11/30/2009
WORK SESSION AGENDA
Council Chambers - City Hall
11/30/2009 - 9:00 AM
1. Economic Development and Housing
1.1 Support the repeal of the cap on the State and Local Housing Trust funds and the full appropriation of
funding to Florida's Affordable Housing Programs in Fiscal Year 2010-2011 and Adopt Resolution 09-
50.
Attachments
2. Financial Services
2.1 Adopt Council Policy for an Audit Committee in compliance with Florida Statute 218.391, for selection
of a Certified Public Accounting firm to perform the annual audit and provide direction for the make up of
the Audit Committee.
2 Attachments
2.2 Approve submitting an amendment to City Charter Section 2.01(c)(3) to eliminate mandatory auditor
rotation to City voters and pass Ordinance 8130-09 on first reading.
Attachments
3. Gas System
3.1 Approve the Joint Project Agreement (JPA) with Pinellas County for Utility Installation by Contractor for
Phase III of the Dansville Redevelopment project. (consent)
Attachments
4. Human Resources
4.1 Approve a Legal Services Agreement with Klausner and Kaufmann, PA, to serve as counsel in matters
pertaining to the City Employees' benefits plan, deferred compensation plan and money purchase plan,at a
rate of $300 per hour. (consent)
Attachments
5. Marine and Aviation
5.1 Accept submerged land lease 520344583 with the Florida Department of Environmental Protection,
Bureau of Public Lands for use of state owned land under ten boat slips at the Downtown Boat Slips and
adopt Resolution 09-49.
Attachments
6. Solid Waste/General Support Services
6.1 Award a contract (purchase order) to Navistar, Inc. of Wesley Chapel, FL in the amount of $113,347.00
for the purchase of one 2010 International Durstar with Nuway Grapple Body in accordance with Sec.
2.56(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase under the City's master
lease purchase agreement and authorize the appropriate officials to execute same. (consent)
Attachments
7. Engineering
7.1 Provide direction and guidance to staff regarding possible implementation of a one way pair on south
beach comprised of Coronado Drive and Hamden Drive.
Attachments
8. Planning
8.1 Discuss amendments to the Community Development Code to increase required side setbacks for
commercial docks. (WSO)
Aanchmcmts
9. Official Records and Legislative Services
9.1 Approve the 2010 State Legislative Package. (consent)
B AttnchmPntc
9.2 Appoint one member to the Environmental Advisory Board with the term to expire December 31, 2013.
Attachments
9.3 January Meeting
Attachments
10. Legal
10.1 Authorize a civil action on behalf of the City against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the
construction of improvements on the Cleveland Street Streetscape Project and authorize a separate civil
action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a
Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of
improvements on the Beach Walk - Coronado Drive project. (consent)
Attachments
10.2 Repeal Section 30.053, Code of Ordinances, relating to nonconsensual towing of vehicles from private
property and pass Ordinance 8117-09 on first reading.
Attachments
10.3 Adopt Ordinance 8070-09 on second reading, making EAR based amendments to the Community
Development Code.
Attachments
10.4 Adopt Ordinance 8116-09 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 1980 Kings Highway from Residential Medium (RM) to Transportation Utility Overlay
and Drainage Feature Overlay with existing Residential Medium.
Attachments
10.5 Adopt Ordinance 8118-09 on second reading, relating to historic designation, designating property located
at 401 Cleveland Street, the Clearwater Evening Sun/Lokey Building, as a historic property under
Community Development Code Section 4-607, providing for classification of the designation, providing
for notice of the designation and recognition of the designated property by sign or marker.
Attachments
10.6 Adopt Ordinance 8119-09 on second reading, relating to historic designation, designating property located
at 405 Cleveland Street, the Capitol/Royalty Theatre, as a historic property under Community
Development Code Section 4-607, providing for classification of the designation, providing for notice of
the designation and recognition of the designated property by sign or marker.
Attachments
10.7 Adopt Ordinance 8121-09 on second reading, annexing certain real property whose post office address is
13 Baywood Avenue into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
10.8 Adopt Ordinance 8122-09 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 13 Baywood Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
10.9 Adopt Ordinance 8123-09 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 13 Baywood Avenue, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attnrhmantc
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Attachments
12. Council Discussion Items
12.1 Educating the Public re Amendment 4 - Councilmember Petersen
Attachments
12.2 A Resolution Regarding 2012 National Association of Regional Councils Annual Conference -
Councilmember Petersen
Attachments
12.3 S. Gulfview Improvements
Attachments
12.4 Dunedin Pass - Mayor Hibbard
Attachments
13. Other Council Action
13.1 Other Council Action
Attachments
14. Adjourn
15. Presentation(s) for Council Meeting
15.1 Appreciation for Clearwater's Veteran's Day - Bob Swick, CVA and Bob Lavender, Boys and Girls Club
Suncoast.
Attnchmentc
15.2 Youth for Human Rights Day Proclamation - Dustin McGahee, President of Youth for Human Rights
Florida, and members Bryant Guzman and Mila VonDohmain
Attachments
15.3 We Care Fund - Jim Geary, Dir. Customer Service
Attachments
15.4 Turkey Trot
Attachments
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Support the repeal of the cap on the State and Local Housing Trust funds and the full appropriation of funding to Florida's Affordable
Housing Programs in Fiscal Year 2010-2011 and Adopt Resolution 09-50.
SUMMARY:
The Florida Legislature enacted the William E. Sadowski Affordable Housing Act in 1992, creating a dedicated revenue source for state
and local housing trust funds. This revenue source funded state and local housing programs and assisted local governments in meeting
the housing needs of its population.
The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, the City of
Clearwater's Economic Development and Housing Department has provided funding for the following housing activities: down
payment and closing costs assistance, rehabilitation of owner occupied single-family dwellings, foreclosure prevention,
acquisition/renovation of affordable multi-family dwelling and home ownership counseling services.
The City of Clearwater's SHIP allocation was reduced by one (1) million dollars in funding for the 2009/2010 funding cycle. This
represented over one-third (1/3) of our total budget for the City's housing programs.
The Florida Housing Coalition, the Florida League of Cities, and the Florida Association of Counties, along with our neighboring
communities, are working together to stop the loss of SHIP and state housing trust fund monies.
Resolution 09-50 supports the removal of the cap on the State local trust funds for housing programs.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 1
Attachment number 1
Page 1 of 2
RESOLUTION NO. 09-50
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, SUPPORTING ELIMINATION OF THE
CAP ON THE STATE AND LOCAL HOUSING
TRUST FUNDS AND SUPPORTING FULL
APPROPRIATION OF THE HOUSING TRUST
FUNDS FOR HOUSING PROGRAMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CITY OF CLEARWATER has an obligation to provide
for the housing needs of its current and anticipated populations and assisting
lower income families and is dependent upon sufficient housing assistance from
federal and state programs; and
WHEREAS, the William E. Sadowski Affordable Housing Act of 1992
created a dedicated revenue source for the state and local housing trust funds
expressly and specifically to fund state and local housing programs that assist
local governments in meeting the housing needs of its population; and
WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of
approximately $243 million per year, beginning in Fiscal Year 2007-2008; and
WHEREAS, this cap is currently higher than the projected revenue for the
Housing Trust Funds for fiscal years 2010-2011, 2011-2012, and 2012-2013, and
therefore removal of the cap would have no negative fiscal impact on the state
budget; and
WHEREAS, housing trust fund monies are the single greatest boost to the
economy, providing $7.66 million of economic impact for every $1 million of state
funding, and full appropriation of housing trust fund monies is critically needed to
stimulate our local and state economy; and
WHEREAS, the unmet housing needs of low income Floridians is
substantial and the downturn in the real estate market creates opportunities for
acquiring, constructing, rehabilitating, and preserving housing to meet these
needs, and these opportunities are lost without Housing Trust fund monies.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Resolution .*4-50
Attachment number 1
Page 2 of 2
Section 1. That the City of Clearwater supports repeal of the cap on the
Housing Trust Funds, the future funding of the SHIP program, and urges the
Governor and Legislature to adopt statutory changes during the 2010 Legislative
Session to repeal the cap.
Section 2. That the City of Clearwater supports full appropriation of
housing trust fund monies for housing in the Fiscal Year 2010-2011 Budget.
Section 3. That the City Clerk is hereby directed to forward a copy of this
resolution to the appropriate parties.
Section 4. That this Resolution shall take effect immediately upon
adoption
PASSED AND ADOPTED this day of
Approved as to form:
Laura Mahony
Assistant City Attorney
2009.
Frank v. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution .*4-50
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Council Policy for an Audit Committee in compliance with Florida Statute 218.391, for selection of a Certified Public
Accounting firm to perform the annual audit and provide direction for the make up of the Audit Committee.
SUMMARY:
Florida Statutes Section 218.391, effective July 1, 2005, requires that selection of external auditors for the annual audit be done by an
Audit Committee established by the City Council.
The Audit Committee must oversee the auditor selection process but may also manage the engagement as deemed appropriate.
The Audit Committee will, at a minimum, issue a request for proposal (RFP), rate the firms responding to the RFP, and make a
recommendation to the City Council.
It is recommended that Audit Committee members have a basic understanding of governmental financial reporting and auditing, with at
least one financial "expert". Also recommended is the inclusion of members of the governing body or a subset thereof.
The recommended Council Policy requires Council appointment of an Audit Committee for selection of the external auditors for the
annual audit, per a request for proposal (RFP) process every five years at a minimum.
Type:
Current Year Budget?:
Other
None Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
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 # 2
Attachment number 1
Page 1 of 1
EXHIBIT I
Council Policy -Audit Committee
It is a policy of the City Council to have an Audit Committee for the
selection of a Certified Public Accounting firm for the annual audit, in
compliance with Section 218.391, Florida Statutes. The Audit
Committee will be appointed by the City Council and may be comprised
of Council members, Council appointees, and/or City employees as
determined by the City Council. The Audit Committee will be
responsible to solicit proposals via a competitive RFP process every five
years at a minimum. The Audit Committee may also manage the audit
process as appropriate.
Item # 2
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve submitting an amendment to City Charter Section 2.01(c)(3) to eliminate mandatory auditor rotation to City voters and pass
Ordinance 8130-09 on first reading.
SUMMARY:
The City Charter currently requires mandatory rotation of the audit firm employed for the annual audit every five years at a minimum.
Mandatory auditor rotation creates additional audit costs and audit inefficiencies with uncertain potential benefits.
A recent decrease in audit firms fully qualified to perform public-sector audits and the resulting lack of competition has made
mandatory auditor rotation more costly and potentially counterproductive.
Other safeguards currently exist to address the independence and objectivity of independent auditors, including recently enacted Florida
Statutes Section 218.391 requiring selection of external auditors via a competitive request for proposals process managed by an audit
committee appointed by the governing body.
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 # 3
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8130-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 2.01(c)(3), TO ELIMINATE THE
MANDATORY ROTATION OF INDEPENDENT AUDITORS
AND REQUIRE A COMPETITIVE REQUEST FOR
PROPOSALS PROCESS EVERY FIVE YEARS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, mandatory auditor rotation creates additional costs and
audit inefficiencies with uncertain potential benefits; and,
WHEREAS, a decrease in audit firms fully qualified to perform public-
sector audits and the resulting lack of competition has made mandatory auditor
rotation more costly and potentially counterproductive; and
WHEREAS, other safeguards now exist to address the independence
and objectivity of independent auditors, including state law requiring a
competitive request for proposals process managed by an audit committee
appointed by the governing body; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amend Section 2.01.(c)(3) as follows:
Section 2.01. Council; composition; powers.
(a) Composition. There shall be a city council, (the "council"), composed of five
council members, including the mayor. The members will occupy seats numbered one
through five, inclusive. All members shall be elected at large by the voters of the city.
(b) Powers. All legislative power of the city shall be vested in the council, except as
otherwise provided by law or the provisions of this charter, and the council shall provide
for the exercise thereof and for the performance of all duties and obligations imposed
upon the city by law.
(c) Duties. It shall be the duty of the council to discharge the obligations and
responsibilities imposed upon the council by state law, city ordinance and this charter.
As a part of the discharge of its duty, the council shall:
1. Each October at a public meeting, present a report on the evaluation of the
performance of the city manager and city attorney.
2. Adopt by ordinance a comprehensive system of fiscal management. The
fiscal management ordinance shall include provisions relating to the operating budget,
capital budget and capital program, and provide for hearings on the budget, capital
budget and capital program and the amendment of the budget following adoption.
Ordinance No. 8130-09
Item # 3
Attachment number 1
Page 2 of 3
3. Provide for an annual or more frequent independent audit of all city accounts
by a firm of certified public accountants. No firm shall be employed for more than five
consecutive years, unless selected through a formal Request for Proposals process All
audits shall be in accordance with law.
4. Regulate comprehensive planning, zoning and land development as provided
by law.
Section 2. A referendum election is hereby called and will be held on March 9,
2010, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 2010, shall be as follows:
CHARTER AMENDMENT TO ALLOW INDEPENDENT AUDITORS TO SERVE
MORE THAN FIVE CONSECUTIVE YEARS
Shall Section 2.01(c)3. of the City Charter be amended as provided in
Ordinance No. 8130-09 to eliminate the mandatory rotation of
independent auditors every five years and instead require a Request for
Proposals process to select an independent auditor every five years?
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 2010.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
2 Ordinance No. ftW*B
Attachment number 1
Page 3 of 3
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. &tM*B
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Joint Project Agreement (JPA) with Pinellas County for Utility Installation by Contractor for Phase III of the Dansville
Redevelopment project. (consent)
SUMMARY:
Pinellas County is currently working on Phase III of the Dansville redevelopment project, where the County would like to install 1,250
feet of natural gas mains within the subdivision. The City will supply the gas pipe and the County will reimburse the City for all
material cost. Pinellas County will be responsible for labor cost. Estimated material and labor costs are $6,500 and $35,700,
respectively.
The Dansville redevelopment area is located approximately one mile north of the intersection of Ulmerton and Walsingham Rd in
Largo. Actual boundaries are between 132nd and 134th Ave N and 128th St and Oak St.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $42,200
Not to Exceed: $42,200
For Fiscal Year: 10/1/2009 to 9/30/2010
Budget Adjustment: None
Annual Operating Cost: $42,200
Total Cost: $42,200
Appropriation Code
315-96377
Amount Appropriation Comment
$42,200 Pinellas New Mains and Service Lines
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 5
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY CONTRACTOR
This Agreement, made and entered into on the day of , 20 , by and
between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter
called COUNTY, and the City of Clearwater, a municipal corporation of the State of
Florida, d/b/a Clearwater Gas System, hereinafter called the CITY.
WITNESSTH:
WHEREAS, the COUNTY intends to construct improvements to:
PROJECT NAME: Dansville Redevelopment Area Phase III
PID No. 991
PROJECT LIMITS: Various
Hereinafter referred to as the PROJECT, which shall call for the initial location,
and/or installation of the CITY'S utility facilities along, over and/or under the PROJECT,
and
WHEREAS, the above described utility activities are to hereinafter be described as
"Utility Work", and
WHEREAS, the COUNTY and the CITY have determined that it would be to the
best interest of the general public and to the economic advantage of both parties to enter
into this PROJECT Agreement for the "Utility Work" and,
WHEREAS, the COUNTY has expressed its desire to assume all reasonable and
necessary costs to be incurred for this "Utility Work" and will include in said PROJECT
certain plans and specifications to meet the CITY'S needs, and
NOW, THEREFORE, it is agreed by the parties as follows:
1. The "Utility Work" consists of the installation of one thousand two hundred fifty
(1,250) linear feet of new two inch (2") polyethylene gas mains and related
appurtenances, as part of the PROJECT.
2. The CITY will be responsible for all work involving active (live) gas mains. The
CITY'S work will include, but will not be limited to, tie-ins, purging, all tapping,
adjustments, relocations, repairs, maintenance, and incidental work required to be
performed to the CITY'S existing utilities within the PROJECT. All such work is
to be coordinated with the construction of this PROJECT and in a manner that
will not cause delay to the COUNTY'S PROJECT contractor. Failure to do so
will subject the CITY to pay for any added expense incurred by the COUNTY.
3. The CITY shall provide to the COUNTY all existing information that would
accurately describe or depict the utility as to size, location and function.
1 Item # 4
Attachment number 1
Page 2 of 5
The COUNTY will use this information to facilitate the subsurface utility
surveying efforts.
4. The CITY shall review and accept the existing subsurface utility information
shown on the PROJECT plans. The CITY shall notify the COUNTY of any
discrepancies and assist in a resolution.
5. The CITY shall participate in the design, utility coordination, preconstruction, and
other meetings as necessary for PROJECT design development and construction.
6. The CITY at its expense, shall design and prepare plans and specifications for all
the CITY'S "Utility Work". The CITY shall furnish to the COUNTY, in a timely
manner coinciding with the project schedule, complete and reproducible plans on
standard size sheets, together with a complete set of specifications covering all
construction requirements for the "Utility Work." These plans and specifications
shall be complete in every detail and will include a "Summary of Quantities"
sheet and/or "Bill of Materials" identifying the items of work, with an "estimate
of cost." The plans and specifications shall be signed and sealed by a Professional
Engineer registered in the State of Florida, as required by state law.
7. The CITY shall obtain all necessary permits for construction of the "Utility
Work", including Pinellas County's "Right-of-Way Utilization Permit"
8. The CITY shall furnish material and make provisions to have the materials
necessary for the "Utility Work" available at the time of the COUNTY'S award to
the Construction Contractor for the PROJECT. The Construction Contractor shall
take delivery of these materials from the CITY. The COUNTY is responsible for
the actual cost of the materials used, and be responsible for the cost of "Utility
Work" by the Construction Contractor for the work defined in the approved plans
and specifications. The estimated cost of the "Utility Work" is $35,700, as
indicated in "Exhibit A" to this Agreement. The estimated cost of the gas main
material is $6,500, as indicated in "Exhibit B" to this Agreement. The COUNTY
shall reimburse the CITY for the cost of the gas main material. The total
estimated cost of the "Utility Work" is $42,200.
9. The CITY will provide the necessary construction and engineering inspection of
the CITY'S Utility Work to determine if construction is in substantial compliance
with the plans and specifications. The CITY'S inspector will immediately notify
the COUNTY inspector of any objections to the Utility Work.
10. Upon completion of the entire PROJECT, the COUNTY shall ensure that any
"Utility Work" warranty is passed on to the CITY under the terms and conditions
contained in the construction contract.
11. All survey layouts for construction of the "Utility Work" will be furnished by the
COUNTY'S contractor.
12. Upon request, the COUNTY shall furnish one (1) set of record drawings to the
CITY.
13. The CITY remains responsible for all obligations under this agreement except foItem # 4
2
Attachment number 1
Page 3 of 5
those relating to payment to the COUNTY for "Utility Work" performed by the
COUNTY'S contractor.
14. The coordination of the CITY'S "Utility Work" with that of the roadway
contractor and other utilities and/or their contractors will be the responsibility of
the COUNTY. The CITY will cooperate fully and immediately to resolve any
delays in the construction of the PROJECT occurring as the result of the CITY'S
"Utility Work".
15. Upon completion of the entire PROJECT, the CITY shall own, control, maintain,
and be responsible for all CITY utility facilities involved according to the terms
of the Pinellas County Right-of-Way Utilization Permit. The CITY further agrees
that it will maintain and keep in repair its utilities and all such affected
infrastructure.
16. The Parties shall be fully responsible for their own acts of negligence and their
respective agents' acts of negligence, when such agents are acting within the
scope of their employment, and shall be liable for any damages resulting from
said negligence to the extent permitted to Section 768.26, Florida Statues.
Nothing herein is intended to serve as a waiver of sovereign immunity by either of
the Parties. Nothing herein shall be construed as consent by the Parties to be sued
by third parties in any matter arising out of this Agreement.
17. In the event the COUNTY, for any reason, decides not to proceed with the
PROJECT or terminates the PROJECT, the COUNTY will not be responsible for
any "Utility Work" not completed. The COUNTY, may in its sole discretion
decide not to proceed with or complete the Utility Work and will not be liable for
any such decision. The CITY retains the right to complete any uncompleted
portion of the Utility Work at the CITY'S own expense should the COUNTY
terminate or abandon the PROJECT. The COUNTY shall cooperate in good faith
to allow the CITY to complete the Utility Work as contemplated hereunder.
18. The obligations of the parties are subject to appropriate budgeted funds being
available in each budget year to achieve the purposes of this Agreement. In the
event that sufficient budgeted funds are not available in a subsequent fiscal year,
this Agreement shall terminate on the last day of the fiscal year for which
sufficient budgeted funds are available without penalty to either of the parties.
19. The COUNTY shall maintain financial records, accounting and purchasing
information, and books and records for the Agreement. These books, records, and
information shall comply with general accounting procedures. All documents
related to the Agreement are public record and shall be retained and provided as
required by law.
20. Both Parties shall comply with all federal, state, county, local laws,
regulations, and ordinances at all times.
21. The Parties shall, during the performance of this Agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to
prohibited discrimination.
3 Item # 4
Attachment number 1
Page 4 of 5
22. This Agreement may not be assigned without the consent of the CITY and
COUNTY.
23. Should any section or part of any section of this Agreement be rendered void,
invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable of any other section
or any part of any section of this Agreement.
24. This Agreement constitutes the entire Agreement between the Parties, and no
change will be valid unless made by supplemental written agreement executed by
both Parties.
25. All notices, requests, demands, or other communications required by law, or this
Agreement shall be in writing and shall be deemed to have been served as of the
delivery date appearing upon the return receipt if sent by certified mail, postage
prepaid with return receipt requested, to the Director of the Capital Improvement
Program (CIP) and Production whose address is set forth below, or upon the
actual date of delivery, if hand delivered to the Project Manager, Paul Bellhorn.
Jan R. Herbst, Director of CIP and Production
Pinellas County Public Works Department
440 Court Street, 4th Floor
Clearwater, FL 33756
26. No act of omission or commission of either Party, including without limitation,
any failure to exercise any right, remedy, or recourse, shall be deemed to be a
waiver, release, or modification of the same. Such a waiver, release, or
modification is to be effected only through a written modification to this
Agreement.
27. Each Party to this Agreement represents and warrants to the other Party that (i) it
is duly organized, qualified and existing entities under the laws of the State of
Florida, and (ii) all appropriate authority exists so as to duly authorize the persons
executing this Agreement to so execute the same and fully bind the Party on
whose behalf they are executing.
28. This Agreement is subject to approval by the Parties.
29. The terms of this Agreement shall commence upon execution of this Agreement
by the Parties and shall terminate after completion and acceptance of the Utility
Work and upon final payment in accordance with the provisions of Paragraph 8 of
this Agreement.
4 Item # 4
Attachment number 1
Page 5 of 5
IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed
by their duly authorized officers and their officials' seals hereto affixed, on the day and
year first above written.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Laura Mahoney
Assistant City Attorney
OFFICIAL SEAL
PINELLAS COUNTY, FLORIDA by and
through its County Administrator
By:
County Administrator
WITNESS:
By:
City of Clearwater, Florida
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
APPROVED AS TO FORM:
By:
Office of the County Attorney
OFFICIAL SEAL
5 Item # 4
Attachment number 2
Page 1 of 2
EXHIBIT "A"
Lhe No. Pay lam No. lam Dasatolm QUW*ky UMr Urdt Value . Exanded V"
OPTION 2 - CLEARWATER GAS
CIa4ar Gas
41 005-0700 SURVEY, Construction Layout
1.00 LS $1,000.00 $1,000.00
42 005-0800 SURVEY, Ouanthy Measurements
1.00 LS $500.00 $500.00
97 005-0851 SURVEY, As-built Requirements per Div L, Sec. 2.4
1.00 LS $2,000.00 $2,000.00
43 101-0100 MOBILIZATION
1.00 LS $1,000.00 $1,000.00
44 102-0100 MAINTENANCE OF TRAFFIC
1.00 LS $1,000.00 $1,000.00
66 1050-13-002 UTILITY PIPE, INSTALL, 20, PE
1,250.00 LF $18.00 $22,500.00
67 1050-13-003 UTILITY PIPE, INSTALL, 4", PE Casing
90.00 LF $40.00 $3.600.00
46 1080.13-204 UTILITY FIXTURE, INSTALL, 2" Valve Assembly
4.00 EA 5300.00 $1.200.00
45 555-1-1 DIRECTIONAL BORE. 4- PE Casing
38.00 LF $50.00 $1,900.00
86 999-0000 UNSPECIFIED WORK (Allowance)
1,000.00 EA $1.00 $1,000.00
Clearwater Gas S UBTOTAL: $35,700.00
OPTION 2 - CLEARWATER GAS S UBTOTAL: $35,700.00
Item # 4
Attachment number 2
Page 2 of 2
EXHIBIT "B"
Dansville Phase III - Clearwater Gas Materials Estimate
T PE Pipe 1250 LF a@ $2.40 / If = $3,000.00
#12 Tracer Wire 1300 LF a@ $0.50 / If = $ 650.00
Fittings, Valve Boxes,
and marker poles 1 LS
a@ $2,850.00 = $2.850.00
Total = $6,500.00
Item # 4
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Legal Services Agreement with HIausner and Kaufmann, PA, to serve as counsel in matters pertaining to the City
Employees' benefits plan, deferred compensation plan and money purchase plan,at a rate of $300 per hour. (consent)
SUMMARY:
The City currently retains HIausner and Kaufmann as legal council for the City of Clearwater Employee Pension Fund. This agreement
will retain their services for any work that may be required to keep the City's 401A and 457 deferred compensation plans and Section
125 plan current with mandated IRS requirements or other legal changes.
Gray/Robinson, PA is currently retained to provide these services. The agreement between that firm and the City requires a 10 day
notice to terminate the agreement. Written notice will be provided immediately after Council approval of the new agreement and will
not be in effect until that notice is provided.
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 # 5
Attachment number 1
Page 1 of 3
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the day of December, 2009, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of
KLAUSNER & KAUFMAN, P.A. ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection
with matters pertaining to the City's employees' benefits plan, deferred compensation
plan and money purchase plan.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services in connection with the following matters: Employees' benefits
pension plan, deferred compensation plan and money purchase pension plan.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $300.00 per hour for attorney services for KLAUSNER & KAUFMAN,
P.A.
SECTION 4. TERM. This Agreement will be effective commencing December
21, 2009.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
Page 1 of 3
Item # 5
Attachment number 1
Page 2 of 3
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Counsel or its
employees in connection with or arising directly or indirectly out of this Agreement
and/or the performance hereof. Without limiting its liability under this Agreement,
Counsel shall procure and maintain during the life of this Agreement professional
liability insurance in an amount in excess of $1,000,000. This provision shall survive the
termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and
Counsel that Counsel is not aware of any clients of the firm that currently present any
conflict between the interests of the City and other clients of counsel. If any potential
conflict of interest arises during the time Counsel is representing the City, Counsel will
promptly inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Counsel.
SECTION 9. COURT REPORTER SERVICES. The City has a contract with D &
D Reporting Services for all court reporter services, including the use of court reporter
services by the City's outside counsel. Counsel agrees to use D & D Reporting
Services whenever possible.
SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel may
cancel or terminate this Agreement upon ten (10) days advance written notice to
Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder
and shall be reimbursed for eligible and documented reimbursable expenses incurred
prior to the date of cancellation.
SECTION 11. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
Page 2 of 3
Item # 5
Attachment number 1
Page 3 of 3
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement
as of the date first written above.
Signature Page of Legal Services Agreement between
City and Klausner & Kaufman, P.A. dated December
2009.
Countersigned:
Frank V. Hibbard
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
William B. Horne, II
City Manager
By:
Attest:
Cynthia E. Goudeau
City Clerk
KLAUSNER & KAUFMAN, P.A.
By:
STUART A. KAUFMAN
Page 3 of 3
Item # 5
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept submerged land lease 520344583 with the Florida Department of Environmental Protection, Bureau of Public Lands for use of
state owned land under ten boat slips at the Downtown Boat Slips and adopt Resolution 09-49.
SUMMARY:
The Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida Department of Environmental Protection,
Bureau of Public Lands requires the City of Clearwater to accept a lease instrument for use of a parcel of sovereign submerged land in
Section 16, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing 39,801 square feet, more or less.
Accepting this lease for submerged lands authorizes the City of Clearwater to use State owned bottomland for ten slips at the
Downtown Boat Slips. The term of the lease will extend through July 26, 2019.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 6
T,?fi1:?ha?ticc, Fls?nr?? ???`I`? ?(1tl+:T
November 10, 009
Ed Chesney, P.E.
Environmental Manager
City of Clearwater
100 S. Myrtle Ave. #220
Clearwater, 111,. ? , 55210
RE: BOT File 'o.: 520344583
Lessee: CitV of Clearwater
Dear Mr. Chesney:
Attachment number 1
?..'?, Page 1 of 14
.111?tA`_; sd iL;,f lease instrtmient, ih7 11011 Cd LIL ,; 3t'( x'Yt1SlE"(' by the jiolarizrd ;1?P7i?llTd" ?t
Fr a,tk 4'. Nil }t: cl ,as v wayor of the City el (1oarwater (two wihio scs requuir(-;#). Pursuant to Cha t€c 61,,,.
Florida Statwes,, the names of the person t-xecuting the instrument, the two witnesses, and the notary=
pubbc must be legibly printed or typewritten directly below that person's signature.
Please execute and return the enclosed instrutrnent and any additional information requested within 30
clays after receipt of this letter. Upon receipt and acceptance, we will tra?isrnit the lease instrument for
final departmental execution. A fully executed instrument will be provideLl Lo yota for recording in the
county records where the facility is located.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please
feel free to contact rite at the letterhead address agave Gail Station No. 125) or at (850) 745-2720
Government Operation, C.'otvsultatit
l wvaua of fV b is Land Acs, a ii ' i a t i o t
Division of State T ands
ens}/tb
Enclosure (Lease)
By l°°edl?:x
`1'hi-, i nstrument Prepared thy:
1 r Hlou vo
Recurring Revenue Section
Eureau of Public Land Administration
1900 Cwoilrori vealthBoulvvarrf
Iviail Swikm No. 125
"l allahassee, Florida 32399
Attachment number 1
BOARD OF TRUSTEES OF THE Pq'M-RNAi ROVE ENT TRUST FUND Page 2 of 14
OF TITfE STA I L Of 0V - ?A
'iOVFNEIfiT l"4' `=1.1Por1„1I"NCB D LANDS FEE 'AIW 71D T T=ASF
No. 5'0ja45bi
PA No 02651M, 00-1
'1'itIS LEASE. is hereby issued by the Blowd of Trustees of the Internal ln'iprrsvc?n `TlustFund of the State of
Florida., hereinafter referred to as the Lessor.
WIT TF SSFTIJ: That for and in consideration of the faithful and timely performance of and compliance with all
terms and eonditinn5 stated herein, the lessor dries hereby least to City of lt-?r, v,:rre . Flee ed,, hereinafter referred
to as the lessee, the sovereignty lands described as follows-
A parcel of sovereignty :submerged land in Section lei
Town:;'hiff ?"J outh, 1Lan?c l5 t?.?5i, »r ('lr;i? wat?-r id;uh{,e_.
1rXt'ltrj44r?r lrrfi?', i'+mll8nir?ls? {9,„f7t v?iie;aer fr'e`t, r11ol E', O}. less,
as is more paiticuiariy described and shown on
Attachment A, dated.pril 14, 200-
TO 1tA,' CI SE Cis- the hereinabove described premie,cs for a period of 10 years from July 7, 200 , the
,
effective date of this lt,;rst, 3 he to nsr,4 rm c km litions on and for which this lease is granted are as follows-
. t1`rt. rift lT4t?3} ?I `i'; `lll? 1,? v,i.r i; h? ?r1'4 .moko I io ,iiie, e 'Iml ol, Ii"ht, 110_ [ i1n, 1.11 dity
(150_s14r T[at_a1, 10.'sIilrs or soi rprris?nty_cubrnrrt e.cl l,r ids ?nrl l•1(e slips (?n pr ate suhmeriwd lands exclusively to be Used for
ntaorr? er_frer.rz_a_titrnal vesst2j; in conjunction 6th an upland marina, without fixhnt, farihtit;s ,6ifi a s: vi e }rt,?ttait??alt.
faCilitN, if it mcetS the rr,T ulatrn y recluirrnmrtts ufilre Si?!,V ui >Flrsr clts T?epartrntnt of ' mb?ironnrental tmruieCtion or State of
Flr n&f 1), 1,,11Irm of t)7 6lr,rli l? vvlril li i y'et' agency has jurlsdit ion,rind ?, ithout li,, ifir,.ard-, as dr:fincd in paraltruph '°i, sshown anti Conditioned in Attachment A, and the Mate ofHorida Depacr lflcnt or l'.rrvrrc)ntil tirl pitn[octr(rer, S ter rs[rllri,?trrt
Resource 1'ennit No. 'D2 0261)993-002, dated Tiily `, 2009, im-orpormf-d h-win >wd emodt- a pml t od lris lrfi.e by referr nee. The
CUHSttu(-tiole O the stiuczures deSe_e ]bed in t` nachnion A shall be completed V ithin the initial terra hereon of ?An'rhin the first `i
?t-ars tri,thH, initial term it'tfic initial team is Ibr a poriod pi atcr than ? yc-.ars The tailetrr ti) tl'w . oo,iiil,il m,'4'ate
arithori,,ed structures ?6thiu till', time Jr ' ,d shall ccrn5'titutt" a rr'iattr'zi,ll hiY,41 ?11 of t.ht le,?stt'au',in;? lore leasc to automatically
trrniiuati? erluaer Ihr? °khir rii?>>e of tln? Fnttial tr<un ?.,? fu 4t ! ?,'etzs wlri l'i'ver is "clone:, "ithuut;ziy i'ipht of rencwal1"01 oftho
ft?re?}?,c?irr? Subjc,:t trrthc- P maininT; conditions of this Icaw.
t U-'-29 1
2. 1(-,K I:ILMLNT IU L?: I t'N f()F LtsE' This l' i,- i* I,l, I'm 11) 1hr 1 -> , I I,1 Itsc t'1 "1.1 III,y th. ' d I'l, llll,, , only
f,.il' t}l1_Itic acts ririt spi i it[,. J here„' and rs ?ulldiu tjccl by tlic 5tat a,,I h lorida Lkpailml:nt of l m ronmcntal Protect Tull
consolldt11cd [.LS llle Ftlillil- I11, I c',?`1' ;11r111 11LJj , 11,1114't' 1i i'lif 1l) III, "],IIIt3V,'I iISL, '1l t17?' 1, 1"!111 111?.'llll I., 'k tlllcd
IT,, <cIn L , •.., from commercial to mLiII:I t?aitviIv tvsiIlt-nria 1, ftc,nn temporary m,lor iTiI,r I;, rt,nt:iI t?f wei ?Iij)s fit, ll rt°nisll IIf ? kvcl
slip,, to colitractual avre("Inkmt ? 1th illltd Halt. ft)i Cj?iCI.In? of cruise ships. t-ii I r nla1 (i1, 1CCrCrirll'Ii131 1tI,-,1-uIL2 Cr'af?t tip T?ntal or
tcmpuTar? mooring of chartert'tour boats, from kl idirl,', otITI(Iiidin (.01tr111e1€ial tit r't'nlII I,I'?,?' Il ?ll1?', ctt , 511;311 ;lot C}l;irlt?e'
ac,(IvItic,, in any mail nerthat may have an environmental In113aLt that was not coiif11i,-ir I rl1 II it I!i 1 ',Ii ;ll ;lnlhi+I 1? 1111+11 or-
re=rulatuTV penllit, or sflalf Bert (;haltge the type of use of the I Ipirinn uplands withc,Lit tirst clh aininl ri rL:L,uI,itor-Y Attachment number 1
L+crmiI modified peTmIt_ It-orPlical)le, a nd the f,essor's i?i,itII'm authorization in the inrm oF!i mndIi-wI] lt-as:.ilic TSR r P1f14
additltlmal tees, lI'aflplicLthle It at any tithe dui-in tlrc lea term this lease: no Iowcr -rr i tia : the I(: ulm rtllents of
19-71 01 ](1)(h) ' 1? li11 iAi Aclnlinistrativt° Code, for a fee waive (I 1+ i,t the I c; ?,ffall he required to prly all
anllla,al lease fee in ;accordance v, ith V l 18-21,011, Florida Administrative Code- and if apphl- Add, 1 cillove any stl uulI,t es
xtihit-h may no ionter qualify iur authorization under this lease.
3. 1- a 'a?°il N.'?TIC N OF I fSSEE"S l Et-'()h.T? "1'he i_ t,ssor is ht'Tc lh I ?,?l,ec ificall,y mit}ir?ri?eri and empowered to
examine, for thC term of'this lease includiti any rer(? al,, plu; thrEC ("T) tiddaiil lal ; cars, at ;ill reasonable hours, the boor's,
recoi,ds, uontta?tt? and other docuuicws cotlfirilling and pcttalllitlg to the uultipufatiun ofannual lease puyulents as spccihA itt
par.:wraph Two (2) above.
4, MAINTENANCE; OF LESSEE'S RECORT)-,. 'T'I[(- t. Sr{' 'Sir, l1 lat<aillt sill 5c:I1ar'r1t. ,ic( vullti1 , 11_t Oill" ill
(i) TUl revenue derived dirprtly from the use ,f the le't.te:[j pl'1.'lill ,1^;, (k) the .:,I(?:r P.'V1'IIllI, dc'ri'(I inflI% fT17n1 the Itsr Rai
the leased premises, and (iii) all other gross reveilue derived from the Lessee's opcir ;bons on the c lpariarl upland propert\ The
I- t'tis?r Alall Seem -, ilr6IT:1111 ;t11d kHt-p 7111 [P1.111-ljS f+11 thr" t' `I I 41111114 lease and any rt.'m1'wals plu!, thll (3) addititlila l r'.'rl>
hivriod shall hI t',;t':nl r'1 for an idditiottal t?vo (2) year" m],om r,quest for examination ;Mall record and accounts fill It asc
t°va If' ,is Ir.lu pit lji,I " l ky tltr,' 1 G ;:;51t a
5. PROPERTY RlI l The Lessee shall make no Llainl of tide or inlcrest to stud land, hc:rcirlhl_rfure described by
rr;Ii'' uflll', t'Ll Ill v 111 u"_ 1h?r'III'
, 'illd all title tall'] itll('' ?l tt' "'Id jaud ln_r?i11h'_ft1k' d'.'111ll;d is ill l [
The T' pi-llll'lt-l fi1+l11 ills 111'1111'' I,r 11,in'' tll\" 1'u111 111.11 full, ,rl 1t1 111'.lull'' ',I rind' 11 ' Tncf'1l 111" 111'' l
1,'ascIn-]d llilcrn °.I ill -arid lan'ls intu mv loan uf'pl?r:?wn,rsllip, includin.' 1-1ut not hlltllt d to ,ttly iolm Ot cond"tlIll iIll lI or
t.0{?l}' 1;1t1Vt''tl>4'iICI'i11i11, The Lessee iti fl,utlii Ipi ohih1iod from ln;il,.111 ' iny crlallll, hil lulu '1111? 'if. verlim."blew, d-w 5':1id land,
ci the use thereof; may be purchased, sc ld, or rc sold-
6. INTEREST IN RIPARIAN UPI :1 ID PROPERTY: llw in": ill ' Ic'rin taf ihiti lllr Lessee shall n`lainttain a
lcaseiloL or fee simple title intrrest in the ripariarl upkInd prop?:Tt? and if :,L eCh ;iii l is terminated, the lease may bt
ter•t7lltl'at?.d -IT the Op,1111r1 1.-)t? rh1 l ]'I1Ui Ill 31C anitiot ft I nllll',irltJll I0 the' l 1,.>1°i?' l+-,Ilt 111 f 'e Simple title illtt l r' 1 in
the upl,ilt,_i piop,eil Lc ;ee s11a1] inlurnl and potentia) buv?el ur transferee uf'the Lc?-re's upland property interest ofthc
existence oftfiis lease and all its tern;- tied conditions and shall complete and r>:ecute alrv documcrt? required by the LcsSor to
?'ct iii' assigiintent of this lease„ lI consentcd to by tht i t sti1)f, l';Illl,lr 11'1 t](I So l; Ill liI- i tt lltt1w 1'essee horn ref.?1 7115'1f1lllCy
for ball conli iliance with the tcrtris and conditions ofthis le3re whlc}t inc ludc_ 61tt an rrol firnited to, payment ofall fees ;in,Por
penalty assessments incurred rrior to such act.
7., ASS1C'I` (tJFN I ()L LI' 'I Ill LiLr_irneclor uth??rtiri?e transferred Without Vi ior'srittcn
consent of ihr 1??,l' i'r or It d lIy a'llthUl J, Il ?I't;nt ;1l[ h l?`?II'Il1IJt r1t tll ilfliv I ll''19I,t' r 'Jl.{It h 111111' t tt1 '111 1 "II'lltrl,}n
all(] ptovi'.111'rl of I!LI14-il'l'lll?'I11 ?l l 1 All' alld '' t,lli:lhlr 1.1ttp Inlu`6 dlld 7i'N,Illtitll?II`_. 141 cffc,, L at 1}1Lit iiint'. Alit/ 3S?1t1dlllli'nt or
011je1 11CIn61C1 13r 11110111 I?r1Vr Y,rlttCn c[]tlSclll (I]'thc I k2--,of }1 c31] L,e r l mid % VA 1%it11LT It t leg, iI - ffCCt.
S. IN1)f NINIFi('ATIt IN 7 NN'17 S7°lt;A`l`7 OX CAE ?T 1 -CLAI1N^IS_ Tile Lessee shall iii vcsti°.;ate .tIC claims 0feverv
nature al its i.xlicuL,c L;'LL patr,, i; rcq,ort,tblefor alI Iersunal onll.Ir}e tlnd f;rc'}rc'IT?' daulal't ,1111 liut<ihk 1',1 t]II II'_s+I';t°tit acts or
ornissions of that party and the loth rr5, '°tlalall "lltt 'i-L1_ nis tjlc icuf. '.?uthin'ti hcrr'irt ?lrall Lsc cuastt 1_ic aL- an indemnity or a
waiver of sovereipn immunity enjoyed by any party berol 1, as provided in StcLIlon 768.25. F IoMda SlJlLites, as anIendk'd IIom
time to time, or any other law providint,; Iinlitations on claims.
9. VI"Pti1 f _ 1 Mule as To WIN, litigation IT iTini?, fu'l'l ut.litc'rs IrlLilli?,- to this lease and any such litigation
bcn?ren Lessor and Lessee, shall be initiated and maintained only iIt Lco11 c o u i I i 1 Il.?ridi i
PLw l of 1 I' l
Si,Vcrv:ir'lllv'tiuhna'I?r 'l L<ind'r L?'ati'' N1.1, I?S1
IU, W;I k K, V'r Iivll'LI,?I?r L'I I I,..%IJ[-AI1ONd IhI' I '11Jr[, it:'?It, it, ,ul 1, ,;i,I Il,ltl a''i-1,, loabitic bythi.,
provision's and corditivris herein art town and said provlslony nol r'nndlllnns J all hr dopmrad I'nVCn= ICI the Lessee, Its
ue'.cr Ssrlrs and atisi,'us, Ill the e1'e1t the Le ;tree- fails or tetu.;err to compls With ti)c privision'_ Jild conditiun-, te1C'al set 1°orth,
01 ill the- eventthe f +-""PP vir+IrltCS da" otfhl prl'vi,iiln5' dllrl rorditilln, Inii?IJl sl°t fni-r 1, 11[d Ili- f r?sre t)o' Nit rFfnsrrtea
con)pls earth amof _aid llrtil' or condhionn within nwne I;NO dx r, of oKcil)t uFthr L?????or s tlotiec' to ?oia?' ct, this lease
iuat' lit tl i mated Irv the Lesqu up'oll dlilt. ( 05 da)s "Wen no n-e to the Umou, 11 eamoki . A of the at,mc dcsenbed
In" Cl nFland s' dl rovar to to i mqoi, 'V1 ?°l?5ts and ,num n"v'o pes illcllH in W I F?r'r'or fu rufl,rr, Q W prlm,lcan }flbis
leave hall he paid by the La: w rill notices re:clnired to be w en to the Lessee by 005 Icase or applicablet law or Attachment number 1
lrhnnli',tt,ltive lulu `"I1 ill bE Ili'tiI lc lit it r'ctll h\ Mall to all, tolloi?' no, al ?drr ss. Page4 of 14
1 of Clearwater, Florida
C iI i,,r «,,-iy 1310
r1cari? tii_°r, FI 3767
Ile Lessee shall notify the Lessor by ceitilied mail of am ullanr_e io this uddie at lc isi tell i(10) daft `,, l,ietitl e the chrill? e t5
effective.
11. "A kLti A tit") 1` Y `,5 & I SI S: l he Lessee shall a,:Yuinrie all reTons ibiiity lbr liabilities. that accrue to the
subject property° or to the improvements thereon, including any and all dwina,sc or Npccial assessments or taxes ofevery kind
and description which are now or may be hwe'afttrr lawfully assessed and hvwii against the subject property during- the
effective pericnd o thl, lease.
12, Nt.IISa,W TS OR II.LF.GAL UPFRAT'IONS: Thr' 1,essre And not permit the I(TraSeif pT1L'Ddsl's or any part thereof
trt t}r' ilsd'l rd- nl-('llrjO+ J )T any purpose ot' hilyn ss nther Will }ieyin s1]trfked unless such prClpo!,o'd a,C .1112 oi:C{lparc. are
cunscatCd to by the I , or and the We is moditied accordin_k nor All Lac knowingly pl u h or adl,-r ally nulsdno?s or
11' upcJ,lL1r1n5 id an',' khid on the letind lilculucs.
11 's AITNLT7,1's, E nF FAC IL1 I Y ItIGur TO iN'` P i' I he t C_ o; shAl m retain On VA wd pwrn ;. i in Dliod
C miallttilr. f'. •'I T rhr' Vrlll'tllnC 11111 l oii,'.i1 '1Vr 11Ji'.r iLd Ihl'"IM in •i pooil ditr of R-Idlll Ill 111P iilt'I r. Sty, 411?'I 11197h 1- li'?i 11 h, -•ilely
tand',welfire. N ')'lo, 1, or I'], 1 :hall I11. (')n,tlut1'tcli ill ;lrtz; ulan[W that rvli l atlnl? IJJlnl (rl Willllifl . I'11 ? t' a', d I r,till ,Mill
be yub3ect to irspection by rile Lusui l)r its desigmitid at rlrt at any reasonable tits e.
14. ',, O,, I W',CR1WQTit=)h: fhc Les'CC,. Oak rim discriminate a"ain :t anv iildiOdl_I_Il 1 acaulse 0 that indi' id"al's
race, coke- ri I[ Jor wN, tiltt( nal mn rni, agq handicap), orinarkal stil s m ltb tc,ll'i , 1 ll) ,1, tl? it, ill I Ins' "; ithir ill'' 'i Ca
subjed to dos Wase 01 upoll land, ddlatellt to and used as in acljllpct of the Waged al ca, I_irlt'Ill':; the lease teri7l, the I -C-CC '.hall
past and maintain the placard tiimiNhcd to the Lessee by the Limmr in a hromin"t and % imble location nn the Ic.1 std prrn" e-F
of arllacent 4?u;itic>,t attic, ofthe I r L", 't. It shall be flo Ir'Iw1o,il'aityr ofthl [ I -r lt, }nltit dit: fl,l? aril Ell 't oldlITli l %rnil h ", ill
i,y idr pl nirl non ' 11 iIJIL r lcrn+?nl,. 404 in rite event that ;aid PHCM d h?hntnl llle!tible at any limo ldlirild? the t"rn7 of th[?,
lase On,IAQ min eXteRd ons thereof y. to notify the Lessor in writing', ,o that 11 rap Idc lrlent rimy be provide d.
1 i? l'1 >Is{ 'I- NIFn7 r, ll' ?' I 1t ?KK: No thilwq or sup au ?-;ive failures, on the part of the Lcssoi° to onforce any
provision, nor ,iris "alder or succe , y%L oao a s on its Film vl any pror Won havili, sliall operate as a dis li 11 ?C thel eofur
render the sHine ln0}3:'I itiVi [31' irnp'nl the J ni nt ill tile' I.C,rSill to enforce the same upon any renewal thereof or ill the event of
subsequc lit Inl' a ll of breaches.
16, I'FR gl` ;i[ rN' il{.1 :1 t FD 11pon expiration or cancellation of this lean: all permission granted hereunder shall
C OJL?[ and tr1n"lo`1d.
IT. RCNI;_W8L PROVISIONS_ Renewal of tili's lease shall be at the sole option ofthe Lessor Such renewal shall b
SUN, ;t to the terms, condiQuin ,and provisions of manvement standards and applicable W s, rules and r. t'Ilfrllions in r-ftOo 111
My time. In Be ex Wa [hilt I C" m I-s Ju tall CCun11AVUr a A Ills lrl nn 10 wit, ]row, I& I r..=1'c' ma!' nppl', in ', Win Ior .l
i'r° w wW Sm h >iphlir•,i km for wrin"al miro hr rr'nchvd b', Lessor no sooner than IS loss 'and no KhT than & ld c tll'A r;,
the crtpiratWn dme ofthe ori;,inal orcurren[ term hereot. The'tcrm ot- ioln; rrna?w°ll irl;rrll ?1 ht f11 I ?_ 5Nl1 l rh,llf , onlInI do
to last day of On pin villtl, Raver Cc f MW 1 C4we KIN W Il°1'1 r1pw% ho a W, "?a1• or in the c'"'cnt the I e -or doc?' nut
ghmt a r ilw" A ill, I C.'-PV hall 'rat d o 1JJP Kid pr mKc Wd rc:rl{lv; A Inl"Wi., nad i,on n[alit lx-1 app Ill ,n l I, I
t1wreon i11 Its PXI)CIISe I11P ohil''at, m tit it:IllUCr -1k `?11 11, illy, `''111thotlr' d laI1 in IIl?1J11 ti I Ill ,lliotl of Ihr h- iH '.ti.111 rnn Millie
ari dttimoo i 'i c n??r: tlsmt ll[,nn thL. ritIslrii'ul llphdol Ia, llr'•ri!.' In1l1C r.I"rl -111, 1' s11il?rd in AILTiIllln'nt I' , wll[( h , hali r11Ca
xv'ith the OR to s,'aid rltrmIn gUand pmperty• and shall he hindillt; uporl La. spa: and I rs,r' I's,ue r' I s oi,, in girl-' I,1 NI ?:,ill, nI
irnCI last.
Page, .3 of 13 Pages
Sovereignit Suhrn, rived Larlll, I I'a? No, 520344583
18. RFMC)'dAL OF STRI t-' l"1-lRES/:'s'v7VI 15l RAT1Vl- FINF? Ifth - i r s r Ilo- i1,_,t rrrn,,?r ,61 inn'it]rr,, jn 1
ecluiplrent uccupying and erected uph+ t}le leased hrerni5cs attar c.I?lratir?n yr can?cllalic,n o1 this leL'l;'2„such "(tL1L:t11FL' 'Ind
equipment will be deemed forfeited to the l.tti,trr, rind the I ?ssor ina autheri,?c rernoval and may sell such forft-Ited structures
and equipment after ten (10) days written nuti?t by (LCrtilit'tl nlttil addressed t,) the Le;.;tz at the ,address speciflcd in Pau?t?-raph
8 or at such address on rccord as provided to (hc Lessor by the Lt', 1 IrMcvc r. ;,t,ch rcmt-l :,hall be in allditiun to all other
remedies availtablc. tee llw i i,riti- ipplie ahl,- rl]Irti .,I+,l illy ri:'lli t„ ,+i11I,r1 Irliir of 111
structures and the ri ,11t to itnpo-e :idmini-trative tines. Attachment number 1
Page 5 of 14
19. RFisJt VA i.. CT)'''i 1 ;I I I 'N ON Ril"AIi1A N I IIII AN I ? PROP1-RTl'. Any costs incurred by the I in removal
of any ,n uctui e and o.juip pent I-onstructcd or- maintained on s,twa - lands shall be paid by L. s and an-,. il rusts and
? spy ll"", tiha}l t?,nr;litIIle a licit upon the iutcar?;t l,fthe Lt ssce in [he litsarsran upland p,ri;hrlry e]Itoiceable iaa suIiIII?arv
11r„r , ,iil]s?: ,rti prn? id,_?.l by law,
?0, RT ('Mel-)A I ]O 01: 1 } A`'F_ `f-I]" I r11?'L', sl1 jl? own 'Xpell Slmfl l?'t,n,1 this hilly 11t,';1 IoLi? Ill it's'
,,ruin,, in ibt' pllhli? icl'crrl,. ,'f Ow ruulov within t, IlI 'h t11r I,'tsa" ?'jll° is Irlcrua°cf vwilhill FI+JIW] °u ( l I t Oat' ral'i;°r l rl ,?il1t. tend
shall provide to the Le soi rsit}tin icn t lit) day: fir}lor,.irnu tht_ tccordatictn a COPY vt`thc recr?rderJ Icase in Il., clttirat; vv?hich
a'IYnti3ln?:lhe ().f(, Boil ind Pagers at v hich the 1:'[j rI`rnt,I ,f
21, RIPARIAN R1(?HTS.`I INAt, ADJl DICAHON: In the evcntlhot;iny part ?,f'art stil ?uil hortzed hcreundcx
is detern hil by a 1i11a1 acijuclicatil [I i:;sued by° a court ofccanapetent_itlri,,Jie Tian u_ encrouth on or intc'rlere with adjacent
riparian rio'hts, Lessee a'drecs to t°ithtr chtain written consent for the crifferdin r structure from the ,Iffected riparian owner or to
renri l the intrrference Or e rcioachmi,w within 60 stays from the ilatr of Lhe adjudication Failure to comply with this
partwroph shall constitute a ril l?rr ,lt h Of this lease agreena rt xid -:Il]Il be pi ollnlls for unto'-,11 ate termination of dais
lease m?Tccmeni at the option (,if [ht 1 eL„inn.
A%1F[4Tt%1E'J-', I '-"AJ It II}?It-AI'ICTNS 'I Ili, Ile dull utll?,` ,t,l?rtlrrnY r ru LIP- IIIS
PFOVIsion L11c not rc?cr?ablu_ 'kns uolendnaent or tate,diticatioti to till-, Icrc-', IuuSt ln_ in w111111 11W4 hi
and w(,11 k% 1h.: i and l,c'?-oi iil,i Int1,1 ti 01IIIrlv, lit) Ill', t4alro??? ,11:J 1,1Mttatt'in ?>,iarrlt alt ihr tithe of
t}le v rtatiott ofthe Ilaodification or atuetadnient. Notwithstandir?, the pro% ision.> ofthi:, parai-,r-aph, if mooring i authutizcd
by thl', Ica:•e, the I.e;;te i„ay in i:a, l boatllt s n ithiu the lcase:d premises w,ithont formal moditte about of the lease prw+ Aed that
(.Il tllr i r, rr i.,l,lilll:, ,ail., :-irfai.:. i„,.,11 r,11' li. I `7,it di a[ may be rekiluII[',I 'I11,1 iIa)11 1,- 1u' '111U11 ui ,1'f €lu_ lilt doc,, not
iIICI 'LtA: the 11101)[71 .' cap3Clt`r' lot t11,• f3CIIIT'}.
21 ,hC}V R II51 VkN"I /' 1k INti;']` ON-WATER DEPENDE ,,'l ACTIN' l 111:S.:1FOITIt1NAL
.1CTII?ITFF ?MI'?.t=aR `; TRI!t_: i L?P \I_. RFf,, ii, `.o penrrancnt,?,r 1,llq,ul ,I J'.?Ij di ]ecttd tc, thy; I,?? It i11- 1 (II'lic
adve1IIS1 l' tl]C Sa1C of a1l-„holi1 lit %vi Il't-, ;131 1} 1`r: Clccted „r' Ill?e' It l4 tiI]II1 th. It li l'd l tt IIIiSl ` t`r1 f 1, lli'1111 ],i d]IklrSl
cie itL lttPs arr l,] o,.,-in- within iI-w pfemi:;es. The Les,ce sIwll °rsl_tre I-hat. do pt'rtll?tnrnt. trmp,orrtry or 11oatii,,-T structures,
fence',, ducks, pdim; ,, or rijiV structures t%li?c use is not w'a'ter dependent e?hal] be ercctcd or conducted over sovereignty
Iuhmcrs=ed lmids ?,rithnut pri,-,r twti , ootii, [ 1iom the I.Ir No a,l,iiiior,il ?lnl, iilr?, ill I, li lctivilics uacludinP, dr{',f.rliag,
r?lotitinnr'rrali fntrj,nt or rnajnr rc°pairs or rcnnv°itions Lu xiihorized stiucitales. -;hall ],c ctected or cotiducf don of ovs;r
sr.c]c]anty-, ul)rIll lxii1, ?, ithout prior written consent from the Lessor. l'n1e.5; speciticall? authori?t,a in writing br? the
LcS;or, such activities or structures ,hall l,1' ! onsidered unauthorirrd anal ,1 viohili,al of Cll,rrtei- 253. Horida Statxles, and shall
snl,jert the I ?ssce? t„a,Inainislt,ative finer under Chapter 18-14, Ffor1d., "This eonlfitinn di-,r, n,nt npph; 10
nioior _,truetural rcpatrs required to maintain the amihoril structulc,s III a A,ile of It I?.ala' Ili lltL. ]ntl:le'.t5 .?("1,lllllit !o-alth,.
sate ty >l ivelfar? : pl t,vtdcd, howevel, th?rt r11e h ,1? rntures shall not t'c'd the a(Jvitit's ?tuthorized by tie- a--reenl
V 'I`-I10KILATION_ Prir)r (o ctrl?lirlellXIII, lit ,Jf Iolltitt lu:rinII :Ilutfifl tibiticS fllIllhoi ized htrcil 1, the
l.es5ee shat} ,_,lrt?liil tk- US, Anny ( `ui pi of I:n;,iiwr ,i t (A(70F3 poeSIll II i hit is required pry tl)E _1L'€ Il? Any taloditicat'orr to the.
?,m',iln, Lion ,llldlot tiviti':b atzthultztd hc'r?'in that flay be rrcluircd b? thh at:tJL::fu1IJ rcgl.ttrt c,,uL,lllc'ratu'a I,v and the Itu,,,1
Written r1l,prt}tal I 1 ?.:,:.esr priest to the con]turue,.l,l?l]t,,t ? otl,iruett?'u ,,u,i''I .nit 41' tip ilia: u)I 'tlberII II. rulvut?rzt°il ],bids.
?a. GOMPIJA'J; I 'It4'I"TH ht.(=Wil'tr'1 i Ar1 Un orin conlunctie7!] ?'vlth t11, 11 <" no thl It'ILWrl Ilse nlis, ti Iht I ." r
sh'i l,lt ,111 tingescolllltlp c4lth kill I 1„I 'f;I Statllti ; and ill a,l:ltillirtl?ztiret°ulc? puinltul_al tllcl?'ull tr Any tilda"iitl !tcii,,'itf
Whi, h ,?, , llr't t,il i-h Jcasa°tl l]rcnti; or in i.onjuuction 1%oli the use o1 the leased prcraal?,z vltl ll l'tc -rounds tI the tv. Illlillai]rsra
of tint, Ica ,c by the I,ef,sor.
nverei8nt? Ithnaerr ccj' f.'_i]tds Lease No. y '11_l'I4 t8
26, t l i TI.5$C ,T?TZ?'? The terTji "livv"ihnard" is dr fiiicd ?(s yr ?scl t'lnc> i,rfi it t11r, fill lilt)' ti,iti i? lhrf,ki t J I)v a ist ? 0
persons for any flee (5) consecutive days or a total often (10) days within a thirty (31-)j day l}eriod. If liveaboards arc
authorized by paragraph one (1) ofthis lease, in no event shall such "liveaboard" status exceed six (6) months within any
tv,,elve; (12) month period, nor shall any sitch vessel s crir5iitlitr a, lVgr1 Lit 1r;hi1,41 y rYtiirC lIr r,
?1 U, 'u1e1LLIN:L \,L'-'»LLS: ]During the tciin of thr:; 111a3c and wry r;nc??als, it;rr.;1'r1?idltl?,1tiot3a or
, ghment number 1
assignments thereof Lessee shall p1 clhitlit the operation of of entry onto the leased pt enrises e f arnb[in cruise str-*Ka
vessels that are used principoliv fua the purpose of gambling, when these: vessels are engaged in "cruises to nowhet+py hW
r?4
the ships leave and return to the state of la'lorida without an intervening stop within another state or forcign country or eaters
wilhill tire: julisrlie:rioiI ufanothe:r state or fbicign country, and any ei,atercraft used to carry passerrgers i_s j.nd Iiuirl strs:h
gambling; cruise ships.
28 SFFC'TAL T F. k. ?Fl f ` )1tiE1) f C l't ;
A. Within 30 days after each anniversary of the +--ffectivc date: of this Ic::Iso, the Lt,ss o shrill submit, annual certif ed
financial records of incorne and e:ipcnses to the State of Flux ida Dvpar tiiient cif Evvii oniirental Pi ty er:tie", Division of Late
Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS DO, Tallahassee, FT 32399, "Income" is
defined in subsection 1 y••21.f3t33(7) Florida Administrative Code. The submitted financial rt-rilyds shall be certified by a
certified public acct>untant-
B. A minimum of ninety percent (90%) of the west slips at the docking faciiity shrill be made available for rent to the
general public on a "fiist ?-orne, first served" basis, is deiric d in s:ubsec:tiort 1?- t.CsCa3j"?5) Florida Ad min Istiative Code, with
no longer than one-yPear rental terms and k ith no automatic renewal rights or ck-mclitions To help ensure compliance with and
to assist iu providing pkitlln. a arriress of this rcyuilclnbnt, dlv Ltfs shall pt ulent Si r; Its aithe ° airiFVali? trrtr°arreeto
the dock' ,i ility an(] to thr ll[IliiiId tintri,rree too I,- rl(wkins, i'srriii,N, c.vhi"Il ari- r?lr,"axly visihls?tsl pawsins?, hn3ters and tare
genes al ptiblic The is rrs shall ?;on( tin lan uar e clearly indicatili r that no than ninCtNI pcrccnt C'3r??.,a of thc v,,ci Hips a1, the
dockini" facility arc availgbk troi, It jj I thr, pl'7it l'A I IIf IfllIt . "is1y durL 1 Ak 'j t ??u)ilYt tf?11llI f r' ? drl ?'W'r[1?' Anil
the di )?i,itai ibidroll clcall};slate 1,11,41 uri less [11,111 1li)ICL pc1 11cnr 0
) uftlrb r3ct slip:, t the 1? hinr*, faciiity are u n to
rhi r1, tir T:il 19riNIr nri " 111-t r, rrro 4ir".t ,0, 1' h, :i
Page _5 of _ 13 Pages
Sovereignty Submerged Lands Lease No. 520 A4533.
Orin; final Signature
Printi IyPC N Idle nFWitness
Print'Type Nance of Wiwi, ,
STATF OF Fl ()I IDA
COUNTY OF LEON
(SEA[,,)
BY:
Jeffery M. Gentry, Operations _md 11anaLenienf Consultant
Mamv: I? Buri:mj of'PTibiIc Lan(l Atimini;.iIai oii,
Dig ision oi` ;lau Lind,... tit,.ire of I- loi Ida llehartment ot,
flrtwII ,ai,ir[0? I 1 PIi4t , Igo, I, ,L, ., ?r?ur t"r ?in,i I II Icalf ol_lh? I I,w.ird
of'l'tu,,, „I' +L, lrir?;°[rrtil' 11tq, ?lrnir rtTru-i Fund of' 11o `;t;,t,,
of Florida
Attachment number 1
Page 7 of 14
"LESSON„
TFir fi,r'nnuinn„sriu3i,r3it ?tn5 r,i ?n,+i4ltilari?i I?? ?r+ uu. ibis (,f`
Jelferi? 1. (Jenntrv C pk MtioiiF and ivla11a_,e17ien1 C?tti?.ultarit n?lariti ar l3ur???trr ??f`PrEhl?c t_ttn?i .' l-lnlini?tration. Lji?lisior of State
Land tn of oI')da Uctrarttltcnt of I n? Ironnl ll,tl Pror?ctit,n, '?ts a??cnt l_it and on bL'hal.l of the Board o? i tees of'tllc
111II-i11,il1111F?IoyClii,'11t IIUSL Flla[1,'i tlic t,ilr??1
APPROVED A") i O l'OK',M AND 1,EGA1.,1 l
Notary Public, State cfFlni iAi
L)FP Attomey°
Pritm2d. I yped or Stamped Name
MirComrriiss-on Expires:
Comm ission'Scrial No.
WITNESSES:
Uriginal Signature
l ypedlilrinted Name of V i1-i
Original Signature..
Typed/Printed Name of Witness
STATE OF_
('OUNI`a'OF
C:.iir tOfClc:,tr«,trer. EIorida 1`I-AL1
UriLlnal `;i_tnAure of Lxecuting AL a
F?;3n]< !; Hihhar?l
l vF ?:d l'tmtcd Nk tine- of Ly??iiting Aulliorfty
Ix, or
I ok cTf l xccnti?t- Atillitiril§'
h1? f ?i r•?„iir<< i1i?tIT IT i,'nt v I' ackirrw9,°,2??rd kefiit? me thi dav iaf ' lip,,
Fran V flit l?ar?! tai 1?iliii. fcir acid ,rr h?ha]t ??1 ll,e. t'?tG ui t l? ,irf ,its ? Florida. 1 is is pUs0fla1l4 noWn to me or who has
produced -- - -
as identification,
My Cou-inissicin Expires:
5i_nature of`i oi,ir,v Public
o taTy Public, State of`
I
Attachment nuf
Page 8 of 14
tber 1
I III I€I?,-I.
I
I_ I
? I I? rr
rE
r1.
- ? I s it l I -? - C
psi ;?
t
I ? 1
?1 ?
I
. I
t
? I
I - .
?I I tl
?J1 ?FF
C
-IllIr]F l !I'
Y7`'?Ij'
? if??l I$Yd
_-
r
I
-
-
I
I S I
)
v? f
VI CN1 l MAP
"don
(N {.
ot t, o T I e) ?* yy ?CI iF
*JjT
CFR7PF is Tn-. ` X63 Gi;li?B L? IAND ...L,EASE I31€.FD`,III1oAfOF)
Er of rra,sti? I CL ??TFRAYR(NT MARINA
5E hJ 1 3 Tt7WINSHIP 29 S ?P4J E 75 C
? .
N777 - I?E3 f-Inn
p ?v r1911fl?C J11, I,k S.d Ail Vlh III INFK kIN,r IH}-1. IN 1. fu 0% II.INIUA ±5707 -
': SY ;.? , it I' R44 f7p SNl ?I]i) H?? 4511 Fbx. (177) H ) 2'O1d
f ... nikf. ti
uI rrlr?:H u t n ry.I,m Inr 1I
?? nr 1C ? H1r, Ir r uk ?NMrNhi ?Ir?l ?HI_1
I' ?? I'1 lAht 11'?HJIj kAF1 if sal Aryl, F?,I AI WR N Akl l?t• J I,f ,
A ?( vnrr??,l I,wd ill lt,Iir, -ovcreign Londs of Clearwater' Harbor, lying and
beimj in Section 16, Township 29 South, Mange 1,5 Lost, Pinellas County, Florida,
Commence at a l Monument "HARRIS K", located tat. the Snijthe?iqt corner of the
}unction of U.S. Alt 19 and S.R. 590, in the City of Clearwater, thence SJ91°42'42"W ,
1263.94 feet to a point on the 'Southerly line of Heed No. 17,500, Tract 18. Said point
also being on the face of seaaw(ill and thr Mervi Kyh Water line; thence along said
Southerly IinF of 0epri Nn. 17,5f7), Trnt,t 19 N.f39'14'27°W., 56.43 feet to a point on
the $yo-• A,,tly Tin, ,1f Cl(-Hrl NCI 14t):' ',() (aI1+I thu F'uint rrf Pi+:,iinnirag„ there. eifr,fly ,,rid
Westerly liti n# ?eetl N,,, 13`J.93 {,',- L tU a point. ull tJ,t Nurlh
Right of Way Line of T,lernoriril Causeway; thence otong said North tZight of Way Line of
Memorial Causeway N.63'2S5F)"14' , 259,10 Feet; them;(: Icnving said Bight of Wray Line
N.28'11'24"F-„ 192.32 felt; theiice 37J-I,'1 Fret; th,li, r, ';.)4'42'58"E.,
116,ut) feet to a point on the Westerly line of sairt [feed No. 1I,`:(}U, 11uca 18; thence
along r,rlid Wl :'Je6y linos of L;oi(i 1),-d No. 17,5119, 71 oct 18 186,58 feet,
th,,fwia G rrnt_inue rllrn„I said W,-,trliy ling of sai,i l r;,:r1 ).l o, 1 I,`1[lU, If aca 18
`J), `0 J"(1W'W , 1'100 feat, iher{r -- rlfonq th, C„Illhlrrly kne of •-,r i i i , 1 No, 7 J,`,iu1
Tract 18 161.23 feet to the Point or i3egi rs nrT.
Containing 39,801 square feet or 0.914 acres rnore or less.
L.FGFNM
A.. i:levation
F'LD'I Florida Department of Transportation
P M Profu:isio cut Surveyor and MappLr
R/w Right of Way
Sc1. Ft, Square Fret
NOTFS:
1. This is not a boundary Survey.
2. The fq ,, of seawall rav shown hereon represents the
approximate Mean High Water Line.
5. Le:mse Area contains 39,471 square feat or 13.906 uLr '
more or Ic sn
4. Site has ril,F,r„xi,reately 0 f(?r,i LJ Rural i+horeline.
5. R axis of LJc,)ring is krill N,rrfh.
6. L4.,vutloii r, fr r to this North Arrlr l i`c,Ili t+r I tk rfl Datum
(,f 19M, Fieli,+rfiork: City of C`i,rrrwntor Fen, h Mark
"F--05". El,;vction- 6.5075 feet NAV17 68.
7. State Plane coordinotes shown hereon ore based on
`JAL) is-5 (north American Dottim of 1983). Point of
Hf-gmrring coordinate-, biased on sub meter GNS and
;rn1 rl from drawing.
CERTIFIED 10:
Board of Tru--,lees (TIIF)
ME'd CHIEF
Attachment number 1
Page 9 of 14
Et. A;: per field inspection the approximate
Mean 1-TigT, Water Line oppeors to be at the
seaward fn,-a- of this exi;fing seawall. Tlir
upproxirxante Moe l h cik Water I no +a: ?ihowv i
on this rrlup is not u tidal Property t,ntwdory
and wu., ii,-,t in with
procedure`; cp eiticd in the- "I arida Coastal
Muppirlr) P,+;t r:+f hoI[ 6 1 177, I"ort 11
of th,1 l 1, li,il) ' t,l{aif.? ll,i illu "i of
ihr, 11a?1,rlrllllr?rl! +1i klr?il+lual??n?,ll PI„ir,, ii+n"?,.
alrrl,t, l J1i 3 .rf th- I°Ir,rlcl., AdIIiIIIi',i,r+ltivr
( ncirr,
9. Shoreline I ODU linecr feet North of :subject
pl+,,ir,?lty -,II I.`.'L:; r,f 97';' '.r•:1w t Ganef .3i'
-'rrrl,ly ?:hc,lrlil?a IIx line 10nn linear fcof
autil r>f s,lliljr?,.t 11I<rprat}' +,rrl1'?i°;1; r,f 1{?0°
r7w'111 Itt l i I+,)1 1l; rr.f till. it III-IJ,
103 I r?ratinuI r,f Dr 1,, 11.4`"?t- 114' tC, n, 1 00.
17,500-A ural-i 110),'30 _j:, cslloa•arl Ili.lc_+rrl ptovided
by the City of Clearwater..
)'0l1M.,#r:RGJl,91 LAND fk_k," '? RfE q51 I Hir?Llrrylth?
AL
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Attachment number 2
Page 1 of 1
RESOLUTION NO. 09-49
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING SOVEREIGNTY SUBMERGED LAND LEASE NO.
520344583 WITH THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA;
AUTHORIZING EXECUTION BY THE MAYOR OF THE CITY OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida ("City") is building ten slips at the
Downtown Boat Slips over sovereign submerged lands of the State of Florida in
Clearwater Harbor; and,
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida (TIIF) have administrative authority over such sovereign submerged
lands; and,
WHEREAS, the State of Florida Bureau of Public Land Administration of the
State Department of Environmental Protection has prepared and delivered a lease
document effective July 27, 2009 for a period of ten (10) years to the City identified as
Sovereign Submerged Lands Lease No. 520344583; and,
WHEREAS, said lease agreement has been duly considered by the City Council;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby enters into Sovereign Submerged
Lands Lease No. 520344583 with the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida for a lease through July 26, 2019.
Section 2. The Mayor of the City of Clearwater and other appropriate officials,
as applicable are authorized to execute said lease in the form attached hereto as
EXHIBIT "A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2009.
Frank V. Hibbard
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution Note #??
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Navistar, Inc. of Wesley Chapel, FL in the amount of $113,347.00 for the purchase of one 2010
International Durstar with Nuway Grapple Body in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid,
authorize lease purchase under the City's master lease purchase agreement and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
This purchase is a piggyback of the Florida Sheriffs Bid 09-17-0908.
The Completed unit will replace G2560 and was included in the Garage Replacement CIP for 2009/2010.
Type: Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $23,576.00
Not to Exceed:
For Fiscal Year: to
Appropriation Code Amount
0316-94234-564100-519-000 $113,347.00
Budget Adjustment: None
Annual Operating Cost: $31,278.00
Total Cost: $56,725.00
Appropriation Comment
L/P CIP
Bid Required?: No Bid Number:
FL Sheriffs
Assoc./ FL
Assoc. of
Other Bid / Contract:
Bid Exceptions: None
Counties
Contract 09-
17-0908
Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 7
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provide direction and guidance to staff regarding possible implementation of a one way pair on south beach comprised of Coronado
Drive and Hamden Drive.
SUMMARY:
• A FDOT style public meeting was held on November 4, 2009 from 4 PM to 7 PM at the Clearwater Beach Recreation Center.
• Sixty-eight residents registered at the door and 32 comments have been returned to the city. There were 7 in favor, 9 may or
may not support, and 16 absolutely opposed. The comments are provided with the agenda item.
• The one-way plan as presented at the meeting was developed to organize and improve traffic flow, long-term, on the beach,
taking into account future development and safety for pedestrians as well as motorists.
• Maintenance of the one-way system would be by the Traffic Operations Division of the Engineering Department.
Review Approval: 1) Clerk 2) Assistant City Manager 3) Clerk 4) City Manager 5) Clerk
Cover Memo
Item # 8
txistnng vowmes
Hamden Dr. Coronado Dr.
NB SB VPD NB SB VPD
873 485 1358 4772 4331 9103
Proiected One Wav Volumes
iden Dr. Coronado Dr.
)ronado) VPD SB(Hamden) SB VPD
1772 5645 485 4331 4816
Attachment number 2
Page 1 of 5
In Favor (7)
Comment: I am all for it. This should have been done years ago.
When: Last year
Comment: Perfect sense, better flow concerns have been addressed. People speed down Hamden trying
to beat Coronado northbound traffic.
When: ASAP - new development is coming/parking spaces behind added.
Comment: N/A
When: Before spring break. The sooner, the better.
Comment: Great idea
When: ASAP
Comment: Good idea
When: ASAP
Comment: I am in favor of the one way streets. I strongly believe that these must be a great amount of
signage.
When: ASAP
Comment: One way traffic - very good idea! Parking garage is horrible idea because the beach will be
full of parking instead of hotels or mettles. Parking spaces are needed practically only five weeks a year
then most of the year parking will be empty!
When: N/A
Maybe/Maybe not (9)
Comment: Need to repair the surface on Hamden before implementing one way pairs. Need to carefully
evaluate pedestrian impact. Think ahead to integrate the future impact of the Patel project on the
eventual roadway. Concern about "Back out" parking from motels on Hamden.
When: After fixing Hamden.
Comment: My concern is the increased traffic on Hamden. We live on Bayside and I'm concerned about
the increased noise, crosswalks and all the cars.
When:
Comment: The "bulb out" south of Third Street should be removed and a median strip should be put on
Coronado Drive-center lane forcing exiting vehicles out of the Hyatt to go south. This also prevents
vehicles traveling north on Coronado to make a left into the garage. This will allow Coronado to remain
two way.
When: median strip - immediately or use temporary cement barriers (with flashing lights attached) to
see if this is a viable solution. The median strip could be 8 to 10 car lengths long-it would not impact
any businesses on the east side of Coronado. Thank you for considering this idea.
Comment: Add traffic/pedestrian signals with crosswalk on both Coronado and Hamden. Coronado
needs one at 3rd and 5t". Hamden needs one at 3rd and Brightwater. (Yes, people still cross through
traffic wherever they please) and it doesn't help the enforcement load. But it's training for them. It has
Item # 8
Attachment number 2
Page 2 of 5
to be done. Also will provide occasional "breaks" for folks who live on the east/west streets to get onto
Hamden, to get out.
When: As soon as the funds to do it with the signals area available.
Comment: Consider option to 1 way south Gulfview Boulevard and Northbound one way Coronado. All
businesses still have traffic; hotels still have traffic. Residents need Hamden as a buffer We all
(residents, businesses and hotels) share the beach. This would be a plan that would be supported by
residents. I'd believe it could be supported by all.
When:
Comment: Given the problem, I do not know of any less costly solution. It may be an adjustment for
some of the residents on the east fingers but only 10% of the year when traffic has always been a
problem anyway. Do we need more marked crosswalks and signs marking the way back to SR 60 and the
mainland?
When:
Comment: Please increase the radius of the left turn at the north end of Hamden. Please resurface all of
Hamden in 1-2 years. Please do a volume comparison of a flexible center lane on Coronado.
When: That is a legal and Council decision and one that should be done in 12 months.
Comment: Take the north end of 1St street and widen by a lane making it a sweeping turn. Eliminate the
entrance to the parking lot on the south side of 1St street.
When:
Comment: What is the cost? How long will construction last? It seems plausible. Can you test it with
flagmen and detour signs for one week before you do it?
When:
Against (15)
Comments: Current issue of crossing Coronado to access the beach at Fifth Street needs additional
crosswalk signs as vehicles do not stop. Concern that when parking garage full, cars will turn into
Hamden and try to Park on Bayside which will be their first available free beach parking. Can signs be
put in place showing "No beach Parking" or residents only as this is already an issue with safety as no
pedestrian foothpath and also littering on private properties which pay high taxes.
When: Prior to Spring Break
Comments: I am not in favor of the one-way street change. Please try making a "right turn only" before
changing to one way. The large amount of traffic dumped on Hamden will greatly impact our quality of
life on Devon Drive. I do not feel there is a "safety issue" with cars exiting on Coronado.
When: blank
Comments: Against--feel it would be more of a hindrance than help-would also hurt businesses-living
on Sand Key. I would no longer use certain stores of Clearwater Beach.
When: NEVER
Comments: This project has not clearly been thought through! This will compound the traffic problems
that we already have. Hamden is not set up to handle the amount of cars you are proposing. The
Item # 8
Attachment number 2
Page 3 of 5
bottleneck is the roundabout, until this is remedied there will be constant back up. Stop trying to bring
more people to the island until you solve the traffic & parking problem. This project will not solve
anything.
When: This project should never be completed.
Comments: NO! TO ONE WAY STREETS. This does nothing for the 240 residences or 75
motels/businesses on these streets, who pay 8-9 million dollars in property taxes. It would be a lot
cheaper to put up no left turn signs with barriers, to keep vehicles exiting the buildings (parking garages)
from going left on Coronado. Try the no left turn signs and barriers for a while to see if that solves your
problem.
When: It should stay the way it is.
Comments: A BIG NO TO ONE WAY!! Residents on Devon will be trapped by traffic and will cause a
dangerous situation when quick exits or accesses are needed-heading south on Hamden is currently
our only way of getting off the island during weekends/holiday/special events on the beach. If any harm
is caused to me or my family due to our inability to exit or enter-I will hold the Mayor and councilmen
responsible!! All we are asking is to try leaving the road directions the way it is-have either reflective
dividers as well as outside-and see how it pans out. Take councilman John Doran's advice and wait till
after spring break----if we don't try-we will never know for real. Studies-as history shows- are never
accurate, especially ones done by the developers themselves. This whole situation should never have
been addressed this late in the game-why wasn't this presented to us before the Aqualea was granted
the building permit?!! Zoning restrictions are strictly adhered to for us homeowners-why not for the
developers? And do not respond again by answering "Tax dollars." Go to Key West and learn from them.
4 story height restrictions, encouraging shops/rest..etc!!
Comments: Vehemently opposed-this will land lock all residents of Devon, Brightwater & Bayside-
Cars will be continuously lined up in front of my house-cutting off my driveway and access to
roundabout-ruining my quality of life-can't open windows, fumes and noise. To even get to grocery
store we'll have to wait in line to get home.
When: NEVER!!
Comments: This change should not be considered; Hamden is not a street for one way traffic: two 90
degree turns before you get on to Coronado is ridiculous! If you want to push this be ready for a little
resistance. When will the start planning AHEAD instead of crisis management!
When: This task should not be considered and never completed!
Comments: Look at the traffic and see if any problems occur before you try to solve it.
When: After the new garage is in operation.
Comments: Create 4 lanes (2 each way) on Coronado. Keep traffic flow as it is now. Stop sign or light in
front of hotel on Coronado or right turn only into garage. The median strip works in front of the Hilton
on Mandalay-it could work here. Leave Hamden alone.
Comments: Create 4 lanes on Coronado. 2 North and 2 south. Use a median in the middle of the road
and leave Hamden alone. (For people who have an accident on a one-way street-they can plan on
being stuck on the road for a very long time.)
When: After the parking problem is solved (NEVER)
Item # 8
Attachment number 2
Page 4 of 5
Comments: Try it with 2 way traffic and see if the flow of traffic is acceptable and has a normal flow
before we go into something that may cause tie-ups and disadvantages to residents who live in the
vicinity.
When: Try it two way for at least two years.
Comments: Add traffic/pedestrian signs with crosswalks on both Coronado and Hamden. Do the
following ideas and traffic will be impacted on both streets: closures, leave early, plan alternate routes
to destinations, and allow the traffic closures.
Comments: I have one main concern! How safely can pedestrians get to beach, without stoplights or
proper crosswalks. With one way traffic, it moves faster. And egress to available parking isn't going to
slow movement of traffic.
When: As soon as above issues are resolved?
Comments: 1) the Marina/Roundabout determines the northbound and southbound traffic flow.
Currently when Hamden is clogged during high traffic days, Devon residents can go left and then have a
choice of going south over the Bellair causeway or take Coronado which tends to flow better as Hamden
has the stop. Eliminating that option forces residents to go right on Hamden during high peak we have
taken up to 30 minutes to get to the roundabout. Brightwater and Bayside have the option of 4th or 5th
to go south. Devon Does NOT! Having had a personal physical emergency 2 years ago where I had
arterial bleeding, getting out quickly is mandatory. Our safety is a primary concern and responsibility.
We need to have a left Turn option on Hamden. Please try an interim solution of right turn only out of
the Hyatt. The notion that people won't obey is not a reason. There are many solutions that will cause
that traffic to turn right. Please consider trying this for 18-24 months and please don't trap us when
there are other options. Thanks for your thoughtful consideration.
When: After the parking problem is solved (NEVER)
Dear Mayor, City Manager and Council Members,
y name i William ye and I have been a all hotel owner on Clearwater each
for over 30 years. During that time, I have seen any changes, some good and some
not o good. The eacal has been one of the city's success stories. Not only has it
enhanced our area for tourists a well a residents, it has added to the idea that
Clearwater each i a destination area... not just a place people drive thru.
It should be noted that I use the term, "Destination Area" purposefully. No matter what
the argument has been regarding development over the years of everyone agrees
that Clearwater each remain a safe, family destination for all....a place where people
can walk freely and safely to and from the beach. It i this quaintness that has made
Clearwater each the 1 city beach in the country.
While I appreciate the fact that the Mayor, the councilmen and city staff attended the
meeting at the Recreation center to discuss the proposed one-way street design for
Hamden and Coronado Drives.... 1 a concerned that, if implemented, these one-way
Item # 8
Attachment number 2
Page 5 of 5
streets will move u away from the very thin that has made Clearwater each a safe
destination.
Finally, a for the speed and increased volume at which vehicles will be traveling on
Hamden rive, how are you going t address the back out parkin for the approximately
1 motels that will be affected?
I respectfully await your reply,
William ye
421 Hamden rive
Clearwater each, FIL 33767
727 461-4862
Item # 8
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Discuss amendments to the Community Development Code to increase required side setbacks for commercial docks. (WSO)
SUMMARY:
At a recent City Council meeting, Council requested that staff draft an amendment to Section 3-601.C.3.h.i of the Community
Development Code to increase the required side setbacks for commercial docks located on non-residentially zoned property adjacent to
waterfront residentially zoned property.
In order to address this request, the following language is being submitted for discussion. The proposed amendment provides for greater
separation between commercial docks and residential properties by increasing the side setbacks for this subset of commercial docks and
restructures the existing commercial docks dimensional standards language. The Planning Department requests Council's guidance on
how to proceed with this item.
Section 3-601. Docks.
New docks.
Commercial docks.
Dimensional standards.
i) Setbacks for commercial and/or multi-use docks shall be as follows:
a. If the commercial or multi-use dock is located adjacent to a waterfront single-family or two-family property and the use of said
property conforms to the zoning district, the setback adjacent to such property shall be a minimum of one-third of the applicant's
waterfront property width measured from the side property lines;
b. If a commercial or multi-use dock located on non-residentially zoned property is adjacent to any waterfront residentially zoned
property, the setback adjacent to the residentially zoned property shall be a minimum of twenty percent of the applicant's waterfront
property width measured from the side property lines;
c. In all other circumstances, commercial and multi-use docks shall be located so that the setback from any property line shall be a
minimum of ten percent of the applicant's waterfront property width measured from the side property lines.
Cover Memo
Item # 9
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 9
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the 2010 State Legislative Package. (consent)
SUMMARY:
The 2010 State Legislative Package includes supporting: continued funding for programs that benefit municipalities statewide such as
Florida Recreation Development Assistance Program (FRDAP) and Brownfields Cleanup; full funding of the housing trust funds under
the Sadowski Act and State Aid to Libraries. Also included in the 2010 package is a local bill that removes the reverter clause from the
beach Marina property in order to facilitate future redevelopment of that site in accordance with current state policies.
The City, along with the Florida League of Cities, continues to oppose unfunded mandates and intrusions to municipal home rule
authority.
Review Approval: 1) City Manager 2) Clerk 3) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
2010 State Legislative Package
The City of Clearwater will seek funding through grants and other sources to assist in
implementing projects and providing services to meet the needs of our citizens and improve
their quality of life.
Issues to Support
We will support legislation that is beneficial to Clearwater and other municipalities including:
• Local Bill regarding Clearwater Working Waterfront - removes the reverter clause from
the Beach Marina property in order to facilitate future redevelopment in accordance
with current state policies.
• Alternatives to public hearing advertisements other than newspapers.
• Maintain or increase funding for FRDAP, Land and Water Conservation and State Aid to
Libraries programs.
• Provide full funding of the Florida State and Local Housing Trust Funds under the
Sadowski Act.
• Amend or waive the 1-mile school proximity rule under the Low-income Housing Tax
Credit Program.
Issues to Oppose
We will oppose legislation that is detrimental to Clearwater and other municipalities including:
• Unfunded mandates.
• Increased regulation of, or restrictions on, municipal operations and budgeting.
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities: water
management district governance, energy policy, effective public notice, issue campaign financing,
Department of Community Affairs agency sunset review, municipal firefighter or police officer pension
plans, revenue cap, and foreclosures.
Item # 10
Attachment number 2
Page 1 of 3
I
2010 LEGISLATIVE
ACTION AGENDA
n oi SK11 rjc Ie
ENERGY POLICY ? akkl'+or?z.?*? o?-Fs"??ore..
dr
The Florida League of Cities will an unbiased study tv,
commission comprised of scientists, local governments, business interests, military and other
experts and interested parties ?analyzAhe economic and environmental impacts resulting
from all new energy sources to include but not be limited to solar, tidal, wind, biomass and
other alternative options, as well as oil and gas exploration within Florida's territorial waters.
WATER MANAGEMENT DISTRICT GOVERNANCE
?The League of Cities will support legislation that amends the powers and duties of the water
management districts. Such legislation should:
• Require legislative ratification of any proposed rule change water management district
that imposes a financial impact on a local government;
• Require the water management districts to conduct a comprehensive assessment of
existing water supplies and analyze the impact of the existing consumptive use
permitting process on regional water supplies;
• Clarify that water management districts lack authority over reclaimed water;
• Specify that water management districts have no authority to require local
government adoption or repeal of ordinances or to mandate the review or approval of
any ordinance; and
• Restore the authority of the Governing Boards, eliminated by SB 2080, to take final
action on permit applications or petitions for variances or waivers of permitting
requirements.
,//MUNICIPAL FIREFIGHTER OR POLICE OFFICER PENSION PLANS
The Florida League of Cities will support legislation that provides comprehensive municipal
firefighter and police officer pension reform. Any comprehensive pension reform package
should address the issue of statutory presumptions and maximum benefits should be based
on actual base salary. Alternatives to defined benefit programs should be incentivized and
cities that join the Florida Retirement System for firefighters or police officers should be
allowed to purchase past service credit at the 3% rate, rather than the current law 2% rate.
Pensions boards should not consist of a majority of plan members and all plans and plan
expenses should receive third party independent review. Lastly, if a firefighter or police
officer pension plan does not accept insurance premium tax revenues, then the insurance
premium tax should not be charged in that jurisdiction.
Item # 10
Attachment number 2
Page 2 of 3
REVENUE CAPS
The Florida League of Cities opposes artificial or one size fits all caps. If the Legislature
chooses to move forward with a TABOR proposal, such proposal must address the following
principles:
1. Any revenue cap proposal must include a complete prohibition on unfunded
mandates to local governments or an exemption of any unfunded mandates from
the cap;
2. Any revenue cap proposal must apply equally to all levels of government in Florida,
including the state;
3. Any revenue cap proposal must focus on revenues or expenditure, but not both;
4. The following revenue sources should be exempt from any revenue cap proposal:
a. Proprietary funds;
b. State and federal funds;
c. Referendum expenditures, if any;
d. One-time revenues including but not limited to: donations, grants, sale of
property, settlement of disputes, etc.;
e. Revenues not subject to the control of the receiving government;
f. Revenues committed to the repayment of debt;
g. Franchise fees and contractual revenues;
h. Revenues from voluntary recreational services;
i. Funds received or expended in response to a catastrophic event.
-5--Any+evenue cap proposal should exempt any city with a population of 10,00047L,cczS
6. Any revenue cap proposal should include a "time-out" provision in case it becomes
necessary to suspend the revenue cap proposal.
7. Any growth multiplier should reflect the inflation of the expenses incurred by local
governments in providing services to citizens.
AMENDMENT 4
The Florida League of Cities opposes Amendment 4. The League supports new legislation that
,re/quires applicants for a comprehensive plan amendment or development order to meet
minimum requirements established in statute for citizen input and participation as a
prerequisite to filing an application for a comprehensive plan amendment or development
order.
Item # 10
Attachment number 2
Page 3 of 3
DEPARTMENT OF COMMUNITY AFFAIRS AGENCY SUNSET REVIEW
The Florida League of Cities will support legislation resulting from agency sunset review that
aintains the Department of Community Affairs ("DCA") as a distinct department, but which
Vclarifies the role of the state in the local comprehensive planning process while respecting
municipal home rule, and which provides the DCA and municipalities with the necessary tools
to carry out state growth management mandates.
UNFUNDED MANDATES
she Florida League of Cities opposes additional unfunded mandates upon Florida's
municipalities and supports strengthening the existing mandates provision in the Florida
Constitution.
FORECLOSURES
"he Florida League of Cities will support legislation that provides increased lien superiority for
municipal repair and maintenance liens on properties that have undergone foreclosure
proceedings.
I UE CAMPAIGN FINANCING/PROHIBITION ON LOCAL GOVERNMENT EXPENDITURES
he Florida League of Cities will support legislation to remove any restrictions on
municipalities when making expenditures in issue campaigns.
EFF CTIVE PUBLIC NOTICE
e Florida League of Cities will support legislation that authorizes municipalities to provide
effective public notice and advertising for various appropriate matters, not to include ad
valorem taxation millage setting, by means other than newspapers, such as direct mailings,
physical posting of property, Internet posting, free publications, government access television
channels, and other suitable alternatives.
Item # 10
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Environmental Advisory Board with the term to expire December 31, 2013.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Anna M. Fusari
MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm
PLACE: MSB Conf. #221
APPTS. NEEDED: 1
STAFF LIAISON: Edward F. Chesney-Engineering
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE(D) AND NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE
1. Richard Packman - 2067 The Mall, 33755 - Original Appointment 05/17/07
Resigned 11/05/09 - (was serving 1st term to expire 05/31/2011)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
Michael Engelmann - 2958 Deer Run S., 33761 - Mechanical Engineer
2. Jason Robert Happe - 2045 Anchorage Way, 33755 - Firefighter
Zip codes of current members:
1 at 33755
2 at 33761
1 at 33763
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
M1 C.hfF> L. ZtACSCL_MANt.1
Home Address:
29 S?4 Dee-& Rut4 S
Office Address:
t d S- F-T . HATLkk ",,-I & u C-Jr- C-C..EAt WATCR, FL- Zip 3 3`}G i Cuci 2+Nbrc-R, FL Zip -S 37-56
Telephone: (1.2-0 -? ZL- 9 32 ° Telephone: L z ?) 4 ? 3
Cell Phone: ? -) E-mail Address: ? ?^AU cn. Pt?t?lias.
?l. us
How long a resident of Clearwater? Z a v e?? (? t?s-t - Jam I , z in'
Occupation: ME:LHnnatcAL P'Ar'WCCk Employer: PtN ?-?a5 Cp1?N ry U-r1LkT1 S
Field of Education:
6S- MeCtq tj4C,Aiee2wL, Lay:w U; l,?IS
M A ;>i S-0 13 I °I -1 4-
FL PE vr-.4ci -? ci ?
If retired, former occupation:
Other Work Experience:
V,/ A,$TG-TO- FNeM- 'I PC'wGR. {' -AA3"CS
LjA s' ? E WA'TC- fL 'TQ CA'7 M is N i S t_. U V& C.
?--rA%iE W AT'Z? R i{
Community Activities: 'Fe PA RT%?GkpArINC Lt:3 cL-FhR-A-T R k0 CL 7tZt _Q
NC-A 0GrKy 'S-1 t' gat, SE P e, ?_00 9
Other Interests:
Board Service (current and past):
rs/n
Additional Comments:
Board Preference:
Signed: ky%! ? Date: -P I (? 9
T
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??E1 V
SEP 03 2099
OFFICIAL. RECORDS AND Item # 11
LEGISLATIVE SRVCS DEPT
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
M11,41MAL-- GAScU Uri 3Rt?F "[ ?c?ptor.4L GaA3J rt A ?aet1 W1T{f
61D C-HC-5h1e-y
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
f V (2
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
,tq Uc ?T wCTCy "A(,3y erJ\)t/t.oNMensTnL tSSu?S ?Ct1Rau.t?tv?cT CtitL?2.
A ik FeKM,-V S CWA-1.TC= rv-E:WC(,Gy/(Ic14MICtPAL 5lui>&06Wns aL,>NTC-& )
FL +f- 1' ivy De? 5L,.> FLo&(D Acv E o?,vps Nvtsc l?usi Lk &iHTS, c\c ^
CQLATC 0 -r-e> ACT%tA.L- fifth T trQ6 F11C.ttrt T'tF Gar'H6n "Tort Ok5eS
tr4Oi GO 5XMI(C- , b (LChkoS
4. Why do you want to serve on this Board?
? WAr.1? 1C? Ci>NtR143iC'c? Tv 'T'NT '??-?Ti:RKEYJj £?. ?-?'?:t?Aff?- r>?' FuT?tftG
?CAA'T?a N5. ?lJcJ htA?- ip C-c?StorS APLC MA Dt -c>2 , cyUAY r) C-CH C C'rLE
aPN 0o RECAAt> Fotz T?/to2/tvw wAr-?r T`> VC A VOkc:E
'o rt? M yft (Zvw
!~a?,E??-?reNru
Name: rl t c?jAe,-
Board Name: ENytlCo4r,( arnL, AywscaY
Item # 11
Attachment number 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Jason Robert Happe
Home Address:2045 Anchorage Way Office Address:
Zip 33755 Zip
Telephone: 812-7858 946-0654 Telephone:
How long a resident of Clearwater? 5+ years
Occupation: Firefighter
Employer: Palm Harbor Fire Rescue
Field of Education: Fire Science/EMS Other Work Experience:
If retired, former occupation:
Community Activities: Member of Edgewater Drive Neighborhood Association
Other Interests:
Board Service (current and past): None
Board Preference: 1. Parks and Recreation Board
2. Environmental Advisory Board
3. Marine Advisory Board
Additional Comments:
Signed:
Date: / 1,3,
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.
AUG 13 2008
i_<, .-ttP_rn # 11
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
I'm going in to this new, but from the title, advisory board, I think it is to advise the
board of commissioners, problems and solutions of the issues of the particular
jurisdiction of that advisory board.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Yes, on TV.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I have been a public servant for 15 years. I have interest in keeping my community
up to a high standard.
4. Why do you want to serve on this Board?
At this time I am open to serving on any of the boards listed above. The commonality
of those boards is that they are all of outdoor activities or correlate to the safety of
the ourdoors.
Name: Jason R. Happe
Board Name:
Item # 11
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
January Meeting
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy
Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on the Cleveland Street
Streetscape Project and authorize a separate civil action on behalf of the City against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements
on the Beach Walk - Coronado Drive project. (consent)
SUMMARY:
1) During the Cleveland Street Streetscape redesign and reconstruction project from 2006 to its completion in 2009, "Progress Energy"
failed to resolve conflicts that arose from its decision not to relocate its facilities, such as overhead lines, duct banks, and storm
pipes. As a result, the City was required to expend funds to compensate the contractor for time delays, redesign, and additional
work. The total amount claimed against "Progress Energy" is $179,298.00.
2) During the Beach Walk - Coronado Drive redesign and reconstruction project from 2006 to its completion in 2009, "Progress
Energy" failed to resolve conflicts that arose from its decision not to relocate one of its duct banks. As a result, the City was required to
expend funds to compensate the contractor for time delays, redesign, and additional work. The total amount claimed against "Progress
Energy" is $263,626.00.
The legal department requests authority to bring a legal action in each of the above-referenced items against Florida Power Corporation,
and Florida Power Corporation d/b/a Progress Energy Florida, Inc. (including all other subsidiaries and related corporations as
necessary to obtain relief), to recover damages for the additional costs and expenses incurred by the City. The costs relative to each of
these actions will include a $255.00 filing fee and fees for service of process of approximately $200.00.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment: No
Budget Adjustment Comments:
Current Year Cost:
910.00
Annual Operating Cost:
Total Cost: 910.00
Not to Exceed:
For Fiscal Year:
10/01/2009 to 09/30/2010
Appropriation Code Amount Appropriation Comment
010-09600-548000-514- 910.00
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Item # 13
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Repeal Section 30.053, Code of Ordinances, relating to nonconsensual towing of vehicles from private property and pass Ordinance
8117-09 on first reading.
SUMMARY:
Section 30.053, Code of Clearwater, adopted in 1984, refers to regulations regarding nonconsensual tows of vehicles from private
property.
Section 715.07, Florida Statutes, already contains numerous regulations regarding nonconsensual tows of vehicles from private
property. Those regulations overlap the regulations in Section 30.053.
Sections 122-38 through 122-45, Pinellas County Code, also contain numerous regulations regarding nonconsensual tows of vehicles
from private property and are enforceable within both the unincorporated and incorporated areas within Pinellas County.
However, Section 30.053(2)(a)5.e., Code of Clearwater, contains a requirement that does not appear in Section 715.07, Florida Statutes,
or Sections 122-38 through 122-45, Pinellas County Code. Section 30.053(2)(a)5.e. states "[t]he City shall require approval after
inspection of these signs prior to the authorization by any city police officer of any towing or removal to ensure compliance subsection
(2)(a)5." It has not been the policy of the police department, code enforcement, or traffic engineering to inspect the towing signs that
private property owners place on their property. A private property owner who has a vehicle towed without having proper signage is
subject to a civil cause of action by the vehicular owner, who would be able to recover damages, attorney's fees, and court costs
pursuant to Section 715.07(4), Florida Statutes. Moreover, the vehicular owner can make a complaint with the Pinellas County
Department of Justice and Consumer Services.
Therefore, based on the redundancy of Section 30.053 and the nonenforcement of the inspection provision, Section 30.053, Code of
Clearwater, should be repealed.
Review Approval: 1) Legal 2) Clerk 3) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8117-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
REPEALING SECTION 30.053, CODE OF ORDINANCES,
RELATING TO NONCONSENSUAL TOWS OF VEHICLES FROM
PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 30.053, Code of Ordinances, contains regulations regarding
nonconsensual tows of vehicles from private property; and
WHEREAS, Section 715.07, Florida Statutes, already contains numerous
regulations regarding nonconsensual tows of vehicles from private property, including
appropriate signage; and
WHEREAS, Sections 122-38 through 122-45, Pinellas County Code, also contains
numerous regulations regarding nonconsensual tows from private property, and is
enforceable within both the unincorporated and incorporated areas within Pinellas County;
and
WHEREAS, Section 30.053, Code of Ordinances, therefore, is redundant, and is not
necessary for the enforcement of nonconsensual tows of vehicles from private property
within the City's municipal boundaries; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 30.053, Code of Ordinances, is hereby repealed.
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:
Robert J. Surette
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 8117-09
Item # 14
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8070-09 on second reading, making EAR based amendments to the Community Development Code.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 11
ORDINANCE NO. 8070-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT LAND DEVELOPMENT REGULATIONS, TO FURTHER THE
CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE
AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR
EDITORIAL CHANGES BY AMENDING ARTICLE 1, "GENERAL
PROVISIONS", SECTION 1-108, "COUNTYWIDE CONSISTENCY", TO
RENAME THE SECTION AS "FUTURE LAND USE MAP" AND TO
MAKE "COUNTYWIDE CONSISTENCY" INTO A NEW SUBSECTION 1-
108.A, AND TO ADD A NEW SUBSECTION 1-108.13 "MAP
ADJUSTMENTS", TO PROVIDE FOR CRITERIA FOR MAP
ADJUSTMENTS FOR WATER/DRAINAGE FEATURE,
PRESERVATION, AND RECREATION/OPEN SPACE CATEGORIES,
AND AMENDING SECTION 1-109, "ZONING ATLAS", TO ADD A NEW
SUBSECTION 1-109.E, "ADJUSTMENTS TO THE ZONING ATLAS", TO
SPECIFY CERTAIN ADJUSTMENTS TO THE ZONING ATLAS TO BE
MADE BY THE COMMUNITY DEVELOPMENT COORDINATOR; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1303,
"TABLE 2-1303", TO LIMIT AUTOMOBILE SERVICE STATION, MAJOR
VEHICLE SERVICE, RETAIL SALES AND SERVICE USES AND
OUTDOOR RECREATION/ENTERTAINMENT USES IN THE IRT
ZONING DISTRICT; BY AMENDING ARTICLE 3, "DEVELOPMENT
STANDARDS", SECTION 3-804, "SETBACK AND HEIGHT
REQUIREMENTS", TO ADD A NEW SUBSECTION 3-804.B.1.c.,TO
INCREASE THE ALLOWABLE HEIGHTS OF NON-OPAQUE FENCES
FROM 36 INCHES TO 48 INCHES ON WATERFRONT LOTS AND TO
DELETE SUBSECTION 3-804.C AND TO DELETE GRAPHICS;
AMENDING SECTION 3-904, "SIGHT VISIBILITY TRIANGLE",
SUBSECTION 3-904.13, TO INCREASE FROM 36 INCHES TO 48
INCHES THE MAXIMUM HEIGHT FOR NON-OPAQUE FENCES
PERMITTED WITHIN THE SIGHT VISIBILITY TRIANGLE FOR
WATERFRONT LOTS AND TO REPLACE THE EXISTING GRAPHIC;
AMENDING SECTION 3-908, "PERMITTED ENCROACHMENTS INTO
SETBACKS AND OVER STREET RIGHTS-OF-WAY", SUBSECTION 3-
908.A.1, TO DECREASE THE CLEARANCE REQUIRED FOR
AWNINGS FROM NINE FEET TO EIGHT FEET; AMENDING SECTION
3-914, "STORMWATER DETENTION FACILITIES", TO ADD A NEW
SUBSECTION 3-914.C, TO ADD THE USE OF "LOW IMPACT
DEVELOPMENT" TECHNIQUES FOR STORMWATER MANAGEMENT,
AND AMENDING SECTION 3-1202, "GENERAL LANDSCAPING
STANDARDS", SUBSECTION 3-1202.13.3, TO ADD "FLORIDA-
FRIENDLY PLANT MATERIALS" TO THOSE PLANT MATERIALS THAT
ARE "NATIVE TO CENTRAL FLORIDA"; AMENDING SECTION 3-1805,
"SIGNS PERMITTED WITHOUT A PERMIT", TO DELETE SUBSECTION
3-1805.U, TO ELIMINATE SANDWICH BOARD SIGNS IN THE
DOWNTOWN DISTRICT, AND TO RE-LETTER THE REMAINING
SUBSECTIONS, AMENDING SECTION 3-1910, "SAME-WATER
SUPPLY FACILITIES", TO ADD A NEW SUBSECTION 3-1910.D, TO
REQUIRE DEVELOPERS OF NEW SUBDIVISIONS TO PROVIDE
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Attachment number 1
Page 2 of 11
INTERNAL RECLAIMED WATER SYSTEMS IF THE DEVELOPMENT IS
LOCATED WHERE RECLAIMED WATER WILL BE AVAILABLE WITHIN
SEVEN (7) YEARS; BY AMENDING ARTICLE 4, "DEVELOPMENT
REVIEW AND OTHER PROCEDURES", SECTION 4-607 "HISTORIC
DESIGNATION", SUBSECTION 4-607.13, TO PERMIT THE CITY TO
INITIATE AN APPLICATION FOR HISTORIC DESIGNATION, AND
AMENDING SECTION 4-901, "AUTHORITY AND APPLICABILITY",
SUBSECTION 4-901.C.6., TO ADD "TRANSPORTATION" TO "PUBLIC
FACILITIES; BY AMENDING ARTICLE 8, "DEFINITIONS AND RULES
OF CONSTRUCTION", SECTION 8-102, "DEFINITIONS", TO REPLACE
THE DEFINITION FOR "COASTAL HIGH HAZARD AREA" WITH A NEW
DEFINITION FOR "COASTAL STORM AREA"; AND MAKING
AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 24,
ARTICLE III, WELLHEAD PROTECTION, SECTION 24.63 PERMIT-
REQUIRED AND SECTION 24.64 PERMIT REQUIREMENTS, TO
MODIFY THE REQUIREMENTS FOR A WELLHEAD PROTECTION
PERMIT AND A PROTECTION-CONTAINMENT PLAN, INCLUDING AN
INCREASE IN THE DISTANCE FROM 500 FEET TO 1,000 FEET
REQUIRED FROM A WELL FOR POTENTIAL EXPANSION/CHANGE
OF AN EXISTING USE WITH CONTAMINATING MATERIALS;
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 on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, the City of Clearwater, Florida, adopted the Evaluation and Appraisal
Report-based amendments to the Comprehensive Plan by Clearwater Ordinance No. 7993-08,
on December 18, 2008, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, and
WHEREAS, the City of Clearwater recognizes the need to amend Section 24.63 and
Section 24.64, Code of Ordinances, Chapter 24, Article III, by amending wellhead protection
permit language; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 1, "General Provisions", Division 1, Section 1-108,
"Countywide Consistency", of the Community Development Code, be, and the same is hereby
amended to read as follows:
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Attachment number 1
Page 3 of 11
Section 1-108. Future land use map e4ntywid° nnncic4nnn"
A. Countywide consistency. Applications for development approval shall be consistent
with the provisions of this Community Development Code and the Countywide Future Land
Use Plan as required by state law. Development potential is based on the applicable zoning
district and as permitted by the Countywide Future Land Use Plan Designation. In cases where
there is a difference between the density permitted in the zoning district and that which is
permitted by the land use classification, the more restrictive shall prevail. In addition, uses of
land shall be consistent with uses permitted in the assigned zoning district as well as the uses
permitted by the Countywide Future Land Use Plan Designation.
B. Map adiustments. Plan map boundary adjustments for Water/Drainage Feature,
Preservation and Recreation/Open Space categories may be made by the Community
Development Coordinator provided that such map adiustments are consistent with a
jurisdictional boundary determination under state agency rules which is consistent with such
rules; or are consistent with an approved site or project plan for a body of water or drainage
feature; or are consistent with the purpose and characteristics of the particular category being
adjusted and are based upon a finding of appropriateness by the Community Development
Coordinator that such adjustment is de minimis in extent and effect.
Section 2. That Article 1, "General Provisions", Division 1, Section 1-109, "Zoning
Atlas", of the Community Development Code, be, and the same is hereby amended to read as
follows:
Section 1-109. Zoning atlas.
**********
E. Adjustments to the zoning atlas. Zoning atlas adiustments may be made by the
Community Development Coordinator based upon information demonstrating errors or
omissions. or based upon historical data.
Section 3. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT"), Section 2-1303, "Table 2-1303", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 2-1303. Flexible standard development.
The following uses are Level One permitted uses in the IRT District subject to the
standards and criteria set out in this Section and other applicable provisions of Article 3.
Table 2-1303. '7RT"District Flexible Standard Development
Min. Lot Min. Lot
Min. Setbacks Max.
MIN. OFF-STREET
Uses Area Width
Height
(ft.) PARKING
ft)
(sq. (ft.) (A)
Side/
Front*
Rear
Automobile Service StationsLL 20,000 100 20 15 30 4/1000 SF GFA
Major Vehicle ServiceLL 20,000 100 20 15 30 4/1000 SF GFA
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Manufacturing (2) (4) 10,000 100 20 15 50 1.511,000 SF GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
1--10/1,000 SF Land Area or
as determined by the
Outdoor Recreation/Entertainment L3) 40,000 200 20 15 30 community development
coordinator based on TIE
Manual standards
Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA
Parking Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA
Public Transportation FacilitiesL n/a n/a n/a n/a 10 n/a
Publishing and Printing 10,000--
20,000 100--
200 20 15 50 3/1,000 SF GFA
Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA
Residential Shelters (-3) 5,000 50 20 15 30 3/1,000 SF GFA
Retail Sales and Services( n/a n/a n/a n/a n/a n/a
Restaurants (4) 5,000--
10,000 50-
100 20 15 30 7--15 spaces per 1,000 GFA
Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for
'
manager
s office
TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA
Utility/Infrastructure FacilitiesQ (5) n/a n/a 20 15 n/a n/a
Vehicle Sales/Displays and Major 40
000 200 20 15 30 1.511,000 SF Lot Sales Area
Vehicle Sales/DisplaysL?) (4) ,
Vehicle ServiceL?) (4) 10,000 100 20 15 50 1.511,000 SF GFA
Veterinary Offices or Animal 10,000 100 20 15 30 511,000 SF GFA
Grooming
Wholesale/Distribution/Warehouse 10
000 100 20 15 50 1.511
000 SF GFA
Facility , ,
*The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate
the full setback requirement and the reduction results in an improved site plan or improved design and appearance and
landscaping is in excess of the minimum required.
Automobile service station, major vehicle service, and retail sales and service uses in the Industrial Limited (IL)
future land use category that are not part of a master development plan shall not exceed five acres. Any such use, alone
or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to the
appropriate category which shall include such uses and all contiguous like uses.
(4) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the
manufacture, predominately from previously prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for
any exterior storage or processing of equipment or materials of any kind.
Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a
master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which
exceed five acres shall reauire a land use plan man amendment to the annronriate cateeorv which shall include such
uses and all contiguous like uses.
4 -Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous
like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall
include such uses and all contiguous like uses.
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Attachment number 1
Page 5 of 11
(-3} Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses
which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include
such uses and all contiguous like uses.
(4} Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard
Development application for review. Restaurants located in the IL future land use category shall not exceed five acres.
Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan
amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in
the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is
accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory.
(5} Utility/infrastructure uses shall not exceed five acres. Any such use, alone or when added to contiguous like
uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include
such uses and all contiguous like uses.
(16} Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use
category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor
area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25
percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such
uses and all contiguous like uses.
**********
Section 4. That Article 3, "Development Standards", Division 8, "Fences and Walls",
Section 3-804, "Setback and height requirements", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 3-804. Setback and height requirements.
B. Side and rear setback areas.
**********
Fences and walls shall be permitted to a maximum height of six feet between the principal
structure and any side or rear lot line with the following exceptions:
a. Fences and walls may be permitted up to eight feet in height if located in the Industrial,
Research, and Technology District ("I RT").
b. Fences and walls may be permitted up to eight feet in height in the Commercial District
through Level One, (Flexible Standard Development) approval to buffer uses with drive-
thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales,
display and/or storage and residential zoning districts. If any fence is part of a Level Two
review, the decision to approve the fence will be made by the Community Development
Board.
C. On those properties adjacent to water, fences proposed to be located within 20 feet of
the property line adjacent to the water or within the required setback, whichever is
greater, must be non-opaque and cannot exceed 48 inches in height.
Wale rent FGpeF y EXGept as preyi` ed- in ci ihcon4ion I or 70 nn f°nn° er wall is permitted wi4hin
the Feq uiFedd co4har* aGIi9iRiRg wat&F-.
Delete existing graphic.
Delete existing graphic.
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Page 6 of 11
Delete existing graphic.
**********
Section 5. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-904. Sight visibility triangle.
**********
B. To enhance views of the water from waterfront property, no structure or landscaping may be
installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 36
inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in
Article 3, Division 8.
Remove existing graphic and replace with the following graphic.
NO STRUCTURE OR LANDSCAPING
MAY BE INSTALLED, OTHER THAN
NON-OPAQUE FENCE NOT
EXCEEDING 48" IN HEIGHT WATER
PROPERTY LINE (TYPICAL)
STRUCTURE
n
D
I
-PROPERTY LINE, SEAWALL OR
MEAN HIGH WATER LINE,
I WHICHEVER IS CLOSEST TOWARD
THE INTERIOR OF THE PROPERTY
n
30'
I'D
?
2t1
SIGHT VISIBILITY TRIANGLE
Enhanced Views Restrictions
Section 6. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-908, "Permitted encroachments into setbacks and over street
rights-of-way", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas
and may be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to
the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
-6-
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In the Tourist, Commercial and Downtown Districts, such projections
shall be limited to ten feet and shall be permitted into any required
setback and over street rights-of-way provided a clearance of eight
e+ne feet over grade is maintained. In no case shall such projection
be closer than five feet from the curbline or the shoulder of the
roadway. Any awning with supports may be located up to the
property line and any awning that projects into a right-of-way shall be
cantilevered.
**********
Section 7. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-914, "Stormwater detention facilities", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-914. Stormwater detention facilities.
**********
C. The use of low impact development techniques for stormwater management,
such as minimal land disturbance, the preservation of native vegetation, and the minimization of
impervious cover, shall be required unless determined infeasible by the Engineering
Department.
Section 8. That Article 3, "Development Standards", Division 12, "Landscaping/Tree
Protection", Section 3-1202, "General landscaping standards", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1202. General landscaping standards.
**********
B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply
with the following minimum standards:
**********
3. Plant materials shall be those which are native to Central Florida, considered Florida-
friendly plant materials, requiring minimal amounts of water, fertilizers and pesticides,
and which are recommended in the Plant Guide of the Southwest Florida Water
Management District are strongly encouraged.
**********
Section 9. That Article 3, "Development Standards", Division 18, "Signs",
Section 3-1805, "Signs permitted without a permit", of the Community Development
Code, be, and the same is hereby amended to delete subsection 3-1805.U and re-letter
the subsequent sections as appropriate:
Section 3-1805. Signs permitted without a permit.
The following signs may be developed without development review pursuant to
Article 4 of this development code:
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Page 8 of 11
**********
In the fln?nintn?nin DiStrint, t-4AP- niinh hn °rr! Sinn fG)F eciv rlir--p- r.SZCa
b siReSS but nn mnr° than tWG Pee Ind
**********
Section 10. That Article 3, "Development Standards", Division 19, "Subdivision Design
Standards", Section 3-1910, "Same--Water supply facilities", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1910. Same-Water supply facilities.
**********
D. When new subdivisions are being developed at locations where reclaimed water will
be available within seven (7) years from the issuance of the development order, the developer
shall provide internal reclaimed water systems that are constructed to City specifications.
Section 11. That Article 4, "Development Review and Other Procedures", Division 6,
"Level Three Approvals", Section 4-607, "Historic designation", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-607. Historic designation.
**********
B. Application. An application for historic designation may be initiated by the City or
by a property owner based on a report which includes, at a minimum, the following:
The location and boundaries of the property or district.
2. The historic, architectural, or archaeological value of the property or district, and its
relationship to the history, government or culture of the city.
3. Present and projected economic trends and conditions relating to the maintenance,
development or redevelopment of the property or district.
4. A list of contributing and noncontributing properties within a district.
**********
Section 12. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-901, "Authority and applicability", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-901. Authority and applicability.
**********
C. Exception. No certificate of concurrency/capacity is required for the following:
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**********
6. Public transportation facilities.
Section 13. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-902, "Application and procedures", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-902. Application and procedures.
A. An application for a certificate of concurrency/capacity shall be filed with the
community development coordinator as part of an application for development approval and
shall include such fees as are required by Section 4-202 f€}.
**********
Section 14. 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:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
**********
Coastal storm "pry"n,?„ " a area means the area delineated in Map E-1 of the Coastal
Management Element of the Clearwater Comprehensive Plan, which encompasses all of the
following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea, Lake
and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one
hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas, (2) all
land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas
that are defined by the SLOSH model to be inundated by a category two hurricane or above and
that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located
within the Velocity Zone as designated by the Federal Emergency Management Agency 661bjeG
tG high VeIGGity waters, blult AG_t lornitRadd tG_ wave ?N_ash. The area may be
desSigRated on a FIR A °6zeno VI -30, VE or
**********
Section 15. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.63 Permit-Required, be, and the same is hereby amended to read as follows:
Sec. 24.63. Permit--Required.
(1) A wellhead protection permit shall be obtained from the engineering director for any
new business, commercial, industrial or other activity that has the potential to store or discharge
harmful quantities of known contaminating materials if any portion of the subject property is
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Attachment number 1
Page 10 of 11
within 1,000 feet of a potable water well. A wellhead nrotontion normit Shall be obtained- from the
?N°te.r elrr A wellhead protection permit shall be obtained from the engineering director for any
new residential construction on property located within the city if any portion of the subject
property is within 100 feet of a potable water well. A wellhead protection permit may be issued
by the engineering director after review of the application and protection-containment plan (if
required) submitted by the applicant. No business tax receipt or building permit shall be issued
for any activity for which a wellhead protection permit is required until such permit has been
issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of
each year. Applications for annual permit renewal shall be submitted no later than 30 days prior
to permit expiration.
Section 16. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.64 Permit Requirements, be, and the same is hereby amended to read as follows:
Sec. 24.64. Permit requirements.
**********
(4) If any new activity is proposed within 1,000 feet of a potable water supply well that
has the potential to store or discharge harmful quantities of known contaminating materials, a
protection-containment plan shall be submitted. if an., nontaminatinn material is nronocor! to be
h 500
feet of a potable wateF supply well, a PFGteGtiGA GGAtAiARqeRt plaR ShAll hR 9311hMittRd If any
contaminating material is proposed to be used or stored for residential use within 100 feet of a
potable water supply well, a protection-containment plan shall be submitted.
(5) A wellhead protection permit application shall at a minimum include a location map of
the potable water well and 1,000 599 feet surrounding the well, plans for the proposed
development or expansion/change of an existing use (if applicable), the location and
identification of the proposed activity, existi, rases OR -A Fnn feet pro f„r -A nr\mmorniAl ''co
application or ° 'Inn foot ZAn° for ° rocirlon4i?l use appli,.ati.,na listing of any contaminating
`^mff'aterial to be used or stored on the site and a protection-containment plan if necessary.
Section 17. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) and
amendments to the Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Sections
24.63 Permit-Required and 24.64 Permit Requirements, are hereby adopted to read as set forth
in this Ordinance.
Section 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
-10-
OrddteIM 1 015)70-09
Attachment number 1
Page 11 of 11
Section 21. 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 K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-11-
OrddtEDIM go15)70-09
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8116-09 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 1980 Kings Highway from Residential Medium
(RM) to Transportation Utility Overlay and Drainage Feature Overlay with existing Residential Medium.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8116-09
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 KINGS HIGHWAY
APPROXIMATELY 112 FEET SOUTH OF WOODLAWN
TERRACE, CONSISTING OF A PORTION OF THE FLORIDA
POWER CORPORATION EASEMENT, A PORTION OF THE
DRAINAGE EASEMENT AND A PORTION OF LOT 9, LESS THE
EAST THIRTY FEET IN E.A. MARSHALL SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1980 KINGS HIGHWAY,
FROM RESIDENTIAL MEDIUM (RM) TO TRANSPORTATION
UTILITY OVERLAY AND DRAINAGE FEATURE OVERLAY
WITH EXISTING RESIDENTIAL MEDIUM; 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
See attached legal description
LUZ2009-07002
Land Use Categorv
From: Residential Medium (RM)
To: Transportation Utility Overlay and
Drainage Feature Overlay with
Existing Residential Medium
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 Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
Item # 16
Ordinance No. 8116-09
Attachment number 1
Page 2 of 2
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
2
Ordinance No. gTI _?g16
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8118-09 on second reading, relating to historic designation, designating property located at 401 Cleveland Street, the
Clearwater Evening Sun/Lokey Building, as a historic property under Community Development Code Section 4-607, providing for
classification of the designation, providing for notice of the designation and recognition of the designated property by sign or marker.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8118-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS;
DESIGNATING PROPERTY LOCATED AT 401 CLEVELAND
STREET, CLEARWATER EVENING SUN/LOKEY BUILDING, AS
A HISTORIC PROPERTY UNDER COMMUNITY
DEVELOPMENT CODE SECTION 4-607; PROVIDING FOR
CLASSIFICATION OF THE DESIGNATION; PROVIDING FOR
NOTICE OF THE DESIGNATION AND RECOGNITION OF THE
DESIGNATED PROPERTY BY SIGN OR MARKER; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 4-607 of the City of Clearwater Community Development Code
provides a procedure for historic designation of properties and districts within the City of
Clearwater; and
WHEREAS, the objectives of such designation are to protect, enhance and preserve
those historic properties and districts which represent or reflect the City's cultural, social,
economic, political and architectural history, and to preserve and enhance property values,
stabilize neighborhoods and other areas of the City, increase economic benefits to the City
and its inhabitants, continue the redevelopment of the original center of the City, and
promote and enrich the City's educational and cultural environment; and
WHEREAS, historic properties may include but are not limited to Indian habitations,
ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic
historical, architectural, or archaeological value relating to the history, government and
culture of the City; and
WHEREAS, Section 4-607 provides for a procedure of application, review by City
staff, recommendation by the Community Development Board and consideration by the
City Council after public hearing; and
WHEREAS, an application has been submitted and processed for the property
located at 401 Cleveland Street, known as the Clearwater Evening Sun/Lokey Building,
within the City of Clearwater; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council makes the following findings:
The property located at 401 Cleveland Street, known as the Clearwater Evening
Sun/Lokey Building, and further described as:
Ordinance No. 1IM-84917
Attachment number 1
Page 2 of 2
West'/ of Lot 7, John R. Davey's Resub of Block B (per Plat Book H-1,
Page 87, Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part);
also known as Parcel No. 16-29-15-20358-002-0071
[H IS2009-00001 ] satisfies three of the following criteria:
1. The property/district is associated with events that have made a significant
contribution to the broad pattern of City, State, or national history;
2. The property/district is associated with the lives of persons significant in history;
3. The property/district possesses distinctive characteristics of a type, period or
method of construction, or the representation of the work of a master, or the
possession of artistic values;
4. The property/district has yielded or may be likely to yield information important in
prehistory or history.
Section 2. Based upon the above findings, the property located at 401
Cleveland Street, known as the Clearwater Evening Sun/Lokey Building, within the City
of Clearwater is hereby designated as a historic property in the Excellent classification.
The owner shall be given written notice of the designation by the City Clerk, and a
suitable sign or marker indicating the historic designation shall be erected on or near
the property.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. EI:06 0917
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8119-09 on second reading, relating to historic designation, designating property located at 405 Cleveland Street, the
Capitol/Royalty Theatre, as a historic property under Community Development Code Section 4-607, providing for classification of the
designation, providing for notice of the designation and recognition of the designated property by sign or marker.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8119-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS;
DESIGNATING PROPERTY LOCATED AT 405 CLEVELAND
STREET, CAPITOL/ROYALTY THEATRE, AS A HISTORIC
PROPERTY UNDER COMMUNITY DEVELOPMENT CODE
SECTION 4-607; PROVIDING FOR CLASSIFICATION OF THE
DESIGNATION; PROVIDING FOR NOTICE OF THE
DESIGNATION AND RECOGNITION OF THE DESIGNATED
PROPERTY BY SIGN OR MARKER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 4-607 of the City of Clearwater Community Development Code
provides a procedure for historic designation of properties and districts within the City of
Clearwater; and
WHEREAS, the objectives of such designation are to protect, enhance and preserve
those historic properties and districts which represent or reflect the City's cultural, social,
economic, political and architectural history, and to preserve and enhance property values,
stabilize neighborhoods and other areas of the City, increase economic benefits to the City
and its inhabitants, continue the redevelopment of the original center of the City, and
promote and enrich the City's educational and cultural environment; and
WHEREAS, historic properties may include but are not limited to Indian habitations,
ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic
historical, architectural, or archaeological value relating to the history, government and
culture of the City; and
WHEREAS, Section 4-607 provides for a procedure of application, review by City
staff, recommendation by the Community Development Board and consideration by the
City Council after public hearing; and
WHEREAS, an application has been submitted and processed for the property
located at 405 Cleveland Street, known as the Capitol/Royalty Theatre, within the City of
Clearwater; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council makes the following findings:
The property located at 405 Cleveland Street, known as the Capitol/Royalty Theatre,
and further described as:
Ordinance No. 1$MM4918
Attachment number 1
Page 2 of 2
The East 1/ of Lot 7, plus West 30' and 3" of Lot 6, John R. Davey's
Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a
part);
also known as Parcel No. 16-29-15-20358-002-0070
[HIS2009-00002] satisfies three of the following criteria:
1. The property/district is associated with events that have made a significant
contribution to the broad pattern of City, State, or national history;
2. The property/district is associated with the lives of persons significant in history;
3. The property/district possesses distinctive characteristics of a type, period or
method of construction, or the representation of the work of a master, or the
possession of artistic values;
4. The property/district has yielded or may be likely to yield information important in
prehistory or history.
Section 2. Based upon the above findings, the property located at 405
Cleveland Street, known as the Capitol/Royalty Theatre, within the City of Clearwater is
hereby designated as a historic property in the Excellent classification. The owner shall
be given written notice of the designation by the City Clerk, and a suitable sign or
marker indicating the historic designation shall be erected on or near the property.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. 1:MN-0918
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8121-09 on second reading, annexing certain real property whose post office address is 13 Baywood 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 # 19
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8121-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF BAYWOOD AVENUE APPROXIMATELY 110
FEET NORTH OF EASTWOOD DRIVE, CONSISTING OF LOT
13, BLOCK E, SECOND ADDITION TO EASTWOOD TERRACE,
WHOSE POST OFFICE ADDRESS IS 13 BAYWOOD 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 13, Block E, Second Addition to Eastwood Terrace according to map or plat
thereof as recorded in Plat Book 52, Page 49, Public Records of Pinellas County,
Florida (ANX2009- 08014)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 19
Ordinance No. 8121-09
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8122-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 13 Baywood Avenue, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8122-09
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 BAYWOOD AVENUE APPROXIMATELY 110
FEET NORTH OF EASTWOOD DRIVE, CONSISTING OF LOT
13, BLOCK E, SECOND ADDITION TO EASTWOOD TERRACE,
WHOSE POST OFFICE ADDRESS IS 13 BAYWOOD AVENUE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 13, Block E, Second Addition to Eastwood Residential Urban
Terrace according to map or plat thereof as (RU)
recorded in Plat Book 52, Page 49, Public Records
of Pinellas County, Florida (ANX2009- 08014)
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. 8121-09.
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 # 20
Ordinance No. 8122-09
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8123-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 13 Baywood Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8123-09
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 BAYWOOD AVENUE
APPROXIMATELY 110 FEET NORTH OF EASTWOOD
DRIVE, CONSISTING OF LOT 13, BLOCK E, SECOND
ADDITION TO EASTWOOD TERRACE, WHOSE POST
OFFICE ADDRESS IS 13 BAYWOOD 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 13, Block E, Second Addition to Eastwood Low Medium Density
Terrace according to map or plat thereof as Residential (LMDR)
recorded in Plat Book 52, Page 49, Public Records
of Pinellas County, Florida (ANX2009- 08014)
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. 8121-09.
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 # 21
Ordinance No. 8123-09
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 22
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Educating the Public re Amendment 4 - Councilmember Petersen
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A Resolution Regarding 2012 National Association of Regional Councils Annual Conference - Councilmember Petersen
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 2
RESOLUTION NO: 2009- ( )
A RESOLUTION OF THE CITY OF CLEARWATER
SUPPORTING THE TAMPA BAY REGIONAL PLANNING
COUNCIL AS HOSTS OF THE 2012 NATIONAL
ASSOCIATION OF REGIONAL COUNCILS ANNUAL
CONFERENCE
WHEREAS, In June, 2000 the Tampa Bay Regional Planning Council (TBRPC) was honored
to host the 34th Annual National Association of Regional Councils (NARC) Conference &
Exhibition entitled Regional Visions for the 21st Century. The conference was a success and
NARC has once again asked the Tampa Bay Regional Planning Council to serve as the Host
Agency in 2012; and
WHEREAS, the national conference would have a positive economic impact on the region with
450 to 500 conference attendees plus family members for a 5-day, period, which historically has
included extended stays creating an even larger economic impact to our region; and
WHEREAS, the conference would provide the City of Clearwater with national exposure
regarding our best practices, projects and programs as well as provide national exposure to our
respective communities; and
WHEREAS, the City of Clearwater is committed to working together with other member
governments to assist the Tampa Bay Regional Planning Council in securing the Host Agency's
responsibility in sponsorships from both the public and private sectors in the amount of
$2000.00; and
WHEREAS, the 46th National Association of Regional Councils Annual Conference will also
mark the 50th Anniversary of the Tampa Bay Regional Planning Council and will serve as a
memorable capstone to 50 years of regional planning it the ^matiat of $2,000. ; and
WHEREAS, the Tampa Bay Regional Planning Council voted unanimously to support the
conference and forward a Letter of Interest to the National Association of Regional Councils
Board of Directors; and
NOW THEREFORE, BE IT RESOLVED that the City of Clearwater supports the Tampa Bay
Regional Planning Council in its efforts to Host and secure sponsorships for the 46th Annual
National Association of Regional Council's 2012 Conference.
Item # 24
Attachment number 1
Page 2 of 2
PASSED AND APPROVED by the City of Clearwater this (DATE) day of
(MONTH), 2009.
CITY OF CLEARWATER
CHAIR
ATTEST:
Item # 24
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
S. Gulfview Improvements
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 25
Attachment number 1
Page 1 of 1
From: James Price [mailto:JamesP@repurcell.com]
Sent: Tuesday, November 24, 2009 1:47 PM
To: Lopez, Perry
Cc: Scott Williams; James Price
Subject: #957 - S Gulfview Boulevard - Accelarated Schedule
Perry-
Per your request, we have evaluated the option of working extended hours to complete the Project ahead
of its' current track.
The original contract completion date was 1-29-10. Our Letter dated 10-1-09 documents our request for
32 additional delays for work through 9-21-09. A summary of days via PCO documentation totals 30 days
(through PCO #12). In the work period from 9-21-09 to current we have suffered additional delays that
will be documented via letter and backup prior to the end of next week. In short, we are currently tracking
to complete sometime in April, depending on existing conditions.
After reviewing the remaining work to be completed, the impacts of working at night, the premium time of
labor and equipment, and the premium time costs from materials suppliers and subcontractors, we could
double shift the project and achieve substantial completion by 2-12-10. The cost impact would be
$498,957.57.
For resource / planning purposes, we would need to know very quickly (12-4-09) if this is an option the
City would like to pursue. We are available to meet with you early next week to review this proposal in
detail. Please note that this evaluation of costs is for future work only and does not resolve or eliminate
any previous claims or intentions to claim for work completed as of this correspondence.
Please contact me if you should have any questions or comments.
Jim Price, Project Manager
Purcell Construction Company
727-919-6173 (Mobile)
727-584-3329 (Office)
727-587-6561 (Fax)
Item # 25
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Dunedin Pass - Mayor Hibbard
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 26
Attachment number 1
Page 1 of 3
Dunedin Pass Coastal Management History
Dunedin Pass, formerly known as Big Pass (see 1873 chart above), was the inlet that separated Caladesi
and Clearwater Beach islands. It was the dominant inlet serving St. Joseph Sound (the back-barrier bay in
northern Pinellas County) prior to the hurricane of 1921, which opened Hurricane Pass to the north. The
combination of this natural event and significant changes in tidal circulation in St. Joseph Sound led to the
destabilization of Dunedin Pass. Construction of the Clearwater Memorial Causeway in 1926, and the
Dunedin Causeway and Gulf Intracoastal Waterway both in 1963 redirected tidal flow away from Dunedin
Pass. Other dredge-and-fill construction, such as Island Estates in the 1950's, decreased the surface area
of the sound.
Following the 1921 hurricane, Dunedin Pass migrated over 1 km to the north as the spit on north end of
Clearwater Beach Island extended. Shoaling became a persistent problem in the 1970's. The U.S. Army
Corps of Engineers studied the pass, but addition to the federal program was not authorized. By 1984, the
pass had narrowed only about 50 m wide and 1.5 m deep, and the ebb delta exposed at low tide. In 1985,
the passage of Hurricane Elena generated 2.5 m waves, and eroded the ebb delta (shoal) of Dunedin Pass.
Without the protection of the ebb delta, tidal flow was not sufficient to maintain the inlet and the pass
shoaled and closed in 1988. The photo below looks south at the closed Dunedin Pass in 1992.
Item # 26
Attachment number 1
Page 2 of 3
? w.
Due to public interest in reopening Dunedin Pass, Pinellas County conducted an engineering and cost-
benefit analysis study in 1994. The study concluded that a $2.6 million (1994 dollars) dredging project
could open a 335-ft wide channel. Maintenance dredging would be frequent and costly at $500,000 every
two years to preserve a navigable channel. The cost-benefit ratio was extremely low. In addition, surveys
indicate that water quality in St. Joseph Sound in the vicinity of Dunedin Pass is better than in most other
areas of the County, with substantial seagrass coverage throughout the sound.
Pinellas County's Coastal Management policy for Dunedin Pass has been an advertent "no action" plan.
(i.e., we mean to do nothing). Today, the former position of Dunedin Pass is difficult to distinguish as you
walk along this beach. Nearly continuous dredging would be necessary to maintain a navigable channel
that would likely prove more costly than beneficial to both humans and the environment
The plot below illustrates the relative changes in inlet widths at Clearwater, Dunedin, and Hurricane
Passes. It illustrates the decreasing inlet width (dashed line) resulting from construction activities that
redirected tidal flow away from Dunedin Pass. This is a good example of the combination of natural events
and human modifications landward of the barrier islands resulting in natural inlet closure.
Item # 26
Attachment number 1
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MINIMUM INLET WIDTHS
1880 -1
1900 19 21 0 1940 19 6 0 1960
Ye a I
Hurr.ici?i R P;.7;5 C!IJ.nIldi.n Pa. N erk%,-p'sr pa,5
Figure from Lynch-Blosse and Davis, 1977.
Item # 26
Itachment number 2
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Item # 26
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Interoffice Correspondence Sheet
To: Pill Horne, City Manager
From: Pill Morris, Marine & Aviation Director
Date: November 23, 2009
RE: Dunedin Pass Issues
Bill, I met with Several Pinellas County staff in the Counties watershed management division, one Swiftmud
representative and Janicki Environmental, Inc., of St. Petersburg, Florida (brochure attached). Additionally I
have spoken to other County staff and the Army Corps of Engineers staff in Jacksonville. None of the issues
have changed from the permitting agencies perspective. The issues are:
a. The permitting agencies all consider this a project as "not in the public interest". In their language that
means no environmental benefit. A Pinellas County cost benefit study done in 1994 (attached) determined that
the cost benefit did not support reopening the pass. Further, due to the length of time that this water body has
had to change from an open pass to a closed and shoaling basin, it has become an estuarial environment that
contributes more benefit to the surrounding waters than any flushing action would from "re-opening" Dunedin
Pass. They went on to state that dredging of Sovereign submerged lands would be extremely difficult to
permit. It was mentioned at the time the pass closed the Army Corps and the Coast Guard decided to
abandon the pass and leave it closed.
b. I briefly discussed this with Pam Akin, as Pam recalled at best we could make an argument that we owned
one half of the bottom lands, essentially "the Clearwater side of the Pass"
c. The agencies involved (County and State) went further to point out that with the massive expansion of sea
grass beds in the area the project would not be able to be permitted due to the destruction of the massive sea
grass beds and estuary environment they (the sea grasses) support.
The agencies (County and State) and county staff I spoke with are well familiar with the non environmental
issues that would make this project difficult and expensive even with no environmental show stoppers. Those
issues are:
d. The "Beach Side" has constant sand migration to the North along Clearwater's beaches North of
Clearwater Pass. While we lose sand south of Clearwater Pass, we gain sand north of Clearwater Pass. To
re-open Dunedin Pass while a manageable engineering project from the mechanical side, it would require
significant maintenance dredging. In their (State and County) estimation dredging would be required every
two years to keep the pass navigable. We currently have an issue getting our existing federal waterways
dredged every 10 years. To get a pass dredged every two years would be a constant permitting process and
not have a high priority with the permitting agencies including the Army Corps.
In anticipation of these issues there was a group about 15 years ago or more that proposed giving the land
North of the Northernmost homes on North Clearwater beach to the state to add to the State Park and cut a
new pass South of Dunedin Pass right into the northern end of Mandalay channel as it nears the "old" pass.
This area has deeper water and fewer environmental issues but would require establishing land ownership
boundaries and negotiating with the state at the highest levels. At the time that was proposed, that too stalled
from lack of both financial and legislative support.
If I can be of any further assistance on this issue, I am at your service
Item # 26
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 27
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appreciation for Clearwater's Veteran's Day - Bob Swick, CVA and Bob Lavender, Boys and Girls Club Suncoast.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 28
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Youth for Human Rights Day Proclamation - Dustin McGahee, President of Youth for Human Rights Florida, and members Bryant
Guzman and Mila VonDohmain
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 29
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
We Care Fund - Jim Geary, Dir. Customer Service
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 30
Meeting Date: 11/30/2009
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Turkey Trot
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 31