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12/03/2009
- City Council Agenda Location: Council Chambers - City Hall Date: 12/3/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Youth for Human Rights Day Proclamation - Dustin McGahee, President of Youth for Human Rights Florida, and members Bryant Guzman and Mila VonDohmain Attachments 4.2 Appreciation for Clearwater's Veteran's Day - Bob Swick, CVA and Bob Lavender, Boys and Girls Club Suncoast. Attachments 4.3 We Care Fund - Jim Geary, Dir. Customer Service Attachments 4.4 Turkey Trot Attachments 4.5 Clearwater Human Rights Week Proclamation Attachments 5. Approval of Minutes 5.1 Approve the minutes of the November 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8070-09 on second reading, making EAR based amendments to the Community Development Code. Attachments 7.2 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 7.3 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 7.4 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 7.5 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. AttnchmPntc 7.6 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 7.7 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). Attachments City Manager Reports 8. Consent Agenda 8.1 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 approve the committee membership being one Councilmember, one citizen and three staff members. (consent) Attachments 8.2 Approve the Joint Project Agreement (JPA) with Pinellas County for Utility Installation by Contractor for Phase III of the Dansville Redevelopment project. (consent) Attachments 8.3 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 8.4 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(l)(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 8.5 Appoint Michael Engelmann to the Environmental Advisory Board with the term to expire December 31, 2013. (consent) Attachments 8.6 Approve changing the January 2010 Council meeting to Thursday, January 14 at 6:00 p.m. and Work Session to Monday, Januury 11 at 9:00 a.m. (consent) Attachments 9. Other Items on City Manager Reports 9.1 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 9.2 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 9.3 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 9.4 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 9.5 Approve the 2010 State Legislative Package. Attachments Miscellaneous Reports and Items 10. City Attorney Reports 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 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports Attachments 12. Council Discussion Items 12.1 Adopt Resolution 09-53 supporting the Tampa Bay Regional Planning Council as hosts of the 2012 National Association of Regional Councils Annual Conference. Attachments 12.2 Clearwater High School - Fundamental Status Attachments 12.3 Rental Vacancy Rates - Councilmember Gibson Attachments 13. Other Council Action 13.1 Other Council Action Attachments 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 # 1 City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: We Care Fund - Jim Geary, Dir. Customer Service SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Turkey Trot SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Human Rights Week Proclamation SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 5 Human Rights Begins Where, after all, do Universal Rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; farm or office where he works. Such are the places where every man, woman, and child seeks justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. - Mrs. Eleanor Roosevelt Human rights begins with your heart miraculously transforming hate to love. It begins with your mind inexplicably converting fear to courage. Human rights begins with your fingers astonishingly turning violence into caresses. It begins with your family evolving ignorance into intelligence It begins in your neighborhood ultimately challenging prejudice with tolerance. Human rights begins wherever you are © 2009 Igjaffe City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the November 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 19 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 17, 2009 Unapproved Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, and Councilmember John Doran. Absent: Councilmember Carlen Petersen Also William B. Horne II - City Manager, Rod Irwin - Assistant City Manager, present: Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order -.' --)r Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Reverend Dr. Scott Baker of First United Methodist Church 3. Pledge l ice - Mayor Frank Hibbard 4. Presentations 4.1 Citizen°s Aca y rauates of 2009 Certificates were presented to: Ronald Altic, Mary Kate Belniak, Nancy Emineth, Mike Engelmann, Elizabeth W. Folk, Jorge Gonzalez, Ming He, Howard "Gene" Hughey, Jeff Lawlor, Peter Leach, Gina McPheron, Hal Pheeny, Keith Protonentis, Sherry Pyatok, Marian Townson, Donald van Weezel, and Daryl Waterman. 4.2 Home, business, and n i h orhoo of the Quarter Awards The Neighborhood of the Quarter Award was presented to the Skycrest community. Home of the Quarter Awards were presented to: Thomas and Mary Sewell at 2391 Old Coachman Trail, David and Susan Rutter at 1878 Yale Avenue, James and Heather Bassick at 1021 Granada Street, and Edward DiPanni at 2015 Brendla Road. The Fall Council 2009-11-17 Item #16 Attachment number 1 Page 2 of 19 2009 Business Beautification Recognition Award was given to the Lincourt Medical Center at 501 Lincoln Avenue. 4.3 Iron an Triathlon Presentation Event Director Joanna Jordan thanked the City and residents for their support and efforts. 4.4 tat of the City Presentation - City Manage r City Manager Horne reviewed efforts to achieve vision statement priorities. 5. Approval of Minutes 5.1 Approve the minutes of the ove r 9 2 City Council Meeting as submitted in written summation by the City Clerk. Councilmember John Doran moved to approve the minutes of the November 5, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Not onjbp Agenda - None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the Annexation, Initial Land Use Ian Designation of Residential ran (RU) and Initial Zoning Atlas Designation of Low Medium Density_ Residential ( ) istrict for 1 aywoo Avenue (Lot 13, lock con Edition to Eastwood Terrace in ction 1 Township 2 outh9 an 1 ast)9 and pass Ordinances 8121-09, 8122-09 and 8123-09 on first read X - 1) This voluntary annexation petition involves a 0.17-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Baywood Avenue, approximately 110 feet north of Eastwood Drive. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. Annexation of the property will eliminate an enclave. The property is contiguous to existing City boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land Use Plan Council 2009-11-17 Item #Z Attachment number 1 Page 3 of 19 designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Baywood Avenue right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Council 2009-11-17 Item #?b Attachment number 1 Page 4 of 19 Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 13 Baywood Avenue (Lot 13, Block E, Second Edition to Eastwood Terrace in Section 18, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8121-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8121-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Ordinance 8122-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8122-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Ordinance 8123-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8123-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Council 2009-11-17 Item #-46 Attachment number 1 Page 5 of 19 7.2 oorov a Future Land Use Ian Amendment from the Residential Medium (RM) Classification to the Transportation/ tility v rlay and rainaqe Feature Overlay with xistin Residential Medium ( ) Classification for a portion of th prop rty located at 1980 Kings ihway (consisting of a portion of the Florida Power o[pg[gtion as nt9 a portion of the drains easement and a portion of lot less the east thirty feet in E.A. Marshall subdivision), and Dass Ordinance 8116-09 first r ain This future land use plan (FLUP) amendment application is related to a previous land use and zoning amendment known as 1980 Kings Highway (LUZ2006- 08004), which was requested by the previous owner, New Zion Missionary Baptist Church. The request was to change from the Institutional (INS) land use category to the Residential High (RH) category and to change the zoning from the Institutional (1) District to High Density Residential (HDR) District. The request was not approved as proposed, but a change to the Residential Medium (RM) future land use plan category and Medium Density Residential (MDR) zoning designation was granted. The Pinellas Planning Council recommended approval of the change, with the condition that the Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern portion of the property to reflect the existing utility (Progress Energy) and drainage (City) easements. The Board of County Commissioners acting as the Countywide Planning Authority approved this recommendation on March 13, 2007. At the time of approval, the City's Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan amendment was necessary in order for the condition to be met. The amendment which added the two overlays was part of the Evaluation and Appraisal Report-based amendments to the Comprehensive Plan which were adopted by the City Council in December, 2008 and approved by the Department of Community Affairs in February, 2009. The current amendment involves the southerly portion of the property, comprising approximately 0.65 acres in area. This amendment is to add the Transportation/Utility Overlay and Drainage Feature Overlay, along with the existing Residential Medium (RM) classification in order to meet the condition of the previous future land use plan amendment as described above. The Planning Department has determined that the proposed future land use plan amendment, as recommended, is consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment is consistent with the Comprehensive Plan, and the Countywide Plan Rules The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The application will not have an adverse impact on the natural environment. Council 2009-11-17 Item #$ Attachment number 1 Page 6 of 19 Please refer to the land use plan amendment (LUZ2009-07002) staff report for the complete analysis. In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously recommended approval of the Future Land Use Plan amendment. Vice-Mayor Paul Gibson moved to approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classification for a portion of the property located at 1980 Kings Highway (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). The motion was duly seconded and carried unanimously. Ordinance 8116-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8116-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Council 2009-11-17 Item 06 Attachment number 1 Page 7 of 19 The Planning Department determined the proposed historic designation of the building is consistent with three of the four criteria for evaluating historic properties specified in the Community Development Code (Section 4-407.F.2.a-c): . The property is associated with events that made a significant contribution to the board pattern of the City. The property is associated with the lives of persons significant in history. The property possesses distinctive characteristics of a type, period or method of construction. Pursuant to Community Development Code Section 4-607.F.3 historic properties shall be classified as exceptional, excellent, notable or of value as part of the scene. Based on the findings that the Clearwater Evening Sun Building meets three of the designation criteria, it should be classified as excellent. Please refer to the historic designation staff report (HIS2009-00001) for the complete analysis. The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously recommended approval. Ruth Eckerd Hall representative Robert Freedman said the organization always intended to restore the building to historical standards. The local historic designation will facilitate state and federal historic designations and funding opportunities. Councilmember George N. Cretekos moved to approve the historic designation of the Clearwater Evening Sun Building (aka Lokey Building) located at 401 Cleveland Street [consisting of the West of Lot 7, John R. Daveys 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]. The motion was duly seconded and carried unanimously. Ordinance 8118-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8118-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Council 2009-11-17 Item #Z Attachment number 1 Page 8 of 19 7.4 oorov the historic si nation of the Caoitol Theatre located at 405 Cleveland . The property is associated with events that made a significant contribution to the board pattern of the City. The property is associated with the lives of persons significant in history. The property possesses distinctive characteristics of a type, period or method of construction. Pursuant to Community Development Code Section 4-607.F.3 historic properties shall be classified as exceptional, excellent, notable or of value as part of the scene. Based on the findings that the Capitol Theatre meets three of the designation criteria, it should be classified as excellent. Please refer to the historic designation staff report (HIS2009-00002) for the complete analysis. The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously recommended approval. Councilmember George N. Cretekos moved to approve the historic designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the East of Lot 7, plus 30 feet and 3 inches of Lot 6, John R. Daveys 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]. The motion was duly seconded and carried unanimously. Ordinance 8119-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8119-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. Council 2009-11-17 Item #% Attachment number 1 Page 9 of 19 "Nays": None. Absent: Councilmember Carlen Petersen. The amendments that present a change in current policy or a new policy are outlined below: . Flexible Standard Development Uses in Industrial, Research and Technology (IRT) District - Countywide Plan Consistency (Pages 3-5 of Ordinance): Sets forth size restrictions in the Industrial, Research and Technology (IRT) zoning district for automobile service stations, major vehicle services, and retail sales and service uses and outdoor recreation/entertainment uses that are not part of a master development plan within the Industrial Limited (IL) land use category to 5 acres. If these uses exceed 5 acres, the property must be designated the appropriate future land categories that support these uses as primary uses. . Stormwater Detention Facilities - EAR-based Amendment (Page 7 of Ordinance): This amendment requires low impact development techniques for stormwater management. . Landscaping - EAR-based Amendment (Page 7 of Ordinance): This amendment adds "Florida-friendly" plant materials to those that are to be utilized Council 2009-11-17 Item #% Attachment number 1 Page 10 of 19 to satisfy minimum landscaping requirements. . Reclaimed Water in Subdivisions - EAR-based Amendment (Page 8 of Ordinance): This amendment requires developers of new subdivisions to provide internal reclaimed water systems when reclaimed water will be available within seven years. Historic Designation - EAR-based Amendment (Page 8 of Ordinance): This amendment allows the City in addition to property owners to initiate an application for historic designation. . Definitions and Rules of Construction - EAR-based Amendment (Page 9 of Ordinance): This amendment provides a new definition of Coastal Storm Area which incorporates and replaces the definition of Coastal High Hazard Area and is consistent with the changes made in the EAR-Based Comprehensive Plan amendments. . Wellhead Protection, Amendments to the Code of Ordinances Chapter 24 - EAR-based Amendment (Pages 9-10 of Ordinance): These two amendments 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 from a well for potential expansion/change of an existing use with contaminating materials. The Community Development Board (CDB) reviewed the proposed amendments at its regularly scheduled meeting on October 20, 2009 and recommended approval of proposed Ordinance 8070-09. As part of the motion, the Board recommended that application be made to designate North Ward School a historic structure. The Planning Department indicated to the Board that it is working with the School Board on the preservation of historic schools within the City. In response to questions, Planning and Development Assistant Director Gina Clayton said sandwich boards are not allowed in the city. The proposed changes are correcting an inconsistency until staff presents further changes. A subdivision is defined as three or more lots. Concerns were expressed that the requirement for reclaimed water infrastructure for new subdivisions not add to the cost of affordable housing. Council 2009-11-17 Item 4% Attachment number 1 Page 11 of 19 Councilmember John Doran moved to approve amendments to the Community Development Code and the Code of Ordinances to implement the EAR-based amendments to the Clearwater Comprehensive Plan, to bring consistency between the Countywide Plan Rules and the Community Development Code, to address the height of non-opaque fences on waterfront lots, adjustments to the Zoning Atlas, the clearance required for awnings, elimination of sandwich board signs without a permit in the Downtown District, and other minor editorial changes. The motion was duly seconded and carried unanimously. Ordinance 8070-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8070-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8079-09 on second reading, amending the future land us plan element of the Comprehensive Ian o the city to change the land use for certain real property whose post office address is 2337 Gulf-to- oulevard from Residential Medium ( ) to Commercial General (CG). Ordinance 8079-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8079-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. 8.2 Adopt Ordinance No. 8080-09 on second reading, amending the Zoning Atlas of the city y rezoning certain r al prop rty whoa post office address is 2337 Gulf - to-Bay oul vard from obit o ark (MHP ) to Co rcial ICJ Council 2009-11-17 Item 416 Attachment number 1 Page 12 of 19 Ordinance 8080-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8080-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. Ordinance 8088-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8088-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. 8.4 A oot Ordinance No. 8129-09 on second r a in . vacating the south five feet of a ten foot rainy and utility easement, less the west ten feet and the east five feet thereof, lyin south of and adjacent to the north property line of Lot 1229 r plat of Willow_ id e. Ordinance 8129-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8129-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: Council 2009-11-17 Item 4Z Attachment number 1 Page 13 of 19 "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. City Manager Reports 9. Other Items on City Manager Reports 9.1 Declare the list of surplus vehicles and quip ent surplus to the needs of th City and authorize disposal through sal to the highest bidder at the Tampa acin ry Auction, Tampa, Florida, and authorize the appropriate officials to execute same. cons nt All vehicles and equipment have been replaced as necessary and are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Councilmember John Doran moved to approve the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. The original loan terms required no payments for the first five (5) years of the loan. After this deferral period, the borrower would make annual payments of $8,000.00 per year. In a letter dated October 21, 2009, Jerry Spilatro, CSF Director, requested an additional five (5) year deferment due to low cash flow from Fulton Apartments. Low cash flow is a result of low occupancy rates due to the economy and neighborhood conditions. After a review of CSF financial statements, Economic Development and Housing staff recommends a mortgage modification to extend the deferred payment period Council 2009-11-17 Item 4?6 Attachment number 1 Page 14 of 19 of the loan for an additional five (5) years. This will allow CSF to continue to provide affordable rental housing units in the North Greenwood community. Countrv Club Homes On May 8, 2008, Mr. Peter Leach, Vice President of the SP Country Club Homes LLC, presented an application for funding for acquisition costs to acquire vacant real property to build 36 affordable townhomes. The application was presented as part of the City's Consolidated Planning Process. The amount of funding requested was not to exceed $700,000 from previous years Community Development Block Grant Funds. City Council approved the loan on June 5, 2008. The project will be located at the corner of Betty Lane and Drew Street. The original loan term is three-percent interest rate on the outstanding principal balance with deferred payment of principal and interest for five (5) years. If the developer fails to perform any the following: 1) file an application for site plan approval of the project on or before October 31, 2008; 2) obtain site plan approval from the City on or before June 30, 2009; or 3) commence construction of the Project on or before December 31, 2009, then Developer agrees, upon written demand by the City to convey the Property to the City by Special Warranty Deed in lieu of foreclosure. Given the current economic conditions and the state of the housing market, the Developer is unable to meet the agreed upon timelines and has requested an extension. After careful review, Economic Development and Housing staff recommends a mortgage modification to extend the timeframes for an additional five (5) years. This extension will allow the Developer time to complete the site plan approval, construct, and sell the affordable townhomes in the East Gateway District. In response to questions, Economic Development and Housing Director Geri Campos Lopez said low cash flows are due to low occupancy rates. The Fulton Apartments are difficult to rent out because of the smaller units and do not offer much space for families with older children. Four of 19 units are vacant. Economic Development and Housing Assistant Director Jim Donnelly said many individuals are moving back home. Staff was directed to provide a list of properties, and their occupancy rates, for which the City has a vested interest. In response to questions, Ms. Lopez said staff is comfortable that Country Club Homes will be able to meet the 5-year timeline. If nothing happens, then the city owns the property. It was requested that staff provide shorter timelines for future mortgage modifications Council 2009-11-17 Item 4-16 Attachment number 1 Page 15 of 19 and add property maintenance requirements to the agreements. Vice-Mayor Paul Gibson moved to approve mortgage modification agreements for Community Service Foundation, Inc. (Fulton Apartments) and SP Country Club Homes LLC (Country Club Homes) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Attorney Reports 10.1 Authorize payment of judgment in Case -747 -CI-119 School oar of Pinellas County v. City of Clearwater , in the amount of $197,295.36 plus 'interest of 11 % per annum from September 16, 2 08. In 1999 the School Board of Pinellas County brought a suit against the City of Clearwater contending that it was exempt from Clearwater's stormwater utility/user fee, and it sought to have Clearwater's Stormwater Utility Ordinance declared void, or alternatively, to have the ordinance declared inapplicable to the School Board. The School Board also sought damages equal to all stormwater utility/user fees previously paid to Clearwater, together with prejudgment interest. Clearwater counterclaimed for unpaid stormwater utility/user fees. While the case was pending in the Circuit Court, the First District Court of Appeals decided City of Gainesville v. State, Department of Transportation, 920 So.2d 53 (Fla. 1 st DCA 2005). The ruling of that case was that the state (or its subdivisions) could not be forced to pay stormwater utility fees in the absence of a written contract. Based upon City of Gainesville case the circuit court granted judgment to the School Board. On appeal to the Second District Court of Appeals the circuit court decision was affirmed. As a consequence, while the City's stormwater utility ordinance has been declared valid and our stormwater utility fee has been determined to be a valid user fee, the court has determined that the School Board enjoys sovereign immunity and may not be forced to pay for stormwater utility services. The final judgment is for $197,295.36 together with interest at 11 % per annum from September 16, 2008. Total principal and interest through November 17, 2009 is $222,803.21. Council 2009-11-17 Item *$ Attachment number 1 Page 16 of 19 It was stated that State Code requires that stormwater be provided to schools. The 11 % interest rate is a statutory requirement and ordered by the courts. Councilmember John Doran moved to authorize payment of judgment in Case 99-7479- CI-11, School Board of Pinellas County v. City of Clearwater, in the amount of $197,295.36 plus interest of 11 % per annum from September 16, 2008. The motion was duly seconded and carried unanimously. 11. City Manager Verbal Reports 11.1 City Manager Verbal ports It was stated that representatives from 5 hotels on South Gulfview wish to meet with Building Construction Manager Perry Lopez to discuss ways to expedite the project, review signage and potentially adding pavers and trees. Discussion ensued. Staff was directed to provide information regarding additional cost for pavers and if hoteliers are willing to help pay for additional costs. The council recessed from 8:07 p.m. to 8:12 p.m. 12. Council Discussion Items Staff researched different options to cover the new out of pocket costs for hospital admission, outpatient admission and maternity admissions. Additional options would be to pay for emergency room visits and additional AFLAC coverage. The spread sheet indicates the annual costs for the following reimbursements: Providing a $500 reimbursement per hospital admission is estimated to cost $75,000 based on projected use. Providing a $300 reimbursement per outpatient admission is estimated to cost $208,000 based on projected use. Council 2009-11-17 Item 4(6 Attachment number 1 Page 17 of 19 Providing a $1400 reimbursement per maternity admission is estimated to cost $30,000 based on projected use. Total annual cost is estimated at $313,000. Providing reimbursement for estimated emergency room visits would be $699,000. Third party administrative cost is estimated to be $3.00 per employee/retiree per month or $63,000. Premium for an additional AFLAC $500 per admission hospitalization rider for those 483 currently enrolled in the AFLAC Hospitalization plan is estimated at $60,000. Total of all options would be an increased cost to the City of $1.135 million. If directed to go forward with any of these options, the funding would need to come from the Central Insurance Fund reserves. The current approved plan already allocates $170,000 Central Insurance Fund reserves and the costs of any clinic related expenditures would also need to be funded from reserves. The below schedule shows how the City, employee, and total cost for the no plan changes CIGNA plan verses the approved CIGNA plan (based upon budgeted positions and current employee enrollment). 2010 2010 Difference CIGNA No Approved Plan CIGNA Plan Changes City Cost $11,814,777 $10,292,582 $1,522,195 Employee $ 3,245,652 $ 4,231,853 ($986,201) Cost otal $15,060,429',$14,524,435 $535,994 The current approved plan (both City and employee cost) is $14.5 million. Any expenses approved for reimbursing out of pocket expenses, etc. would be an additional cost to the City. This total cost should be compared to the no change plan cost of $15.1 million (both city and employee cost). In response to a question, Gehring Group representative Kurt Gehring said less than 10% of employees participate in the Flexible Spending Account option. Human Resources Director Joe Roseto said staff was analyzing the Request for Proposals for the Health Clinic and expect the item to go before Council on December 17, 2009. Staff anticipates the clinic to be up and running by March 2010. There was no consensus to proceed with an employee benevolent fund. Staff was directed to proceed with plans for health clinic. Council 2009-11-17 Item 4Z Attachment number 1 Page 18 of 19 12.2 Commercial Foreclosures and ix Month ccuoancv - Council member Gibson Assistant City Manager Rod Irwin said commercial foreclosures are an issue in the East Gateway area. Lost tenants are not replaced for 6 months and property owners incur a substantial cost to bring property to current code standards. Planning and Development Director Michael Delk said current ordinance addressing non-conforming uses and structures is citywide and has been in place for a long time. Current code has been successful in adding value and increasing tax base. The issue is precipitated by single occupancy properties that have sat vacant for a long time and property owners do not want to bare cost to bring up to code. Mr. Delk said an extended timeframe may discourage property owners from making major investments. Discussion ensued with no consensus to implement a timeframe extension. 12.3 Communities Putting Prevention to Work - Mayor Hibbard It was requested that the city submit a letter supporting Pinellas County's federal grant application to implement programs that help form healthy habits. There is no financial obligation to the city. Consensus was to provide a letter of support. 12.4 County Charter Review Committee Staff was directed to submit the Mayor's name if a decision has not been made. 13. Action Other Council 13.1 Other Council Action Councilmember George N. Cretekos expressed concern regarding work on ordinance to allow rental on trail getting pushed back due new assignment hotel density. It was stated the proposed ordinance is still on the December timeframe. Councilmembers reported on events in which they recently participated and reviewed upcoming events. Council 2009-11-17 Item 4% Attachment number 1 Page 19 of 19 Adjourn The meeting was adjourned at 9:12 p.m. Attest City Clerk Mayor City of Clearwater Council 2009-11-17 Item 4% City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 # 7 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 -1- OrdikeM x'078070-09 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: -2- OrdifteM x'078070-09 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 -3- OrdiAMM x'078070-09 Attachment number 1 Page 4 of 11 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. -4- OrdifteM *78070-09 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. -5- Ordiftelp8 *78070-09 Attachment number 1 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- OrdifteM x'078070-09 Attachment number 1 Page 7 of 11 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: -7- OrdifteM x'078070-09 Attachment number 1 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: -8- OrdifteM x'078070-09 Attachment number 1 Page 9 of 11 ********** 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 -9- OrdifteM x'078070-09 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- Ordiftelp8 *78070-09 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- OrdifteM x'078070-09 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 8 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 # 8 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. 9TWO ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 9 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. IfMrr8419 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. ft06-01) ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 10 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. I$MrY6-@510 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-0910 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 11 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 # 11 Ordinance No. 8121-09 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 12 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 # 12 Ordinance No. 8122-09 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 13 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 # 13 Ordinance No. 8123-09 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 approve the committee membership being one Councilmember, one citizen and three staff members. (consent) 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?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 14 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 # 14 ?- Meeting Date: 12/3/2009 City Council Agenda 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: Not to Exceed: For Fiscal Year: $42,200 $42,200 10/1/2009 to 9/30/2010 Budget Adjustment: None Annual Operating Cost: $42,200 Total Cost: $42,200 Appropriation Code Amount Appropriation Comment 315-96377 $42,200 Pinellas New Mains and Service Lines Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 15 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: I. 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 16 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 # 16 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 # 16 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 # 16 City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 Other Bid / Contract: Assoc. of 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 # 17 City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 SUBJECT / RECOMMENDATION: Appoint Michael Engelmann to the Environmental Advisory Board with the term to expire December 31, 2013. (consent) 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: 1. 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 # 18 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 # 18 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 # 18 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 {? - `PltA_h /# 18 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 # 18 City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 SUBJECT / RECOMMENDATION: Approve changing the January 2010 Council meeting to Thursday, January 14 at 6:00 p.m. and Work Session to Monday, Janaury 11 at 9:00 a.m. (consent) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 20 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: Resolutiott .*200 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 Resolutiott .*200 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 21 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 # 21 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. &tM-#Tl Attachment number 1 Page 3 of 3 Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. &tM-#Tl Attachment number 2 Page 1 of 2 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. 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. Ordinance No. 8130-09 Item # 21 Attachment number 2 Page 2 of 2 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 require a Request for Proposals process every five years to select an independent auditor rather than a mandatory rotation of independent auditors 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 AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. fftW-#T1 Attachment number 3 Page 1 of 1 MOTION TO AMEND ORDINANCE NO. 8130-09 ON FIRST READING On page 2, amend the ordinance as follows: The question to appear on the referendum ballot is amended to read as follows: Shall Section 2.01(c)3. of the City Charter be amended as provided in Ordinance No. 8130-09 to require a Request for Proposals process every five years to select an independent auditor rather than a mandatory rotation of independent auditors every five years? Pamela K. Akin City Attorney December 3, 2009 Item # 21 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 22 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 CLEARWATER BA'(FRONT MARINA ? - INE AfaQ r1,r{K P _ Ft: 741 1h? 1[iwrJSHIN ?k",u7 orve, F. ou lp Inc 41Gft r ' taint Sts=. SHEL.1 NO I FOR ' i9 {I L 1CN 414,1RF°: AND '*,-AL. 2" DR, IJAJi IV, I IJ1N,k KING JR. SINErr. K 5a. 4 TI?`-OIPI;, rr r?11H)A :s.;MM I`HC??T [727) 8;;-4317 FAX 027) 872-'[9151 8pX A1++.1111 L+?l ul?i -LNU Niil:utu?u,NnuNU', tr?r,r l?estU,,c,4 t -I'I.tt NINC?itJk yr IirJ .. ?l i tlr :+itlr?n lAtsa GF?IrF-IUL LIXLW?,LIU WJ1or,_?-?w,oul+, LU uL,,Cr{ cMnDs.l. t?LIL I v W ca W_ 71- f ?a c h2I5'ARIAN ' .f 0 z5 r,? y ;r V Tit c? cl to ?y -r• ? iy.l'.. ? _ ?F ?•,L?I'! r.., ,off '. ?/,a... .? e'x i ir, ?- ? r' '?/I/ I,rA _. ?f ? i • {-?oj - ., m? r 06 "3 1 Deed #,f'I / 502 tfuct 20 50 GRAPHIC: SCALE 1 100, I Attachrae ry#`nC+tT? )le 1 r zxx Page , f 1 T1 c7 k ° _(• w F if POINT r , Z f LINE f _ - _.. .,.. -. _... - _ --,,. .. -_ .. .. _. FACE r?? ?,EANnLL AND ',F PP0XPPL'FE FA AN H14 H WATER LINE - -j` (; GS LFET NAVti 6$) ca••a Vor 1,Yrrt, 692 , ?' ? • _ _ 1www.la6lns..arv $• ? ? y `d 7 - r ? ht I1eed 17,496-A Deed , 140230 I m, Pf L lAULL r 6 EPJI ? I 1 Pl l? FtF-I IPJ r y 1" ? r, ' ? S ? hrt rJJ? , I CERTIFIED o } PY A011 ra['Ai?IAN A'L L Ljdj r ? l ust?ae; 11PIW) CLEAR WATER IMY € 1 MARINA l s , ocL D R tr?L L ! - SECTION l e=_ TOWNSt P 29 .s ; I E , ? e ? NOTE SEE . ET NU. 1 ri n ?s SIGNATURE AN N UAL,. r {, r1 uAkIN r iH u . i HUHru Nllr {1hr1 '.. i I pHnHE (]lif A12-i31i '' FAX ?7lJ) R1?-)919 I i -. i F-. , G . f?lrr ?r NidNrr NING?I N>r1HlR,utNIA:'I+.lJIrSr.p,yt ?F VdFY?Nr ?'.ah: ?T i7Nu•?i C'.i`'... t;F a l nag i ?uvllu u i'Akl nn °?w a -nix ?+• THIS D-ID +Ji;`) UR l: r .u `r1: ;ti, A. i r 1 - ;'. itx.?E•sr?l,rs SALINE 11OFFt';r UjR, ul.-ial,.aa`1 iud, 1 Lhu COLLatty" tat I'ita, 1t.3:' }ttlf t?ktf f is 1-ur•s•4.„ fr.'rt' 43l L1sc f.3 .t 13?tt s, .,f'B I.IT 1`S,Oitls'1_'r.? x iraarl3i i1a,11 1' rt I- -J 41 fI `.„.1 •" Ill -tilistx; I Ir,°=s• z 1't-4 I'+ .- -_ _- k yti a„ :s r v; :1ta: 2°, }. 1,.. i k`"r party ?,a L 3, y" t „y-aa 1. 1-1- f, r.a 1,`,r 1 '1' I' F,., S F. T li .. g -J Tiiat tlarr .:73'11 zrt; -f t:," L,rA 13611-tn f 0l' .:lttl ill Attachment number 1 I'' Page 11 of 14 llhe 1311181 Of s 11V tyk?l[ea' ;'31t1 .,rtrt;l Ict,?,L1?r a, re. 111,E ? 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IIi 6`ta•F9cert:n aal`; i, x I r ti4TIa f 5j Vr L ? `tom ? i rqI A JY' C?'S L? _ rk ,r Attac umber 1 Page 4 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 #??2 City Council Agenda Council Chambers - City Hall Meeting Date: 12/3/2009 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2010 State Legislative Package. SUMMARY: Meeting Date: 12/3/2009 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 # 24 Attachment number 1 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 # 24 Attachment number 1 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 # 24 Attachment number 1 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 # 24 Attachment number 2 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. • Allow red-light camera enforcement. • Prohibit text messaging while driving and require hands-free cellular phones. 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. • Offshore Oil Drilling in the Gulf of Mexico until alternative energy sources are developed and implemented and existing leases are utilized where found to be appropriate. • Imposed consolidation of municipal and county services. • Expansion of gambling activities in the State of Florida. 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 # 24 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/3/2009 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 Comments: Current Year Cost: Not to Exceed: 910.00 For Fiscal Year: Appropriation Code 010-09600-548000-514-000- 0000 10/01/2009 to 09/30/2010 Amount 910.00 Budget Adjustment: No Annual Operating Cost: Total Cost: 910.00 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 25 ?- Meeting Date: 12/3/2009 City Council Agenda 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 # 26 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 # 26 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 27 ?- Meeting Date: 12/3/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 09-53 supporting the Tampa Bay Regional Planning Council as hosts of the 2012 National Association of Regional Councils Annual Conference. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 2 RESOLUTION NO: 09-53 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 21 st 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; 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; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. 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. Resolutitteft9428 Attachment number 1 Page 2 of 2 PASSED AND ADOPTED this day of December, 2009. CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution 09-53 Item # 28 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater High School - Fundamental Status SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 3 CLEARWATER HIGH SCHOOL ALUMNI ASSOCIATION, Inc. 540 S. Hercules Avenue, Clearwater, Florida 33764 -Mailing Address- Dear Tornadoes and Friends, 611 S. Ft. Harrison Avenue, Suite 319, Clearwater, Florida 33756 We are contacting you in this method because IMMEDIATE action must be taken by all of us to support our Clearwater High School. I will try to make this clearer. The Pinellas County School Board has taken under consideration the possibility of creating another "fundamental" high school in our county. Clearwater High School has been trying to obtain this title for over a decade. We have twice tried for fundamental status. First with the creation of the Program for International Culture and Commerce when the county school administration announced there would be no further magnet or fundamental programs in Pinellas County until the federal court situation was settled. Clearwater High then applied for fundamental status when they decided to create the first fundamental high school in Pinellas County five years ago. Osceola High School was awarded that status. Now the school board appears to be preparing to create a second fundamental high school. Clearwater High School, it's administration, faculty, staff, coaches, School Advisory Committee and community are ready once again to take on this challenge. The immediacy of this situation is that Dunedin High School has already started to slam the county school board with letters from Dunedin community leaders and families trying to beat us to the punch (so to speak). Because of their drive they have already been mentioned as a possible contender. It is imperative that the entire CHS community and its leaders rise up to this occasion again and bring fundamental status to our community's high school..."good ole CHS." We have included a letter of information that you can use to guide your thoughts when putting your own letter of support together to send to our Pinellas County Schools Board and Administration. Let no stone be unturned in this situation. Please address school board members individually (I know it takes more time and stamps) or as a group, but it is all about volume and getting the point across. No matter where you are, who you are, how old you are... you are Clearwater and we are Tornadoes. Time is of the essence to get into their consideration as they toss this concept around again. To our business community we ask that you use your letterhead to show the wide spread support we have for this program at Clearwater High. Please forgive spelling and/or grammatical errors as you go through this information. I ran spell check and tried to correct mistakes. We wanted to get this out ASAP. Please make your letter(s) as short or as long as you want. We need these at the county office. Thanks! Your CHS Alumni Association continues to grow and support our school and community. Sincerely, John C. Tsacrios, President, SAC member Jim W. Barber, Vice President Item # 29 Attachment number 1 Page 2 of 3 PART II PINELLAS COUNTY SCHOOLS 301 4th St SW Largo, FL 33770 Superintendent of Schools ............ Julie M. Janssen, EdD. School Board .............................. Peggy O'Shea, Chairwoman Janet R. Clark, V. Chairwoman Nina Hayden Mary L. Tyus Brown Robin Wikle Carol Cook Carol Cook Linda S. Lerner Dear As a (parent), (alumnus), (business and/or community leader), I (we) have heard the recent discussions and support the creation of a second fundamental high school in our Pinellas County. The school board has indicated a strong support for this program in the coming year(s). I (we) understand that input for this school has not been requested, but I would like to remind the board and administration that the Clearwater High School community has been trying to get this program for almost two decades. I know that the Clearwater High School administration, faculty and staff have thoroughly discussed and approved the creation of this environment at CHS. This past week the School Advisory Committee voted unanimously to support this program at Clearwater High. The community of Clearwater has long sought this concept in our city. In 1989 a team of Clearwater High teachers and community leaders worked with Dr. Richard Puglisi at the University of South Florida's Stavros Center for Economic Development to create a fundamental business program that became the Program for International Culture and Commerce (PICC) for Clearwater High School. The modified fundamental PICC program became a draw to the families of Coachman Fundamental and Megas programs from Kennedy and Safety Harbor Middle schools. The Clearwater High School/PICC program was prepared to go to the school board to seek magnet and/or fundamental status when the superintendent announced that there would be no more magnets or fundamental programs until the federal court case was settled sometime in the future. The PICC program has thrived at Clearwater High with the support of the school's several administrations, faculties and community support. Five years ago Clearwater High applied to become the county's first fundamental high school. Osceola High School received that recognition. Now, as you prepare for the future, Clearwater High School and our community are already situated and prepared to become the second fundamental high school in Pinellas County. Parent and community involvement are key ingredients for a fundamental school. I (We) believe that all records will show that Clearwater High has the strongest history of community and parent support. CHS has been a Five Star School since the creation of that recognition. Clearwater High has sixteen Outside Support Organizations. Most other schools may have half that number. CHS has a strong PTSA and SAC. The Clearwater High School Alumni Association and its community support have created many scholarships and partnerships for our students. CHS already has an outstanding number of honors and Advanced Placement courses. The Career Academy of International Culture and Commerce (formerly PICC) is stronger and growing on its fundamental philosophies and community support. Please consider that no other high school is geographically situated or centered better for this program than Clearwater High School. One of the possible reasons to Osceola High at only 33% of occupancy might be its location and requirement that fundamental students furnish their own tra 48"t" Attachment number 1 Page 3 of 3 CHS is on several PTSA bus lines and is located right on SR 60 (Gulf to Bay Blvd) for easy access for all. Clearwater Fundamental Middle School is just blocks away and is one of our main feeder schools. Their organizations already meet at our school due to lack of room at their school. Many of the students from Oak Grove, Safety Harbor and Dunedin Highlands Middle Schools also seek seats in the expanded CAICC program at CHS. Based on all of the requirements for a fundamental program it is clear that Clearwater High School meets and/or exceeds all needs to become the next fundamental high school in Pinellas County. I (We) respectfully request our Clearwater High School and this community be given this honor to be a fundamental showcase for Pinellas County Schools. Thank you! Sincerely, (Your name) (Your address) (Your phone number) Item # 29 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Rental Vacancy Rates - Councilmember Gibson SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 30 I H LU a ? 3 O z _ w ! z z j Q Q u; O a L 1 ' Z i W a v O C1C Z a a O _j 0 u < t! 12 LLJ P CC Z Q" W W cc CC. 4 & LL # O m O Ln Ln LM N M Ln (.D n C)' E E E 0 0 0, 0 0 0 o `a -0 v v v M co co ri N m Ln rt 0 i W -I lD d Ln un ! vi. ai E E E n 0 0 0 ?i o 0 0 o a -0 v aj v. m co m ri N M ?I Ln ! N N Ln Vj 0 a El V a _ Ei _ a v E I ??' Q m m a z' 4 4 Q LL 0) Ln Ln Ln m r-I N 01 cD co ?D n E E' E E o of o o 0 00 0 v v a? v CC m co co N ro r-i N O N , o Ln Ln zr m N ?T lD Ln vl- E E' E E o o' o o 0 0 0 0 -0 -0. -a -a v v 4] N m co co m N m -4 N 0 N . ri ?I ? m ri r-i r4 O N m Ol N ? n N N ri N ?I E +J m C fl- a Q E 0 t o m GI? CL o v E E' Om. m a a co r_ m 0 0 J F- c a s 41 a 0 w a u c d E LL. V; a m m a C a a 0- a E m tw 0 CL N M C m io m a 0 tA 0 cn 3 O a N W ? a v o Q z a Attachment number 1 Page 1 of 1 Per request from the last council meeting, below is the information on the vacancy rate for rental projects that the city has a vested interest: Name of Apartment Available Units Vacant units/Rate Alpine Apts 4 2 (50®%) Fulton Apts 19 5 (26%) Leo Lane Apts 22 2 (9®%) Greenwood Apts 179 21 (12®%) Item # 30 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 12/3/2009 Review Approval: 1) Clerk Cover Memo Item # 31