty?.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
'o/ A'? 5 -/? s'ZLW t11'6 r- D AV e 6,eA?',W1
/2? ,Oz/ t3 Ti5<?"/P ?3al?iP,O l?n?D
4. Why do you want to serve on this Board?
?.C L 1,C- . ,? //c- /'-1-0 6-5 I ?1 e- 1??•?? d /?-"::--'
s,,Ye !/.4,o W.' A11,4 L //?C•- Td .SC/PIAL= O Aj
16,3,o",05' 19AI0 6'd,,Y ?TT?S
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Name: Zo,
Board Name: Alyyl'0-0, 7- 0,4
Item # 33
Attachment number 3
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISO
(must be Clearwater resident)
Name: Paul E. Lightfoot
Home Address:
3102 Eagles Landing Circle West
Clearwater, FL Zip 33761
Telephone: 727-744-1728
How long a resident of Clearwater? 16 years
Occupation: Financial Advisor
Field of Education:
Business Administration
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
Office Address:
NC_ 2008
18167 US Hwy 19 North, Sur _.
Clearwater, FL Zip 33764
Telephone: 727-507-2573
Employer: UBS Financial Services, Inc.
Other Work Experience:
Business Owner (Wholesale Pluming)
Corporate Executive (Manufacturing)
Board Preference:
Private & Corporate Board of Director
Not for Profit Board of Director
Additional Comments: Hold Private Multi Engine Pilot License
Merchant Marine Master Licensed
TWIC Program Registered
Signe S. -e Date: November 17, 2008
See attached list for boards that re uire financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
1 # 3
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Attachment number 3
Page 2 of 2
BOARD QUESTIONNAIRE
What is your understanding of the board's duties and responsibilities?
To offer insight & support to the Marine & Aviation Department Management.
2. Have you ever observed a board meeting either in person or on C-View the
City's TV station?
Yes, I have attended a Marine Advisory Board meeting.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I am a Licensed Multi Engine Fixed wing Aircraft Pilot, sense 1980.
1 carry a Merchant Marine Master Steam or Power Vessel License, and TWIC
Program registered. I am also a member of NACO. I have served on
Corporate, Private and Not for Profit Boards.
4. Why do you want to serve on this Board?
To work proactively for the best interest of our Community, Marine,
Aviation and Tourism Industry.
:Paul E. Lig tf o
Board Name:
Item # 33
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 34
' l City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/5/2009
Cover Memo
Item # 35