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05/18/2009WORK SESSION AGENDA Council Chambers - City Hall 5/18/2009 - 9:00 AM 1. Presentations 1.1 Service Awards B Attachments 2. Fire Department 2.1 Award a purchase order (contract) to Ward Diesel Filter Systems, Elmira, New York, in an amount not to exceed $121,436.00 for the purchase of fourteen No Smoke diesel exhaust removal systems (including installation), in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment, and that appropriate officials be authorized to execute same. (consent) Attachments 3. Financial Services 3.1 Approve transfer of $2.6 million dollars from unrestricted net assets (reserves) in the below listed funds to Special Revenue Project 181-99874 to cover the costs of early retirement incentive packages. Attachments 4. Marine and Aviation 4.1 Approve the Conditional Assignment of Lease of the marina Bait House from the current lessee, Charles J. and Sandra Pollick d/b/a Bait House to Justin Pfaelzer d/b/a Clearwater Angler, L.L.C. with no changes in the existing lease and authorize the appropriate officials to execute same. (consent) Attnchmentc 4.2 Approve the Lease Agreement between the City of Clearwater and Bruce Littler, Inc., for Rooms 2, 2a and 3 at the City Marina, for a two (2) year period with a flat three percent (3%) annual Consumer Price Index increase and authorize the appropriate officials to execute same. (consent) Attachments 5. Solid Waste/General Support Services 5.1 Continue 1st Reading of Ordinance 8025-09 to June 4, 2009 Attachments 5.2 Award a contract (purchase order) for $155,941.00 to Container Systems Equipment Company of Daytona Beach, Florida, for one 2009 International Chassis with GS Products 5035D 33 cubic yard Recycling Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of Clearwater Bid 13-09, authorize lease purchase under the City's master lease agreement and authorize the appropriate officials to execute same. (consent) Attachments 6. Engineering 6.1 Award a contract to Clark Hunt Construction of Clearwater, Florida, for the construction of the Beach Connector Trail project Phases I and II(04-0042-EN) in the amount of $898,577.99, which is the lowest responsible bid received in accordance with plans and specifications; approve purchase orders for trail amenities that are not grant related thus require a budget amendment: Swartz Associates of Tampa, Fl, in the amount of $4,832.20 for miscellaneous trail amenities, Shade System of Ocala, Fl in the amount $95,342.40 for stainless steel shade shelters, and Grosz Construction Inc. of Tampa, Fl in the amount of $18,950 for the installation of shade shelters, authorize the appropriate authorities to execute same and approve transfer of funds for miscellaneous costs of the project in the amount of $103,029.68. (consent) Attachments 6.2 Award the 2008 Street Resurfacing Contract (08-0015-EN) to Ajax Paving Industries of Nokomis, Florida, for the sum of $969,457.50 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) 2 Attachments 6.3 Accept an 8,214 square foot Reclaimed Water Main and Utilities Easement to encumber a portion of Tract "A" of A REPLAT OF A PART OF THE TOWN OF BELLEAIR, PINELLAS COUNTY, FLORIDA, conveyed by the Belleview Biltmore Country Club Corporation in consideration of receipt of $10.00 and the benefits to be derived therefrom. (Consent) Attachments 6.4 Approve a Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater in the amount of $1,392,000 for the construction of bike lanes on East Avenue, and adopt Resolution 09-24. Attachments 6.5 Approve entering into an agreement with the Florida Department of Transportation (FDOT), FPN 256881 1 52 01, to fund the construction of Phase II of the Tropic Hills drainage improvements in the amount of $1,114,000, and adopt Resolution 09-26. Attachments 6.6 Accept a Water Main and Utilities Easement containing 6,750 square feet, more or less, to encumber the North 14.96 feet of TRACT "H" COMMON AREA, CLEARWATER VILLAGE - PHASE ONE, together with the North 15 feet of Lot 9, E. A. MARSHALL'S SUBDIVISION, less the East 39 feet, thereof, jointly conveyed by Clearwater Village, L. C., a Florida limited liability company and Clearwater Village Homeowners' Association, Inc., a Florida not for profit corporation, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 7. Planning 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1935 Old Coachman Road (Lot 10, Block A, Sunset Point Estates in Section 6, Township 29 South, Range 16 East); and Pass Ordinances 8050-09, 8051-09, and 8052-09 on first reading. (ANX2009-01003) Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3012 Glen Oak Avenue North (Lot 23, Block C, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 8053-09, 8054-09, and 8055-09 on first reading. (ANX2009-02004) Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 918 Moss Avenue (Lot 1, Block F, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 8056-09, 8057-09, and 8058-09 on first reading. (ANX2009-02005) Attachments 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1831 Beverly Circle North (Lot 1, Lake Lela Manor First Addition in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8062- 09, 8063-09 and 8064-09 on first reading.(ANX2009-02006) Attachments 7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1927 Summit Drive (Lot 94, Skyline Groves in Section 6, Township 29 South, Range 16 East); and Pass Ordinances 8065-09, 8066-09 and 8067-09 on first reading. (ANX2009-03007) Attachments 7.6 Approve amendments to the Community Development Code to implement school concurrency, and Pass Ordinance 8028-09 on first reading. (TA2009-01001) Attachments 7.7 Approve amendments to the Community Development Code renaming sidewalk cafes to outdoor cafes and revising provisions related to such cafes on private property, as well as in the public right-of-way, and Pass Ordinance 8042-09 on first reading. (TA2009-01003) Attachments 8. Legal 8.1 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 Attachments 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports Attachments 10. Other Council Action 10.1 Other Council Action Attachments 11. Adjourn 12. Presentation(s) for Council Meeting 12.1 Home of the Year and Neighborhood of the Year Awards Attachments Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Jesus Nunez Christopher Nelson James Westerman Jeffrey Wallace Nancy Oakley Patrick Zulla 10 Years of Service Brian Langille Melissa Jackson Robert Pagano Sylvia Walls Randy Higgins 15 Years of Service Adam Athan Geraldine Blakley Jon Marcin Nathan Ballouz Scott Shore Louise Schult Gregory Smith Roberto Beruvides Laura Spelman Todd Johnson Carl Conyers 20 Years of Service Todd Voigt Vickie Davenport Scott Paulk Mark Beaudette Fontayne Egger Luis Acosta 25 Years of Service Donald Hall 35 Years of Service Margo Walbolt Library Fire Fire Fire Parks & Recreation Public Services Gas Library Library Police Solid Waste Parks & Recreation Public Utilities/WPC Finance/Risk Management Fire Fire Police Police Police Police Police Police Public Utilities/Water Dist. Human Resources Parks & Recreation Police Police Public Utilities/WPC Police Parks & Recreation Employee of the Month Daniel Rivera Solid Waste Ron Melton Marine & Aviation Cover Memo Review Approval: 1) Clerk Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a purchase order (contract) to Ward Diesel Filter Systems, Elmira, New York, in an amount not to exceed $121,436.00 for the purchase of fourteen No Smoke diesel exhaust removal systems (including installation), in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment, and that appropriate officials be authorized to execute same. (consent) SUMMARY: The National Institute for Occupational Safety & Health (NIOSH) and the US Occupational Safety & Health Administration (OSHA) have declared human exposure to diesel exhaust as a potential occupational carcinogenic hazard. The purchase and installation of truck mounted exhaust extraction systems will reduce personnel exposure to exhaust at stations and/or incident locations. The purchase of vehicle-mounted exhaust removal systems is less expensive than purchasing hose systems as it requires no alteration to the facility. It is self- contained on the apparatus and does not require the installation of hose raceways, ducts, filters and blowers. This program will provide for the standardization of our fleet of apparatus. Eight (8) vehicles already have the vehicle-mounted system and this system allows flexibility in vehicle location. Hose installation can limit which apparatus utilizes a particular bay. It would eliminate any redundancy of systems for those apparatus already equipped with an exhaust removal system. The department plans to purchase 14 new units to install on the remainder of the fleet of diesel vehicles. The purchase of vehicle-mounted exhaust removal systems will (benefits): o Provide a safe environment for our employees and the community that frequents our facilities. This system meets the standards set forth by OSHA, NIOSH, and NFPA for particulate extraction. o Allow us to provide protection from harmful exhaust soot while out of the station, on the scene, with manual activation of the system. o Eliminate the need for building modifications or the manual connection of a hanging hose. It further eliminates the possibility of damage to the vehicle, system, or building with no external hose connections. o Not eliminate any compartment space on the apparatus and does not affect the engine performance. Additionally, it does not void any manufacturer warranty on the apparatus. Based on hours of usage, filters may need to be changed approximately every two years. The filters are not disposable, but are regenerated after removal and prepared for re-installation. Current filter replacement cost is $295.00 subject to increases based on the consumer price index. o Our Fleet personnel, following a familiarization class provided by the manufacturer, will complete this filter change. They will also be able to troubleshoot any other maintenance issues should they arise. o Vehicles manufactured after 2007 are required to meet EPA standards for partial particulate removal. This does not however meet NIOSH, OSHA, or NFPA standards and would still require the use of an exhaust removal system. The EPA requirement is met by the newer engines burning hotter and eliminating some of the harmful soot internally. The vehicle-mounted system would remove the remaining exhaust and in turn require less frequent filter changes and reduced maintenance costs. Sufficient funding exists in CIP project 315-91255 Exhaust Systems. Funding will be partially reimbursed by Pinellas (QpyA%,?§ the equipment will help serve any unincorporated resident of the Clearwater Fire District. Item # 2 Type: Purchase Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: 121,436.00 Not to Exceed: 121,436.00 For Fiscal Year: 10/01/2008 to 09/30/2009 Appropriation Code Amount 0-315-91255-564000-522- 121,436.00 000-0000 Budget Adjustment: No Annual Operating Cost: 4,200.00 Total Cost: 121,436.00 Appropriation Comment Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Sole Source Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) Clerk 8) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 5 CONTRACT THIS CONTRACT is made and entered into this day of 2009, by and between the CITY OF CLEARWATER, a FLORIDA MUNICIPAL CORPORATION organized under the laws of the State of Florida ("City" hereinafter) and MEIER DIESEL FILTERS, INC. d/b/a WARD DIESEL FILTER SYSTEMS ("Company" hereinafter). Section One: Scope of Services Company shall furnish fourteen (14) installations of the "NO SMOKE" diesel exhaust removal system, all in accordance with such plans, specifications heretofore received by Company, the said plans, specifications being expressly incorporated herein by reference. SPECIFICATIONS FOR VEHICLE EXHAUST REMOVAL SYSTEM The intent of these specifications is to define a device, system, method, etc. (hereafter referred to as "system") that will contain (extract) the toxic particulate (soot) being emitted from internal combustion engines and meet all applicable federal, state, and local standards. Apparatus-mounted does not require more than one system to fully protect your firefighters. For example, hanging hoses require firefighters to inhale the toxic particulate when hooking up the hose. SYSTEM OPERATION The system shall remove all visible smoke from the exhaust for an adjustable time period of 10 to 99 seconds after the vehicle starts. This is to provide ample time to start the vehicle and move away from the building. The time of filter operation shall be easily set by a mechanic or service person with common tools. The system shall also remove all visible smoke from the exhaust whenever the vehicle is in reverse gear. After the vehicle's transmission is shifted out of reverse gear, the system will continue in the filter mode for the pre-set time period. This will provide ample time to back the vehicle into the building and shut it off. The system shall be completely automatic, not requiring action by any personnel at any time, with the exception of "normal maintenance." However, a manual override option is available to allow operation for service or special purposes. Normal functioning of the system is in no way detrimental to the operation of the vehicle. Further, the system shall protect the engine by automatically preventing itself from activating when back pressure exceeds 1.8 PSI. At 1.5 PSI an indicator light on the cab dash shows that the filter requires changing. An operator or mechanic can quickly and easily remove the used filter and exchange it with a replacement filter. Pagdtem # 2 Attachment number 1 Page 2 of 5 SYSTEM COMPONENTS The system shall consist of a filter, a diverter unit and an electronic control module, all of which are completely self-contained on the vehicle. Therefore, the system may be operated at any time, regardless of the vehicle's location. The filter shall be made of a porous ceramic material measuring 11.25 inches in diameter and 14 inches long, designed and manufactured specifically to filter soot from diesel exhaust for a minimum of 30 filter operating hours. The filter is encased in stainless steel with a high-temperature cushioning material between the ceramic and stainless steel. The filter is installed using four tie rods with hex nuts so that it can be removed with no special tools. The ceramic filter shall be capable of being regenerated indefinitely by the equipment provider at a nominal cost, assuming that no physical damage to the filter is incurred. Current filter replacement cost is $295.00 subject to increases based on the consumer price index. All filters are shipped in special containers provided by the system supplier. The diverter unit shall be installed in the existing exhaust pipe and shall direct the engine exhaust either through the filter element or through the muffler. The diverter is operated by a double acting air cylinder controlled by an electrically activated, four-way, single solenoid valve. The electronic control module, which drives the diverter unit, features a circuit board housed in a small (5" x 6" x 8") metal enclosure. This is conveniently mounted for access. The circuit board holds the timer control where the duration of the filter cycle is set. The board also features a series of LED lights that monitor each function of the system. An hour meter mounted in the electronic control module is designed to be used as a guide to determine when a filter is nearing replacement. (See Estimating Filter Life). System installation shall be completed and tested at the customer's location, or the provider's location as determined in the original purchase order agreement. Additionally, the provider will explain the operation and maintenance of the system to the personnel who will be responsible for routine maintenance. A written warranty will be provided to ensure that the system is free from defects in materials and workmanship for a period of one (1) year from the date of installation. ESTIMATING FILTER LIFE There are many variables to be considered when estimating how long a filter will last before requiring regeneration. These include: • Number of times the system is activated Timer setting Design, age and condition of engine Page terry # 2 Attachment number 1 Page 3 of 5 • Operator starting and driving practices Injector timing • Chemical content of the fuel For example, a modern heavy-duty 2-cycle engine in reasonably good condition would require the filter be changed after about 30 hours of filter use. For a 4-cycle engine, everything else being equal, 60 hours could be expected. For a small diesel Suburban type vehicle, you could expect 60 hours. Example of how to estimate the number of cycles before needing regeneration: If a 2-cycle engine has the filter timer set at 45 seconds, the filter life, based on 30 hours capacity, equals about 2,400 filter operations. (30 hrs. equals 108,000 secs. divided by 45-secs. filter cycle equals 2,400). A 4-cycle engine under the same conditions should expect 4,800 cycles. Of course the number of cycles will depend on the variables of each vehicle. Section Two: Contract Price: Change Orders City agrees to pay to Company for such services the full sum of eight thousand six hundred and seventy four dollars ($8,674.00) for each system, (the "Contract Price" hereinafter), which such Contract Price shall be paid within thirty (30) days after the City's receipt of Company's invoice after each system is installed. $8,674.00 ea. x 14 = $121,436.00 Contract Price No change orders or other deviations from the contract Price shall be accepted or processed for payment, unless set forth in writing, and approved by the City's Representative. Section Three: Term of Contract; Starting/Completion Dates The date of commencement shall be as soon as reasonably possible. The completion of the work shall be achieved by: Ninety (90) to one hundred & twenty (120) working days from receipt of contract. Installations take approximately 1.5 days per vehicle. Installations should take approximately 20 to 25 business days for the 14 vehicles. Section Four: Status as Independent Contractor; Employee Responsibilities Company is an independent contractor hereunder, and as such City assumes no liability for or responsibility to any of Company's employees. Further, Company shall exercise complete authority over all such employees. Page terry # 2 Attachment number 1 Page 4 of 5 Section Five: Insurance; Indemnification During the term of this Contract, Company shall carry and maintain in full force and effect comprehensive liability insurance coverage in an amount not less than Two Million Dollars and no 00/100 ($2,000,000.00). Section Six: Compliance with Law Company shall comply with all applicable Workers' Compensation employer's liability and all other federal, state, county and municipal laws, ordinances, rules and regulations. Section Seven: Warranty The contractor warrants that the systems will be manufactured and installed free from defects in material and workmanship for a period of one (1) year. Company will train the City's fleet repair personnel in the operation and basic servicing of the NO SMOKE diesel exhaust removal systems. Section Eight: Venue Any cause of action arising out of the contract shall be tried solely in Pinellas County, Florida. Page tem # 2 Attachment number 1 Page 5 of 5 "CITY" CITY OF CLEARWATER Signature Page for No Smoke Purchase 2009 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Robert J. Surette Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk "COMPANY" MEIER DIESEL FILTERS, INC. d/b/a WARD DIESEL FILTER SYSTEMS By Scott H. Beecher Vice President / Sales & Marketing Page terry # 2 Attachment number 2 Page 1 of 1 DIESEL FILTER a0 SK 1 M ? Ward Diesel Filter Systems 133 Philo Road West Elmira, NY 14903 Phone: 800-845-4665 Fax: 607-739-7092 To: Clearwater Fire Department 610 Franklin Street Clearwater, FL 33756 Attention: Douglas Swartz, Assistant Chief Date: April 15, 2009 Quotation #: 7049R1 Quotation valid until: July 14, 2009 Prepared by: LJM Quantity Description Per Unit Price Total Price 14 NO SMOKE diesel exhaust removal systems, installed, $8,674.00 $121,436.00 excluding taxes' 'Price is based on the installation of twenty-four (24) systems. As a user with ten (10) existing systems in service, the price above reflects the multiple system discount. Warranty: One (1) year. End User: Clearwater Fire Department Terms: Net upon completion Notes: Proposal does not include bid and/or performance bond cost. TOTAL $121,436.00 Scott H. Beecher Item # 2 Attachment number 3 Page 1 of 1 A DIESEL FILTER S'YS'TEMS May 4, 2009 Clearwater Fire Department Station 45 610 Franklin Street Clearwater, FL 33756 Attention: Douglas Swartz, Assistant Chief Dear Assistant Chief Swartz: 133 Philo Road West Elmira, NY 14903 Phone: 300-845-4665 Fax: 607-739-7092 www.warddiesel.com Ward Diesel Filter is the sole manufacturer and sole distributor of the "PATENTED" "NO SMOKE" diesel filtration system granted by the United States Government pursuant to Patent Number 4,803,838 dated February 14, 1989. No other company or individual has been licensed to manufacture or market an identical or similar system that is permanently mounted to a vehicle within the fire industry. Installation of the system(s) is completed by Ward Diesel service technician(s) on all new installations at the manufacturer facilities. As a retrofit assembly, the installation is completed at the fire department. If you have any additional questions, do not hesitate to contact me. Very truly yours, Scott H. Beecher Scott H. Beecher Vice President / Sales & Marketing WARD DIESEL FILTER SYSTEMS DIESEL FILTER Lk\ ?0 t Item # 2 PATENTED Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve transfer of $2.6 million dollars from unrestricted net assets (reserves) in the below listed funds to Special Revenue Project 181 99874 to cover the costs of early retirement incentive packages. SUMMARY: In an effort to reduce costs and enhance savings for the future, City Council approved a retirement incentive package on March 16, 2009, to offer to employees that were retirement eligible or retiring due to position eliminations. 56 employees responded and have accepted the City's offer. Staff is asking for $2.6 million dollars to be transferred from unrestricted net assets to special programs project 181-99874 to fund these costs. The breakdown is as follows... General Fund $1,881,000 Marina Fund (fund from General Fund) $ 30,000 Water & Sewer Fund $ 123,000 Gas Fund $ 187,000 Solid Waste Fund $ 51,000 Stormwater Fund $ 47,000 General Services Fund $ 95,000 Fleet Services Fund $ 51,000 Administrative Services Fund $ 135,000 Total $2,600,000 All Funds have adequate unrestricted net assets to fund the incentive costs and payouts with the exception of the Marina Fund. We are asking to fund that cost from the General Fu nd. RETIREMENT INCENTIVE PROGRAM Number of employees who have taken advantage of the program 56 ¦ SAMP 1-3 8 ¦ SAMP 4-6 10 ¦ CWA 30 ¦ FOP 3 ¦ IAFF 5 Cover Memo Approx. amount of incentive money to be paid $806,000 Approx. amount of severance to be paid $164,000 Item # 3 Approx. amount of sick/vacation/bonus days/accrued leave $1,630,000* Approx. Total Payout for the retiring employees $2,600,000 * The sick leave/vacation payouts would have been paid out at retirement even if the City had not offered this program. Total Annual Salary/*Benefits of the 56 retiring employees $3,651,000 Projected number of retiree positions to be abolished 24 Total Annual Salary/*Benefits of positions to be abolished $1,618,000 Projected number of retiree positions to be downgraded 4 Salary/*Benefits Costs to backfill remaining retiree positions $1,435,000 The result will be an approximate permanent savings of $2,216,000 *Approx. $630,000 was from Enterprise Fund Departments Employees retiring on or before 5/22/2009 35 Total Annual Salary of pre-June retirees $1,812,000 Potential estimated salary/benefits savings for last quarter $ 544,000 for FY 08-09 for pre-June retirees A quarterly amendment will move funds from unrestricted net assets (reserves) in each identified fund to Project 181-99874. Any balance remaining in the project after all payments have been made will be transferred back to the appropriate contributing fund. Appropriation Code Amount Appropriation Comment 181-99874 $2,500,000 transfer from reserves Review 1) Financial Services 2) Office of Management and Budget 3) Financial Services 4) Financial Services 5) Office of Approval: Management and Budget 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 3 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Conditional Assignment of Lease of the marina Bait House from the current lessee, Charles J. and Sandra Pollick d/b/a Bait House to Justin Pfaelzer d/b/a Clearwater Angler, L.L.C. with no changes in the existing lease and authorize the appropriate officials to execute same. (consent) SUMMARY: Mr. and Mrs. Chuck Pollick, lease tenants of the Bait House, have requested the consent of the City of Clearwater to assign the existing Lease Agreement dated May 1, 2007 to Justin Pfaelzer, d/b/a Clearwater Angler, L.L.C. Assignment of the existing lease is permitted with the City's consent in Section 4, page 3 of the existing lease. Upon assignment, Clearwater Angler, L.L.C. as lessee would act as the sole operator for the daily operation of marina bait house in accordance with the responsibilities outlined in the current lease. The current lease has 5 months remaining on its initial term that continues through September 30, 2009. At that time the Lessee, with the Lessor's consent, may renew the lease agreement for two years in accordance with the terms and conditions offered other lease renewals in the Municipal Marina. While this action makes no changes to the existing lease terms or conditions, the new owner plans to personally be on premise overseeing the daily operations, not an absentee owner. He has been working toward a well thought out business plan to build up inshore fishing services/supplies for the past year and has reached an agreement with the Pollicks to buy out their interest. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 2 CONDITIONAL ASSIGNMENT OF LEASE In consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the undersigned, Charles J. Pollick and Sandra Pollick, d/b/a Bait House, hereby sells, transfers and assigns all of its right, title, and interest in and to that certain lease dated the 1 st day of May, 2007 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Lessor, and the undersigned, as Lessee, to Justin Pfaelzer, d/b/a Clearwater Angler, L.L.C., effective as of May 07, 2009 which said lease covers Slip Number 153, including the 70' by 14' dock abutting the north side of Slip Number 152, located on Lot 10 of CITY PARK SUBDIVISION, Clearwater Beach, Clearwater, Florida. IN WITNESS WHEREOF, Charles J. Pollick and Sandra Pollick, d/b/a Bait House through its offices have caused this instrument to be executed this day of .2009. Witnesses: Bait House Charles J. Pollick Sandra Pollick This Assignment of Lease is conditional upon approval of the Clearwater City Council. CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE The undersigned, Justin Pfaelzer, d/b/a Clearwater Angler, L.L.C., in consideration of the above and foregoing Assignment of Lease to them, and in further consideration of the consent thereto by the City of Clearwater, Florida, hereby assume and agree to perform each and every covenant and obligation of said Charles J. Pollick and Sandra Pollick, d/b/a Bait House accruing under the Lease, effective as of May 07, 2009, and for the remainder of the term thereof. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2009. Witnesses: Clearwater Angler, L.L.C. Justin Pfaelzer Conditional Assignment of Lease - Clearwater Angler, L.L.C. Item # 4 Attachment number 1 Page 2 of 2 CONSENT TO ASSIGNMENT The CITY OF CLEARWATER, FLORIDA, a municipal corporation, the Lessor in the above described lease agreement, hereby consents to the foregoing assignment thereof from Charles J. Pollick and Sandra Pollick, d/b/a Bait House and releases same from any further obligation to the City of Clearwater. IN WITNESS WHEREOF, this consent has been signed by and through the proper officials of said Municipal Corporation, this day of 2009. Countersigned: Frank Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Conditional Assignment of Lease - Clearwater Angler, L.L.C. Item # 4 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Lease Agreement between the City of Clearwater and Bruce Littler, Inc., for Rooms 2, 2a and 3 at the City Marina, for a two (2) year period with a flat three percent (3%) annual Consumer Price Index increase and authorize the appropriate officials to execute same. (consent) SUMMARY: The current lease terminated April 30, 2009. Mr. Littler requested the Consumer Price Index (CPI) charge not exceed three percent. Legal reviewed the lease and agreed to the three percent Consumer Price Index provided it be a flat three percent. Mr. Littler agreed to those terms. The lessee pays $1,453.34 each month plus tax for rooms 2, 2a and 3, as well as yearly CPI increases each January l't. The CPI increase last year was 5.2% and was a hardship according to Marina tenants. In addition to the monthly rental, at the end of each lease year the Lessee pays an additional amount equal to five (5) percent of yearly gross sales exceeding $500,000 throughout the term of the lease. The City has not received any revenue from Mr. Littler for these rooms from gross sales over the past several years. The sales have not exceeded $210,348, with an average $204,108 the last three years. The Lessees are also responsible for all improvements to the space, maintenance, insurance, taxes (including property taxes) and utilities. The nautical shop is 1336 square feet. The Lessee is paying $13.08 per square foot as of January 2009. Review 1) Public Works Administration 2) Financial Services 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 11 LEASE AGREEMENT THIS LE ASE AG RE E ME NT, made and entered into this of '2009, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Lessor", and Bruce Littler, Inc., a Florida corporation, Room 2, 2A and 3, 25 Causeway Boulevard Clearwater, Florida 33767, hereinafter referred to as "Lessee." That in consideration of the covenants herein contained of the granting of this lease and the sums paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor according to the terms, conditions and covenants herein contained the following described premises in the City of Clearwater, Pinellas County, Florida, to wit: See attached Exhibit "A" THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS: 1. The term of this lease shall be for two (2), one (1) year lease renewals beginning, May 1, 2009, and ending, April 30, 2011. The Lessor retains the right to terminate this lease for any municipal need consistent with the Lessor's charter, as well as failure to pay rent in a timely manner or change in use of the property. In addition, Lessor may terminate this lease if the State of Florida or any of its agencies or political subdivisions thereof acquire the demised property or any portion thereof for a public purpose. This right of termination is in addition to the right of termination set out in paragraph 14 of this Agreement. 2. The Lessee hereby covenants and agrees to pay rental thereof as follows. a) To pay the total sum of $34,880.16 plus tax for the twenty-four month term of this lease, which shall be paid in equal monthly payments of $1,453.34 plus tax. Each monthly payment shall be due and payable on the first day of the month, and shall be delinquent if not paid on or before the fifth day of the month. The Lessee will provide the Lessor within 30 days after the end of each month during the term of this lease a copy of the amount of gross sales being reported during the month as evidence by a copy of the monthly State Sales Tax return Also, a flat 3% consumer price index (CPI) increase will be added to the rent payment on January 1st of each year of the lease. The In addition to the monthly rental, the Lessee shall, at the end of each calendar year of the lease, pay an additional amount equal to 5% of Item # 5 Attachment number 1 Page 2 of 11 yearly gross sales exceeding $500,000 throughout the term of this lease. The term "Gross Sales" means the entire amount of actual sales, whether for cash or otherwise, of all sales of merchandise sold iry on or from the premises. This payment will be made within 30 days of January 1st in each year of the lease and will be submitted with certification of annual gross sales as reported by State Sales Tax returns. b) Any amount due from Lessee to Lessor under this lease which is not paid before the day the payment becomes delinquent shall bear interest at the rate of fourteen (14%) percent per anum from date due until paid plus a late charge of Ten Dollars ($10.00) to cover Lessor's expenses in collecting such delinquency. C) In addition to the first month's rent of $1,453.34 plus tax, which is due and payable on the first day of the lease, the Lessee shall pay $283.93 in advance as a deposit including tax to secure the faithful performance of the Lessee's obligations hereunder. The Lessor may deduct from the deposit any amount that might become due from the Lessee to the Lessor for damage to the premises or for any reason or cause whatsoever except rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last monthly rental payment. 3. The demised premises shall be used only for the purpose of conducting therein the business of selling antiques, marine supplies, collectibles, furniture, decor, new and used boat sales, nautical clothing, accessories, shoes, gifts, jewelry, vintage fishing tackle and accessories, marine related products and real estate. 4. The Lessee hereby covenants and agrees to make no unlawful, improper, or offensive use of the leased premises. Lessee further covenants and agrees not to assigry mortgage, pledge, hypothecate or sublet this lease or any of its right herein in whole or in part without the prior written consent of Lessor. The consent of Lessor to any assignment, mortgaging, pledging, hypothecating or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating or subletting. If this lease is assigned or if the premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or occupant, and apply the net amount collected to the rent herein required but no such occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained If at any time during the term of this lease, any part or all of the corporate shares of Lessee shall be transferred by Item # 5 Attachment number 1 Page 3 of 11 sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Lessee by the person, persons or entity which presently is the ultimate owner of a maj ority of such corporate shares on the date of this leases, Lessee shall promptly notify Lessor in writing of such change. If the new owner is a private or public corporation, Lessor shall promptly advise Lessee if it has any objections thereto and the reasons therefor. Lessor may terminate this lease any time after such change in control by giving Lessee thirty (30) days prior written notice of such tem-iination Lessee shall not permit any business to be operated in or from the premises by any concessionaire or Licensee. 5. Lessee agrees that it will promptly pay all ad valorem real property taxes and personal property taxes that maybe assessed and filed against the demised property or the leasehold created by this agreement, or both, during the term of this lease. Lessee further agrees that it will pay any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes and fees, including, but not limited to, occupational license, beverage license, and permits relating the operation of the business conducted on the demised premises, which are required by law Nothing herein shall obligate Lessee to pay or to reimburse Lessor for the payment of assessments for permanent improvements, including but not limited to sidev%, c , sewers, and streets, that vmuld benefit the demised premises. 6. The Lessee hereby covenants and agrees to pay all bills for electrical service to the premises when due to Progress Energy Corporation, in accordance with the company's rates and billing. At no expense to the Lessee, the Lessor agrees to furnish a refuse disposal location and a refuse disposal container located outside the demised premises for the use of the Lessee. 7. The Lessee further covenants and agrees to operate the business authorized to be conducted on the premises during the term of this lease, except for any period of time involved in natural disasters, including governmental orders or requirements such as evacuation for hurricane preparations, and any time necessary to repair or replace any damage caused to the demised premises by as natural disaster. 8. The Lessee assumes full responsibility for and covenants and agrees to save harmless and indemnify the Lessor from any and all liability for damage to property and injury to persons resulting from or in connection with the Lessee's use and occupancy of the demised premises under this lease. In addition, during the term of the lease, Lessee shall at Lessee's expense obtain and maintain insurance coverage conforming to the requirements in Exhibit "B" attached hereto. Item # 5 Attachment number 1 Page 4 of 11 9. If at any time during the term of this lease, the building or premises or any part, system or component hereof (hereinafter, the "demised premises") shall be damaged or destroyed to the extent that the Lessee cannot operate the business authorized to be conducted thereon, and the Lessor determines that said demised premises can be restored by malting appropriate repairs, the monthly rent as provided for in paragraph 2a above shall abate until the demised premises have been restored or until commencement of business by the Lessee, whichever is sooner. If the demised premises shall be totally destroyed or so damaged as to render it practically useless during the term of this lease, then and in that event, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. In the event of damage or destruction as enumerated above, and except as otherwise specifically provided under this agreement, both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises or as a result of damage or destruction of the demised premises. In the case of demolition and reconstruction of the Marina or maj or renovation by construction, the Lessee shall be given the first opportunity to bid for similar space, provided that space for Lessee's type of business is allocated therein. 10. Except as otherwise provided herein, upon the happening of any one or more of the following events (" E vents of Default"): a. Lessee's default in the payment of any rental or other sums due for a period of five (5) days after the due date, b. Lessee's continued default with respect to any other covenant of this lease for a period of fifteen (15) days after receipt of written notice of such default by Lessee from Lessor, provided that if such default reasonably requires more than fifteen (15) days to cure, there shall be no Event or Default if Lessee has commenced curative action with the fifteen (15) day period and diligently prosecutes such action to completion; c. There shall be filed by or against Lessee in any court pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee's property, or if Lessee makes an assignment for the benefit of creditors or if there is an assignment by operation of law, or if Lessee makes application to Lessee's creditors to settle or compound or Item # 5 Attachment number 1 Page 5 of 11 extend the time for payment of Lessee's obligations, or if execution, seizure or attachment shall be levied upon any of Lessee's; property or the premises are taken or occupied or attempted to be taken or occupied by someone other than Lessee; however, in the event of execution, seizure or attachment, Lessee may post a bond satisfactory to Lessor which bond shall stay the default resulting from any execution, levy, seizure or attachment for a period of 120 days. Failure to remove the levy; seizure or attachment within the 120 day period shall constitute an Event or Default, and the bond posted shall be forfeited or d Lessee's vacating or abandoning the premises; then Lessor, at its option, may exercise any one or more of the following remedies which shall be cumulative; (1) Terminate Lessee's right to possession under this lease and re-enter and take possession of the premises, and re-let or attempt to re-let the premises on behalf of Lessee; however, such re-letting or attempt to re-let shall only involve a prospective tenant capable of providing comparable or better type service, at such rent and under such terms and conditions as Lessor may deem best under the circumstances for the purpose of reducing Lessee's liability, and Lessor shall not be deemed to have thereby accepted a surrender of the premises, and Lessee shall remain liable for all rents and additional rents due under this lease and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this lease. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commissions and legal fees. In addition to its remedies hereunder, Lessor may accelerate all fixed rentals due under this lease, in which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above; however, with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent. At any time during repossession and re-letting pursuant to this subsection, Lessor may by delivering written notice to Lessee, elect to exercise its option under the following subparagraph to accept a surrender of the premises, terminate and cancel this lease, and retake possession and occupancy of the premise on behalf of Lessor. (2) Declare this lease to be terminated whereupon the term hereby granted and all rights, title and interest of Lessee in the premises shall end and Lessor may re-enter upon and take possession of the premises. Such termination shall be without prejudice to Lessor's right to collect from Lessee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to, the damages specified in subparagraph (1) of this paragraph which are suffered by Lessor because of Lessee's breach of any covenant under this Item # 5 Attachment number 1 Page 6 of 11 lease. (3) Exercise any and all rights and privileges that Lessor may have under the laws of the State of Florida and the United States of America 11. The Lessee hereby covenants and agrees to keep and maintain the premises and fixtures located herein in good condition and repair during the term of this lease and any extension hereof, and to return the premises to the Lessor upon the expiration of the term hereof in as good condition as they now are, ordinary wear and tear and damage by the elements only excepted No alteration or improvements maybe made to the premises without the written consent of the Lessor. Any and all fixtures attached to the premises shall revert absolutely and become the property of the Lessor upon the expiration of the term hereof; provided, however, that the Lessor at its option may require the Lessee to remove all fixtures, partitions, racks, shelves or other improvements from the premises upon the expiration of the term of the lease at the cost of the Lessee. Any damage to the premises occasioned by said removal shall be repaired at the Lessee's expense. 12. The Lessee, at its own cost, may place only window, wall or canopy signs on the demised premises, provided said signs are approved as to color, style and letter size by the Marine & Aviation Director of the Lessor, and additionally conform to the sign ordinance of Lessor presently in force or as maybe amended from time to time during the term of the lease. No other signs shall be placed or maintained by the Lessee on the premises. Any nonconfor Ling sign now on the premises shall be removed by the Lessee within 30 days of approval of the lease. The Lessee shall, upon expiration or termination of the lease, completely remove any and all signs that have been placed on the leased premises by the Lessee. 13. If at any time during the term of the lease the Lessee is authorized to make improvements to the demised premises, Lessee agrees in such event to indemnify and save harmless the Lessor as follows: a. For any mechanic's lien which maybe asserted as a claim against the leased property; and b. For faithful performance of the covenants contained in paragraph 11 above; and c. To obtain from the contractor a good and sufficient performance and payment bond signed by a reputable insurance company doing business in Florida, which bond shall be in an amount equal to one hundred (100%) percent of the cost of construction of the contemplated Item # 5 Attachment number 1 Page 7 of 11 improvements to the demised premises, guaranteeing that the improvements will be completed and that subcontractors, laborers and material men will be paid in accordance with the contract for the improvements. 14. In the event of the acquisition of this property or any portion thereof by exercise of proper authority, by any governmental agency other than Lessor, whether by eminent domain or otherwise, it is understood and agreed that notification of the institution of such action shall be promptly given Lessee, so the Lessee may intervene in such action as a party. Lessee agrees to comply with the results of any such actions, and agrees to release and hold the lessor harmless from any damages resulting thereof. 15. Lessor covenants and agrees that upon payment by Lessee of the rents herein provided and upon observance and performance by Lessee of all the covenants, terms and conditions required of the Lessee by the lease, Lessee shall peaceably and quietly hold and enj oy the leased premises for the term of the lease without hindrance or interruption by Lessor. 16. Notices hereunder shall be given only by registered or certified mail, and shall be deemed given when the letter is deposited in the mail, postage and other charges prepaid addressed to the party for whom intended at such partys address first herein specified or to such other address as may be substituted therefor by proper notice hereunder. Lessors notices shall be directed in care of its Law Department at the above-cited address. 17. As required by Section 404.056(8), Florida Statutes, the Lessee shall take notice of the following. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing maybe obtained from your county public health unit. 18. By acceptance and signature of "Exhibit C", the undersigned shall personally guarantee to Lessor the timely performance of all covenants and provisions of this Lease Agreement, including, but not limited to the timely payment of all rent due hereunder. 19. This lease agreement constitutes the entire contract between Lessor and Lessee concerning the leasing of the premises and consideration thereof. 20. In the event either party seeks to enforce this agreement or interpret any provision thereof by law, or through attorneys at law, each party agrees to pay for its own attorney's fees and Item # 5 Attachment number 1 Page 8 of 11 costs, and that jurisdiction shall be in a court of competent jurisdiction in Pinellas County, Florida IN WITNESS WHEREOF, the parties hereto have set their hands and seals this of /2009. Countersigned By. CITY OF CLEARWATER, FLORIDA Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Camelo Soto Assistant City Attorney Attest: By. Cynthia E. Goudeau City Clerk Bruce Littler, Inc. Bruce Littler, President day Item # 5 Attachment number 1 Page 9 of 11 Exhibit "Al LEGAL DESCRIPTION Room/s 2, 2A & 3 Clearwater Marina Building, located on Lots 11 and 12 of City Park Subdivision, according to the reap or plat thereof as recorded in Plat Book 23, page 37 of the public records of Pinellas County, Florida. Exhibit "B" INSURANCE REQUIREMENTS 1. Liability Insurance. Lessee shall maintain: a. Comprehensive General Liability insurance to include premises/operator liability and electrical liability in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. b. Comprehensive Plate Glass Insurance on a replacement cost basis covering loss or damage by any means, except by fire, or war, whether declared or not, to the plate glass windows in the demised premises. c. Worker's Compensation Insurance applicable to its employees for statutory coverage limits in compliance with Florida laws. 2. Additional Insurance. The City is to be specifically included as an additional insured on all liability coverage described above. 3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction 4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of the City, the Lessee shall provide the Lessor with certified copies of all policies of insurance as required above. In the absence of a specific written request, the Lessee shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all times, the insurance coverage required by the Lease. Unless notice is given to Lessee otherwise, such Certificates of Insurance shall be provided to the Marine & Aviation Director. The first Certificate of Insurance required by the lease shall be provided to the Marine & Aviation Director before occupancy of the demised premises by the Lessee. Item # 5 Attachment number 1 Page 10 of 11 Exhibit "C" GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT Guaranty is made this day of , 2009, by Bruce Littler, City of Clearwater, County of Pinellas, State of Florida, herein referred to as "Personal Guarantors:, being the owner respectively, of Bruce Littler, Inc., herein referred to as "Obligor:, to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater, Florida 33758, herein referred to as "Obligee". RECITALS 1. Obligee has leased premises at 25 Causeway Blvd to Obligor, whose business address is 25 Causeway Blvd, City of Clearwater, County of Pinellas, State of Florida, for use by Obligor in conducting its business of selling antiques, marine supplies, collectibles, furniture, decor, new and used boat sales, nautical clothing, accessories, shoes, gifts, jewelry, vintage fishing tackle and accessories, marine related products and real estate. 2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in the form of a personal guaranty. SECTION ONE STATEMENT OF GUARANTY Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms thereof. If obligor defaults in the payment of any installment of rent, guarantors shall pay the amount of such installment within 30 days after receipt of notice of default and demand for payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by obligee to obligor. SECTION TWO DURATION This guaranty shall not be revoked during the two-year term of the lease. Thereafter, if the lease is renewed on the same terms, this guaranty shall remain in force until receipt by obligee of written notice of revocation from guarantors, or until terminated pursuant to Section three hereof. Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate this guaranty as of the end of the tv D-year period Item # 5 Attachment number 1 Page 11 of 11 SECTION THREE LIMITATION OF LIABILITY The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is $18,660.89, which amount is equal to the total rent due during the one-year term of the lease. If the aggregate of payments made by guarantors hereunder reaches the above-mentioned amount, this guaranty shall terminate immediately. SECTION FOUR WAIVER OF NOTICE OF ACCEPTANCE Notice of acceptance of this guaranty is expressly waived IN WITNESS WHEREOF, guarantors have executed this guaranty at the day and year first above written Guarantor - Bruce Littler Item # 5 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue 1st Reading of Ordinance 8025-09 to June 4, 2009 SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) for $155,941.00 to Container Systems Equipment Company of Daytona Beach, Florida, for one 2009 International Chassis with GS Products 5035D 33 cubic yard Recycling Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of Clearwater Bid 13-09, authorize lease purchase under the City's master lease agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The current unit, G2565 is a 2002 conventional International chassis with left hand drive only. This unit is not suitable for residential collection due to location of the steering wheel and non-low entry steps. The driver must use an excessive amount of time leaving the left hand side and move to the right side of the body to load the material at the curb and return to the left side drive position.. Also, the body has deteriorated to a point that repairs are extensive and very costly. The replacement of G2565 was approved by the Resource Management Committee on March 6, 2009. Type: Purchase Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: $23,348 Not to Exceed: Oct. For Fiscal Year: 2007 to Sept. 2008 Appropriation Code Amount 316-96806-564100-534-000 $155,941 Budget Adjustment: None Annual Operating Cost: $32,436 Total Cost: $55,784 Appropriation Comment Recycling Equipment Replacement CIP City of Bid Required?: Yes Bid Number: Clearwater #13-09 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Solid Waste/General Support Approval: Services 5) Financial Services 6) Solid Waste/General Support Services 7) Financial Services 8) Financial Services 9) Office of Management and Budget 10) Legal 11) Clerk 12) Assistant City Manager 13) Clerk 14) City Manager I_t)DQ1 mo Item # 7 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Clark Hunt Construction of Clearwater, Florida, for the construction of the Beach Connector Trail project Phases I and II(04-0042-EN) in the amount of $898,577.99, which is the lowest responsible bid received in accordance with plans and specifications; approve purchase orders for trail amenities that are not grant related thus require a budget amendment: Swartz Associates of Tampa, Fl, in the amount of $4,832.20 for miscellaneous trail amenities, Shade System of Ocala, Fl in the amount $95,342.40 for stainless steel shade shelters, and Grosz Construction Inc. of Tampa, Fl in the amount of $18,950 for the installation of shade shelters, authorize the appropriate authorities to execute same and approve transfer of funds for miscellaneous costs of the project in the amount of $103,029.68. (consent) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award the 2008 Street Resurfacing Contract (08-0015-EN) to Ajax Paving Industries of Nokomis, Florida, for the sum of $969,457.50 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater's annual streets resurfacing program is designed to prevent the deterioration of roadway wearing surfaces, provide a protective coating and maintain the structural integrity of the road substructure throughout the City street system. The streets scheduled for resurfacing in this contract are determined by citizens' request, Public Services staff and Engineering staff. All have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by the Engineering staff. Construction will begin in June 2009 with a contract period of 90 days. Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-92273, Street and Sidewalks, in the amount of $864,231.50 for street resurfacing. A midyear budget amendment will transfer $105,226 of Gas (388423) revenue from CIP 0315-96358, Environmental Remediation, to 0315-92273, Streets and Sidewalks to fund repaving of the Gas Parking Lot. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See Summary Current Year Cost: $969,457.50 Annual Operating Cost: 0.00 Not to Exceed: $969,457.50 Total Cost: $969,457.50 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-92273-563700-541- $864,231.50 See Summary 000-0000 0315-92273-563800-541- $105,226.00 See Summary 000-0000 Bid Required?: Yes Bid Number: 08-0015-EN Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Engineering 3) Financial Services 4) Office of Management and Budget 5) L?YHTV?rl@rk 7) Assistant Approval: City Manager 8) Clerk 9) City Manager 10) Clerk Item # 9 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we AJAX PAVING INDUSTRIES OF FLORIDA, LLC, Contractor and LIBERTY MUTUAL INSURANCE COMPANY (Surety) whose home address is 175 BERKELEY STREET, BOSTON, MASS. 02116-0566. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: NINE HUNDRED SIXTY-NINE THOUSAND, FOUR HUNDRED FIFTY-SEVEN DOLLARS AND FIFTY CENTS ($969,457.50) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the s day of , 2009, entered into between the Contractor and the City of Clearwater for: 2008 RESURFACING PROJECT (08-0015-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 9 Attachment number 1 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2009 CONTRACTOR By: ATTEST: WITNESS: SURETY By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 Item # 9 Attachment number 1 Page 3 of 6 CnNTR A CT This CONTRACT made and entered into this day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and of the City of , County of PINELLAS and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2008 STREET RESURFACING PROJECT (08-0015-EN) IN THE AMOUNT OF: NINE HUNDRED SIXTY-NINE THOUSAND, FOUR HUNDRED FIFTY-SEVEN DOLLARS AND FIFTY CENTS ($969,457.50). In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 9 Attachment number 1 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 9 Attachment number 1 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: By: Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Attest: Cynthia E. Goudeau, City Clerk Approved as to form (Seal) Camilo Soto Assistant City Attorney (Contractor) By: (SEAL) Page 5 Item # 9 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the at (TITLE) of a Florida Corporation, with its principal place of business located (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of 2008 STREET RESURFACING PROJECT (08-0015-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me AFFIANT This day of , 2009 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 9 Attachment number 2 Page 1 of 2 F 0 rn V o O 0 ro ro 0 o 0 0 0 0 0 0 0 0 0 0 of 0 u? LL? 0 ro V 0 o 0 v N o o of u? r O o o O 0 ro V 0 o 0 v N 0 o of 0 0 O 0 0 O 0 0 O 0 0 O o o O M v ? v ? M r u? V o o O r u? V o o N 0 0 V 0 0 0 0 0 0 0 0 0 0 o (O 0 co N o co of r u? V r M F M W w> M Z O O M O ci (O N N I? pj O O N O O N I? M r O N O N M O O N M O M M O LL? N O N O N M O O N M O O W O V N O N M O LL? N O O (O M W V W V of M C) O O LL? M W of V V (O O O O (O O (O M O I? N V M V M O (O r M M M of O I? O m M Q W r M W O O W W - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a K LL ? 0 . O O O . 0 0 0 O ? Q y m f w LL S 0 0 0 0 0 0 0 0 0 0 0 0 . O N V N . 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Am en O 11 M",- Oak 1II Jo l0 kFN„/LWICK N kFN/LWICK DRw 3 MqY FA IR CT z CASCADE 8 DR N W E S Scale: 1" = 1/4 m Clearwater Location Map: (Revised) Map Gen By: JHH u Countryside Blvd - Between Curlew Rd and SR 580 Reviewed B : DM Prepared by: Spanish Oak Ct - From Countryside Blvd to End Date: 4/17/2009 Engineeringg Department Geographic Technology Division 100S. Myrtle Ave, Clearwater, FL 33756 rl #: 2 Q Ph: (727)562-4750, MyClearvarwatater.com .com G4755 Area to be Resurfaced - Countryside Blvd and Spanish Oak Ct www.MyCl Sheet: 4 of 4 Page 1 of 1 ?J C,1 Co m RD RD- ¢ ?? CROYDON K K CAMPUS JAFFA PL .. ¢ J ACADEMY KENMOORE O BASCOM WAY > C OC O oR -: --- > ---- --. COLLEGE DR ? wC U MAGNOLIA > p DR = w > K -- \\, - JO R& EO Q GROVEWOOO Q RD o w RD ya` ON DR < UNIVE DR m C o , t RIPON DR z w U T MINNEOLA RD z RDS ST UNIVERSITY DR S U A DR 0 BURNICE DR GLENMOOR RD w FLEDGE DR REBECCA w w w w w A DR SANDRA v u BELLCHEER DR oR GLENMOOR U ¢ ¢ ¢ ¢ ¢ ¢ ¢ RD S GLENMOOR 0 v w w y TROPIC HILLS oR 4 O 0 O w DR LEES CT Parkway ST CHARLES DRIVE E z z g U Y w ? w LL ¢ O?Uj .5. w O O U -------- . HARD z w w `DORADO PL ??ti i m ----- z FS?, J BRENTVJOOO DR CR-488 --- o LAKEVIEW RD m HABERSHAM 9?L w 0 3 v o CORONET LA > OAK GROVE DR DIPLOMAT DR ENVOY CT ALEMANDA DR O rU O z v BARCELONA DR (7 W 4 ATTACHE m 4 CT ¢ A CATALINA DR o IMPERIAL WAY -} U NURSERY U RD CR 444 a?U A O O O OAKADIA DR 3 ¢ U O O CR 464 CLAIBORNE oR? o MORNINGSIOE DR a Q CURTIS DR :N w Q HA RN x LL Z _ O Z C?Ll 2 5' 1 CURTIS w DR S U `? U 2 j " ,mNJL"AMS a .,,D N FAIRBANKS OR Y '"" " g 0 "i ti ( O1 A M ¢ GLENANN OR K SUMMERLIN ? O O LL Z $ w $ O N K V ? S W ? L O ? w M 3? h x HAVANA DR d$?JTA CRUZ ACC RD N W E S Scale: 1"=.25 mi 3 ? Clearwater Location Map: Map Gen By: JHH u Excaliber Dr - Excaliber Dr at Nursery Rd; Patch Excaliber Dr at Reviewed B : DM Prepared by: South side of intersection Date: 12/8/2008 Engineering Depa Department Geographic Technology Division 100S. Myrtle Ave, Clearwater, FL 33756 rl #: 3 A Ph: (727)562-4750, Fax: (;27)52&4755 Area to be Resurfaced - Excaliber Dr www.MyClearwater.com Sheet: 2 Of 4 Page 1 of 1 o? oQ LAUREL ST ?a D D A KIPLING plp,? ?Dm Dao s C GARDENIA ST .0 ? BD CD DQ? HF VERBENA ? DIV41 A DPDD O MANGO ST oW Q 0 o D? ?D Da z 0 ? NEN\D m c? IRIS o f? m ASTER ?D o D O ACACIA ST ST N CAMBRIA DLD DaD O PPgg PGE R-L HPRg0R O HEILWOOD O eAV AVALON NE KENDALL ?uani a z C ? ?a ?' o? SVPNO BAY ESPLANADE N? PPVM DI ; SE lu' \SVPNO ' gyl PPM I BAYMONT ST SKIFF ?-11 "'D m W O ? O A 'z DO(pylN POINT o Z 0 PAPAYA ST ? g DORY PASSAGE o W W ? ? Q ? Pierg? O Causeway Blvtl ?c? WINDWARD PASSAGE ?D FIRST m ST 0 SECOND ST ON DR ?Oq THIRD q ST W ? u Z ? Oq S G 9 0 ?y9 0 Y 0 00 BRIGHT N WATER DR FIFTH ST qJ1 BAYSIDE w E o R .S Scale: 1"=.25 mi Bq?W Clearwater Location Map: Map Gen By: JHH Mandalay Ave - Between Bay Esplanade and Baymont St Reviewed B : DM Prepared by: Engineering Department Date: 12/8/2008 Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 CI #: 2 Q Ph:,727,562.4750,Fax: ,727,52G^755 i Area to be Resurfaced-Mandalay Ave www.MyClearwater.com Sheet: 1 Of 4 Page 1 of 1 `I CIRCLE Z-J u J?E vE ST MON T Q FAIRMONT FAIRMONT ST FAIRMONT ST p BECKETT ST MINNE BECKET Q PARKWOOD ST MARSNALL %;!'¢ PARKWOOD WOODBINE MARSHALL WOODBINE ST GRANT ¢ z0 Y OOW SPRINGDALE ST K O r p ? ¢ SPRINGDALE ¢ L p ¢ CARLTON K ST < RUSSELL y 2e _ w i 0 ST OVERLEA ST ENGMAN ERMINE - f` w? ¢? TANGERINE ST ... w Q ENGMAN z ST Q ENGMAN ST DR PA?r 9 ?a BIDWELL i" ? ? > y? PINEBROOK OR ? O LA SALLE ST O > ¢? 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PINELLAS `n ^^ ?? ? ?? ? = fl E w le, I o Cl eaatQr Location Map: N Betty Ln - Between 514 N Betty Ln and Drew St Map Gen By: JHH u Clearwater Gas Parking Lot - 400 N Myrtle Ave Reviewed B : DM Prepared by: Graphics Parking Lot - 711 Maple St Date: 1/2/2009 Engineeringg Department Geographic Technology Division 100S. Myrtle Ave, Clearwater, FL 33756 Area to be Resurfaced- N Betty Ln rl #: 2 B / 2786 Ph: (727)5624750, Fax: (727)52&4755 www.MyClearwater.com Clearwater Gas and Graphics Parkin Lots Sheet: 3 of 4 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept an 8,214 square foot Reclaimed Water Main and Utilities Easement to encumber a portion of Tract "A" of A REPLAT OF A PART OF THE TOWN OF BELLEAIR, PINELLAS COUNTY, FLORIDA, conveyed by the Belleview Biltmore Country Club Corporation in consideration of receipt of $10.00 and the benefits to be derived therefrom. (Consent) SUMMARY: The Belleview Biltmore Country Club in the Town of Belleair is a 135-acre, par 71 championship golf course designed by course architect Don Ross in 1925. The popular course is irrigated using a combination of permitted groundwater wells and reclaimed water supplied by Pinellas County. County delivery of reclaimed water has proved inadequate and the golf course has had to rely more heavily on its wells, at times exceeding permitted pumping limits. Belleview Biltmore approached the City with a proposal to pay for extension and installation of a reclaimed water service line to a retention pond on the northerly portion of the course, and purchase an estimated 133,300 gallons of reclaimed product per day. The City already provides similar volume service to several other golf courses, athletic fields, parks and schools. McKim and Creed researched the proposal's feasibility for the City, and developed plans, costs estimates and routing to extend existing City reclaimed water service from Jeffords Street, south along Druid Road South to Corbet Street, east on Corbett, then south onto the golf course approximately 350 feet to the target retention pond. Town of Belleair and Pinellas County officials have reviewed the proposed plans without objection, and the extraterritorial service extension does not violate the City's bond covenants. As the City is providing the services to a private entity as at a bulk-use rate, an interlocal agreement is not required. Delivery of this additional reclaimed water production to the golf course will generate approximately $10,000 additional annual utility revenue, and further assist the City in meeting its criteria for continued SWFWMD funding. The subject easement grants the City perpetual authority to provide direct linkage for the proposed reclaimed water line from routing within incorporated Corbett Street right-of-way, beneath the golf course surface to the existing pond. The easement may be terminated by mutual written agreement of both the country club and the City, or upon the City discontinuing service and abandoning the easement premises. Review Approval: 1) Legal 2) Engineering 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 4 „tn ,?I ?;.eI1?,L r nr,i i ,11r 1?r,i 4 '4 .,1,,u I L Nu. 21-29- r)rln 0100 FREGLAIMED WATER MAIN & UTILITIES EASEMENT FOR AND IN CONSIDERATION 1 t`i- ;Ilr,i J Tee I I -ir > 4I; rt j I -, il „f ,rhtch :I>a -i Rnlt ^.?I? 1k.'i ri ?r?rf t ?`'?1 f = ;?1 thlr i? ll?1 BFL.LEVIE=W ICI hill i COUNTRY CLUB CORPORATION l lh L I?Ie Fil - I? 37 ?- "Grantrar jra{?. atir1 1 I ,,li Io the CITY OF CLEARWATER, FLORIDA a I I?:r,Id?1 ^II p 11 d rpP ration ? (?f ;ntw" ?rtil Sal ?; ?JhIV, Ilrl Itei l pl l p??? -aserlt 1t r, under a"Il eC? f , ,5 toe f II r, nli d-scribed land lying rind being ,I'I.iarF-, in the C: -1 mty ?f Pine i, State 01 FIafl?ri to wit A parcel of land lying within Tract "A" of A REPLAT OF A PART OF THE TOWN OF BELLEAIR, PIINELLAS CO. FLORIDA, as recorded in Plat. Book 19, Pages 67-90 of the Public Records of Pinellas County, Florida and lying in Section 21, Township 29 South, Range 16 East as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof ("Easement Premises") This t- --fi 1ent is for reclaimed water main and appurtenant utilities ("service facilities'") t, l The CITY OF CLEARWATER, FLORIDA, ;hall hl,,,, e full` rater ?1p?,r*flr? ak n;?'e eft i ,1 ti t ? C.)nstruct, wstall tnrid maintain ti1„1-I1 ,.I . 1 seivl - ririlit e", ail Alta ?3itte l i11 r rrle ti,-) slide Grantee sh?i!i t,_ ,,>r??lely responslblt ';''' o) iainin;j gall g?`d?ff"Ul',?f°,t?al ? 1't (elll?tl_`r'y' permits t-e aLl red toe sr ',°1e rghts granterf herein. The CITY OF CLEARWATER, FLORIDA j r-r'?111t and agree with Grantor that it shall maintain c3k , Grantors fa 'I Iti-, at all hiii(,, rll 11lii j ti' er& - ?' 11 ights granted herein for Grantor- h jl:-ilei-lI pi.r,)11 an, that it shad promptly rli,tOle tl'1 I ati?.,r,1 It Prtp'ISes ?t;if 1ai,, F vS fTr-f!t 'r'I?'f`ll t-ti L?on _1'.'illldi1 t', n of ai''y I '?t=-?i Il iir'lr?h t'11 Iii lh1 le;i?,,.' tilt. 1[.iii )I'1 thhat as of t11r_? 1ttr itr""'? tll• 'i`I??, ? cj fh''y' ?,f ,t'? il•?i hits tiF'.!eUf1Li?{. e,ajif -5,ti 4 fl JQ?i ,I ti l;3f 1?xr?1f'i ,,r I,_ 5C J''~'?r ?Il !J jl`Jl ?t f]?.I I??`C I';p. !-it `h, F.. '. F`fT?i fit F'tr-MIS S '??'? I,ri cif l: l_S F?f It :'4`I,t l` th n->nt fl ah,'?; gfal 1e:1 1: fi r rat :nl'l v.l r1?f?.?• t11,?t I r=l ,ill llliq? fltl? 17 Lrsue the C( I r=fli ifl i' Ah ,%or'kr rela' ('t 1 , pPojt3,;s _?l it t 'fi?I'l nian' ?9. i , ?fll:il ,1-3rr?nk? ?]rl?j i(??,?z'rat?}I? .? tf ?sr,t1 ?,ll ?r ?. fli;r-rt r _3 1t ?'r?frl?rz? afld that (;,,=rlt_o 11 tLll! 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F x It tllr east:ii'ont t `??"i?ll' t>> I'(=1`?? ?'c'r 'I Jrlt??If'?:1 Ill f'.' iI -l?''191 constrl.l-' t !l} b?. 1 ft 11111TIL,nIt''v as to any part, hl-[-`i: Icltli'f'l if l ortrj.: t tl r i tFl ?'r t?lllr "0 ?trll'lCa _lfltiilneJ hi ?fl s;ll7ll 1)- (lll? f?J?'?t ;`, ??if ;erlt t trlr' _1lll'?_' t. 1.IeC by third ?k itl 7 ?dl df9' [Tl?fi''l 4 _3fl n- Ti ril `I i1 grant { t 5 (?fllr?f,! cif ?i°, a rti 1 "fir Ct '' ?'IC t'I I,lifl'Ulllt? Item # 10 t I i; l_ 1 `A,',l `0 F+ Attachment number 1 Page 2 of 4 d 1( i1 'llr, I i 1Ii't.r I I I it r J 'I I I. I sr 'JII i i,l! Itl rl.I 1, i, 1 "illl t` r'I _.. IltI_?f ?:l? _ ?I'71i'I IS _!I ?:?r h i 'I IN.IJfllI r,'r j :!' , t l _r', i , f f r11-ir It if ral 1` ?r Ir I,f It hf.;1 :Jltl? ] il.)?_ '.)f 4 ;Y"',rlir ? 1 ?, ,'I i.l t ? ;,f l 11?f=if l `I_, r.??-:i It r I I ?r 'Il: :x: I I ?I, I ?II' sir II III 11 i t , I':?i : r}. r'n. `I„II t 7t1- l.r''1 rI I I r Ir l?'? r ,' t' I ?'I 1(,I li ' - i t. I ?I(1! I r f Ii i if Ir.J '. r f t I I'J E„ :. f" t f 1_i rfl' ?I ?: "1 t t? I iLlII LI ;?i rfr ? f is l-1' in for s, S l°I: a ',,- r a1 I rr _ I fa iI to I It n nat( Il ?S rTl flt rI ] L_I Ion the (-'t I granted h1' r I ?h rl? : jI Irrev( r ?I I j' ;-ii _ai r r'-it C ranter. d. IN WITNESS WHEREOF, tf r rlci? r ,I_d grant ? use this tf"i',` of ?1 I-Ir st-jsled and de, - jr, '`?f- i I it11r t?l? t`a ,i'I r. STATE OF FLORIDA COUNTY OF FINELLA B1 l.6 F.''a!lE "`J Ei1L 1i.1: )f F- I , ;1 I L l If`CiPTI P?! _, FI r, t + Ir irr t t B Ir P1 [It b`JLII n III L ,iCE Ti,t,c CEO - t.. rl It lI 1 i1,?v1 1 ICI rent r 1 Y I I ??rI M ? _. as I , F I I.1 I : L I- ` l I l r1 t T t l e"l' Ft-" I l-',' rl 1f-fi11 i!I1ifit I. 11l 111 JV'I I:I ,ri' ? I '! I ,ti lI r?'??'II rr1 F ._'lil'? l L1 w'dFI j ac!' . ,.1 j ih, .e? Li1Ir1 ! -?_?f try I . n fIIP Ili f?I t7 I ti t 7m II aI- or iI My cornilLnissio"i ext.,i:es: I a 4 i f l'r Vc5G f9?: Item # 10 C'I:C B r_ILL -I-IL : 1 Attachment number 1 Page 3 of 4 Tt-k -ir•,d-i aT'i__ i t --r ?,Ji`'f '11 'i' 'l j a ?erest in tl,i(? I?1i =r I(?.?'il I` }I x. t.-? 1n t?I f t'J_it ? 11 umber Or ?f 1 ?t! ?:rft? d7 ? rU_ll ',t gip' ?lrfJ E ?,v ,rn BF LI F 1 Pi L1 %1?.DF L _1tJ l tt 1 '?r' !R,r1il FI'?rlijJt , 19 CO' C ?rF+i'I ?;li h ??f1:7 Jr P`?I Y =rJ ?r', f?l iI't?( a,S °,aPT e _ 't, ?f rJ r] I' [J f P '-t "'P ?_?•. _ 1 -i: t r?II?I 1• S.i?l_.Ilt, lifl '?? 1'tlSl :''t'I ?7fltlir }Ili; t? t t; thr S ?li?',y Ir';3f ? f s -'i7 I`I tflti f' _ rl t ;•,?i? R,;+?irn-i! Idi,r? t t_i f' ^.., Wit _.'JN i. [Ir 1 L' r?IP, P JF s Lr ti , J R' F _."?+F [It i(o FL )FIL?A _ I'._ J U If F'f t F' ?l Ot rl N ['tJf f + ( 'rj?, i,>f I' f?,_'17 gal,' Fli,fi;ld a In tiCi1 Ith ELi? 1 Irl F XIF?Il d[jC',iF I -ft'ti"_1 ,i'l i rJr f:?j?, f? "L fli ?? f?,L_i i•' r? t ;f` ?Ir,'r ?'[ F -:?i,T-' F?f?-f'llki?5 e?, t l?d? J +nr;r ;i, Signed, Sealed and ;- Ffljj,.-?ied' L;LJN I'PUST W';Nr,, in th,_ Fir Sw,nce of, C?r-?rgsa E3al ?:Ir E ertJ„?fatir}n V,^ ltness sigrlatare Print Ns3l-n e Pant r,'' `iness name LMtness ic?nat_ir 11 print Wif -n e- s na lrre STATE OF COUNTY OF 5 tic: toregoI? ,g icrytri irn,--iit ^Jjs achno vIei Jg eJ be fore me 11ii day of - ? ? .. f unt?u t ;7ri?'?k ?, C_ ? n?gia tr?nkiny ?_t:>{'fir>ratlQf'+ ?Ir;, ht?IrleE in t"?.? r1h,u rfra? litse?. lien, *ho ,Kec; 1ted this rstai?wri t ,.-lend ack,{t'q - J'?-<d tE ' extcajt i-)l'i tht:reuf tU h" h tree @?-t ?v)d d e J f:Jr tea uses and pUrpo es tl9 'Ir1 t,,Yl _ttti a.1 'Ajd who ? i-? p?=isc,l'3IIq' ?,njv ! fJ nne t?r who did provide as i?:f?l?t?fi? at?t;?ll Notary P jNic, - State of Ty??'F'e;?t t?Ja!rr?te t ,C acuments anc r I rnet 4 t4CIBELLEAi Item # 10 Attachment number 1 Page 4 of 4 a 1 It 71 r i AT a . , A C,`T "A' ?\V? PLAT l I I I I I- i r I i r i I I L A gas r n? r r? g ._ _ d f. ri f 9 ? t i rJ. r? L Attachment number 2 f'o^c . of ^. J w u O SpC?/S ' ?V pOO? Peach O PINE -" CT ! ¢ o Crescent co w 0 0 ¢ .__ L DRUID RD = W F JASMINE WAY m LOTUS PATH O 0 O z i I w Druid J PI Of v v CKER RI L¢ vO F m ?v WATKINS WATKINS w o_ o_ CORBETT cn ST AMBLESIDE DR RD FLAMINGO DR Y WEST LA 920 ? ?e?VO BELLEVIEW z Q WILDWOOD WOODLAWN AVE ROEBLING RD y ROE LLING , OVERBROOK ?P H . arold PINE ST L PINE ST DRUID RD F JASMINE WAY MAGNOLIA DR ?Q? LOTUS PATH JEFFORDS ST ~ GRAND CENTRAL w PINELLAS a 1-- 0 TUSKAWILLA ' A ST 0 z 'o? w ST 5e? Q LAKEVIEW l = 1- -w D ST g x E ST w McLENNAN ST N = ay(tt BLVD. J WAY WOODLAWN ST y8Qt. P\NE?- Tuskawil la w Q O z Y Of w SOUTH x J z Of O < O KIN( m - a o c w 0 Clearwater BELLEAIR COUNTRY CLUB N UTILITY EASEMENT W E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)56 , Fax: (727)526-4755 www.MyCMyCl learwater.com Map Gen By: SF Reviewed By: EB Date: 3/26/09 Grid #: 305B e S-T-R: 20-29s-15e m # 10 Scale: N.T.S. 0 ST a Map Document: (V:\GIS\Templates\new8 x 11.mxd) 11/21/2007 -- 10:45:40 AM z O J w w w w ? Q Q Q Q U Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater in the amount of $1,392,000 for the construction of bike lanes on East Avenue, and adopt Resolution 09-24. SUMMARY: • This LAP Agreement authorizes the city to build two way bike lanes on East Avenue between Turner Street and Drew Street. • This project is funded by the American Recovery and Reinvestment Act of 2009. • This project will entail making the east side of East Avenue a one way street for northbound traffic and the west side of East Avenue a two way bike lane. • This project will entail milling and resurfacing both sides of East Avenue and providing the appropriate signage and markings along the corridor. • This project will entail making Hendricks Street one way eastbound from Laura Street to East Avenue to prevent northbound left turns from East Avenue onto Hendricks Street. • Maintenance of the facilities for the trail will be the responsiblity of the Public Service Department and Traffic Operations Division of the Engineering Department. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: Annual Operating Cost: Total Cost: to None Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FPN: 424399 1 58 01 Fund: Federal No: Org Code: 55074010706 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:Pinellas (15) Contract No: Data Universal Number System (DUNS) No: 80-939-7102 FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F596000239-001 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF CLEARWATER hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the construction activities of the East Avenue Trail Project and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1, A, B, L and S are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. 525-010-40 PRODUCTION SUPPORT 02/09 Page 1 Removal of All Funds Item # 11 Attachment number 1 Page 2 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/12. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 1,392,000.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enterlinto V# 1 Attachment number 1 Page 3 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria Item # 11 Attachment number 1 Page 4 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-1 33, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Item # 11 Attachment number 1 Page 5 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 5 If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District Special Projects/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation Lawrence Taylor, District Special Projects/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Item # 11 Attachment number 1 Page 6 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 6 Florida Department of Transportation Lawrence Taylor, District Special Projects/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District Special Projects/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District Special Projects/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). Item # 11 Attachment number 1 Page 7 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: Item # 11 Attachment number 1 Page 8 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to Rpg%elyr and Attachment number 1 Page 9 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 9 perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. Item # 11 Attachment number 1 Page 10 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 10 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respeq to swc? reach Attachment number 1 Page 11 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 11 or default 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA- 1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Item # 11 Attachment number 1 Page 12 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 12 State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ? will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline, 877-693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations. Item # 11 Attachment number 1 Page 13 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 02/09 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Attest By: Attest: Name: Frank V. Hibbard Title: Mayor Title: As to form: Attorney Name: Scott W. Collister, P.E., CPCM Title: Director of Transportation Development Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Item # 11 Attachment number 2 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 08/06 Page 1 of 1 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction FM#: 424399 1 58 01 Amount: $ 1,392,000.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. Item # 11 Attachment number 3 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 424399 1 58 01 This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and the City of Clearwater, dated 1200. _ PROJECT LOCATION: The project is not on the National Highway System. The project is not on the State Highway System. PROJECT DESCRIPTION: This project entails the construction activities of the East Avenue Trail American Recovery and Reinvestment Plan Project. The project will convert the existing southbound lane of East Avenue to a trail for pedestrians and bicycles between Drew Street and Turner Street. SPECIAL CONSIDERATION BY AGENCY: The Agency will not begin the construction phase until the Department has issued a Notice to Proceed. Construction related activities, including project advertisement, conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The Agency will submit to the Department the project Bid Package to include Specifications, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package. All above items must be reviewed, approved and a Notice to Proceed must be issued by the Department prior to any construction related activities, including project advertisement. Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The Certification Clear Package must include the following items completed and signed by the authorized Agency representative: 1. Right of Way Certification Form 2. Rail Clear Letter 3. Permits Clear Letter 4. Utilities Clear/Coordinated Letter The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction contract to be let on or before 06/30/09. b) Construction to be completed on or before 12/31/12. If this schedule cannot be met, the Agency will notify the Department in writing prior to April 30, 2009. Failure to comply with this scheduling requirement may be cause for termination of this project agreement and withdrawal of Department funding. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action and the funding action from any other source with respect to the project. Item # 11 Attachment number 3 Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 2 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES The Agency shall be responsible for identification and remediation of any hazardous materials and contamination encountered while implementing the project. The Agency acknowledges and agrees that funding for this ARRA (American Recovery and Reinvestment Act) project shall be reduced upon determination of the low bid award amount and execution of a LAP Supplemental Agreement. Any remaining funds in excess of the low bid award will be removed from this project and applied to another eligible ARRA project. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will issue Notice to Proceed to the Agency after the project Bid Package to include Specifications, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package have been reviewed and approved. Upon receipt of an invoice, the Department will have sixty (60) working days to review and approve the goods and services submitted for payment. The Department will initiate a LAP Supplemental Agreement to remove funds in excess of the low bid award amount for this project. Any remaining funds in excess of the low bid award will be removed from this project and applied to another eligible ARRA project. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Item # 11 Attachment number 4 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 08/06 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 424399 1 58 01 City Engineer City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 PROJECT DESCRIPTION Name: East Avenue Trail Protect Length: Termini: Turner Street to Drew Street FUNDING TYPE OF WORK By Fiscal Year (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right-of-Way 2006-2007 2007-2008 2008-2009 Total Right-of-Way Cost Construction 2006-2007 2007-2008 2008-2009 1,392,000 1,392,000 2009-2010 Total Construction Cost 1,392,000 1,392,000 Construction Engineering and Inspection (CEI) 2006 2007 - 2007 2008 - 2008 2009 - Total CEI Cost Total Construction and CEI Costs 1,392,000 1,392,000 TOTAL COST OF THE PROJECT $1,3921000 $1,392,000 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. Item # 11 Attachment number 5 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 2 EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or Item # 11 Attachment number 5 Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 2 of 2 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60-calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Lawrence Taylor District Special Projects/LAP Administrator 11201 North McKinley Drive, MS 7-500 Tampa, FL 33612 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Joe J. Motta, P.E. Public Works Director City of Temple Terrace 11250 N. 56th Street Temple Terrace, FL 33687 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. Item # 11 Attachment number 6 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT 03/09 Page 1 of 1 EXHIBIT "S" 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) JOB REPORTING FPN: 424399 1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and the City of Clearwater. Dated SPECIAL CONSIDERATIONS BY AGENCY: Compliance with the 2009 American Recovery and Reinvestment Act (ARRA) This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act (ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly employment report, for both the Contractor and Subcontractor. The Agency will provide the required information on form(s) provided by the Department in the timeframe indicated in the instructions. The Agency will ensure that the reporting requirements are included in all ARRA contracts and subcontracts. The Agency will withhold the Contractor's progress payments, project acceptance, and final payment for failure to comply with the requirements of the 2009 ARRA. Authority of the U.S. Comptroller General Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority 1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and 2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local Agency administering the contract, regarding such transactions. Accordingly, the U.S. Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the 2009 ARRA with respect to this contract, which is funded with funds made available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the U.S. Comptroller General. Authority of the U.S. Inspector General Section 1515(a) of the 2009 ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The Contractor is advised that representatives of the U.S. Inspector General have the authority to examine any record and interview any employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the Inspector General. Item # 11 Attachment number 7 Page 1 of 1 RESOLUTION NO. 09-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CLEARWATER FOR THE CONSTRUCTION OF THE EAST AVENUE TRAIL IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the DEPARTMENT and the CITY have mutually agreed on a set of plans for the construction of the East Avenue Trail Improvements and WHEREAS, funding is being provided by the American Recovery and Reinvestment Act of 2009 in the amount of $1,392,000. 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 LAP Agreement between the Florida Department of Transportation and the City of Clearwater and authorizes the execution of the same. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank V. Hibbard Mayor Approved as to form: Camilo A. Soto City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution NteKW42411 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve entering into an agreement with the Florida Department of Transportation (FDOT), FPN 256881 1 52 01, to fund the construction of Phase 11 of the Tropic Hills drainage improvements in the amount of $1,114,000, and adopt Resolution 09-26. SUMMARY: FDOT is going to construction in August 2009 with a project to upgrade US 19 from north of Whitney Road to north of S.R. 60. The schedule has been accelerated due to economic stimulus dollars that FDOT was able to obtain for the road project. Tropic Hills Phase 11 involves replacing twin 36" pipes with a 4' x 10' box culvert within the segment of US 19 to be upgraded. The $1,114,000 is the difference in the Project cost between the twin 36" pipes and a 4'x 10' box culvert. Midyear budget amendments will transfer Stormwater Utility (388419) revenue in the amounts of $800,000 from 0315-96158, Transfer Yard Upgrade and $314,000 from 0315-96168, Storm System Expansion to 0315-96170, Coastal Basin Projects to fund the agreement. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: $1,114,000.00 Not to Exceed: $1,114,000.00 For Fiscal Year: 2008 to 2009 Budget Adjustment: Yes Annual Operating Cost: 0.00 Total Cost: $1,114,000.00 Appropriation Code Amount Appropriation Comment 0315-96170-563700-539- $1,114,000.00 See Summary 000-0000 Review 1) Office of Management and Budget 2) Legal 3) Engineering 4) Office of Management and Approval: Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 1 0 Clearwater Tropic Hills N Phase II W E Prepared by: Engineering Department Drawn By: $F Reviewed By: E$ Date: 4/29/2009 Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www.M Clearwater.com Grid # 31OA S - T - R 20-29s-16e Scale: N.T.S. Item # 2 Map Document: (V:\GIS\Engineering\Location Maps\Tropic Hills Outfall Improvements.mxd) 11/21/2007 -- 8:36:44 AM Attachment number 2 Page 1 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 LOCALLY FUNDED AGREEMENT This Agreement made by and entered into on this day of , 2009, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, whose address for purposes of this agreement is 11201 North McKinley Drive, Tampa, Florida, 33612- 6403, (hereinafter called the 'DEPARTMENT"), and CITY OF CLEARWATER, whose address for purposes of this agreement is Post Office Box 4748, Clearwater, Florida 33758-4748 (hereinafter called the CITY); and WITNESSETH WHEREAS, the DEPARTMENT is authorized to enter into agreements with governmental entities in accordance with Chapter 334.044, Florida Statutes; and WHEREAS the DEPARTMENT agrees to design and construct a 4' x 10' box culvert under US 19 (SR 55), in the area of Tropic Hills subdivision as part of Financial Project Number (FPN) 256881-1-52-01 from north of Whitney Road to north of S.R. 60 as described in the DEPARTMENT's Five-Year Adopted Work Program as Financial Project Number (FPN) 256881 1 52 01 (hereinafter referred to as the "PROJECT"); and WHEREAS, the DEPARTMENT and the CITY have determined that it would be in the best interest of the general public and to the economic advantage of both parties to coordinate and cooperate in their efforts to facilitate development of the PROJECT; and WHEREAS, in order to complete the PROJECT, the CITY is prepared to provide financial assistance as provided in Exhibit "A", for construction of the box culvert within the project limits and within its corporate limits pursuant to Section 339.12 (1) Florida Statutes; and WHEREAS, the CITY agrees to deposit funds with the DEPARTMENT of Financial Services in the amount of $1,114,000 (one million, one hundred fourteen thousand dollars) to construct a box culvert and other cost associated with the PROJECTS construction, as shown in Exhibit "C" Memorandum of Agreement (MOA) attached hereto and made a part of, and WHEREAS, the CITY by Resolution Number dated the day of , 2009, a copy of which is attached hereto and made a part hereof, has authorized its Mayor to enter into this Agreement. SECTION 1 OBLIGATIONS OF THE DEPARTMENT 1.1 The DEPARTMENT shall construct the PROJECT, which is in the DEPARTMENT's Five-Year Adopted Work Program as FPN 256881 1 52 01, as described in Exhibit "A" attached hereto and by reference made a part of this agreement. 1 Item # 12 Attachment number 2 Page 2 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 1.2 The DEPARTMENT shall utilize existing rights-of-way, and any rights-of-way obtained by the CITY. 1.3 If the final accounting of the total PROJECT costs is less than the total deposits by the CITY as set forth herein, a refund of the excess funds will be made to the CITY, including unused interest. 1.4 The DEPARTMENT shall keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures, and other items incidental to the cost of the PROJECT. Exhibit "A" attached hereto and by reference made a part of this agreement further delineates the DEPARTMENT's responsibilities. 1.5 Exhibit "A" attached hereto and by reference made a part of this agreement further delineates the DEPARTMENT's responsibility. SECTION 2 OBLIGATIONS OF THE CITY 2.1 The CITY shall provide the funds needed to construct the Project in accordance with the provisions hereunder in Section 3, Financial Provisions. 2.2 Exhibit "A" attached hereto and by reference made a part of this agreement further delineates the CITY's responsibilities. 2.3 The CITY shall allow the DEPARTMENT to use any existing CITY right-of-way or easements for purposes of this project. SECTION 3 FINANCIAL PROVISIONS 3.1 The parties recognize and accept the funding restrictions set forth in Section 339.135 (6) (a), and Section 166.241, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods 2 Item # 12 Attachment number 2 Page 3 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Section 339.135 (6) (a), Florida Statutes. (b) "The governing body of each municipality shall adopt a budget each fiscal year. The budget must be adopted by ordinance unless otherwise specified in the respective municipality's charter. The amount available from taxation and other sources, including amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. The budget must regulate expenditures of the municipality, and it is unlawful for any officer of a municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations." Section 166.241, Florida Statutes. (c) The parties agree that in the event funds are not appropriated to the DEPARTMENT or the CITY for the Project, this Agreement may be terminated, which shall be effective upon either party giving notice to the other to that effect 3.2 The CITY agrees that it will, at least fourteen (14) calendar days prior to the DEPARTMENT's advertising the project for bid, furnish the DEPARTMENT an advance deposit in the amount of $1,114,000 (one million, one hundred fourteen thousand dollars) for the full payment of the estimated project cost for Locally Funded project number 256881 1 52 01. The advance deposit shall be the total estimated project cost plus allowances such as design and construction. The DEPARTMENT may utilize this deposit for payment of the costs of the project. 3.3 If the accepted bid amount plus allowances is in excess of the advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid amount plus allowances in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within 14 days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the project, and additional costs may be incurred due to delay of the project. 3.6 If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the CITYs share of the bid amount plus allowances if such refund is requested by the CITY in writing. 3 Item # 12 Attachment number 2 Page 4 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 3.7 Should project modifications occur that increase the CITY's share of total project costs, the CITY will be notified by the DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation during the project and on final accounting as provided herein below. Funds due from the CITY during the project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge a the rate established pursuant to Section 55.03, Florida Statues (F.S.). 3.8 The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days of final payment to the Contractor. The DEPARTMENT considers the project complete when the final payment has been made to the contractor, not when the construction work is complete. All project cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the project. The CITY will be notified of the final cost. The parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the CITY. If the final accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. 3.9 In the event the final accounting of total project costs is greater than the total deposits to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within the forty (40) calendar days until the invoice is paid. 3.10 The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Memorandum of Agreement (MOA), Exhibit "C", between the CITY, DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury. SECTION 4 COMMENCEMENT AND TERMINATION OF AGREEMENT 5.1 This Agreement shall take effect upon being executed by the parties and shall be terminated upon the earlier of the mutual consent of the parties or as otherwise provided in this agreement; or three hundred sixty (360) days after final payment has been made to the contractor and all reimbursements made to the CITY. 4 Item # 12 Attachment number 2 Page 5 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 SECTION 5 MISCELLANEOUS PROVISIONS 6.1 Any amendment to or modification of this Agreement or any alteration, extension, supplement, or change of time or scope of work shall be in writing and signed by both parties and may include approval by the City of Clearwater Board of City Commissioners. 6.2 Any notice or other document which either party is required to give or deliver to the other shall be given in writing and served either personally or mailed to: TO DEPARTMENT: TO CITY: Mr. Lawrence Taylor Mr. Michael Quillen Special Projects/LAP Administrator Engineering Director 11201 N. McKinley Drive Post Office Box 4742 M.S. 7-500 Clearwater, Florida 33758-4748 Tampa, Florida 33612-6456 6.3 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the remainder of the Agreement would continue to conform to the intent of this Agreement. 6.4 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 6.5 Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this Agreement. SECTION 6 ENTIRE AGREEMENT This document embodies the whole Agreement of the parties. There are no promises, terms, conditions, or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal between the parties hereto. This Agreement may be modified only in writing executed by all parties. This Agreement shall be binding upon the parties, their successors, assigns and legal representatives. 5 Item # 12 Attachment number 2 Page 6 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 IN WITNESS WHEREOF, the CITY has caused by Agreement to be executed in its behalf this day of , 2009, by the CITY Manager, authorized to enter into and execute same by Resolution Number of the City Commission on the day of , 2009, and the Department has executed this Agreement through its District Director of Transportation Development for District Seven, Florida Department of Transportation, this day of , 2009. CITY OF CLEARWATER A Florida Municipal Corporation: ATTEST: BY: (SEAL) CITY CLERK Date Approved by Commission: CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: ATTORNEY CITY OF CLEARWATER DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST EXECUTIVE SECRETARY ATTORNEY DEPARTMENT OF TRANSPORTATION (SEAL) BY: SCOTT W. COLLISTER, P.E., CPCM DIRECTOR OF TRANSPORTATION DEVELOPMENT, DISTRICT SEVEN BY: DATE 6 Item # 12 Attachment number 2 Page 7 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Locally Funded Agreement between the State of Florida, Department of Transportation and the CITY, dated 2009. PROJECT LOCATION: US 19 (SR 55), from north of Whitney Road to north of SR 60. PROJECT DESCRIPTION: The project will include the construction of a 4' x 10' box culvert to replace existing cross drain under US 19 within the projects limits and other cost associated with the projects construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The DEPARTMENT shall perform all phases of the project construction and inspections. The DEPARTMENT shall hire a qualified consultant and contractor to perform the project. The DEPARTMENT shall invite the CITY to participate in project meetings and provide periodic updates/status reports as requested. The DEPARTMENT shall obtain applicable permits prior to the start of construction. The DEPARTMENT shall provide the CITY all billing information for its review and concurrence, prior to the DEPARTMENT's release of final payment to contractors. In the event that construction conflicts with a CITY utility is encountered during construction, the DEPARTMENT will immediately stop work and safely contain the work area. Then the DEPARTMENT and CITY will formulate a plan to address short term and long term solutions to the issues. Implementation of such plan shall require concurrence by both the DEPARTMENT and CITY. Upon substantial completion of the project, representatives from the DEPARTMENT and the CITY will inspect the work. The DEPARTMENT will allow the CITY to provide the Department any comments for inclusion with the DEPARTMENT's checklist for completion. SPECIAL CONSIDERATIONS BY CITY: The CITY shall furnish the DEPARTMENT with a deposit in the amount of $1,114,000 (one million, one hundred fourteen thousand dollars) for the estimated cost of the project into an interest bearing escrow account established by the DEPARTMENT for the purposes of the proj ect. Additional costs associated with the project include geotechnical reports, utility relocations, additional subcontractors and other unknown issues that may arise. 7 Item # 12 Attachment number 2 Page 8 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 The CITY shall grant the DEPARTMENT, its agents, employees, consultants and contractors right of entry on the CITY's right of way easement for the purpose of the project. The improvements within the CITY'S right of way will be maintained by the CITY. The remaining improvements will be maintained by the CITY for their useful life. The CITY agrees to work with Imperial Cove Apartments and Bay Cove Apartments regarding the removal of encroachments, gates and other features associated with the PROJECT prior to the start of construction. All other provisions for the compliance of this agreement shall remain in full force in accordance with State of Florida and Federal Laws. Item # 12 Attachment number 2 Page 9 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 EXHIBIT "B " PROJECT BUDGET This exhibit forms an integral part of that certain Locally Funded Agreement between the State of Florida, DEPARTMENT of Transportation and CITY, dated 12009. 1. TOTAL ESTIMATED COST ............................ $1,114,000 IL PROJECT PARTICIPATION State ..................................................................$0.00 Federal ...............................................................$ 0.00 Local Participation ...................................$1,114,000 III. PROJECT funds are subject to legislative appropriation of available funds. Item # 12 Attachment number 2 Page 10 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 EXHIBIT "C" MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this , day of , 2009, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, and CITY, hereinafter referred to as the "CITY". WITNESSETH WHEREAS, "FDOT" will construct the following Project: Financial Project No.: 256881 1 52 01 County: Pinellas County hereinafter referred to as the "Project". WHEREAS, FDOT and the CITY entered into a Locally Funded Agreement (LFA) dated , 2009, wherein FDOT agreed to perform certain work on behalf of the CITY in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the CITY to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $1,114,000 (one million, one hundred fourteen thousand dollars) will be made by the CITY into an interest bearing escrow account established by the FDOT for the purposes of the PROJECT. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, and Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. A future deposit will be made by the CITY for the project construction phase as indicated in the LFA. Other deposits will be made at the CITY's discretion as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. All deposits shall be made payable to the DEPARTMENT OF FINANCIAL SERVICES, Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: 10 Item # 12 Attachment number 2 Page 11 of 11 CITY OF CLEARWATER FPN: 256881 1 52 01 Florida Department of Transportation Office of Comptroller 605 Suwannee St MS 42B Tallahassee, Florida 32399 Attn: LFA Section 4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the DEPARTMENT OF FINANCIAL SERVICES and shall have sole authority to authorize withdrawals from said account for purposes of the PROJECT as defined in the LFA. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The DEPARTMENT OF FINANCIAL SERVICES agrees to provide written confirmation of receipt of funds to the FDOT. The FDOT agrees to provide said written confirmation of receipt of funds to the CITY, upon request. 7. The DEPARTMENT OF FINANCIAL SERVICES further agrees to provide periodic reports to the FDOT. The FDOT further agrees to provide periodic reports to the CITY. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER 11 Item # 12 Attachment number 3 Page 1 of 1 RESOLUTION NO. 09-26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF LOCALLY FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CLEARWATER FOR THE DESIGN AND CONSTRUCTION OF A BOX CULVERT UNDER US 19 IN THE TROPIC HILLS AREA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the DEPARTMENT and the CITY have mutually agreed on a set of plans for the construction of a box culvert as part of the US 19 improvements from North of Whitney Road to north of SR 60. WHEREAS, funding is being provided by the City in the amount of $1,114,000. 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 Locally Funded Agreement between the Florida Department of Transportation and the City of Clearwater and authorizes the execution of the same. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2009. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution NtteD94612 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Water Main and Utilities Easement containing 6,750 square feet, more or less, to encumber the North 14.96 feet of TRACT "H" COMMON AREA, CLEARWATER VILLAGE - PHASE ONE, together with the North 15 feet of Lot 9, E. A. MARSHALL'S SUBDIVISION, less the East 39 feet, thereof, jointly conveyed by Clearwater Village, L. C., a Florida limited liability company and Clearwater Village Homeowners' Association, Inc., a Florida not for profit corporation, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: In 2003 Clearwater Village, L. C. submitted a series of plans to develop both single-family housing and attached townhomes in a multi phase residential development addressed at 1312 State Street to be known as Clearwater Village. Associated development plan amendment BCP2003-03628 set out requirements for construction and installation of the interior roadway, water, sewer and drainage facilities, along with landscaping site work for Phase One of the project. Phase One of the project is now essentially complete. County Property Appraiser records indicate 19 of the 25 housing units are in private ownership. The subject easement grants the City rights to maintain and replace as necessary the required 6-inch water main servicing the initial project phase. The utility, including fire hydrant, extends from Kings Highway across the northerly 15 feet of Lot 9, E. A. MARSHALL'S SUBDIVISION, through the project's common area to the platted drainage and utility easement overlaying Freedom Drive, the private central interior roadway. The water main also provides proximate connection for extending future service into Phase IA of Clearwater Village when developed. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 8 d k I I q Q Item # 13 Attachment number 1 Page 2 of 8 Attachment number 1 Page 3 of 8 Inc. 't EJ` Item # 13 r Attachment number 1 Page 4 of 8 mM I Attachment number 1 w ti l 9 l q X 1 t I 1 yi Ja L?.1 rr Ilk _ f ? k If t` ??"l 3 r a, ? D _-._ C ] 2 C) -? C 7 i!. ? CJ LS ? r.?,?W t LU L1.1 4, ?'' Cl3 l l I i l I s I l Page 5 of 8 x Item # 13 Attachment number 1 Page 6 of 8 o i Lill, , C'? v Attachment number 1 Page 7 of 8 9 i Item # 13 Attachment number 1 Page 8 of 8 p a Tom... J, j LL, 1 t,1 Item # 13 Attachment number 2 f'o^c , of ^. -17 z IT w BALM -ST < 4. Sty Pion rd ARBELIA W ST Q w O BERMUDA ST _ h ST ° PORT IDLEVVILD - DR w ST :i t. G J it7 O- J GRANADA iNOODLAWN ERR ST IVA ST SEDEEVA CIR [y _ SEDEEVA CIR S ?ERTLAND -', I 'STATE ,.- ,, w w Q Q POINT RD Y 0 w z r O rK O w z z > rK = O a U) O? ?O 00 PROJECT SITE is O w M D z z w m 0 Q p N IL IY Ridge]-, Cir F W - ' - Q L B, .amore i- z S D_ Ridgelane W Q c CIJf 1BERLANC Q a ru RD U' HUNriNGroN Talisker DR BYR Q 9 ? ij7 O 5?PPM RD n 0 KR USE A 0 { CC -0? Mrghland - Q 0 m Cr Z z LL .. . WILSON RD = O _ ERIN LA SU NSET POINT RD SPRING LA THAMES LA Q C L JOEL LA J BEN kL EY - - Of C7.... OTTEN -ST GREENLEA HEAVEN O- CAROLYN , va SENT LA ur SANDY LA SANDY SANDY LA MARY L RD ROSEMONT DR TERRACE RD 'T -, -• L Clearwater CLW. VILLAGE IN WM & UTILITY EASEMENT W E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (7www27)562-4750, Fax: 26-4755 . learwaterer.co com Map Gen By: SF Reviewed By: EB Date: 4/3/2009 Grid #: 251 B e S-T-R: 3-29s-15e m # 13 Scale: 1"=800' Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1935 Old Coachman Road (Lot 10, Block A, Sunset Point Estates in Section 6, Township 29 South, Range 16 East); and Pass Ordinances 8050-09, 8051-09, and 8052-09 on first reading. (ANX2009-01003) SUMMARY: This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Old Coachman Road approximately 480 feet north of Sunset Point Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the south, east and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Old Coachman Road right-of-way. The applicant has paid the City's sewer impact fee. The applicant has executed a lien agreement with the City to pay the assessment fee. This instrument ensures payment of the applicant's pro rata share of the installation of the sanitary sewer line and facility. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district office located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3: Continue to process voluntary annexations for single-family residential properties upon request. • 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 meets the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 14 Attachment number 1 Page 1 of 7 Item # 14 Attachment number 1 Page 2 of 7 41 4, lit 1 0 1 ?? .? '?? 'fL Mkt ??• F , r ? ?J ell- ?'7r I Itt? ? - :14 L I '''? r •'°t"' v 1 -rJ ? n ? ti~kTM 1 ,?h e f ? - k, p i Y y QUN\' E7 i-CI N7 is , ,.. _ _ i ? ?w. ^k ( i P ?? P F r •l . 161. .G AERIAL PHOTOGRAPH Owner Edmundo and Eleuteria Cruz Case: ANX2009-01003 Site: 1935 Old Coachman Road Property Size (Acre): 0.141 Land Use Zoning PIN: 06-29-16-88146-001-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 254A Item # 14 Attachment number 1 Page 3 of 7 w> I I I I Y I. 1975 ^ , w AMERICUS RR 94 1973 1970 19-1 19 66 66 ' r 70 1971 I \ 196 1966 1967 1974 1962 1963 196 1963 i4 3 ?y 1959 1958 1959 195 1959 1968 - yhh 1955 7954 1955 1,954 1955 1961 Z 1950 1951 1950 1951 10 2 Q 1, 1956 h > o- . \ as C = 1947 1946 C) 1947, 194 Z ., 194 C 16.2 R 87.89 V : _ 195p Q 1943 _19T2 ti 1943 1942 >"' 1943 ° V r/ ^ 1937 1939 1938 Q m 1937 1944 28 Q 79;5 1934 1935 1934 1935 1938 27 10 7t. 1931 1928 1930 1931 2r 193 ?m 11 26 1929 11 0 1927 12 25 1926 v ? 12 7926 19272 ? 1926 i 66 1931,5 24 1922 13 9922 19211 1925 1920 63 avv 191b4 23 1918 191914 1920 1919. 4 - 23.5 - - - 1 1914 191525 1914. 1° 5A 2.6 22 1914 50 19 Fr 191116 21 55 16 21 55 191 t - -190 - 1911 - - 16 17 20 17 20 27 - - - 74(S) - a O c0- - - c - - - 1900 ay 1C O 19 N 55 18N 19N 04 R28 N 50 N 55 431(5) SUNSET POINT RD SUNSET POINT RD 17261 I I 160 I „aoe I I\ / I / r-i I I 1 60 111 PROPOSED ANNEXATION MAP Owner Edmundo and Eleuteria Cruz Case: ANX2009-01003 Site: 1935 Old Coachman Road Property Size (Acre): 0.141 Land Use Zoning From : R-L (County) R-3 (County) PIN: 06-29-16-88146-001-0010 To: R-L (City) LMDR (City) Atlas Page: 254A Item # 14 Attachment number 1 Page 4 of 7 AIVMERtCUS DR - sQSS 1973 , r, 197:1 19 t IE+, I 66 RU '3 19GY 1963. .?, ,. . yry h Q 1?35'S 5, 1 2 AL 5, =196" 1 > 10.2 cc h Q.. a as C r? fIl Jlr? ?. Iy4 .':13'd6 ?/ '19? . 4 16.2 87.89 (/5 4 •' 77gs 1943 .JSc Z p}J ? ?.,? 1A , o - ?? 9.. Lb CO .! n ` -L 19.4 !RL 1935 10 7M4. ?? ?m m ias7 11 y.,?,p 26 / \ 1 11 L?3n .`J3' `? ,s h • ? 1927 12 25 1926 12 10 .19?q .. . 9 L , _ 27 ss - (9231. 24 1922 192513 .1922 )13 sa v A? L 914 23 1918 1919 14 19 29 ?p192D "J'J S sa 2.8 gas 22 1914 so 191§ -4 J - 1911 16 21 ss 16 1911 21 ss - 91 i?SC, 17 20 17 20 27 ati 741 M 19 19 N ss 18N 19 M . 11 a8 CG r- - --I 17261 , so N CG SUNSET POINT RD FUTURE LAND USE MAP V . IJ74 JA ?. FL. 1J41 14, LE f%?j s 0 MMMI so Owner Edmundo and Eleuteria Cruz Case: ANX2009-01003 Property Size (Acre,): 0. 1 41 Site: 1935 Old Coachman Road Land Use Zoning PIN: 06-29-16-88146-001-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 254A Item # 14 Attachment number 1 Page 5 of 7 AM8RtCUS DR 6 ?a r 9L_ 19C.-? ? S> m '.19?i) 1J5?, 197 13 SS > 10.2 Q f ?1. ?.1... .: ..> h h b 49 \ t??. 'Jlr, Q? 194 , 87,89 16.2 (/5 /(,/?+'... 'J1t ` } (I}? 771 >" ?_ ?n Q- 1034 2t, .! r' n O ;. Q, J S L M ?A 1 1935 7 34 7 ? ? ? 7 27 10 1 i ,. ? 1 1 1 , Iasi 1928 W .J3' 2 ?m h 11 26 1929 11 ?1 719 1927 12 2 1 6 12 - j R Co r 92 ss (9231,3 24 1922 - 513 192 ?,4 11422 ' se Av 191914 23 1918 1919 14 2, v) j 14 sa 2.8 28.5 22 1914 so 191§ J]-4 iJ ? - 2p I: 1911 16 21 ss 116 19 21 55 -.' 19132 6 17 20 20 27 A 74(S) M 1? N N 19 N 55 1$N 19 M N 55 N28 1900 N 50 431(S) SUNSET POINT RD L-A 17261 MDIK :1 I-VI/V I KU so so ZONING MAP Owner Edmundo and Eleuteria Cruz Case: ANX2009-01003 Property Size (Acre,): 0 141 Site: 1935 Old Coachman Road . Land Use Zoning PIN: 06-2 9-16-88146-001-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 254A Item # 14 Attachment number 1 Page 6 of 7 ` 1375 ® A080fcUS bR a y? 1973 1970 1971 s6 66 )_ 1970 I \ 7966 1967 1966 1967 1974 , 1962 1963 196 1963 _ a S 1959 1959 1958 1959 1959 19 ? ;v 4 _ 1955 1955 1954 1955 1962 .' Z 9 FA MILY 1950 19511, 1956 10.2 ?> Q o- as C = 18 - Q._ ty .?., 194 G - _ Q 16.2 ° 87,89 V ,1950 Q 1943 1942 1943 1942 1943 Q 1937 ` 1939 1938 CO 1937 1944 n J . H ?- 49,b 1934 X 1935 1934 1935 1938 , _ 127 10 tt. COMMERCIAL 1931 11 1928 26 1929 >> 1930 ?? 193-1 ` 193 1927 AI 25 ¦ • 3LVJ .. 1927 ,. 19 12 19 V Eft 26 66 t9:3f; 24 1922 19213 24 1923= 1920. 63 avv 191h4 23 1918 191914 1920 1919 14 n2, 23.5 22 50 191?J 1914 ti914 1915-« 1914. 191116 55 2, 91 55? 21 i 191, s 190 1 1 - V 16 R I C '. X 17 ,,,7 20 20 27 - - - 74(s) -o eh co- - - - - O a - 1900 ,y G N 1 19 M 55 18N N 19 M N28 M 50 431(5) N N 55 N SUNSET POINT RD r - SUNSET POINT RD 17261 so so EXISTING SURROUNDING LAND USES Owner Edmundo and Eleuteria Cruz Case: ANX2009-01003 Property Size (Acre,): 0 141 Site: 1935 Old Coachman Road . Land Use Zoning PIN: 06-29-16 -88146-001-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 254A Item # 14 Y / 1r t I '. r 1 Vicwloohaugcast at the subject property, 1935 Old 111? at-6a"ili hn1h?ru W] Ili d 111 Coachman Road. subjcct propcrt\. r r ??Ti ?'° ? -_, Yj•?`?.. ff ufir, Ra ? x } View looking at the F ut property south of the View looking noith along Old Uoachman Road at the subject property. west side of subject property. u ,rte ._ : ?;. .•s.? ?{? ?a?. Y>. '? : • 'view looking directly west of the subject property View looking south along Old Coachman road from across Old Coachman Road. the west side of the subject property. ANX2009-01003 Cruz, Edmundo and Eleuteria Item # 1935 Old Coachman Road Attachment number 2 Page 1 of 1 ORDINANCE NO. 8050-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OLD COACHMAN ROAD APPROXIMATELY 480 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOT 10, BLOCK A, SUNSET POINT ESTATES, WHOSE POST OFFICE ADDRESS IS 1935 OLD COACHMAN 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: Lot 10, Block A, Sunset Point Estates, according to the plat thereof as recorded in Plat Book 39, Page 67, Public Records of Pinellas County, Florida (ANX2009-01003) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8050-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8051-09 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 EAST SIDE OF OLD COACHMAN ROAD APPROXIMATELY 480 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOT 10, BLOCK A, SUNSET POINT ESTATES, WHOSE POST OFFICE ADDRESS IS 1935 OLD COACHMAN ROAD, 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 10, Block A, Sunset Point Estates, according Residential Low (RL) to the plat thereof as recorded in Plat Book 39, Page 67, Public Records of Pinellas County, Florida (ANX2009-01003) 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. 8050-09. 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 # 14 Ordinance No. 8051-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8052-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OLD COACHMAN ROAD APPROXIMATELY 480 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF LOT 10, BLOCK A, SUNSET POINT ESTATES, WHOSE POST OFFICE ADDRESS IS 1935 OLD COACHMAN ROAD, 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 10, Block A, Sunset Point Estates, according Low Medium Density to the plat thereof as recorded in Plat Book 39, Residential (LMDR) Page 67, Public Records of Pinellas County, Florida (ANX2009-01003) 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. 8050-09. 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 # 14 Ordinance No. 8052-09 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3012 Glen Oak Avenue North (Lot 23, Block C, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 8053-09, 8054-09, and 8055-09 on first reading. (ANX2009-02004) SUMMARY: This voluntary annexation petition involves a 0.196-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Glen Oak Avenue North, approximately 155 feet east of Bayview Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.308-acres of abutting Glen Oak Avenue North right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the Bayview Avenue right-of-way approximately 155 feet west of the property. This property is in an area proposed for expansion of the City's sanitary sewer system. The applicant has paid the required deposit for the City's sewer impact fee to extend sanitary sewer service to this property. The remainder of the impact fee and assessment fees will be paid prior to hookup to the sewer system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district office located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3: Continue to process voluntary annexations for single-family residential properties upon request. • 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 meets the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Item # 15 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Attachment number 1 Page 1 of 7 I Jj Z [ LU I ? k ?I r r ST W ¢ O, ST HO MEWOOD 0 ST' tQ 3: r....' Q i Z ? a LL. I d ? LEMONWOCE) L 3: Co ti. DR FLINT DR N HUNT . u '?` pR Z ? e I PROJECT( SITE I ` L-j DREW eT Ruth Eckerd Halt tar .,,nL 4 SAN I SAN SAN' w 4 6 PORF'Fni IV I 'k Imo, CHAM9LEr Lk LOCATION MAP Owner German D. David and Mabella T. David Case: ANX2009-02004 Property Size (Acre): 0.196 Site: 3012 Glen Oak Ave. N. Size R-O-W (Acres): 0.308 Land Use Zoning PIN: 09-29-16-45126-003-0230 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page 283A Item # 15 Attachment number 1 Page 2 of 7 k f _ Y. +K n J"?. L' ' 1 .I 3 w ti;e? - i qq . 111 "tt , ., ? k s + ! A ? x''r J q F. ol. U L0 • YK r+" r2 _ .Y SS ice. ? 'Ap- {;? ? ?" ? ? 'd ? LIZ. L '\.zt"Z AM I ` s ti ?t .,h i w.. _ k? '7- f 11ti. ;. , ? ' Vhf „£.J { AERIAL PHOTOGRAPH Owner German D. David and Mabella T. David Case: ANX2009-02004 Site: 3012 Glen Oak Ave. N. Property Size (Acre): 0, 1 96 Size R-O-W (Acres): 0.308 Land Use Zoning PIN: 09-29-16-45126-003-0230 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 283A Item # 15 Attachment number 1 Page 3 of 7 1370 >287 12 /-1-1 _-, _., I .-: ''. :.,- , - I . . ? - G 86 1283 1206 1286 1281 op X20' 1279 1277 < 1200 1276 ?? 1116 _ 11 13 Y 1273 Q U 1112 Q 1 1 1271 126 ? W 1 3 - - 9 Y 1267 ? 1107 1266 1196 Y - CL o o , 1100 q In M ' ° . Y KAPOK KOVE DR 1183 / N o o? er rn ? h I2 A M 151 ? 0^ 21 ,1 o 10 n i 473.8 30 25 24 c7 1C f . ' J - I . . 1 O W) N p fy ?. p O M _ r^ M N O M OM O M M C O M M V' tl' • O. O h O O O GLEN OAK AVE N 918 0 o`I p M a _. J LAKE 908 CPTT OL - I 12 1 10 SEEP T FOR, elf LAIC 5 9A6 O O O ' p F F N Q M M M M . M O M LAKE VISTA DR y 6 . -I ry b O O N1 ..q .M a N N M O h M O I V' M e} 0. p j _.? 1 O1 N 283 M M O M M O M 1 Q V• ?c ?rl Y1" M M.. 806 N 801 M O C p , PROPOSED ANNEXATION MAP Owner German D. David and Mabella T. David Case: ANX2009-02004 Property Size (Acre): 0.196 Site: 3012 Glen Oak Ave. N. Size R-O-W (Acres): 0.308 Land Use Zoning PIN: 09-29-16-45126-003-0230 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 283A Item # 15 Attachment number 1 Page 4 of 7 FUTURE LAND USE MAP Owner German D. David and Mabella T. David I Case: ANX2009-02004 rropeny a,ze uwre, ): 0. 1 96 Site: 3012 Glen Oak Ave. N. SizeR-O-W (Acres,: 0.308 Land Use Zoning From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) PIN: 09-29-16-45126-003-0230 Atlas Page: 283A Item # 15 Attachment number 1 Page 5 of 7 m 4 ZONING MAP Owner German D. David and Mabella T. David I Case: ANX2009-02004 rropeny a,ze uwre, ): 0. 1 96 Site: 3012 Glen Oak Ave. N. SizeR-O-W (Acres,: 0.308 Land Use Zoning From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) PIN: 09-29-16-45126-003-0230 Atlas Page: 283A Item # 15 Attachment number 1 Page 6 of 7 131 1287 12 _ _ ? s: 85 ? ? 1283 pj " 1206 1286 1281 oo r?o, - - - 1279 1277 1200 1275 1116 1113 1273 1271 V 1112 a 1113 .'. 1269 ?7 LU Y 1267 1265 1107 - - K. CC Ar 4 11QOt KAPOif KCIVE DR 1183 N I M? o 0 0 LCI Q Q f 0 I[A M -?51 51, L2 18 M M ,a M M / 473 30 25 24 21 2(1 r O W) O o O Q M N Ivy O u) ttO pp N M. M M M O y M M Parklan VF" 1]i N LAKE 908 - i "Q1 SEEP T I OR. ? 1( S -906 N M 0 Q M ? M _ C M M h Sin g e6 F ?ya .N LAKE VISTA ry N /`yam R a 1 M M M M 283 O M en M M O . m:. 4 N Cf? 801 806 H m oQ . ?? M M fi0... EXISTING SURROUNDING USES MAP Owner German D. David and Mabella T. David Case: ANX2009-02004 Site: 3012 Glen Oak Ave. N. Property Size (Acre,): Size R-O-w(Acresj: 0. 1 96 0.308 Land Use Zoning From : R-L (County) R-3 (County) PIN: 09-29-16-45126-003-0230 To: R-L (City) LMDR (City) Atlas Page: 283A Item # 15 1;7 it ' I Y + View looking north at the subject property, 3012 Glen Oak Avenue North. 01 ? .. ? .fi F v5 t? View looking at the adjacent property east of the subject property. r _. A. A? ; ?f w:, View looking at the adjacent property west of the subject property. N ? 4h t .. ?' K ?{cy G 'at 4 'AA" t f a. View to south of subject property. View looking west along Glen Oak Avenue from the View looking east along Glen Oak Avenue from the subject property. subject property. ANX2009-02004 David, German D. and Mabella T. Item # 3012 Glen Oak Avenue North Attachment number 2 Page 1 of 2 ORDINANCE NO. 8053-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE NORTH APPROXIMATELY 155 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 23, BLOCK C, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3012 GLEN OAK AVENUE NORTH, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF GLEN OAK AVENUE 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 23, Block C, Kapok Terrace, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida, together with the right-of-way abutting lots 23, 24 and 25 of Glen Oak Avenue North. (ANX2009-02004) 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. Ordinance No.l-@915 Attachment number 2 Page 2 of 2 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 Ordinance Nol.tBM39915 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8054-09 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 GLEN OAK AVENUE NORTH APPROXIMATELY 155 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 23, BLOCK C, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3012 GLEN OAK AVENUE NORTH, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF GLEN OAK AVENUE 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 23, Block C, Kapok Terrace, according to the plat Residential Low (RL) thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida, together with the right-of-way abutting lots 23, 24 and 25 of Glen Oak Avenue North. (ANX2009-02004) 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. 8053-09. 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. 8054-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8055-09 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 GLEN OAK AVENUE NORTH APPROXIMATELY 155 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 23, BLOCK C, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3012 GLEN OAK AVENUE NORTH, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF GLEN OAK AVENUE NORTH 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 23, Block C, Kapok Terrace, according to the Low Medium Density plat thereof as recorded in Plat Book 36, Pages Residential 14 and 15, Public Records of Pinellas County, (LMDR) Florida, together with the right-of-way abutting lots 23, 24 and 25 of Glen Oak Avenue North. (ANX2009-02004) 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. 8053-09. 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. 8055-09 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 918 Moss Avenue (Lot 1, Block F, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 8056-09, 8057-09, and 8058-09 on first reading. (ANX2009-02005) SUMMARY: This voluntary annexation petition involves a 0.309-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Moss Avenue and on the south side of Glen Oak Avenue North approximately 100 feet east of Bayview Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the Bayview Avenue right-of-way approximately 100 feet west of the property. This property is in an area proposed for expansion of the City's sanitary sewer system. The applicant has paid the required deposit for the Ciy's sewer impact fee to extend sanitary sewer service to this property. The remainder of the impact fee and assessment fees will be paid prior to hookup to the sewer system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district office located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3: Continue to process voluntary annexations for single-family residential properties upon request. • 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 therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the north; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 16 Attachment number 1 Page 1 of 7 ff L,rr --- -- FLINT CIF B I ST HOM,.,EWOOD ?Qr + ??. 'mow Q .. O 1 LLh9ll ?` Q J ?rF TR'?JL_ NU 00 1 00 d 2 DR I PROJECT( SITE I Ruth Eckerd Hall Qr. f Y SAN BAN yr of 0 iU w 7- ri ii L dj [DREW BORDEAUX LA n f_H, JBLEE LA y LOCATION MAP Owner Ray E. Slaughter II and Dana L. Slaughter Case: ANX2009-02005 Property Size (Were.): 0.309 Site: 918 Moss Ave. Land Use Zoning From : R-L (County) R-3 (County) PIN To: R-L (City) LMDR (City) Atlas Page 09-29-16-45126-006-0010 283A Item # 16 Attachment number 1 Page 2 of 7 s +? d j 4 ? -tin ? ? ?d j L M . . ? r ; 1 7 c , t I N r r' v ? F <?LQ? ? ? ak ti 4 - ..r ?y ?E. y R,'?' ?'T ??4•'??' .'?Y. 1.. C+ r 'fl•i. F,,. ? .? b ` yy hhh ? ? d : ,P'. y f'br \ ? ?. •'1 L,: .r ? ?. 3.` ? 'tit ? t ?zi? C.zf\ zl l- . li t l , AW, 'S '.... arc ? ? z .: LIt ? ? ? ` t ' •.. ?, ? ??„:: -, k ? %hGef ? l? ?rb 4 l 1 N G, dz'say 1 W N I k Ao- 41 12.? i k l i «r .ter µy s IfV. ANS., AERIAL PHOTOGRAPH Owner Ray E. Slaughter II and Dana L. Slaughter Case: ANX2009-02005 Site: 918 Moss Ave. Property Size (Acre.): 0.309 Land Use Zoning PIN: 09-29-16-45126-006-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 283A Item # 16 Attachment number 1 Page 3 of 7 s 1113 1275 1 1816 ., q 273 1 11?2 ' 271 0 1107 a 1106 Y - - Q - ' - -41 m © q 10 14 O ° 1100` ? M ? M.;' - Y KAPOK KOVE DR 1183 ° Ira 151 o G M. 0 M 0 M.- 0 M 0 M + 473.8 30 25 24 21 tl 11, h 1., ?„ I ' I 1 11 co a I .. rn o O o N MM M M M I GLEN OAK`AVE N _ P 915 a M E 0 M I I 0 M 0 M o M LAKE :.. 908 . t k,AROL _ sk SEEP 1. T )H All ?f§I. 906 It 0 4 o c o O 900 M LAKE VISTA DR h^ 0 6 r O O O M ry C Q O O O I- a, M N 283 O M O M M:. M': M ?._ M 808 w RO O a Lri Y1 M er 806 cP 801 M v ' v o M 3 800 0 TERRACE VIEW LN 111 L AKE M ?, 712 M M M _ 4?'12C, M 7tl?. PROPOSED ANNEXATION MAP Owner Ray E. Slaughter II and Dana L. Slaughter Case: ANX2009-02005 Property Size (Acre.): 0.309 Site: 918 Moss Ave. Land Use Zoning From : R-L (County) R-3 (County) PIN 09-29-16-45126-006-0010 To: R-L (City) LMDR (City) Atlas Page 283A Item # 16 Attachment number 1 Page 4 of 7 Imo/ OS 283 RIOV FUTURE LAND USE MAP Owner Ray E. Slaughter II and Dana L. Slaughter Site: 918 Moss Ave. Land Use From To: R-L (County) R-L (City) Zoning R-3 (County) LMDR (City) Case: ANX2009-02005 ey Size (Acre,): 0.309 Size R-O-W (Acres: PIN: 09-29-16-45126-006-0010 Atlas Page: 283A Item # 16 Attachment number 1 Page 5 of 7 127 1273 MDR 4 C L Y -- 41 Y KA POK KOVE DR d: 26 / 71 7 I s 451 8 ti y- 473.8 17 GLEN OAK AVE N LMDR' LAS<E.'.. -. , OSR CAROB - - te" SEE P h ICI. S ? b ]l MAKE VISTA DR yn Y N LDR m N 283 o ? o ? ? _ ?Y"1 art }1 o Ui ^ G TERRACE VIEW LN 45]6 ? ZONING MAP Owner Ray E. Slaughter II and Dana L. Slaughter Case: ANX2009-02005 Site: 918 Moss Ave. Property Size (Acre,): 0.309 Land Use Zoning PIN: 09-29-16-45126-006-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 283A Item # 16 Attachment number 1 Page 6 of 7 1200 7 ... ?: 6 9113 /? 1? 1278 1116 C 1273 V 1112 - 4 1271 Q 1107 . a 1106 Y - - - _ - - - 41 4 © D 'p N : O 1100` Q ° M M Y KAPOK KOVE DR ,1183 26 to QD - " 51 8 ° ° - ° ?°, 473.8 Si ?qle am L2 l R {'?1T 30 25 24 . Z'? Jd l`i. S [' I h I . Co ? 11, r,. in i , I i 11 h: O M O M O M O M ?j M 14 -' M OM O M C, \\ Cj/ YV?-G91" V' p q O C, C O O I '. . .. N Parkland . '0 M S"1 M M ? GLEN OAK AVE N `7 1 b ' _ ? ?? ? m ? M M LAKE - 003 t 4 CAROL - - eti tip 16" SEEP T ? CW ?d PSI. S 906 0 - M. v v 900 yn . I n Le a i Ly? r m SAKE VISTA DR N s id rli I M F N M O R o 6 Of N 283 O M M M M I. M -. 808 O w O " D o O M M. v ? art }1 M oo M (" 801 M 806 N o' M R e° 800 c G Ch TERRACE VIEW LN 1; - LAKE 712 M b Vim.. F. O M h _ X i a 708 EXISTING SURROUNDING USES MAP Owner Ray E. Slaughter II and Dana L. Slaughter Case: ANX2009-02005 Property Size (Acre,): 0.309 Site: 918 Moss Ave. Land Use Zoning PIN: 09-29-16-45126-006-0010 From : R-L (County) R-3 (County) To: R-L (City) LMDR (City) Atlas Page: 283A Item # 16 View looking south at the subject property, 918 LVloss Avenue. i L.1' •. c View looking at the adjacent property south of the subject property. OW i N 1 1 yr! 1? Wn i ] ` it 5 A •1 ? J Y f A?{ • ?F1 { View looking west along Glen Oak Avenue from the View looking along Glen Oak Avenue east of the subject property. subject property. ANX2009-02005 Slaughter, II Ray E. and Dana L. Item # 918 Moss Avenue { .F '{ a IV I, rats.`", View looking north of the subject property. View looking east of the subject property. Attachment number 2 Page 1 of 2 ORDINANCE NO. 8056-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MOSS AVENUE AND ON THE SOUTH SIDE OF GLEN OAK AVENUE NORTH, APPROXIMATELY 100 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK F, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 918 MOSS AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 1, Block F, Kapok Terrace, according to the map or plat thereof, recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida (ANX2009-02005) 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 Item # 16 Ordinance No. 8056-09 Attachment number 2 Page 2 of 2 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 # 16 Ordinance No. 8056-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8057-09 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 MOSS AVENUE AND ON THE SOUTH SIDE OF GLEN OAK AVENUE NORTH, APPROXIMATELY 100 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK F, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 918 MOSS AVENUE, 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 1, Block F, Kapok Terrace, according to the Residential Low (RL) map or plat thereof, recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida (ANX2009-02005) 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. 8056-09. 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 # 16 Ordinance No. 8057-09 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8058-09 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 MOSS AVENUE AND ON THE SOUTH SIDE OF GLEN OAK AVENUE NORTH, APPROXIMATELY 100 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK F, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 918 MOSS AVENUE, 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 1, Block F, Kapok Terrace, according to Low Medium Density Residential the map or plat thereof, recorded in Plat Book 36, (LMDR) Pages 14 and 15, Public Records of Pinellas County, Florida (ANX2009-02005) 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. 8056-09. 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 # 16 Ordinance No. 8058-09 Attachment number 4 Page 2 of 2 Item # 16 Ordinance No. 8058-09 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1831 Beverly Circle North (Lot 1, Lake Lela Manor First Addition in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8062-09, 8063-09 and 8064-09 on first reading.(ANX2009-02006) SUMMARY: This voluntary annexation petition involves a 0.334-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Beverly Circle North, approximately 180 feet west of Brookside Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north, south, east, and partially to the west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Beverly Circle North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. 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 Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and the meets the District's minimum dimensions through the Flexible Standard requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and partially to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 7 Z Z r71VL ,?6 C3 > - G [a m Q L F) S I C3 a r aRlc N ST 0 Q I, W g Lt N N 11 < Lul? I I t RD d T FF . CRCi'DON DR L < Df' DR d ,? 7i1 :i [ C] L1kGh'oL3A I RIPON DR C` L w r _. d 1 u l r r.l aN ()R L 1K L?Cz , JE? FORDS ST JEFFORDS ST -7 tl} +, w r DR EST'ELLE :? F H C7 R ,,.? ALEESCT s I _ Vt ;, I RD I ? s -1 I I , I ? ? f7 vr_ '?r? I CO . 1 , ? ? J t ? ' RONET - - I 1 1 i i ? ,F ?'?- 1 rt T I w ? . .r C r aJ z ?n w D PROJECT G. ! i I G SIJ' LE - 1 .G L f f SITE ,. - HUN LOCATION MAP Owner Irma S. Day Case ANX2009-02006 I Site: 1831 Beverly Circle North Property 0.334 I Size (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN 24-29-15-48006-000-0010 To: RL (City) LDR (City) Atlas Page: 308A Item # 17 Attachment number 1 Page 2 of 7 , 44, 1 qyyy????j 10 ? 7j Y. _? lH h - t 'C `J1 J? .. ` i r u a r d 1. 5t' . .w• rub. L }., a d } y a '4 . ?{` F R 4 ?. , Rj yl;, Sri F - ? `• - y % 2 2, r h x 'r 46 T ?P? t? y? a 11 "!' 04 !. Pc M'xn - 1 I \ .r ?y .. Aft- ?+ z AERIAL PHOTOGRAPH Owner Irma S. Day Case: ANX2009-02006 Site: 1831 Beverly Circle North Property 0.334 Size (Acres): Land Use Zoning PIN: 24-29-15-48006-000-0010 From : RL (County) R-3 (County) To: RL (City) LDR (City) Atlas Page: 308A Item # 17 Attachment number 1 Page 3 of 7 a rs11fl4 1z M a N 00 M M M a 7 121$ - ?? i . 1223 14 ?' l 00 C14 ?0 ro co 10 MEADOW LN 1200 co M ep ? 563, 0 ?? X30 ! 1231 s / 1239 1238??3 / 17 16 ? 15 14 4 ? 12 11' 10 20303 " °ro co co m: to 00 o BEVERLY CIR N 1878 1202 170 7 M M n M M co LU L KE LEL? 3 124 2 igo W I 1246 Y r 120 1255 - - 9 8 7 1254 1.249 12 6 5 4 o N ?, o W y 00 0, r f' 1U . 1212 1216 0..1220 LAKEVIEW RD M M M M ? 1 PROPOSED ANNEXATION MAP Owner Irma S. Day Case: ANX2009-02006 Site: 1831 Beverly Circle North Property Size (Acres): 0.334 Land Use Zoning From : RL (County) R-3 (County) PIN: 24-29-15-48006-000-0010 To: RL (City) LDR (City) Atlas Page: 308A Item # 17 Attachment number 1 Page 4 of 7 1200 20304 u 1212 7777 LAKEVIEW RD RL r ,. RL RL , ? ILL FUTURE LAND USE MAP Owner Irma S. Day Case: ANX2009-02006 Site: 1831 Beverly Circle North Property 0.334 Size (Acres): Land Use Zoning From : RL (County) R-3 (County) To: RL (City) LDR (City) PIN Atlas Page 24-29-15-48006-000-0010 308A Item # 17 Attachment number 1 Page 5 of 7 KENDALL'DR \ 77, y + i t t ,o k YA 1b - W ?m 30 „o ZONING MAP Owner Irma S. Day Case: ANX2009-02006 Site: 1831 Beverly Circle North Property Size (Acres): 0.334 Land Use Zoning From : RL (County) R-3 (County) PIN: 24-29-15-48006-000-0010 To: RL (City) LDR (City) Atlas Page: 308A Item # 17 Attachment number 1 Page 6 of 7 1114 C?5 N M M VM V 7 co Q] p? W M M W ?7 a ?. C 1215 + . h U r C h 1200 10 1 2 , 12 y 1216 1220 - 1223 = a` 1 17 1a y 14 M k ?i lz? H ?. MEADOW LN LAKEVIEW RD 771 7. q EXISTING SURROUNDING USES MAP Owner Irma S. Day Case: ANX2009-02006 Site: 1831 Beverly Circle North Property Size (Acres): 0.334 Land Use Zoning From : RL (County) R-3 (County) PIN: 24-29-15-48006-000-0010 To: RL (City) LDR (City) Atlas Page: 308A Item # 17 View looking south at the subject property, 1831 Beverly Circle North }yp? 7 ' .. - n 1. View looking west from the subject property sa 44 4 t2E.: Attachment number 1 Pape 7 of 7 a ' y` View looking east from the subject property i w ?I N A:2?-..a-IRW View looking north from the subject property View looking westerly along Beverly Circle North ANX2009-02006 Day, Irma S. 1831 Beverly Circle North Item # 17 Attachment number 2 Page 1 of 1 ORDINANCE NO. 8062-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BEVERLY CIRCLE APPROXIMATELY 460 FEET EAST OF KEENE ROAD AND 180 FEET WEST OF BROOKSIDE ROAD, CONSISTING OF LOT 1, LAKE LELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1831 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 1, Lake Lela Manor First Addition, according to the map or plat thereof as recorded in Plat Book 38, Page 7, public records of Pinellas County, Florida (ANX2009-02006) 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 17 Ordinance No. 8062-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8063-09 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 BEVERLY CIRCLE APPROXIMATELY 460 FEET EAST OF KEENE ROAD AND 180 FEET WEST OF BROOKSIDE ROAD, CONSISTING OF LOT 1, LAKE LELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1831 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 1, Lake Lela Manor First Addition, according Residential Low (RL) to the map or plat thereof as recorded in Plat Book 38, Page 7, public records of Pinellas County, Florida (ANX2009-02006) 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. 8062-09. 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 # 17 Ordinance No. 8063-09 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8064-09 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 BEVERLY CIRCLE APPROXIMATELY 460 FEET EAST OF KEENE ROAD AND 180 FEET WEST OF BROOKSIDE ROAD, CONSISTING OF LOT 1, LAKE LELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1831 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 1, Lake Lela Manor First Addition, according to Low Density Residential (LDR) the map or plat thereof as recorded in Plat Book 38, Page 7, public records of Pinellas County, Florida (ANX2009-02006) 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. 8062-09. 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 # 17 Ordinance No. 8064-09 Attachment number 4 Page 2 of 2 Item # 17 Ordinance No. 8064-09 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1927 Summit Drive (Lot 94, Skyline Groves in Section 6, Township 29 South, Range 16 East); and Pass Ordinances 8065-09, 8066-09 and 8067-09 on first reading. (ANX2009-03007) SUMMARY: This voluntary annexation petition involves a 0.174-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Summit Drive, approximately 100 feet north of Raymont Drive. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Summit Drive right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste is provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Cover Memo • 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 distrigt6y&q 1a1 fined 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 therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the north and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 7 Location Map Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property Size (Acres): 0.174 Land Use Zoning From : RL (County) R-3 (County) PIN: 06-29-16-82710-000-0940 To: RL (City) LMDR (City) Atlas Page: 254B Item # 18 Attachment number 1 Page 2 of 7 f 1 ?` ? 11 f-. ? yy?y y A? -z 34 ?y > 'fin tY ? ? [ r I JrF/¦,xr ? ? Y `a3 .. ,1 f l a V F"- T4 4 fir,, j. . ? l? ? ? 14 i . «'Y ,yp?p `-ff¦ W ry J.1 ? MNSd ?_ ?`' , . i i ? 'fr .F ?r ?• 1•d 5 ?. - y ?, d "•' 46 7MW i rM y ? 1 1 I Aerial Photograph Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property 0.174 Size (Acres): Land Use Zoning PIN: 06-29-16-82710-000-0940 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 254B Item # 18 Attachment number 1 Page 3 of 7 198 71 17 Q 197 8 W 67 1973 16 1972 66 1978 So -y u. 1956 1957...' 1957 1956 196.. I L 195 1960 1954 ? dl Q 10 1953 1956 1951 5 19 1949 1954 ? 1948 1 I t ? '., 1945 1944 1943 Y 1942 105 1947 " Q 91 Q 1948 Q 193 194 1938 0 1942 U Q CL 6 194 99 r- 1936 19 A271 1 L -= W 939 Q 10 98 193 CO) 93 O 1936 co 0 1930 W 1926 ' 1932 1926 W 6 1929 108 17 1927 .. 01 1928 7+ 1924 y 1921 - 5 v 7 N- V vai N 95 - r 1 1920 58 1918 N N So 4 RAY MONTQR 1912 J 3 190 2 N 1 N 50 1912 7 N ? N ? N N N N 49 50 51 52 56 57 48 zz7s7 47 46 45 44 l3 E aa' a ? h N 321 11 . 1979`.` ?4 . 1973 A 29 ' 1967 30 1961 31 1955 32 2 1949 33 1943 34 1937 35 1931 36 1925 37 ,. `1919 1913 1967 n 1901- 41 Proposed Annexation Map Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property Size (Acres): 0.174 Land Use Zoning From : RL (County) R-3 (County) PIN: 06-29-16-82710-000-0940 To: RL (City) LMDR (City) Atlas Page: 254B Item # 18 Attachment number 1 Page 4 of 7 F 9 93 i - 9e (RM) Residential Medium 17 16 99 1973 ss s x969 1967 30 963 Q 98 1961 196 31 1955 „r9 R J Re d Yial w ss `e- ' _ - 94 1949 ?`?iJ 33 155 194, 1943 a 93 S. Q 194x6 9434 ?. 93, '.1935 1937 19J 35 10] 193 ? J 193 193 qq)) c -' 0 933 Z 6 19a i\ 9° '9z 61 ? c? 931y. 192 a_ + 5819 37 s Y, 191 L 4 RA M 191 v v - I9 3 ? 3 N ry ? T 1 4B 5D 51 52 - -7 'Y'ob 19 ?s 191 2 I^ 21 W p r 8 47?i 46 41 N 19 s N N •} N N N ry SUNSET POINT RD i i 23698 Future Land Use Map Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property 0.174 Size (Acres): Land Use Zoning From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page 06-29-16-82710-000-0940 PIN 254B Item # 18 Attachment number 1 Page 5 of 7 an,. 1980 1 J, 1. " 1 g7.7777= 17 Q 1978 W 67 1 j II Io 16 1972 1973 29 i. ? ?. ? 66 ' 1978 50 1967 F ' 30 .955 - 195: 1961 1954 Ir b_ 640 L 1 Q 9F3 9,8 1955 l0 950 9-19,. 7954 32 1.2 .,1 m 1 1 I .I t 1 •?- 91 8 - - 1945 q94, t x-13 1949 105 I " ?' 91 G Cr _ ?,_ 1948 33 x 1942 8 938 94.2 938 42 1943 194J06 99 C 11 .1 r ` -,.. o ,I 34 Q 1356. 19 C 1 W 009. 1936 1937 Q 107 98 co 93 Q 60 35 1930 W Z 1.1_t Y 931 v496 1931 . 6 1929 108 0. 1 1:28` W 36 .. 1924 Y 1 r / 1 1925 5 1 ? ? 0 95 1 37 x N 1918 50 4 RAYMONT R 1912 n c7 ° _ 1912 3 v 49 N 50 v ° N N 51 52 ?3 1 c N 56 57 1906 98' 2 227.57 48 47 46 45 44 l3 IL 1901 ? N I N N C41 `I41 50 .11 22 5 Zoning Map Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property Size (Acres): 0.174 Land Use Zoning From : RL (County) R-3 (County) PIN: 06-29-16-82710-000-0940 To: RL (City) LMDR (City) Atlas Page: 254B Item # 18 Attachment number 1 Page 6 of 7 198 71 17 Q 1978 W 67 ' 1973 ( ti ; d o a 6 1972 66 1978 50 c-eat i of 6 , n aq u. 195 6 1957. ..' _1 1957 1956 196 1954 if" t, i1141et ani lv kC9 (IZ`11rt141 1955 1960 Q 0 1953 1956 1951 1 5 1949 1954 m:. . 1948. '.., 1945 1944 Q: 1943 1942 105 1947 " 91 .y Q 1948: Q Q 6 193 ss 19402 1938 0 1942 2 19Pf r J 196 193 193 9 1 W O 939. 1936 Q 0 sa s3 s0 co 0 1930 W Z 1926 1932 1926 W 6 3j 1929 108 11 le killi Y 192z 0.11". .e11 li 142 1924 c 1921 - 5 o v 1 N c. H _ N 95 ?7.. 1920 58 . N N 1918 50 4 RAY MONT qq 1912 3 i 190 2 N 1 N 50 N 49 {vim 50 Ul v , N v ft?le Rn o (ly'?1 ?. ^ -N 1912 57 48 227.57 ? 4s as, 7it4ical S and Prof 4 c r N? 7 N 221.11 N h Existing Surrounding Uses Map 1979`.` .. 1973 2s 1967 30 1961 31 1955 32 1-2 1949 33 1943 34 1937 35 1931 36 1925 37 1919 1913 1907 1so1 41 Owner John R. and Lynn E. Borland Case: ANX2009-03007 Site: 1927 Summit Drive Property Size (Acres): 0.174 Land Use Zoning From : RL (County) R-3 (County) PIN: 06-29-16-82710-000-0940 To: RL (City) LMDR (City) Atlas Page: 254B Item # 18 Attachment number 1 Page 7 of 7 a x i ";?.. INS M • View looking east at the subject property, 1927 Summit Drive View looking west from the subject property. x ?p z fe View looking north along Summit Drive. View looking south along Summit Drive. ANX2009-03007 Borland, John R. and Lynn E. Item # 18 1927 Summit Drive Attachment number 2 Page 1 of 1 ORDINANCE NO. 8065-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SUMMIT DRIVE APPROXIMATELY 100 FEET NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 94, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1927 SUMMIT 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 94, Skyline Groves, according to plat thereof recorded in Plat Book 44, Page 22, public records of Pinellas County, Florida (ANX2009-03007) 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 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. 8065-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8066-09 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 EAST SIDE OF SUMMIT DRIVE APPROXIMATELY 100 FEET NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 94, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1927 SUMMIT 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 94, Skyline Groves, according to plat thereof Residential Low (RL) recorded in Plat Book 44, Page 22, public records of Pinellas County, Florida (ANX2009-03007) 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. 8065-09. 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 # 18 Ordinance No. 8066-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8067-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SUMMIT DRIVE APPROXIMATELY 100 FEET NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 94, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1927 SUMMIT 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 94, Skyline Groves, according to plat thereof Low Medium Density Residential recorded in Plat Book 44, Page 22, public records of (LMDR) Pinellas County, Florida (ANX2009-03007) 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. 8065-09. 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. 8067-09 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code to implement school concurrency, and Pass Ordinance 8028-09 on first reading. (TA2009-01001) SUMMARY: The Planning Department is recommending text amendments to the Community Development Code to implement school concurrency. The proposed amendments to the Community Development Code are intended to ensure consistency with the Public School Facilities amendments to the Clearwater Comprehensive Plan (adopted in 2008) and the provisions of the Interlocal Agreement between Pinellas County School Board, Pinellas County, the City of Clearwater and eleven other municipalities. The amendments that present a change in current policy or a new policy issue are outlined below: • Public School Facilities Concurrency. This ordinance proposes new Section 4-905 to implement school concurrency ensuring that there will be workspace available in schools for students generated by new residential projects that contain 25 or more units. School concurrency will be tracked on a countywide basis through the countywide computer system. • Recording of the final plat. The ordinance adds sidewalk requirements associated with a subdivision plat for improving the safety of students as they access public school facilities (consistent with Clearwater Comprehensive Plan Policy J.3.1.6). • Standards for certificate of concurrency/capacity. This ordinance adds subsection 7 to Section 4-903 A., referring to the new public school facilities concurrency requirements of Section 4-905. This ordinance revises Section 4-903 B. to reflect the current Clearwater Comprehensive Plan Policy L1.3.3. • Definitions. This article concerns definitions that are associated with school concurrency so that the City is consistent with the terms set forth in the Interlocal Agreement. The Community Development Board (CDB) reviewed the proposed text amendments at its pubic hearing of April 21, 2009. The CDB unanimously recommended approval of the proposed amendments with no comments. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 10 ORDINANCE NO. 8028-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE PLAN; BY AMENDING THE COMMUNITY DEVELOPMENT CODE TO IMPLEMENT PUBLIC SCHOOL CONCURRENCY; BY ADDING NEW SUBSECTION 4 TO SECTION 4-708, RECORDING OF THE FINAL PLAT, PROVIDING FOR SIDEWALKS REQUIRED WITHIN TWO MILES OF ANY PUBLIC SCHOOL FACILITY TO BE CONSTRUCTED AS A PORTION OF A DEVELOPMENT CONSTRUCTION; BY AMENDING SECTION 4-903, BY ADDING NEW SUBSECTION A.7, PUBLIC SCHOOL FACILITIES; BY AMENDING SECTION 4- 903, SUBSECTION B., UPDATING THE REFERENCE FROM PREVIOUS COMPREHENSIVE PLAN POLICY NUMBER 28.3.3 TO CURRENT POLICY NUMBER 1.1.3.3, AND AMENDING SUBSECTION C.2, PROVIDING FOR CONSTRUCTION OF PUBLIC FACILITIES TO BE IN PLACE OR UNDER CONSTRUCTION WITHIN 3 YEARS AFTER PERMIT ISSUANCE; BY ADDING SECTION 4-905. PUBLIC SCHOOL CONCURRENCY PROGRAM, PROVIDING FOR A PURPOSE AND INTENT AND PROCEDURES; BY AMENDING SECTION 8-102 "DEFINITIONS" PROVIDING FOR PUBLIC SCHOOL CONCURRENCY DEFINITIONS AND BY MAKING EDITORIAL CORRECTIONS FOR THE DEFINITIONS OF LEVEL OF SERVICE STANDARD AND LIVING ABOARD (A BOAT); CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code, replacing the previous Land Development Code, on January 21, 1999 which was effective on March 8, 1999, in accordance with Section 163, Part 11, Florida Statutes (F.S.), and WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, Section 163.3177(12), F.S., was amended in 2005 to require all non- exempt counties and each non-exempt municipality within those counties to adopt and implement a public school facilities element and a school concurrency program; and WHEREAS, the City of Clearwater is non-exempt from the requirements of Section 163.3177(12), F.S., and must, along with 11 other non-exempt municipalities within the county and Pinellas County, adopt land development regulations to implement school concurrency; and -1- OrdinaniteM. #019-09 Attachment number 1 Page 2 of 10 WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 4, "Development Review and Other Procedures", Division 7, "Subdivisions/Plats", of the Community Development Code, be, and the same is hereby amended by adding subsection 4 to Section 4-708. A., as follows: Section 4-708. Recording of the final plat. A. Prior to the recording of a final plat, the applicant shall have completely installed to the satisfaction of the city engineer all of the following improvements in accordance with the standards set forth in this Development Code and the approved final plat: ********** 4. For orooerty beina platted within a two-mile radius of anv existina or planned public school facility, the developer(s) shall be responsible for the construction of required sidewalk(s) along the corridor contiguous to the property being developed that directly serves the public school facility. Such sidewalk(s) shall be constructed according to City specifications. ********** Section 2. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", Section 4-903, "Standards for certificate of concurrency/capacity", Subsections A, B, and C, of the Community Development Code, be, and the same are hereby amended as follows: Section 4-903. Standards for certificate of concurrency/capacity. A. In determining whether a certificate of concurrency/capacity may be issued, the community development coordinator shall apply the level of service standards in the comprehensive plan according to the following measures for each public facility: ********** 7. Public School Facilities: Section 4-905 Standards for Public School Concurrency. ********** -2- OrdinanitM. #019-09 Attachment number 1 Page 3 of 10 B. For public facilities provided by entities other than the city, the certificate may be issued subject to the availability of such public facilities consistent with policy 1.1.3.3 :22 2 3 of the comprehensive plan. ********** C. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, the applicant may: ********** 2. Accept a 90-day encumbrance of public facilities that are available and, within the same 90-day period, arrange to provide for public facilities that are not otherwise available. to be in place or under construction not more than 3 vears after permit issuance. ********** Section 3. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", of the Community Development Code, be, and the same is hereby amended by adding Section 4-905. Public School Facilities Concurrency, to read as follows: Section 4-905. Public School Facilities Concurrency. A. Purpose and Intent. The purpose of public school facilities concurrency is to assure that there is available capacity for the number of anticipated students generated by residential development and/or subdivision plat approvals in each public school concurrency service area in accordance with the Public School Interlocal Agreement for public school facilities in Pinellas County. B. Public School Facilities Concurrency Procedures. 1. Application for school concurrency review. In concert with an application for a residential development and/or plat approval submitted in accordance with Section 4-202, an application for school concurrency review shall be submitted. The application will be considered complete if it includes all information needed to review the application in accordance with the countywide school concurrency program. 2. Review of school concurrency application. When a school concurrency application is deemed to be complete, it shall be reviewed in accordance with the procedures for this application provided for in this section, as they may apply. These procedures include a review of the application for concurrency with the Level of Service standard for public school facilities. 3. School concurrency applied in concert with an application for a proposed residential development and/or plat approval. -3 - OrdinanitM.#019-09 Attachment number 1 Page 4 of 10 a. When a completed school concurrency application is filed, the City will input the applicable school concurrency information from the application into the countywide school concurrency system in order to request a determination on adequacy of available capacity within the affected concurrency service area where the proposed residential development and/or plat is proposed to be located. i. The City will be authorized by the system to immediately issue a school concurrency approval for a proposed residential development and/or plat of less than 25 dwelling units. ii. The school concurrency application information for a residential development and/or plat of 25 dwelling units or greater will be sent forward through the system to the School District for review. iii. Within 25 days of receipt from the City of the school concurrency application information for a residential development and/or plat, the School District shall review the application and render a public school concurrency determination confirming whether or not there is available capacity for all types of schools to accommodate the estimated number of students that would be generated by the proposed residential development and/or plat. b. When the countywide school concurrency system indicates there is adequate available capacity for a proposed residential development and/or plat in the affected concurrency service area, the School District will immediately notify the City to issue a school concurrency approval for the proposed residential development and/or plat. c. If there is not adequate available capacity for a proposed residential development and/or plat in the affected concurrency service area: i. The School District will consider contiguous concurrency service area(s) in addition to the affected concurrency service area. ii. If it is determined that, in the aggregate, there is adequate available capacity in the concurrency service area and the contiguous concurrency service area(s), the School District shall immediately notify the City to issue the school concurrency approval. iii. If it is determined that, in the aggregate, there is not adequate available capacity in the affected concurrency service area and in the contiguous concurrency service area(s), the School District shall immediately notify the City that an adequate level of service would not be provided. The School District shall identify the required proportionate fair-share mitigation and recommend acceptable form(s) of mitigation as provided within this section to the City and the applicant. -4- OrdinaniteM. #019-09 Attachment number 1 Page 5 of 10 iv. When the School District determines, in the aggregate, that there is not adequate capacity for residential approval, then the City may only issue a school concurrency approval after the execution of a legally binding development mitigation agreement between the applicant, the City, and the School Board. d. The City will ensure that school concurrency approvals have been entered into the countywide system within 30 days of issuance of each approval. e. A school concurrency approval shall be valid for 24 months from the date of issuance by the City for purposes of the issuance of development orders or permits. Once a development order or permit has been issued, the school concurrency approval shall be valid until a Certificate of Occupancy is issued or the development order and/or permit is no longer in effect. 4. Mitigation. If it has been determined that there is not adequate available capacity in a concurrency service area(s) affected by a proposed residential development and/or plat, the applicant may decide to satisfy the public school facilities concurrency requirements by making a proportionate fair-share contribution that will require a development mitigation agreement. a. Proportionate fair-share contribution. i. The proportionate fair-share contribution shall be calculated using the following formula for each school level: Multiply the number of additional new student stations required for mitigation of the estimated demand for public school facilities created by the proposed school concurrency application by the average cost per student station using the actual construction cost being experienced by the School District for student stations at the time when proportionate share mitigation is accepted plus the inclusion of land costs, if any. ii. Acceptable forms of proportionate fair-share contribution include the following: (A) Contribution of land; (B) The construction of a public school facili (C) Expansion of an existing public school facility; (D) Payment for land acquisition for the expansion or construction of a public school facility; (E) Participation in a mitigation banking system created and maintained by the School Board based on the construction of a public school facility in exchange for the right to sell capacity credits; (F) Contribution to charter schools serving to expand the capacity of the School District. iii. The following standards shall apply to any mitigation required by the School District: -5 - OrdinaniteM.#019-09 Attachment number 1 Page 6 of 10 Proposed mitigation must be directed toward a permanent school capacity i mprovement identified in the School District's Five-Year Facilities Work Program that satisfies the estimated demands created b y a proposed residential develop ment and/or plat approval; Re-locatable classrooms will not be accep Mitigation shall be proportionate to the ted as mitigation; demand for public school facilities estimated to be created b y a proposed residential development and/or plat approval. b. Development Mitigation Agreement. If the applicant has decided to satisfv the public school facilities concurrency requirements by making a proportionate fair-share contribution, the applicant shall request to negotiate with the City and the School District for a development mitigation agreement that shall provide for the stipulations to mitigate the impacts of a proposed residential development and/or plat approval on public school facilities. After a mitiaation plan is identified and aareed upon by the applicant. the City and the School District, the applicant shall prepare a development mitigation agreement with direction from the School District and the City. The final agreement, after approval by the City and the School Board, will become a part of the final residential development and/or plat approval. iii. If the applicant, the City, and the School Board are unable to agree on an acceptable form of mitigation, the conflict resolution provision provided in Section 14 of the Public Schools Interlocal Agreement may be utilized. iv. The development mitigation agreement shall include a commitment by the applicant to continue to renew the development mitigation agreement until the mitigation plan is completed as determined by the School Board or as determined throuah the conflict resolution procedures provided for in Section 14 of the Public Schools Interlocal Agreement, if applicable. v. If the applicant chooses to not continue with the project, the applicant may submit a letter to the City and the School District to withdraw from the development mitigation agreement at any time prior to the execution of the agreement. vi. Upon execution of a development mitigation agreement, the applicant shall receive school concurrency approval. c. Cross Jurisdictional Impacts. If a proposed mitiaation proposal involves another jurisdiction, the Community Development Coordinator will notify the other local government to allow the other local government the opportunity to comment on the mitiaation proposal prior to finalizina a development mitiaation agreement. -6- OrdinaniteM. #019-09 Attachment number 1 Page 7 of 10 5. Annual School Capacity and Level of Service Reports. The City shall ensure that the School District is notified when new dwelling units have received Certificates of Occupancy and when school concurrency approvals for residential developments and/or plats have expired for inclusion in their annual School Capacity and Level of Service Report. 6. For the purposes of meeting the school facilities level of service standard, residential development and/or plat approvals for any property that were received prior to the effective date of the countywide school concurrency program shall be considered vested and shall not require a school concurrency approval. 7. Credits. a. After the effective date of the countywide public school concurrency system, any property with existing dwelling units that are demolished or destroyed shall receive a credit for the estimated number of students generated from existing dwelling units. Credits may not be transferred to another property. The applicant will be required to provide proof of such existing uses in a manner acceptable to the City. b. The application of credits for public school capacity attributable to the number of student stations generated by a previous and existing on-site residential use may be used towards a new residential development and/or plat approval, in the place of the capacity which would be required for the new residential development and/or plat approval, in perpetuity from the effective date of the countywide public school concurrency system. 8. A modification to a residential development and/or plat approval that does not increase the residential density of the plan will not require the issuance of a new school concurrency approval. Modifications to residential development and/or plat approvals that increase the residential density shall be subject to school concurrency review for the additional density. The validity period for a school concurrency approval issued for modifications to a residential development and/or plat shall be identical to the validity time frame associated with the school concurrency approval issued for the initial development plan. Modifications in demand on available capacity will be reflected in the countywide public school concurrency system. If the City determines that the modifications to a residential development and/or plat necessitate submittal of a new development review application, the school concurrency approval issued for the original approved plan/plat on the subject property will no longer be valid, and the new application for residential development and/or plat approval will be subject to the school concurrency review procedures in this section. 9. School concurrency decisions made by the School District may be appealed in accordance with section 14 of the Public Schools Interlocal Agreement. Section 4. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: -7- OrdinaniteM. #019-09 Attachment number 1 Page 8 of 10 Section 8-102. Definitions. For the purposes of this Development Code, the following words and terms have the meanings specified herein: ********** Concurrency service area(s), when used for school concurrency purposes, means the areas as established by the School Board within which the level of service will be measured for school concurrency purposes. Five-year Facilities Work Program, when used for school concurrency purposes, means the document created by the School District derived from its Educational Five-Year Plant Survey to assist it as it plans, proposes, and prioritizes its current and five-year capital outlay needs. Level of service standard means the number of units of capacity per unit of demand adopted by the City in the comprehensive plan. Living GRe OF mnrp??-? ?-esideo whether temporarily or permaReRtl)i `"' ff Living aboard (a boat) means the use of a boat whereupon one or more persons reside, whether temporarily or permanently. Public School Interlocal Agreement means the Interlocal Agreement filed with the Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board, Pinellas County, and the twelve municipalities, including the City of Clearwater, within Pinellas County that are required to implement school concurrency per Section 163.31777(1), F.S., or as it may subsequently be amended. School Board means the elected body presiding over the schools of Pinellas County responsible for exercising all of the powers and duties associated with the District schools, in accordance with Chapter 1001 of the Florida Statutes. School Capacity and Level of Service Report means, when used for school concurrency purposes, the report annually prepared by the School District to calculate the existing level of service and the available capacity within each Concurrency Service Area. -8- OrdinaniteM. #019-09 Attachment number 1 Page 9 of 10 School concurrency approval means the finding issued by the School District that there is available capacity for all types of schools to serve a residential development and/or plat approval. School District means the unit for the control, organization, and administration of schools in Pinellas County. The responsibility for the actual operation and administration of all schools needed within the district in conformity with rules and minimum standards prescribed by the state, and also the responsibility for the provision of any desirable and practicable opportunities authorized by laws beyond those required by the state, are delegated by laws to the school officials of the Pinellas County School District. School facility, public school facility, or educational facility means something that is built, installed or established, such as a building, to serve the purpose of a school. Section 5. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 6. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 7. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 8. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides, Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau, City Clerk -9- OrdinanitM. #019-09 Attachment number 1 Page 10 of 10 -10- Ordinani. #019-09 Attachment number 2 Page 1 of 9 CDB Meeting Date Case Number: Ordinance Number Agenda Item: April 21, 2009 TA2009-01001 8028-09 F-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: INITIATED BY: Amendments to the Community Development Code - Ordinance No. 8028-09 - school concurrency. City of Clearwater Planning Department BACKGROUND INFORMATION: In 2005, Florida Statutes were changed, requiring that a new Public School Facilities Element (PSFE) be added to the comprehensive plans for applicable communities, of which Clearwater is one. The change in the Statutes also necessitated revisions to the Interlocal Agreement between Pinellas County School Board, Pinellas County, the City of Clearwater and eleven other municipalities. Subsequently, the City adopted the required changes to the Clearwater Comprehensive Plan and entered into a new Interlocal Agreement. The proposed text amendments to the Community Development Code are associated with and are intended to ensure consistency with the PSFE amendments to the Clearwater Comprehensive Plan and the provisions of the Interlocal Agreement. Specifically, Ordinance No. 8028-09 proposes text amendments to implement school concurrency regulations, including definitions and a few minor editorial changes. ANALYSIS: The proposed text amendments to the Community Development Code are associated with and are intended to ensure consistency with the Public School Facilities Element amendments to the Clearwater Comprehensive Plan. The primary emphasis is on school concurrency to ensure that there is available capacity (school work space) for the students generated by a proposed residential development of 25 units or greater, and if not, to provide options to allow the developer to mitigate the impact of the proposed development on school facilities. C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 2 of 9 The proposed Ordinance No. 8028-09 includes each of the amendments. The amendments formalize the Clearwater Comprehensive Plan goals, objectives and policies as well as provisions of the Interlocal Agreement related to Pinellas County school concurrency. The ordinance is consistent with the Clearwater Comprehensive Plan as follows: (Pages 2 through 9 of Ordinance) Community Development Code: Article 4. Development Review and Other Procedures • Section 4-708. Recording of the final plat. The ordinance adds sidewalk requirements associated with a subdivision plat for improving the safety of students as they access public school facilities (consistent with Clearwater Comprehensive Plan Policy J.3.1.6). • Section 4-903. Standards for certificate of concurrency/capacity. This ordinance adds subsection 7 to Section 4-903 A., referring to the new public school facilities concurrency requirements of Section 4-905. This ordinance revises Section 4-903 B. to reflect the current Clearwater Comprehensive Plan policy I.1.3.3. • Section 4-905. Public School Facilities Concurrency. This ordinance proposes new Section 4-905 to implement school concurrency as per the Goals, Objectives and Policies of the Public School Facilities Element of the Clearwater Comprehensive Plan pursuant to state law. It includes purpose, intent and procedures. Community Development Code: Article 8. Definitions and Rules of Construction • This article concerns definitions that are associated with school concurrency so that the City is consistent with the terms set forth in the Interlocal Agreement. • There is an editorial change to the definitions breaking out the two separate definitions "level of service standard" and "living aboard (a boat)". Previously these definitions were erroneously combined. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 3 of 9 Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: H.1.2 Objective - The City of Clearwater shall continue to coordinate its Comprehensive Plan with plans of the School Board of Pinellas County and other local governments through participation in joint planning process and procedures. Policies H.1.2.1 The City of Clearwater shall implement the Public Schools Interlocal Agreement in coordination with the School District and the other local governments that are signatories to the Agreement (the partner local governments). H.1.2.2 In fulfillment of Section 8 of the Public Schools Interlocal Agreement, the City of Clearwater shall continue its participation on the Pinellas Schools Collaborative, which shall meet at least once a year to evaluate implementation of the Public Schools Interlocal Agreement and school concurrency, and propose amendments for improvement if deemed necessary. H.1.2.3 The City of Clearwater, the School District, and the partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Pinellas Schools Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. H.1.2.4 The City of Clearwater, the School District, and the partner local governments shall coordinate in amending the Public School Facilities Element according to the procedures in Section 10 of the Public Schools Interlocal Agreement, to ensure that the Public School Facilities Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. H.1.2.5 The City of Clearwater, through the implementation of its concurrency management system and the Public Schools Interlocal Agreement, shall coordinate and share information with the School District and the Pinellas County Planning Department to determine whether there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals. 3 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 4 of 9 H.1.2.6 The City of Clearwater, its partner local governments, and the School District shall cooperate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. H.1.2.7 The City of Clearwater shall coordinate with the School Board of Pinellas County to implement the public educational facilities siting requirements of Chapter 163 and Chapter 1013, F.S., as stipulated in Section 4 of the Public Schools Interlocal Agreement on April 24, 2007. H.1.2.8 The City recognizes State legislation regarding continued State funding for schools which are designated as historic and shall continue to coordinate with the appropriate State and Federal agencies to ensure the continued preservation of South Ward School, a National Register building. 1.1.7 Objective - The City, in coordination with the School District, shall ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of-service standard for public schools. Policies: 1.1.7.1 The City shall utilize the following level-of-service standard for public school facilities, which shall be applied consistently district-wide by the School District and by the local governments within Pinellas County that signed the Public Schools Interlocal Agreement (the partner local governments). District-wide level-of-service standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level- of-service standard shall apply to each type of public school facility. 1.1.7.2 Amendments to the adopted level of service shall be accomplished using the procedure contained in Section 10 of the Public School Facilities Interlocal Agreement. 1.1.7.3 The School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to the City no later than November 30th of each year, and as adjusted throughout the year based on the official student enrollment count of 4 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 5 of 9 the fall semester and the estimated number of vested students, shall be utilized by the City as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. 1.1.7.4 By December 1st of each year, the City shall adopt by reference the School District's Five-Year Work Program to ensure the level of service standard is achieved and maintained during the period covered by the five-year schedule within the Capital Improvements Element. 1.1.7.5 The School Board, in coordination with the partner local governments, will use the procedure in Section 3(a) of the Public Schools Interlocal Agreement to annually update the District's Five-Year Work Program to maintain a financially-feasible capital improvements program that is able to achieve and maintain the adopted level of service standard within the period covered by the five-year schedule. 1.1.7.6 The City hereby adopts by reference the School District's Five-Year Work Program for FY 2008/09 through 2012/13, as adopted by the School Board on September 9, 2008. J.1 GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORATION AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE, ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL DISTRICT SHALL BE PROVIDED THE OPPORTUNITY FOR HIGH STUDENT ACHIEVEMENT THROUGH THE AVAILABILITY OF HIGH QUALITY PUBLIC EDUCATIONAL FACILITIES. J.1.2 Objective - The City, through implementation of its concurrency management system for public school facilities, and in coordination with the School District, shall ensure that there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals ("Residential Approvals") consistent with the adopted level-of-service standard for public school concurrency throughout the five years covered by the Five-Year Work Program, as amended, and the period of the long-range planning program contained in the Public School Facilities Element. Policies J.1.2.1 The City hereby adopts, consistent with Section 11 of the Public Schools Interlocal Agreement, the following level-of-service standard, 5 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 6 of 9 which shall be applied consistently district-wide by all partner local governments within Pinellas County and by the School District. District-wide level-of-service standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. J.1.2.4 School concurrency shall be measured and applied on the basis of Concurrency Service Areas, as established by the School Board and as documented in the data and analysis support section of the Public School Facilities Element. J.1.2.5 The School Board shall maximize school capacity through program adjustments and/or through adjustments to Concurrency Service Area boundaries, consistent with Section 12 of the Public Schools Interlocal Agreement, to ensure that each Concurrency Service Area will, in the aggregate, operate at the adopted level-of-service standard throughout the five-year period covered by the Five-Year Work Program, as amended. J.1.2.7 Consistent with Sections 1002.33(1) and 1002.33(2), F.S., the City and the School District shall recognize charter schools as public school facilities. Such facilities shall serve to expand the school capacity of the School District and are a potential option for mitigating the impact that new Residential Approvals may have on public school facilities. J.1.2.8 The City, its partner local governments, and the School District shall utilize the uniform, district-wide procedure in Section 13 of the Public Schools Interlocal Agreement to implement school concurrency within their respective jurisdictions. J.1.2.10 In order to facilitate the accurate annual assessment of projected public school facility capacity, the City shall, throughout the year, notify the Pinellas County Planning Department of development permits, including certificates of occupancy issued for new dwelling units and expired school concurrency Residential Approvals, that affect the availability of school capacity, consistent with Section 13 of the Public Schools Interlocal Agreement, so that an estimate of the number of vested students can be maintained for school concurrency purposes. J.1.2.11 A school concurrency Residential Approval shall be valid for purposes of the issuance of development orders or permits not to exceed a period of 24 months from the date of issuance. 6 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 7 of 9 J.1.2.12 In accordance with Section 13 of the Public Schools Interlocal Agreement, if the School District determines that there is not Available Capacity within an affected Concurrency Service Area to accommodate the estimated number of students that would be generated by a proposed Residential Approval and maintain the adopted level-of-service standard, then the School District shall consider whether there is Available Capacity in the contiguous Concurrency Service Area(s). J.1.2.13 If the School District determines that, in the aggregate, there is Available Capacity in the affected Concurrency Service Area and in the contiguous Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, then an adequate level of service would be provided and the Residential Approval shall be issued a School Concurrency Approval by the City. J.1.2.14 If the School District determines that, in the aggregate, there is not Available Capacity within an affected Concurrency Service Area and the adjacent Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, a proposed Residential Approval will not proceed without execution of a legally binding development mitigation agreement between the applicant, the School Board, and the City designed to mitigate the impacts anticipated to be caused by the proposed Residential Approval on public school facilities, consistent with Section 163.3180, F.S., and Section 13 of the Public Schools Interlocal Agreement. The applicant and the School Board shall attempt to negotiate a development mitigation agreement. If the applicant and the School Board are unable to agree on an acceptable form of mitigation, the City may utilize the conflict resolution provision in Section 14 of the Public Schools Interlocal Agreement to attempt to resolve the impasse. J.1.2.15 A development mitigation agreement shall include the applicant's commitment to continue to renew the development agreement until the mitigation is completed as determined by the School Board or as determined through the conflict resolution procedures provided for in Section 14 of the Public Schools Interlocal Agreement, if applicable. J.1.2.16 Acceptable forms of proportionate share mitigation that may be allowed by the School Board and the standards that determine the appropriate use of any mitigation funds required by the School District are identified in Section 13 h. of the Public Schools Interlocal Agreement. J.1.2.17 The City and the School District shall utilize student generation rates developed by the School District for purposes of calculating the 7 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 8 of 9 anticipated number of public school students that would be generated by Residential Approvals and for developing student enrollment projections. The amendments provide for joint planning processes and procedures that ensure that the Community Development Code is consistent with the above goals, objectives and policies of the Public School Facilities Element as well as the Interlocal Agreement. The procedures implement the policies which require that public school capacity is sufficient to support anticipated students resulting from subdivision approvals. The ordinance also underscores Clearwater's commitment to providing the opportunity for high student achievement as articulated in the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments will further the purposes of the Community Development Code as set forth in Section 1-103, as follows: • Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city (CDC Section 1-103.E.1). • Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city (CDC Section 1-103.E. 2). The proposed amendments will protect the social stability of the city and improve the quality of life for its citizens by establishing standards that ensure that there is adequate capacity in school facilities to address demand for facilities generated by proposed residential developments. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. The amendments further those development goals established in the Code, and existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8028-09 that amends the Community Development Code. Prepared by Planning Department Staff: Sandra E. Herman, Planner III 8 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.aoc - - - Item # 19 Attachment number 2 Page 9 of 9 ATTACHMENT: ? Ordinance No. 8028-09 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.8973.1.TA2009-01001 CDB Staff Report04-09- 09.doc - - - Item # 19 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code renaming sidewalk cafes to outdoor cafes and revising provisions related to such cafes on private property, as well as in the public right-of-way, and Pass Ordinance 8042-09 on first reading. (TA2009-01003) SUMMARY: The Planning Department is proposing amendments to the Community Development Code that address outdoor cafes located on private property as well as outdoor cafes located within right(s)-of-way, while additionally outlining special provisions for outdoor cafes in the Cleveland Street Cafe District. To ensure consistency, modifications are also being proposed to the Code of Ordinances. The amendments that present a change in current policy or a new policy issue are outlined below: Outdoor cafes on private property. Allows outdoor cafes on private property to be reviewed as permits are requested. Outdoor cafes located within public right(s)-of-way. Allows outdoor cafes located within public right(s)-of-way in the Tourist District on Clearwater Beach and areas subject to the Downtown Redevelopment Plan, and sets forth location, design, and operational requirements, as well as standards for permit revocation. Establishes specific provisions for outdoor cafes on Cleveland Street (between Myrtle and Osceola) to implement the Cafe Society concept endorsed by the Community Redevelopment Agency. Definitions. Establishes a definition for the terms "Cleveland Street Cafe District" and "outdoor cafe ". Schedule of fees, rates and charges. Removes the current sidewalk cafe fee and replaces it with an outdoor cafe fee for only those cafes located within public right(s)-of- way. Code of Ordinances. Minor edits to make language used in Section 6 "Alcoholic Beverages" and Section 28 "Streets, Sidewalks, Other Public Places" consistent with the language in the Community Development Code. The staff report and Ordinance 8042-09 contain further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of April 21, 2009. The Board unanimously recommended the amendment for approval, however were quite concerned with certain provisions proposed in Section 3.909.C.2. Specifically the Board thought the proposed four-foot pedestrian path may be too narrow and that in the Cleveland Street Cafe District the outdoor cafe seating (instead of the pedestrian path) should be located adjacent to the building fagade. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 20 Attachment number 1 Page 1 of 9 ORDINANCE NO. 8042-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO DELETE SUBSECTION 3-201.C, "SIDEWALK CAFES", IN ITS ENTIRETY; TO ADOPT A NEW SUBSECTION 3-201.C, "OUTDOOR CAFES", SETTING FORTH PROVISIONS FOR OUTDOOR CAFES LOCATED ON PRIVATE PROPERTY; TO ADOPT A NEW SUBSECTION 3-909 "OUTDOOR CAFES", SETTING FORTH PROVISIONS FOR OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY; TO RENUMBER SUBSECTION 3-909 "NEWSRACKS" THROUGH 3-919 "AFFORDABLE HOUSING PARKING REQUIREMENTS" ACCORDINGLY; TO MODIFY SECTION 4-202 "APPLICATIONS FOR DEVELOPMENT APPROVAL", BY ADDING APPLICATION REQUIREMENTS FOR OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY; TO MODIFY SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR "CLEVELAND STREET CAFE DISTRICT" AND "OUTDOOR CAFES" AND DELETING THE DEFINITION FOR "SIDEWALK CAFES"; TO MODIFY APPENDIX A "SCHEDULE OF FEES, RATES, AND CHARGES" BY DELETING THE FEE FOR "SIDEWALK CAFES" AND ADDING THE FEE FOR "OUTDOOR CAFES" LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY; TO MAKE MINOR EDITORIAL CHANGES TO SECTION 6.31 "PROHIBITED ACTS" AND SECTION 28.04 "TRADING AND SELLING ON STREETS" OF THE CODE OF ORDINANCES; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, appropriate use of the public right-of-way by private business contributes to an enhanced public realm that promotes the local economy, and WHEREAS, outdoor cafes contribute to economic activity, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, "Development Standards", Division 2, "Accessory Use/Structures", Section 3-201, "General", of the Community Development Code, be, and the same is hereby amended to delete subsection C, "Sidewalk Cafes", as follows: Section 3-201. General. -1- OrdifteM *20J42-09 Attachment number 1 Page 2 of 9 -2- OrdiAMM *20J42-09 Attachment number 1 Page 3 of 9 Section 2. That Article 3, "Development Standards", Division 2, "Accessory Use/Structures", Section 3-201, "General", of the Community Development Code, be, and the same is hereby amended to add subsection C, "Outdoor Cafes", as follows: Section 3-201. General. *********** C. Outdoor cafes. Restaurants may establish on-site outdoor cafes as an accessory use. Such cafe areas shall be reviewed and approved through the applicable development review process as set forth in Article 4 of this Community Development Code and shall be exempt from parking requirements. Section 3. That Article 3, "Development Standards", Division 9, "General Applicability Standards", of the Community Development Code, be, and the same is hereby amended to add Section 3-909, "Outdoor cafes located within public right(s)-of-way" and re- number "Newsracks" as Section 3-910 and the subsequent sections as appropriate: DIVISION 9. GENERAL APPLICABILITY STANDARDS *********** Section 3-909. Outdoor cafes located within public right(s)-of-way. A. Applicability. A restaurant or a take-out food establishment with no indoor seating may establish an outdoor cafe and shall be exempt from parking requirements. 1. Outdoor cafes are allowed only in: a. The Downtown District; b. Those properties located in the Commercial District subject to the Clearwater Downtown Redevelopment Plan; and C. Those properties located in the Tourist District on Clearwater Beach. 2. Special provisions of this section apply to outdoor cafes located within the Cleveland Street Cafe District. B. Application process. The Community Development Coordinator shall review all outdoor cafes as an allowable encroachment into the public right(s)-of-way subject to compliance with the location, design and operational requirements below. C. Location and design requirements. Outdoor cafes are restricted to the sidewalk frontage of the subject business applying for a permit, except that outdoor cafes located within the Cleveland Street Cafe District may extend the linear distance of any adjacent business frontage, in accordance with the provisions of Section 3-909. D.10. -3- OrdifteM *20J42-09 Attachment number 1 Page 4 of 9 2. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. Within the Cleveland Street Cafe District the path shall abut the building facade. 3. All furnishings shall be of good design and made of quality materials. 4. No furnishing shall be chained or attached to any tree, post, sign or other fixture. 5. No furniture shall be permitted within the sight visibility triangle as required by the Community Development Code. Furniture shall not be placed within four feet of bus stops, telephone booths, fire hydrants, or counter service windows or within two feet of any entrances and/or exits. D. Operational requirements. 1. All furnishings shall be maintained by the outdoor cafe operator in a clean and attractive appearance and shall be in good repair at all times. 2. No amplified music shall be allowed. 3. No food storage or preparation shall be allowed within the right(s)-of-way. 4. The hours of operation of an outdoor cafe shall coincide with those of the associated business. 5. The outdoor cafe operator is responsible for repair of any damage to the right(s)-of- way caused by the restaurant or it's patrons. 6. By use of any permit granted hereunder, the outdoor cafe operator agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public right(s)-of-way. The outdoor cafe operator shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of permit. 7. The outdoor cafe operator shall show evidence of a. Comprehensive general liability insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limit bodily injury liability and property damage liability. The City is to be specifically included as an additional insured on the policy. b. Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including employers' liability which meets all state and federal laws. 8. The outdoor cafe operator shall provide the City with the certificate(s) of insurance evidencing required coverages. Current certified copies of such required coverages shall be provided to the City when specifically requested in writing. -4- OrdifteM *20J42-09 Attachment number 1 Page 5 of 9 9. All policies of insurance must be endorsed to provide the City with 30 days notice of cancellation or restriction. 10. For outdoor cafes located within the Cleveland Street Cafe District that intend to use the public right(s)-of-way in front of an adjacent business, the applicant must submit a notarized statement from the adjacent property owner(s) indicating consent to use the right(s)-of-way in front of their business as an outdoor cafe. 11. As necessitated by right(s)-of-way repairs, the City may require the temporary removal of outdoor cafes and all related furnishings. The outdoor cafe operator shall be responsible for removing all furnishings at least 24 hours prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any such furnishings. 12. The City may cause the immediate removal or relocation of all or any part of the outdoor cafe in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of furnishings used in association with an outdoor cafe relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any such furnishings. 13. The City shall have the authority to secure or remove any furnishing(s) associated with the outdoor cafe if necessary in the interest of public safety. E. Revocation of permit. Upon revocation of a permit, the Community Development Coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason(s) for revocation. The revocation shall become effective and final 15 days following mailing of the notice, and is not subject to appeal. The Community Development Coordinator may revoke a permit for any outdoor cafe if it is found that: 1. Any necessary business or health permit has been suspended or revoked; or 2. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the outdoor cafe. Such decision shall be based upon findings of the Community Development Coordinator, after consulting with the city engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public and cannot be resolved through modification to the outdoor cafe layout; or 3. The outdoor cafe operator fails to comply with one or more requirements of the permit. 4. The outdoor cafe is deemed to be a threat to public safety, in which case the permit may be revoked immediately without notice or compliance with the requirements described above. Section 3-910. Newsracks. *********** Section 3-911.Color. -5- OrdifteM *20J42-09 Attachment number 1 Page 6 of 9 *********** Section 3-912. Underground utilities. *********** Section 3-913. Outdoor display/storage. *********** Section 3-914. General standards for Level One and Level Two approvals. *********** Section 3-915. Stormwater detention facilities. *********** Section 3-916. Uses involving vehicles. *********** Section 3-917. Vending machines. *********** Section 3-918. Maintenance in accordance with approved plans. *********** Section 3-919. Prima facie evidence of certain uses in residential zoning district. *********** Section 3-920. Affordable housing parking requirements. Section 4. That Article 4, "Development Review and Other Procedures", Division 2, "General Procedures", Section 4-202, "Applications for development approval", of the Community Development Code, be, and the same is hereby amended to amend subsection A, "Basic information required for all applications", as follows: Section 4-202. Applications for development approval. A. Basic information required for all applications. All applications for development approval shall include the following information: *********** -6- OrdifteM *20J42-09 Attachment number 1 Page 7 of 9 26. In addition to the requirements found in 4-202.A.1-9, an application for an outdoor cafe located in the public right(s)-of-way shall include the following: a. Written permission to file the application from the owner of the property in which the business is located; b. A site plan that depicts the following: i. The proposed outdoor cafe area including dimensions; ii. All doors to the building, as well as those of the adjacent storefront; iii. The location of curbing, sidewalk and any other furnishing or structure within the public right(s)-of-way; iv. Clear delineation of the required pedestrian pathway; and v. Proposed locations and sizes of furnishings used in association with the outdoor caf& c. Visual representation fully depicting the appearance, color, and materials of all proposed furnishings related to the outdoor cafe; d. Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the public right(s)-of-way; and e. A copy of current certificate of insurance in the amounts and categories required by Section 3-909. Section 5. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to add definitions of "Cleveland Street Cafe District" and "Outdoor cafe" and delete the definition of "Sidewalk cafe" as follows: Cleveland Street Cafe District means the area on Cleveland Street bordered by Myrtle Avenue and Osceola Avenue. *********** Outdoor cafe means a use accessory to an adjacent business when located on private property, or an allowable encroachment when located within public right(s)-of-way, that serves beverages and food and is open-air. *********** Section 6. That Appendix A, "Schedule of Fees, Rates and Charges", Subject VIII, "Land Development", of the Community Development Code, be, and the same is hereby amended to add an Outdoor Cafe Permit Fee and delete the sidewalk cafe application and permit fee as follows: APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES* *********** (1) Level One. *********** (i) Outdoor Cafe Permit (applicable only if located within public right(s)-of-way)... $50.00 -7- OrdifteM #o2®J42-09 Attachment number 1 Page 8 of 9 Section 7. That Chapter 6, "Alcoholic Beverages", Article II, "Operation of Establishments", Division 1, "Generally", Section 6.31, "Prohibited acts", of the Code of Ordinances, be, and the same is hereby amended as follows: Sec. 6.31. Prohibited acts. *********** (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.91, pursuant to an outdoor cafe permit issued under the provisions of the Community Development Code, or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation that permits the sale or consumption at the location:*********** Section 8. That Chapter 28, "Streets, Sidewalks, Other Public Places", Article I, "In General", Section 28.04, "Trading and selling on streets", of the Code of Ordinances, be, and the same is hereby amended as follows: Sec. 28.04. Trading and selling on streets. Except for the sale of ice cream from ice cream trucks on streets in residential areas, which have been issued a city business tax receipt for such use, and unless authorized by Article III of Chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. This section shall not apply to curb service furnished by any regularly established and licensed place of business in the city, and this section shall not apply to the holding of bazaars or other sales not made or carried on for personal profit, where such sales are operated in front of or adjacent to a store or place of business with the consent of the owner or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent the operation of an outdoor cafe on the public right(s)-of-way where the outdoor cafe is permitted under the provisions of section 3-909 of the Community Development Code. Section 9. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 10. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 11. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. -8- OrdifteM #o2®J42-09 Attachment number 1 Page 9 of 9 Section 12. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 13. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -9- OrdifteM *20J42-09 Attachment number 2 Page 1 of 4 CDB Meeting Date: April 21, 2009 Case Number: TA2009-01003 Ordinance Number: 8042-09 Agenda Item: F2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code and the Code of Ordinances - Ordinance No. 8042-09 INITIATED BY: City of Clearwater Planning Department BACKGROUND: The completion of the Cleveland Street improvements and the adoption of the "Cleveland Street Facade Design Analysis" by WilsonMiller, made the vision of a sidewalk cafe district, "Cafe Society", possible. The Community Development Code currently addresses sidewalk cafes located on private property and those located within public right(s)-of-way under the same provisions, however outdoor dining located on private property functions differently than outdoor dining located within the public right-of-way. To respond to these differences, the Planning Department proposes these amendments. ANALYSIS: The proposed amendments to the Community Development Code distinguish between outdoor cafes on private property and those located within the public rights-of-way, as well as establish the Cleveland Street Cafe District. The proposed amendments will streamline the review process as outlined below. In order to support the changes to the Community Development Code, necessary consistency modifications have been made to the Code of Ordinances as well. The basic changes to requirements for outdoor cafes on private property include: • Elimination of the specific outdoor cafe application process, as they will be approved through the applicable development review process (e.g., building construction permit, flexible standard development, flexible development); • Elimination of both the application fee and permit fee. The elimination of a separate application process for outdoor cafes on private property aids in building a stronger relationship between local business and City staff, since one staff member will be handling the entire review process. In addition, this saves staff time since staff will Community Development Board - April 21, 2009 TA2009-01003 - Page 1 Item # 20 Attachment number 2 Page 2 of 4 already be familiar with the functionality of the site. In light of the current economic situation, the elimination of the fees may be perceived as an effort on part of the City to alleviate unnecessary financial burden on businesses. The basic changes to requirements for outdoor cafes located within public right(s)-of-way include: • Reducing and relocating application submittal requirements to Section 4-202, which addresses applications for development approval; • Editing language and adding definitions to achieve clarity and succinctness; • Establishing the Cleveland Street Cafe District, including new provisions that apply only to those Outdoor Cafes located on Cleveland Street between Myrtle Avenue and Osceola Avenue; • Continuing to allow outdoor cafes in the Downtown Plan Area and Clearwater Beach; • Reducing fees by substituting a one-time permit for the current application fee and annual permit fee. The relocation of application submittal requirements to the section where all other application requirements are found is logical and makes navigation of the Code easier for the layperson. Throughout the ordinance, language was eliminated or edited to increase readability and comprehension. As stated previously, the reduction in fees will most likely be welcome in light of current economic times and seen as an effort on part of the City to support and offer encouragement to local businesses in the Downtown and Clearwater Beach. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective, and Policies which will be furthered by the proposed Code amendments: Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Community Development Board - April 21, 2009 TA2009-01003 - Page 2 Item # 20 Attachment number 2 Page 3 of 4 Objective A.6.6 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Findings The proposed amendments are consistent with the Comprehensive Plan for several reasons. Use of the public right-of-way by private enterprise encourages infill development due to the addition of more seating, which increases the earning potential of an eating establishment and makes it likelier for a business to be established and thrive. Increased seating capacity at an eating establishment also expands economic opportunities by creating jobs, as more space for patrons means more staff is needed to serve said patrons. An important element in generating tourism is creating an inviting public realm. Outdoor cafes enrich the public realm by activating street life and providing a greater number and diversity of street furniture. Outdoor cafes, by their very nature, are at a human scale and encourage walking. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103: • Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.8.1). • Strengthening the City's economy and increasing its tax base as a whole (CDC Section I- 103.B.3). • Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the City (CDC Section 1-103.E.2). Findings These amendments are consistent with the Community Development Code because they enhance property values by encouraging creative redevelopment through the use of public rights-of-way Community Development Board - April 21, 2009 TA2009-01003 - Page 3 Item # 20 Attachment number 2 Page 4 of 4 as outdoor cafes. Outdoor cafes provide expanded capacity for eating establishments, increasing the viability of the business, which strengthens the City's economy. The standards established by these amendments protect and enhance community character through the orderly and beneficial development of land. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code and the Code of Ordinances are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8042-09 that amends the Community Development Code and the Code of Ordinances. Prepared by Planning Department Staff: ATTACHMENT: ? Ordinance No. 8042-09 Cate Lee, Planner II S: (Planning Department)Community Development Code12009 Code Amendments)TA2009-01003 - Sidewalk Cafel Staff ReportslOrdinance No 8042-09 CDB Staff Report 2009 04-09. doe Community Development Board - April 21, 2009 TA2009-01003 - Page 4 Item # 20 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Meeting Date:5/18/2009 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Home of the Year and Neighborhood of the Year Awards SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24