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06/04/2009 - City Council Agenda Location: Council Chambers - City Hall Date: 6/4/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Home Ownership Month Proclamation Attachments 4.2 Hurricane Awareness Month Proclamation Attachments 4.3 Miss Florida, Jessica Fehr - Key to the City to be presented. Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 21, 2009 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve a substantial change amendment to the City's FY 2008-09 Consolidated Action Plan to receive an additional appropriation of $251,549 in funding from the American Recovery and Reinvestment Act of 2009 and authorize the appropriate officials to execute same. Attachments 7.2 Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii) (7), and pass Ordinance 8025-09 on first reading. B Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8023-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue from Residential/Office General (R/OG) to Institutional (I). Attachments 8.2 Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue, from Office (O) to Institutional (I). Attachments 8.3 Adopt Ordinance No. 8028-09 on second reading, making amendments to the Community Development Code to further the consistency between the Community Development Code and the City's Comprehensive Plan by implementing public school concurrency. Attachments 8.4 Adopt Ordinance No. 8042-09 on second reading, making amendments to the sidewalk or outdoor caf6 sections of the Community Development Code. Attachments 8.5 Adopt Ordinance No. 8050-09 on second reading, annexing certain real property 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. Attachments 8.6 Adopt Ordinance No. 8051-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Residential Low (RL). 2 Attachments 8.7 Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.8 Adopt Ordinance No. 8053-09 on second reading, annexing certain real property 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. Attachments 8.9 Adopt Ordinance No. 8054-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property 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). Attachments 8.10 Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). Attachments 8.11 Adopt Ordinance No. 8056-09 on second reading, annexing certain real property 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. Attachments 8.12 Adopt Ordinance No. 8057-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.13 Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.14 Adopt Ordinance No. 8062-09 on second reading, annexing certain real property 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. Attachments 8.15 Adopt Ordinance No. 8063-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.16 Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 8.17 Adopt Ordinance No. 8065-09 on second reading, annexing certain real property 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. Attachments 8.18 Adopt Ordinance No. 8066-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.19 Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.20 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7. Attachments City Manager Reports 9. Consent Agenda 9.1 Accept two $200,000 Brownfields assessment grants funded through the US Environmental Protection Agency (EPA) and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Approve waiver of existing City liens in the amount of $16,863.11 associated with the demolition and lot clearing that occurred in 1995 and 1996 for the properties located at 1007 and 1009 LaSalle Street. (Legal description: GREENWOOD MANOR, LOT 9 and 10). Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida. (consent) Attachments 9.3 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) Attachments 9.4 Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida, in the amount of $150,000 for the purchase and installation of fencing at various projects throughout the City during the contract period May 22, 2009 through May 21, 2010, in accordance with Sec. 2.564 (1)(d), Code of Ordinances - Pinellas County Purchasing Cooperative Bid #089-0148-B (SS), and authorize appropriate officials to execute same. (consent) Attachments 9.5 Approve extension of agreements for contractual services related to Clearwater's Human Trafficking Immersion Training Project to the end date of the grant period and approve a new agreement with Directions for Mental Health, Inc. and authorize the approrriate officials to execute same. (consent) Attachments 9.6 Appoint Mary Van Weezel to the Library Advisory Board with the term to expire June 30, 2013. Attnchmentc 9.7 Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the "Beachwalk Project", in the amount of $100,000. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Approve a 5-year Revocable License Agreement from July 1, 2009 through June 30, 2014, between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to provide a nightly festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach and authorize the appropriate officials to execute same. B Attachments 10.2 Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Mandalay Park from "Closed from 11:00 p.m. until 6:00 a.m." to "Closed from Sunset until Sunrise" and pass Ordinance 8069-09 on first reading. Attachments 10.3 Approve a 1-year Partnership and Operational Support Agreement from October 1, 2009 through September 30, 2010, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and supervision of certain City owned buildings and facilities and authorize the appropriate officials to execute same. Attachments Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs located at specific areas on Clearwater Beach and requiring the removal of pet waste and pass Ordinance 8074-09 on first reading. Attachments 11.2 Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to fireworks displays, to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times, and Pass Ordinance 8075-09 on first reading. Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports 0 ttQolimPntc 13. Council Discussion Items 13.1 Well Field Expansion Project Attachments 13.2 Alcohol and Concessions on Sand Key Park - Councilmember Cretekos Attachments 14. Other Council Action 14.1 Other Council Action Attachments 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Home Ownership Month Proclamation SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hurricane Awareness Month Proclamation SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Miss Florida, Jessica Fehr - Key to the City to be presented. SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:6/4/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the May 21, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 20 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 21, 2009 UNAPPROVED Present: Frank Hibbard - Mayor, Paul Gibson - Vice Mayor, George N. Cretekos - Councilmember, John Doran - Councilmember and Carlen Petersen - Councilmember Also present: William B. Horne 11 - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Mary K. Diana - Assistant City Clerk and Rosemarie Call - Management Analyst To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Call to Order The Mayor called the meeting to order at 6:00 p.m. at City Hall. 2. Invocation The invocation was offered by Reverend Chris Bridges of Calvary Baptist Church. 3. Pledge of Allegiance - Mayor Hibbard 4. Presentations 4.1 Service Awards Two service awards were presented to City employees. 4.2 Home of the Year and Neighborhood of the Year Awards The Neighborhood of the Year Award was presented to the Edgewater Drive Neighborhood and the Home of the Year Award to Peter and Dona Leach, 1715 Sunset Drive. 5. Approval of Minutes 5.1 Approve the minutes of the May 7, 2009 City Council Meeting as submitted in written summation by the City Clerk. Council 2009-05-21 Item # 4 Attachment number 1 Page 2 of 20 Councilmember Carlen Petersen moved to approve the minutes of the May 7, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Larry Flog - expressed concerns regarding the reclaimed water availability fee for well owners and requested that the Coachman Ridge Community be exempt from the fee. It was stated the issue would be discussed at a future work session. Rev. Campbell, Ella May, Elizabeth Horton, Florence Keene and Al Warner - opposed potential closure of the North Greenwood Library. Rev. Floyd Irwin - recited a verse from the Bible. Mike Reardon - requested consideration be given to allow businesses in the downtown district to display retail items outside of the business. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Continue 1st Reading of Ordinance 8025-09 to June , 200 to a n Articl III, Solid Waste anag ement, Section 32.271 through 32.322, A n A nix A, Schedule of fe s9 rat s, and charges, Article XXV u lic Works-fees, rates and char s, section: (mac) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service()()(ii)(7). Councilmember George N. Cretekos moved to continue 1 st Reading of Ordinance 8025-09 to June 4, 2009 to amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7). The motion was duly seconded and carried unanimously. 7.2 Aoorove the Annexation. Initial Land Use Plan Desianation of Residential Low ( ) and Initial onin Atlas si nation of Low Medium Density esi ential (LIVID ) istrict for 1935 I Coachman Road (Lot 10, lock A Sunset Point Estates in ction 9 Township 2 outh, an 1 East); and Pass Ordinances 8050-0% 8051-09, and 8052-09 on first read (A X - 1 31 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. Council 2009-05-21 2 Item # 4 Attachment number 1 Page 3 of 20 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 Council 2009-05-21 3 Item # 4 Attachment number 1 Page 4 of 20 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. Councilmember Paul Gibson moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8050-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8050-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8051-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8051-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8052-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8052-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low ( ) and Initial Zoning Atlas Designation o Low Medium Density Residential (LIVID istrict for 3012 Glen a Avenue North (Lot 23, lock C9 Kapok Terrace in Section , Township 2 South, an 1 ast}; an Pass Ordinances _8053-09, , and 055-09 on first r ain . (A X - 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 Council 2009-05-21 4 Item # 4 Attachment number 1 Page 5 of 20 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 Council 2009-05-21 5 Item # 4 Attachment number 1 Page 6 of 20 the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Paul Gibson moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8053-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8053-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8054-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8054-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8055-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8055-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low ( ) and Initial Zoning Atlas Designation o Lo Medium Densitysi ential (LIVID ) istrict for 1 Moss Avenue (Lot 1, lock 9 Kapok Terrace i Section , Township 29 South, an 1 East an Pass Ordinances 056- - and 8058-09 on first r ain. (A X - ) 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 Council 2009-05-21 6 Item # 4 Attachment number 1 Page 7 of 20 (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. Council 2009-05-21 7 Item # 4 Attachment number 1 Page 8 of 20 Councilmember Paul Gibson moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8056-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8056-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8057-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8057-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8058-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8058-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low ( ) and Initial Zoning Atlas Designation o Lo Density si en ial (L ) istrict for 1831 Beverly Circle North (Lot 1, La Lela Manor First Addition in ection , Township 29 South, an 1 East}; an Pass Ordinances 80 - 63-09 an 8064-09 on first read in .(A X - ) 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). Council 2009-05-21 8 Item # 4 Attachment number 1 Page 9 of 20 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. Councilmember Paul Gibson moved to 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). The motion was duly seconded and Council 2009-05-21 9 Item # 4 Attachment number 1 Page 10 of 20 carried unanimously. Ordinance 8062-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8062-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8063-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8063-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8064-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8064-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Low ( ) and Initial Zoning Atlas si, nation of Low Medium Density Residential (LIVID } istrict for 1927 Summit rive (Lot Skyline Groves in ction , Township 2 outh9 an 16 East), a Pass Ordinances 8065-09, 66-09 and 8067-09 on first reading. (A X - 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 Council 2009-05-21 10 Item # 4 Attachment number 1 Page 11 of 20 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. 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 and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Paul Gibson moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8065-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8065-09 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2009-05-21 11 Item # 4 Attachment number 1 Page 12 of 20 "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8066-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8066-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. Ordinance 8067-09 was presented for first reading and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8067-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.7 Approve amendments to the Community Development Code to implement school concrrencv. and ass Ordinance 8028-09 on first r ain. (TA2 - 1 1) 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 Concurrence. 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 Council 2009-05-21 12 Item # 4 Attachment number 1 Page 13 of 20 revises Section 4-903 B. to reflect the current Clearwater Comprehensive Plan Policy 1.1.3.3. 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. Councilmember Carlen Petersen moved to approve amendments to the Community Development Code to implement school concurrency, and Pass Ordinance 8028-09 on first reading. The motion was duly seconded and carried unanimously. Ordinance 8028-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8028-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 7.8 Approve amendments to the Community Development Code renaming sidewalk cafes to outdoor cafes and r visin provisions r late to such cafes on privet prop rty, as well as in the public _rig -of-way, and ass Ordinance 8042-09 on first r ain. (TA2 - 1 3) 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 rig ht(s)-of-way.Al lows 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 Council 2009-05-21 13 Item # 4 Attachment number 1 Page 14 of 20 (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. Planning Assistant Director Gina Clayton said recommendations regarding placement of outdoor tables were consistent with facade analysis and affect only the Cleveland Street Cafe district. It was stated that cafe owners must provide insurance for any outdoor cafe seating they provide. In response to a comment, Assistant City Manager Rod Irwin said placing outdoor restaurant seating next to the building discourages pedestrians to window shop and enter retail establishments. Staff recommended that the pedestrian walkway be close to the building to maximize pedestrian traffic. One individual spoke in support and one individual requested that outdoor seating locations be flexible. Two individuals supported expanding outdoor cafes beyond Cleveland Street. Councilmember John Doran moved to amend Ordinance 8042-09 on first reading to increase the sidewalk width from four feet to five feet. The motion was duly seconded. Councilmembers Cretekos, Doran, Gibson, and Petersen voted "Aye" and Mayor Hibbard voted "Nay." Motion passed. Council 2009-05-21 14 Item # 4 Attachment number 1 Page 15 of 20 Councilmember Carlen Petersen moved to amend Ordinance 8042-09 on first reading to include right to appeal as provided in Section 4-501.A. The motion was duly seconded and carried unanimously. Councilmember Carlen Peterson moved to approve Item 7.8 as amended. The motion was duly seconded and passed unanimously. Ordinance 8042-09 was presented for first reading as amended and read by title only. Councilmember John Doran moved to approve 8042-09, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 8. Second Readings - Public Hearing 8.1 Continue 2nd Reading o Ordinance 8025-09 to Jun 18, 2 09 to amend Article VII, Solid Waste ana_ e nt, ecion 32.271 through 32.322, Amend App nix = Schedule o fees, rat s9 an charges, Article XXV9 u lic Works- and , rat s charges, section; (3)(c) oIi Waste collection rates through Solid Waste Roll- off container or waste receptacle se ice ()(ii)(7. Councilmember George N. Cretekos moved to continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7). The motion was duly seconded and carried unanimously. City Manager Reports 9. ConsentAgenda Councilmember John Doran moved to approve the Consent Agenda, less Item 9.9, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.1 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) 9.2 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. (consent) Council 2009-05-21 15 Item # 4 Attachment number 1 Page 16 of 20 9.3 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) 9.4 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) 9.5 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. 2.5640)(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) 9.6 Award the 2008 Street Resurfacina Contract (08-0015-EN) to Aiax Pavin 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) 9.7 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) 9.8 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) Council 2009-05-21 16 Item # 4 Attachment number 1 Page 17 of 20 a niti s, had yst of cala9 I in the amount 59342.4 for stainless steel shad shelters, and Grosz Construction Inc. of Tampa, I in the amount of $18,950 for the installation of shad shelters, authorize the aIDIDrolDriate authorities to execute same and approv transfer of funds for miscellaneous costs of the project in the amount of 1 39 2 . . (consent) Traffic Operations Manager Paul Bertels reviewed project details. Chestnut Street was considered but the Florida Department of Transportation expressed concerns with safety. No parking spaces would be lost on Turner Street. Seven public meetings were held. Two individuals supported the project with one suggesting that Chestnut Street be considered as a possible trail location. The majority expressed concerns with a trail on Chestnut Street. Councilmember George N. Cretekos moved to approve Item 9.9. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Approve a Local A ncy Pro ra ALA P) Agreement between the Florida Department of Transportation and the City of CI a at r in the amount of $1,392,000 for the construction of i lanes on East Avenue, and adopt solution 09-. 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. Council 2009-05-21 17 Item # 4 Attachment number 1 Page 18 of 20 Councilmember Paul Gibson moved to approve 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 The motion was duly seconded and carried unanimously. Resolution 09-24 was presented and read by title only. Councilmember Petersen moved to adopt Resolution 09-24 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. "Nays": None. 10.2 Approve entering into an agreement with the Florida Department of Transportation ( T}, 256881 1 52, 1, to fund the construction of has 11 of th Tropic ills drains improvements in the amount of $1,114,000, and adopt solution 09-26. 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 II 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. Engineering Manager Elliot Shoberg said the Department of Transportation revised the agreement to a fixed cost agreement after Monday's work session. Councilmember John Doran moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-26 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 09-26 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard. Council 2009-05-21 18 Item # 4 Attachment number 1 Page 19 of 20 "Nays": None. Miscellaneous Reports and Items 11. 11.1 City Bonds Update Finance Director Margie Simmons said recent bond ratings allowed City to issue bonds at 5.54%, providing a $1.9 million savings. The City will have $500,000 less in debt service. The Council recessed from 8:05 p.m. to 8:13 p.m. 12. Council Discussion Items 12.1 atria ffii ny to y ® D. Cost ayings City Auditor Robin Gomez provided a power point presentation. He gave a brief overview of the police efficiency study completed by the Matrix Consulting Group, Inc. He said adopting the recommendations could result in a potential budget savings of approximately $1.3 million. The City Manager stated that Council needs to determine the level of police service to be provided. In response to pending recommendations, Police Chief Sid Klein said the 8-hour shift would be more efficient but the department would lose a 4-hour overlap in shifts. Chief Klein expressed concerns with eliminating the Beach Walk team as Clearwater has the lowest officer ratio for a tourist destination. Any staff reductions would come from attrition. He said the current recession is impacting crime. Larger cities are using the 10-hour shift as a recruiting tool. The community policing teams are the only officers allowed by contract to flex schedules. The Department's overtime budget has been cut in half. Discussion ensued and it was indicated decisions regarding the Police Department should wait until the preliminary budget is presented. Seven individuals opposed reducing the community policing levels in the East Gateway and one individual opposed eliminating the Beach Walk team. Concerrns with the impact of upcoming budget restrictions were expressed. 13. Other Council Action 13.1 Other Council Action Council 2009-05-21 19 Item # 4 Attachment number 1 Page 20 of 20 Councilmember Carlen Petersen said D.T. Minich, Executive Director of the St. Petersburg/Clearwater Convention and Visitors Bureau, will be at the June 15, 2009 work session. Councilmembers reported on events in which they recently participated and reviewed upcoming events. Aciiourn The meeting adjourned at 9:36 p.m. Mayor City of Clearwater Attest City Clerk Council 2009-05-21 20 Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2009 Approve a substantial change amendment to the City's FY 2008-09 Consolidated Action Plan to receive an additional appropriation of $251,549 in funding from the American Recovery and Reinvestment Act of 2009 and authorize the appropriate officials to execute same. SUMMARY: On February 17, 2009, the U.S. Congress authorized funding through the American Recovery and Reinvestment Act of 2009 (Act) to provide additional appropriations to the Community Development Block Grant Program under Title I of the Housing and Community Development Act of 1974, as amended. Through this appropriation, the City of Clearwater, Florida will receive additional funding from the FY 2008-2009 Community Development Block Grant Program-Recovery (CDBG-R). The main purpose of the funds is to maximize job creation and provide economic benefits by preserving and creating jobs and promoting economic recovery; assisting those most impacted by the recession; providing investment needed to economic efficiency; investing in transportation, environmental protection, or other infrastructure that will provide long-term benefits; minimizing or avoiding reductions in essential services; or fostering energy independence. To meet these mandates, we are recommending funding for the following projects: • General Program Administration - Provide funding in the amount of $25,154 for administration costs to implement the program. • East Gateway District Facade and Building Lot Improvement Program - Provide funding in the amount of $80,000 for loans to for-profit business owners to improve the building facades of their buildings in the East Gateway Neighborhood Revitalization Strategy Area. • East Gateway Sidewalk Improvement Project - Provide funding in the amount of $146,395 to install or improve the sidewalks in the East Gateway Neighborhood Revitalization Strategy Area. The Act further requires the funds to be committed to projects by November 20, 2009 and expended by September 30, 2012. Placing emphasis on projects in the East Gateway Neighborhood Revitalization Strategy Area allows to city to meet the obligation outlined in the recently adopted strategic plan and show HUD the city's commitment to revitalizing the area. It will also allow the city to meet the commitment timeline mandate. A third quarter budget amendment will establish three projects to recognize the HUD grant. Type: Other Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Yes A third quarter budget amendment will establish the following: 181-99627 CDBG-R East Gateway Facade Improvement 181-99628 CDBG-R East Gateway Sidewalk Improvement 181-99629 CDBG-R Program Administration Current Year Cost: Not to Exceed: For Fiscal Year: to Cover Memo Item # 5 Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment 181-99627 80,000 Grant for EG Facade Improvement 181-99628 146,395 Grant for EG Sidewalks 181-99629 25,154 Grant for administration Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 5 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll- off container or waste receptacle service(5)(b)(ii)(7), and pass Ordinance 8025-09 on first reading. SUMMARY: The following amendments are being proposed in addition to the amendments discussed with Council previously and outlined below. 1) add definitions for commercial waste and industrial waste, 2) rename "construction debris" to "construction or demolition debris" and update definition that vegetative matter is not condiered construction or demolition debris, 3) add language to Section 32.288 to allow sole proprietors or corporate entities to obtain permits to collect or haul refuse within the city limits, provided they use trailers or other similar rubber tire vehicles with capacities no larger than fifteen (15) cubic yards. the following amendments were discussed previously with Council. The proposed amendments to this Ordinance and Appendix A include the recommendation for exclusivity for the City's roll-off operation and various wording changes meant to clarify, update, or strengthen the current Ordinance and Appendix. Article VII, Solid Waste Management Update Language and added definitions Solid Waste to Solid Waste/General Services Solid Waste Director to Solid Waste/General Services Director City Commission to City Council Definitions added Containerized service - collection of solid waste or recyclables in city-approved containers Contamination - when more than de minimis non-recyclable items are included with recyclables, or two or more types of recyclables are commingled. Eviction or move-out refuse - refuse left for collection resulting from an eviction or move-out. E-waste - inoperative or discarded electronic components. Late payment - means any payment remitted after the required due date. Recovered materials dealer - person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. Roll-off container - large capacity container used for commercial, industrial service, or special purposes, including but not limited to, containers with capacities between (10) and (40) cubic yards and which is transported with its contents to a solid waste disposal site. Servicing - interaction with Solid Waste/General Services with regards to installing, cleaning, deodorizing, p8lllin?., removing, oving, ove or repairing damage to waste receptacles. Waste receptacle - vehicle or container used to collect, transfer or haul solid waste or construction debris. Item # 6 Strengthen Enforcement Capabilities - Language added to Sec. 32.276 that designated solid waste personnel have the "authority to exercise limited police powers to enforce provisions of this chapter." Appendix A, Schedule of fees, rates and charges Establish Rates Solid Waste curbside collection rates for customers outside the city limits (Agreements To Annex) - add a 125% monthly surcharge to provide curbside service to accounts outside city limits. Dumpster cleaning charges of $100 per receptacle after two free cleanings per year Annual maximum of yard waste per dwelling - four complimentary pick ups beyond the once-weekly yard waste collection per 12- month period not to exceed 40 cubic yards in the 12-month period. Exclusivity for Roll-Off Operations The provision of roll-off and compactor service in the City of Clearwater is currently open to all private roll-off haulers and the City's Solid Waste Department. Exclusivity would prohibit private haulers from doing roll-off business within the City limits. This recommendation is based on the following: - Revenue Opportunity: Current City roll-off operation has the capacity to absorb additional business without adding full-time equivalent postions (FTEs) or equipment. - Savings: Staff costs and hours necessary (approximately 1,200 hours) to enforce collection of the 15% franchise fee from private haulers. - Customer Service: Continue high level of customer service (service same day or next, deodorize and clean containers, etc.) - Efficiency: Area of operation within the City limits allows for a short turn-around to service. - Location: Transfer Station is centrally located with the City and has the capacity to for additional refuse. There are eight FTEs assigned to the roll-off operation. The operation also includes six roll-off trucks providing service five days a week. Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 it a? 4 v it a? ... it E a? it a? III IIII IIIII QO E a> tD it E CD E it a? 4 Attachment number 2 Page 1 of"17 - i 3179 TO City Council FROM COPIES Stephen Sarnoff, President, CWA Local 3179 Bill Horne, City Manager sl 1 SUBJECT: Additional Background Information for Ordinance 8025-09 DATE: May , 2009 Dur in,v t'w discussion for this item several issues were raised concerning our roll off operation. One of m ati4itF,n° nts is to market our services to people and businesses who obtain building permits fs - locatiotr, 117 the City, and in the unincorporated areas in pro dmi'tyr to our City. Another as5,ig,vment that I have is to ride every street of the City' looking for roll tiffs placed by other prt,v clcr,s. This inventory is used as a cross reference to insure that the City is receiviial; a full ACO) llring of the assets that should be generating the 15% franchise fee: that is required by ?!di ,;iiicc for roll offs and compactors placed within our City limits.. An issue was raised about how we let the marketplace know about our service and our very competitive pricing. We mail a packet that includes: letter of introduction that identifies our services and benefits, A price comparison with an unnamed provider to show our value: of service compared to theirs. Our rates for services within our city limits and out rates for the unincorporated areas of Pinellas County,. In addition, other supervisors and leadworke;rs market directly to our potential customer, by visiting; job sites ar e' .lking; to superintendents and other competent authorities about our scn icc,? and prices. W,-? discuss our services with project managers at the Development Review Committee rr:eeting,. I } ve also included a copy of the last full city--wide inventory of private roll-offs placed within the Ci- . Many of these are being used by the individuals and organizations that have received oar in .ir'ln , over the last few months and many have received personal visits. Even with our louver price., it i, clel-lrly evident that there are other reasons for choosing the more e:.pcnsive alternative service. 1, to the issue of "monopoly", a public utility, NvIiich we are, prr,\ id?_ ices to dic gcncral pial lic.. pciblic unlttaes iiieltide ctccri-ic r?;as, tclcl-rl , .:tier '.l:Ltit,; tel.? itiic,n cab7e y p(11+_l t3ncl sysr°ein;;, as vvcT as streetcar .anal ],Lis line:,. They are all,nv-ed tertarn nioru,pc>1?. r-t,,hts dire to the, Practical necu tcs sere tee. entire geographic areas with one s stcn-i, 17 . we are rc,,ul . d 1)'! crate, c01-;ntt irz,:e.{ cir,' 1, ws and ordinances. More importantly our rages Garc approved at a pttlrlic nie ctin I]v- th4 city .3)LJiiC'-I. That is the best proteC[1 rri ,t?=tatriwt •an uiiscisc Of otrr cx6u`tt irr'. Item # 6 Attachment number 2 Page 2 of 17 May 4, 2009 <<FIRSTNAME>> <<L ASTNAME>> <OM PANYNAM E>> «STREET ADDRESS>> <<CITY>> <<STATE>> <<IP>> We would life the opportunity to be your hauler of choice for your construction, remodeling or clean-out projects and compacted Solid Waste (garbage). The City of Clearwater Solid Waste Department offers; • Highly competitive prices. • The highest level of accountability and dependability being a department of a municipal government. Radio-dispatched by customer service professionals. Service the same day when called in before 12 noon or the very next business day.. 10, 20, 30 and 46-cubic-yard roll-off containers for all of your debris removal needs. 0 Trash compactor service with charge boxes of 26,30 and 40-cubic yards. A container maintenance program that offers high quality and prompt repairs, with all sales and lease programs to include full maintenance. Uninterrupted garbage collection during compactor repairs and maintenance. 0 All compactors are rinsed out and deodorized at no additional charge We are fully licensed, bonded and insured, and we want to be your first choice for roll-off and compactor service in North Pinellas, To order roll-off or compactor services call (727) 562-4920. If you are an existing City of Clearwater Utility customer let us know when you call or you can open a new account with us, For further information please don't hesitate to call me at (727) 798-5228 (Cell) Sincerely, S,',- r7ficn Sarno f Sty °d Waste Accounts Coordinator Item # 6 Attachment number 2 Page 3 of 17 Sample of Large Construction Site Project In unin Grp Tonnage f7e P 0sn! 9.42 5.353.25 0.65 S 399.38 4.80 180.00 0,32 ``2.00 4. 78 179.25 :3.44 S 129.00 2.45 $ 91.88 2-89 S 108.38 1.36 51.00 2.35 $ 88.13 5.90 $ 258.75 3.07 $ 115.13 6.80 $ 255.00 4.32 $ 12.32.00 'Of fulls 14 on 30 YD Roll-C`ff ?ice a: Pub Tt al 5 1 `r S 479. 7C 120.4b $ 525,83 a 125.45 $ 1017.45 S 126.45 138.45 S 125.45 5.70 $ 126.45 S 2c5,45 $ 1266.4; $ 218,33 J 126.45 $ 2:34.83 S 120.45 $ 177.45 5 126.45 S 214.58 120.45 $ 385.20 $ 120.45 3 2 =1.58 126.45 3 15 $ 126.45 5 1 1 T otal IBM _ ?S .4i 4,15 Sample of Large Construction Site Project Based oil 30 YD Roll-Off Clty `b`lear., _ tr, Rate , w /' -Nn Fee T List mail i-ev i otaI wri5%4 9.,:2 S 3' 3.`':1 $ 112. c , ' 5K, 12 10.55 5 399,38 $ 112.94 $ 589.16 4.80 S 180.00 S 112.94 $ 336,88 0,32 $ 12.6]0 $ 112.94 S 143.08 4.78 5179.25 $ 112.94 S :3316.02 3.44 S 129.00 $ 112.94 278.23 2-45 a 91.88 a 112,94 $ 235.54 2.89 $ 108.38 S 112.94 a 254.51 1.36 S 51.00 $ 112.94 188.53 2.35 S 88,13 $ 112.94 S 231.22 6.90 S 258.75 $ 1'12.94 S 127.44 3.07 $ 115.13 S 1.12.94 S 252.27 6.80 S 255.00 S 112.94 5 423.13 4.32 $ 162.00 $ 112.94 y 3? 61 # Of PUils _ 14 Total Bill 4,558.93 Item # 6 Attachment number 2 Page 4 of 17 ti T I II I > > ?a a a ' r Y fl ? ? :? ! ea ca U G L h ?. ? te ?!! ? v „? ? W .+? ? C . to ? c ? w " I ` U ll ;v J «. 3 S 9? ' CG r r, ^" (!7 C..) # ra sa ? ,- {`.1 n Pi ? P-l k---I O ' ? C w?. ? ? ? ? ? y] ? Li w , .. ? w ? ce ? a,? 'C "' c? '"G tl ? ._' > I--i G"T'" "? ? r' CJ 1. C? :C c /l 'I. C? Y. fl "?. G c'S ;C ? is 4," ?' Y: i/: ly ? ?J ? ? H ?.? rJ I , - M , ?i ? .? [ ...-, P"` •W 4.J ? 56 ?#' ?^ ? ,? ",.. M r+ \.J P'? !J .? r ? ? Z r 1 `7 ?' r 9`•- f I r ?? -1 Cal n r -D a , ,n r- r r r r r r r.. ,n cs u e? y as C y ' u o u fl n v l cl- lA, •'j - •°'f" c} T..i" ..C.n ' -. + 'Ll ' i.^ '.. $' C! "..." "'""' I Cd n3 w -? 1 : F -• -' A ?. > 4J v. y,a + ,. --: .- ?, .. td .1 P C v: a? ?II O C O O i T T r T P2 7 r w Q u V v U Li V ( U ,C7 T v r E v E rt fl L U S? ? ? : M_ ? _ G7 H W G J ? G7 °?"" "h ? ? Y ? h ? ? SC w R1 G ? w ? w S 1 w?'" 0) 0 0 C CC3 fS? u+y s17 "C7 CD CC3 q) 0 U E Ca dl] U t? C tll 0 Q C7 U7 C dl? Attachment number 2 Page 5 of 17 1--l"I'll", -7 ?f i r . r5 rr•. cr tom, i I M7 TTT- All p v a a; u Sa as CJUP. U I- {J0'7 U G ? 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I+ 7 C CJ C C7 CJ f J U 0 G-- 0 M r" U G r r J W T-1 Gl 7 C C7 k - w - a ,] p ! r , c 7 p r - r; F? V r, J 7 ) ? n ` -t n r° cf ? Fn c ra 5 r^ U r-- " r- r N r as o r-- ? r + r r? ? ? ? `-'^? t . ? - t ? n _, +• v ; C'd r; ? ,..„ ? i Gw ? ^. Cw ..C a '"° p fn ? c ° u C' as p p v C p p G ..p `., 2 a C x as + w .? tr V " Li p H = -Y I " w 5 c rt y 0? V Gw•' L i C L CJ. iC V U " n •r .?E ri 0.d . .,. lu C"w It. 11 ? „ p Ctl ? «w ? L+ Q ? 'V r ( CL c (U CJ ?s S E Q 0- CY) S 'C3 p3 ?.J Cl7 U .w. CJ C Q} C a U) SJ} CY) C Its Attachment number 2 Page 7 of 17 IP1 Ln w °i`$" - Lr: (-- In e-ti 00 `f `'- ?j3 ?O 'v7 C '?' 1.r" 11, r::? I.n f° s•.r Uf. U) U) LJ rv t£`.. e-- "t) 10 ' f :J- 1J7 In V) 1Z, tir) F-- I.n , '-0 1.!"i 14) 1d.7 I- C-- r- r- ^wJ r-- r- r-l- d"- r•• r- C'- L--. i -- -? f--- i--- ?..- {e. n°, Ml C) c M! M C n -' ? 7 F M M C, MS ? rn f") f?? M. i''S [?"] C?`1 rf, C'rl C' 7 Cr) 1 C3 r ?1 H '?W Sa 54 Y1 7.7 1-i L+' ? ? ,,_j iM H 8.i N M ?^ iM F+ H U 9J U 7J ? G ? d.1 d,7 ? CZS Sd Ski _N :J 1. ? _ ? L 'L 9J 7-1 U. U. ?^ Ma Y H i ! + 0.1 s^' C F--I r . :'rt C W ` ?" " se Q gur ??^r ! -- -? ? aJ ..). cj) '?' [.7 ? r + M4 [ irk '`J 4.x"7 ? ' ? I:9 W [.l: ? y C] , ? C C r_-,. [^d *.i C?3 J '= r - ?- r'- i4C7 r- 1 1 H e I m # Attachment number 2 Page 8 of 17 0) C) 0 rq 2 1-4 0 U 0 LL U-i U U pp?? F+wA In In .:. rh f r?- ?`' r•.a J • w:r r'-+ r- 8 r, [ r"° r- r-r r5 _ x c- ,n 'r v p - 0' 00 (:? C"] r U1 ,-. +n {r^, lr r, _ Lrn ,n Z;Q x aw ?n [ , r v^ ? [°. ?- - r- [ r co r-.' r { r? r? w r r v r r =' ? -T ? 't 4 r ? ' c? " ? r?7 rr ^ s•^?; + rn rrq ' r?; ^ r? ? c? cn ' ^f- . r; M ` , r rat .. c? ?- =fi ` fr ? ? -? °,t --r " 't ; 4 " R`s 1 c? ^• ? M] [+ , .,e ; .n M r+ • M. M. M r+ r, ?+. r< , . M M r+ , c^, r n". Ni r.+ t, t r. ? E ,--e ? s^^^d b•--F f Frr.,T..• r . f , F-4 Psi ? wH w4 W.l 1W- I,....w i h--! F Mw Mw-m ?W ? rW ew Mme! r?4 F-•4 ?r k??v wW .? Ww I U w w t w+? W. W. ?3.s L-I ?d ?L l ?: C! 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W w em 6 a CL U rCS CD ill alma E Q) a M Cy C C) U') 0 0 L U U1 .A 4ry? 45 Q) L E 0 .6a U) ?O 0 M W 0 V M 4.1 V) V) Attachment number 2 Page 9 of 17 0) C) N CL r? 0 U- V) LU 0 U v? y I r-, ? i II - - f rr r1'; r21 2?1 e ? ? k Gz [ , [r [? fs =? [s [Y LZ [ -, L [s [y - [ = w [ Lt. L w 4 [s L Lt„ L C? 47 w C^ N F "u_ y?y _u J c.3 w w w w : i r r..,. x. to Cl r :a ca rJ M .w ;. o.., m M "C7 ? w cc r 2d :s tE ra r ? 2 a.+ ?: f. J 3 J H 1 C 4w a. a F 1a `.? U "J A ?J L1 ? ? N n _r C, .. y ,,? r _ ? ` rr ? }} r r ll v r 71 ti"? + Fw C ,; ? T3 ? j an u p 5 e k is ' ?. ?+ 47 ,ri W ry wJ rw ?^?, '"". ?? ""7r Pi C" 00 f'7 fC " 1 VA ?'" y '?' ?. ?-^" I + . cG G 1.a w r+ i L; V] 1 In ? r«.+ ?', ...w rw w GC+ "0 0 te r,, G+ i om n ,+ GC w+ C 1 V) I"- Ufa X r_. w„ .^-+ wr•, rw i.t5 , Cl CV ? '7 r? r..l -t N -- t ] Lr^, Y - (7a N 00 C;. C, :S) ` rn N] `.: C: ^ 2 r F" rrf r-y lr 11 1 c? -,t IX ra Lf" m LC , e^M 1f) ^M ( ,I t' ] `? n w 'q . ] . ] ^ J 1`1 e 1 ri ? , C?j ^? r1 `. ad - • _. V , V J ? 4? H y ? -Cq -R ..1.:. J a--1 =..! L.y X11 ,= I--1 -1 s? rL L.! u item 4 6 {1 G ra fCS S1 C _' E L- a) 0. Cn Lt?n 0 U 0 V) rol ?}{ V I ry Q) . ) E W 0 0 :-) w ?+U W 4md 0 40 ?-yJ.? ?+ A Attachment number 2 Page 10 of 17 Cj) C) C) CL TZ U 0 LL- p? pN? .,' a_,_ Cj+ 0 C) N T7 ?Y 'L u7 E L Q7 Q 0) M 0 N ? LLn : d 0 Ln U} QI.. (11 ,Q 0 U Q U3 U 0 0 L ?-7 0 OL 14- 0 an LA C? C_ L? Item # 6 Attachment number 2 Page 11 of 17 U Ln N C C!7 r- 0 Iq LO LO U-) V) c- U') z 0 CO ? d LO 00 1 r- LO 1 1 1 I 8 1 p r- r-.. ??.' LL ({.l 0 u7 (D (0 (0 IT N (N LO r qq M r IT M r- M r- M r 'r M C3 7 1 Nt 0) 00 1 T (0 00 CO M «w? t I1 LU Ui 2 z ryry IL < < 0 CO /ry w 0 :D z_ © Uj J U Cr) < < Z LL -j (1) U) W ` ( D CO 57 (/) U) U s c17 ?} 5- ( ) C) w a- J 0 < ? ¢ ? d - W 0 ? L ?L C U Q C GJ L t] " u- L) C7 CO CO u) N N C] ? Cr= < LL > - 0 M w t LJ J d Q! U7 a- r ~ CI_I 0 U] LLJ (D 0 L D m 0 U) jY ::D Z) J n ? w ( CLZ (!} J J LO - LU 00 T 4p ? U7 LO U) Ca CO Cr 0 04 N LLt MJ 4f(0 7 t- M LO 00 Z 0 ? ' Q ? 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J M -i F- [Y p M 0' u ) w Ca w, C cl? 0 a? 0 0 o CO V) m U7 - w t) m to >- p 0 1 0 ? vices wccs CD m CJ Ma3 U z H z? w` a vim wm { ? J <z d tL C? G= C ww C3 J ww < < < f- < J J CJ C!7 of n U3 D o., -n ( (? w (D w C7 w C J w L) U ?? ' w' T LL w D :D w (n Z AC M dC ? Z) , CC„ Cr_ j- r7 :) 0 w 0 C? [L Lo ? C7 L 0 (D 417 (7 ass ' Q) LO < ? ? V' J C:? 2 c4 -j Ca ® 0 V) LO 0 < OD - LO CO LO LO U') :5 (Y) ? < < (Y) ? tY F CL C) U T C) CO N CO C14 C13 N Ca ra U7 0) d N ° r CO CW rs r N CO rv r p- us 00 P- r- T 00 F, L 's V 0 CV in 0 ` ti t+] t? CCa + Crj CV ? C'r'A N C7 ? M N T C'7 Cpl GYM '. r N N CN N N (N - (N C7 M c") CO CO ' M M CY) C7 C7 0 0 C) 0 Z4 0 !7? i ?.t7 N lC) fr ,"v I I t t I ?..1 Item # 6 Attachment number 2 Page 16 of 17 0 0 0, 00 00 'y cc Cd CV D CAE - U 7 (17 U) w w LL! LLJ U U 0 _ 5 CC or_ C? LLI w Uj U) U) U) Uj LU 1i CT3 13 U? LLS to 0 z J z i w 0 J J V V LU ` W (!) Lij U) U) U) 0 -7 3: a 0 LiJ L U r- 4 F -j L? C`J LO CC7 C\{ X) 6C] C<l C+7 C+7 r ^' h-• Cx77 t"7 C'V Cs'a i CV C+O C) 0 Item # 6 VATY OF LEA Am -- FEE S°CIHEDULE OUTSIDE THE CITY ROLL-OFF SERVICE DISPOSAL FEES C1"d3PAG EIJUNX $37.501 PERT(_ C .',D $33.06 PER -f( 41 BRUS1,VYARD WASTE $31.50 PER TON PALL :TEES ;O-YAHC $120.70 PER PL I 30-YARD $126.45 PER i U 40-YARD $13219 PEH . _L DEPOSIT A $400 deposit may be required. Other IoG I fees may apply. THE C TY OF CLEARWATER IS COMMITTED TO CUSTOMER SA'TISf ACTION AND QUALITY SERVICE SAME OR NEXT AY SERVICE GREAT RATES '1E7_ V YO L-7. ROLL-OFF TODAY! w ! CITY F CLEAR AT'E SOLID WASTE DEPARTMENT WiAl. MYCLEAH4lAT EC?.00f,1 Attachment number 2 Page 17 of 17 r 1 Item # 6 Attachment number 3 Page 1 of 27 ORDINANCE NO. 8025-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING ARTICLE VII, SOLID WASTE MANAGEMENT, SECTIONS 32.271 THROUGH 32.322, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION; (3)(c) SOLID WASTE COLLECTION RATES THROUGH SOLID WASTE ROLL-OFF CONTAINER OR WASTE RECEPTACLE SERVICE (5)(b)(ii)(7), CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article VII, Solid Waste Management, Section 32.271 through Section 32.322, Clearwater Code of Ordinances, is hereby amended as follows: DIVISION 1. GENERALLY ********** Sec. 32.2715. Definitions. As used in this chapter: (1) Commercial container means any container approved by the Solid Waste/General Services Department 6o'0Q' e d°p°FtmeRt and serviced by a commercial collection vehicle. (2) Commercial establishment means a property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code. The term excludes property or properties zoned or used exclusively for single-family residential or multi family residential uses of four units or less. (3) Commercial waste means solid waste generated as a consequence of operating a commercial establishment exclusive of hazardous or biohazardous waste. 141434 Compactor means any mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables. f§j{4) Compacted means refuse er garbage condensed by a compactor. (6) {5) Construction or demolition debris means discarded building materials and rubble including but not limited to earth, cement, brick, wire, cans, flooring materials, lumber, plaster, roofing materials and any other waste resulting from construction, remodeling, 1 Item # 6 Attachment number 3 Page 2 of 27 repair or demolition of any structure or pavement. Such construction debris may be either commercial or residential in character. Soil , tree remains, and other vegetative matter resulting from site work or land clearing shall not be considered construction or demolition debris. (7) Containerized service means collection of solid waste or recvclables in city- approved containers. (8) Contamination means when more than de mininis non-recyclable items (such as trash, food waste, glass, putrescible garbage) are included with recvclables, or when two or more different types of recvclables are commingled in a container intended for one. Mk6-?Customer means owner, occupant, tenant, or other person having control of the improved real property. (10) Eviction or move-out refuse means any refuse that is left for collection resulting from an eviction or a move-out. (11) E-Waste means inoperative or discarded electronic equipment including, but not limited to televisions, computer CPUs, monitors and peripherals, and handheld and desktop telecommunications equipment. f12l{ 4 Hazardous material means material which is radioactive, volatile, flammable, explosive, infectious, toxic or otherwise hazardous, including but not limited to material designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater smote 9F Fegulati law or ordinance; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency. (13) Industrial waste means solid waste generated as a consequence of operating an industrial establishment, exclusive of hazardous or biohazardous waste. (14) Late payment means any payment remitted after the required due date. (15)(6}Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. f161{g}Putrescible waste garbage means household or commercial solid waste that will putrefy. (17)494 Recovered materials means metal, fiber, gaper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. L18144} Recovered materials dealer means any person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. 2 Item # 6 Attachment number 3 Page 3 of 27 X42} Recovered materials processing facility means a facility engaged solely in the receiving, storage, processing, resale or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the definitions of section 403.7045(1)(f), Florida Statutes. f?O 1424 Recyclable means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 144-} Recycling means the collection, processing, marketing, reprocessing and resale or reuse of any material which would otherwise be processed or disposed of as solid waste. f?2 145}Recycling bin means any container issued by the city for the purpose of recycling. f?3 14&} Refuse means all putrescible and non-putrescible solid waste. f?4 147-4 Residential refuse container means a city issued automated container and/or a city-approved 32-gallon container or other container approved by the director of Solid Waste/General Services sA ^4°1+° (25) Roll-off container means any large capacity container used for commercial or industrial service, or for special purposes, including but not limited to, containers with capacities between (10) ten and forty (40) cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. (26) Servicing means any interaction with Solid Waste/General Services with regards to including, but not limited to, installing cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles (27)4?4 Solid waste means sludge not regulated under the Federal Clean Water Act or Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. The term does not include recovered materials as defined in this section or in section 403.703(7), Florida Statutes. (28)(2-04 Solid Waste/General Services Se4d waste director means the person authorized to exercise and enforce the provisions of this ordinance. fL9149}Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of according to an orderly, purposeful and planned program which includes closure and long-term maintenance. fL0194)-Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility or other facility, the purpose of which is resource recovery or the disposal, recycling, processing or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of Section 403.7046(4), Florida Statutes, except the portion of such facilities, if any, that is used for the management of solid waste. Item # 6 Attachment number 3 Page 4 of 27 fL119-2}Source-separated means that recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes that de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. fLQQ3}Special wastes means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, e-waste, paint yard trash, and biological wastes. fL31{24Trash means any waste accumulation of paper, sweepings, rags, bedding or other matter of any kind, other than garbage, which is usually attendant to housekeeping, except recyclables. (34) Waste receptacle means any vehicle or container, but is not limited to trailers, roll-off containers, compactors or any other functionally equivalent containers, used to collect, transfer or haul solid waste or construction debris from one location to another. (35)(2,5}White goods means inoperative and discarded refrigerators, ranges., water heaters, freezer{s4 and other similar domestic and commercial large appliances of any color. (36)9-k}Yard waste means vegetative matter resulting from landscaping and maintenance. Sec. 32.272. Collection by city; exceptions. (1) Generally. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city government. Following receipt and referral by the City Council Gemmossm n of annexation petitions, the city shall, upon request by the petitioners, collect refuse accumulated on properties being annexed by the city. Any residential, commercial, or industrial property within the City that is being constructed, is occupied, or is capable of being occupied, shall be presumed to be generating solid waste for collection. (2) Exception for commercial establishments. This chapter shall not prohibit the actual producers of solid waste or the owners of premises upon which solid waste has accumulated, from personally collecting, conveying and disposing of such solid waste provided such producers or owners comply with the provisions of this chapter and with all other governing laws and ordinances. This paragraph shall not be construed to provide for or as allowing collection by subcontract. An owner or producer of refuse or recyclable materials may sell or donate these materials but may not enter into any disposal agreement whereby the owner or producer pays for the use of the container or for hauling. (3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors from outside of the city from hauling such solid waste over city streets prescribed by the 4 Item # 6 Attachment number 3 Page 5 of 27 director of public works provided such collectors comply with the provisions of this chapter and all other governing laws and ordinances. (4) Exception for private collectors with roll-off containers, compactors or waste receptacles. Thi pter shall not nrnhihit a private nnllontnr hnldinn a permit from the by the Gity that the nit y dGeG RGt nhtG nr-11on4 -And appFeyes f^-.r nr_l1on4ir_n by 9 1tside ?n+ri-i-crcc?A private collector who currently holds a city issued permit for placing and servicing roll-off containers, compactors, or waste receptacles for commercial and industrial waste, may continue to provide said service for the duration of all existing customer contracts. The private collector shall provide the city with evidence of all such contracts. This exception shall only apply to contracts entered into on or before June 4, 2009. Moreover, the City may honor an existing private refuse contract for existing development which annexes into the City for the remainder of the contract term or for five (5) years from the date of annexation, whichever is shorter. (5) Exception for bulky items. The city has the right to refuse garbage service of any unusual or extremely bulky item or to require the owner or producer of waste to reduce it to such size and weight as can be handled by city equipment. Sec. 32.273. Director of Solid Waste/General Services Warmt°; powers; appeals from action. M All solid waste and recyclables accumulated in the city shall be collected, conveyed, and disposed of or otherwise managed by the city under the supervision of the director of Solid Waste/General Services waste. (2) The director of Solid Waste/General Services °^li' waste. shall have the authority to establish the type of container, the frequency of collection, location of container, amount of solid waste and recycling collection or disposal service needed, so long as such change does not fall below any minimum standards set forth by Federal and Florida law or local ordinance. Sec. 32.274. Unlawful practices generally. It is hereby declared unlawful and a violation of this chapter for any person to do or permit to be done any of the following acts or practices: (1) To deposit on or bury in, or cause to be deposited in or buried in, any property, public or private, and any street, alley, the waters of Clearwater Bay, or any creek, watercourse, storm sewer, or ditch within the corporate limits of the city, any solid waste or other noxious, malodorous or offensive matter; (2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and in good state of repair all containers and trash receptacles; (3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of any kind, which constitutes a menace to traffic, both vehicular and pedestrian, or a health or 5 Item # 6 Attachment number 3 Page 6 of 27 aesthetic problem, or which impairs the proper operation of the city's sewer or drainage system; (4) To remove recyclables or any marketable materials from solid waste placed out for collection. Such an act is declared "scavenging" and is punishable by a fine of $500.00 per incident. An incident is deemed to be the removal of such materials from a single premises; (5) To dispose of any paint, hazardous material, acid, explosive material, Inflammable liquids, burning substance or any dangerous or highly corrosive material, used oil or biohazardous wastes in any refuse container which might be detrimental or harmful to any person or persons. The city will not be responsible for the collection or disposal of these materials or of special industrial wastes. Damage to city-owned containers as a result of the above will be repaired at the expense of the user; er (6) To place or deposit or cause to be placed or deposited upon any of the streets, sidewalks, parkways, thoroughfares, public parks, or other public places of the city, any tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded matter of whatever kind, except as specifically provided within the rules and regulations-- (7) To bring any solid waste into the city from outside the city limits, or transfer solid waste originating from one party to another party within the city, for the purpose of collection and removal by Solid Waste/General Services; or (8) It shall be unlawful for any third party or contractor to create or leave construction debris, yard waste or refuse subsequent to the performance of any work on private property for the city to collect. No materials from such operations shall be placed in any residential container, commercial container, waste receptacle or set out curbside for collection by the City without prior authorization by the Solid Waste/General Services director. Sec. 32.275. Prohibited materials. (1) Building materials. Except for roll-off container or waste receptacle services, the city shall not be responsible for the collection of dirt, rock, sod, plaster, lumber, metal or other construction or building material originating from private property preliminary to, during or subsequent to the construction of new buildings, or alterations or additions to existing buildings. Such material shall be removed by the owner of the property or by the contractor. No certificate of occupancy shall be issued until such material has been removed by the owner or contractor. (2 tagi0usefisease `e4d waste. The -rp-MA-y-Al A-f nlGthiRg beddiRg 9F tetherS9liGI rnllon+od by Gelid waste PePSGnn°I jQk34Inflammable or explosive materials. Highly flammable or potentially explosive materials or toxic substances shall not be placed in containers for regular collections, but shall be disposed of as directed by the director of Solid Waste/General Services sG4d wee at the expense of the owner or possessor thereof. 6 Item # 6 Attachment number 3 Page 7 of 27 1144 Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides, herbicides and other hazardous materials shall not be placed for collection, and shall not be collected by solid waste personnel. Sec. 32.276. Enforcement. The director of Solid Waste/General Services S^'"i ? -A.Rt is authorized to exercise limited police powers to enforce the provisions of this chapter. These limited police powers shall include the authority to issue a notice of violation of a provision of this chapter and, following a reinspection after the time specified in the notice for corrective action, if there has not been substantial compliance with the notice of violation, or if the violation has been corrected but reoccurs, the director of Solid Waste/General Services s^'o-Waste may cause a summons to be issued by a sworn police officer, code enforcement officer, or designated Solid Waste/General Services employee of the city for appearance in county court, or may notify the code enforcement board and request a hearing pursuant to sections 7-102 of the Clearwater Community Development Code 2.212- and 2.219. A notice of violation shall describe the nature of the violation, the corrective action necessary to cure the violation, and the time within which corrective action shall be taken. A notice of violation shall be served in the manner set forth in section 162.12,_2-2-4-& Florida Statutes. Personnel Emcees authorized by the city manager or designee as code enforcement officers or solid waste personnel are hereby designated as the investigating and enforcing authority pursuant to this article. The code enforcement officers or solid waste personnel are authorized and directed to receive all complaints, make inspections to determine if a violation of this article exists, gather all relevant information concerning such complaints, conduct field investigations and inspections of real property, and enter upon real property, with or without a warrant as required by law, in the conduct of official business pursuant to this article. It shall be unlawful for any person to interfere, harass, or otherwise impede a city code enforcement officers or solid waste personnel employee who are +s carrying out or acting within the scope of his/her duties. A law enforcement official shall have the authority to arrest an individual in violation of Article VII this seet;ep Sec. 32.277. Penalties. (1) Any person or entity found to be in violation of the provisions of this article shall be prosecuted as provided in section 1.12. (2) Imposition of a penalty or fine does not prevent the city manager or designee cede °nf^r^omon+ heard from proceeding or from revoking or suspending a license or permit. (3) In addition to the penalties provided in subsection (a) of section 1.12, any condition caused or permitted to exist in violation of any of the provisions of this Code can be deemed a public nuisance, and may be abated by the city as provided by law. If action to remedy the condition is taken by the city, the actual costs of such action plus administrative costs of up to $200.00 shall be owed by the owner to the city and shall constitute a lien against the property until paid. 7 Item # 6 Attachment number 3 Page 8 of 27 (4) If a customer has not removed extra or nonconforming solid waste or other industrial waste, hazardous waste or noncombustible refuse within 24 hours after notification by solid waste, the director of Solid Waste/General Services RA10d te- may order such removal and all costs incurred shall be placed against the customer's utility account. (5) Failure to remove a container tagged with a warning by the Solid Waste/General Services Department 6A-de °nf^rn°m°n+/ e4d ,°, +° d° ant within the specified period of time subjects the customer to a fine of $10.00 per day, which is placed on the customer's utility bill. Repeat offenders, at the discretion of the director of Solid Waste/General Services ;A'^4°R+° may be placed on side or rear yard premium service at the appropriate fee. (6) In the event a roll-off container or waste receptacle becomes a danger or nuisance, the roll-off container or waste receptacle shall be impounded and owner given notice, if reasonably possible, and owner shall be responsible for claiming such roll-off container or waste receptacle at owner's own expense as detailed in subsection 7. (7) Roll-offs containers and/or waste receptacles located on city property and/or rights-of-way that are not registered shall be hauled to a city site and an initial fee of $300.00 and a $50.00 a day storage fee shall be assessed against the owner of such equipment. If such equipment is not recovered after thirty (30) days, after the City has gone through reasonable efforts to provide the owner notice, then such equipment may be disposed of. (8) Roll-off container and/or waste receptacle Permitee shall incur a 1% penalty charge on the total amount of remittance, as specified in Appendix A of this code and referred to in section 32.290(2)(b) of this division, for every month that the remittance is past due. Furthermore, Permitee shall incur a 1% penalty charge on the total amount of remittance for every month that the Permitee fails to provide invoice copies and monthly service reports, as required by section 32.290(2)(b). Failure to comply with the permit submission requirements may result in revocation or denial of issuance or renewal of a permit. Sec. 32.278. Service fees and charges. (1) The fact that any place of abode or any place of business is occupied shall be prima facie evidence that refuse is being produced and accumulated upon such premises and that fees for the collection and disposal thereof are due the city. (2) See Appendix A for solid waste management system deposits, fees, service charges, and rate schedules. (3) The solid waste collection and disposal charges are applicable until all municipal utilities including lawn (water) meters are disconnected. (4) For accounts payable, see section 32.066. (5) Additional service charges may be levied at the discretion of the director of Solid Waste/General Services r,A10d?v,rc,-A4;Ric. 8 Item # 6 Attachment number 3 Page 9 of 27 Sec. 32.279. Duty of property owner to supply receptacle; exception. It shall be the duty of all owners of residences, businesses, professional offices, and other commercial establishments in the city to supply each of such establishments with set+d waste receptacles ^^^+? except where furnished by the city. Sec. 32.280. Duty of property owner; precollection practices. (1) Preparation of solid waste. (a) Garbage. All garbage shall be drained of liquid and shall be wrapped or bagged in paper or plastic before being placed in any container for collection. (b) Trash. All trash shall be drained of liquid before being deposited for collection. (c) Recyclables. Recyclables shall be prepared for collection in accordance with existing policies pregraF4?. that of the city provides. as n^r+ ^f the eg-^d6n (d) Yard waste. Loose yard waste shall be placed inside a container, other than the city-issued container, approved by the city and placed f^r r^^.,^lin^ ^^II^^+i^^ at curbside, separate from other trash. Such containers shall not be filled above the rim of the container. Single articles such as palm fronds, tree branches and limbs shall be cut or broken into pieces which are less than four (4) inches in diameter and four (4) feet long and shall be stacked at curbside for FeGYGIORg collection. It shall not be the responsibility of the solid waste personnel to clean up de minimis debris resulting from standard collection. LaFgeF aFtideG ybe-sell,?ed--by sp niGk in i Innn req lost aRd appreyal by the rliro^?nr of cnlir! W;;1;to (e) Scrap metal and appliances. Scrap metal and appliances shall be placed at the curb for recycling collection separate from other trash. Freezers, refrigerators, clothes washers, clothes dryers, dishwashers or similar airtight units shall have the doors removed or secured before being placed for collection. All stand-up items shall be laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into pieces not longer than six (6) feet. (f) Crates and cardboard boxes. Crates and cardboard boxes shall be collapsed prior to being placed for collection. (g) Dangerous material. All dangerous material collected manually such as broken glass, light bulbs, and razor blades, ^^d fl, ,^r ^n+ +. ,h shall be deposited in a disposable container and placed at curbside for collection. (h) None of the above may be placed out prior to twenty-four (24) ferty eight hours in advance of a scheduled pick-up. (2) Containers. (a) Duty to provide and maintain in sanitary condition. Except in the case of containers provided by the city. all containers shall be provided by the owner, tenant, or occupant of the premises. Containers shall be maintained in good condition and 9 Item # 6 Attachment number 3 Page 10 of 27 shall be subject to inspection and approval of conditions by city code enforcement inspectors and others having jurisdiction. Routine maintenance of can{s4, carts,, and waste receptacles d i rs in a sanitary manner is the responsibility of the user. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by the customer upon written notice by the city. The director of Solid Waste/General Services °^'" - waste. shall have the authority to discontinue collection service for failure to comply. In the event of damage to a container provided by the city caused by a user of the container, the cost of repair or replacement shall be charged to the customer's account. (b) Specifications. Containers shall be made of durable plastic or metal, equipped with suitable handles and tight-fitting covers, and shall be water-tight. Except in the case of containers provided by the city, each container shall have a capacity of not more than thirty-two (32) gallons, and shall weigh not more than sixty 1601 pounds when full. (c) Commercial trash bins. No commercial trash bins or trash rooms shall be used without written permission of the director of Solid Waste/General Services se4d wee. No existing bin shall continue to be used, and no new bin shall be permitted for use, unless it is completely enclosed and watertight. (d) Commercial containers. Containers shall be of such size and shape as to be capable of being lifted and emptied into city collection vehicles. Commercial front end containers provided by the owner and used in conjunction with compactors shall first be approved by the director of Solid Waste/General Services Gelid ?^V-°+° such approval to relate to the ability of the city to service such equipment. (3) Storing of solid waste. (a) Public places. No person shall place any solid waste in any street, alley or other public place or upon any private property whether owned by such person or not, unless it is in containers for collection. No person shall place any solid waste at the curb for collection except on his or her property, and such placement shall be behind the curb or where the curb should be. Any person having a corner lot may use the side yard curb, subject to the director of Solid Waste/General Services' se4d s approval. No person shall throw or deposit any solid waste in any ditch, stream or body of water. (b) Unauthorized accumulation. Any unauthorized accumulation of solid waste on any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of solid waste following notice to the owner or tenant and a reasonable opportunity to take corrective action shall be deemed a violation of this chapter. (c) Reserved. 10 Item # 6 Attachment number 3 Page 11 of 27 (d) Commercial establishments. All commercial establishments shall secure solid waste accumulated upon the premises so as to eliminate wind-driven debris and unsightly litter conditions in and about the establishment. (e) Public parking lots. All public parking lots shall be provided with containers in sufficient quantity so that there shall be at least one container for every 50 parking spaces. This requirement shall apply to parking lots with a capacity in excess of 25 spaces. It shall be the responsibility of the owner or the manager of the parking lot to collect the material deposited in the containers and deposit the material in a container for collection. As used in this subsection the term "public parking lot" shall mean a privately owned lot open to the general public. (f) Construction sites. All construction sites shall use 40 city-approved waste receptacles trash nnn?oinorc the number of which shall be determined according to the size of the job at the discretion of the director of the building division. Construction sites shall be kept clean and orderly at all times and the building director may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary condition. Any waste receptacle used to collect refuse that is not supplied by the City shall be required to be registered with the director of Solid Waste/General Services. (4) Waste receptacles, compactors, roll-off containers and baling machines. (a) Registration. Prior to the placement of compactors, roll-off containers, waste receptacles, and baling machines such equipment shall be registered with the director of Solid Waste/General Services ;nA 4; e. (b) Storage of compacted trash. Compacted cardboard, trash or by-products thereof as described in this section which have been compacted into bales shall be stored in fireproof structures or buildings at all times unless awaiting transport to ultimate disposal. (c) Transporting compacted or roll-off trash. No person shall transport compacted trash or recyclable materials, collected within the City of Clearwater, over streets and roadways in the corporate city limits without prior registration with the director of Solid Waste/General Services r,ne. Sec. 32.281. Duty of property owner; collection practices. (1) Frequency of collection. (a) Residential and small businesses. Solid waste accumulated by residences and small businesses shall be collected twice each week on regularly scheduled days except Saturdays, Sundays and holidays. (b) Commercial. Motels, hotels, restaurants, supermarkets, hospitals, schools and other establishments may have daily collection services to fit their respective needs at the regular rates charged. +h°?e. Where necessary to protect the public health, the director of Solid Waste/General Services setid wee or an authorized health department official may require more frequent collections. 11 Item # 6 Attachment number 3 Page 12 of 27 (c) Special collections. Restaurants and all other establishments having putrescible waste `4PMhinh hoc -on nff°nsi?iYo ed nr nr Will n nnstiti ito Q- ni iisoQnn° may -shall be GTT,TTG,TGTTJT? ?TGfJ,-,?i - collected, at minimum, once a week. If the waste becomes offensive in odor or becomes a nuisance, it shall be collected as often as deemed necessary to address the offensive odor or nuisance, at the discretion of aRd u pen the a evalef the director of Solid Waste/General Services ,M°srto All waste receptacles within the city limits that contain putrescible refuse shall, at the discretion of the Solid Waste/General Services Director, be required to have a minimum of one collection per week. (2) Collection locations. (a) Curbside icku 1.2 (G) Side eF neaF . Solid waste containers shall be placed for collection on the ground at the curbline, immediately in front of and contiguous to owner's property and at least ten (10) feet away from any permanent structure or vehicle and cannot obstruct pedestrian passage. Solid waste containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and shall be accessible without entering into a building or shelter of any type. Exceptions may be granted with the approval of the director of Solid Waste/General Service ;^A 4; tP. (b) Handicapped and elderly. Any person who has been certified by a physician as being unable to place a solid waste container at the curb shall be entitled to have the solid waste collected at the side or rear of the building at no extra charge. u Side or rear yard premium servic2 "??ik# g ^^#^^6G14. A fee as stated in ADDendix A will be charaed to customers who wish to have the containers pulled out and placed back for them by solid waste personnel. Selod waste nr+nt?inors shall h^ placed f^r G-911^ntiAR at ^r^6 1Rd I^-V^1 ^n the Pr^P^rt y n^t YVith in the right _nf_way of o street nr alley, anolear--rUP-sRsihlo ?.Mithni it P-At°rin^ into o b iildin^ ^r shelter ^f aR y type Ne selir! e sh-all be rVellen4^d unless r-Aptain^ro are readily aGGeSSible by selid waste perst9pn°I ?.Mithni it i RIAGkin^ o deep gate -G ether AhstAnl^ ITGePti^51GRG the-Fetem_ay be appi:eved in ?eiritin^ by the ?M_;;Gte nded that on additinnol payment fnr the extra sa a is agreed i In^n hi both parties (3) Container placement and removal. (a) Residential refuse and/or recycling containers and yard waste placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department sed'^ ^^f^r^^m^r,tls^4d wast^ d° eRt with a warning. Second violators will be subject to a fine of $10.00 per day, which will be placed on the customer's utility bill. Repeat offenders will be placed on side or rear yard premium service at the stipulated rate. 12 Item # 6 Attachment number 3 Page 13 of 27 (4) Eviction/Move Out Refuse. The property owner shall be responsible for time and material charges as stated in Appendix A for any refuse clean up resulting from an eviction or move out. Sec. 32.282. Yard waste/bulk collections. (1) It is the responsibility of all tree surgeons, nurseries, lawn care services and landscaping contractors, or any individual or company doing work on private property, to remove from the premises all residue and rubbish resulting from said work. Failure to comply will result in a fine in the amount of not less than the existing cost for removal plus an administrative fee not to exceed $200.00, for the first infraction. A second infraction may result in the loss of the occupational license. (2) All white goods' doors must be removed or secured before being set out for collection. (3) Items for collection should be placed out no earlier than 24 49 hours in advance of a scheduled pick-up and should not present a health or safety hazard to the general public. ********** Sec. 32.284. Waste receptacle D er enclosures/storage of containers. (1) Enclosure required. (a) Customers who receive containerized service and who are not subject to the requirements of paragraph 5 subsection (b) of this section shall meet the following requirements with respect to waste receptacle Dumpste enclosures. (b) The enclosure will be constructed and maintained in such a manner as to ensure that the waste receptacle n is not visible from ground level. (c) The enclosure shall have a gate that is of sufficient width so that the waste receptacle ?2r is easily accessible by a front-end loading refuse collection truck. Said truck requires 12 feet of unobstructed access. (d) The base of the enclosure shall contain a six-inch-thick reinforced concrete pad of a size suitable for the waste receptacle Dumpste in use at that location. (2) Those customers whose site receives containerized service and whose use of or improvement to the service site requires site plan approval or approval of minor change of use, shall also comply with the rules and regulations regarding enclosure dimensions, materials, location, and other physical attributes, as may be promulgated and amended from time to time by the director of Solid Waste/General Services Selig WARt (3) Every rnn+°in°ri_customer who receives containerized service shall assume all risk and shall indemnify, defend, and save harmless the City of Clearwater from and against all loss, damage, cost or expense for the enclosure which is not due to the negligence of the City of Clearwater. 13 Item # 6 Attachment number 3 Page 14 of 27 (4) No final building inspection shall be undertaken nor certificate of occupancy issued for any site which has not complied with the enclosure requirements contained in this section. (a) Any residential customer obtaining service for any multiple-family residence, and who is not otherwise subject to the requirements of section 32.321, shall provide an enclosure for recycling containers. These recycling enclosures shall be located so that the recycling containers are easily accessible by the residents, and by the refuse collectors, using front-end rearleadiig vehicles. The enclosures shall be constructed so that the recycling containers are not visible from any public right-of-way. In addition, the director of Solid Waste/General Services s^'ip. or designee shall have the authority to review the proposed location and construction of such enclosures to ensure that they meet the criteria of this section, and also to ensure that any applicable building and safety code provisions are complied with. (5) The Solid Waste/General Services °^'?vrra- V_;;Gte director shall have the authority to waive some or all requirements of this section, except those relating to accessibility and location, in those cases in which the customer demonstrates that: (a) The waste receptacle Dumpste or recycling container would not be visible at ground level from any adjacent right-of-way or property, due to the existences of walls, fences, or other screening on site in compliance with this Code; or (b) Enforcement of this section would result in extreme hardship. (6) All enclosures are required to be constructed in accordance with the City of Clearwater specifications. (7) Placement of containers. Subscribers or private collectors authorized to provide services under this article shall not place any container or receptacle for solid waste or recycling outside of any building or structure without first having obtained permission from the City approving location of such container. Sec. 32.285. Collection and disposal by commercial establishments, private individuals and outside collectors. (1) Requirement for vehicles. All transported refuse shall be containerized or tarped, and vehicles used for hauling shall be licensed by the city and approved by the director of c,-"w'Rte. The actual producers of solid waste or the Solid Waste/General Services R v ^' " owners of premises upon which solid waste is accumulated who desire personally to collect and dispose of such solid waste, persons who desire to dispose of waste material not included in the definition of solid waste and solid waste collectors from outside of the city who desire to haul solid waste over the streets of the city, shall use a water-tight vehicle provided with a tight cover and shall operate the vehicle so as to prevent offensive odors escaping +"?, , rem and materials from being blown, dropped or spilled. (2) Rules and regulations. The director of Solid Waste/General Services °^'"-w;;S;tP shall have the authority to adopt reasonable and necessary regulations concerning private collection and disposal and the hauling of solid waste over city streets by outside collectors. 14 Item # 6 Attachment number 3 Page 15 of 27 ********** DIVISION 2. PERMIT FOR ROLL-OFF CONTAINER AND/OR WASTE RECEPTACLE SERVICE Sec. 32.288. Required. nnntoinorc ?.Uhothor installed permanently nr temnnrarily within the pity. Pursuant to section 32.272(1), it shall be unlawful for any party, other than the City, to engage in the business of collecting, removing, or disposing of construction or demolition debris and commercial or industrial waste. However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purpose mentioned in this section shall be required to procure a permit to legally continue such business activity without penalty, and hereinafter be known as Permitee, only under the following conditions: (1) yearly application of an already existing permit, so long as Permitee has adhered by all the permit application requirements in section 32.289, (2) a permit may be issued when, pursuant to section 32.293(3), the City first determines that it is unable or unwilling to collect, remove or dispose of a particular type or volume of refuse, or (3) when such sole proprietor or corporate entity only services individual trailers or other similar rubber tire vehicles that are no larger than fifteen (15) cubic yards. Sec. 32.289. Application. Every sole proprietor or corporate entity PeFSGR required to procure the permit for roll- off container, or waste receptacle service provided for in section 32.288 shall submit an application for such permit to the city manager or designee. The application shall: (1) Be a written statement upon forms provided by the City. Such application form shall include an affidavit to be sworn to by the applicant before a notary public of the state. (2) Require the disclosure of all information necessary in compliance with this division. (3) Be accompanied by a permit fee in the amount set out in appendix A to this Code. (4) Be submitted to the city manager or designee together with all pertinent information required in this division, in order that a determination can be made by the city manager or designee. ( e h r aiRSt the applicant aRd °nnrd of All Arrests and GAP ii GtOGRs a t aFtReFeffiGer nr ever g ter of the plinant fnr yinlatinnc of aR and all la?nic a direr y p y -- nrr-inann°° uof the nit y, G9 int y, state ter forloral gGYernmrrrocn4 ccrcrar-vvcm rrc. 1§1{6}Contain the names of employees responsible for the operation of applicant's business, meaning those who will manage, administer and supervise the business under the permit when issued. ?p^I, „ding the -W UAt Gf eYFeFieRGe PGG$eGGed b a^cvprhr 15 Item # 6 Attachment number 3 Page 16 of 27 exer-, itderBatF??nai rasahmmpit cv o honLnrni inr! inVectigotinn nhntnnruna finnernrin?c Mq-}Contain the following additional information: (a) Number, type and size of waste collection vehicles in use; (b) Number of employees assigned to each waste collection vehicle; (c) Name and location of every establishment in the city, including short-term construction sites, where roll-off containers or waste receptacles are placed and serviced by the applicant. (7) Be accompanied by copies of all contracts or options for the servicing or placing of roll-off containers or waste receptacles within the City of Clearwater. For permitting purposes only, the City shall honor existing private servicing contracts for the remainder of the contract term or for five (5) years from the date of execution, whichever is shorter, provided that such contract or option was in effect on or before June 4, 2009. If the applicant is unable to provide copies of contracts or options, as required by this section, applicant shall be ineligible to obtain a permit. (8) Disclose all previous business names, current subsidiaries, parent companies or any successors. Sec. 32.290. Prerequisites to issuance. In determining whether eF-Ret a permit for the placement or servicing of a roll-off container or waste receptacle should be issued, the city manager or designee shall consider and base 4s the decision on the following: (1) A review of the material submitted pursuant to section 32.289; (2) A review of °II nenyintienc of the appJiGaRt #hP-AnPGA A the applicant sf jbseq ien4 +e releAoe• (3) The IiGenoe histeFy of eanh applicant' (2) 04The certificate of approval of the city manager or designee to the effect that the applicant has satisfied the following: (a) The adequacy of the equipment to be used, as used in this subsection, adeauacv of eauiament shall mean that the roll-off container and/or waste receptacle does not present a danger or nuisance, is structurally sound, and has markings identifying the current owner of such equipment, such markinas shall include the sole Droarietor or coraorate entitv name. Dhone number, and container number; (b) The applicant has agreed to remit to the city each month a fee of 15% of the monthly gross revenue billed by Permitee, as set out in Appendix A to this Code, accompanying the remittance, the Permitee shall supply invoice copies 16 Item # 6 Attachment number 3 Page 17 of 27 corroborating the monthly gross revenue derived from servicing locations within the City of Clearwater. apd the annli^an+ has agreed +° furnish a d pli^o+° GGn„ of the annli^an+"s mnn+hly billing; Moreover, a Permitee shall also provide to the director of Solid Waste/General Services a monthly report identifying collections made within the City, together with the appropriate service addresses for such collections. The report, remittance, and invoice copies are due no later than the last business day of the following month; (c) The applicant has agreed to make all books and records applicable to the business conducted under the permit required by section 32.288 available to the city for inspection and audit; (d) The applicant has provided a copy of a certificate of insurance demonstrating that the applicant's employees performing work pursuant to the permit are covered by workers' compensation insurance. ********** Sec. 32.292. Liability insurance. The holder of a permit for roll-off container and/or waste receptacle service issued pursuant to this division shall maintain in effect at all times public liability insurance in the minimum amounts of $500,000.00 single limit for personal injuries arising out of one occurrence and $100,000.00 property damage, and shall furnish the city a certificate evidencing such insurance. The city shall be named as an additional insured under such insurance. The permit holder shall furnish a certificate of insurance demonstrating compliance with the requirements of this section. Sec. 32.293. Roll-off and/or waste receptacle permit application, Ttermination, denial rep nj-C,-,yaT (1) All permits for roll-off container and/or waste receptacle service issued pursuant to this division shall be valid for not more than one year and shall terminate on December 31St SeptembeF of each year. Regardless of date of issuance, issuance fee shall be the full amount as stated in Appendix A. (2) Applicants Ea^h permit hnlr!°r shall complete eke a written application for reAPWAl on forms provided by the city manager or designee on or before January 1 of each calendar year. The application shall be accompanied by the fee as stated in Appendix A. ?"Vhlrvrrtv rTe-Re al appli^a+ieR shall update the infr-rma+ieR r FGVided by the (3)(4) No permits required by this division shall be Teeewed, and Re ReW P Permit shall h° issued to any sole proprietor or corporate entity PeFGGR unless the city manager or designee determines that the city is unable or unwilling to collect, remove or dispose of a particular type or volume of thaA refuse.r-ertairt fie, r, ^ -At;er 17 Item # 6 Attachment number 3 Page 18 of 27 14j{5} Such permit may be terminated or denied by the city manager but only after the procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a flew permit Ar A'shall be to the city council. ^nmmiccinn {64 The granting Ar reAPWA' of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. (6) No permit shall be issued to any applicant who is delinquent in remittance of franchise fees, penalties, or interest. (7) The permit issued to the applicant shall not be transferable. (8) No permit shall be issued after all Permitee's contracts or options to service or place roll-off containers and/or waste receptacles within the City of Clearwater have terminated or such contracts cease to be enforceable. Sec. 32.294. Revocation or suspension. The city manager or designee, after affording the permitee helder of ° permit for roll-off container or waste receptacle service notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any application nr applicatinn fn-.r repe. ?l or on any submittal required by this division by the permitee permit hnldar, agent or employee, revoke the permit in its entirety, suspend the permit for a stated period of time, place the permitee permit held r on probation, or place other conditions thereon as the city manager or designee finds necessary. Sec. 32.295. Rates. Rates for roll-off container and or waste receptacle service are listed in Appendix A - Schedule of Fees, Rates and Charges, Section XXV, Public Works Utility Fees, Rates and Charges. Sec. 32.296. Prohibition. No hazardous or medical waste shall be placed in City of Clearwater roll-off containers and/or waste receptacles Hazardous and/or medical waste shall be disposed of by authorized contractors in compliance with federal, state and local laws and regulations. DIVISION 3. RECOVERED MATERIALS DEALERS* Sec. 32.311. Required. (1)A;ie.r FebruaFy 1, 1994 A recovered materials dealer shall provide to the Solid Waste/General Services SA-lid- ?Naste director of vr the-vrty a copy of the certification required by F.S. § 403.7046, prior to engaging in business within the city. In addition, a recovered materials dealer shall register with the Solid Waste/General Services sG4d waste director of the-Gity prior to engaging in business within the city. 18 Item # 6 Attachment number 3 Page 19 of 27 (2) Recovered materials generated at commercial establishments within the city shall be source-separated at the premises of the commercial establishment. Sec. 32.312. Prohibition. (1) Any person,, sole proprietor or corporate entity not certified under F.S. § 403.7046, as required is expressly prohibited from doing business as a recovered materials dealer within the city. (2) The city expressly reserves the right to provide for the exclusive collection, transportation and processing of recovered materials from single-family or multi family residential properties or to enter into an exclusive franchise for such services to these properties, or any combination thereof, at the option of the city. (3) Certified recovered materials dealers are limited to providing service to commercial establishments only. (4) Only recovered materials may be removed from the commercial solid waste stream. Sec. 32.313. Recovered Materials Dealer registration, termination, denial. Every sole proprietor PeFSGR or corporate entity hauling, collecting, receiving, and/or processing recovered materials shall be required to register as a recovered materials dealer shall register with the director of Solid Waste/General Services. Celid ,.,rite The registration shall: (1) Include a completed written registration on the forms provided by the city manager or designee on or before October 1 of each year. _RP_ a aver ccrt 6t_AtP_.M.eRt 61PG ' forms rrg.,iled by the G#y. Such registration forms shall include an affidavit to be sworn to by the registrant before a notary public. Regardless of issuance date, issuance fee shall be the full amount as stated in Appendix A. (21) Req ii the rli a rr?nf-Al' inft9rmatiG9A nenessar" in Gemplianne ?n,ith this . (2) (3) Be accompanied by a registration fee in the amount set out in Appendix A to this Code. (4) Be si ihmi++ed try the nit" manager by the dirontAr of snli,^I Waste together with all Pertinent infnrmatinn req firer! in this di?,isinn in order that a determination non he made by the nit" manager (3) {5} Contain the name of the dealer, including the owner or operator of the dealer, its general and limited partners if a partnership, its corporate officers and directors if a corporation, its permanent place of business, evidence of certification under F.S. §403.7046, and a certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of F.S. §403.7046. 19 Item # 6 Attachment number 3 Page 20 of 27 (4) Registration may be terminated or denied by the director of Solid Waste/General Services upon compliance with the procedure set forth in section 29.41 (2). (5) Registration pursuant to this division shall not be construed as a grant of a franchise or vested interest. (6) Registration shall not be transferable. Sec. 32.314. Reporting. Each certified recovered materials dealer registered with the city shall provide to the director of Solid Waste/General Services Celia-te a quarterly report identifying the types and tonnages of recovered materials from the City of Clearwater that were collected, recycled, or used during the reporting period; the approximate percentage of recovered materials reused, stored or delivered to a recovered materials processing facility or disposed of in the solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste. Each quarterly report shall be due not later than the last business day of the month following the end of each calendar quarter. rei•. 32.31655. Tnrr?ir»? ??r. denial, r ra?nnee aGTI Ci YY'CTl Se G. y-Wid fn-.r net mere than ene year, Oecd Shall terminate nn flonomhor'21 oVf each-year I,TC GTTl7GTVTr- pF9Vided by the dFetin4ver Vof Svelid waste w aPVerLS en ver h re OGtAh?f ceanh nalcenrlar ?-vv-rcrc--py--S-r?mvrTrc?.. rrc??rTa arvn crvrr-vcrrr?rcrr year, whiGh appliGatiGR shall update the ipfermatiGR previded by the rlirentnr of Snlir! ?nierLS i pen nemnlianne ?.Mi+h the nren a set ferth in Sentien 29 41(2). Sec. 32.3156. Revocation or suspension. The city manager or designee, after affording the registrant notice of the charges and an opportunity to be heard with respect with to any revocation proceedings, may, if the city manager finds this article to have been violated or that false statements were made on any report, application er annlinatien fnr renenial or on any submittal required by this division by the applicant, agent or employee, revoke the registration in its entirety, suspend the registration for a stated period of time, place the registrant on probation or place other conditions thereon as the city manager or designee finds necessary. 20 Item # 6 Attachment number 3 Page 21 of 27 DIVISION 4. RECYCLING BY CITY Sec. 32.320. Curbside. (1) Curbside recycling shall be provided made available to residential, office, and hotel/motel units which are served by rearloader or sideloader solid waste collection and a fee shall be assessed in the amount set out in Appendix A to this Code. (2) Curbside recycling collection will be once weekly. A recycling container will be furnished by the city along with instructional materials providing the necessary information for proper participation to include the designation of the collection day. (3) Curbside recycling containers placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure by 7:00 a.m. of the following day. Any container not removed will be tagged by the Solid Waste/General Services Department r-Ade en#eree a se'i,? e depar+'' eRt with a warning. Repeat violators will be subject to a fine in the amount set forth in section 32.281(3)(a), which will be placed on the customer's utility bill. Sec. 32.321. Multi family recycling. Multi family recycling shall be provided eiill be nff^r^,? to complexes within the city. The nrnnrom niill be phased OR by ho rC)"d WAste department (1) A #?e-fee shall be assessed in the amount set out in sr__hed Flo fn-.r m, iltifomi y r^^y^lin^ Will be pFeyi' e Appendix A to this Code. (2) Multi family recycling may be will he tailored to the needs of each complex and is 4 be integrated into a full-service solid waste management program. (3) Repeated contamination of the recyclable materials collected by the Solid Waste/General Services Department will result in a resection of service, and the recipient of said service shall still be responsible for paving all applicable fees as stated in Appendix A to this code. Sec. 32.322. Commercial recycling. Commercial recycling may wi 4 be provided by the Ssolid Wwaste/General Services Ddepartment in competition with certified recovered materials dealers registered with the city. The Solid Waste/ General Services Ddepartment °^'id- ?^4^°+^ will provide customized recycling service to commercial establishments tailored to the needs of the establishment and integrated into a total solid waste management program. Commercial recycling base rates will be set out in Appendix A to this Code, and such base rates may be amended from time to time by resolution adopted by the city council ^^mmi°°inr, The city manager or designee may adjust the rates upwards or downwards in order to be cost-competitive Gempete eff^ with private recovered materials dealers operating within the city. ********** 21 Item # 6 Attachment number 3 Page 22 of 27 Section 2. Appendix A, Article XXV Public Works - Fees, Rates and Charges is hereby amended as follows: (c) Solid waste collection rates. ********** 1. Monthly charges for twice-weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: One 90-gallon container will be provided for automated service for each living unit. Additional 90-gallon containers will be provided at the discretion of the director of Solid Waste/General Services ';^'id WARte at the rate specified below. Where routes are automated, automated service shall be the only option. TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 Each living unit, $21.48 $22.55 $23.68 $24.86 $26.10 minimum Each additional 21 48 22 55 23 68 24 86 26 10 container . . . . . (ii) Side or rear yard premium service : Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons. For each additional 32-gallon or smaller container for side or rear yard premium service gip, the fee specified below will be charged. fe-r side „r roar yard pre. im car„ino of oonh 32 gaIlnn nPAAt;;Mnor ICT. TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 Each living unit $42.96 $45.10 $47.36 $49.72 $52.20 Each additional 14 99 15 74 16 53 17 36 18 23 container . . . . . (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 Each account, $7.14 $7.50 $7.88 $8.28 $8.70 minimum (iv) Service outside of the municipal limits. Accounts outside the City limits shall be assessed 125% of the citv's monthly charaes for curbside service for twice-weekly collection for each unit. b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum 22 Item # 6 Attachment number 3 Page 23 of 27 TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $21.48 $22.55 $23.68 $24.86 $26.10 All additional living units, per unit TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $11.25 $11.82 $12.41 $13.03 $13.68 (ii) Side or rear yard premium service bumldmRg . First living unit, minimum TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $42.96 $45.10 $47.36 $49.72 $52.20 All additional living units, per unit TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $21.48 $22.55 $23.68 $24.86 $26.10 c. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (3)(c)2.a. of this section. d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. (i) Curbside pickup, minimum TABLE INSET: Effective 10/1/2007 10/1/2008 10/1/2009 10/1/2010 10/1/2011 $21.48 $22.55 $23.68 $24.86 $26.10 (ii) Side or rear yard premium service Two containers, minimum TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $42.96 $45.10 $47.36 $49.72 $52.20 Each additional container TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $14.99 $15.74 $16.53 $17.36 $18.23 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this section. 23 Item # 6 Attachment number 3 Page 24 of 27 e. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: First eight containers TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $89.88 $94.38 $99.10 $104.06 $109.26 Each container in excess of eight TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $13.19 $13.85 $14.55 $15.28 $16.05 (ii) Side or rear yard premium service . First eight containers TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $179.76 $188.76 $198.20 $208.12 $218.52 Each container in excess of eight TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $26.36 $27.68 $29.06 $30.51 $32.04 (iii) Commercial containers: In accordance with the schedule this section. 2. Monthly charges for daily commercial (except Saturday, for solid waste in prescribed containers. a. Curbside pickup: (i) One container, minimum TABLE INSET: in subparagraph (3)(c)2.c. of Sunday and holidays) collection Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $56.19 $59.00 $61.95 $65.05 $68.30 (ii) Each additional container TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 10/1/2007 $56.19 $59.00 $61.95 $65.05 $68.30 b. Side or rear yard premium service . (i) One container, minimum ********** 24 Item # 6 Attachment number 3 Page 25 of 27 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of Solid Waste/General Services Ce'i-WARte and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city council ^emmissien- upon the recommendation of the city manager. 5. Each sinale-familv or multi-familv dwellina customer will be allowed uD to 4 (four additional complimentary yard waste pick-ups beyond the once-weekly yard waste collection implicit in 32.281(1)(a), per 12-month period providing the combined yardage of the 4 (four) Dick-uas does not exceed a total of 40 (fortv) cubic vards durina that 12 month period. 6. Waste receptacles excluding residential refuse containers shall be eligible for two cleanings per year at no charge. Any subsequent cleaning shall incur a $100.00 per waste receptacle charge. (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) ... $57.50 2. Curbside recycling: a. Monthly charges for curbside service for once-weekly collection for each unit: TABLE INSET: Fiscal Year Beginning October 1, 2007 2008 1 2009 2010 2011 $2.01 $2.07 1 $2.13 $2.19 $2.44 b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.15 (effective 10/1/2007) handling charge per bin (one- time charge per delivery). E. Charge fer a ni irhside reGyGline biR shall be, st ply is $1.15 (effentiye. I n11 /2007) haRdlinn nharee LcL,d. Special collection of recyclables where city services a bin at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge. u--9. Service outside of the municipal limits. Accounts outside the City limits shall be have 110% of a ten nernent si irnharge assessod ever and ohnie the city's monthly charges for curbside service for once weekly collection for each unit. 3. Monthly charges for multi family collection of prescribed service initiated before January 1, 1996: a. Service with semi-automated carts: Multi family complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard Ddumpster. 4. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: TABLE INSET: Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011 25 Item # 6 10/1/2007 $1.49 $1.54 $1.59 $1.64 $1.82 Attachment number 3 Page 26 of 27 Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for service offered after June 1, 1996, will commence in the appropriate billing cycle of the month following. 5. Monthly charges for commercial collection represents the target level of commercial recycling from which the Solid Waste/General Services Department o^lid waste divisiep will flex up or down to be cost-competitive with certified recovered materials dealers (private recycling companies) operating within Clearwater. a. The target level charge for service with semi-automated carts shall be charged on the same basis as rates included in 3.a. b. The target level charge for service with non-compacted commercial containers shall be the same as rates included in 3.b. above. (5) Other miscellaneous charges: ********** (b) Solid waste roll-off container or waste receptacle service. (i) Private service fees. 1. Permit fee to place or service roll-off containers or waste receptacles (§ 32.292(3)), (effective 10/1/2007) ................................................. $56.50 2. Monthly fee of 15 percent of the gross revenue billed by permit held r Permitee for #GM the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month in^', diRg r^"-nff nnntoinorc installed permanently or aPA temporarily. For the purposes of this section gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. (§ 32.293(4)(b)). (ii) Public service fees. 1. Monthly fee of 15 percent of the gross revenue billed by peFmit hr ld&F the City for #9+;4 the installation, pull, disposal or any servicing of roll-off containers or waste receptacles within the city for the preceding month in^', „ding Fell A-ff nr_n+_Ain°r° installed permanently or ap,d temporarily. For the purposes of this section, gross revenues shall include but not be limited to fuel surcharge, overweight or any other charges excluding penalty and/or late charges. 2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or waste receptacle one round trip: In the City of Clearwater ********** 3. Deposits. a. Roll-off container/and or waste receptaclesempaster. A $400.00 deposit will be charged for each roll-off and/or waste receptacle sempaster. Open t9p nrBn4-Ainor. Z $400.00 depe°i+ will be nhaFged fGF GpeR t9p rr-ll Gff nrn4?inoro Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. 26 Item # 6 Attachment number 3 Page 27 of 27 bs. The initial deposit may be set at less than the normal two-month level upon determination of being in business for two years or more or otherwise providing satisfactory credit worthiness and by executing a special deposit/payment agreement approved by the director of Solid Waste/General Services which provides for a more rapid payment schedule than normal. 4. Billing. Roll-off containers and/or waste receptacle service will be billed for a combination of the pull charge, disposal fee and any other e?4-eft services rendered. 5. Other service charges. a. Rental. A $3.40 (effective 10/1/2007) per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. b. Rinse and deodorize (effective 10/1/2007) .............................. $24.57 c. Overload charge for any container loaded above the rim (effective 10/1/2007) ...$56.50 d. Damage. Damage to container will be assessed at actual cost of repair. e. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. f. Malfunction. Containers that are damaged and/or not maintained properly and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. After repair, a second pull charge will be assessed for the pull along disposal fee and other appropriate charges. g. Premium service. Any roll-off container or waste receptacle service required after duty hours or on weekends or holidays where overtime must be paid will be billed to the customer at time and one-half or 150 percent of the established charge. h. Placement or retrieval. A $56.50 (effective 10/1/2007) charge will be assessed for the placement or retrieval of a container requested and not used or returned without an associated pull charge. i. Lease and service rates. Lease and service rates for compactors will be based upon the size, type and installation requirements of the compactor as determined by the director of Solid Waste/General Services 6^'"j ?^4OC+° 6. Charges for roll-off container or waste receptacle service represents the target level of charges for the services rendered from which the Ssolid Wwaste/General Services Ddepartment will flex up or down to be cost-competitive effcTfer-tiP'e while providing the most economical service to customers. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 27 Item # 6 ?::: ??. -, 1 ?_ ?+' ww?11 ?`' fi`I?. ?" 1' \b)i? ???114 ? ??n' y-- 17,- r V J '? U it ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8023-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue from Residential/Office General (R/OG) to Institutional (I). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8023-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BAY AVENUE AT THE WESTERN TERMINUS OF PINELLAS STREET, CONSISTING OF LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 303 PINELLAS STREET, TOGETHER WITH VACATED RIGHT-OF-WAY OF PINELLAS STREET; CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF PINELLAS STREET APPROXIMATELY 100 FEET WEST OF REYNOLDS AVENUE, CONSISTING OF LOTS 22, 23 AND 24, C. PERRY SNELL'S BLUFF VIEW COURT AND THE EAST 40 FEET OF LOTS 16 AND 18, C. PERRY SNELL'S BLUFF VIEW COURT, WHOSE POST OFFICE ADDRESS IS 323 JEFFORDS STREET AND 300 PINELLAS STREET, TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER STREET AND BAY AVENUE; AND CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE APPROXIMATELY 190 FEET NORTH OF PINELLAS STREET, CONSISTING OF LOT 8, S. J. REYNOLDS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS AN UNADDRESSED PARCEL ON REYNOLDS AVENUE, FROM RESIDENTIAL/OFFICE GENERAL (R/OG) TO INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, 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 as follows: Property Legal description attached hereto (LUZ2008-11003) Land Use Categorv From: Residential/Office General (R/OG) To: Institutional (1) 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Futt?reemaDdT Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8023-09 Attachment number 1 Page 2 of 2 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 # 7 2 Ordinance No. 8023-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 323 Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain property located on the east side of Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address is an unaddressed parcel on Reynolds Avenue, from Office (0) to Institutional (I). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8024-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF BAY AVENUE AT THE WESTERN TERMINUS OF PINELLAS STREET, CONSISTING OF LOTS 1, 2 AND 17, BLOCK B, WESTOVER SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 303 PINELLAS STREET, TOGETHER WITH VACATED RIGHT-OF-WAY OF PINELLAS STREET; CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF PINELLAS STREET APPROXIMATELY 100 FEET WEST OF REYNOLDS AVENUE, CONSISTING OF LOTS 227 23 AND 24, C. PERRY SNELL'S BLUFF VIEW COURT AND THE EAST 40 FEET OF LOTS 16 AND 18, C. PERRY SNELL'S BLUFF VIEW COURT, WHOSE POST OFFICE ADDRESS IS 323 JEFFORDS STREET AND 300 PINELLAS STREET, TOGETHER WITH VACATED RIGHT-OF-WAY OF SADLER STREET AND BAY AVENUE; AND CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF REYNOLDS AVENUE APPROXIMATELY 190 FEET NORTH OF PINELLAS STREET, CONSISTING OF LOT 87 S. J. REYNOLDS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS AN UNADDRESSED PARCEL ON REYNOLDS AVENUE, FROM OFFICE (O) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District Legal description attached hereto From: Office (O) (LUZ2008-11003) To: Institutional (1) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8038-09 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Item # 8 Ordinance No. 8024-09 Attachment number 1 Page 2 of 2 Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 8024-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8028-09 on second reading, making amendments to the Community Development Code to further the consistency between the Community Development Code and the City's Comprehensive Plan by implementing public school concurrency. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 9 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. #0®8-09 Attachment number 1 Page 2 of 9 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 Co ********** -2- OrdinaniteM. #0®8-09 Attachment number 1 Page 3 of 9 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 28 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 years 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 concurrence 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 concurrence service area in accordance with the Public School Interlocal Agreement for public school facilities in Pinellas Countv. 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. #098-09 Attachment number 1 Page 4 of 9 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 concurrencv 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. #0®8-09 Attachment number 1 Page 5 of 9 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 anv. ii. Acceptable forms of proportionate fair-share contribution include the following: (A) Contribution of land; (B) The construction of a public school facility; (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. #098-09 Attachment number 1 Page 6 of 9 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 mitiaation aareement 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 through 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. #O®8-09 Attachment number 1 Page 7 of 9 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. #0®8-09 Attachment number 1 Page 8 of 9 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. I iVinn aboard (a beat) means the --ice Af hot;vYh2FG?1r? eri Brie OF merc e n r rezanr wiTCCiTCcide hether tcem rl/1ra FiIy OF pcerm-anentrTCrizl m?cToC-v-i?perrv9rrrv-??ri ri?rc?r? 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 Chaoter 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 Concurrence Service Area. -8- OrdinaniteM. #O®8-09 Attachment number 1 Page 9 of 9 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. #O®8-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8042-09 on second reading, making amendments to the sidewalk or outdoor cafe sections of the Community Development Code. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 13 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 go1®J42-09 Attachment number 1 Page 2 of 13 -2- OrdifteM go1®J42-09 Attachment number 1 Page 3 of 13 -3- OrdifteM go1®J42-09 Attachment number 1 Page 4 of 13 shall apply fed girl Fe- () rsmd ,aIL safe OR P61hlin Fi ht e#wa -",- y g c e + III ho ' erate wi+hip the right r` rr $ it o +r` ? ? p cTn rc o- v p all ho +ransferahle enh, With the Prier the eRnit n dRF Al d I zv written P r l - . aPPrrv,al of the nit" manager er his/her designee agr ner?t gra P+ h Rder /7\ use of aR the ne i?t held!er ec ; eeG t e y ? , ? ?? n Tr , T„ma eRdcave and- held! harmless the nits its effiGers imp nifv de ? agents t 0 0 0 0 aR liabilit dla ees frem any and! all Giaims dl em laws U' its lo m ag es y, c , , a r rc ? p y R eedlSe Of an+.G Whinh ma" arise ise of the eiwt of the - m agc i . . - - s+c4e ,al The Rr Shall epter it+ itteRa Feeme eFRg;t h9ld h pt ;A;Mt P - g a nifid•a+inn Ci IGh agre,eMept the Gi as - c tGeViaR Av°- - d--?r - m , t have r r y ti li r r r rr - the ?n,ri++eP appFeyal of the Git" atkwRe" r?rier to iss''a Pd•e of a Pe h e9ld-R arid! maiRtaiR dl6lriRg the fer - Shall f6lFRiGh ( ) The eRnit a - rmit i fe 0 ? - ' 3 _p , p y the Permit With the Gity• eR I liabilit (a) GGFn FehegS+ve iRS6IF ;;RG R OR p g y - -- - 000 d•emhiPedl hasis iP aP ameuPt pet less thaP $500 single 0 limit hed lih , iN ir y dla m age liahili+v and! Pro Pert y liabilit - T d•i+v - he va y ury y uar rta9c rmTrpn?rrj? ?rr?rrrc? y vrcY -4- OrdifteM go1®J42-09 Attachment number 1 Page 5 of 13 -5- OrdifteM go1®J42-09 Attachment number 1 Page 6 of 13 -6- OrdifteM go1®J42-09 Attachment number 1 Page 7 of 13 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-wav"'°A•,?.,-q r a a ks. A. Applicability. (i.) A restaurant or (ii.) 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. 1. 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. -7- OrdifteM go1®J42-09 Attachment number 1 Page 8 of 13 2. A minimum of one unobstructed pedestrian path at least five 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. -8- OrdifteM go1®J42-09 Attachment number 1 Page 9 of 13 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 anv such furnishinas. 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 15 days following mailing of the notice if not appealed as provided in Section 4-501A. 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 3-9119.Color. -9- OrdifteM go1®J42-09 Attachment number 1 Page 10 of 13 *********** Section 3-9124. Underground utilities. *********** Section 3-913-2. Outdoor display/storage. *********** Section 3-9143. General standards for Level One and Level Two approvals. *********** Section 3-9154. Stormwater detention facilities. *********** Section 3-9166. Uses involving vehicles. *********** Section 3-9176. Vending machines. *********** Section 3-918-7. Maintenance in accordance with approved plans. *********** Section 3-9196. Prima facie evidence of certain uses in residential zoning district. *********** Section 3-92046. 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: *********** -10- OrdifteM go1®J42-09 Attachment number 1 Page 11 of 13 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 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 cafe. 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. -11- OrdifteM go1 0J42-09 Attachment number 1 Page 12 of 13 *********** (i) Outdoor Cafe Permit (applicable only if located within public right(s)-of-way)... $50.00 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 outdoorgMd?.1k cafe permit issued under the provisions of ses++' - 201 G. of the Community I ;;Ad 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 outdoors,0?'?, :k cafe on the public right(s)-of-way&?d?. where the -12- OrdifteM go1®J42-09 Attachment number 1 Page 13 of 13 outdoors0d k cafe is permitted under the provisions of section 3-90929 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. 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 -13- OrdifteM go1®J42-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8050-09 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 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 # 11 Ordinance No. 8050-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8051-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 12 Ordinance No. 8051-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1935 Old Coachman Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 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 # 13 Ordinance No. 8052-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8053-09 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 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-@514 Attachment number 1 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.tBM39914 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8054-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property 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). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 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 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 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 # 16 Ordinance No. 8055-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8056-09 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 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 # 17 Ordinance No. 8056-09 Attachment number 1 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 # 17 Ordinance No. 8056-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8057-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 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 # 18 Ordinance No. 8057-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 918 Moss Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 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 # 19 Ordinance No. 8058-09 Attachment number 1 Page 2 of 2 Item # 19 Ordinance No. 8058-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8062-09 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 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 # 20 Ordinance No. 8062-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8063-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 21 Ordinance No. 8063-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1831 Beverly Circle North, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 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 # 22 Ordinance No. 8064-09 Attachment number 1 Page 2 of 2 Item # 22 Ordinance No. 8064-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8065-09 on second reading, annexing certain real property 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 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 # 23 Ordinance No. 8065-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8066-09 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 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 # 24 Ordinance No. 8066-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1927 Summit Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 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 # 25 Ordinance No. 8067-09 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2009 Accept two $200,000 Brownfields assessment grants funded through the US Environmental Protection Agency (EPA) and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act. The Recovery Act is an unprecedented effort to jumpstart our economy, and create or save millions of jobs. This law provided stimulus funds to the Brownfields Program to award grants to evaluate and clean up former industrial and commercial sites. Under this law, EPA will provide financial assistance to eligible applicants through four competitive grant programs: assessment grants, revolving loan fund grants, cleanup grants, and job training grants. EPA has selected the City of Clearwater (one of only 10 cities in the state of Florida) for two brownfields assessment grants: $200,000 for hazardous substances (Recovery Act Funding) $200,000 for petroleum (Recovery Act Funding) Community-wide hazardous substances and petroleum grant funds will be used to conduct about 28 Phase I and 8 Phase II environmental site assessments, and conduct cleanup planning. Grant funds also will be used to support community outreach activities and implement a public health monitoring plan. Staff will prepare the workplan and application materials and submit to EPA for approval by June 9, 2009. Funds are anticipated to be available as soon as August 2009 and must be expended by September 30, 2012. Economic Development and Housing staff will implement the activities of the grant with no impact to the General Fund. A third quarter budget amendment will establish this project to recognize the grant from EPA. Type: Other Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Yes A third quarter budget amendment will establish project 0181-99855, EPA Brownfields Recovery Assessment Grant, to recognize the grant from EPA. Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0181-99855 400,000 Grant from EPA Brownfields Recovery Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 27 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Budget Adjustment: Approve waiver of existing City liens in the amount of $16,863.11 associated with the demolition and lot clearing that occurred in 1995 and 1996 for the properties located at 1007 and 1009 LaSalle Street. (Legal description: GREENWOOD MANOR, LOT 9 and 10). Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida. (consent) SUMMARY: Mt. Carmel Community Development Corporation (MCCDC) is requesting the waiver of three liens for the purpose of selling a new construction home to a first-time homebuyer that qualifies under the City's extremely low-income category. MCCDC was designated as a Community Housing Development Organization on December 5, 2002. On January 3, 2003, MCCDC purchased Greenwood Manor Lots 9 and 10 located on LaSalle Street from Pinellas County through the purchase of tax certificates. The original purpose in 2003 was to build a two-story, 12-unit senior housing facility. After discovering problems with available parking and rising construction costs, these plans were no longer feasible. A new plan was developed in 2004 to build single- family homes on the adjoining lots. The homes were completed in September of 2006. One of the homes was immediately sold in November of 2006. The home on 1007 LaSalle Street has remained vacant with no activity since the original construction date. 1009 LaSalle is a vacant lot. In March of 2009, a qualified applicant came forward with an offer to purchase the home. The prospective homebuyer meets the City's criteria as an extremely low-income candidate. The homebuyer will be receiving gift funds from a family member to cover the full cost of the $134,000.00 purchase price. As a result, the City of Clearwater will not be obligated to provide any additional funds for down payment or closing cost assistance. The City Commission approved in 2002 a policy that allows for waivers of liens for lot clearing, demolition and nuisance abatement for creating affordable housing. In anticipation of a sale of the home, on August 17, 2006, staff brought forward and council approved the waiver of interest and penalties associated with two liens on these properties. Due to extreme shifts in the housing market, the home was not sold and subsequently, the appraised value of the property has dropped significantly below the acquisition and construction costs of the home when it was completed in 2006. In summary, the City provided funding to MCCDC for the acquisition and the construction costs totaling $119,602. Additionally, the City provided $4,088 for the acquisition of the adjoining Lot 10. The total contract price for Lots 9 and 10 is $134,000.00. The acquisition and construction costs were provided by the City's federal HOME Program and SHIP funds. The City of Clearwater will realize $10,310.00 as net proceeds from the sale of these properties. This funding will be considered program income for the City's housing programs and immediately available for affordable housing programs. It is against federal guidelines to utilize these funds to pay municipal liens, interest or penalties associated with the property. Staff is recommending the full waiver of the three liens including interest and penalties in the amount of $16,863.11. This would include lien MHC-137 in the amount of $15,901.00 for demolition, lien M-1358 in the amount of $275.00 for lot clearing, and lien M-1464 in the amount of $325.00 plus an additional $362.11 in penalties and interest. Liens are setup as receivables in the General Fund, with an offsetting amount recorded to deferred revenue. Therefore, waiving the liens will have no impact on revenues or expenditures. Type: Other Current Year Budget?: None Budget Adjustment Comments: No funding impact None Meeting Date:6/4/2009 Cover Memo Item # 28 Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: to Total Cost: Appropriation Code Amount Appropriation Comment 0010-00000-223140 16,863.11 0010-00000-115215 (16,863.11) Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 28 From: 727 562 4052 Page: 112 Date: 5/15/2009 10:54:03 AM I-Idy'IJ'GUUf Uf.-+O Y,I-I 4-ILy Fldlld4 L-l !G!'JUG"+UJL 0 Clearwater 01ty Cottunissiolu Agenda Covor Memorandum worksasslan Itom r1, Flnnl A6en(hl Itern 8 r Mauling Data: 02121102 5 U B)tCTIRECOMM E N 10ATI ON t Adopt a City Commission Policy Statement to establish Criteria for Walver/Reductlon of Lot Clearing and Nuisance Abatamant/pernolltion Lions. ® and that the appropriate offlciala be authorized to execute some. SUMMARYi on January 1a, 2oof, the city commission forgave $2,000 of the principal and Interest ($2,367,77) for lions that were placed on a property for lot clearing violations, as the previcue owner did not clean up the alto. The new property owner was keeping the property well maintained. Although, the new owner was aware of the costs prior to purchasing the property, he asked for the reduotlon in the Ilene affixed based on the improvements he had made. The Commission approved a waiver of $2,000 of the costs, and directed staff to standardize guidelines for future revlews of such requests. When a property owner daee not olefin up s site, or demolish an unsafe structure, to give two examples, the result is the city hiring a contractor to do the work. Any coats that the city incurs on projects like these are billed to the property owner end if not pald In a timely manner will result in placing a Ilan against the property. There are 279 lot clearing liens, totaling $92,000, 36 code enforcement liens, totaling V,589,520 and 47 minimum housing oodeldamoiition liens, totaling $203,280, still currently in place an properties in the City. In an aifort to encourage re-development aeid aesthetto improvements for propertlea, as confirmed by the Commission's January approval of the waiver/reduction of the lot clearing lien, staff is proposing factors for consideration of waiverslrelease of liens which have been placed on properties that were previously found to be In non-compliance with codes. Most of the existing lot clearing, nuisance abatement and unsafe structureldemolltlon liens were placed by the City Commission following other legal efforts to correct non- compliant situations such as overgrown lots. Staff recommends that the City Commission approve the factors In the form of a policy statement for waiver/reduction of lions placed by the City Commisatorl. The Municipal Code Enforcement Board will continue to review requests for waiver/reduction of liens placed on properties by that board. Attached is the recommended City Commission Polley Statement for use in the consideration of requests to waivelreduaa lot clearing and nuisance abatement/demolitlon liens which have been placed on properties by the City Commisalon. Raviewttr by: legal Budget NA Purehaging NA RlskMgmt !NA Into Srvc NA Public Works aavalopment Services Coils Total CCS Publle Utilities Submitted by: 1-:,.. KA.-- Prinitd an recycled paper deer rapt. Development 5ervicoi treff Kromchnnblt Atlachmants zjalicy Staletnunt - Guldallnes for Waiver of Lot CleArfng and Nut6ance Abatementloamolitian Liens a None Currant FY Funding Soured CI Or other Appropriation Code, Rev, 71913 Ile Attachment number 1 Page 1 of 3 Item # 28 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www..qfi.com From: 727 562 4052 Page: 212 Date: 5/15/2009 10:54:04 AM I - Idy' IJ'GUUf L) f.-+O Y,I - I 4-ILy I-Idlld4 L-l I L ( -JUGItuie Lle Attachment number 1 Page 2 of 3 CLEARWATER CITY COMMISSION Policy Statement General Toplo Subject: Date Adopted: Waiver/Reduction of Liens Lot Clearing, Nuisance Abatement, Unsafe Structure/ Demolition Liens Amends: Rescinds; Reference; 5tatamsnt In elder to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for walvers/reductions of lot clearing, nuisance abatement, and/or uneafe structures/demolltlon liens. Whether the violation has been brought Into compllance regarding the violation cited. Whether extreme or undue hardship Is shown regarding payment of the lien and/ar regarding coming Into compliance with code requirements during the required time. Whether there are existing code violations on other properties owned by the vlolator or prospective purchaser. Whether there Is a development or redevelopment proposal regarding the property which would result In improvement or upgrade of the property. o Whether, given such a development or redevelopment plan, it would be Impractical to taker the compliance action directed by the City Commission. Whether payment would hinder a proposed sale of the property. Whether an appraisal of the property, submitted by the applloant, demonstrates to the City that the coat of the lien has been absorbed. The amount of a Ilan will not be reduced below the amount representing administrative costs Incurred by the City regarding the case. # 28 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www..qfi.com Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve waiver of the interest and penalties, in the amount of $13,513.24, associated with the demolition and lot clearing liens on the property located at 1003, 1003 %z LaSalle St. (Legal description: Greenwood Manor, Lots 9, 10); Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Ave., Clearwater, Florida and that the appropriate officials be authorized to execute same. SUMMARY: The current owner of the property located at 1003, 1003 1/2 LaSalle St. is requesting a reduction in the demolition and lot clearing liens on the property, specifically to waive the interest and penalties associated with the liens to a total amount of $13,513.24. The subject property zoned MDR (Medium Density Residential) is currently being developed with a new single-family residence. The developer realizes that the new property owner will be responsible to pay the principal and administrative costs totaling $16,205. The City Council placed the liens on the property directly associated with the City's costs involved with hiring outside contractors for the demolition of a previous unsafe structure, and overgrowth clearing, due to conditions precipitated by previous ownership. Liens are summarized as follows: M-1358; Lot Clearing, Principal: $275.00; Interest/Penalty: $310.24; MHC-137, Demolition; Principal: $15,901.00; Interest/Penalty: $13;203.12; Administrative Fee: $29.00.The new owners purchased the vacant property in January 2003. They have kept the property well maintained since. Legally, the only way these liens can be reduced is through City Council authorization. The City Council policy factors to be considered for waiver/reduction of liens have been reviewed by staff as follows (staff responses are indicated in parentheses): (1)Whether the violation has been brought into compliance regarding the violation cited. (The property is now in complete compliance with codes). (2)Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. (The current owner is a non-profit organization that obtained the property from the previous owner in bankruptcy). (3) Whether there are existing code violations on other properties owned by the violator or prospective purchaser. (City staff s research indicates that there are no violations by the current property owner). (4)Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. (Mt. Carmel is building an affordable single-family residence on this property). (5) Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. (Mt. Carmel is building an affordable single-family residence on this property). (6)Whether payment would hinder a proposed sale of the property. (The City has a "City's Construction Loan" on the property and the homeowner would be unable to obtain permanent financing with outstanding liens on the property). (7)Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. (No private appraisal has been done. According to the Housing Assistant Director for the City; properties in the area are valued in the range between $35,000 to $45,000). (8)The amount of alien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. (The applicants are intending to pay the principal and administrative costs). Considering the above factors, as well as the efforts made by this applicant to improve the property, staff is recommending the waiver of $13,513.24 for the interest / penalties associated with the liens on the property at 1003, 1003 1/2 LaSalle St., provided $16,205 is paid when the home is sold to a new homebuyer, for the principal and administrative costs of the liens, otherwise, the approval of the reduction in liens costs will be considered null and void. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk City Council Agenda Council Chambers - City Hall Meeting Date:6/4/2009 SUBJECT / RECOMMENDATION: Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) SUMMARY: The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from Insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The state law allows trustees to succeed themselves as board members. This legal resident, City Council appointed seat will become open July 1, 2009. Mr. Stucker has indicated his willingness to serve another term. Mr. Stucker is a city resident, and a local business owner with an insurance background. Once approved, Mr. Rick Stucker is to serve a new, two-year term as a trustee to the seat for the period of July 1, 2009 through June 30, 2011. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 29 Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida, in the amount of $150,000 for the purchase and installation of fencing at various projects throughout the City during the contract period May 22, 2009 through May 21, 2010, in accordance with Sec. 2.564 (1)(d), Code of Ordinances - Pinellas County Purchasing Cooperative Bid #089-0148-B (SS), and authorize appropriate officials to execute same. (consent) SUMMARY: A blanket purchase order in the amount of $150,000 is being requested. The City is not obligated to use the entire amount being requested. Fencing will be installed as replacement for damaged or deteriorated fencing and for new installations at various projects throughout the City. The Parks and Recreation Department has an annual capital improvement project for the replacement of worn out and damaged fencing, and also utilizes operating funds and other individual CIP's for projects that require the installation of new fencing. Some of the projects for the next year may include, but not be limited to, Cherry Harris Park, Wood Valley Park, Eddie C. Moore Complex and Carpenter Complex. The City is using bids solicited and approved by Pinellas County regarding fence installation (Pinellas County Purchasing Cooperative Bid #089-0148-B (SS). Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $150,000 Not to Exceed: $150,000 For Fiscal Year: 2009 to 2010 Appropriation Code Amount 315-93262-563500-572-000- $150,000 0000 Budget Adjustment: Annual Operating Cost: Total Cost: No Appropriation Comment Various codes to be used throughout the year Bid Required?: Yes Bid Number: 089-0148-B (SS) Pinellas Other Other Bid / Contract: County Bid Exceptions: Government Bid Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Item # 30 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2009 Approve extension of agreements for contractual services related to Clearwater's Human Trafficking Immersion Training Project to the end date of the grant period and approve a new agreement with Directions for Mental Health, Inc. and authorize the approrriate officials to execute same. (consent) SUMMARY: On August 7, 2008, the City Council approved acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJBJA) grant in the amount of $99,370 to fund the Clearwater Area Task Force on Human Trafficking Immersion Training Project. Council also approved contractual agreements with the Florida RCPI; Pinellas Core Management Services, Inc.; World Relief Tampa; and, Gulfcoast Legal Services, Inc. to provide coordination of activities and participation in certain portions of the delivery of Immersion training with the City. These contractual expenses were to be expended by June 30, 2009. The actual expiration date for the federal grant is February 28, 2010. Pursuant to Clearwater's agreement with DOJBJA, a total of four Immersion Training sessions were to be conducted by June 30, 2009. Due to delays beyond Clearwater's control, only three sessions have been conducted to date. In order to allow the Immersion Training Project more time to complete the fourth training session, the Police Department is now seeking an extension of the City's contractual agreements with the above-referenced contractors from June 30, 2009 to February 28, 2010, which is the end date of the federal grant period. Additionally, Directions for Mental Health, Inc. has been recruited to present a portion of the Immersion Training program. With one more training session remaining, the Police Department is now seeking approval of a contractual agreement with Directions to provide Immersion Training services for that session. Funding for Directions will be provided by a budget modification to the existing grant budget. There are no additional costs associated with the extension of time for the existing contractual agreements or the creation of a new one with Directions. The extensions of time will simply allow Clearwater to utilize all of the federal grant funds to which it is entitled. Extensions to the contractual agreements between the City of Clearwater and the above-referenced contractors have been prepared. A contractual agreement with Directions has also been prepared. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment Cover Memo 181-99268 Item # 31 Review 1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Attachment number 1 Page 1 of 2 EXTENSION TO AGREEMENT THIS AGREEMENT made and entered into on the day of , 20097 by and between Pinellas Core Management Services, Inc., hereinafter referred to as the "Contractor," and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City," is to extend the termination date of the original Agreement entered into on October 1, 2008, between the Contractor and City. WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008"; WHEREAS, on the first of October 2008, the Contractor entered into an Agreement with the City to coordinate activities and participate in certain portions of the delivery of the training with the City; WHEREAS, the Agreement entered into on October 1, 2008, was to commence on October 1, 2008, and terminate on June 30, 2009; WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the City to conduct all of the necessary Immersion training sessions and to expend all funds available through the grant; and WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual expiration date of the federal grant will allow all grant funds to be expended; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: The Agreement between the Contractor and the City, which commenced on October 1, 2008, and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms and conditions of the Agreement shall remain in effect. Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 31 Attachment number 1 Page 2 of 2 PINELLAS CORE MANAGEMENT SERVICES, INC. By: Elise Minkoff Chairperson, Board of Directors, PCMS Item # 31 Attachment number 2 Page 1 of 1 EXTENSION TO AGREEMENT THIS AGREEMENT made and entered into on the day of , 2009, by and between World Relief Tampa, hereinafter referred to as the "Contractor," and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City," is to extend the termination date of the original Agreement entered into on October 1, 2008, between the Contractor and City. WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008"; WHEREAS, on the first of October 2008, the Contractor entered into an Agreement with the City to coordinate activities and participate in certain portions of the delivery of the training with the City; WHEREAS, the Agreement entered into on October 1, 2008, was to commence on October 1, 2008, and terminate on June 30, 2009; WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the City to conduct all of the necessary Immersion training sessions and to expend all funds available through the grant; and WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual expiration date of the federal grant will allow all grant funds to be expended; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: The Agreement between the Contractor and the City, which commenced on October 1, 2008, and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms and conditions of the Agreement shall remain in effect. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney By: William B. Horne City Manager Attest: Cynthia E. Goudeau City Clerk WORLD RELIEF TAMPA By: Idanuldis Lopez Affiliate Director Item # 31 Attachment number 3 Page 1 of 1 EXTENSION TO AGREEMENT THIS AGREEMENT made and entered into on the day of , 2009, by and between the Florida Regional Community Policing Institute (RCPT), hereinafter referred to as the "Contractor," and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City," is to extend the termination date of the original Agreement entered into on October 1, 2008, between the Contractor and City. WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008"; WHEREAS, on the first of October 2008, the Contractor entered into an Agreement with the City to coordinate activities and participate in certain portions of the delivery of the training with the City; WHEREAS, the Agreement entered into on October 1, 2008, was to commence on October 1, 2008, and terminate on June 30, 2009; WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the City to conduct all of the necessary Immersion training sessions and to expend all funds available through the grant; and WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual expiration date of the federal grant will allow all grant funds to be expended; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: The Agreement between the Contractor and the City, which commenced on October 1, 2008, and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms and conditions of the Agreement shall remain in effect. Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne City Manager Attest: Cynthia E. Goudeau City Clerk FLORIDA RCPI By: Eileen LaHaie Executive Director Item # 31 Attachment number 4 Page 1 of 1 EXTENSION TO AGREEMENT THIS AGREEMENT made and entered into on the day of , 2009, by and between Gulfcoast Legal Services, Inc., hereinafter referred to as the "Contractor," and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City," is to extend the termination date of the original Agreement entered into on October 1, 20087 between the Contractor and City. WHEREAS, on September 26, 2008, the City was awarded a grant from the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008"; WHEREAS, on the first of October 2008, the Contractor entered into an Agreement with the City to coordinate activities and participate in certain portions of the delivery of the training with the City; WHEREAS, the Agreement entered into on October 1, 2008, was to commence on October 1, 2008, and terminate on June 30, 2009; WHEREAS, the June 30, 2009, termination date of the Agreement does not allow the City to conduct all of the necessary Immersion training sessions and to expend all funds available through the grant; and WHEREAS, extending the Agreement to February 28, 2010 to coincide with the actual expiration date of the federal grant will allow all grant funds to be expended; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: The Agreement between the Contractor and the City, which commenced on October 1, 2008, and terminates on June 30, 2009, is hereby extended to February 28, 2010. All other terms and conditions of the Agreement shall remain in effect. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: By: William B. Horne City Manager Attest: Robert J. Surette Cynthia E. Goudeau Assistant City Attorney City Clerk GULFCOAST LEGAL SERVICES, INC. By: John P. Cunningham, Esq. Executive Director Item # 31 Attachment number 5 Page 1 of 4 AGREEMENT THIS AGREEMENT is made and entered into on the day of , 20087 by and between Directions for Mental Health, Inc., hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City has been awarded a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008;" WHEREAS, the Contractor has agreed to coordinate activities and participate in certain portions of the delivery of the training with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1St day of June 1, 2009 and shall terminate on the 28t day of February 2010, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall furnish material and perform defined aspects of the work for coordination and implementation of Human Trafficking Immersion Training, in conjunction with the Clearwater Police Department and any other entities determined by the City, per the attached Scope of Services (Exhibit A). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs associated with the implementation of the program as specifically indicated in Exhibit A. The Contractor shall submit billing to the City for the price of $1,000 per training session implemented, for which the Contractor seeks reimbursement pursuant to this Agreement. Such billing shall be submitted to the City no later than twenty (20) days after the close of each training session. The City's maximum liability under this contract shall not exceed $1,000 - the total amount budgeted in the grant for these services. 4. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. Item # 31 Attachment number 5 Page 2 of 4 5. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: With a copy to: Directions for Mental Health B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 6. ENFORCEABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 7. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. 8. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Contractor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any Item # 31 Attachment number 5 Page 3 of 4 provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk DIRECTIONS FOR MENTAL HEALTH, INC. By: Item # 31 Attachment number 5 Page 4 of 4 Exhibit A: Scope of Services Reimbursement will be based on participation in 1 immersion training sessions @ $1,000 per session (1 day per session estimated); including the following costs and activities: • Local travel and mileage; • Participate in planning the content and schedule for the training sessions; • Assist in establishing specific curricula for each visiting Task Force; • Attend such meetings as may be required prior to and during site visits for planning and coordination; • Provide technical assistance and training on topics related to the task force, including: o Victim services budgets, case management, reporting forms and requirements, file arrangements, confidentiality, responding to victim needs; o Outreach and awareness plans, presentations and experiences; o Models for structuring NGO service networks and development of protocols; o Training plans for Law Enforcement and NGO's; o Evaluation plans and experiences; Meet with and exchange information and experiences with visiting NGO victim service providers and law enforcement; Accompany NGO and other visiting Task Force personnel on site visits as needed; Plan and deliver presentations to visiting Task Force members as needed. Item # 31 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Mary Van Weezel to the Library Advisory Board with the term to expire June 30, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 VICE-CHAIRPERSON: Jan Regulski MEETING DATES: Quarterly (TBA) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Robert M. Brumback - 55 Rogers St., P-3, 33756 - Original Appointment 09/07/06 Resigned 03/13/09 - (was serving 1st term until 08/31/2010) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Estelle Dunn - 2701 Regency Oaks Blvd., N305, 33759 - Retired 2. Mary A. Van Weezel - 1290 Gulf Blvd., #1408, 33767 - Retired Educator 3. Barbara Ann Murphey Zip codes of current members on board: 1 at 33756 1 at 33759 1 at 33761 2 at 33764 1 at 33767 Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: f?S T5 LL E b !1 IV lV Home Address: 7,0 / &wA2L':'4 ?&L B N3a.- t4, V Zip 3. 75 9 Telephone: ?27- '1,1 S- -1/9 y8 Cell Phone: --" Office Address: Zip Telephone: E-mail Address: How long a resident of Clearwater? Occupation: 17.e? 9 Employer: Field of Education: Other Work Experience: If retired, former occu Community Activities: Other Interests: Board Service (current and past): ms-zoo/ Board Preference: Additional Comments: 1 Signed: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. R.c.-c'p_?' VR_ k APR & M9 Item # 32 04/2512009/ 12:58 FAX , ra 0011001 Attachment number 1 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A 0 A --- I I. 3. What background this Board? r qualifications do you have that you feel would qualify you to serve on 4. Why do you want to serve on this Board? Name: Board Name: . / . 1L , Item # 32 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name:MUY A V W 111/66-,?-4F-L Home Address: Office Address: q0 C-7 al, F ') 6 v/?o ALL--fi;G Wjq-TF4 zipA-;I- ,z Telephone:_ '7-5q5-- z& 9 f zip Telephone: How long a resident of Clearwater?_FuLUOMr 3yeS PqA aryr /??3 Vt25 Occupation: Tr 2.t r? C--yod T, F' Employer: Field of Education: H-ISToP- ?cla 1, SG1?.f?:?eS F--b uC A`T i v rv If retired, former occupati e]-I: c Communitv Activities: E kWPrTf-e; v NUI? 2?1 SCHOOL -TU-ASiiR ? Ike. C?I--u I,C? 4A T101Tll& Other Interests: _'B?wJCI IOq . f-e, c aviio??'1c, Tfj Ue l (',ilrr letl1MA Board Service (current and past): Board Preference ' Cw i N ) , o-? , S z 1?ViSay - f S r ewrc l A l i iwc k? C-Ur (e n+? Additional Comments: Signe-"'t Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. UCEIVED Other Work Experience: SE?c?r?? k;Di2KL? 0,SL112RN0-E CLaLMS S4P°6ZUISO/2.. EGISLAT? , yRVCS Item # 32 Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? d? (, [! GS (i G V Si' ,'. r C%i i1c - %?r S r?r ?. i` '?? lJ7r c<' k; d"wit" r ?%t Iib Ic,L z /ril('a (4, /a t V a ( 741 M 1))e;;e VW/, dl ?/ U167 2. Have you ever ob erved a board meeting either in person or on C-View, the City's TV station? r Gf /7G ('Gf/1/? 1'?' ,(f, Fell, 4. Why do you want to serve on this Board? 7// 7 G? /?/ Su 'G/ e 11 G j (?llJ?/hG??`?? 7z Name:_ 11 kyl A. VAX) b1)6CZ,EL Board Name: 1?leaT 16 1// G',,, y 6?,e,6 Item # 32 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Attachment number 3 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS l (must be Clearwater resident) Name: Home Address: Zip Telephone: 9 q Cell Phone: How long a resident of Clearwater? ? h LAv? Occupation: b V-d Field of Education: }- 0n`try Ek C?I ?1 If retired, former occupation: V v ? dy ? + Community Activities: 10'0,00 6vcw d b l tnit-pQ t, Soc. + UNTA Jnnor_ IM Other Interests: A Board Service (current and"past): Additional Comments: n ,, Signed: Office Address: Zip Telephone: E-mail Address: Employer: Other Work Experience: Board Preference: 0,VV- T1 _ IV) 0 61 ra D10,h lvko Date: ? "' ?A 1-0 q See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 32 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ul? l (',1,V oul d 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? N Pin tn/-\L r?ri?n?r? 7A n It m/ioc ',/,in hf r{ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 01?h, ? 0 qu rt(t r-) i+( e brav), WM? OV) 0 4. Why do you want to serve on this Board? N_Cuk?.a ail ?y C) u r 10 4-") rC f A ( m1 I a into o. UvV? ?? Cblmv?a t Cl Name: Q),(l Board Name: Item # 32 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: t1 F' 9-> f =k ?- Home)(ddress: Office Address: Zip Zip Telephone: A-7 - q q a-- ? 7? Telephone: How long a resident of Clearwater? 31 Y R f2_s occupation: fA (Z ? ev K! L Employer: ° C Y o r cam ( Field of Education: Other Work Experience: M C_1-:q CA (S?& If retired, former occupation: k -? Lk Q- Cr R iZV Community Activities: -? NG Other Interests: -Met Q 445'r-iN Board Service (current and past): Board Preference: Additional Comments: Signed: Date: lz? Seeached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 32 Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 90_0 t`yC`C",aN tac 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .?i O 1' e ft c?s car a r Gk(? a,4 0 on' TC C.C-? Pfn C14T PE D kjc),C=gp CCZLt a N Qc?- 4. Why do you want to serve on this Board? (2) P Poe-CON CS-`? ,-cam 1300::?,4ncz' cNUCL\,(can t" lC -S ??M uay ?? `? , 115-? all Name: Board Name:A 2?' oAh Item # 32 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the "Beachwalk Project", in the amount of $100,000. (consent) SUMMARY: In April 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds, Esq., of the law firm of Bricklemyer Smolker & Bolves, P.A., as defense counsel in the inverse condemnation case of Divaco, Inc. v. City of Clearwater and several inverse condemnation claims that were expected to arise from this project. At the time of the initial authorization, $50,000 in funds from the Beachwalk Construction Project budget were authorized to pay for the City's defense. In July 2008, Council authorized the City Attorney to file a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or indemnification for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project, in the matter of Divaco, Inc. v. City of Clearwater. Council further authorized use of outside counsel if it became apparent that outside counsel was necessary, for reasons of subject-matter expertise. By December 2008, inverse condemnation actions had been brought against the City in the following cases: • Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater; • Divaco, Inc. v. City of Clearwater; • Szletcha & Kunowski d1bla Tropical Sky Ranch Motel v. City of Clearwater; and • Rudman & Rudman, d1bla Riviera Motel v. City of Clearwater; and Council authorized suit against Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or indemnification for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project in those cases. The latter three of which would be prosecuted by outside counsel and the claims against Post, Buckley, Schuh & Jernigan, Inc. in the Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater matter will be handled by staff. On February 19, 2009, Council authorized increasing funds to cover the expenses for these cases up to, but not including trial, in the amount of $100,000, which included hiring of expert witnesses and services up to trial. Mediation of the claims was not successful and extensive discovery has been undertaken by all parties. The court has bifurcated the case and scheduled a non jury trial on liability on July 30-31, 2009 in the case of Divaco, Inc. v. City of Clearwater. Due to an expedited discovery and trial schedule, the above-mentioned funds have been depleted and the City Attorney requests Council to approve additional funds of $100,000, from the Beachwalk Construction Project Budget, for the outside counsel services of Bricklemyer Smolker & Bolves, P.A., for the following: representation as defense counsel for the City in Divaco, Inc. v. City of Clearwater; Szletcha & Kunowski d1bla Tropical Sky Ranch Motel v. City of Clearwater; and, Rudman & Rudman, d1bla Riviera Motel v. City of Clearwater; representation as counsel for the City on cross-claims against Post, Buckley, Schuh & Jernigan, Inc., in the above cases; retaining experts, including: appraisers, engineers and surveyors for use at trial as needed. The additional funding in the amount of $100,000, is available in the Beachwalk Project fund, and is expected to (bVAF ,o expenses for these cases through the trial of the liability portion of the case, at which time we will apprise Council of any further estimated costs if necessary. Item # 33 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Current Year Cost: $100,000.00 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 10/01/08 to 09/30/09 Appropriation Code Amount Appropriation Comment 0315-92267-561200-541-000- $100,000.00 0000 No Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 33 City Council Agenda Council Chambers - City Hall Meeting Date:6/4/2009 SUBJECT / RECOMMENDATION: Approve a 5-year Revocable License Agreement from July 1, 2009 through June 30, 2014, between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to provide a nightly festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach and authorize the appropriate officials to execute same. SUMMARY: Sunsets at Pier 60 Society, Inc. (Agency), entered into a trial agreement with the City on March 2, 1995 to provide the nightly festival known as "Sunsets at Pier 60". The event met with great success and the Agency has been providing the festival for the past 13 years. The original agreement with the Agency is outdated and a new formal agreement is needed to protect the interest of the City as well as the Agency. Weather permitting the Agency will be responsible to provide a nightly Festival at Pier 60 Park from 2 hours before sunset until 2 hours after sunset. The Festival may include activities such as arts and crafts vendors, music, concerts, dance, entertainers and special events and activities. The new agreement spells out the appropriate uses of Pier 60 and Pier 60 Park as well as the maintenance and insurance requirements of the Agency. One of the new requirements is to prohibit as a part of the Festival all animal acts. This was necessary due to the additional management and liability issues necessary to continue these acts. The City will provide the following funding and in-kind services: An operational grant of $23,870 has been provided for FY 2008/09. Grants for future years are subject to annual budget approval by the City Council. Parks & Recreation Department is recommending a 10% reduction in this grant for FY 2009/10 by $2,390 to $21,480, from the parking fund. Beach, lawn and landscape maintenance for all areas on and around Pier 60 and Pier 60 Park. Maintenance for all major capital components of Pier 60 and Pier 60 Park. Use of existing furnishings on site, i.e. chairs, tables, PA system etc. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $21,480 Annual Operating Cost: Not to Exceed: $21,480 Total Cost: For Fiscal Year: 2009 to 2010 No $21,480 $21,480 Appropriation Code 0-435-01333-581000-545- 0000 Cover Memo Amount Appropriation Comment $21,480 For FY 2009/10 if approved by Council Item # 34 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 7 REVOCABLE LICENSE AGREEMENT This License Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Sunsets at Pier 60 Society, Inc., d/b/a Sunsets at Pier 60 Day Festival, whose address is: P.O. Box 3595, Clearwater, FL 33767, hereinafter referred to as the Agency. WHEREAS, it has been determined that for the past 13 years the Agency has provided a valuable service to the City by promoting tourism on Clearwater Beach through its nightly festival ("Festival") known as "Sunsets at Pier 60"; and WHEREAS, the City desires to continue this partnership of providing a revocable license for a portion of Pier 60 and Pier 60 Park for the Festival; and WHEREAS, the City and Agency entered into an agreement on March 2, 1995, providing the Festival on an ongoing basis, which can be terminated in writing by either party; and WHEREAS, the City and Agency agree that the original agreement is now outdated and a new more formal Agreement should be entered into to protect the interest of the City as well as the Agency; and NOW, THEREFORE, the parties agree as follows: ARTICLE L TERM 1. Term: The agreement dated March 2, 1995 shall be revoked and replaced upon adoption of this agreement ("License Agreement" or "Agreement") as of the date of full execution by the parties. The term of this Agreement shall be for a period of 5 years commencing on the 1st day of July, 2009 and continuing through the 30th day of June, 2014 ("Termination Date") unless earlier terminated under the terms of this Agreement. 2. Options to Renew: This Agreement may be extended by mutual written agreement of the parties for one (1) additional period of five (5) years, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE AGENCY Services to be Provided: Weather permitting, the Agency shall provide a Festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach. a) Programs: The Agency shall provide a nightly Festival at Pier 60 Park by providing activities such as: i) Arts and Crafts Vendors ii) Entertainment (music, concerts, dance, etc.) Item # 34 Attachment number 1 Page 2 of 7 iii) Entertainers iv) Special event shows/activities b) Assistance to the Community: The Agency will maintain communication and interaction with the surrounding community in regard to the type of entertainment provided, noise, special activities to promote the neighborhood, etc. c) Assistance to the City: Provide Agency personnel and volunteers to coordinate and operate all functions of the Festival at Pier 60. d) Hours and Days of Operation: Weather permitting, the Agency will provide "Sunsets at Pier 60" 7 days a week for approximately 2 hours before until 2 hours after sunset (four hours per day). 2. Use of Pier 60 and Pier 60 Park: a) No Illegal Use: The Agency promises and agrees that it will abide by law and will make or allow no unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around Pier 60 and Pier 60 Park and those adj acent areas used by the Agency. b) Rules for Use: Rules and regulations governing the Festival activities, may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City, other applicable law or of this Agreement. Animal acts are prohibited as a part of the Festival under this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable vendor fees to be retained by the Agency. C) Inspection by City: The Agency understands and agrees that the Festival premises may be entered and inspected at any time by the City's officers, agents and employees. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign advertising the Festival in Pier 60 Park according to City codes with prior written approval from the City at the Agency's expense. f) Structure: No permanent alterations or improvements to the Pier or Park may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. Item # 34 Attachment number 1 Page 3 of 7 Maintenance of the Premises by the Agency. a) Custodial Maintenance: During the times of the event and when the event is being held the Agency shall maintain the area used by the Festival in a clean and orderly condition. b) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises as a result of its occupancy other than normal wear and tear or vandalism. 4. Payment for all Operating Expenses: a) The Agency is responsible to pay all operating expenses associated with the Festival including salaries, utilities, custodial supplies, operating supplies, entertainment contracts, advertising, refuse collection, etc. b) The City will provide maintenance through its Parks and Recreation and Building and Maintenance Departments for all major capital components of the Pier and Park including painting, plumbing, electrical, concrete repairs, piling and deck repair, etc. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. 5. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes required by law, necessary to the Agency's operation at Pier 60 and Pier 60 Park, including but not limited to any ad valorem real property taxes, sales taxes and personal property that may be assessed against the premises during the term of this Agreement. 6. Scheduled Reports of Agency Activities: The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this Agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify as an example the type of vendors displaying goods, the type of activities, programs offered, etc. 7. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. Item # 34 Attachment number 1 Page 4 of 7 b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities and any cash funds donated to this cause. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years, or as required by law. 8. Non-discrimination: Notwithstanding any other provisions of this Agreement during the term of this Agreement, the Agency for itself, agents and representatives, as part of the consideration for this Agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. Agency agrees to maintain reasonable accommodation and access for handicapped persons, as required by law. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. C) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this Agreement immediately. 9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 10. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. Item # 34 Attachment number 1 Page 5 of 7 11. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of Pier 60 or Pier 60 Park premises by the Agency including all activities occurring thereon. b) An Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. C) Insurance procured in accordance with Sections 11 (a) and (b) shall have minimum coverage limits of $1,000,000. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) Worker's Compensation. Coverage shall apply for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. f) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Parks and Recreation Director before execution of this Agreement by authorized City officials. The Agency shall provide a copy of any or all insurance policies upon request by the City. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. ARTICLE III. RESPONSIBILITIES OF THE CITY Grant of Funds: The City, for the 2008/2009 budget year, has provided a grant of $23,870 to the Agency to assist in funding Agency activities and expenses as identified in this Agreement. Grants for future years of this Agreement are subject to annual budget approval by the City Council. 2. Grant of In-Kind Services: a) The City agrees to provide beach, lawn and landscape maintenance services for all areas on Pier 60 and surrounding park property at the City's discretion and as annual budgets allow. Item # 34 Attachment number 1 Page 6 of 7 b) The City will provide maintenance through its Building and Maintenance and Parks and Recreation Departments for all major capital components of the Pier and Pier 60 Park. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. C) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. d) The City will allow the Agency to use an agreed upon inventory of existing furnishings remaining on site i.e. chairs, tables, etc. Agency will be responsible for maintenance and replacement of items if needed. City Liaison: The Recreation Special Events Division of the City of Clearwater will serve as the City Liaison for the Agency. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION/ASSIGNMENT With or Without Cause: Either party may terminate this Agreement by providing fifteen (15) days written notice to the other party. 2. For Municipal Purpose: The City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving fifteen (15) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. This Agreement is not assignable. Any attempt to assign this Agreement shall render this Agreement immediately null and void in its entirety. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Item # 34 Attachment number 1 Page 7 of 7 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to Sunsets at Pier 60 Society, Inc., President (title), (address). ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the day of 2009. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2009. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Laura Mahony Assistant City Attorney SUNSETS AT PIER 60 SOCIETY, INC. By: Printed Name: Chief Executive Officer Attest: Cynthia E. Goudeau City Clerk 7 Item # 34 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Mandalay Park from "Closed from 11:00 p.m. until 6:00 a.m." to "Closed from Sunset until Sunrise" and pass Ordinance 8069-09 on first reading. SUMMARY: On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate hours of operation for parks; 2) prohibit trespassing on parks; and 3) allow the posting of a sign to inform the public of said hours. Ordinance 7376-05 amended Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manger. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. This requested hours change was provided from the Police Department after numerous after hour problems. Mandalay Park is now open until 11:00 p.m., but does not have lighting and due to tree cover, is completely dark. Due to these conditions, it is becoming an area for illicit activity. Ordinance 8069-09 changes the hours that Mandalay Park is to be closed from sunset until sunrise, to deter the illicit activity at the park. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 35 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8069-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), MODIFYING PARK HOURS FOR MANDALAY PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinance regulations, relating to the hours of operation for city parks from time to time in the interest of the public health, safety and welfare and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Section 22.24 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* Article II. Use Regulations* (2) The hours of operation for each city park, as may be amended from time to time, are as follows: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES Ordinance nl 8m4b25 Attachment number 1 Page 2 of 5 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 16 CYPRESS POINT PARK 17 D.D. DAVIS PARK 18 DREW PLAZA 19 GARDEN AVENUE PARK 20 GLEN OAKS PARK 21 GLENWOOD PARK 22 HARDING PLAZA 23 HIBISCUS LAKE 24 HILLCREST PARK 25 LAKE HOBART SOUTH 26 LAKE LUCILLE 27 MANDALAY PARK 2-7- 28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 2-9-29 NORTHEAST COACHMAN PARK 29 30 NORTHWOOD PARK 99 31 OVERBROOK PARK 34 32 SALLS LAKE 1 & 2 32 33 SOULE ROAD PARK 93 34 SPRING LAKE PARK 94 35 STATE STREET PARK Ordinance nl 8m4b25 Attachment number 1 Page 3 of 5 95 36 STATION SQUARE PARK 96 37 SUNSET POINT ROAD PLAYFIELD 9? 38 TERRACE LAKE 96 39 TOWN PLACE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 39 40 COACHMAN PARK 49 41 COURTNEY CAMPBELL RECREATION AREA 44 42 COUNTRYSIDE LIBRARY PLAYGROUND 42-43 MAGNOLIA STREET DOCK 49 44 MEMORIAL PARKS 1 & 2 44 45 MORNINGSIDE RECREATION COMPLEX 45 46 NO. GREENWOOD REC. & AQUATIC COMPLEX 46 47 PROSPECT LAKE PARK 47- 48 ROSS NORTON COMPLEX & ED WRIGHT PARK 46 49 TURNER STREET DOCK 49 50 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: ,59 51 BAYFRONT TENNIS COMPLEX 54 52 BELMONT PARK 52 53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. ,59 54 COACHMAN RIDGE PARK ,54 55 COUNTRYSIDE COMMUNITY PARK 55- 56 DEL ORO PARK (Trail: Sunrise to Sunset) 56 57 FRANK TACK PARK 5? 58 MARYMONT PARK 56 59 MONTCLAIR PARK ,59 60 PLAZA PARK 69 61 SID LICKTON PARK & FRED COURNOYER CT. 64 62 SUNSET SAM PARK AT ISLAND ESTATES 162 63 U.S. 19 SOCCER PRACTICE FIELDS Ordinance nl 8m4b25 Attachment number 1 Page 4 of 5 63 64 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 64 65 CREST LAKE PARK 66 66 EDGEWATER DRIVE PARK 66 67 FOREST RUN PARK 6? 68 JOE DIMAGGIO COMPLEX 66 69 LONG CENTER 6-9 AA AAi A v PA 14 70 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-9) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE Ordinance nl 8m4b25 Attachment number 1 Page 5 of 5 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 1 97 SAILING CENTER Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Laura Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance nl 8m4b25 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a 1-year Partnership and Operational Support Agreement from October 1, 2009 through September 30, 2010, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and supervision of certain City owned buildings and facilities and authorize the appropriate officials to execute same. SUMMARY: The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 50 years currently operating out of the Complex at the corner of Alternatel9 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for over 30 years. All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty i.e. Lawn Bowls, Shuffleboard and Horseshoes. In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their participants they have provided the supervision and general maintenance of the buildings and facilities assigned to each group. Currently, each group signs an annual co-sponsor agreement for the use of the facilities and programming of same. The template for these agreements was approved by the Council and were originally designed to cover primarily the youth groups operating in Clearwater. Staff has recognized that these adult groups contribute in ways different than the youth groups primarily in the area of supervising and maintaining a building owned by the City of Clearwater. All other agencies managing public facilities are required to enter into a separate partnership and operational support agreement. Therefore, staff is recommending that the City enter into separate agreements with the Lawn Bowls Club, Shuffleboard Club and Horseshoe Club. The agreements with each group are similar with the only change being what services each provides and the person(s) entering into the agreements. The groups' primary mission is to provide programs including supervision and maintenance to meet the recreational needs of the public including the residents of Clearwater. The City will continue to provide maintenance of the grounds, and provide capital building and maintenance service to the buildings. In turn, these groups will not be required to meet the resident/non-resident card requirements. If the Council approves these agreements there will be an annual net savings of $58,810 to the general fund budget. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 36 Attachment number 1 Page 1 of 8 HORSESHOE FACILITY USE AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, ("City"), and Clearwater Horseshoe Club, Inc., whose address is 1326 S. Martin Luther King Jr. Avenue, Clearwater, FL 33756 ("Club"). WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities and facilities to meet the needs of adults; and WHEREAS, the City desires to provide programs and activities as a means to help adults; and WHEREAS, the City has recognized the need for adult programs as supported by the Parks and Recreation Master Plan; and WHEREAS, the Club has proposed to provide adult recreational experiences for local residents as described herein; and WHEREAS, the City owns the Horseshoe Complex and in specific the horseshoe pits and clubhouse ("Center"), located at Ed Wright Park, 1326 S. Martin Luther King Jr. Avenue, Clearwater, and WHEREAS, the Club desires to continue its partnership with the City in providing adult programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM 1. Term: The term of this agreement shall be for a period of one (1) year commencing on the 1 st day of October, 2009 and continuing through the 30th day of September, 2010 ("Termination Date") unless earlier terminated under the terms of this agreement. 2. Options to Renew: This agreement may be extended by mutual written agreement of the parties for five (5) additional periods of one (1) year, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE CLUB 1. Services to be Provided: One of the Club's goals shall be to provide programs to meet the recreational needs of the horseshoe community. Item # 36 Attachment number 1 Page 2 of 8 a) Programs: The Club will provide for the supervision, maintenance and programming of the facility described in this agreement. Some of the programs to be provided are as follows: i) Open horseshoe sessions ii) Provide lessons and training for new horseshoe participants iii) Conduct tournaments iv) Provide social activities for participants b) Assistance to the Community: The Club will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Facilitation and support for use of center as a voting site, if needed The Club may collect reasonable fees to cover any direct expenses associated with accommodating these requests. c) Assistance to the City: Provide Club personnel and volunteers to operate and provide programs at the Center. d) Hours of Operation: The Club will provide programs and activities at the Center on a daily basis (Monday - Friday) and establish regular operating hours for a minimum of 20 hours per week, in season. 2. Area to be Served: Services rendered through this agreement shall be related to Horseshoe activities and provided primarily for the enjoyment of residents of Clearwater but will include residents of other areas in order to make the offerings of said program viable and successful. 3. Use of Horseshoe Facility. a) No Illegal Use: The Club promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Club understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Club. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Club, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this agreement. Such rules and regulations developed by this Club may provide for and allow reasonable user fees to be retained by the Club. 2 Item # 36 Attachment number 1 Page 3 of 8 C) Inspection by City: The Club understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall make its best effort to notify the Club at least 24 hours prior to any inspections but may enter the Center at any time in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances. e) Signage: The Club may place an identification sign on the Center or in the park according to City codes with approval from the City at the Club's expense. f) Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. g) Assignment: This Agreement is not assignable. Any attempt to assign the rights under this Agreement, or any portion thereof shall result in automatic termination and render this Agreement null and voice in all respects. 4. Maintenance of the Premises by the Club. a) Custodial Maintenance: The Club shall maintain the Center and adjacent areas used by the Club in a clean and orderly condition. b) Repair of Damage: The Club understands and agrees that it is responsible for and will cause to be repaired at the Club's expense damage to the premises as a result of their occupancy other than normal wear and tear or vandalism. 5. Payment for all operating expenses: a) The Club is responsible to pay all operating expenses associated with the Center and its programs, except those specifically identified under Article III, Section 2. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including, but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. 3 Item # 36 Attachment number 1 Page 4 of 8 c) The Club has remitted to the City $808.92, which is considered payment in full for all outstanding user fees the Club currently owes the City. 6. Scheduled Reports of Club Activities: a) The Club shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Club's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Club agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 7. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: The Club shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Club. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. b) Use of Records: The Club shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period of not less than five (5) years. 8. Management Letter: Within ninety (90) days of the close if its fiscal year, the CluL agrees to submit to the City a management letter detailing the officers of the Club, by- laws and/or rules of the Club and identify fees and donations, and expenditures by the Club. 9. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Club for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Non-discrimination: The Club agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client 4 Item # 36 Attachment number 1 Page 5 of 8 of the provider. The Club agrees to maintain reasonable accommodation and access for handicapped persons as required by law. b) Inclusion in Sub-Contracts: The Club agrees to include the requirements to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. C) Breach of Non-discrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10. Publicizing of City Support: The Club agrees to utilize every reasonable opportunity to publicize the support received from the City. The Club further agrees to supply the City up to three (3) copies of any publication developed in connection with implementation of programs by this agreement. Such publications will state that the program is supported by the City. 11. Liability and Indemnification: The Club shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Club's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Club in or about the premises whether or not based on negligence. Nothing herein shall be construed as a consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 12. Insurance: The Club agrees that it will indemnify and save the City harmless on account of the negligent acts of Club staff, volunteers or agents or on account of any unsafe condition that may exist as a result of the negligent operation by Club staff, volunteers or agents of the facilities. The Club further agrees to carry liability insurance where appropriate and as requested by the City and as shown below; and add the City of Clearwater to its insurance policy as an additional insured. a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limits Bodily Injury Liability and Property Damage Liability. b) Business Automobile Liability insurance for any motor vehicle owned by, hired by, used by, or used on behalf of Club in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. 5 Item # 36 Attachment number 1 Page 6 of 8 c) Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. d) Personal Property - The City shall not insure or self-insure loss to personal property of Club. Club understands that it is solely responsible for such losses regardless of cause. e) Certificates of insurance showing coverage as provided above will be provided to the City by October 1 st for each year agreement is in force. The address where such certificate(s) of insurance shall be sent or delivered is as follows: City of Clearwater Attention: Parks and Recreation Superintendent of Recreation P.O. Box 4748 Clearwater, FL 33758-4748 Also, copy to be sent to Risk Manager at same address. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: a) The City will not be providing any monetary funding as part of this Agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance services for all areas in the park and around the Center as annual budgets allow. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including, but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The City will allow the Club to use an agreed upon inventory of existing furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks. The Club will be responsible for maintenance and replacement of items if needed. 6 Item # 36 Attachment number 1 Page 7 of 8 d) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to the Club. 3. City Liaison: The Recreation Programming Division of the City of Clearwater will serve as the City Liaison for the Club. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION 1. With or Without Cause: Either Party may terminate this Agreement with thirty (30) days written notice without any further obligation. The City may terminate this Agreement immediately for failure to adhere to any of the provisions of this Agreement as determined by the City in its sole discretion. Upon such termination, the Club shall remit to the City all monies due hereunder within fifteen (15) days. 2. For Municipal Purpose: The City may terminate this agreement in the event it determines that the premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except resulting from the operation hereof, together with any other monies due in accordance with this agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provision of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand- delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Club, addressed to Charles Johnston, 1940 Algonquin Drive, Clearwater, FL 33755. ARTICLE VII. EFFECTIVE DATE 7 Item # 36 Attachment number 1 Page 8 of 8 The effective date of this agreement shall be as of the day of 20 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 20 Countersigned: Frank V Hibbard Mayor CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Approved as to form: Laura Lipowski Assistant City Attorney Clearwater Horseshoe Club, Inc. By: Printed Name: Chief Executive Officer/President of Club Attest: Cyndie E. Goudeau City Clerk 8 Item # 36 Attachment number 2 Page 1 of 8 SHUFFLEBOARD FACILITY USE AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, ("City"), and Clearwater Shuffleboard Club, Inc., whose address is: 1020 Calumet Street, Clearwater, FL 33755 ("Club"). WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities and facilities to meet the needs of adults; and WHEREAS, the City desires to provide programs and activities as a means to help adults; and WHEREAS, the City has recognized the need for adult programs as supported by the Parks and Recreation Master Plan; and WHEREAS, the Club has proposed to provide adult recreational experiences for local residents as described herein; and WHEREAS, the City owns the Shuffleboard Complex and in specific the shuffleboard courts and clubhouse ("Center"), located at 1020 Calumet, Clearwater, and WHEREAS, the Club desires to continue its partnership with the City in providing adult programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM 1. Term: The term of this agreement shall be for a period of one (1) year commencing on the 1 st day of October, 2009 and continuing through the 30th day of September, 2010 ("Termination Date") unless earlier terminated under the terms of this agreement. 2. Options to Renew: This agreement may be extended by mutual written agreement of the parties for five (5) additional periods of one (1) year, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBLITIES OF THE CLUB 1. Services to be Provided: One of the Club's goals shall be to provide programs to meet the recreational needs of the shuffleboard community. a) Programs: The Club will provide for the supervision, maintenance and programming of the facility described in this agreement. Some of the programs to be provided are as follows: Item # 36 Attachment number 2 Page 2 of 8 i) Open shuffleboard sessions ii) Provide lessons and training for new shuffleboard players iii) Conduct tournaments iv) Provide social activities for participants b) Assistance to the Community: The Club will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Facilitation and support for use of center as a voting site, if needed The Club may collect reasonable fees to cover any direct expenses associated with accommodating these requests. c) Assistance to the City: Provide Club personnel and volunteers to operate and provide programs at the Center. d) Hours of Operation: The Club will provide programs and activities at the Center on a daily basis (Monday - Friday) and establish regular operating hours for a minimum of 20 hours per week, in season. 2. Area to be Served: Services rendered through this agreement shall be related to Shuffleboard activities and provided primarily for the enjoyment of residents of Clearwater but will include residents of other areas in order to make the offerings of said program viable and successful. 3. Use of Shuffleboard Facility. a) No Illegal Use: The Club promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Club understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Club. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Club, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this agreement. Such rules and regulations developed by this Club may provide for and allow reasonable user fees to be retained by the Club. C) Inspection by City: The Club understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall make its best effort to notify the 2 Item # 36 Attachment number 2 Page 3 of 8 Club at least 24 hours prior to any inspections but may enter the Center at any time in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances. e) Signage: The Club may place an identification sign on the Center or in the park according to City codes with approval from the City at the Club's expense. f) Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. g) Assignment: This Agreement is not assignable. Any attempt to assign the rights under this Agreement, or any portion thereof shall result in automatic termination and render this Agreement null and void in all respects. 4. Maintenance of the Premises by the Club. a) Custodial Maintenance: The Club shall maintain the Center and adjacent areas used by the Club in a clean and orderly condition. b) Repair of Damage: The Club understands and agrees that it is responsible for and will cause to be repaired at the Club's expense damage to the premises as a result of their occupancy other than normal wear and tear or vandalism. 5. Payment for all operating expenses: a) The Club is responsible to pay all operating expenses associated with the Center and its programs, except those specifically identified under Article III, Section 2. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including, but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The Club has remitted to the City $3,426.50, which is considered payment in full for all outstanding user fees the Club currently owes the City. 3 Item # 36 Attachment number 2 Page 4 of 8 6. Scheduled Reports of Club Activities: a) The Club shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Club's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Club agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 7. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: The Club shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Club. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. b) Use of Records: The Club shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period of not less than five (5) years. 8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club agrees to submit to the City a management letter detailing the officers of the Club, by- laws and/or rules of the Club and identify fees and donations, and expenditures by the Club. 9. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Club for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Non-discrimination: The Club agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. The Club agrees to maintain reasonable accommodation and access for handicapped persons as required by law. 4 Item # 36 Attachment number 2 Page 5 of 8 b) Inclusion in Sub-Contracts: The Club agrees to include the requirements to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. C) Breach of Non-discrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10. Publicizing of City Support: The Club agrees to utilize every reasonable opportunity to publicize the support received from the City. The Club further agrees to supply the City up to three (3) copies of any publication developed in connection with implementation of programs by this agreement. Such publications will state that the program is supported by the City. 11. Liability and Indemnification: The Club shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Club's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Club in or about the premises whether or not based on negligence. Nothing herein shall be construed as a consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 12. Insurance: The Club agrees that it will indemnify and save the City harmless on account of the negligent acts of Club staff, volunteers or agents or on account of any unsafe condition that may exist as a result of the negligent operation by Club staff, volunteers or agents of the facilities. The Club further agrees to carry liability insurance where appropriate and as requested by the City and as shown below; and add the City of Clearwater to its insurance policy as an additional insured. a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limits Bodily Injury Liability and Property Damage Liability. b) Business Automobile Liability insurance for any motor vehicle owned by, hired by, used by, or used on behalf of the Club in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. c) Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. 5 Item # 36 Attachment number 2 Page 6 of 8 d) Personal Property - The City shall not insure or self-insure loss to personal property of Club. Club understands that it is solely responsible for such losses regardless of cause. e) Certificates of insurance showing coverage as provided above will be provided to the City by October 1 st for each year agreement is in force. The address where such certificate(s) of insurance shall be sent or delivered is as follows: City of Clearwater Attention: Parks and Recreation Superintendent of Recreation P.O. Box 4748 Clearwater, FL 33758-4748 Also, copy to be sent to Risk Manager at same address. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: a) The City will not be providing any monetary funding as part of this Agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance services for all areas in the park and around the Center as annual budgets allow. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including, but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The City will allow the Club to use an agreed upon inventory of existing furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks. The Club will be responsible for maintenance and replacement of items if needed. d) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to the Club. 6 Item # 36 Attachment number 2 Page 7 of 8 3. City Liaison: The Recreation Programming Division of the City of Clearwater will serve as the City Liaison for the Club. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION 1. With or Without Cause: Either Party may terminate this Agreement with thirty (30) days written notice without any further obligation. The City may terminate this Agreement immediately for failure to adhere to any of the provisions of this Agreement as determined by the City in its sole discretion. Under such termination, the Club shall remit to the City all monies due hereunder within fifteen (15) days. 2. For Municipal Purpose: The City may terminate this agreement in the event it determines that the premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except resulting from the operation hereof, together with any other monies due in accordance with this agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provision of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand- delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Club, addressed to Geoffrey Bell, 18675 U.S. Highway 19 North, #161, Clearwater, FL 33764. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the day of 20 7 Item # 36 Attachment number 2 Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 20 Countersigned: Frank V Hibbard Mayor Approved as to form: Laura Lipowski Assistant City Attorney Clearwater Shuffleboard Club, Inc. By: Printed Name: Chief Executive Officer/President of Club CITY OF CLEARWATER, FLORIDA By: William B. Horne, City Manager Attest: Cyndie E. Goudeau City Clerk 8 Item # 36 Attachment number 3 Page 1 of 8 LAWNBOWLING FACILITY USE AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, ("City"), and Clearwater Lawn Bowls Club, Inc., whose address is: 1040 Calumet Street, Clearwater, FL 33755 ("Club"). WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities and facilities to meet the needs of adults; and WHEREAS, the City desires to provide programs and activities as a means to help adults; and WHEREAS, the City has recognized the need for adult programs as supported by the Parks and Recreation Master Plan; and WHEREAS, the Club has proposed to provide adult recreational experiences for local residents as described herein; and WHEREAS, the City owns the Lawn Bowls Shuffleboard Complex and in specific the lawn bowling rink and clubhouse ("Center"), located at 1040 Calumet, Clearwater, and WHEREAS, the Club desires to continue its partnership with the City in providing adult programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM 1. Term: The term of this agreement shall be for a period of one (1) year commencing on the 1 st day of October, 2009 and continuing through the 30th day of September, 2010 ("Termination Date") unless earlier terminated under the terms of this agreement. 2. Options to Renew: This agreement may be extended by mutual written agreement of the parties for five (5) additional periods of one (1) year, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE CLUB 1. Services to be Provided: One of the Club's goals shall be to provide programs to meet the recreational needs of the lawn bowling community. a) Programs: The Club will provide for the supervision, maintenance and programming of the facility described in this agreement. Some of the programs to be provided are as follows: Item # 36 Attachment number 3 Page 2 of 8 i) Open lawn bowling sessions ii) Provide lessons and training for new bowlers iii) Conduct tournaments iv) Provide social activities for participants b) Assistance to the Community: The Club will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Facilitation and support for use of center as a voting site, if needed The Club may collect reasonable fees to cover any direct expenses associated with accommodating these requests. c) Assistance to the City: Provide Club personnel and volunteers to operate and provide programs at the Center. d) Hours of Operation: The Club will provide programs and activities at the Center on a daily basis (Monday - Friday) and establish regular operating hours for a minimum of 20 hours per week, in season. 2. Area to be Served: Services rendered through this agreement shall be related to Lawnbowl activities and provided primarily for the enjoyment of residents of Clearwater but will include residents of other areas in order to make the offerings of said program viable and successful. 3. Use of Lawn Bowls Facility. a) No Illegal Use: The Club promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Club understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Club. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Club, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this agreement. Such rules and regulations developed by this Club may provide for and allow reasonable user fees to be retained by the Club. C) Inspection by City: The Club understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall make its best effort to notify the 2 Item # 36 Attachment number 3 Page 3 of 8 Club at least 24 hours prior to any inspections, but may enter the Center at any time in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances. e) Signage: The Club may place an identification sign on the Center or in the park according to City codes with approval from the City at the Club's expense. f) Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. g) Assignment: This Agreement is not assignable. Any attempt to assign the rights under this Agreement, or any portion thereof shall result in automatic termination and render this Agreement null and void in all respects. 4. Maintenance of the Premises by the Club. a) Custodial Maintenance: The Club shall maintain the Center and adjacent areas used by the Club in a clean and orderly condition. b) Repair of Damage: The Club understands and agrees that it is responsible for and will cause to be repaired at the Club's expense damage to the premises as a result of their occupancy other than normal wear and tear or vandalism. 5. Payment for all operating expenses: a) The Club is responsible to pay all operating expenses associated with the Center and its programs, except those specifically identified under Article III, Section 2. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including, but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The Club has remitted to the City $2,234.16, which is considered payment in full for all outstanding user fees the Club currently owes the City. 3 Item # 36 Attachment number 3 Page 4 of 8 6. Scheduled Reports of Club Activities: a) The Club shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Club's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Club agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 7. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: The Club shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Club. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. b) Use of Records: The Club shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period of not less than five (5) years. 8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club agrees to submit to the City a management letter detailing the officers of the Club, by- laws and/or rules of the Club and identify fees and donations, and expenditures by the Club. 9. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Club for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Non-discrimination: The Club agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. The Club agrees to maintain reasonable accommodation and access for handicapped persons as required by law. 4 Item # 36 Attachment number 3 Page 5 of 8 b) Inclusion in Sub-Contracts: The Club agrees to include the requirements to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. C) Breach of Non-discrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10. Publicizing of City Support: The Club agrees to utilize every reasonable opportunity to publicize the support received from the City. The Club further agrees to supply the City up to three (3) copies of any publication developed in connection with implementation of programs by this agreement. Such publications will state that the program is supported by the City. 11. Liability and Indemnification: The Club shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Club's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Club in or about the premises whether or not based on negligence. Nothing herein shall be construed as a consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 12. Insurance: The Club agrees that it will indemnify and save the City harmless on account of the negligent acts of Club staff, volunteers or agents or on account of any unsafe condition that may exist as a result of the negligent operation by Club staff, volunteers or agents of the facilities. The Club further agrees to carry liability insurance where appropriate and as requested by the City and as shown below; and add the City of Clearwater to its insurance policy as an additional insured. a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limits Bodily Injury Liability and Property Damage Liability. b) Business Automobile Liability insurance for any motor vehicle owned by, hired by, used by, or used on behalf of the Club in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. c) Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. 5 Item # 36 Attachment number 3 Page 6 of 8 d) Personal Property - The City shall not insure or self-insure loss to personal property of Club. Club understands that it is solely responsible for such losses regardless of cause. e) Certificates of insurance showing coverage as provided above will be provided to the City by October 1 st for each year agreement is in force. The address where such certificate(s) of insurance shall be sent or delivered is as follows: City of Clearwater Attention: Parks and Recreation Superintendent of Recreation P.O. Box 4748 Clearwater, FL 33758-4748 Also, copy to be sent to Risk Manager at same address. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: a) The City will not be providing any monetary funding as part of this Agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance services for all areas in the park and around the Center as annual budgets allow. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including but not limited to, air conditioners, roof, painting, plumbing, electrical. The City shall have sole discretion in determining the scheduling and extent of capital maintenance projects. c) The City will allow the Club to use an agreed upon inventory of existing furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks. The Club will be responsible for maintenance and replacement of items if needed. d) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to the Club. 6 Item # 36 Attachment number 3 Page 7 of 8 3. City Liaison: The Recreation Programming Division of the City of Clearwater will serve as the City Liaison for the Club. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION 1. With or Without Cause: Either Party may terminate this Agreement with thirty (30) days written notice without any further obligation. The City may terminate this Agreement immediately for failure to adhere to any of the provisions of this Agreement as determined by the City in its sole discretion. Upon such termination, the Club shall remit to the City all monies due hereunder within fifteen (15) days. 2. For Municipal Purpose: The City may terminate this agreement in the event it determines that the premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except resulting from the operation hereof, together with any other monies due in accordance with this agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provision of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand- delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Club, addressed to 1040 Calumet Street, Clearwater, FL 33755. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the day of 20 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 20 7 Item # 36 Attachment number 3 Page 8 of 8 Countersigned: Frank V Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney Clearwater Lawn Bowls Club, Inc. By: Printed Name: Chief Executive Officer/President of Club CITY OF CLEARWATER, FLORIDA By: William B. Horne, City Manager Attest: Cyndie E. Goudeau City Clerk 8 Item # 36 Attachment number 4 Page 1 of 1 Clearwater Lawn Bowls Club, Inc. 1040 Calumet Street, Clearwater, FL 33755-1813 To: George Cretekos Clearwater Lawn Bowls Club (CLBC) is alarmed and disappointed that its recreational facility has been affected drastically by cuts in the City Budget. CLBC members appreciate that tax revenue has decreased due to economic circumstances beyond the City's control and we are willing to work with the City, but we believe that the cuts in funding that we have suffered are disproportionate relative to what most other sports in Clearwater have experienced. Perhaps the City can put this wonderful Lawn Bowling and Shuffleboard Complex to better multi-use - hold some City events here. Turn the Complex into a vibrant and more widely used and visible facility for City residents. Again we would be pleased to work with the City in a publicity campaign. CLBC has been in existence since 1924; but due to the increased costs that it must bear under the conditions of the contract that has been signed recently, it is exceedingly doubtful whether it can afford to exist for more than two years even though club dues have been increased by 61 %. It should be realized that this Club has been run since 1924 by the members for the City with no paid City personnel. The members, residents, non residents and seasonal residents have provided the programs as requested by the City at considerable cost in time and money to themselves. We are not a private Club. We are open to anyone who wishes to play the game of Lawn Bowls. We are a Parks and Recreation program and as such provide the services they request, We are responsible for submitting progress reports, financial statements to reflect fully the financial activities of the Club. I don't think a private club would have to do this. We would like to point out that our members who are long staying winter visitors have chosen to come to Clearwater because of its lawn bowls facility and as a consequence, their spending provides income to local businesses and thus increased tax revenue for the city. We also hold several Open Tournaments at our facility that brings visitors from all over the US and Canada who stay in our local hotels, eat in our restaurants and make purchases in our local stores. The loss of these tournaments would be a significant detriment to Clearwater. Without doubt, the lawn bowls complex in Clearwater is one of the best in the whole country. We take pride in the complex and have kept it in first class shape paying for day to day operating costs including labor to maintain the greens and run the club. We feel that the city could do more to publicize its existence and the benefits that are to be derived from the sport. Lawn Bowls is a challenging sport and is beneficial to one's health for people of all ages but especially for seniors, because it keeps both mind and body busy, in addition to providing an excellent social atmosphere in our wonderful club house. We want to help the City at this difficult time but we need help also to provide the programs that the City expects us to carry out. We cannot afford to pay all the utility costs and hire a greenskeeper to maintain the lawn bowling playing surfaces. We request that the City Council reconsider its position and make an effort to relieve CLBC of some of the burgeoning load that is sure to bring about its early demise. Yours sincerely, Catherine Davis Stephan, President Item # 36 Attachment number 5 Page 1 of 1 From: Dunbar, Kevin E. Sent: Monday, June 01, 2009 1:14 PM To: Goudeau, Cyndie Cc: Silverboard, Jill Subject: Additional information requested for 6/1/09 work session Direct costs scheduled for the above facilities are as follows: Building and Maintenance General Fund estimated cost for FY 2009/10 based on 2008/09 actual. 1855 Lawn bowling $8,700 per year 1856 Shuffleboard $11,300 per year Horseshoe $0 building so small never put on B & M schedule as built by Horseshoe Club & maintained by them. Air Conditioning - None schedule for any of the facilities. Roof repair/replacement - FY 2009/10 Shuffleboard Recoating $25,000 FY 2010/11 Lawn bowls Recoating $20,000 Painting - FY 2014/15 Lawn bowls and Shuffleboard $15,000 Item # 36 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs located at specific areas on Clearwater Beach and requiring the removal of pet waste and pass Ordinance 8074-09 on first reading. SUMMARY: On Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded on the north by Somerset Street, however, dogs are not prohibited on the sandy beach or swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds. The City Council also heard the testimony from dog owners who own property on the northern portion of Clearwater Beach and who have used the sandy beach as a recreation area for themselves and their dogs. The City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by dog owners if dogs are required to be restrained and on adequate leashes when the dogs are on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The City Council has also determined that the health, safety, and welfare of individuals is enhanced when pet owners or those in charge of the pet are required to remove all feces deposited by such animal on the sandy beach. Review Approval: 1) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8074-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO DOMESTIC ANIMALS; AMENDING SECTION 22.40, CLEARWATER CODE OF ORDINANCES, TO REQUIRE THE LEASHING OF DOGS LOCATED AT SPECIFIED AREAS ON CLEARWATER BEACH AND REQUIRING THE REMOVAL OF PET DEFECATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded on the north by Somerset Street; and WHEREAS, dogs are not prohibited on the sandy beach or swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds; and WHEREAS, the City Council also heard the testimony from dog owners who own property on the northern portion of Clearwater Beach and who have used the sandy beach as a recreation area for themselves and their dogs; and WHEREAS, the City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by dog owners if dogs are required to be restrained and on adequate leashes when the dogs are on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council has also determined that the health, safety, and welfare of individuals is enhanced when pet owners or those in charge of the pet are required to remove all feces deposited by such animal on the sandy beach; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 22.40, Clearwater Code of Ordinances, is hereby amended to read as follows: Ordinance No.I&M-@07 Attachment number 1 Page 2 of 2 Sec. 22.40. Domestic animals. (1) Dogs and other pets shall be excluded from any place where food and drinks are consumed or where posted. (2) Dogs shall at all times be restrained and on adequate leashes when the dog is on the sandy beach or in the swimming areas abutting the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. JJR4 Other than as specifically provided for below, in those park areas where dogs and other pets are allowed, the dogs shall at all times be restrained and on adequate leashes, and all other pets shall be under constant physical control of a person. J41{3) At Crest Lake and Enterprise Dog Parks only, there are areas designated for dogs off leash. Dogs in these designated areas must be accompanied by their owner, be under vocal control and not cause a public nuisance, safety hazard or harass wildlife. ?Q4} All pets shall be excluded from all public beaches, public pools, and swimming areas abutting public beaches and parks. ?Q{5) In the case of dog and other pet defecation on park property, the Courtney Campbell Recreation Area, or the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach, the owner or person in charge or in control of the dog or other pet shall remove all feces deposited by such animal and dispose of same in a sanitary manner. M{me} Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained to provide assistance to an individual with a disability shall be permitted in all public areas and public facilities. An individual with a disability utilizing such animals shall be excluded from the requirement contained in subsection (6) {&) if the individual is physically incapable of removing the excrement deposited by the animal. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. W44B7 ?- Meeting Date:6/4/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to fireworks displays, to prohibit the issuance of permits on specified areas of Clearwater Beach during specified times, and Pass Ordinance 8075-09 on first reading. SUMMARY: The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that human activities, such as fireworks displays, have an adverse affect on the nesting of shore birds on the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. The City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by prohibiting the issuance of permits to conduct a fireworks display or a pyrotechnic special effect display during the breeding season of shore birds. Ordinance 8075-09 prohibits issuance of permits for fireworks displays on Clearwater Beach north of Somerset Street between February 1 and August 31. Review Approval: 1) Clerk Cover Memo Item # 38 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8075-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIREWORKS DISPLAYS; AMENDING SUBSECTION (2)(A) OF SECTION 17.06, CLEARWATER CODE OF ORDINANCES, TO PROHIBIT THE ISSUANCE OF PERMITS ON SPECIFIED AREAS OF CLEARWATER BEACH DURING SPECIFIED TIMES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the Clearwater Audubon that human activities, such as fireworks displays, have an adverse affect on the nesting of shore birds on the sandy beach located from the boundary of Somerset Street to the northern most boundary of Clearwater Beach; and WHEREAS, the City Council has determined that a balance can be achieved between the protection of shore birds and the use of the sandy beach by prohibiting the issuance of permits to conduct a fireworks display or a pyrotechnic special effect display during the breeding season of shore birds; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (2)(a) of Section 17.06, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 17.06. Fireworks displays and open fires. *************** (2) Permit required per the Florida Fire Prevention Code. (a) No person shall use, possess, store, manufacture, sell, or discharge fireworks within the jurisdiction in violation with F.S. 791. A permit for fireworks display or a pyrotechnic special effect display, must first be obtained prior to commencing such activity in accordance with the applicable NFPA Standard, except that no permit shall be issued from February 1St through August 31St for any display on the publicly owned beach abutting the Gulf of Mexico from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No.l-@08 Attachment number 1 Page 2 of 2 Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.l x@08 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 39 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Well Field Expansion Project SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 40 Attachment number 1 Page 1 of 6 CITY of CLEARWATER _ ?i J ) T 14 -y/ ? / x k - - ti ff i .. ,,.. •k ? }Ir?i - Y{? lye f ?i WELL FIELD EXPANSION PROJECT Item # 40 Attachment number 1 Page 2 of 6 INFORMATION BULLETS ON CLEARWATER'S WELLFIELD PROJECT SUPPLY & DEMAND - CLEARWATER'S PLAN In the 2004 Water Master Plan, the City of Clearwater established a water supply goal of 70% self-reliance on local sources and 30% reliance on the regional system by 2014. The 2008 Potable Water Supply Facilities Master Plan Update clearly describes the City's objectives and detailed plans to achieve this goal and was submitted to SWFWMD in October 2008. An array of strategies that include conservation, preservation, production, protection, and management of our local water resources should achieve the goal. The City of Clearwater (City) has been providing public water supply since the 1920's. Public water demand in 2008 was 12.3 million gallons per day (MGD). Only about 30% of the water demand is produced locally with the existing 19 permitted wells (three [3] wells are out of service and in need of rehabilitation). The City currently relies upon the regional water supply system (through Pinellas County as a member of Tampa Bay Water) to supply the remaining 70% of our water needs with imported water. Heavy reliance on the regional water supply system is costly and provides no absolute guarantee of supply. WELLFIELD PROJECT The wellfield expansion project has been reviewed and permitted by both the Southwest Florida Water Management District (SWFWMD) and the Florida Department of Environmental Protection (FDEP). Chapter 373 of the Florida Statues authorizes and directs the local water management district to regulate the use of water within its jurisdictional boundaries. The SWFWMD rules for consumptive use of water are codified in Chapter 40D-2 of the Florida Administrative Code (FAC). SWFWMD is charged with the regulatory responsibility to assure all permitted uses of water are "reasonable and beneficial, will not interfere with any presently existing legal use of water, and are consistent with the public interest." • SWFWMD's Water Quality Monitoring Program monitors parameters such as chlorides and sulfates, and TDS provide an "early warning" of any detrimental trends due to water withdrawal. The City's Water Use Permit further requires the ongoing monitoring and monthly reporting to the District to verify compliance with all permit conditions. Item # 40 Attachment number 1 Page 3 of 6 FDEP also evaluates each application for a public water supply permit for compliance with Chapter 62-550 FAC. This assures compliance with sound engineering principles to protect public and environmental health. • The City has been planning this wellfield expansion project since 2004 when we completed the Water Supply Master Plan. The Master Plan, including findings and recommendation for the wellfield expansion, was presented to City of Clearwater Council (Council). • The wellfield expansion project is included in the six (6) year Capital Improvements Plan (CIP) as adopted by Council annually during the budgeting process. The cost of the capital project, as well as the expected water production savings is included in the Utility Rate Study completed in 2008 and updated in 2009. • The contracts for the phased design of the project were approved by Council - Phase 1 in October of 2005 and Phase 2 in September of 2007. Council awarded construction contract of Phase 1 wells in January 2009. • The Community Development Board was consulted to seek approval of a conditional use of City owned Open Space/Recreational parcels for utility infrastructure in May 2009. • Every report and funding decision is a matter of public record. Every Council approval was made during a public meeting properly advertised and televised. Public advertisements in the St. Pete Times were published for the SWFWMD Water Use Permit as well as prior to bid for construction. • Wellfields of similar size to that planned for the mid-Pinellas area are common, and co-exist successfully with urban and residential development throughout the tri-county area. For example, the city of Clearwater has produced groundwater within its boundaries for many years without inducing sinkholes. Similar wellfields are located in highly populated residential areas in northwest Hillsborough County, the New Tampa area, Temple Terrace, Plant City and Brandon. Many of these facilities have been producing drinking water for decades.* SINK HOLES Sinkholes are depressions or holes in the land surface that can be shallow or deep, small or large, and are the result of the dissolving and/or collapse of the underlying limestone. Sinkholes are a common, naturally occurring geologic phenomenon in Florida. The flow of water through the limestone is a natural Item # 40 Attachment number 1 Page 4 of 6 continual form of erosion in the limestone that causes enlarging of existing cavities and potential for eventual collapse. On the mid-Pinellas peninsula, in the Clearwater area, semi-confining layers of sand and clay separate the ground surface and the Floridan aquifer flowing through the limestone. This confining layer helps to reduce the potential for sinkhole formation. Although sinkholes are "natural" due to our geology, both natural and anthropogenic factors can increase the potential of sinkhole formation. The "sinking" can be caused by added pressure from above the ground from development or standing water from heavy rains; lowering of groundwater levels due to lack of rainfall or over-pumping for water supply can also contribute to the development of sinkholes. Careful monitoring of the aquifer and management of the wellfield to control withdrawal and allow for resting and rotation as necessary will be practiced by the City to assure that the conditions for increased sinkhole formation are not induced. • Although sinkholes seem to be common in some areas of west-central Florida, not all areas of the region have the same degree of sinkhole risk. For hundreds of years, the construction of most buildings, homes, roads and utilities has occurred without sinkhole problems. That's because sinkholes depend on local geologic conditions. Engineers that design such projects must take into account the local geology and sinkhole risk. For example, the mid- Pinellas area was selected as a good location for a brackish water supply project in part because of its lower sinkhole risk.* • Sinkholes are most common in areas where cavities exist near the top of the limestone layer with a thin layer of soil above the rock. Sinkholes are less common where limestone is deep below the land surface and a thick clay layer is present on top of that limestone, such as the mid-Pinellas area. In the Mid- Pinellas Brackish Water Desalination project area, the top layer of the limestone (the Floridan aquifer) is relatively deep, averaging 75 to 100 feet below land surface. In the soil layer on top of the limestone is a stiff clay layer, which is generally more than 40 feet thick. These conditions make sinkholes less likely to occur compared to other areas with different geologic conditions. Sinkhole probability is lower because downward water movement is hindered by the clay. The cohesive nature of the clay prevents water from moving downward into the limestone and makes the layered system less prone to collapse. * • In areas to the north of mid-Pinellas-through northern Pinellas and into Pasco and Hernando counties-the top of the limestone is closer to land surface (in some places less than 15 feet below land surface) and stiff clay is very thin or absent, making sinkhole formation much more likely. • The wells are located minimizing sinkhole potential; by a proactive design, such as deep well casings, pumping at relatively low rates and distributing total pumpage over a large area; by a comprehensive monitoring program to Item # 40 Attachment number 1 Page 5 of 6 detect conditions that might affect sinkhole risk, and allowing operating changes in a timely manner; and by the SWFWMD water use permitting process. * SALT WATER INTRUSION • Salt-water intrusion means that more salty water takes the place of fresh water. The implication is that water from Tampa Bay and the Gulf of Mexico will be allowed to fill the voids we will create by our pumping. Studies support that lateral movement of chlorides (salt water) can occur at a very slow rate; and so the regulatory agencies require monitoring and reporting of water withdrawals so as to not allowed the degradation with salt-water contamination. REGULATIONS • SWFWMD regulations that address maximum well field withdrawal rates protect potable water supplies from depletion. In addition, water conservation programs reduce demand for potable water supplies. SWFWMD regulates the withdrawal of groundwater through the issuance of water use permits, which specify maximum withdrawal rates and limit the potentiometric change in water tables. In addition, conservation measures that include reductions in water consumption and water reuse have been established by SWFWMD in coordination with the water use permit process. RECLAIMED • As reclaimed water becomes more widely available for irrigation, there should be a further decrease in potable water demand. The increased use of reclaimed water would offset the use of potable water for such uses as irrigation. The expansion of the reclaimed water system would be consistent with SWFWMD's Regional Water Supply Plan. The City plans to take advantage of any funding opportunities available through SWFWMD to fund the expansion of the reclaimed water system. WELL LOCATIONS • Wells are typically located on city owned property. This saves the city from having to purchase property for wells. Also there are setback rules requiring that well be at least 50 feet from sanitary sewer lines and both state and local regulations (well head protection rules) requiring us to control the land use Item # 40 Attachment number 1 Page 6 of 6 within 100 ft of the well. (No application of herbicides, pesticides or fertilizers allowed). This makes it difficult to locate a well in a residential area, and limits the placement to open space areas. NOISE • The older style of well (vertical turbine) has the motor placed on top of the well. When the motor malfunctioned it could have made some noise. The newer style well, with a submersible turbine, has the motor and pump located at the bottom of the well (in the ground.). There is no noise that can be heard from the pump or motor as it is approximately 150' within the ground. The sound of water going through the pipes, which is minimal, would be the only noise heard. WELL SECURITY • FDEP rules state the well must be locked in by either a fence or building. City wells are enclosed in a fenced area. The well pads are lighted. A building enclosing a well would have to be hurricane rated and have a removable roof to allow the well to be pulled. Herbicides, pesticides or fertilizes cannot be used on any plants near the wells. Hiding the well area behind plants could allow someone to tamper with the well apparatus and not be noticed. ANTENNAS • Each well has an antennae used for remote control of the well and real time monitoring and data gathering. The antennas are enclosed within the fence structure. The antennas must be higher than the tree line in order to establish communications with the Water Treatment Plants. SINK- HOLE INVESTIGATION • City of Clearwater is required by SWFWMD to investigate any withdrawal complaints reported near its production wells. Geological and engineering firms will be asked to confirm evidence. Their reports are submitted to SWFWMD for professional review. If the resulting investigation determined that the City caused a sinkhole problem then the claim would be treated no differently than any other claim against the city for property damages. * TBW Sink Hole White Paper Item # 40 Attachment number 2 Page 1 of 2 To: Bill Horne, City Manager From: Margie Simmons, Finance Director CC: Jill Silverboard, ACM; Pam Akin, City Attorney; Tracey Mercer, Public Utilities Director; Cyndie Goudeau, ORLS Director Date: June 5, 2009 RE: Financial Analysis of Wellfield and Reverse Osmosis Expansion Per your request, the following has been prepared to assist in responding to questions/concerns regarding the economics of continuing to purchase the same quantity of water from Pinellas County vs. expanding the City's self-production capacity through the expansion of the well fields and reverse osmosis capacity. Attached is a panel produced by our rate study consultants which depicts the differences between these scenarios: Expansion of the well fields and reverse osmosis capacity - shown as the last plan and green bars Continued purchase of water from Pinellas County as the current values and red bars (removed all wellfield and RO #1 & #2 CIP costs, incremental O&M, and Pinellas County purchased water reductions). This panel shows that with the same rate adjustment plan, continuing to purchase the same quantity of water from Pinellas County will have the following detrimental results: 1. Reduces reserves well below targeted levels (to levels that are clearly inadequate for a utility of this size). This is reflected in the bottom left box of the panel (attachment one). Note the red or dark bars are significantly lower than the green or lighter bars. 2. Significantly reduces debt service coverage levels much closer to minimum required amounts, placing the utility at a greater risk of potentially not meeting its debt service coverage requirements in the future due to unforeseen circumstances. Debt Service Coverage Projections FY2010 FY2011 FY2012 FY2013 FY2014 Well expansion 1.41 1.52 1.37 1.48 1.50 No well expansion 1.34 1.42 1.19 1.29 1.37 Item # 40 Attachment number 2 Page 2 of 2 The reason for these impacts is that the operational costs will increase (due to the cost of additional purchased water) above what the utility rate plan can sustain and reserves would be depleted. The only way to solve this would be to raise rates higher than what is currently anticipated. This was all discussed as we worked through the 2008 rate study that was presented to the Council. Our goal is to operate our utility system in an efficient manner in order to keep rates as low as reasonably possible while still being able to supply our users with the services they require and comply with all regulations. Below is another analysis of the projected unit cost of water in FY2014 under both scenarios. This reflects that the projected unit cost for the City to produce water with the expanded wells and reverse osmosis capacity at $3.49/TGAL (thousand gallons) as compared to the cost to purchase water from Pinellas County at $4.47/TGAL. FY 2014 Base Water Production Department O&M (Less Purchased Water) $3,657,099 Plus: Incremental O&M For New Facilities $2,850,406 Total Operating Cost $6,507,505 Total Annual Production in Gallons (Based on 10 MGD - ADF) 3,650,000,000 Operating Cost / TGAL $1.78 Annual Capital Costs Existing & New Debt Service (5.25%, 30 Years) Plus Coverage (1.20) $5,638,748 R&R for All Facilities (5% of Operating & Capital Requirements) $607,313 Total Annual Capital Costs, Including R&R $6,246,061 Annualized Capital Cost/ TGAL $1.71 Projected Unit Cost of Total System Projected Pinellas County Rate ($ / TGAL) Pinellas County Rate Projections FY 08 $ 2.86 FY 09 $ 2.95 FY 10 $ 3.18 8` FY 11 $ 3.66 15S FY 12 $ 4.21 15% FY 13 $ 4.34 3% FY 14 $ 4.47 3% I will be available at Thursday night's Council meeting to discuss with Council. 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N r C c ¦ Q " C O ¦ O 0 % % W N F m ¦ pl o ° ° C 0 00 0 0 0 O) oo m c w ? W ul ul to W J sl i oilliW ¢ s ioill!W m a I. I ro 55 m N 0 U ¦ U N d O I N ? o d o - 6 ? O w O O O O ? a !? n ? c M N O O yt w w U w w v I i Vj suoill!W 0 'IT it O 'IT it N City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Alcohol and Concessions on Sand Key Park - Councilmember Cretekos SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 41 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:6/4/2009 Review Approval: 1) Clerk Cover Memo Item # 42