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08/18/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 8/18/2010- 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 Service Awards Attachments 4.2 Diversity Leadership Council Poster Contest Winners Attachments 4.3 Presentation of Menorah by Rabbi Shmuel Reich Attachments 4.4 Make a Difference Fishing Tournament Day Proclamation Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 5, 2010 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the applicant's request to vacate a portion of a drainage and utility easement located on the applicant's property, 2355 Wetherington Road, as more particularly described in the ordinance and approve Ordinance 8210-10 on first reading. (VAC2010-04 Lightner) Attachments 7.2 Approve amendments to the Clearwater Downtown Redevelopment Plan and pass Ordinance 8192-10 on first reading. Attachments 7.3 Approve the Annexation, Initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2271 Landmark Drive (East 965 feet of North 1/z of Southeast 1/4 of Section 32, Township 28 South, Range 16 East, less roads on North, East and South); and pass Ordinances 8203-10, 8204-10 and 8205-10 on first reading. (ANX20 10- 05002) Attachments 7.4 Approve the Annexation, Initial Future Land Use Map Designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1824 and 1848 Carlton Drive, 1807, 1812, and 1830 Diane Drive, 1720 and 1759 El Trinidad Drive, 1729 Evans Drive, 1704, 1713, 1751, and 1754 Grove Drive, 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive, 1818, 1825, and 1830 Marilyn Drive, 2762, 2784, 2794, and 2798 Morningside Drive, 1825 Skyland Drive, 2773 Terrace Drive, 1715, 1725, 1728, and 1736 Thomas Drive, 1810, 1818, 1819, 1826, 1827, 1834, 1835 and 1842 Winwood Drive and Initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and Initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive (parcels from the Carlton Terrace, Carlton Terrace 1st Addition, Virginia Grove Terrace, Virginia Grove Terrace 1 st Addition, Virginia Grove Terrace 3rd Addition, Virginia Grove Terrace 4th Addition, and Winwood Subdivisions in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8189-10, 8190-10 and 8191-10 on first reading.(ATA2010-04005) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8168-10 on second reading, amending Chapter 30, Code of Ordinances, regarding parking enforcement, delinquent fines, collections, ticket dismissal, removal or rental of municipal parking for special purposes or valet parking operations, and modifying fees. Attachments 8.2 Adopt Ordinance 8202-10 on second reading, amending the watering schedule for all water sources, adding Section 32.110, Code of Ordinances, establishing a general watering schedule during periods of no drought, and amending Section 32.383, regarding reclaimed water hours of use. Attachments City Manager Reports 9. Consent Agenda 9.1 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) Attachments 9.2 Approve increasing an existing purchase order to Bright House Networks, Saint Petersburg, FL by $167,000, for a new total of $237,000, for internet and network services to various City facilities, extend the contract end date to Septembr 30, 2013 and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $146,497.17, for a 12-month period beginning October 1, 2010 and ending September 30, 2011. (consent) Attachments 9.4 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an amount not to exceed $250,000 for the purchase of Goodyear tires for city motorized equipment during the contract period September 1, 2010 through August 31, 2010 in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid and authorize the appropriate officials to execute same. (consent) Attachments 9.5 Approve a Work Order in the amount of $205,520.00 to URS Corporation Southern (EOR), to provide professional engineering services for the design, permitting and bidding for Greenlea East-West Reclaimed Water Interconnect Project (10-0038-UT), and the appropriate officials be authorized to execute the same. (consent) Attachments 9.6 Accept a 5-foot Reclaimed Water Main and Utilities Easement over, under and across the East 5 feet of Lot 12, Renaissance Oaks, as conveyed by Larry and Mary McDonald in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attachments 9.7 Approve Change Order 1 to Volt Telecom of Clearwater, Florida, for the Morningside Reclaimed Water System (05-0022-UT) construction contract in the amount of $234,165.96, and approve a work order to URS Corporation in the amount of $256,155 for additional Construction Engineering and Inspection (CEI) services for various reclaimed water expansion efforts, and the appropriate officials be authorized to execute same. (consent) Attachments 9.8 Approve Second Amendment to the Interlocal Agreement between Pinellas County and its NPDES Co- Permitees for the design, implementation, operation and maintenance of the ambient water quality- monitoring program at an annual cost to the City of $36,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.9 Ratify and Confirm Change Order 3 to APAC, Southeast, Inc., of Lutz, Fl for the East Avenue Trail Connector - Turner Street to Drew Street (09-0023-EN) in the amount of $38,463.30, for debris removal on East Avenue from Pierce Street to Turner Street and restoration of Franklin Street Crossing. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Confirm the City Manager's appointment of Rosemarie Call, as City Clerk, to be effective August 30, 2010. Attachments Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Amend Section 6.29, Code of Ordinances, to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments and pass Ordinance 8213-10 on first reading. Attachments 11.2 Authorize an increase in funding to outside counsel firm Bricklemyer, Smolker and Bolves in the amount of $200,000 for representation of this case through trial. Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports Attachments 13. Other Council Action 13.1 Other Council Action Attachments 14. Closing Comments by Mayor 15. Adjourn ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Five Years of Si Barbara Pickell John Hennessy Kyle Wilson Paul Roskey April Troyer Heather Latham Paul Hagedorn Willie Hill :rvice Library Customer Service Planning & Development Services Parks & Recreation Library Economic Development Library Public Utilities Ten Years of Service Anthony Hadley Solid Waste/General Services Judith Crawford Public Utilities Fifteen Years of Service William Fry Fire Julie Phillips Planning & Development Twentv Years of Service Betsy Clement Public Communications James Pyatt Police James Nungester Solid Waste/General Services Roland Martens Engineering William Jaroszek Information Technology Twentv-Five Years of Service Patricia Meri Customer Service Benjamin McBride Police Konrad McCree Solid Waste/General Services Stephen Doherty Engineering Thirty Years of Service Jerry Williams Solid Waste/General Services George Miller Solid Waste/General Services Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Diversity Leadership Council Poster Contest Winners SUMMARY: Meeting Date: 8/18/2010 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Presentation of Menorah by Rabbi Shmuel Reich SUMMARY: Meeting Date: 8/18/2010 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Make a Difference Fishing Tournament Day Proclamation SUMMARY: Meeting Date: 8/18/2010 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date: 8/18/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the August 5, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 27 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 5, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. Draft To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Destiny Youth Pasto Gill from New 3. Pledge of Allegiance - Hibbard Mayor Frank 4. Approval of Minutes 4.1 Approve the minutes o the July 159 2 1 City Council Meeting as submitted in written summation y th City I r. Councilmember Bill Jonson moved to approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Citizens Andrew Loomis expressed concern with the funding obligation required for the Pension Fund. Council 2010-08-17 Item #15 Attachment number 1 Page 2 of 27 Public Hearings - Not before 6:00 PM 6. Administrative Public Hearings 6.1 Approve a n nts to the Clearwater Co r h nsiv Ian adding utur Land s ap categories for transit oriented v lop nt, ain an of ctiv and polici s pertaining to the new categories, and pass rinance 8201-10 on first read ing.(C A 1 - 1) The Federal Transit Administration's (FTA) New Starts Program funds fixed guideway projects. The Alternatives Analysis is the first step in fulfilling the New Starts criteria. The Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation (FDOT) signed a Memorandum of Understanding to undertake an FTA Alternatives Analysis. The Alternatives Analysis will identify a preferred transit alignment and station locations in Pinellas County. The second step in competing for funding in the New Starts program is justifying transit projects by having transit supportive land use policies. The TBARTA Land Use Working Group developed transit oriented development guiding principles. Using these principles throughout the Tampa Bay area will make it easier to work towards common goals and effectively compete for funding. This amendment contains transit-oriented development policies based on TBARTA's guiding principles. The Planning and Development Department is proposing amendments to the Clearwater Comprehensive Plan that add plan classification categories for transit oriented development and an objective and policies pertaining to the new categories. The new categories and their intensity standards are as follows: The policies address the following issues: How transit station locations and typologies are determined; How transit station area plans are adopted; How transit station area planning is handled when it traverses jurisdictional boundaries; Council 2010-08-17 Item #Z Attachment number 1 Page 3 of 27 What each transit station area plan must include; The guiding principles to be followed in the planning, design and development of transit station area plans as related to: - Community & Economic Development - Land Use - Mobility - Parking - Urban Design A copy of the staff report, which contains further analysis and information on the proposed amendments, is available. The Community Development Board (CDB) reviewed the proposed plan amendment at its meeting on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Councilmember George N. Cretekos moved to approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories. The motion was duly seconded and carried unanimously. Ordinance 8201-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8201-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7. Quasi-judicial Public Hearings 7.1 ogrov a Future Land s ao Amendment from the Residential ran (RU) classification t t Institutional (I) classification and a onin Atlas Amendment from the Low Medium nsity sid ntial ( ) istrict to the Institutional istrict for prop rt at 11Q N. McMullen Booth Road, located on the northeast corner of Vir inia Avenue and Meadow Lark Lan in Section 16, Township 2 South, an 1 ast, and oass Ordinances 1 3-1 and 1 -1 on first r aing . ( Z 1 - 1) The proposed amendments involve 0.219 acres of land located at the northeast Council 2010-08-17 Item #?b Attachment number 1 Page 4 of 27 corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church (applicant). The subject property is undeveloped. The applicant intends to use the property in the future for stormwater drainage or athletic fields for church/school use. The request is to change the future land use classification of Residential Urban (RU) to Institutional (1) and the zoning designation of Low Medium Density Residential (LMDR) to Institutional (1). The applicant recently received approval for Institutional land use and zoning designations for 28 parcels surrounding the subject property, which was inadvertently excluded from the prior action by the applicant. The Planning and Development Department has determined that the proposed future land use and rezoning amendments are consistent with Community Development Code standards in that: The proposed land use plan and zoning amendments are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. A complete analysis of the proposal is included in the staff report. In accordance with the Countywide Plan Rules, the Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the proposed amendments at its public hearing on July 20, 2010. The Planning & Development Department will report the Board's recommendation to the City Council at a public hearing on August 5, 2010. In response to a question, the City Attorney said the Mayor did not need to recuse himself. Councilmember Bill Jonson moved to approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (1) classification and a Council 2010-08-17 Item #1b Attachment number 1 Page 5 of 27 Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (1) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. Ordinance 8193-10 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8193-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8194-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8194-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The applicant is requesting to amend the Future Land Use Plan Map designation for the parcels from Institutional (1), Commercial General Council 2010-08-17 Item #? Attachment number 1 Page 6 of 27 (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature and to rezone it from the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts in order to expand the existing college and to make certain land use and zoning designations consistent with the actual characteristics of the area. The proposed Institutional (1) future land use category would permit up to 331 dwelling units (993 dormitory beds) or a maximum of 751,736 square feet of nonresidential floor area; however, the college is comprised of residential and nonresidential space so a mixed-use calculation is required. The applicant is proposing to limit the residential density to 750 dormitory beds and the nonresidential intensity to 170,000 square feet of classrooms and administrative facilities through a development agreement (DVA2010-06002). The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. Based on the proposed mitigation plan, the applications will not have a negative impact on the natural environment. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site and the density allowed in the Institutional Plan Category, review and approval by the Florida Department of Community Affairs is also required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment. The Development Agreement proposes dividing the total property into two areas, a Mitigation Area (98.99 acres) and a Master Plan Area (32.06 acres). The proposed agreement includes a conceptual Master Plan limiting residential density to 750 dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for access to Coopers Point Nature Park. The Mitigation Plan requires upgrades to the entire site's stormwater facilities within the Master Plan Area, application for approval of a Mitigation Bank, a conservation easement Council 2010-08-17 Item #F5 Attachment number 1 Page 7 of 27 over the Mitigation Area, and establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. The Planning Department has determined that the proposed Development Agreement is consistent with the City's Comprehensive Plan. Please refer to the attached development agreement (DVA2004-00004) staff report for the complete analysis. Administrative Public Hearina on Land Use Amendment Planner Lauren Matzke provided a PowerPoint presentation regarding the land use plan amendment. The City Attorney stated that the record will include the staff report and documents presented at the Community Development Board meeting. In response to a question, Ms. Matzke said 5.6 acres are currently designated Institutional. Applicant representative Katie Cole reviewed the proposed project. The application was well thought out and worked on for the last 5 years. The eagle's nest is 9 feet from the property line not the proposed development. Dave Gildersleeve, Wade Trim, said the application is consistent with the city's comprehensive plan. Much of the campus was constructed in the 1960's and 1970's before stormwater regulations were in effect. The project will improve water quality and lock in densities and intensities of uses. Tom Kuba, environmental professional, said the proposed mitigation plan will improve the habitat. Restoring the water flow will assist in flushing the mangrove. Beverly Burkett, mitigation plan developer, reviewed the mitigation banks, or preapproved environmental areas, that require federal and state approvals and regional environmental benefits. The mitigation bank requires establishing a trust fund to maintain the property, which is transferred along with the land. There are 55 mitigation banks in Florida. The mitigation plan must be implemented in conjunction with development. In response to questions, Ms. Cole said the campus comprises 131 acres with 19.4 acres of Institutional. Once the institutional land use is consolidated, there will be 26.55 acres. The mitigation plan area entails 98.99 acres. If request is approved, the applicant cannot come back to the city and ask for any of the 98.99 acres preservation. The mitigation plan is implicit to the bank. Portions of the credit generated by the mitigation bank will be used for the project. If a mitigation plan is not approved by permitting agencies, the city can use a land use amendment to unwind any approvals given tonight. It was stated that the item before council changes the land use and zoning which allows the applicant to work with other regulatory agencies and obtain necessary permits needed to implement project. Council 2010-08-17 Item #T Attachment number 1 Page 8 of 27 In response to a question, Engineering Director Mike Quillen said once the applicant receives all necessary permit approvals, the applicant must obtain a CO (certificate of occupancy). The CO will not be issued until the mitigation is completed. A certificate of completion will be issued once the ballfield is completed. The Council recessed from 7:34 p.m. to 7:49 p.m. Twenty individuals spoke in opposition and three individuals spoke in support. In response to questions, Ms. Cole said 99 acres will be turned over to the state or city upon completion of the mitigation plan. The ballfield will be lit. If the project cannot comply with the Bald Eagle Management Plan guidelines, the ballfield could not be constructed. There are 11 permitting agencies that must give approval. Mr. Kuba said he has been studying the area for 10 years. Mr. Gildersleeve said the parking lot will meet impermeable requirements as required by code. Discussion ensued with concerns expressed regarding water quality in the area and impact to bald eagle. It was noted that the proposed project requires approval from various federal and state agencies. Councilmember Paul Gibson moved to approve the Future Land Use Plan Amendment from the Institutional (1), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories. The motion was duly seconded and carried unanimously. Ordinance 8197-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8197-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The Council recessed from 10:14 p.m. to 10:20 p.m. Quasi-Judicial Public Hearing on Re-zoning Planner Lauren Matzke provided a PowerPoint presentation regarding the re-zoning. The City Attorney stated that the record will include the staff report and documents presented at the Community Development Board. Six individuals spoke in opposition and one individual expressed concern. In response to a question, the City Attorney said the re-zoning will be invalidated if the Council 2010-08-17 Item #6 Attachment number 1 Page 9 of 27 land use amendment is later found invalid. Vice Mayor John Doran moved to approve the Zoning Atlas Amendment from the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts, for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8198-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8198-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Administrative Public Hearing on Development Agreement Planner Lauren Matzke provided a PowerPoint presentation regarding the development agreement. The City Attorney stated that record will include the staff report and documents presented at the Community Development Board. In response to question, Environmental Manager Ed Chesney said the public may provide comments regarding the mitigation plan once the agency has posted a notice of intent. M. Matzke said the development agreement includes language formalizing a hurricane evacuation plan. Three individuals spoke in opposition. One individual questioned the development agreement. The City Attorney said the development agreement may be amended during the life of the agreement. The development agreement has a term of 20 years. Councilmember George N. Cretekos moved to approve the Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater. The motion as duly seconded and carried unanimously. Resolution 10-18 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 10-18. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 Item #% Attachment number 1 Page 10 of 27 7.3 env a Future Land s Mac) Amendment from the Residential/Office General This future land use map amendment and rezoning application involves 1.23 acres of an approximately 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential/Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have commercial future land use and zoning classifications. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently proposed. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and rezoning amendment are inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code; The available uses in the Commercial (C) District are incompatible with the surrounding area; and The proposed amendment conflicts with the character of the neighborhood. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. Council 2010-08-17 Item 4(b Attachment number 1 Page 11 of 27 The Community Development Board reviewed this application at its public hearing on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Administrative Public Hearing on Land Use Amendment Planner Cate Lee provided a PowerPoint presentation. The Community Development Board recommended denial of the applicant's request at the July 20, 2010 meeting with a 4:3 vote. In response to a question, Planning and Development Director Michael Delk said there is an excess of retail space in the proposed area. Ms. Lee said a bank is currently an allowed use. Applicant representative Todd Pressman provided a PowerPoint presentation. The former bank site has been vacant since 2006 and has fallen into disrepair. Mr. Pressman said the neighboring property owners he has spoken to support the applicant's request. He submitted a copy of a contract to purchase the property by the developers of Family Dollar stores. In response to questions, Ms. Lee said the permitted uses allowed in the commercial general designation include restaurants, retail services, and overnight accommodations. Mr. Delk said the area is mainly residential and staff recommends staying at a lower intensity land use and zoning. Concerns were expressed with uses allowed with commercial general zoning designation and impact it would have on character of neighborhood. The City Attorney noted that the purchase contract provided by the applicant was not signed and therefore not valid. Mr. Pressman said the contract is contingent on the zoning change. Two individuals spoke in support. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the land use zoning case should not force the applicant to a particular site plan. It was suggested the item be continued in order for the applicant to submit a site plan. Planning and Development Assistant Director Gina Clayton said the item requires a large scale plan amendment that requires approval from the Department of Community Affairs. If the item is not approved now, the request must wait until next year. Council 2010-08-17 Item 415 Attachment number 1 Page 12 of 27 Vice Mayor John Doran moved to deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW '/4 of SW '/4 of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates. The motion was duly seconded and upon the vote being taken: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Quasi-Judicial Public Hearing on Re-zoning The City Attorney noted the public hearing is open but the zoning requested is not allowed under the current land use plan. Councilmember George N. Cretekos moved to deny zoning request. The motion was duly seconded and upon the vote being taken: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Council 2010-08-17 Item 4Z Attachment number 1 Page 13 of 27 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 174-1 on second reading, annexing certain r al Property whoa post office ar ss is 133 West Grapefruit Circle, into the corpo ate limits of the city and redefining the bounds lines of the city to include said addition. Ordinance 8174-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8174-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard 8.2 Adopt Ordinance No. 8175-10 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 133 West Grapefruit Circle, upon annexation into the Citv of Clearwater. as Residential Low (RL). Ordinance 8175-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8175-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard. 8.3 Adopt Ordinance No. 8176-10 on second readina. amendina the Zonina Atlas of the city by zoning certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8176-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8176-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 Item 4?b Attachment number 1 Page 14 of 27 8.4 Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8178-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8178-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.5 Adopt Ordinance No. 8179-10 on second reading, amending the future land use plan I nt of the Co pr h nsive Ian of the city t designate the land use for certain r al prop rty whoa post office address is 1711 Lakeview Road, tog th r with the auttin ri ht-of-wav of Lakeview Road and Laurel rive. uoon annexation into the City of Clearwater, as Residential Low ( L). Ordinance 8179-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8179-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. , amending the Zoning Atlas of 8.6 Adopt Ordinance No. 8180-10 on second reading the city by zoning certain r al property whoa post offic address is 1711 Lakeview Road, toth r with the abutting u right-of-way of Lakeview Road and Laurel rive, upon annex tion into the City of Clearwater, as Low eiu nsity Residential (L MDR). Ordinance 8180-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8180-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-08-17 Item 416 Attachment number 1 Page 15 of 27 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.8 Adopt Ordinance 8183-10 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 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8183-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8183-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. , amending the Zoning Atlas of 8.9 Adopt Ordinance No. 8184-10 on second reading th cit by zonin certain real property whoa post offic address is 1845 Audubon Street, upon ann xation into th City of CI a at r, as Low Medium nsity aid ntial ( Ordinance 8184-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8184-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-08-17 Item 4? Attachment number 1 Page 16 of 27 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.10 Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for providing service. Ordinance 8199-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8199-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. City Manager Reports 9. Consent Agenda 9.1 Approve two work orders for American Recoverv and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record. in the amounts of $86.500 and $70.000 and authorize the appropriate officials to execute same. (consent) 9.2 Approve the amendment of the Capital Improvement Proaram (CIP) to restructure current Water and Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240, resulting in a net budget change of $0. (consent) 9.3 Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent) 9.4 Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for additional services to be Council 2010-08-17 Item 4F5 Attachment number 1 Page 17 of 27 included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) 9.5 Approve the Amendment to the Administrative Services Agreement between the Citv of Clearwater and International Citv Manaaement Association Retirement Corporation (ICMA-RC) for the 401 a Money Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective October 1, 2010 through September 30, 2017. (consent) 9.7 Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and Recreation sites and protects. consent 9.8 Ratify and confirm the establishment of a new Capital Improvement Protect entitled Ross Norton Ballfield Improvements, CIP 315-93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new project. (consent) 9.9 Approve an increase to an existing three-year contract (purchase order BR504735, to Polydyne, Inc., of Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12- 08), and authorize the appropriate officials to execute same. (consent) 9.10 Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. consent 9.11 Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.12 Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) Council 2010-08-17 Item 4T Attachment number 1 Page 18 of 27 9.13 Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture "A Dolphin's Tale". and authorize the appropriate officials to execute same. (consent) 9.14 Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or Government Representative category, with terms to expire August 31, 2014 to the Brownfields Advisory Board. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted, less Item 9.6, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.6 Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) Councilmember George N. Cretekos expressed his appreciation for Joe Calio's efforts in establishing the facility. Councilmember Paul Gibson moved to approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Accept the Town of lleair's solution 2010-29 permitting Clearwater to rovid reclaimed water service to its residents when feasible and otherwise not available n adopt solution 10-17. The City of Clearwater and Town of Belleair agree via an Interlocal Agreement that Clearwater may provide reclaimed water service to Belleair's residents when feasible and not otherwise available. Belleair's Commission passed and adopted Resolution 2010-29 on July 20, 2010, authorizing the agreement. Clearwater is requested to acknowledge Belleair's Resolution by approving Council 2010-08-17 Item 46 Attachment number 1 Page 19 of 27 Resolution 10-17. There is no cost associated with this item. Councilmember Bill Jonson moved to accept the Town of Belleair's Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available. The motion was duly seconded and carried unanimously. Resolution 10-17 was presented and read by title only. Vice Mayor John Doran moved to adopt Resolution 10-17. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.2 Approve an Int rlocal Agreement with the Town of ll it permitting the City of Clearwater to provid reclaimed waterservice t its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. Belleair Country Club (BCC) has requested reclaimed water service from Clearwater to supplement irrigation for its golf course. Pinellas County holds an interlocal agreement with the Town of Belleair to treat its wastewater and return reclaimed water service to the town. The Town of Belleair provides reclaimed water services to two golf courses. BCC also relies on well water to meet their irrigation needs. BCC has requested that Clearwater provide reclaimed water in addition to reclaimed water provided by Pinellas County. Staff has recommended this project as feasible, and it is in design at this time. The reclaimed water main passes by a residential neighborhood to reach BCC's golf course. The resident homeowners along the pipeline route, on Willadel Drive, have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair via Pinellas County. Staff recommends providing this service to the residents whose property is adjacent to this pipeline. Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and Attorney General Opinion 94-28 provides language that is more specific to that effect. The Town of Belleair and Clearwater wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the Council 2010-08-17 Item 4% Attachment number 1 Page 20 of 27 corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. Both parties wish to avoid the necessity of governing boards' approval for future situations wherein reclaimed water is not available by the Town of Belleair, but could feasibly be provided by the City of Clearwater. There is no cost associated with this item. Councilmember George N. Cretekos moved to approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.3 Amend Chapter 30, Traffic and Motor Vehicles, ode of Ordinances, es a par inq ticket is isi pro. ra r visinq the time frame and fee structure for lingo nt parkin tick ts9 establishing program allowing to porar or per an nt removal or rental of municipal parking, modifying Appendix A, Schedule of Fees. and oass Ordinance 8168-10 o first reading. In 2008, the parking system installed multi-space parking pay stations in several off street parking facilities on the beach. For enforcement purposes, the ordinance requires further clarification when referring to metered parking in order to include the pay stations. Establishing a parking ticket dismissal program with specific criteria will eliminate the need to hear certain contested violations in court, thereby saving staff time and court costs. The proposed fee of $10.00 will cover administration costs for the initial ticketing, follow-up review and dismissal processes. By extending the delinquent parking ticket time frame from 80 to 90 days, the City can fully recover the collection fees, which are currently being charged to the City by the processing company. The fees will be passed on to the offender. At various times there is a temporary need to remove metered parking to accommodate construction and other limited special uses. Establishing a fee for the temporary removal and reinstallation of the meter will cover the cost of this expense. The proposed fee is $50 for the removal and $50 for the reinstallation. The proposed fee for the permanent removal of any municipal parking is calculated based upon the current daily rental rate for a period of two years. Temporary use of any municipal parking, including valet operations, must be approved in advance in accordance with specific requirements. The fees are Council 2010-08-17 Item 4(b Attachment number 1 Page 21 of 27 based on the current daily fee schedule along with a proposed administrative fee. Updates to Appendix A, Schedule of Fees, include: - Eliminating specific dollar amounts for the rental of parking spaces and include language stating the highest current City of Clearwater municipal daily rate, which is how the current rates are calculated; - Administrative Fees for parking space rentals: $20 for five or less spaces, $30 for six to 10 spaces, and $50 for eleven or more spaces; - Permanent loss of parking fee is based on the loss of daily revenue for a period of two years instead of one year. Concern was expressed with provision not allowing putting additional funds after the meter runs out. The majority felt it was a tool needed to assure meter turn over. Vice Mayor John Doran moved to amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix A, Schedule of Fees. The motion was duly seconded and carried unanimously. Ordinance 8168-10 was presented and read by title only. Councilmember George N. Cretekos moved to amend Ordinance 8168-10 by striking provision not allowing putting additional funds after the meter runs out. The motion was duly seconded and upon the vote being taken: Councilmember George N. Cretekos and Councilmember Bill Jonson. "Ayes": "Nays": Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember Paul Gibson. Motion failed. Councilmember Bill Jonson moved to pass Ordinance 8168-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 Item 915 Attachment number 1 Page 22 of 27 10.4 Amend Chapter 32, CI a at r Cod of rinances, as related to q n ral potable and reclaimed watering schedules, and pass ordinance 8202-10 on first r ain . The Governing Board of the Southwest Florida Water Management District (SWFWMD) lifted water shortage restrictions effective July 1, 2010, following a three-year drought. Created in response to the original water shortage restrictions imposed by SWFWMD, Clearwater Ordinance 7802-07 contains a provision giving the City Manager authority to alter Clearwater's watering restrictions contained in Code Section 32.153 upon declaration of changes by SWFWMD in accordance with SWFWMD's administrative order. Ordinance 8202-10 codifies Clearwater's normal condition watering schedule as altered by the City Manager and aligns the reclaimed watering schedule for more hours of availability and ease of enforcement. There are no costs associated with this item. Councilmember George N. Cretekos moved to amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules. The motion was duly seconded and carried unanimously. Ordinance 8202-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8202-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.5 Approve the timeline for negotiating changes to the ploy s' nsion Ian, provide direction on changes sired, and aroriat $200 000 from General Fund retained earnings to pay for any costs incurred related to such than s incluin costs for legal and actuary services related to such chanq s. Staff will be making recommended pension plan changes based on prior Council guidance to focus on eliminating the no-cost spousal benefit, limiting the inclusion of overtime in final pension calculations, extending the years of service to be eligible for retirement, and establishing of a second tier plan for future employees. Council 2010-08-17 Item 9Z Attachment number 1 Page 23 of 27 Prior to that recommendation, these potential changes must first be coordinated with the Pension Plan Attorney to ensure compliance with all applicable laws and the Plan Actuary for a cost analysis. Once these recommendations are approved, the City must collectively bargain these changes with all the City Unions. Once collective bargaining is completed, an actuarial impact statement must be completed, approval obtained by the State Division of Retirement, drafting of the referendum language, and final approval by City Council. Due to these required steps the earliest a referendum can be held is November 2012. The proposed time line is as follows: Council determines specific changes to pursue: Sep-Oct 2010 Actuary provides cost data: Oct-Nov 2010 Follow-up discussions with City Council: Jan 2011 Collective bargaining: Feb-Apr 2011 Union agreement or impasse: May-Oct 2011 Actuary impact statement: Nov 2011-Jan 2012 Obtain State approval: Feb-Apr 2012 Draft referendum language May 2012 1st and 2nd Readings: Jun-Jul 2012 Ballot question to County Aug 2012 Referendum: Nov 2012 Councilmember George N. Cretekos moved to approve the timeline for negotiating changes to the Employees' Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. The motion was duly seconded and carried unanimously. 10.6 Establish the Clearwater re nprint Stakeholder Steering Co itt and provisions for member eligibility, categories and term of office, adopt solution 10-20, and appoint committee members. Clearwater Greenprint will lead to the adoption of strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions citywide. The primary objectives of the project are to: 1) set the policies and strategies to guide energy efficient growth and redevelopment in Clearwater over the next 20 years; 2) develop an action plan for public and private sector decision-making that substantially advances the city in its pursuit of community sustainability and quality of life; and 3) meet requirements mandated by Florida Senate Bill 360 (transportation mobility) and Florida House Bill 697 (energy-efficiency). A steering committee comprised of Clearwater stakeholders will benefit the Clearwater Greenprint project by providing strategic direction and evaluation of Council 2010-08-17 Item 4?b Attachment number 1 Page 24 of 27 the planning process and products (e.g., proposed strategies and actions). The Stakeholder Steering Committee will consist of 15-21 members representing diverse perspectives, experiences and cultures. Specifically, the committee will assist the project team in: Establishing strategic direction for Clearwater Greenprint; Setting mobility and sustainability goals and policies for Clearwater Comprehensive Plan; Generating public interest and participation in project surveys, interactive open houses and public hearings; Communicating the vision and strategy to others within their professional and social networks; and Ensuring vision continuity through leadership changes. For the first phase (comprehensive plan amendments), the members will participate in a series of scheduled committee meetings from August 2010 to February 2011, at which time the adoption public hearing process begins. The committee will reconvened in spring/summer 2011 to commence the projects' second phase (Community Development Code amendments). Member terms of office will be two years-- a little greater than the anticipated timeframe for the both project phases. It is hoped that members will be able to participate throughout both project phases. The committee will sunset at the conclusion of the same two- year period. A call for committee member applications was published on June 21, 2010, and 27 applications were received by the Planning and Development Department prior to the July 14, 2010, application deadline. Staff has evaluated the applications based on the desired committee composition, as defined by the committee membership categories and targeted level of representation for each (see resolution), and developed a recommended slate of committee members for consideration and approval by City Council. Councilmember Paul Gibson moved to establish the Clearwater Greenprint Stakeholder Steering Committee, provisions for member eligibility, categories and term of office and to appoint Elvira Morgan, John B. Ungerer, Ronald L. Altic, Chris Dulligan, Darrell Michael Flanery, Dr. Joseph Smiley, Alexander Todrow, Marcus Milnes, Michael R. Henkel, Thomas J. Wright, Lidiya Angelova, Marc Hayes, Blain Enderle, Jason Green, JoAnna Siskin, Cory Brennan, R. Peter Stasis, George D. Davis III, Richard Adelson, Michael Engelmann, and Mary Morrow. The motion was duly seconded and carried unanimously. Council 2010-08-17 Item 416 Attachment number 1 Page 25 of 27 Resolution 10-20 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-20. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.7 Aoorov the Council Policies The Council reviewed its policies at the June 1, 2010 Work Session. Revisions have been made based on direction provided. Staff also recommends amending Policy 24E, Landscaping of City roads, to include consideration of ease and frequency of maintenance in landscape material selection. Staff requests the Council review Policy 20B, Sparkling Clearwater, and provide direction regarding whether changes are needed to reflect current Council philosophy. Finance is preparing an updated Investment Policy to present to Council at the August 18, 2010 Council Meeting. Councilmember Bill Jonson moved to approve the Council Policies. The motion was duly seconded and carried unanimously. 10.8 Amend Council Rule 6 and adopt Resolution 10-21. The Council reviewed its rules at the June 1, 2010 Work Session and directed a change to Rule 6 to expand the time allowed for public comment to 60 minutes. Vice Mayor John Doran moved to amend Council Rule 6. The motion was duly seconded and carried unanimously. Resolution 10-21 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-21. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 Item 9? Attachment number 1 Page 26 of 27 11. City Manager Verbal Reports 11.1 HLN Executive Co itt /Co itt Co-Chairs Recommendation on Ordinance Item. The Homeless Leadership Network is being asked to issue a Proclamation or statement regarding local government ordinances that impact homelessness. Concerns were expressed regarding recommended Proclamation. It was stated that the recommendation has been to the Executive Committee but not the full Council. There was consensus that the proposed statement is sufficient and no Proclamation or Resolution was needed. The City Manager reported that a sewer backup, believed to have been created by a contractor, is being addressed. 12. Other Council Action 12.1 Lease Extensions for Crabby ill's and each Concessions - Mavor Hibbard Staff was directed to negotiate with Crabby Bill's regarding a 4-year extension subject to improvements to the property and to negotiate with the Beach Concession for a 5-year extension from February 2012. 12.2 a at Planting Staff was directed to revisit the potential sea oat planting next year with input from the Environmental Advisory Board. The City Manager advised that the Park and Recreation Technician needed to manage the sand will be added back to the 2010/2011 Budget. 13. Mayor Frank Hibbard reviewed recent and upcoming events. Council 2010-08-17 Item 4F5 Attachment number 1 Page 27 of 27 14. The meeting was adjourned at 1:02 a.m. Attest City Clerk Mayor City of Clearwater Council 2010-08-17 Item 9T ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate a portion of a drainage and utility easement located on the applicant's property, 2355 Wetherington Road, as more particularly described in the ordinance and approve Ordinance 8210-10 on first reading. (VAC2010- 04 Lightner) SUMMARY: The applicant is seeking vacation of a portion of the drainage and utility easement to enable the installation of brick paver decks and walkways that are not otherwise permitted to be placed in an easement. Bright House Networks, Verizon, Progress Energy and Knology have no objections to the vacation requested. The City has no facilities in the easement portion to be vacated. The Engineering Department has no objection to the vacation request. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: to Annual Operating Cost: Total Cost: None Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 Of 1 --rl, LL hull ?w U Q PINELAND RAYMONT DR w 7 ALBRIGHT DR p Az O [If Q Q Q [If THAMES ST LU J F U) [If z O F x > 1-- z J D F O O [If D w 1-- m 00 w J W (n ¢ ¢ m (D VANDERBILT DR < vANDER BiLT x U MANOR BLVD N Q O SUNSET POINT ROAD CR-576 Q W / CAMPBELL % ST Q 0 J O z p z z = w J R o Casey Jones > L 1NETHERINGTON q U <FY O RD i -? S? PG I RUN oP G 0", Clearwater Ord #: 8210-10 Vac #: 2010-04 Name: Lightner Legend Outside CLWTR City limits N U Vacation of a portion of a :"ti Clearwater Service Area W E Prepared by: Engineering Department Geographic Technology Division Drainage / Utility Easement. Ite m # 6 s 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: SD Date: 7/27/2010 Grid #: 263A S-T-R: 6-29s-16e Scale: N.T.S. p p p z O LLI K U J O z 75; a j w VANDERBILT Attachment number 2 Page 1 Of 1 COURT 1745 , j - - -- ?, ;245 16863 250 cv 50 ? 10, Cry _ i ETHE INGTON 50 co co LO 16. co co 1 688 16 , 253 252 =l , A 165 1 677 254 1660 Al ? S° ? ,r 166$ , f V, 225 ? 255 167 t 226 o 1 g 24` 6 168 % ., 227 l 143 { , A%' d ? 41 , 17 110 « 1 9 g °. I 0 21/02D , a¢ J 228 1242 NII 170k _ A 14111 Ord #: 8210-10 Vac #: 2010-04 Legend Easement to be Vacated Easements N 0 Clearwater Name: Lightner f, ..° Bldg Footprint Drainage/Utility Parcel Boundary Utility W E U Vacation of a portion of a Prepared by: Drainage / Utility Easement. Outside CLWTR City limits Engineering Department ~ 7 r Clearwater Service Area Ite m # 6 s Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: SD Date: 7/27/2010 Grid #: 263A S-T-R: 6-29s-16e Scale: 1" = 100' www. MyC learwater. corn Attachment number 3 Page 1 of 2 ORDINANCE NO.8210-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENT PORTION COMMENCING AT THE SOUTHWEST CORNER OF LOT 252, COACHMAN RIDGE TRACT A-III, (P.B. 88, PG. 73), RUN THENCE S 89° 55'59" E ALONG THE SOUTH PROPERTY LINE OF SAID LOT 252 A DISTANCE OF 97.5 FEET TO THE POINT OF BEGINNING; THENCE N 00° 04'01" E A DISTANCE OF 15 FEET, THENCE S 89° 55' 59" E A DISTANCE OF 48.10 FEET, THENCE S 45° 19' 58" W A DISTANCE OF 21.31 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT 252, THENCE N 89° 55'59" W A DISTANCE OF 32.96 FEET TO THE POINT OF BEGINNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, JEROLD B. Lightner and Jeannette I. Lightner, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The drainage and utility easement portion commencing at the southwest corner of Lot 252, Coachman Ridge Tract A-III, as recorded in Plat Book 88, pg. 73 of the Public Records of Pinellas County, Florida, run thence S 89° 55'59" E along the south property line of said Lot 252 a distance of 97.5 feet to the Point of Beginning; thence N 00° 04' 01" E a distance of 15.00 feet, thence S 89° 55' 59" E a distance of 48.1 feet, thence S 45° 19' 58" W a distance of 21.31 feet to a point on the south property line of said Lot 252, thence N 89° 55' 59" W a distance of 32.96 feet to the Point of Beginning. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL Item # 6 Ordinance No. 8210 -10 Attachment number 3 Page 2 of 2 READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 8210 -10 City Council Agenda Council Chambers - City Hall Meeting Date: 8/18/2010 SUBJECT / RECOMMENDATION: Approve amendments to the Clearwater Downtown Redevelopment Plan and pass Ordinance 8192-10 on first reading. SUMMARY: City Council requested that the Planning and Development Department evaluate the potential for outdoor display of bicycles along the Pinellas Trail within Downtown and expand the uses allowed for the Clearwater Gas property in the Old Bay Character District. Based on the research conducted and the direction provided by Council, the Planning and Development Department is recommending the following amendments to the Clearwater Downtown Redevelopment Plan: 1) The outdoor display of bicycles may be permitted in conjunction with retail bicycle uses abutting the Pinellas Trail. Such display areas shall not be located within the sight visibility triangle, in landscaped areas or in required parking spaces and may only occur during business hours. 2) Properties located on Myrtle Avenue or Drew Street east of the Pinellas Trail may retain their current functions and/or transition to a variety of uses including offices, retail, medical facilities, governmental uses and mixed -use development. Redevelopment of these properties should include a connection to the Pinellas Trail and if deemed appropriate, be supportive of transit whether it be rail or bus service. Proposed Ordinance 8192-10 contains two amendments to Chapter 3 Land Use/Redevelopment Plan of the Clearwater Downtown Redevelopment Plan. One amendment adds a new Policy to the overall Goals, Objectives and Policies section of the Plan to permit outdoor bicycle display in limited locations within Downtown. The other amendment revises the Uses section of the Old Bay District to allow a broad range of uses for property located in the Old Bay Character District that front on either Drew Street east of the CSX railroad lines or on Myrtle Avenue. At its meeting on July 20, 2010, the Community Development Board reviewed and unanimously recommended approval of the proposed amendments to the Clearwater Downtown Redevelopment Plan. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 4 CDB Meeting Date Case Number: Ord. No.: Agenda Item: July 20, 2010 Downtown Plan Amendments 8192-10 E.2. CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT CLEAR WATER DOWNTOWN REDEVELOPMENT PLAN AMENDMENTS STAFF REPORT REQUEST: Amendments to the Clearwater Downtown Redevelopment Plan INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: City Council requested that the Planning and Development Department evaluate the potential for outdoor display of bicycles along the Pinellas Trail within Downtown. During the discussion, it was also determined that staff should evaluate the appropriateness of such display along other trails within the City. When City Council evaluated potential locations for the new City Health Clinic, the Clearwater Gas property was considered. Upon review of the Clearwater Downtown Redevelopment Plan it was determined that uses other than the Gas Department were not supported by the Plan. Due to the very restrictive nature of those provisions, Council directed staff to revise the Plan to allow for a broader range of uses. Based on the research conducted and the direction provided by Council, the Planning and Development Department is recommending two amendments to the Clearwater Downtown Redevelopment Plan to address the issues outlined above. The Community Development Board is reviewing the proposed amendments in its capacity as the Local Planning Agency and is requested to make a recommendation regarding the amendments to the City Council. The Community Redevelopment Agency is requested to make a recommendation to the City Council regarding the amendments to the Plan. Once the City Council approves these amendments, they will be submitted to the Board of County Commissioners for approval as amendments to the Redevelopment Plan. They will also be submitted to the Pinellas Planning Council and the Countywide Planning Authority for approval as amendments to the Special Area Plan governing Downtown. Community Development Board - July 20, 2010 5th Downtown Plan Amendments - Page 1 of 4 Item # 7 Attachment number 1 Page 2 of 4 ANALYSIS: Two amendments are proposed to the Clearwater Downtown Redevelopment Plan to address the City Council concerns outlined above. Both amendments make changes to Chapter 3 Land Use Plan/Redevelopment Plan. One applies to the downtown area as a whole while one is specific to the Old Bay Character District. Below is a summary of each proposed amendment. The first amendment adds a new Policy 11 to the overall Goals, Objectives and Policies section of the Plan (page 52) to permit the outdoor display of bicycles for retail bicycle uses abutting the Pinellas Trails. Based on the locational characteristics of the Pinellas Trail, Downtown appears to be the most appropriate place within the City to permit such displays. Since the Plan is the official policy statement for Downtown and no other outdoor display of merchandise is permitted in the Downtown zoning district, the Planning and Development Department is recommending the Plan be amended to allow this very limited use instead of the Community Development Code. The second amendment revises the Uses provisions of the Old Bay Character District for parcels in the vicinity of the Clearwater Gas property (page 64). Upon review of this section it was clear the Plan was too limiting. Furthermore it did not provide direction for all of the properties east of the Pinellas Trail/CSX railroad lines in this area. The proposed amendment would allow a variety of uses in this area including governmental uses, medical facilities, retail, office and mixed-uses and supports transit-oriented development if appropriate in the future. The proposed amendments support several principles that guided the development of the Plan and are set forth below (see Vision of the Plan, page 47): • Downtown will be an integrated community with a mix of retail, residential, office and recreational opportunities. The development of a variety of residential projects to attract new residents to Downtown is critical to the success of a revitalized Downtown; and • The Pinellas Trail is a unique resource for recreation and economic development within Downtown; The proposed amendments also support Goals and Objectives currently found in the Plan (pages 48- 50) including: • Goal 1 (People Goal) - Downtown shall be a place that attracts people for living employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Community Development Board - July 20, 2010 5th Downtown Plan Amendments - Page 2 of 4 Item # 7 Attachment number 1 Page 3 of 4 • Objective lE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. • Objective 2D: The Pinellas Trail shall be maintained and improved as both a recreational amenity and alternative mode of transportation. The Trail presents the opportunity to bring people into Downtown and as such is a unique source of economic development. The Trail shall assist in creating connections within Downtown, between the balance of the Trail countywide and from Downtown to Clearwater Beach. CONSISTENCY WITH COMPREHENSIVE PLAN Please find below a selected list of objectives and policies from the Clearwater Comprehensive Plan that is furthered by the proposed amendments to the Clearwater Downtown Redevelopment Plan. • Objective A.6.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. • Policy A.6.1.8 - The City shall continue to support and implement approved community redevelopment area plans, such as the Clearwater Downtown Redevelopment Plan adopted in 2004 and Beach by Design adopted in 2001. • Objective A.6.2. - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. • Policy A.6.5.1 - The City shall support the Pinellas Trail and examine opportunities for Trail extensions or spurs to connect regional attractions and employers. • Policy A.6.5.3 - All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing and other capital projects consistent with the City's Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. The proposed amendments to the Clearwater Downtown Redevelopment Plan focus on supporting a variety of uses at a visible intersection within the Old Bay District as well as certain businesses which support an alternative mode of transportation. The outdoor Community Development Board - July 20, 2010 5th Downtown Plan Amendments - Page 3 of 4 Item # 7 Attachment number 1 Page 4 of 4 display of bicycles along the Pinellas Trail allows targeted support for the Trail without allowing the outdoor display of all types of merchandise throughout the entire Downtown. The proposed amendments are consistent with the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: Proposed Ordinance No. 8192-10 makes limited amendments supporting a variety of uses within specific areas of Downtown. The amendment furthers the Goals and Objective of the Clearwater Downtown Redevelopment Plan and is also consistent with the Clearwater Comprehensive Plan. Based on the above analysis, the Planning and Development Department recommends the following action on the request: Recommend APPROVAL of Ordinance No. 8192-10 which amends the Clearwater Downtown Redevelopment Plan. Prepared by Planning & Development Department Staff: Gina L. Clayton, Assistant Planning & Development Director ATTACHMENTS: Ordinance No. 8192-10 Community Development Board - July 20, 2010 5th Downtown Plan Amendments - Page 4 of 4 Item # 7 Attachment number 2 Page 1 of 3 ORDINANCE NO. 8192-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN; BY AMENDING CHAPTER 3 LAND USE PLAN/REDEVELOPMENT PLAN, GOALS, OBJECTIVES AND POLICIES, BY ADDING A NEW POLICY SUPPORTING THE OUTDOOR DISPLAY OF BICYCLES ASSOCIATED WITH RETAIL BICYCLE USES ABUTTING THE PINELLAS TRAIL; BY AMENDING CHAPTER 3 LAND USE PLAN/REDEVELOPMENT PLAN, DOWNTOWN CHARACTER DISTRICTS, OLD BAY DISTRICT, BY REVISING THE USES SECTION OF THE DISTRICT VISION BY EXPANDING THE USES ALLOWED EAST OF GARDEN AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to the Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.9.5, to adopt and enforce a specific plan for redevelopment in an urban center in accordance with the Central Business District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the City Council approved the updated 2003 Clearwater Downtown Redevelopment Plan on September 18, 2003 by adopting Ordinance No. 7153-03 and has subsequently amended it; and WHEREAS, the Pinellas County Board of County Commissioners approved the CRA Plan adopted by Ordinance No. 7231-03 on December 16, 2003 and has subsequently amended it; and WHEREAS, the City Council approved the creation of a Redevelopment Trust Fund for the expanded CRA by adopting Ordinance No. 7214-03; and WHEREAS, the Pinellas County Board of County Commissioners approved the creation of a Redevelopment Trust Fund for the expanded CRA adopted by Ordinance No. 7214-03 on February 3, 2004; and WHEREAS, the Countywide Planning Authority approved the updated 2003 Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on February 3, 2004 and subsequently approved amendments thereto; and WHEREAS, the requirements of Florida Statutes Section 163.360 regarding the adoption of community redevelopment plans have been met regarding that portion of the amendments proposed hereby which affect the Downtown Community Redevelopment Area, and the requirements of Florida Statutes Section 163.346 regarding notice to taxing authorities and other required notice, as well as all other requirements of Florida Statutes Chapter 163, have been met; and WHEREAS, it is important to accommodate business activities that support the use of the Pinellas Trail as an alternative mode of transportation; and Ordinance NoAM02 07 Attachment number 2 Page 2 of 3 WHEREAS, it is advisable to revise certain provisions of the Plan regarding the allowable uses east of Garden Avenue and specifically for the City's Gas Department; and WHEREAS, the proposed amendments were reviewed by the Community Development Board, which is the land planning agency for the City of Clearwater for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, and the Community Development Board found the proposed amendments to be consistent with the Comprehensive Plan of the City of Clearwater; and WHEREAS, the Community Redevelopment Agency has reviewed the proposed amendments and recommends them to the City Council, and the amended Plan shall serve as the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City of Clearwater; and WHEREAS, the proposed amendments conform to the general plan of the City of Clearwater; and WHEREAS, the proposed amendments will afford maximum opportunity, consistent with the sound needs of the City, for the rehabilitation or redevelopment of the Plan area by private enterprise; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 3, Land Use Plan/Redevelopment Plan, Goals, Objectives and Policies is hereby amended by inserting a new Policy 11 and renumber the remaining policies: Policy 11: The outdoor display of bicycles may be permitted in conjunction with retail bicycle uses abutting the Pinellas Trail. Such display areas shall not be located within the sight visibility triangle, in landscaped areas or in required parking spaces and may only occur during business hours. Section 2. Chapter 3, Land Use Plan/Redevelopment Plan. Old Bay Character District, District Vision is hereby amended as follows: District Vision Uses The Old Bay District is envisioned to be a mixed-use neighborhood supporting the Downtown employment base with residential, limited neighborhood commercial and office uses. A variety of densities and housing styles are encouraged throughout the District, as well as renovations of existing older structures. Ordinance No. 8192-1 0tem # 7 Attachment number 2 Page 3 of 3 This District provides an opportunity for higher-density residential uses along Clearwater Harbor west of Osceola Avenue, provided such development is sensitive to the established low-rise historic character of the District. The eastern frontage of Osceola Avenue may retain its residential use, convert existing buildings to offices, redevelop with residential scale offices or combine these two uses on the same site. North Fort Harrison Avenue is envisioned as the main commercial area providing neighborhood commercial uses on properties on both sides of the street. The area between North Fort Harrison Avenue and Garden Avenue should continue to be a mixed-use area permitting commercial and office development and encouraging the incorporation of residential uses in mixed-use projects. Properties located east of Garden Avenue may be redeveloped with residential uses, residential scale office development or a mix o these two uses. ,- The r»rn nii+hiA Oho s#a-;M east of the ?IARMAC Trail Ohre, ,nh to Myrtle -?a °Y Properties located on Myrtle Avenue or Drew Street east of the Pinellas Trail may retain their current functions and/or transition to a variety of uses including offices, retail, medical facilities, governmental uses and mixed -use development. Redevelopment of these properties should include a connection to the Pinellas Trail and if deemed appropriate, be supportive of transit whether it be rail or bus service. Section 3. The City Manager or designee shall forward said amendments to any agency required by law or rule to review or approve same. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners and the Countywide Planning Authority. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank B. Hibbard Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8192-1 0tem ff 7 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2271 Landmark Drive (East 965 feet of North 1/2 of Southeast L/4 of Section 32, Township 28 South, Range 16 East, less roads on North, East and South); and pass Ordinances 8203-10, 8204-10 and 8205-10 on first reading.(ANX2010-05002) SUMMARY: This voluntary annexation petition involves a 26.993-acre property consisting of one vacant parcel of land. It is located on the west side of Landmark Drive, approximately 650 feet south of Marlo Boulevard, directly south of Chautauqua Park East. The applicant (in this case City of Clearwater) is requesting this annexation as the City had bought this land in 2009 for the development of an equestrian park. The Planning and Development Department is requesting that 2.00 acres of abutting rights-of-way (Landmark Drive and an unnamed right-of-way) not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Map designation of Recreation/Open Space (R/OS)and a zoning category of Open Space/Recreation (OS/R). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The City of Clearwater will provide domestic water and sanitary sewer lines to the property when necessary to support any permanent structures on the site. Collection of solid waste will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. 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 facility 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. The proposed Recreation/Open Space (R/OS) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits public/private open spaces, parks, and recreation facilities. The proposed zoning district to be assigned to the property is the Open Space/Recreation (OS/R) 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 and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 7 ?aE r? ?? Gr y _ ...p [? a ?- H.4•,1,RxrLL DR 1 k: . I DEER Rura A f ?tt???? ;t s _ 7 EASTLAND F3L4`G ?:.•. ?' E 1. 5 /N°? v = a a C a • F• a (I Si.i E.E:TUU1 C?Pr'.- 13? rnj Dr ? ?? ?.. ? ?nER RUN S n E •' ••' ENTER F'RI SE. FOURTH THIRD A'VE. H RST 9,E N d LN n': E ^a TH EX.-a FOURTH L?••,•:?. ;-: ?p rtn.CcJRrtdIG K ,dmrm RE.O-F'I'rr o CH.::IJC.E.RI' LL CIE C-TN CR. FG _ U f Chet N _ ETIA11 CI LOCATION MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use From : R/OS To: R/OS Zoning A-E PIN: OS/R Atlas Page: 244B 32-28-16-00000-410-0100 S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 LCEC.docx Item # 8 Attachment number 1 Page 2 of 7 fi d` Io I' r' I # t x '. 01 T: ?x to i r J ? ' vtL ? 01, % r J . , 'A 1 Cli; AERIAL MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning PIN: 32-28-16-00000-410-0100 From : R/OS A-E To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 AERIAL.docx Item # 8 Attachment number 1 Page 3 of 7 a M O ? ? Ma ? n d?,,s ,3 Lm 8 ? ` O ® G N ? 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HAN ER ^ n n Y LN N PROPOSED ANNEXATION MAP Owner: City of Clearwater Case: ANX2010-05002 Site: 2271 Landmark Drive Property Size (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 PROP.docx Item # 8 Attachment number 1 Page 4 of 7 L RIOS 231211 w°S 2397 M M PA L zoo 826 220B 71''163 _ 8261 28621 71`169 71255 2856 8257 8249 _ 2850 71251 71243 ; . ' :::• ' ;'. ": . ': :: .[ :: ' ': .- 2244 . : . : 71237 2 B139 2231 N I M. ' h ss M gg ? gg g g? I? . : 25 N N N ?".:?:?: ? ? 1{ FUTURE LAND USE MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 FLU.docx Item # 8 Attachment number 1 Page 5 of 7 7 "T Y OSIR 7812 , 2397 I - PA L z27,,0 226 2 2? 2263 77261 2 262 8~169 - 71255 8257 8249 ' 2 250 71251 is.'...•`.`'%:i-:•:.'-:...•`.`>•-.•r:-.l:i-:i;.:'-:.:-`':?:!}: ?:',;:;:.:i.:i::`:?:-•`.'• .:.•.Gi. :•::':.-•:'•'::'•!?•..-•. ... '-•.? • .-.:`r.:r.:.:•::'.:?•:••'-??:-=r:.r. F• .1 :....:....•.:..:.•::....:.. - 71243 _ 2 M 8245 :• •• 71237 ' 22239 : : 71231 N 222 I, en N 6"f ??vv ? _J? t? M a N L V O R 94 2712 5 CHANCERY LN m, ZONING MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use From : R/OS To: R/OS Zoning A-E PIN: 32-28-16-00000-410-0100 OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 ZONE.docx Item # 8 Attachment number 1 Page 6 of 7 a M O ? ? Ma ? n d?,,s ,3 Lm 8 ? ` O ® G N ? D ,a 2 Q? 3 6 ° O 0 M T M z M M g' p ' C'1 n 2329 s G 2324 City Park 2312 0 ?Op 411 A_•_? 3]5 A_ p o 2307 s O M y^? F Mp „o o b a `y gyp p' ?n sM z N r1 v V O M O M g76- .? 2270 0 226 3 2263 s co 2261 62 2269 f 0 0 2255 257 0 0 ' M ml/ 2249 X51 . ;.... Q pgr ;. : 2243 4 245, ... 0 3;. a... :::; ..; .•.. .';' . ':.. : ..,... gr :... 2237 38 2 9 z, c zbo o co .2 231 M E M G1 M o O M t? 0 M N 1 z4" 01 N O zy"1 M zqy O tF 9 M I? R O M - - - - - - - .. i I co O .O F N O b s ? O 2 O M O M N O M O tF O O M i M M M .. I O ^r N ias 01 ? I? M O ? ,o O L M J M , Me' L zz z. ze 1 21 • . . N - ... " • 2$' N inyle ainih, 2eEsi n 'al z` zz u a 21 11 Z,. 1 0 21 27 2' 21 ' .... •. _ C N ._ co N N N ._ N • .•.. .. ?HAN ER ^ Y LN ? N n n EXISTING SURROUNDING USES MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-05002 -2271 Landmark Drive - City of Clearwater\Maps\ANX2010-05002 EXIST.docx Item # ,?C r '? ?5 L3 *1??µ T 4- ipf Photographs representative of the undeveloped parcel. Y ,` ANX2010-05002 City of Clearwater 2271 Landmark Drive Attachment number 1 Page 7of7 M1E :Ja :. 5 k S 1 M " Item # 8 yam;:'' '. it ? al nlF? Attachment number 2 Page 1 of 2 ORDINANCE NO. 8203-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF- WAY OF LANDMARK DRIVE, , INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The east 965.08 feet of the North'/ of the Southeast Y4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in 0. R. Book 857, Page 544, Public Records of Pinellas County, Florida, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010- 05002) 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. Item # 8 Ordinance No.8203 -10 Attachment number 2 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Frank V. Hibbard Mayor Attest: Ordinance No.8203 -10 Attachment number 3 Page 1 of 1 li o ff ® ,a 2 Q 3 6 12 ® s a 2 2 q °o Q? ` " M M M ' 5 2329 s G 2323 324 d z O ? O b 2312 "I Acm 115 A, p 2307 o M 0 M? F ?O ? d' ?Q O s0 M M W O M O O M M g76- . 2270 X26 22f8 2263 - _ _ a¢ ip x"161 2262 2269 s M 2255 2256 2257 M .. .. ° :. ° .. ' ° 2249 2 51 e 2243 2244 2245 . ,. 2237 2239 Ito 'sN oo ;; . . . : 2238 °:,,°;-.e`,::;-,?:_;°.,_;°°•;.-`",:::•.;::=°.'=i:i:=.:-•_ `.:::;-;?:_`°.;=: i:`.; ??;°: ?: .. :....° . .. .,.,--i ::°e?_°_: `?; (,:=•.?E: ; .-.•-:-•:::;.:._:v° .. . ?231 s A h M O to r h 6`°: o ? Y_ O r N O N O M O 'M M M 80 O M - - - - - - - - - - ,i O ,? y N co u? O r N M ,O M ,O ?} n O O O O O M M 2 M O M M is O M N r ? N M ? .. ., ,y0 y M c o J c o co 7 J m - - __ - - - -- v, N O• Q N -x.• 9'7.:•. .:; co ti 287 194 2 .1 N -CHANCER YLN N PROPOSED ANNEXATION MAP Owner: City of Clearwater Case: ANX2010-05002 Site: 2271 Landmark Drive Property Size (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 2446 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12677.1.8203-10ANX map.docx Item # 8 Attachment number 4 Page 1 of 1 FUTURE LAND USE MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning PIN: 32-28-16-00000-410-0100 From : R/OS A-E To: R/OS OS/R Atlas Page: 2446 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12678.1.8204-IOLUP map.docx Item # 8 Attachment number 5 Page 1 of 1 i A i5 z 2MM z ' MD OS/R 2312 , 217 .:..-.... .. ... ... .. .. .... .. .. ... .... . ... .. i r r , , 1 r , , 1 !"°Y°-7-..I--.-r.. t , _?-.--i-- --i_.-.i_, r r r I - PA L 2rm - T716 2 266 11263 71161 2 2? 11269 11255 2 2?t6 2257 71149 _ 2 2311 11251 • . .; ; ,•:.':. •': ° :°:,,;; ,;;,;,, ;;;:°:` °; `,°;:;:•: ;:::': ,•°:'• 'F.. •).,v?°.::if?:_':._.,;: - 11243 - ??.•.•-.-?.:•.:::. 2 44 11245 11237 2 288 71139 2231 N :. 25 M ll - M 2 L V 0j ? 094 20 III U ERY LN FIC2LFU L,FK IV A I I MI ? ZONING MAP Owner: City of Clearwater Case: ANX2010-05002 Property Size Site: 2271 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page 2446 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12679.1.8205-IOZON map.docx Item # 8 Attachment number 6 Page 1 of 2 ORDINANCE NO. 8204-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION IN TO THE CITY OF CLEARWATER, AS RECREATION/OPEN SPACE (R/OS); 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 The east 965.08 feet of the North Recreation/Open Space (R/OS) '/2 of the Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida less the South 33 feet thereof also less the East 33 feet thereof, also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right- of way of Landmark Drive. (ANX2010-05002) Item # 8 Ordinance No. 8204-10 Attachment number 6 Page 2 of 2 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. 8203 -10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 8204-10 Attachment number 7 Page 1 of 2 ORDINANCE NO.8205 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST,WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT- OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OPEN SPACE/RECREATION (OS/R); 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 The east 965.08 feet of the North '/2 of the Open Space/Recreation (OS/R) Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010-05002) 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. 8203-10. Item # 8 Ordinance No.8205 -10 Attachment number 7 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 8 Ordinance No.8205 -10 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Future Land Use Map Designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1824 and 1848 Carlton Drive, 1807, 1812, and 1830 Diane Drive, 1720 and 1759 El Trinidad Drive, 1729 Evans Drive, 1704, 1713, 1751, and 1754 Grove Drive, 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive, 1818, 1825, and 1830 Marilyn Drive, 2762, 2784, 2794, and 2798 Morningside Drive, 1825 Skyland Drive, 2773 Terrace Drive, 1715, 1725, 1728, and 1736 Thomas Drive, 1810, 1818, 1819, 1826, 1827, 1834, 1835 and 1842 Winwood Drive and Initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and Initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive (parcels from the Carlton Terrace, Carlton Terrace 1st Addition, Virginia Grove Terrace, Virginia Grove Terrace 1st Addition, Virginia Grove Terrace 3rd Addition, Virginia Grove Terrace 4th Addition, and Winwood Subdivisions in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8189-10, 8190-10 and 8191-10 on first reading.(ATA2010-04005) SUMMARY: The City of Clearwater Planning and Development Department has identified an area within the City's Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of S.R. 590 and south of South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights, Winwood and Carlton Terrace. The Department has identified 189 properties that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase A of the overall annexation project, includes 49 of the 189 properties. Current or previous owners of these properties entered into ATAs to obtain sanitary sewer service between 1985 and 2005. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the Agreements. The subject properties are occupied by 48 detached dwellings and one group home with 10 residents on 10.43 acres of land. It is proposed that the abuttingWinwood Drive, Diane Drive, Evans Drive, Grove Drive, Morningside Drive and Thomas Driverights-of-way not currently within the City limits also be annexed. It is proposed that the 49 properties be assigned a future land use map designation of Residential Low. A major drainage ditch traverses 10 of these properties and staff is also proposing that the Drainage Feature Overlay be applied to the properties consistent with the ditch boundaries. It is proposed that all parcels have a zoning designation of Low Medium Density Residential (LMDR). The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are 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 these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the u?rDan service area shall be promoted through application of the Clearwater Community Development Code. Item # 9 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. The proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay category proposed to be applied to ten properties (2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive) recognizes the drainage feature on the property but does not impact development potential. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District except for the property at 2700 SR 590, which is a group home with 10 or more residents. Community residential homes are permitted in the Low Medium Density Residential zoning district provided there are no more than six residents; therefore, the existing use will be nonconforming upon annexation. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore the annexations are consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 9 Attachment number 1 LOCATION MAP Owner MULTIPLE OWNERS Case: ATA2010-04005 Site: DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Rights-of-way (Acres): ): 49 PARCELS @ 10.43 ACRES Road, east of US 19 and north of SR 590 (see next page) + 1.76 ACRES ROW Land Use Zoning PIN: Parcels-see RL, P (County) R-3 (County) attachment From : RL, Drainage Feature LMDR (City) To: Overlay (City) Atlas Page: 264A Item # 9 Attachment number 1 D-0 -f I r # , C 5i 01 r4 s `: ?k , ??6 y e r k E j d r J ? u, ? r f l s?' 'S r I r ? , P r I I .? I_ I I r IXS '+ ?U Fti ,1 {' 1': 4. ? 1 ? 1 7 1 t r ? I, d S 1 iL 1 2 ? ri i \ ? i % I r ? n I I \ is ?l{ f ?'+ I c?i I ?? T •i ?, ?..; I i? w -ni -F. ' > C r J / l .,. 4&I C q r r.-' >aa s . J ?? fi? yr ?, S z ? Y ?. s •.; Y''s'I Y I I F Y, R + ?, 1, ,r r 4 J J ?A I aN a R `+ ?: ? rrui l) sl ?I 1 R ?? - 'Till a?' f„ ` F ?1 _... I4r ' f7 ucros AERIAL MAP Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Size: 49 PARCELS @ 10 43 AC Site: Road, east of US 19 and north of SR 590 (see attached . . list) Rights-of-way: + 1.76 AC. ROW Land Use Zoning Parcels-see PIN: attachment RL, P (County) R-3 (County) From : RL Drainage Feature LMDR (City) , To; Overlay (City) 16- Atlas Page: 264A Item # 9 Attachment number 1 D,--':k -f 4 F ------ - -- ?YW? Ili - ®e --- L i 1848; WOODRING DR Q - [::Fl z -DIANE TER ? _ !u ? 183U of ?? r ?, Q p Q: Q: 11830 , , I? ', ??s «? ????,tii1 j , X1824; o o ° 182 Y ?1825? Q > Z > si? (q??c r;? , lw ?4 o p?1811? 18 I Q 1812 - 826? 11827 -i? 1807 8 18, O _ 181(G ?I ? 7 MORNINGSIDE DR ? h 1? W W W ?? i cy?N N N N N N l cc L ;;.. AC o . _?s?r ? ? n«V TERRACEI?R- 1+i 1754 1751, 175 p W S"//30t 11 j LLJ Cr p -`1732dS ( p U_j Z ,1729 1724; Q O w ,? 17291728 ', i17 d „n, ?? ` W ) F 721 7 f 0' 17 2U 2 ? y1 ?1715 o "' p 170 U Cl) 713 J ??? ?nr?nln i ? O _ O U) c - _ SR 590 J Z o > T T TT T7 7 1T - . PROPOSED ANNEXATION Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see attached Property Size: Rights-of-way: 49 PARCELS @ 10.43 AC. + 1.76 AC. ROW list) Land Use Zoning Parcels-see RL, P (County) R-3 (County) From : PIN: attachment RL Drainage Feature LMDR (City) , To: Overlay (City) Atlas Page: 264A Item # 9 Attachment number 1 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Size: Site: Road, east of US 19 and north of SR 590 (see attached Rights-of-way: list) Land Use Zoning PIN: From : RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: ATA2010-04005 Property Size: Rights-of-way: Parcels-see attachment 264A Item # 9 Attachment number 1 D--- G -f I r -------------- SpVTHDR LLJ CT LL - 84 WOO )RING DR Q ?? F? ----- - _ - Z z Cr MJ3 83 F-1 Q Q?JT M 82 v _j Q1 1 p 82 82A T 11 F 81 p - U ? - 812 M 8j j1827 26 Q? p1819 10 181 - p v o 181 0 MURNINGSIDE DR z M 1? h c) cn all I, N N N N N N N "1 ACE DR 61 TERRACE DR N N _ I I? 1754 175 p Z W p 73 ffln ?M 'E 1729172 111 W ? Q Z p O 721 172 w Cr 1713® M 17049 (X ? C p O H o SR 590 R? Q O LMDR O J " H Z z ZONING MAP Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see attached list) Property Size: Rights-of-way: Property Size: Rights-of-way: Land Use Zoning Parcels- see PIN: From : RL, P (County) R-3 (County) attachm rnt To: RL Drainage Feature LMDR (City) , Overlay (City) Atlas Page: 264A Item # 9 Attachment number 1 D--- F -f I r ------ - -- ?YW? Ili - ®e --- L i 1848; WOODRING DR Q - [::Fl z -DIANE TER ? _ !u ? 183U of ?? r Q: Q: 11830 ? ,I? ', ?,«? j , X18 2 4 o o ° 18 2 Y X18 2 ?4 p?18,1o 18 I y? Q 1812 - 826? 11827 -i? 1807 8 18, 181 (GOBI - MORNINGSIDE DR ? h 1? W W W ?? i i n I F r>? I v?N it ys Nl, , „ 4N i N N N Resi ni l J TERRACEI?R- '^ t MIM 11754 s j17511 475 p W k// 30 t 11/S?I' 4 j w Cr ? , o omme cial p - 4732 k? 411 I'll, (D o O U_j Z X1729 17291728 1724 ', 175 7721 17 u 1715 .?;:, o "' p 170 ?1713 o e l o iny O ? ?a? c ? SR 590 J 2 o > T ? I EXISTING SURROUNDING USES Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see attached Property Size: Rights-of-way: 49 PARCELS @ 10.43 AC. 1.76 PAC. ARCELS + ROW list) Land Use Zoning Parcels-see PIN: RL, P (County) R-3 (County) From : attahcment RL Drainage Feature LMDR (City) , To: Overlay (City) Atlas Page: 264A Item # 9 Attachment number 1 Page 7 of 16 ATA2010-04005 PIN (Address): 1. 05-29-16-13536-001-0080 (1824 Carlton Drive) 2. 05-29-16-13536-001-0040 (1848 Carlton Drive) 3. 05-29-16-13554-010-0100(1807 Diane Drive) 4. 05-29-16-13554-009-0120(1812 Diane Drive) 5. 05-29-16-13554-009-0150 (1830 Diane Drive) 6. 05-29-16-94320-002-0060 (1720 El Trinidad Drive) 7. 05-29-16-94320-001-0120 (1759 El Trinidad Drive) 8. 05-29-16-94392-006-0230 (1729 Evans Drive) 9. 05-29-16-94338-004-0020 (1704 Grove Drive) 10. 05-29-16-94338-002-0270 (1713 Grove Drive) 11. 05-29-16-94338-002-0180(1751 Grove Drive) 12. 05-29-16-94338-004-0140(1754 Grove Drive) 13. 05-29-16-94374-005-0240(1721 Lucas Drive) 14. 05-29-16-94374-006-0070(1724 Lucas Drive) 15. 05-29-16-94374-005-0230(1729 Lucas Drive) 16. 05-29-16-94374-006-0090 (1732 Lucas Drive) 17. 05-29-16-94374-006-0100 (1736 Lucas Drive) 18. 05-29-16-94374-005-0200 (1741 Lucas Drive) 19. 05-29-16-13554-007-0120 (1818 Marilyn Drive) 20. 05-29-16-13554-008-0040 (1825 Marilyn Drive) 21. 05-29-16-13554-007-0140 (1830 Marilyn Drive) 22. 05-29-16-13554-010-0110 (2762 Momingside Drive) 23. 05-29-16-98470-000-0190 (2773 Momingside Drive) 24. 05-29-16-98470-000-0180 (2777 Momingside Drive) 25. 05-29-16-98470-000-0170 (2781 Momingside Drive) 26. 05-29-16-98470-000-0090 (2784 Momingside Drive) 27. 05-29-16-98470-000-0160 (2785 Momingside Drive) 28. 05-29-16-98470-000-0150 (2789 Momingside Drive) 29. 05-29-16-98470-000-0140 (2793 Momingside Drive) 30. 05-29-16-98470-000-0110 (2794 Momingside Drive) 31. 05-29-16-98470-000-0130 (2797 Momingside Drive) 32. 05-29-16-98470-000-0120 (2798 Momingside Drive) 33. 05-29-16-13554-009-0050(1825 Skyland Drive) 34. 05-29-16-94392-007-0010 (2700 SR590) 35. 05-29-16-94356-003-0080 (2746 Terrace Drive) 36. 05-29-16-94338-003-0061 (2752 Terrace Drive) 37. 05-29-16-94338-002-0160 (2773 Terrace Drive) 38. 05-29-16-94356-004-0270 (1715 Thomas Drive) 39. 05-29-16-94356-004-0240 (1725 Thomas Drive) 40. 05-29-16-94356-005-0080 (1728 Thomas Drive) 41. 05-29-16-94356-005-0100 (1736 Thomas Drive) 42. 05-29-16-98470-000-0010 (1810 Winwood Drive) 43. 05-29-16-98470-000-0020 (1818 Winwood Drive) 44. 05-29-16-98470-000-0080 (1819 Winwood Drive) 45. 05-29-16-98470-000-0030 (1826 Winwood Drive) 46. 05-29-16-98470-000-0070 (1827 Winwood Drive) 47. 05-29-16-98470-000-0040 (1834 Winwood Drive) 48. 05-29-16-98470-000-0060 (1835 Winwood Drive) 49. 05-29-16-98470-000-0050 (1842 Winwood Drive) Item # 9 l,')-'4 ( urltom f )rig 1 807 Dinnc Drn?. NOTICE - - F 1 i 4 3 Yk Y1. 1'. 0 C le V -- NOTICE: Y 16",i IA.. J. 1& 1720 El Trinidad Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 1 of 9 1830 Diane Drive OIF .1 004V ?A A- LOOP 17-7111 El I i irnidad Uric .Ip t fi lo h, I 1751 Grove Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 2 of 9 17") Evans Dnk c 1704 Grove Drive 1713 Grove Drive 4ttachmr?nt number 1 3 ? c?;l-I,t1i: swim NOTICE: N? i rrns r i 1729 Lucas Drive n.. 1736 Lucas Drive r 724 1 tI 1 f )I IA 1 LAI' ^AN FXP.1 i'.I°? OF PP Ii lily IN'; io Ili ?i7Y i'f Ir.l. T,h v 7P.fi 11 G111S 1732 Lucas Drive I I p.,Y.I„;?zr 1741 Lucas Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 3 of 9 at }c ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 4 of 9 Attachment number 1 Page 12 of 16 -;,, Q ?v `Zjj 2!! y fez, ip, ¦OMI 27 1 Mornin<gside Drip c 2784 Mornin<iside Drip c wor Ar mania 2785 Morningside Drive 2789 Morningside Drive 4?4' ??..? .ry ?? _ ` A? ? {• N?,.?'if?t ?rrrr?d? K?'M?.. 2793 Morningside Drive 2794 Morningside Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 5 of 9 jtf • J9 2797 Morningside Drive 270s?1??rninrr?i?ir Drip c r 1 oral* ;=y NGT14; E. r 1825 Skyiand Drive 2700 SR590 .u :'/lf ?a m.-„ -.i y ? ?M i{9?4k 1a ??? 11 ? `!, • ?NLruS?Y.. '. "" 6 { 1 lip NOTICE: , f 4 'i 4i 2746 Terrace Drive 2752 Terrace Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 6 of 9 ` 111 ?- 4 used Attachment number 1 Page 14 of 16 a 1715 Thomas Drive r? A MPI 1* A NOTICE: - 11, w 1725 Thomas Drive 1728 Thomas Drive y {b ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 7 of 9 Attachnwnt number 1 Page 1 b ?)' 16 ,n ki aI ?i n?dn?am ,_ R -,r 1826 Winwood Drive 1827 Winwood Drive nM ti1834 Winwood Drive 1835 Winwood Drive ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 8 of 9 ICI') \%;n""ood DI1,- 1818 Winwood Drive :. u. AM, i ? ,a1 Ir ?? W? 19 ?i ?? _ p sx Ilia unq? ? ? ? i I la, 1842 Winwood Drive Attachmen Pag r' +?I z Looking north al Arc;i :doi rr Fv ;iii, :it SR590 Looking south from intersection of Evans Drive and SR590 rLooking west along SR590 from Evans Drive r Eat .'', ? r w Looking east along SR590 from Evans Drive Typical residential street in area (Diane Drive) ATA2010-04005 "Diane" Area - Phase A (49 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Ro 9 Page 9 of 9 if 11VV' ..?'?'h - Attachment number 2 Page 1 of 2 ORDINANCE NO. 8189-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2700 SR 590, 2746, 2752, AND 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ATA2010-04005) 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. Item # 9 Ordinance No. 8189-10 Attachment number 2 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No.IS'110 Attachment number 3 Page 1 of 2 ORDINANCE NO. 8190-10 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 GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2784, 2794, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), AND WHOSE POST OFFICE ADDRESSES ARE 2773, 2777, 2781 2785, 2789, 2793, AND 2797 MORNINGSIDE DRIVE, 2700 SR 590, 2746 AND 2752 TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property (See Attached Legal Descriptions - Exhibit A) (See Attached Legal Descriptions - Exhibit B) Land Use Category Residential Low (RL) Residential Low (RL) and Drainage Feature Overlay Item # 9 Ordinance No. 8190-10 Attachment number 3 Page 2 of 2 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. 8189-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8190-10 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8191-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2700 SR 590, 2746, 2752, AND 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description Low Medium Density Residential (LMDR) (ATA2010-04005) 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. 8189-10. Item # 9 Ordinance No. 8191-10 Attachment number 4 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.l8Mm1 10 Attachment number 5 i 184 s wo00,r ri nk Nk . ' z % Q z p DI TE 18 3 0 Q 10 110 0 v , ,25 Y 1525 1824 1 0 z d p ',? ,181 S 7. a3' fa O Q ?, Q 1812 983,6 1527 180 ' 1 8? , fi19 L L L % r- r- CO CO CO rn rn ?CNCCNCN,N^ ' N N N N N N N " 4 Lr) .... ail N N -117-7-77 1754 1751 1 759 „' 1741 [] W 1736 1736 , w 1732 F 4 1729 1729 1728 1724 1725 ° t 1721 w 1720 1715 1713 , 0 1704 N J M O Cn 1? J SR 590 2 z - 7 F T "'ITT P?1' PROPOSED ANNEXATION Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Size: 49 PARCELS @ 10.43 AC. Site: Road, east of US 19 and north of SR 590 (see attached list) 1 J6 AC. ROW Rights-of-way: + Land Use Zoning Parcels-see PIN: attachment RL, P (County) R-3 (County) From : RL Drainage Feature LMDR (City) , To: Overlay (City) Atlas Page: 264A Item # 9 Attachment number 6 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Size: Site: Road, east of US 19 and north of SR 590 (see attached Rights-of-way: list) Land Use Zoning PIN: From : RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: ATA2010-04005 Property Size: Rights-of-way: Parcels-see attachment 264A Item # 9 Attachment number 7 D--- 4 .,f 4 7C F- J- t 8 4 `s W OD NG DR z z Q 18301 ? ,- 1830 r 1524 v .d ® 18259825 ?._ ? ???' 1818 ? a75 ?? 1826 cz: 1827 1807 1818p1819 ? 18 1 0 O ? z MORAIIPlGSIDEaDF7 -- - ?? N N LJ .., ACF- DR ? T j I?RR/iAPL^ DM F pis F , , N 1754 7754 y ,? 1741 ,? ?>5?; , W u j 1736 1736 Cr ' W 1732 11729 1729 1723 1724 1725 01 „, 1721 1720?,w 1715 ,1°17113 p _ f:`?/ _S I ,0 77 1704 ? v? g? U W © O H SR 5 90 ry Q LMDR J Z 0. 9? 4 O I M ?G ZONING MAP Owner MULTIPLE OWNERS Case: ATA2010-04005 DIANE AREA PHASE A: Multiple lots south of Sunset Point Property Size: Property Size: Site: Road, east of US 19 and north of SR 590 (see attached list) Rights-of-way: Rights-of-way: Land Use Zoning Parcels-see PIN: attachment From : RL, P (County) R-3 (County) To: RL Drainage Feature LMDR (City) , Overlay (City) Atlas Page: 264A Item # 9 t r is rv? Y 6IA/ Pl0 eell jZ?.? ?AI-'F o Attachment number 8 7740 / ? , 1 v AZ5 ? -71 of 5 i Jf f 4f / V -T- f jF // -7?` p , Attachment nur 8 lj t ? 11 ?? ? _ Irk b N " AN DT- ? ?S h 14 c l/ ?f ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8168-10 on second reading, amending Chapter 30, Code of Ordinances, regarding parking enforcement, delinquent fines, collections, ticket dismissal, removal or rental of municipal parking for special purposes or valet parking operations, and modifying fees. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 13 ORDINANCE NO. 8168-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING PROVISIONS OF CHAPTER 30, TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE OF ORDINANCES, FACILITATING PARKING ENFORCEMENT BY ADDING SEVERAL TERMS; MODIFYING THE TIMEFRAME ON DELINQUENT FINES SO THAT THE CITY CAN COLLECT ADMINISTRATIVE COSTS RELATED TO ENFORCEMENT PURSUANT TO FLORIDA STATUTES; ESTABLISHING A TICKET DISMISSAL PROGRAM; INSTITUTING A PROCEDURE FOR TEMPORARY/PERMANENT REMOVAL OR RENTAL OF MUNICIPAL PARKING FOR SPECIAL PURPOSES OR VALET PARKING OPERATIONS; AND MODIFYING FEES IN APPENDIX A, XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES, FEE SCHEDULE TO CONFORM TO THE CHANGES PROPOSED BY THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are several multi-space metered parking lots that provide revenue to the City, and the inclusion of the terms "parking enforcement specialist" and "multi-space parking pay station" to several sections of Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances is necessary for parking enforcement purposes; and WHEREAS, the Parking System needs to change the time frame of delinquency on parking fines from 80 to 90 days so that the City can recover, from the person fined, collection costs related to pursuit of collecting such delinquent fines as permitted by section 938.35, Florida Statutes; and WHEREAS, this ordinance proposes the establishment of a ticket dismissal program that allows the City to recover processing and administrative fees in circumstances where a citation was properly issued for a violation of failing to display or not properly displaying a parking receipt, permit, or hang tag, so long as the citizen can provide proof of a valid parking receipt, permit, or hang tag as of the time and date of the violation; and WHEREAS, a procedure is established allowing the temporary or permanent removal or rental of municipal parking for limited special purposes or for valet parking operations; and WHEREAS, Appendix A contains modifications to the schedule of fees relating to the changes proposed by this ordinance, now therefore, Ordinance lfter6168-010 Attachment number 1 Page 2 of 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.040 be amended by adding the underlined language as follows: DIVISION 1. GENERALLY Sec. 30.040. Parking in revenue generating city parking lots, garages and other city property. (1) It is unlawful for any person to remove a vehicle from any city owned or operated parking lot, garage or property after the person shall have parked thereon without first paying the attendant, activating an access or smart card, or depositing the proper amount of money in a parking meter or multi-space parking pay station or for any person to make any attempt thereof to defraud the city. (2) It is unlawful to alter or duplicate, damage or destroy an access or smart card, spitter ticket, multi-space parking pay station receipt, permit, tag, placard or decal used for parking control issued by the parking division or to make any attempt thereof to defraud the city. ********** (4) It is unlawful to stop, stand or park in city owned or operated parking lots, garages or other city properties that are reserved for hourly, daily, or monthly parking without properly displaying appropriate documentation of payment for parking privileges for the current period (hangtag, decal, placard, multi-space parking pay station receipt, etc.). Section 2. That Chapter 30, Traffic and Motor Vehicles, Section 30.042 be amended by adding the underlined language as follows: Sec. 30.042. Near intersections and crosswalks. Notwithstanding the provisions of F.S. § 316.1945, parking shall be permitted within 20 feet of an intersection or a crosswalk where the city engineer, or designee, of the city has posted signs., er installed meters, or multi-space parking pay stations authorizing such parking. Section 3. That Chapter 30, Traffic and Motor Vehicles, Section 30.043 be amended by adding the underlined language as follows: Sec. 30.043. Placement of motor vehicle in parking space. 2 Ordinance No. 8161tetfi # 10 Attachment number 1 Page 3 of 13 (2) No truck, tractor truck or trailer shall occupy more than one parking space where designated, except while actively loading or unloading and while all meters used have been properly activated and / or when proper parking permits or multi-space parking pay station receipt(s) have been obtained and are displayed or except in cases of emergency. ********** Section 4. That Chapter 30, Traffic and Motor Vehicles, Section 30.057 be amended by adding the underline language as follows: Sec. 30.057. Enforcement. In addition to any other means of enforcement provided in the Code of Ordinances, a police officer, traffic infractions enforcement officer, parking enforcement specialist (PES), or code enforcement inspector certified as a parking enforcement specialist is hereby authorized to issue traffic court parking citations for violations of sections 30.054, 30.055, and 30.056. Section 5. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.060. Penalties/warning letter upon failure to comply with ticket. (1) If a violator of the provisions of this article does not respond to the parking ticket affixed to the motor vehicle by paying the fine listed thereon or by contacting the designated parking violation processing services office specified on the parking ticket within a period of fifteen 151 calendar days of the date of the infraction, the designated parking violation processing services office, having jurisdiction of the subject matter shall, send the registered owner to whose vehicle the parking ticket was affixed a warning letter informing the registered owner of the violation and the fact that a penalty of $10.00 has been assessed for the violation to cover additional administrative costs, except for fines for violations involving handicapped parking which shall remain at the amount established in section 30.061. If the fine indicated on the parking ticket is not paid within thirty 301 days (in addition to the penalty assessed after 15 days in the preceding sentence hereof) an additional penalty of $15.00 will be assessed for the violation to cover additional administrative costs. The designated parking violation processing services office will issue up to two additional late notices to the registered owner. After 99 ninety (90) days the unpaid ticket will be considered a delinquent account and will be handled through the delinquent collection services division of the designated parking violation processing services office. 3 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 4 of 13 (2) Pursuant to F.S. 938.35, parking violation fines and penalties for which full payment is not received within ninety (90) calendar days from the date of issuance will also be subject to an additional collection fee if the account is referred to a private attorney who is a member in good standing of the Florida Bar or to a collection agent who is registered and in good standing pursuant to F.S. chapter 559, each retained by the city pursuant to its applicable procurement practices to pursue the collection of such unpaid financial obligations. The amount of such collection fee shall not exceed forty (40) percent of the amount owed at the time the account is referred to the attorney or agents for collection, or in the actual amount charged by such private attorney or agents for collection, whichever is less. (23) Overpayments. Any overpayments of fines / penalties will only be refunded if specifically requested within 90 days of receipt of the overpayment. (34) The designated parking violation processing services office shall supply the State of Florida department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge, which is machine readable by the installed computer system at that department, listing persons who have three or more outstanding parking violations or who have any outstanding violations of F.S. 316.1955. (45) Contesting a violation. Any person who wishes to contest the validity of the violation may request a court hearing by contacting the designated parking violation processing services office within 15 calendar days of the date of the infraction. A copy of the parking violation must be included with the completed request form for a court hearing. Upon such request, a summons for a court appearance will be issued to confirm the time and date of the court hearing. (56) Ticket cancellation. The cis City Manager's designee will establish and maintain a parking ticket cancellation program. Tickets may be cancelled in lieu of court appearance and dismissal by the designee when the complainant has a valid complaint. A valid complaint may include but not be limited to an improperly written ticket, verified official city business, ambulance transport, police department undercover vehicles, or a malfunctioning meter. (7) Ticket Dismissal. The City Manager's designee will establish and maintain a parking ticket dismissal program. Properly issued tickets for failure to display or properly display valid parking permits, valid multi- space parking pay station receipts, or handicap hang-tags or any other recognized permit shall be dismissed in lieu of court appearance and dismissal by the designee when the complainant can later produce valid 4 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 5 of 13 proof of such permit or hang-tag. A fee of $10.00 for such dismissal will be charged to cover all administrative costs. Section 6. That Chapter 30, Traffic and Motor Vehicles, Section 30.093 be amended by adding the underlined language as follows: Sec. 30.093. Installation of parking meters or multi-space parking pay stations; operation. (1) When parking meters or multi-space parking pay stations are installed, the city manager shall place such parking meters or multi-space parking pay stations in appropriate locations relative to each parking space. Each parking meter or multi-space parking pay station shall be so set as to show or display a signal that the lawful parking period has expired or provide a printed receipt displaying expiry of paid for time. (2) The city manager shall provide for the regulation, control, operation and use of the parking meters or multi-space parking pay stations provided for in this section and shall maintain such meters or multi-space parking pay stations in good workable condition. Each parking meter or multi-space parking pay station shall be so set as to display a signal or dispense a printed receipt showing legal parking upon the deposit of coins or currency of the United States, use of a City of Clearwater pre-paid parking card, credit/debit cards or any authorized type of payment therein for a period of time conforming to the parking limit established by the city manager for the area where such meter is placed. Section 7. That Chapter 30, Traffic and Motor Vehicles, Section 30.094 be amended by adding the underlined language as follows: Sec. 30.094. Fees and time limits designated by city manager. The sCity P4Manager is authorized to designate fees and time limits for parking at any city owned or operated parking lot, garage or other property and to designate the denomination of United States coins or currency, use of City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment which may be deposited or inserted therein for the purpose of obtaining legal parking for such period of time so designated. Section 8. That Chapter 30, Traffic and Motor Vehicles, Section 30.095 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.095. Use of meter/multi-space parking pay station and space. 5 Ordinance No. 8161tetfi # 10 Attachment number 1 Page 6 of 13 (1) When any vehicle shall be parked, pursuant to this division, in any space alongside of, ar next to, or in proximity to ?"ihinh there len"+ed p ,rs aRt t„ this di„1C1er, a parking meter/multi-space parking pay station, the owner, operator, manager, or driver of such vehicle shall, immediately after 61P9R entering the parking spacer immerlio+e?,i deposit the proper coins or currency of the United States, City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment in the parking meter/multi-space parking pay station alongside of, er next to, or in proximity to the parking space and shall set the meter/multi-space parking pay station in accordance with all posted instructions thereon including, but not limited to, prominently displaying any dispensed parking receipt(s) where indicated. aAdThe parking space may then be used by such vehicle during the parking limit provided for the area in `"'hinh G„Gh parking crone is Ienoter! ********** (3) Temporary parking meter removal. The parking system may provide for the temporary removal of parking meters to accommodate construction and other limited special uses. The fee for the removal and reinstallation of the meter/multi-space pay station is listed in Appendix A. No removal shall last for a cumulative period of more than ninety (90) days during any calendar year without prior approval from the City Manager's designee. (4) Permanent parking meter removal. Permanent parking meter removal requests are strongly discouraged and are granted within the sole discretion of the City Manager's designee consistent with the parking needs of the city. The fee for the permanent removal of a metered parking space or any designated public parking spaces is listed in Appendix A, and the calculation is based upon the daily rental rate per public parking space for a period of two (2) years. (5) Temporary use of designated parking spaces for limited special purpose. Parking space rental for a special purpose including, but not limited to, construction projects, valet parking operations, special events, and production/film events may be requested. The applicable temporary reserved parking space rental rate shall be assessed on a per space, per day basis, payable in advance, until such time as the designated rental has ended. The fee for the rental is listed in Appendix A. No temporary use of parking space shall last for a cumulative period of more than ninety (90) days during any calendar year without prior approval from the City Manager's designee. Section 9. That Chapter 30, Traffic and Motor Vehicles, Section 30.096 be amended by adding the underlined language and deleting the stricken language as follows: 6 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 7 of 13 Sec. 30.096. Overtime parking. (1) If any vehicle eha4 remains parked in any parking space when the parking meter/multi-space parking station indicates the expiry of paid for time, then beYGR ! the narking limit designated f?anh narking Snane paFkiRg ?Tmreteir shalpplay she_?.A.gi.pg marking aRd OR that eVeRt, such vehicle shall be considered as parked overtime and such act is unlawful. (2) At multi-space parking spaces, a failure to prominently display the parking receipt dispensed by the parking pay station in the manner instructed is unlawful and the vehicle shall be deemed as parked overtime. It Shall ho i inlanifi it fer aRy nersgn to permit a vehicle tg remain gr he planer! in aRy narking Snane alongSide gf gr newt tg ?.Uhinh aRy narking meter i er! ?.UhilPe Siun__h mTpet iSnI ' g a Signal ShnWni that vehicle has already parked heYGRd the nerigrl gf time -AIlgtter! (3) It is unlawful for the operator of a vehicle to stop, park or leave standing a vehicle on a city owned or operated parking lot, garage or other property, using meters, multi-space parking pay stations, gates, permits, or time limits for revenue and access control, for a period longer than 72 hours without first making arrangements in advance with the parking division. Section 10. That Chapter 30, Traffic and Motor Vehicles, Section 30.097 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.097. Extending parking beyond legal time. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter/multi-space parking pay station a coin, currency, City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment for the purpose of extending the parking time beyond the legal time fixed for parking in the parking space alongside oft er next to, or in proximity to whor-h where such parking meter/multi-space parking pay station is placed. Section 11. That Chapter 30, Traffic and Motor Vehicles, Section 30.098 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.098. Defacing, tampering with, etc. 7 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 8 of 13 It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter, multi-space parking pay station, or /revenue control equipment installed on any city owned or operated parking lot, garage or other property pursuant to the terms of this division. Section 12. That Chapter 30, Traffic and Motor Vehicles, Section 30.099 be amended by adding the underlined language as follows: Sec. 30.099. Use of substitutes for payment. It shall be unlawful for any person to deposit or cause to be deposited in any parking meter/multi-space parking pay station or change maker on any city owned or operated parking lot, garage or other property, any slug, device or substitute for a coin or currency of the United States, City of Clearwater pre-paid parking card, credit/debit card or any authorized type of payment. Section 13. That Chapter 30, Traffic and Motor Vehicles, Section 30.100 be amended by adding the underlined language as follows: Sec. 30.100. Disposition of parking fees. The coins, United States currency, City of Clearwater pre-paid parking card, credit/debit card or any authorized type of payment, deposited as provided in this division shall be utilized in the manner provided by the parking system bond ordinance, and until such bonds have been satisfied or otherwise redeemed. Section 14. That Chapter 30, Traffic and Motor Vehicles, Section 30.101 be amended by adding the underlined language as follows: Sec. 30.101. Exception for city officers and employees while on business. The provisions of this division shall not be construed to require payment into a parking meter/multi-space parking pay station by an officer or employee of the city who is on city business in order to park a marked city vehicle or a vehicle with an authorized city parking permit displayed on the dashboard of the vehicle, or a visible hang-tag, in any on or off street parking space within the city parking system. A city officer or employee who is not on city business and who parks a marked city vehicle or a vehicle with an authorized city parking permit displayed on the dashboard of the vehicle, or a visible hang-tag, in any on or off street parking space within the city parking system without paying the parking fee shall be subject to appropriate disciplinary action as may be determined by the city 8 Ordinance No. 8161tetfi # 10 Attachment number 1 Page 9 of 13 manager, including but not limited to loss of the city parking permit privilege or use of a marked city vehicle. Section 15. That section 30.102 be added to Chapter 30, Traffic and Motor Vehicles as follows: Sec. 30.102. Use of Municipal Parking for Valet Parking. (1) Generally. In order to reduce the disruption and hazardous conditions that valet parking service operations may create, and to promote the safe and legal operation of valet parking services for the use and convenience of businesses and the general public, all valet parking services affecting the public right-of-way and/or the City's off street parking will be evaluated for approval. The City Manager's designee shall weigh the impact of each request on the parking area and its users, and shall determine both the ability to lease spaces, and the number of spaces that may be leased for the regular use or special event, at the designee's sole discretion. (2) Use of Municipal Parking Spaces for Valet Ramping. The City may provide on an as-needed basis, the ability for a valet parking service company to rent municipal parking spaces for the purpose of creating a valet ramp that allows valet customers to enter/exit a vehicle and to turn over/retrieve a vehicle from valet operators. The City Manager's designee, at his/her own discretion, shall determine the number and location of said spaces, and will provide, if possible, spaces adjacent to the business served by the valet service. The fee per space is charged in accordance with the current fee schedule by location and is based on the daily parking rate plus an administrative fee as outlined in Appendix A. All valet ramp fees are not pro-rated for a portion of the day. The fees are payable two (2) weeks in advance for regular users and forty-eight (48) hours in advance for special events. The storage of vehicles, which is defined as the stopping, standing, or parking of vehicle(s) for over 15 minutes, shall not take place in a designated ramping zone. The restriction against storage of vehicles in a ramping zone will be strictly enforced. Notwithstanding this section, ramping will not be allowed if the Parking System determines, at its sole discretion, that it would be unsafe at a particular location. (3) Use of Municipal Parking Spaces for Valet Parking Storage. The City may provide on an as-needed basis, the ability for a valet parking service company to rent municipal parking spaces to accommodate valet parking storage. The fee per space is charged in accordance with the current fee schedule by location and is based on the daily parking rate plus an administrative fee as outlined in Appendix A. Valet storage fees are not pro-rated for a portion of the day, and the fees are payable forty-eight (48) hours in advance. Ordinance No. 8161tetfi # 10 Attachment number 1 Page 10 of 13 (4) Valet Service Request Procedure. A person or entity requesting use of municipal parking space for valet ramping and/or storage must provide the City's Parking System with a copy of the valet business tax receipt for the location to be served, a notarized letter of authorization from the business owner or a valet service agreement/contract, a certificate of insurance covering the valet service location and a site plan showing the proposed valet operational plan including but not limited to the proposed location, vehicle routes, size of proposed mobile stands, tables, chairs, umbrellas, key box, signs, location of trees, parking meters, planters, bus shelters, driveways, and any other sidewalk obstruction. Under no circumstances shall permanent structures or equipment be permitted. The site plan shall clearly identify the valet parking service area, and shall also show the proposed location, number of parking stalls and the distance to the off street parking facility providing the parking space storage for the valet parking service. Rented spaces utilized for ramping and/or storage shall be clearly identified with only signs that have been pre-approved by the Parking System. Section 15. That Appendix A, XIX Streets, Sidewalks, Other Public Places, be amended by adding the underlined language and deleting the stricken language as follows: APPENDIX A - Schedule of Fees XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES: Fees for services provided by the department of public works (ch. 28): (1) Petition to vacate: (a) Right-of-way ... $500.00 (b) Easement ... 400.00 (2) Request for street name and address change: (a) Name change ... 200.00 Plus cost of signs (b) Address (house no.) change ... 150.00 (3) Right-of-way permit (a) Single family residence/duplex ... 25.00 (b) Multi-family/commercial... 125.00 (c) Sidewalk (construction of new or replacement sidewalk) ... 50.00 (d) Subdivision development permit (Construction of a new subdivision and/or construction of new streets (private or public with 10 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 11 of 13 accompanying street utility connections such as sanitary sewer, water, storm drainage systems) ... 200.00 Plus per gross acre ... 50.00 (e) Utilities: Reclaimed water connection fee ... None Utility connection or construction ... 150.00 No pavement cut; fee per each utility involved and per each connection. Utility connection or construction ... 200.00 Pavement cut; fee per each utility involved and per each connection. Annual general permit ... 400.00 Providers of communications services ... None (f) Miscellaneous permit (work requiring engineering inspection in an easement or for other miscellaneous work) ... 50.00 (g) Failure to obtain r.o.w. permit before starting work ... Double fee (4) Use of any revenue generating/timed/designated public parking spaces (i.e. metered, permitted, cashiered, loading zone, designated, etc.): (a) Beach - Spaces (per day, everyday) ... 42 F;Q highest current City of Clearwater municipal daily beach rate Plus tax if applicable Downtown - Spaces (per day, Monday--Friday) ... 3-98 highest current City of Clearwater municipal daily downtown rate Plus tax if applicable (b) Administrative Fees: The Parking System shall charge an administrative service fee for all parking space rental requests including valet ramp/valet storage rentals. The fee schedule is as follows.., 1. $20.00 administrative fee assessed for any parkinq space rental of five spaces or less. 2. $30.00 administrative fee assessed for any parking space rental of six to ten spaces. 3. $50.00 administrative fee assessed for any parkinq space rental of eleven spaces or more (5) Parking space/meter removal - permanent and temporary: 11 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 12 of 13 (a) Permanent loss of %e a parking space as a result of construction on adjacent property causing elimination of a any revenue generating/timed/designated public parking spaces (i.e., metered, permitted, cashiered, designated parking, etc.) parkiRg spaGe or loading zones. Fee is based on loss of revenue for period of eee two 2 years based on daily amounts listed in number four (4) above. Fee for removal of loading zone will be treated the same as the loss of an adjacent metered parking space. (b) Temporary removal of parking meter/multi-space parking pay stations: 1. The fee for the removal of a parking meter/multi-space pay station and post shall be $50.00 per meter/pay station post. 2. The fee for re-installation of a parking meter/multi-space pay station and post shall be $50.00 per meter post. Payment in full shall be paid to the City of Clearwater Parking System in advance at a rate of $100.00 per meter post. (6) Permit fee to conduct race utilizing public rights-of-way, per participant ... 0.25 (a) The city manager may require the applicant to pay the charge as a deposit based upon the estimated number of participants and may deny the permit if the applicant refuses to pay such deposit. (b) The charge shall be remitted by the applicant within two weeks following the race event, if a deposit has not been required. If a deposit has been required, any underpayment shall be remitted or any overpayment shall be returned to the applicant within ten days after receipt of the affidavit provided for in subsection (c) below. (c) All applicants for special event permits to conduct a race shall provide an affidavit form at the time of payment of the charge or a request for refund of overpayment, a statement identifying the event and the number of persons that participated in the event. Section 16. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 12 Ordinance No. 816Etetfi # 10 Attachment number 1 Page 13 of 13 Approved as to form: Frank V. Hibbard Mayor Attest: Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk 13 Ordinance No. 816Etetfi # 10 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8202-10 on second reading, amending the watering schedule for all water sources, adding Section 32.110, Code of Ordinances, establishing a general watering schedule during periods of no drought, and amending Section 32.383, regarding reclaimed water hours of use. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8202-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING WATERING SCHEDULE FOR ALL WATER SOURCES; ADDING SECTION 32.110, CODE OF ORDINANCES, ESTABLISHING GENERAL WATERING SCHEDULE DURING PERIODS OF NO DROUGHT; AMENDING SECTION 32.383, AMENDING RECLAIMED WATER HOURS OF USE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.110, Chapter 32, Article IV, Code of Ordinances, is added to read as follows: Sec. 32.110. General watering schedule. Under normal conditions, watering restrictions are as follows: 1) Established lawns and landscape Twice-per-week watering with all water sources (except reclaimed, which is allowed any day of the week): (a) Wednesday and Saturday - Even-numbered addresses (or A - M) (b) Thursday and Sunday - Odd-numbered addresses (or N - Z), or mixed or no street address 2) New Lawns 60-day establishment period for new and replacement turf (sod, plugs, seed, etc.), not between 10:00 a. m. and 4:00 p.m. (a) Days 1 - 30 - any day of the week (b) Days 31 - 60 - Tuesday/Thursday/Saturday (even addresses for A - MI) - Wednesday/Friday/Sunday (odd addresses for N - ZI) 3) All Water Sources (a) No irrigation sprinkler use between 10 a.m. and 4 p.m. (b) Hand watering, low-volume irrigation devices or drip tubing - any day, any time (c) Fountains, Car Washing and Pressure Washing are no longer restricted. If applicable, shut-off nozzle should be used. (d) Fertilizers, insecticides, fungicides and herbicides may be watered in As nPPdPd See 32.153 for water shortage schedule. See 32.383 for Reclaimed Water use schedule. Section 2. Section 32.383, Chapter 32, Article IX, Code of Ordinances, is amended to read as follows: Ordinance No. 820Rdrih # 11 Attachment number 1 Page 2 of 2 Sec. 32.383. Reclaimed water use restrictions. To conserve the resource, no irrigation by use of reclaimed water is allowed between the hours of 944 10:00 a.m. and 5L59 4:00 p.m. on each day of the week. When applied, reclaimed water should be used only to the extent necessary for irrigation needs of lawns, gardens and individual plants. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 820Rdrih # 11 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 8/18/2010 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) SUMMARY: Among the purposes of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended, are: (1) to promote partnerships between State, units of general local government and nonprofit organizations, and (2) to expand nonprofit organizations' capacity to develop and manage decent and affordable housing. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). The City of Clearwater must identify eligible nonprofit organizations that are capable, or can reasonably be expected to become capable of, carrying out elements of Clearwater's approved housing strategy. Only nonprofit organizations that have been certified by HOME participating jurisdictions as CHDOs can receive funds from the minimum 15% set-aside. Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. is requesting $77,100 in Fiscal Year 2001 funds and $78,114.45 in Fiscal Year 2008 funds. The allocations will be used to build single-family homes on vacant lots the agency already owns. The agency is a newly created not-for-profit organization. The agency's parent organization is Pinellas County Habitat for Humanity and will be staffed by their employees. The Fiscal Year 2001 HOME CHDO allocation is derived from funds previously set aside for another CHDO whose proposed project did not meet HOME Program guidelines. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: None $155,214 Annual Operating Cost: Total Cost: to Appropriation Code Amount Appropriation Comment 0683-00000-104110-000-0000 $155,214 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 # 12 Attachment number 1 Page 1 of 14 CITY OF CLEARWATER, FLORIDA AND PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into this day of , 2010, by and between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of the State of Florida, herein after referred to as the "City", and Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc., a not-for-profit corporation organized under the laws of the State of Florida, herein after referred to as the "Habitat for Humanity CHDO"; WHEREAS, the City is the recipient of a HOME Investment Partnership Program (HOME) Grant from the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston- Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (HOME Program), codified and implemented by 24 CFR Part 92; and WHEREAS, under the provisions of the Act, the City is required to set-aside at least 15% of its HOME Investment Partnership Program entitlement allocation to organizations that meet the requirement for Community Housing Development Organizations (CHDOs), as specified by the HOME Program, for the CHDO to own, develop or sponsor housing for families at or below 80% of the area median income; and WHEREAS, Habitat for Humanity CHDO has met the requirements established by the federal government and has been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as amended; and WHEREAS, the City and the Habitat for Humanity CHDO desire to sign an agreement which sets forth terms and conditions for the use and acceptance of the unexpended FY 2001 and FY 2008 HOME Program CHDO Set Aside funds; and NOW THEREFORE, in consideration of the promises and covenants contained herein the parties hereto agree as follows: PART I - SPECIFIC TERMS AND CONDITIONS A. Source and Use of Funds Sources of Funds: The sole source of funding from the City for payment of services performed under this Agreement is the HOME Investment Partnership Program entitlement provided to the City by HUD. Habitat for Humanity CHDO agrees that in the event that the HOME Investment Partnership Program entitlement is reduced or withheld by HUD, the City shall not be liable for payment of contracted services from any City fund other than the HOME Investment Partnership Program entitlement, in which case Habitat for Humanity CHDO further agrees that the maximum sum payable under this Agreement may be reduced by the City. In the event HUD determines that the City or Habitat for Humanity CHDO have not fulfilled their obligation under the HOME Investment Partnership entitlement requirements, or the City determines that Habitat for Humanity CHDO has not fulfilled its obligation under the HOME Investment Partnership Program requirements, HUD or the City may demand reimbursement of expenses paid under this Agreement. Habitat for Humanity CHDO shall provide said reimbursement from non-federal sources within ten days of said notice from the City. Item # 12 Attachment number 1 Page 2 of 14 Funding in this agreement includes $77,100 from FY 2001 and $78,114 from FY 2008 HOME Program CHDO Set-asides. Habitat for Humanity CHDO further acknowledges that this Agreement is necessary to comply with the requirements of 24 CFR Part 92 - HOME Investment Partnership Program and incorporated herein by reference, which is the source of funds provided under this Agreement, and agrees that it will comply with, and will require all subcontractors, subgrantees and assigns to comply with all terms and conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be Habitat for Humanity CHDO's responsibility to ensure that it has the latest version of all applicable laws and regulations in its possession to ensure compliance with their provisions. 2. Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding allocated by the City, Habitat for Humanity CHDO shall operate the programs and specific activities described in the Habitat for Humanity CHDO's Proposal. Habitat for Humanity CHDO shall utilize its HOME allocation as an owner-developer to provide housing for families at or below 80% of the area median income in accordance with policies established by HUD and therefore shall: a. HOME funds provided to this project will be used for construction of affordable housing units. b. The project shall be implemented in accordance with this agreement and declaration of restrictive covenants. B. Program Requirements Habitat for Humanity CHDO shall comply with all requirements of 24 CFR Subpart F pertaining to affordable housing including, but not limited to: 1. Minimum/Maximum per Unit Subsidy/Value: The minimum pre-unit subsidy amount for HOME Investment Partnership Program entitlement funds invested shall not be less than One Thousand dollar ($1,000). The maximum per-unit subsidy/value of units assisted with HOME funds shall not be no more than the per-unit dollar limit established for mortgages under Section 221 (d)(3)(ii) of the National Housing Act for the Tampa-Clearwater-St. Petersburg metropolitan area. 2. Affordability Period: Rental units shall provide affordable housing to low- and moderate- income households for the following minimum affordability periods. Activity Average Per-Unit HOME $ Minimum Affordability Period Investment Rehabilitation or Acquisition of <$15,000/unit 5 years Existing Housing $15,000-40,000/unit 10 years >$40,000/unit 15 years Refinance of Rehabilitation Any dollar amount 15 years Proj ect New Construction or Acquisition Any dollar amount 20 years of New Housing Item # 12 Attachment number 1 Page 3 of 14 3. Income Restrictions: Habitat for Humanity CHDO maintains that the homebuyer's income, of the newly constructed single-family home, shall not exceed 80 percent of the area median income. Habitat for Humanity CHDO shall be responsible for determining and verifying the income eligibility of the HOME tenants. Habitat for Humanity CHDO shall determine the income by using the Section 8 Program definition of annual gross income and shall verify the income through third parry verifications. 4. Duration of Restrictions: The provisions of 24 CFR Subpart F, as it may be amended, shall survive termination of this contract for any reason. 5. Housing Quality Standards: Habitat for Humanity CHDO maintains that all new and rehabilitated units shall meet all applicable local codes, rehabilitation standards, and ordinances in accordance with 24 CFR Part 92.251; as well as the Model Energy Code published by the Council of American Building Officials (newly constructed units), the Southern Building Code, the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 or the Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part 39 (substantially rehabilitated units, defined as having a rehabilitation cost of greater than or equal to $25,000). Habitat for Humanity CHDO shall maintain all work funded under this Agreement is performed by properly licensed and qualified contractors in accordance with applicable state, county and city laws and codes and that all rehabilitation work requiring a construction permit is obtained. 6. Housing Inspections: Habitat for Humanity CHDO maintains that all units assisted with HOME funds are decent, safe and sanitary and meet the general conditions listed in Section 6 of this agreement. Further, Habitat for Humanity CHDO agrees that it will make all records and property assisted with HOME funds available for inspection within a reasonable period. 7. Site Sensitivity: Habitat for Humanity CHDO maintains that it will not undertake any activity that may adversely affect historic or environmentally sensitive sites; and to mitigate any findings identified in the environmental checklist. The City shall be responsible for ensuring the proposed projects meet the requirements listed in 24 CFR Part 58. 8. Property Management: Habitat for Humanity CHDO shall be responsible for the maintenance and upkeep of all such property and maintain sufficient insurance to cover the cost of replacement. 9. Audit: Habitat for Humanity CHDO maintains that it shall, at any time during normal business hours and as often as the City and/or Comptroller General of the United States and/or any of their duly authorized representatives may deem necessary, make available for examination all of Habitat for Humanity CHDO's records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the City and/or the Comptroller General to audit and examine all books, documents, papers, records and data related to this Agreement. C. Method of Payment 1. Funding Allocation: Both parties agree that the total compensation to be paid hereunder for actual expenses incurred shall be no more than ONE HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED FOURTEEN DOLLARS ($155,214). The City hereby acknowledges that the funds provided shall be derived from the 15% CHDO set-aside through FY 2001 and FY 2008 HOME Program in the amounts of $77,100 and $78,114 respectively. Item # 12 Attachment number 1 Page 4 of 14 The funds will be expended in accordance with the terms and conditions of the agreement. Funds reserved for Habitat for Humanity CHDO may increase or decrease, subject to production standards. Any remaining funds shall revert to the City or other City approved agency. Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions. D. Return on Investment 1. CHDO Proceeds: Funds provided to this activity shall be considered program income and shall be returned to the City once the property is sold. Recaptured Funds: Funds recaptured, because housing no longer meets the affordability requirements under 24 CFR Part 92.254, are subject to the requirements of Part 92, and must be properly identified and deposited in the Habitat for Humanity CHDO's HOME Account for use for additional HOME eligible projects. Recaptured funds must be used prior to the drawing down of additional HOME Investment Partnership entitlement funds from the City under this Agreement. Habitat for Humanity CHDO is required to submit an annual report by October 15th of every year that identifies the current unit tenant, and affordability period for all previously HOME assisted projects detailed in Part I, Section F.2 of this Agreement in order to determine continued compliance with affordability requirements. E. Project Approval Process Habitat for Humanity CHDO shall submit a completed project proposal package to the City that includes all of the required documents referenced in this document and demonstrates compliance with the HOME Program regulations stated in the Final Rule, 24 CFR Part 92 prior to City approval of the project. Upon complete submittal of the project proposal package, the City shall respond to project proposals in writing within fifteen working days. Closings on proposed construction shall not be scheduled prior to project approval by the City. F. Program Evaluation and Monitoring Program Goals: The annual performance under this Agreement shall be measured against the program goals set forth in Habitat for Humanity CHDO's Application. Program Monitori ng: The City has the right to monitor and evaluate all aspects of activities carried out by Habitat for Humanity CHDO. Such evaluations will be affected by the submission of reports and information by Habitat for Humanity CHDO and monitoring visits of Habitat for Humanity CHDO by the City. The City will conduct biannual monitoring/site visits throughout the current contract year. Contractual requirements related to inspections, reports, and records include, but are not limited to: a. Program Records - Habitat for Humanity CHDO shall maintain monthly bank statements of Habitat for Humanity CHDO's HOME Account, records, reports, data and information as may be required by HUD in 24 CFR Part 92.508 or the City pertaining to matters of this Agreement. 3. Project Files: Habitat for Humanity CHDO shall maintain accurate individual project files with detailed records of each property, including: a. Acquisition, construction or renovation costs and operating costs attributed to a project, identifying direct assistance funded through the HOME Investment Partnership fund, CHDO Proceeds, project revenue or other sources; Item # 12 Attachment number 1 Page 5 of 14 b. A copy of the executed note and mortgage on the property; c. Set-up/Completion reports on the property. Completion reports must be submitted to the City within sixty (60) days of rehab/construction and lease-up completion. d. Habitat for Humanity CHDO's annual report verifying ownership and household income for each completed HOME Investment Partnership entitlement assisted unit throughout the affordable term; and e. Documentation substantiating compliance with Equal Opportunity, Fair Housing and Affirmative Marketing, and other contractual requirements. Habitat for Humanity CHDO shall maintain a summary of this information and shall submit this information to the City upon request. These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 4. Activities Report: A monthly activity report shall be completed and submitted by the tenth working day of each month summarizing HOME funded, and other low-income housing activities, during the previous month and during the fiscal year-to-date. The report shall detail property acquisitions, construction project status, sales of property, CHDO proceeds and a description of the fund activity in Habitat for Humanity CHDO's HOME account. This report must include a monthly bank statement of the HOME Account and copies of prior month checks written against this account. Records Retention: Habitat for Humanity CHDO shall retain all records pertaining to this Agreement, including, but not limited to financial, statistical, property and programmatic records, for five years from the last day of the City's fiscal year, (September 30t ), in which this Agreement expires, five years after the affordability period or is terminated. All records, which are subject to audit findings, shall be retained for five years in the manner prescribed above or until an ongoing audit is completed and all issues raised by the audit are resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by federal, state or local law. These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. Reversion of Assets: Habitat for Humanity CHDO certifies that immediately upon the earliest of. 1) the event of default under the terms and conditions of this Contract; 2) dissolution of Habitat for Humanity CHDO; 3) termination of any program described herein; or 4) the expiration or termination of this Agreement, if said Agreement is not renewed or extended, any HOME Investment Partnership entitlement funds remaining in the Habitat for Humanity CHDO's HOME Account, repayments of all loans, proceeds from the sale of property and title to property that has been purchased, newly constructed, and/or rehabilitated with HOME funds and not yet leased, accounts receivable, and/or proceeds or assets attributable to the use of the HOME Investment Partnership entitlement funds, shall revert to the City. Habitat for Humanity CHDO further stipulates that in the event that non-expendable personal property purchased under this Agreement is sold during the term of this Agreement, or for one year received by Habitat for Humanity CHDO at any time after contract expiration, any income from the sale shall be returned to the City within ten days from the sale date. In the event that the balance of funds held in Habitat for Humanity CHDO's HOME Account, combined with the proceeds from the sale of the above HOME funded personal property, is not sufficient to repay HOME Investment Partnership entitlement funds drawn by Habitat for Humanity CHDO on open HOME projects, Habitat for Humanity CHDO must provide a written explanation to the City at least 20 working days prior to the sale of any CHDO property. Item # 12 Attachment number 1 Page 6 of 14 G. Time of Performance 1. Annual CHDO Recertification: The CHDO Recertification documentation shall clearly demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted to the City by July 1, 2011, or the City may decline to recertify and decline to renew this Agreement. 2. Commencement and Term: Services described in this Agreement shall commence on August 1, 2010 and shall continue in effect through July 31, 2011. This Agreement may be subject to renewal, through July 31, 2012, only if Habitat for Humanity CHDO has been recertified according to Part I, Section H, Paragraph 1, and has made significant progress toward the performance of the goals stipulated in the Work Program. 3. Reallocation of Funding: Upon consideration of renewal of this Agreement, the City shall evaluate the performance of Habitat for Humanity CHDO in comparison to the goals defined in the Work Program. In the event there is no activity toward these goals, the City has the right to divide the funding stipulated in this Agreement among other qualified CHDOs. PART II - GENERAL TERMS AND CONDITIONS 1. Religious Organizations: As partial consideration of receipt of funds under this Agreement: a. Habitat for Humanity CHDO shall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. Habitat for Humanity CHDO shall not discriminate against any person seeking assistance from Habitat for Humanity CHDO on the basis of religion and will not limit services or give preference to persons on the basis of religion; c. Habitat for Humanity CHDO shall provide no religious instruction or counseling, conduct no religious workshops or services, engage in no religious proselytizing, and exert no other religious influence on any client or employee of Habitat for Humanity CHDO; d. No property, from which services are provided under this Agreement, shall contain religious symbols for decoration for the term of this Agreement and the term of any mortgage and/or promissory notes issued pursuant to this Agreement; and c. Habitat for Humanity CHDO shall include subparagraphs a-d, above, in any subcontracts pursuant to this Agreement. 2. Other Program Requirements: Habitat for Humanity CHDO shall comply with all the requirements of 24 CFR Subpart H, included, but not limited to: a. Equal Opportunity: In order to maintain statistical data on the use and participation of minority and women owned business enterprises as contractor/subcontractors in HOME Program contracting activities, Habitat for Humanity CHDO shall be required to identify projects which have been bid by, and contracted and/or sub-contracted to minority owned, women owned, and/or small or disadvantaged businesses, by project dollar value. Habitat for Humanity CHDO shall provide certification of compliance with all federal requirements under equal opportunity legislation including, but limited to: The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended, (Equal Item # 12 Attachment number 1 Page 7 of 14 Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (U.S.C. 2000d) (Nondiscrimination in Federal Assisted Programs) and implementing regulations issued at 24 CFR Part 1; ii. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; iii. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60. b. Any contract exceeding $200,000 and any subcontract exceeding $100,000 shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The Contractor shall comply with HUD's Regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause, referred to as the Section 3 clause, in all subcontracts resulting from the commitment of funds under this Agreement: "The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing". c. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties of this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. d. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in a conspicuous place at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job title subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulation in 24 CFR Part 135. f. The contractor will certify that any vacant employment positions, including training positions that are filled after the contractor is selected, but before the contract is signed, will certify that employment opportunities to be directed were not filled to circumvent the contractor's obligations under 24 CFR Part 135. Item # 12 Attachment number 1 Page 8 of 14 g. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from further HUD assisted contractors. h. The requirements of Executive Order 11625 concerning Minority Business Enterprise and 12138 concerning Woman's Business Enterprise be consistent with HUD's responsibilities under these orders, each applying entity must make efforts to encourage the use of minority and women business enterprises in connection with HOME funded activities. Any applying entity must prescribe procedures acceptable to the City to establish activities it uses to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. To encourage the use of women and minority owned businesses in bids for the Program, the City will provide, on request, the latest list of such businesses. 3. Fair Housing/Affirmative Marketing: Habitat for Humanity CHDO shall comply with all HUD and City of Clearwater fair housing and affirmative marketing requirements and policies, as set forth: a. Habitat for Humanity CHDO shall be required to use affirmative fair housing marketing practices in soliciting clients, determining eligibility and concluding transactions, and affirmatively further fair housing efforts according to CFR Part 570.904(c). b. Habitat for Humanity CHDO shall solicit applications for vacant units from persons in the housing market who are least likely to apply for the rehabilitated or new housing unit without benefit of special outreach efforts. Persons who are not of the race/ethnicity of the residents of the neighborhood in which the rehabilitated building is located shall be considered those least likely to apply. c. Habitat for Humanity CHDO advertising of vacant units must include an equal opportunity logo or statement. Advertising media may include newspapers, radio, television, brochures, leaflets, or a sign on the property. Habitat for Humanity CHDO may use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. d. Habitat for Humanity CHDO must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters) to be available for inspection when requested by the City. e. Habitat for Humanity CHDO shall maintain a list of all families residing in each unit The City will assess the affirmative marketing efforts of Habitat for Humanity CHDO by comparing predetermined occupancy goals (based on the area from which potential families will come). f The City will assess the efforts of Habitat for Humanity CHDO during the marketing of the units by use of a compliance certification or personal monitoring visits to the project at least once a year. g. Those participating entities requesting HOME Investment Partnership entitlement funds for developments containing five or more units must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the available housing. In such cases, Habitat for Humanity CHDO must provide the City with an annual assessment of the affirmative marketing program. Said assessment must include: Item # 12 Attachment number 1 Page 9 of 14 Methods used to inform the public and potential owners about federal fair housing laws and affirmative marketing policy (i.e. the use of the Equal Housing Opportunity logotype or slogan in print advertising); ii. Methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; iii. Records describing actions taken by the participating entity and/or owner to affirmatively market units; and records to assess the results of these actions. Anti-displacement: Habitat for Humanity CHDO shall not cause permanent displacement of current residents under the terms of this Agreement; shall inform sellers of the property of the fair market value of such property and that Habitat for Humanity CHDO or buyer does not have the power of eminent domain and will not acquire the property unless a mutually agreeable price can be negotiated; and shall not acquire any property that would result in the displacement of existing tenants. Habitat for Humanity CHDO further agrees that if involuntary or economic displacement occurs as a result of Habitat for Humanity CHDO actions, Habitat for Humanity CHDO shall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and Section 104(d) of the Housing and Community Development Act of 1994, as amended. 5. Labor Standards: Projects to be constructed or rehabilitated which contain 12 or more HOME assisted units, shall comply with the Davis/Bacon Act, applicable provisions of the Contract Work Hours and Safety Standards Act, and other applicable federal laws and regulations pertaining to Labor Standards. Lead-Based Paint: Housing assisted with HOME Investment Partnership entitlement funds constitutes HUD-Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is therefore, subject to 24 CFR Part35, and shall require each buyer of subject Properties to execute the "Watch Out for Lead Based Poisoning" notifications. All such executed notifications shall be maintained in Habitat for Humanity CHDO's project file and a copy submitted to the City upon request. Conflict of Interest: Habitat for Humanity CHDO, as an owner/developer of this project, shall ensure that it, (or officer, employee, agent or consultant of the Habitat for Humanity CHDO), will not occupy any HOME assisted affordable housing units in the project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the Habitat for Humanity CHDO who occupies a housing unit as the project manager or maintenance worker. The City may provide an exception to the provisions listed above on a case-by-case basis when the City determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of Habitat for Humanity CHDO's HOME assisted project. In order for the City to provide this exception, Habitat for Humanity CHDO must make a written request and the City will make its determination based on the following factors: a. Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group; b. Whether the person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted housing in question; Item # 12 Attachment number 1 Page 10 of 14 c. Whether the tenant protection requirements of Section 92.53 are being observed; d. Whether the affirmative marketing requirements of Section 92.351 are being observed and followed; and e. Any other factor relevant to the City's determination, including the timing of the requested exception. 8. Debarment and Suspension: Habitat for Humanity CHDO attests that it has not been debarred, suspended, proposed for debarment, or ineligible from participating in federally funded projects, and acknowledges that it shall not employ, award, or fund any contractors or subcontractors that have been debarred, suspended, proposed for debarment, or ineligible from participating in the federally funded projects. Flood Insurance: In the event that properties are located in a Flood Zone, this Agreement is predicated upon Habitat for Humanity CHDO certifying that either the cost of rehabilitation necessary to meet all applicable codes and standards does not exceed 50 percent of the appraised value of the property improvements, or that the lowest habitable floor level is at or above the allowable flood level based upon a valid survey, prepared by a licensed surveyor. If projects can be financed with HOME Investment Partnership entitlement funds as a result of compliance with either of these requirements, buyers shall maintain flood insurance for full replacement value as required by mortgagees. 10. Lobbying Prohibited: Habitat for Humanity CHDO certifies, to the best of its knowledge or belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Habitat for Humanity CHDO, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Habitat for Humanity CHDO shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, with a copy of said submittal provided to City within ten days of submission. c. Habitat for Humanity CHDO shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000. 11. Enforcement: All transactions and related documents must be pre-approved by the City to assure compliance with all provisions of 24 CFR, Part 92. The City may enforce this Agreement through termination, as follows: 10 Item # 12 Attachment number 1 Page 11 of 14 a. Termination of Contract for Cause: If, through any cause, either parry shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or shall violate any of the covenants, agreements, or stipulations of this Agreement, the other parry shall thereupon have the right to terminate this Agreement by giving written notice to said parry of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. Notwithstanding the above, Habitat for Humanity CHDO shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Habitat for Humanity CHDO. The City may withhold any payments to Habitat for Humanity CHDO for the purpose of set-off until such time as the exact amount for damages due to the City from Habitat for Humanity CHDO is determined. b. Force Majeure: This Agreement may not be terminated if the failure to perform rises from unforeseeable causes beyond the control and without the fault or negligence of either parry. Such causes may include, but are not restricted to: acts of God; acts of the public enemy; acts of the Government in either its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault and negligence of either party. In the event of default, lack of compliance or failure to perform on the part of Habitat for Humanity CHDO, the City reserves the right to exercise corrective or remedial actions, to include, but are not limited to: Requesting additional information from Habitat for Humanity CHDO to determine reasons for, or extent of noncompliance or lack of performance; ii. Issue a written warning advising Habitat for Humanity CHDO of deficiency and advising Habitat for Humanity CHDO that more serious sanctions may be taken if situation is not remedied; iii. Advise Habitat for Humanity CHDO to suspend, discontinue or not incur costs for activities in question; iv. Withhold payment for services provided; or v. Require Habitat for Humanity CHDO to reimburse the City for the amount of costs incurred for any items determined ineligible. c. Termination for Convenience: The City may terminate this Agreement at any time, by giving written notice to Habitat for Humanity CHDO of such termination and specifying the effective date of such termination, at least fifteen days before the effective date thereof. In that event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. If this Agreement is terminated by the City as provided herein, Habitat for Humanity CHDO will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Habitat for Humanity CHDO covered by this Agreement, less payments of compensation previously made. 12. Assignment and Subcontracting: Habitat for Humanity CHDO shall not assign or otherwise transfer any interest in this Agreement nor enter into any subcontract pursuant to this Agreement without submitting said proposed subcontract to the City and without the prior written approval of the City of the proposed subcontract. All federal requirements of this Agreement shall be applicable to any subcontracts entered into under this Agreement and it shall be Habitat for Humanity CHDO's responsibility to ensure that all federal requirements are included in said subcontracts and that all 11 Item # 12 Attachment number 1 Page 12 of 14 subcontractors abide by said requirements. The City shall have the right to withhold approval at its sole discretion. 13. HUD Requirements: Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time. 14. Hold Harmless: Habitat for Humanity CHDO shall defend, indemnify and hold the City and all of its officers and employees, including but not limited to members of the Clearwater City Council, harmless from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind or nature, by one or on behalf of any person or persons whomsoever or whatsoever arising out of or in any matter resulting from or connected with any accident, injury, death or damage which may happen during the time period covered by this Agreement for services under the administration and direction of said Habitat for Humanity CHDO will defend any actions or suits brought against the City by reason of Habitat for Humanity CHDO's failure or neglect in complying with any of the conditions and obligations of this Agreement, or any tort liability arising out of actions of Habitat for Humanity CHDO or any of its agents or subcontractors. 15. Construction Bonding and Insurance: All construction contracts or subcontracts over $100,000 let as the result of this Agreement shall include the following requirements: a) a bid guarantee, such as a bid bond, cashier's check or certified check, from each bidder equivalent to five percent of the bid price; b) a performance bond for 100 percent of the contract price; and c) a payment bond for 100 percent of the contract price. All such bonds obtained must be from companies listed in Treasury Circular 570, and provided to the City prior to commencement of construction. 16. Insurance: Habitat for Humanity CHDO shall maintain insurance coverage in the amount deemed adequate by the City for all risks inherent in the functions and aspects of its operation including but not limited to risks of fire, casualty, automobile liability coverage, workmen's compensation insurance as required by law, and public liability insurance for personal injury and property damage. a. At a minimum, Habitat for Humanity CHDO shall maintain public liability insurance including contractual liability coverage with a combined single limit of $1,000,000 and automobile liability insurance with coverage including $100,000 personal liability, $300,000 for any single incident and $50,000 property damage. Property casualty and flood insurance must be maintained in an amount equal to the replacement value of the property. b. Habitat for Humanity CHDO shall have the City named as additional insured under the coverage provided by all policies required by this Agreement, with the exception of workmen's compensation insurance. The City shall be afforded the same notice as the named insured in the event of cancellation of any policy by an insurance company. c. Habitat for Humanity CHDO shall submit to the City, prior to the distribution of any funds under the Agreement, proof of insurance coverage which shall consist of a copy of all policies evidencing such coverage. The City reserves the right to request proof that the insurance premium for such policies effective during the term of this Agreement has been paid. 17. Copyrights and Patents: If this Agreement results in a book or other copyright materials or patent materials, Habitat for Humanity CHDO may copyright or patent such, but the City and the United States Government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use such materials and to authorize others to do so. 18. Notification: All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by 12 Item # 12 Attachment number 1 Page 13 of 14 the United States mail at the address listed below or upon the actual date of delivery if hand delivered to the address listed below. Either party may change the below listed address at which he receives written notices by so notifying the other parry hereto in writing. ADDRESS OF CITY: ADDRESS OF PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. City of Clearwater Pinellas County Habitat for Humanity Housing Division Community Housing Development Corporation, Inc. Post Office Box 4748 (if mailed) 3071118 th Avenue North Clearwater, Florida 33758 St Petersburg, Florida 33716 112 South Osceola Avenue (if delivered) Clearwater, Florida 33756 Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law, for any reason, such as determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 19. Modification: No oral agreement or conversation with any officer, agent or employee of the City, either before or after execution of this Agreement, shall affect or modify any of the terms or obligations contained in this Agreement. Any such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City. This Agreement shall not be modified except in writing signed by authorized representatives of both parties. 20. Non-Waiver: No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other parry hereunder. A waiver by one parry of the other party's performance shall not constitute a waiver of any subsequent performance required by such other party. No waiver shall be valid unless it is in writing and signed by authorized representatives of both parties. 13 Item # 12 Attachment number 1 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. Countersigned: Frank Hibbard Mayor - Councilmember Approved as to form: Laura Mahony Assistant City Attorney II By: 14 By President Date ATTEST: Secretary Date CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 8/18/2010 Approve increasing an existing purchase order to Bright House Networks, Saint Petersburg, FL by $167,000, for a new total of $237,000, for internet and network services to various City facilities, extend the contract end date to Septembr 30, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: Bright House Networks provides both internet access and network connection services to locations across the City. The City Manger approved a purchase order in the amount of $70,000 to provide these services to the Morningside Pool, McMullen Tennis Complex and the Buck-up Datacenter at General Services. Previously, other facilities' services were provided through PO's issued within individual departments. All services are now being consolidated into one blanket PO. These services are fiber optic technology and prices are based upon 3-year contracts, with the annual cost of $79,000. The locations served with this agreement are as follows: MSB, Ross Norton and Greenwood Recreation Centers; Countryside, East and Beach Libraries; Armory; Countryside and Beach Police Substations; Eddie C. Moore Complex; Morningside Pool; McMullen Tennis Complex; City Health Care Center and Back-up Datacenter at General Services. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $79,000 Annual Operating Cost: $79,000 Not to Exceed: Total Cost: $237,000 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0555-09862-530300-519-000- $237,000 0000 Review 1) Financial Services 2) Office of Management and Budget 3) Information Technology 4) Financial Services 5) Office of Approval: Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) Clerk Cover Memo Item # 13 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $146,497.17, for a 12-month period beginning October 1, 2010 and ending September 30, 2011. (consent) SUMMARY: The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a 12-month TriTech Software Support Agreement, which will expire September 30, 2010. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of $146,497.17, is budgeted in FY 2010/2011 Police Department operating budget 0010-01162-530300-521-000-0000. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: $146,497.17 Not to Exceed: For Fiscal Year: 2010 to 2011 Budget Adjustment: None Annual Operating Cost: Total Cost: $146,497.17 Appropriation Code Amount Appropriation Comment 010-01162-530300-521-000 $146,497.17 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Police 6) Information Approval: Technology 7) Clerk 8) Assistant City Manager 9) Clerk 10) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 2 TRITECH SOFTWARE SYSTEMS July 14, 2010 Clearwater Police Department Attn. Major Don Hall City of Clearwater 645 Pierce St. Clearwater, FL. 33756 Renewal of Software Support Agreement This letter is an important notice to renew your Software Support Agreement for your TriTech System, which will expire on September 30, 2010. The renewal of the Software Support Agreement will allow you to continue to take advantage of the software support and maintenance services provided by TriTech Software Systems and allow you to receive upgrades to your TriTech System. Please complete and sign this Support Renewal Agreement and return it to TriTech along with your payment to assure uninterrupted software support and maintenance services coverage. Action on this Support Renewal Agreement is time sensitive; services to support your system will not be provided if you have not paid your Support Renewal Fee by the Expiration date of your Software Support Agreement. TriTech Support Services Renewal Agreement Amendment Client agrees to renew its Software Support Agreement, the terms of which are incorporated by reference herein as though set forth in full, and according to the terms and conditions included herein. Except as modified herein, all other terms and conditions of the Software Support Agreement shall remain in full force and effect. With respect to the content herein, in the event of any conflict between this Software Support Renewal Agreement Amendment and the Software Support Agreement, the terms of this Software Support Renewal Agreement Amendment shall control. This Support Renewal Agreement Amendment and applicable support fees must be signed, paid and returned by October 1, 2010 to avoid any interruptions in the software support and maintenance services provided by TriTech. Payment of $146,497.17 for this period is due October 1, 2010. Consumer Price Index Adjustment For support renewals that go into effect within calendar year 2010, the support renewal fee has been increased by the consumer price index (CPI) rate of 0%. Note: Escrow, ESRI and TeleAtlas Fees are calculated separately and added to your annual support fee. Payment For your convenience, we have enclosed an invoice for the full amount of the TriTech Support Services Renewal Fees covering 12 month period, beginning October 1, 2010 - September 30, 2011. If you have any questions, please contact Diana Sliwicki or your Client Account Manager at 858-799-7000. 9860 Mesa Rim Road San Uiego, CA 92121 868.799.7000 FAX: 858.799.7010 www.irilech.com Item # 14 Attachment number 1 Page 2 of 2 The Support Renewal Agreement for TriTech Support Services is based upon the following TriTech Software licenses: 'Clearwater # of Cost per Total Support Term Product Name z Licenses License LicenseCost 1011110-9/30111. Primary Server SWLrMulti _ ...... ...... _- I 3,000.00 3,000.00 670.43 Dis atcher/Call Taker User SWL 15 10,000.110 150,000.W 33,521.40 Supervisor User SWL ....... _ ......... ......-- ......... . _ .. 2 S 000.00 10,000.00 .._ 2,234.76 - A Q ..:._....../Trainin S_.._ $?_erver SWL ?- _..._.......-..........__...._._..__ ............. __._. 1 - 10 a . 00000 10_._ . 000.00 2,234.76 .... Site License forTRU, Command Van QA Training Site License 1 12,000.00 12,000.00 2,6$1.71 H o t Standby Server SWL _ _...._....-..... 1 10,000.00 0.(X) 2,234.76 VisiNPt Brow-erSile License 1 25,000.00 25,400.00 5,586.90 Data Archive Server License I 18,500.40 18,500.()0 4,134.31 Event Playback Module 1 7,500.00 7,500.00 1676.47 mm mm NCICJFCIC Query User License ....... . 17 ._.... 500.00 8,500.00 _ 1,899.55 ....... SOPModule 1 7,500.00 7,500.00 1,676.07 Quickest Path Unit Recongnendation Module 1 25,000.00 25,000.00 5,586.90 Geofile Cross Reference _ 1 2,500.00 2,500.00 559.69 Sn?shot Module 1 2,500.00 2,500.00 558.69 GISLink Utility License ........ 1 15 040.00 15,000.40 3 352.14 ANVALI Interface License 1 9,040.00 9,000.00 2.011 28 Master Timing Source Interface 1 0.00 4.40 0.00 NC IC 7FCIC interface 1 50,000.00 50,000.40 11,173.80 Connection Fee CiC:JFCIC,RMS, PCO Computor,DAVID,Coplink 2 _ _7_50000 _ 15,000.40 3,352.14 CAD2CADICAD2AVLInterface 1 35,000.00 35,000.00 7,821.66 interface Manager License 1 5,000.00 m 5,000.00 1,117.38 )Net Mobile Server ?- - - ..,,.. ..._ ..... 1 ........_ 55,000.44 55,000.00 .. .. 12,291.18 VisiNet Mobile Ma in Server 1 5,000.00 5,000.00 1,117.38 VistNet Mobile to CAD Interface. 1 0.00 0.00 0.00 VisiNet Mobile Base Client License 210 500.00 105,000.00 23,464.98 VisiNet Mobile AVL License with ma in 210 300.00 63,000.00 14,078.99 Message Switch/NCIC Interface License 1 0.00 000 0.00 Custom Mobile F?hancent XMI,Automatic Download Header 1 5,250.(X1 5,250.00 1,173.25 Total Support Base Gost 684,250.00 ? -? .. Total Support Renewal Fee: - 146,209.17 .. . .. .. ESRI Fees 288.00 . .. . Fscrow Fee: . _..._.. .... - - NOTES: ESR1 Fees 17 User Licences at $16.00 each i?SRT Fees 1 GISLink @ $16.00 each _ . ??__ ..... ........Other Ls ee Note1.. ....___...._.0.00 Total Adjusted Support Renews! Fee: 146,497.17 As a part of your support renewal, you will receive one (1) free conference admission to the Annual VisiCon User's Conference. Travel and expenses are not included. Item # 14 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an amount not to exceed $250,000 for the purchase of Goodyear tires for city motorized equipment during the contract period September 1, 2010 through August 31, 2010 in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid and authorize the appropriate officials to execute same. (consent) SUMMARY: This Blanket Purchase Order is a piggyback to the Florida State Contract 863-000-10-1 and covers the purchase of several sizes of tires for use on all City vehicles. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $240,000 $250,000 10/1/2009 to 09/30/2010 Budget Adjustment: None Annual Operating Cost: Total Cost: $240,000 Appropriation Code 566-06611-550700-519-000 Amount Appropriation Comment $250,000 BPO Bid Required?: No Bid Number: Other Bid / Contract: Florida State Contract Bid Exceptions: None #863-000-10-1 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 8/18/2010 Approve a Work Order in the amount of $205,520.00 to URS Corporation Southern (EOR), to provide professional engineering services for the design, permitting and bidding for Greenlea East-West Reclaimed Water Interconnect Project (10-0038-UT), and the appropriate officials be authorized to execute the same. (consent) SUMMARY: The City of Clearwater is expanding its reclaimed water system to serve its residents with water for irrigation and other non- potable uses as outlined in the 2010 Reclaimed Water (RCW) Master Planning Services Technical Memorandum dated May 2010 completed by URS at the City's request. A cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Skycrest Reclaimed Water Project (L695), approved by the City of Clearwater on May 17, 2007, provided funding for design, permitting and construction of reclaimed water transmission mains, distribution piping, a five (5) million gallon (MG) ground storage tank, and a high service pump station in the Skycrest area of Clearwater. As part of the agreement, SWFWMD will reimburse up to 50% of $10,838,000 involving all costs associated with this project. Since the actual total design and construction costs of $8,739,792.90 is less than the $10,838,000 available to fund the original design and construction for the Skycrest RCW Project that was approved through July 2009, the City will be utilizing the remaining $2,098,207.10 from the existing Cooperative Funding Agreement to design and construct additional RCW areas. Five (5) commercial customers including Montclair Park, Breyley Apartment Complex, Frank Tack Park, Calvin A. Hunsinger School, and Sandy Lane Elementary School are anticipated to connect to the RCW system. A future RCW transmission interconnect is included for the City of Dunedin should the City wish to negotiate a contract with the City of Dunedin. Design and permitting for the new RCW transmission piping is estimated to start in September 2010 and finish in March 2011. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the reclaimed water system. A Third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for SWFWMD's share of this contract in the amount of $102,760.00. Sufficient budget and revenue are available in project 0315-96739, Reclaimed Water Distribution system in the amount of $205,520.00. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comm ents: See summary section. Current Year Cost: $205,520.00 Annual Operating Cost: Not to Exceed: $205,520.00 Total Cost: $205,520.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment Cover Memo Item # 16 0315-96739-563100-533-000- $205,520.00 See summary 0000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 12 URS CORPORATION SOUTHERN WORK ORDER INITIA' I tON FORM for the CITY OF CL ARWATER Date: July 16, 2010 City Project NUrnber: 10-0038-UT Project Number: 1. PROJECT TITLE: Greenlea East-West RCW Interconnect Project (L695) . SCOPE OF SERVICES: Due to attractive construction contractor bids on the {CITIAY's reclaimed water (R.CW) transmission and distribution projects, the CITY is interested in maximizing the use of its SWI WMD Cooperative Grant. Funding. As such the CF Y has identified several areas where the RCW can be expanded to increase the use of RCW for landscape irrigation and to increase the CITY's RCW customer base. It is anticipated that the change orders from the current RCW contractors will be requested to construct the Greenlea East/West Interconnect RCW system. This Work Order is intended to provide for design, final design services, project management and construction management services for the Greenlea East/West. Interconnect RC'W system. I-DESIGN Task 1 -- Sorvev for Greenlee East/West RCW Interconnect URS will perform the survey work required to develop the base information and the horizontal/vertical control for the design and construction plans. The approach involves the development of planimetrics from aerial photogrannnetry followed by field surveying of the full ri4ght-of-ww°ay. The followw°ima sequence of task will be undertaken for the project: I ,.. I.tern # 16 Attachment number 1 Page 2 of 12 a. Ic rrsure down information will be obtained on strUC;tr.IreS. b. Side lot line information will not be field sur ve Nled. c. Platu nettric:'\1.. ;l,in (Aerial Photograrnrnetry) 1. U"IRS will prepare 1" 20` scale planirnetric mapping from riolit of w-ay to right of way showily the following visible features; rnajor roadways, streets, railroads, sidewalks, drive,,vay turnoffs to bade of sidewalk, utility poles, culvel°ts, catch basins, signs, manholes, fire: hydrants, posts, utility boxes, mail boxes, concrete slabs, trails, walls, towers, water bodies, transmission lines, billboards, swamps, brides and timbered areas. 1 URS will Ground truth mapping and supplement as required. 3. Photograrnmetric services include, flight and photography, aerial triangulations, planimetric mapping and digital files with fade of buildings. . Raster images will not be included in the survey work product. d. Right-of-Way Mapping and Determination 1. URS will determine the right-of-way line on both sides of each road within pI'olect area. 2. For on unpaved roads or those not shown on the CITY project map, URS will determine the both sides of the right-of-way. 3. UR.S will add the approximately right-of-way lines to planimetric mapping. 4. URS will show side: lot lines in the survey work product. c, Utility Depths L URS will obtain measure downs on accessible structures. 2. Measure down information will be added to planimetric mapping. f. Miscellaneous Items 1. Trees (4" 1113.11.) will be located to 5 feet outside right-of-way line, includin- showing all tree canopy limits. 11construction activities are anticipated to impact the root structure of a lame specimen tree more than 5 feet off of a right-of-way° litre, the canopy of said tree will be shown on the Change Order drawirlas. ltern # 16 Attachment number 1 Page 3 of 12 I The outline of areas of significant ornamental vecretation will be shoevn. Individual items will not be located. 3. Street addresses for the parcels to be seared will be incorporated into the survey files, 9. Reclaimed Water Main Routes 1. `T'itle information will be provided to _URS on any undeveloped right--of- way sections. 2. Jurisdictional wetlands' locations not included unless areas determined prior to the final scope. 3. Reclaimed water main routes will have topogi-aphy located in a 50-foot wide area. Task 2 - Geotechnical The pui-pose of the geotechnical services is to provide subsurface soil conditions and relevant ceotechnical engineering properties as well as to provide geotechnical recommendations to -tilde. project design and construction. Tile objective of the geotechnical study will be to obtain information concerning subsurface conditions at within the project area in order to obtain data to base engineering estimates and recornmendations in cacti of the following areas: 1. Suitaltihty of materials on-site for use as backfill, Recommendations for placement and compaction of approved fill materials. 2. General location and description of potentially deleterious materials discovered in the borings, which may interfere with construction progress including existing fills or urficial organics. Identification of groundwater levels and esturiation of Sc, I Hi<oh Groundwater Table (SIIGWT) levels. 3, URS will review readily available published soils and topographic inforrriation. This published information will be obtained from the appropriate Florida Quadrangle Map published by the United States Geolo,yical Survey (USES), and the Soil Surrey for Pinellas Couraty, ,.Item ,# :.16 Attachment number 1 Page 4 of 12 published by the united States Department of' Agriculture (USDA) Sail Conservation Service (SCS). 4. URS will execute as prograam of subsurface exploration consisting of' borinus, subsurface sampling and field-testing. We plan to perform as total of thirty eight (38) Standard Penetration Test (SPT) borings to a depth of 10 feet below existing grade spaced 500 feet along the Greenlea EastlWest. Interconnect alignment. In each SPT boring, samples will be collected and SPT resistances will be measured virtually continuously to the boring termination depth. 5. U RS will visually classify the s ; l in the laboratory rising the Unified Soil Classification System (I.JSC ). Mcntify soil conditions at each boring location and form an opinion of the site soil stratioraphy. b. URS will prepare a forn-ial engineering report in accordance with this proposal, which summarizes the course. of study pursued, the field data generated, subsurface conditions encountered and engineering recommendations in each of the pertinent topic areas. Task 3 - Subsurface Utility Engineering The location of potential utility conflicts is not known at this time. It is assun-ied that trp to thirty (30) utility conflicts will be encountered which will require field verification by subsurface utility evaluation. Task 4 .- Deveh)pincw E,f 60 and 90 Pc r®ccn, V iris 1. UPS will develop the 60 percent completion level plains. The plains for RCW pipelines located within the CITy''s rights-of--waxy will be plan view. In areas of potential conflict or where open cut installation is required, pipeline profile views will be shown on the plains. The plans for RCW pipelines located within Pinellas County ri-hts--of-wayr will include, both plan and profile views. The 60 percent plains will contain index., surtirey data sheet, geotechnic,al information. Also the 60 percent submittal will include a quantity tale off and opinion of probable Change Order cost. 4 . , .,, Attachment number 1 Page 5 of 12 The 60 percent submittal will be used as supporting information for Pinellas County and SwA'FWMD perm t applications. The 60 percent submittal wvill include draft permit ;application packages for the CITY's revicwv and con-rrrient. URS will submit six five (5) s.;ts of the. 60 percent plans and opinion of probable Chancre Order cast to tl., C] I Y for review and comment. I:?RS will convene a 60 percent revicwv yin with the CITY to receive review comments approximately two (2) ww c.eks after the submission of the 60 percent documents to the CITE'. URS will prepare and distribute minutes (comments and responses) of the 60 percent review mecting to the attendees. 1 L'RS will develop the 90 percent completion level plans based upon the comments and input received on the 60 percent submittal. The plans for RCW pipelines located within the CITY's rights-of-way will be plan view. In areas of potential conflict or where open cut installation is required, pipeline profile views will be shown on the plans. The flans for RCW pipelines located within Pinellas County rights-of-way will include both plan and profile views. The 90 percent platys will contain index, survey data sheet, geotechnical information. Also the 90 percent submittal will include a quantity take off and opinion of probable Change Order cost. L.IRS will submit five. (5) sets of the 90 percent plans and opinion of probable Change Order cost to the CITY for review and comment. URS will convene; a 90 percent review meeting with the CITY to receive review COMITIents approximately two (2) weeks after the submission of the 90 percent documents to the CITY. URS will prepare and distribute minutes (conarricnts and responses) of the 90 percent review tncetino to the attendees. 5 ' , ,11,.. .,,.,.. -1- Item ##?16 Attachment number 1 Page 6 of 12 II - FINAL I)E IG I'IIAS Frorn the review of the 90 percent plans and opinion of probable Change Carder cost, URS will develop the final plans and opinion of probable C:haange, Order cast. Fhe plans for RC"W pipelines located with .a the. C'ITY's rights-of`Nvaay will be plan viekv. In areas of potential conflict or vI 11,-? open cut installation is required, pipeline profile views will be shown on the plans. The plans for RCW pipelines located within Pinellas County rsights-ol-w ayf will include heath plan and profile views. The final plans will contain index, survey data sheet, gcotechniccal information. Also the final submittal will include a quantity tale off and opinion of probable Change Order cost. The final plans and technical specifications will be ready for the development of Chaange Carders by the CI T Y's RCW contractors. URS will submit two three (3) sets of the final plans and opinion of probable Change Order cost to the CITY for review and comment. LJRS will also submit the final plans in electronic form (AutoCAD for the final plains) and one signed and sealed. original set of flans. It is anticipated than the final plans will be used by the CITY to negYotiate a Change Order with one of the RCW contractors. III - PROTECT MANAGEMENT During the course of the project, URS will provide project r a -rratcnt to maintain scliedule, scope aind budget regtiirements. Also it is understood ;h;.at SWFWIti!D will require bimonthly project status reports during the design and construction of the project. URS will prepare the bimonthly project status reports for the CITY's use in coordinating; with SWFW%,,fD. Additionally 1JRS will maintain open lines of communication with the CITY and will meet with the CITY as required. It is assumed than there will be four (4) project meetings that are in addition to other meetings identified in Tasks I through IIL It is ;.assumed that those other meetings will have a project manac, ment and status a?ae;ndaa itern and will suffice for the purposes of the CITY with regard to the staitus of the project and issues at the time. 6 , -- .. Item # 16 Attachment number 1 Page 7 of 12 IV sm CONSTRUCTION iNlANA(;E,\IL",,'I' k3l"RVI 'ICI'; Cc: ,,,,,.u -.tion Mans, r: -,,,it URS will provide Construction Management (CM) Services for the 1j o„i,• UR will document and respond to the CITY and CONTRACTOR correspondence associated with the Greenlea East/West Interconnect RCW project. Dependinc, on the nature of the issue contained in the correspondence, SRS will either respond directly to the CONTRACTOR or coorclin : ? with the CITY to provide a response to the issue. Durin0 the course of the prc,j.•, 1, t'"RS will provide CM to maintain schedule, scope and budget recpuirernents. URS will visit the Greenlea East/West Interconnect RCW project site up to ten (Ifs) times (4 hours per visit for a total of 40 hours) as needed or as requested by the CITY. The intent of these project site visits will to provide the CONTRACTOR clarification and/or direction as needed to supplement the project RPR's construction observation. Task ? -- Resident Project Ret)rresentative On Site Services URS will provide a part time (20 hours per week) senior RPR for 5 months (up to 420 hours) during the construction of the Greenlea East/West Interconnect RCW project, The senior RPR will provide on-site observation services to confirm that the CONTRACTOR is constructing the projects in conformance to the Contract L)octrn-rents. The RPR will maintain a daily log documenting CONTRACTOR activities and pro<gress on the project. 3. PROJECT GOALS: The project goads are tO a... ,; r1 and construct new reclaimed water distribution systems for tare CITY to continue to cspand its reclaimed water customer base and to increase the amount of reclaimed rrsccl to offset potable water demand for nonpotable uses. Additionally the increased use of reclaimed water within the C'IT'Y will also help to reduce the arnot.int of treated effluent that is dis: h,.i ,,;, to Surrface waters for disposal. 7 ?.. ?.. Item ## 1,6 Attachment number 1 Page 8 of 12 4 5. BUDGET: The Time and Mat. rials fc.? estimate for this ! nr..ent is shown below and is also located on tta.r;7ir:CIA "1) 1_iis price includes al' ;,Thor and expenses anticipatcd to be incurred by URS Corporation Southern for the completion of these tasks, not to exceed Two Hundred Five Thousand Five Hundred and Twenty I)ullars ('$205,52(1.0(1}. This fee includes funds for pay for permit application fees to be reimbursed by the CITY.. Task I Design `118,110.00 Task II Final :l):,sicnn $30,856.00 Task III Pr(,:.,;. t Management $ 14,908.00 'cask IV Construction Management Services $ 36,641.00 Permit Review Fees $ 3,000.00 Other Direct Casts `l -=2'0()0m Total $205,520.00 SCIIl,;l)tJI,E: The design portion of the project is to be completed 180 days from issuance of notice-to- proceed. The schedule is based upon the assumption of the CITY reviews of the project work products will be comlaleted in two (2) weeks from the date of submission. The project deliverables are to be phased as follows. Wlc Change Order Documents Perntit Apps 90% Change Ceder Documents Final Change Order Documents No. of days after NTP 130 calendar days 110 ca!(,ncinr d;iys 180 calent1;Lr days 6.. STAFF ASSIGNMENT(Consultant)- Officer- in-Charge: Dana K. Tallman, P.E. Project iY1anaa er: Bozho Handjiev, P.E. Construction Manager: Craig Osmanski, P.E. Senior Designer: David Ellis C.^ DD Operator: Terry Sonnenberg f1,clnarn Assistant: Lisa Woodard 8 1 '1—- .. .,. _ ,.t YLeim # e1 Attachment number 1 Page 9 of 12 7. C01ZIt SPON1)1 N('i 1"+f111ryTNG PRO{ IA)l Ii'i` ; E GINTE 's project correspondence shall be directed to Bozho hand iev, P.l. All Cite project correspondence: shall be directed to Robert Mauc, P.I.-.. with copies to Robert Fahey, P.F. and others as may be appropriate. 8. INVOICING/FUNDING FROCI U ES: Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., Attn: Veron (-a Josef, Senior Staff Assistant, P. 0. Box 4748. Clearwater, Florida 33758-4748, for wor1...>cr-for(xrcd. Invoices will be prepared rr-ronthly according to the City's Engineer of Record contract procedures and requirements. Contingency services will be billed as incurred only after- written authorization provided by the City to proceed with those services, City.Invoicing Code: 6315-96739-561300-533-000-0000 9. ENGINEER CERTIFICATION: URS will certify as a licensed Professional Engineer, roistered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is orrr- responsibility as the project's Professional Engineer to perform a duality assurance review of these submitted plans to ensure that such plans are free from negligent errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 9 , .. ?.? - 4 Item #,,,,16 Attachment number 1 Page 10 of 12 10. SPECI ; r, CO SiDERATIO S: URS shall meet or assist the City with meeting all conditions of SWFWML Cooperative FLInding Agreement. YRU VARED BV: 1 ,' :t 1\-'. Llk San, ICE )ICI' PI ,Sidclit U RS Corporation Soltthern APPROVED BY: Michael D. Uillen, P City Engineer City of Clearwater Date _ ? e Witte Attachment number 1 Page 11 of 12 Clearwatel- C110I, CLh?R? A6I?R ENGINL.TIRING I)EPAlt l'1"•lEW WORK 0111)1--',t"..?Nl'rIATION.I'ORM Attachment "A" CITY 13E11M' 1011LES FORMAT The design plans shall he compiled utilizing the following methods. 1. City of Clearwater CAD standards. ?. Datum: Horizontal and Vertical datum shall he referenced to North American Vertical Datum of 1988 (vertical) and North American Daturn of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datenn will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division.. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" 20" unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation f °om Clearwater CAD standards are used the consultant shall include all necessary inforanation to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The dreaivin file shall include only authorized feasts, shapes, line types or other attributes contained in tile standard AutoDesk, Inc. release. All block references and references contained 144thill tile dreavs4n siile shall be included. Please address any questions rc ? l;n? format to mr, Tom Vfahony, at (72.7) 562-4762: or email address torn ira?thorl? C??>r?r lett??v?ttu? porn All electronic files (CAD and Specification files) must he delivered capon completion of project or with 10Md f plan submittal to City of Clearwater. 1 1 :,-. , 1, Item # 16 Attachment number 1 Page 12 of 12 M =1 I ? a ? -.: ... Li. U g 2t b Q W f?/.•(/?E?? M ? p D N Vim ., nni d ©n vii ? y r 6 G[ vY ? .ei Va a5 ° ire p,p? _ a Sj C O O [? R 4? Ck N m 4 v? V3 vi vx ? ? .y.. W r v w ° T a w , 6 1 p er P ?.., . ? :L a r m ? ? rm yr UH tR ?t e ? W3 vb N ? ? ? q C a v' -t b T ' _ J y a9 C k d Sk ? O ? itl ? cC ? (6 Op 9 "? ? ? vR? u? en an +n? En o ? a 0 to ? F '?' _ C] Q ? g s to ' e r- ? _ ? ? ? j ci i fLl ? "? e Item # 16 Q U) N N LLJ z o and S aMOsa H N y Q ,INndw s is OlaOV v o a _ z - 1n1HC w z w O J O . I? ?, Z . 1 I ' >JJ I1dS LLJ m Q Q . LL ''?112j b'VV Nb'Si J U - _ Q c/D a0c l1' 1 JJ `JlL --1I anb Sdanlsad N a0 NOJ-JS o Q N NJ JJHaO NOl J u - U) Jill J, Q w l? ..--,7'17 I I ? w O Oa JNJ Jai N NMONAN A f ajcl /U S a LLJ f) LLJ ` - = OaNOldll JJ w = o z ?L U) LL U) Sahli N, - Y (Q LL f) :3 :7 , Q z ?j. IIJ : _. Il I I m D m LLJ _ 7a A?:T! 1__I 1_ - Q z I i U) O LL ?O J I lJJ J: L Q 0 lab'JJ[JljdI J/ `JJIIl1 w s J,. i,.JJI III i Y- a ~ z JJJ a 0 ` w J JJ IJff JAVA: O LL z 0 a w ' J a JJ1 JI'1 ? a O W L a 0 AVN J?JIa J J 1 - T z - J J I u J J lflf ? - O aU JJ JINOI Jflfl'I ?,J,J J?.1 LL a J -1 1- -1' 1J 1 1 39 J J' Ola n I LLI 1. 1 N(1 I I - J J l J' J J' J s 1SdJ a a J` la6Vbd U) J I i J a Old O z Y w IL Q ° Q Jnb' DO OM U u I w = o Cl U) I z z z.. ` - o ? w Q ?N z z ? J o a0 vvlvvHld,Jl O m w N MONAN w O ' ' o z w Jnb ONb JHJIH N _ O (k] --1-L- 11 - i > c v _ z w > U) L a O w - 0 O m - L - - - JJ Jlr IJ` JIa o d - J ,, I,J Q a n Oa aNldVV - J J, J J ,3 - NI VJVSaJV,? AVAAHJIH SJNI i w - '1' PI ? LL - I - T-'1JJJ`,JJ J I .? - LL Z Q L - L 0] - L Oa N JJJOa o O - 0 z z _ - - O a r a L - U) z Q 1I '11JJ N ' 1MONNN(I w C-) U) ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 5-foot Reclaimed Water Main and Utilities Easement over, under and across the East 5 feet of Lot 12, Renaissance Oaks, as conveyed by Larry and Mary McDonald in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: In May 2008, Public Utilities initiated design for the Chautauqua/Coachman Ridge Reclaimed Water Project that is expanding reclaimed water transmission and distribution infrastructure to the Chautauqua and Coachman Ridge neighborhoods in northeast Clearwater. The project is constructing 25,000 linear feet of reclaimed water transmission and distribution piping that will provide service to up to 800 single-family residential units plus 13 large nonresidential parcels. Project construction commenced in July 2009 and now approximately 90% complete. Following final project approval, the residents of Renaissance Oaks, a planned 43 lot single-family subdivision, petitioned the City to extend reclaimed service into the developing subdivision. Engineering analysis determined the most practical extension into the subdivision would be a directionally drilled 4-inch line from D. D. Davis Park into the community along and beneath the common lot line of subdivision lots 11 and 12. It was determined the proposed extension of service into Renaissance Oaks could be accomplished within already budgeted project costs if the neighboring homeowners each granted abutting 5-foot perpetual easements along their common lot line to permit installation and maintenance of the service line. The abutting property owners of Lot 11, addressed at 3018 Patrick Drive, previously granted the City the required easement over the west 5 feet of their property, which was accepted by Council on July 15th. The subject easement, fully perfected when Bank of America granted its consent and joinder on July 12th, establishes the full 10-foot authority required by the City to accommodate installation and future maintenance and replacement of the reclaimed water line. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 6 Attachment number 1 Page 2 of 6 Item # 17 Attachment number 1 Page 3 of 6 ONSENT & JOINDER 1 I r lr r-i 1 IJ 1 holder ?1 in th 11 ? Fi I f ein as In, , l 1 1 F?f ?1. , J -,.- n _. E"I??s1 ? 'I ? I?1., !'',' '_I -fF1 I - I?-f I !`= 3 ?1I°t I 1F1_ _i- 1 ? 1 r }I? III I, )es h reb ,1.11 ? F1 ` i"s right ftl a ?l F;] claim if") the i e__? , ?,?it , J?,, F AMERI L, by II_'II-i;- with otlfl?I r?Fl if ? , Prll'F It ? 1 LI . @ _ STATE F COUNTY,.: ''q _ _- - - PI IFi fl '"kE The ?1?) I ? ,I n- nt was cl -iE% I !,t"l I rnr: ?f an ill F ! - 'f - - - f. - t d. ,.? provIIdl` ?eriLr a i i1. [I'll" C {?f--it'` 14 r'i I ? l j1? r - f ?LG RE 1 Item # 17 '.... ?j I Attachment number 1 Page 4 of 6 d t7! r ? is Attachment number 1 Page 5 of 6 UTAT Item # 17 Attachment number 1 Page 6 of 6 7y 1. -s s 4 ?a Item # 17 Attachment number 2 Page 1 Of 1 ?..,..... N. Z .................... .. . ... .. ......,,.. Q yam -? OAK COVE DR ?._.. ........ W ? Q V u ,.,. D + a w..o,??..,.....? .,....?.,....... ....... MARLO BLVD µ.. 11,..,, ?w o n J l Y II I . i? v I 11 ?z o 11 m ?a .. PIN OAK DR l+I V PATRICK PL WEATHE!RST I C). C g g 1 EASEMENT PREVIOUSLY ACCEPTED RENAISSANCE DR µ ,.... - ................ L, s. Z Z y W ' W Cn LL O Clearwater McDonald Reclaimed Water Legend ::Clearwater Service Area ParcelBoundary N and Utility Easement Bldg Footprint Waterbodies " W E Prepared by: Engineering Department Geographic Technology Division Outside CLWTR City limits Ite m # 17s 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: EB Date: 6/24/2010 Grid #: 245A S-T-R: XX-XXs-XXe Scale: N.T.S. ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to Volt Telecom of Clearwater, Florida, for the Morningside Reclaimed Water System (05-0022-UT) construction contract in the amount of $234,165.96, and approve a work order to URS Corporation in the amount of $256,155 for additional Construction Engineering and Inspection (CEI) services for various reclaimed water expansion efforts, and the appropriate officials be authorized to execute same. (consent) SUMMARY: This item is a continuation of the development of a reclaimed water transmission and distribution system in the City of Clearwater. The original Morningside Reclaimed Water System contract was approved by Council on June 18, 2009 for $1,557,039.28. This change order will increase the contract by $234,165.96 for a total of $1,791,205.24. The additional work covers installation of new reclaimed water lines to serve more irrigation needs in and near the Morningside reclaimed water service area. A cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Morningside Reclaimed Water Project (L254) approved by the City of Clearwater in May of 2005 and amended in January of 2009 provided funding for design, permitting and construction of reclaimed water piping in the Morningside area of Clearwater. A federal grant valued at $600,000 is tied to the SWFWMD cooperative funding agreement, which covers project costs up to $4,000,000. As part of the agreement, SWFWMD will reimburse up to 50% of $3,400,000 ($4,000,000, less $600,000) involving all costs associated with this project. This change order adds areas that were requested by the residents to be served. It also makes best use of the SWFWMD cooperative funding agreement allowing the City to obtain 50% reimbursement for the design and construction costs for the added lines under the existing agreement. This opportunity for the City is in part due to very favorable construction pricing. Customers including Oak Groves Estates, Imperial Cove Apartments, and Willadell Drive are anticipated to connect to the RCW system after completion of the construction associated with the changer order. The contract duration will be extended by 137 calendar days to allow the added work to be constructed. Construction of the additional areas is expected to start in September of 2010 and be complete by the end of January 2011. URS Corporation, an Engineer-of-Record for the City of Clearwater, is currently providing professional design services and CEI for the City of Clearwater and the fee associated with the work order was negotiated under conditions of the Consultant's Competitive Negotiations Act. The work order covers professional services for additional CEI throughout the City including the Morningside, Skycrest, Coachman Ridge and Chautauqua Reclaimed Water Service areas. Design is already underway for these additional areas, with construction change orders forthcoming for Skycrest and Coachman Chautauqua that will be brought to Council along with modifications to the existing cooperative funding agreements for those Reclaimed Water Service Areas. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the reclaimed water system. Sufficient budget and revenue are available in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution system in the amount of $490,320.96. A Third quarter amendment will increase the budget for Other Governmental Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System for SWFWMD's share of this contract in the amount of $245,160.48. Cover Memo Type: Capital expenditure Item # 18 Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary section Current Year Cost: 490,320.96 Not to Exceed: 490,320.96 For Fiscal Year: 2009 to 2010 Appropriation Code 0315-96739-561300-533-000- 0000 0315-96739-561300-533-000- 0000 0315-96739-561300-533-000- 0000 0315-96739-561300-533-000- 0000 Annual Operating Cost: Total Cost: 490,320.96 Amount Appropriation Comment 234,165.96 See summary section 97,888.00 See summary section 42,302.00 See summary section 115,965.00 See summary section Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 2 CHANGE ORDER # 1 PROJECT: Morningside Reclaimed Water CONTRACTOR: Volt Information Sciences, Inc 12700 56th Street North Clearwater, Florida 33760 Date: July 23, 2010 PROJECT NUMBER: 05-0022-UT PO REFERENCE NO.: ST 105536 COUNCIL AWARD: June 18, 2009 DATE OF CONTRACT: Julv 7, 2009 CODE: 0315-96739-563800-533-000-0000 A CODE: 0315-96739-563800-533-000-0000 B CODE: 0376-96739-563800-533-000-0000 C SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT This change order is to decrease unused items and increase items for additional reclaimed water main work. This change order also adds new items and additional contract time (137 calendar days) required for additional reclaimed water main work. See attached sheet for detail. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT 51,557,039.28 CO # 1 - CC - 08/18/10 5234,165.96 NEW CONTRACT AMOUNT 51,791,205.24 Frank Hibbard, Mayor-Council Member ATTEST: Cynthia E. Goudeau, Date CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA City Clerk William B. Horne, II City Manager APPROVED AS TO FORM: Leslie Dougall-Sides, Assistant City Attorney Volt Information Sciences, Inc. By: (SEAL) John R. Blakely Date: Witnesses: Recommended By: City of Clearwater Kelly J. O'Brien, Project Manager Michael D. Quillen, P.E. City Engineer Item # 18 Attachment number 1 Page 2 of 2 Page 2 of 2 Change Order # 1 Re: Morningside Reclaimed Water (05-0022-UT) ITEM DESCRIPTION Code A:0315-96739-563800-533-000-0000 QUANTITY UNIT UNIT COST TOTAL COST A20 Programming Services Allowance 1 LS $13,000.00 Total Code A: Increases A2 Traffic Control 1 LS $500.00 $500.00 A3 Erosion Control 1 LS $500.00 $500.00 A5 Root Pruning 300 LF $7.58 $2,274.00 A6 10" HDPE PIPE (HDD) 275 LF $35.20 $9,680.00 A9 8" C-900 PVC Pipe (OC) 650 LF $26.50 $17,225.00 A10 8" C-900 PVC Pipe (HDD) 50 LF $25.30 $1,265.00 A12 8" Compact Ductile Iron Fittings 6 EA $105.00 $630.00 A13 8" Gate Valve and Box 4 EA $1,285.00 $5,140.00 A14 Combination Air Relief Valve 1 EA $2,105.00 $2,105.00 Assembly B2 Traffic Control 1 LS $500.00 $500.00 B3 Erosion Control 1 LS $500.00 $500.00 B5 Root Pruning 290 LF $7.50 $2,175.00 B7 4" C-900 PVC Pipe (OC) 200 LF $22.50 $4,500.00 B8 4" C-900 PVC Pipe (HDD) 2750 LF $15.23 $41,882.50 B11 4" Compact Ductile Iron Fittings 60 EA $55.00 $3,300.00 B12 4" Gate Valve and Box 8 EA $855.00 $6,840.00 B13 Permanent Blowoff Assembly 2 EA $1,259.00 $2,518.00 B14 2" Long Side Service 14 EA $800.00 $11,200.00 B15 2" Short Side Service 6 EA $710.00 $4,260.00 B16 1" Long Side Service 33 EA $625.00 $20,625.00 B17 1" Short Side Service 35 EA $425.00 $14,875.00 B28 Owner's Contingency 1 LS $18,275.75 $18,275.75 Total In creases Code A: $170,770.25 Additions A22 Building Permit - Town of Belleair 1 EA $943.12 $943.12 A23 Uncovering work & Hydrostatic 1 EA $5,870.59 $5,870.59 pressure test 8" RCW main B29 6" C-900 PVC (OC) 150 LF $28.50 $4,275.00 B30 6" C-900 PVC (HDD) 1320 LF $26.50 $34,980.00 B31 8" x 6" Tapping Tee and Valve 3 EA $3,500.00 $10,500.00 B32 8" x 4" Tapping Tee and Valve 1 EA $2,800.00 $2,800.00 B33 6" Compact Ductile Iron Fittings 17 EA $85.00 $1,445.00 B34 Survey 1 LS $13,332.00 $13,332.00 B35 Pre-construction Video 1 LS $2,250.00 $2,250.00 Total A dditons Code A: $76,395.71 Total Net, /Increases/Additions Code A: $234,165.96 Item # 18 Attachment number 2 Page 1 of 9 DRAFT URS CORPORATION SOUTHERN WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: July 26, 2010 City Project Number: 07-0053-UT, 05-0022-UT & 10-0040-UT Proj ect Number: 1. PROJECT TITLE: Additional Chautauqua/Coachman Reclaimed Water Project Construction Management and Resident Project Representative Services (L810), Morningside Reclaimed Water Construction Management and Resident Project Representative Services (L254) and Additional Reclaimed Water Service Areas for Skycrest RCW Construction Management and Resident Project Representative Services (L695) 2. SCOPE OF SERVICES: The project provides for additional Construction Management and Resident Project Representative (RPR) Services for the Chautauqua/Coachman Ridge, the Morningside and Skycrest reclaimed water (RCW) distribution systems. This work order is based upon the understanding that approximately sixteen (16) additional weeks of Construction Management and RPR services for the Chautauqua/Coachman Ridge RCW project. This work order is based upon the understanding that approximately ten (10) additional weeks of Construction Management and RPR services for the Morningside RCW project. This work order is based upon the understanding that approximately twenty (22) additional weeks of Construction Management and RPR services for the Skycrest RCW project. 1 --- om,oo m., o .. P F o -1 ? a 4 oaz g a?,m le a 18 Attachment number 2 Page 2 of 9 DRAFT This work order provides for: Construction Management, progress meetings, processing applications for payment, the review of construction schedules, processing of field orders, work directive changes and Change Orders, and RPR On-site observation services. CONSTRUCTION MANAGEMENT SERVICES Task 1- Construction Management URS Corporation Southern (URS) will provide Construction Management (CM) Services for the project. URS will document and respond to the CITY and CONTRACTOR correspondence associated with the project. Depending on the nature of the issue contained in the correspondence, URS will either respond directly to the CONTRACTOR or coordinate with the CITY to provide a response to the issue. During the course of the project, URS will provide CM to maintain schedule, scope and budget requirements. URS will prepare the bimonthly project status reports for the CITY's use in coordinating with SWFWMD. URS will visit the Chautauqua/Coachman Ridge RCW project site up to ten (10) times. URS will visit the Morningside RCW project site up to five (5) times. URS will visit the Skycrest RCW project site up to twelve (12) times. The intent of these project site visits will to provide the CONTRACTOR clarification and/or direction as needed to supplement the project -PR's construction observation. Task 2 - Monthly Progress Meetings URS will schedule, convene, administer and document up to four (4) construction progress meetings for the Chautauqua/Coachman Ridge RCW project. URS will schedule, convene, administer and document up to two (2) construction progress meetings for the Morningside RCW project. URS will schedule, convene, administer and document up to five (5) construction progress meetings for the Skycrest RCW project. 2 - F---10..0- -.. P F1o-oo,=66„o, 418 Attachment number 2 Page 3 of 9 DRAFT URS will prepare an agenda for each progress meeting. URS will prepare the meeting minutes and distribute the minutes to all attendees and/or interested parties within fourteen (14) calendar days. Task 3 - Process Applications for Payment The CONTRACTOR will submit applications for payment to URS. URS will review up to four (4) applications for payment for the Chautauqua/Coachman Ridge RCW project. URS will review up to two (2) applications for payment for the Morningside RCW prod ect. URS will review up to five (5) applications for payment for the Skycrest RCW project. URS will verify that the contractor is up to date on the red line as-built drawings prior to approval of each application for payment for Chautauqua/Coachman Ridge, Morningside and Skycrest RCW projects. The review of the applications for payment includes the schedule of values associated with each application for payment. Upon URS's initial approval, URS will forward the application for payment to the CITY for payment. If URS disapproves an application for payment, said application will be returned to the CONTRACTOR for revision and resubmittal. Task 4 - Review Construction Schedules URS will review up to four (4) progress schedules as submitted by the CONTRACTOR for the Chautauqua/Coachman Ridge RCW project. URS will review up to two (2) progress schedules as submitted by the CONTRACTOR for the Morningside RCW project. URS will review up to five (5) progress schedules as submitted by the CONTRACTOR for the Skycrest RCW project. 3 - F---10..0- -.. P F10-a =66„? 418 Attachment number 2 Page 4 of 9 DRAFT The review will consist of the confirmation of the CONTRACTOR's monthly progress of the work. URS will identify project elements/tasks that are ahead of schedule, on schedule, and/or behind schedule. Based upon the identified progress of the individual project tasks, URS will alert the CONTRACTOR to issues associated with the project's critical path. If any point during the progress of the work URS is of the opinion that Contract Work will not be completed on time, the CONTRACTOR will be advised in writing with facts supporting URS' S opinion. The CITY and government/funding agencies will be sent copies of this correspondence. Task 5 - Process Field Orders, Work Directive Changes and Change Orders URS will review and/or process field orders, work directive change authorizations, and change orders. URS will review/process up to four (4) field orders and up to four (4) work directive change authorizations and prepare up to two (2) change orders for the Chautauqua/Coachman Ridge RCW project. URS will review/process up to two (2) field orders and up to two (2) work directive change authorizations and prepare up to one (1) change orders for the Morningside RCW proj ect. URS will review/process up to five (5) field orders and up to five (5) work directive change authorizations and prepare up to two (2) change orders for the Skycrest RCW proj ect. URS will coordinate with the CONTRACTOR and CITY regarding changes to the Work. URS will negotiate with the CONTRACTOR regarding changes to Contract Time and/or the Contract Cost associated with each change order. If URS, the CONTRACTOR and CITY cannot agree on the lump sum or unit price change order value, then the change order will be based upon agreed to time and materials limits and values. 4 F?o?aoo¢66„? o,o 41 8 Attachment number 2 Page 5 of 9 DRAFT Task 6 - Resident Project Representative On-Site Services URS will provide a full time (40 hours per week) senior RPR for 16 weeks (640 hours) during the construction of the Chautauqua/Coachman Ridge RCW project. URS will provide a full time (40 hours per week) staff RPR for 8 weeks (320 hours) during the construction of the Morningside RCW project. URS will provide a part time (20 hours per week) senior RPR for 22 weeks (440 hours) and a part time (20 hours per week) staff RPR for 22 weeks (440 hours) during the construction of the Skycrest RCW project. The senior RPR and the staff RPR will provide on-site observation services to confirm that the CONTRACTOR is constructing the projects in conformance to the Contract Documents. The RPRs will maintain a daily log documenting CONTRACTOR activities and progress on the project. The RPRs may also attend month progress meetings as required. 3. PROJECT GOALS: The project goals are to construct new reclaimed water distribution systems for the CITY to continue to expand its reclaimed water customer base and to increase the amount of reclaimed water used to offset potable water demand for non potable uses. Additionally the increased use of reclaimed water within the CITY will also help to reduce the amount of treated effluent that is discharge to surface waters for disposal. 5 - F---10..0- -.. P F10-a =66„? a 18 Attachment number 2 Page 6 of 9 DRAFT 4. BUDGET: Chautauqua/Coachman Ridge RCW See Attachment "B-1" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, on a Time and Materials Basis not-to-exceed Ninety Seven Thousand Eight Hundred and Eighty Eight Dollars ($97,888). Task 1 - Construction Management $ 23,923 Task 2 - Monthly Progress Meetings $ 3,718 Task 3 - Process Application for Payments $ 2,509 Task 4 - Review Construction Schedules $ 2,509 Task 5 - Process Field Orders, Work Directive Changes & Change Orders $ 2,509 Task 6 - RPR On-Site Services $ 62,720 Subtotal $ 97,888 Morningside RCW See Attachment "B-2" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, on a Time and Materials Basis not-to-exceed One Forty Two Thousand Three Hundred and Two Dollars ($42,302). Task 1 - Construction Management $ 11,654 Task 2 - Monthly Progress Meetings $ 1,708 Task 3 - Process Application for Payments $ 1,882 Task 4 - Review Construction Schedules $ 1,881 Task 5 - Process Field Orders, Work Directive Changes & Change Orders $ 1,881 Task 6 - RPR On-Site Services $ 23,296 Subtotal $ 42,302 6 41 8 Attachment number 2 Page 7 of 9 DRAFT Skycrest RCW See Attachment "B-3" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, on a Time and Materials Basis not-to-exceed One Hundred Fifteen Thousand Nine Hundred and Sixty Five Dollars ($115,965). Task 1 - Construction Management $ 27,059 Task 2 - Monthly Progress Meetings $ 4,346 Task 3 - Process Application for Payments $ 3,136 Task 4 - Review Construction Schedules $ 3,136 Task 5 - Process Field Orders, Work Directive Changes & Change Orders $ 3,136 Task 6 - RPR On-Site Services $ 75.152 Subtotal $115,965 Total Work Order: $2569155 5. SCHEDULE: The additional construction of the Chautauqua/Coachman Ridge RCW project is to be completed sixteen (16) weeks from issuance of Notice-To-Proceed. The construction of the Morningside RCW project is to be completed eight (8) weeks from issuance of Notice-To-Proceed. The construction of the Skycrest RCW project is to be completed twenty-two (22) weeks from issuance of Notice-To-Proceed 6. STAFF ASSIGNMENT : Officer-in-Charge: Dana Tallman, P.E. Construction Manager: Craig Osmanski, P.E. Senior Construction Engineer: David Hall Construction Engineer: CADD Designer: Administrative Assistant: TBD David Ellis Lisa Lanier 7 F..w.Ma om?o?m« . P F o?aoo,=66„ o,o ?? 41 8 Attachment number 2 Page 8 of 9 DRAFT 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Craig Osmanski, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, P.E. for the Chautauqua/Coachman Ridge RCW project; Kelly O'Brien for the Morningside RCW project; and Robert Maue, P.E. for the Skycrest RCW project with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Deb Lutz, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to the CITY'S Engineer of Record contract procedures and requirements. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. Invoices will CW City Invoicing Code: City Invoicing Code: City Invoicing Code:- --, 8 F..w.Ma om?o?m« . P F o?aoo,=66„ o,o ?? 41 8 Attachment number 2 Page 9 of 9 DRAFT 9. ENGINEER CERTIFICATION: URS will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the facilities have been completed to the point where the facilities are functionally complete. URS will further certify that construction on these facilities has proceeded substantially in accordance with the permit and the approved engineering report and engineering materials, or that deviations noted will not prevent the system from functioning in compliance with all applicable statutes of the State of Florida. PREPARED BY: Dana K. Tallman, PE Vice President URS Corporation Southern APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date 9 F?o?aoo¢66„? o,o 41 8 0 Q J J. w w 0 i 1 0 w w S Q w w 0 w wr w J - N -CY) i ~ O -0 aNfON HIOOS N3-ilnWOW 0 Q O z O w o > z D J (A 00 ( VOH HlnOs w w DU) , w CL LU 0 w CD Z R D p C/) ?w w =w? Z? W Li Q 64 AMH 'S'n = U 3: Q> zQ Ow ?J LLJ U U) u ? 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E IL ram SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 8/18/2010 Approve Second Amendment to the Interlocal Agreement between Pinellas County and its NPDES Co-Permitees for the design, implementation, operation and maintenance of the ambient water quality-monitoring program at an annual cost to the City of $36,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: This interlocal agreement for control of stormwater discharges is a condition of an NPDES (National Pollution Discharge Elimination System) Permit for stormwater discharges from Pinellas County that was originated in 1994, and renewed in 2000, 2006 and 2008. The agreement recognizes that each party is independently and separately responsible for discharges from their stormwater system, and shall share the actual annual cost of the water quality-monitoring program as required by all permit conditions, and extends the agreement expiration date to September 12, 2013. City of Clearwater's share for Fiscal Year 2011 is approximately $36,000. Stormwater Management has budgeted $36,000 for the Fiscal Year 2011 annual share of the water quality-monitoring program in operating FD 0419-01365-530300. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure No Budget Adjustment: Annual Operating Cost: Total Cost: to No 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 # 19 Attachment number 1 Page 1 of 7 PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES PERMIT FLS000005 CO-PERMITTEES FOR THE IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM AGREEMENT PREPARED BY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WATERSHED MANAGEMENT DIVISION JUNE 2010 Item # 19 Attachment number 1 Page 2 of 7 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM This SECOND AMENDMENT TO THE AGREEMENT, is entered into on the day of 2010, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the Cities of Pinellas County, including the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island, all of which are municipal corporations of the State of Florida and co- permittees to Pinellas County in its National Pollutant Elimination System (NPDES) permit, hereinafter collectively referred to as CO-PERMITTEES. WITNESSETH, That: WHEREAS, the COUNTY and CO-PERMITTEES entered into an agreement dated April 17, 2003 providing for the design and implementation of a water quality monitoring program to be consistent with, and in support of, the requirements of NPDES permit #FLS000005. WHEREAS, the COUNTY and CO-PERMITTEES modified this agreement with an amendment dated February 20, 2009 to clarify the operation of the program, update the acreages and cost share allocation, clarify the Termination Clause and extend the Agreement Term. WHEREAS, except as hereby modified, amended or changed, all of the terms and conditions of said original Agreement dated April 17, 2003, as modified by the Amendment dated February 20, 2009, will remain in full force and effect. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree to amend the original Agreement, dated April 17, 2003 as modified by the Amendment dated February 20, 2009, as follows: Rego 4 068 Attachment number 1 Page 3 of 7 SECTION 3. GENERAL RESPONSIBILITIES is amended as follows: 2. Monitoring Program Implementation, Operation and Maintenance C. The COUNTY will continue to operate and maintain the sampling program outlined in Exhibit "A" of the original agreement using COUNTY staff and equipment. The COUNTY and CO- PERMITTEES may be issued a new NPDES permit prior to the expiration of the Agreement and the COUNTY and CO-PERMITTEES shall abide by the requirements of this new permit. The program will consist of: ¦ managing staff ¦ maintaining equipment and instruments in working order ¦ ordering supplies and calibration standards ¦ performing necessary field quality assurance protocols in accordance with Florida Department of Environmental Protection (FDEP) guidelines ¦ collection of samples ¦ coordinating sample delivery to a National Environmental Laboratory Accreditation Conference (NELAC) certified analytical laboratory ¦ reviewing and managing analytical data results ¦ entering data into the state database as required by FDEP ¦ reporting of data results to FDEP in accordance with NPDES permit requirements ¦ include a reference to each CO-PERMITTEE listed in this agreement as a contributor to a countywide monitoring program in monitoring results submitted to FDEP as required by NPDES permit FL000005; and ¦ reporting of raw data results to the FDOT and the CO-PERMTTEES every calendar year SECTION 4, COST ALLOCATION is amended as follows: 2. Monitoring Program Implementation, Operation and Maintenance A. The CO-PERMITTEES and the COUNTY shall share the actual annual cost of the water quality monitoring program. The COUNTY and CO-PERMITTEES may be issued a new NPDES permit prior to the expiration of the Agreement. The COUNTY and CO-PERMITTEES shall abide by the requirements of this new permit and share costs as outlined in this section. Costs shall be paid by each CO-PERMITTEE and the COUNTY on a pro-rata basis based upon jurisdictional acreage figures provided by the Pinellas County Planning Department. Acreage figures for the COUNTY and each CO-PERMITTEE are set forth in Exhibit "B." The acreage figures presented in Exhibit "B" are the most recent acreage figures available at the time this Amendment is being executed and shall remain in effect for the duration of this agreement term. Rego # 068 Attachment number 1 Page 4 of 7 SECTION 6, NOTICES is replaced by the following: All written notices to THE CO-PERMITTEES and the COUNTY under this agreement shall be directed to the following addresses: Pinellas County: Belleair: Kelli Hammer Levy Robin Zimmerman Pinellas County Dept. of Environmental Management Superintendent 300 S. Garden Avenue 901 Ponce De Leon Blvd. Clearwater, FL 33756 Belleair, FL 33756-1096 Belleair Bluffs: City of Belleair Beach: Mr. Robert David Peter Cavalli, MPA City of Belleair Bluffs Director of Community Services and Information 2747 Sunset Blvd. Technology Belleair Bluffs, FL 33770 City of Belleair Beach 444 Causeway Boulevard, Belleair Beach, Florida 33786 Clearwater: Dunedin: Mr. Brett Gardner Mr. Keith Fogarty Public Works Administration Director of Maintenance City of Clearwater City of Dunedin P.O. Box 4748 750 Milwaukee Avenue Clearwater, FL 33758-4748 Dunedin, FL 34698 Gulport: Indian Rocks Beach: Mr. Don Sopak Mr. Dean Scharmen City of Gulfport Public Services Director 2401-53"d St. South City of Indian Rocks Beach Gulfport, FL 33707 1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785-2899 Largo: Kenneth City: Mr. Troy Tinch Mr. John Dutton Stormwater Program Coordinator Director of Public Works City of Largo Town of Kenneth City P.O. Box 296 6000 54th Ave. N. Largo, FL 33779-0296 Kenneth City, FL 33709-1800 N. Redington Beach: Madeira Beach: Ms. Mari Campbell Mr. Michael Maxemow Town Clerk Public Works Director Town of N. Redington Beach City of Madeira Beach 190173 rd Avenue 300 Municipal Drive North Redington Beach, FL 33708-1397 Madeira Beach, FL 33708-1996 Pinellas Park: Oldsmar: Mr. Randal A. Roberts Ms. Lisa Rhea Streets & Drainage Division City of Oldsmar City of Pinellas Park 351 Lafayette Blvd. 6051 78th Ave. N. Oldsmar, FL 34677-3756 Pinellas Park, FL 33781 Rego* 0 68 Attachment number 1 Page 5 of 7 Town of Redington Shores: Ms. Mary Palmer Town Clerk Town of Redington Shores 17425 Gulf Blvd. Redington Shores, FL 33708-1299 Seminole. Mr. Jeremy Hockenbury Public Works Director City of Seminole 9199 113Th St. N. Seminole, FL 33772 St. Pete Beach: Mr. Steve Hallock City of St. Pete Beach 155 Corey Avenue St. Pete Beach, FL 33706-1839 Treasure Island: Mr. James Newton Water Pollution Control Supervisor City of Treasure Island 120 108th Ave. Treasure Island, FL 33706 Redington Beach: Mr. Mark Davis Public Works Director Town of Redington Beach 105-164th Ave. Redington Beach, FL 33708-1519 Safety Harbor: Ms. Debbie Drees City of Safety Harbor 750 Main Street Safety Harbor, FL 34695 South Pasadena: Mr. Gary Anderson Public Works Director 7047 Sunset Dr. S. South Pasadena, FL 33707-2895 Tarpon Springs: Mr. Raymond Page City of Tarpon Springs 323 E. Pine Street Tarpon Springs, FL 34688 SECTION 10, AGREEMENT TERM is replaced by the following: This Agreement shall take effect as provided in section 13 and shall remain in effect until September 30`", 2012, unless renewed in writing by mutual agreement of all parties hereto for an additional length of time. Rego # 068 Attachment number 1 Page 6 of 7 IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. PINELLAS COUNTY, by and through its County Administrator: By: Robert S. LaSala County Administrator Witness: APPROVED AS TO FORM: By: Office of County Attorney Rego 0 068 Attachment number 1 Page 7 of 7 EXHIBIT B MONITORING FEES BREAKDOWN BASED ON ACREAGE Net Acreage as Net Acreage figures provided by Pinellas County Planning Dept. (April 2010) 1 Pinellas County of April 1. 2010 61,210.09 % Acreage 48.63% 2 Town of Belleair 1,149.06 0.91% 3 City of Belleair Beach 250.07 0.20% 4 City of Belleair Bluffs 224.41 0.18% 5 City of Clearwater 13,956.36 11.09% 6 City of Dunedin 8,854.68 7.04% 7 City of Gulfport 1,609.56 1.28% 8 City of Indian Rocks Beach 399.83 0.32% 9 Town of Kenneth City 371.16 0.29% 10 City of Largo 9,827.07 7.81% 11 City of Madeira Beach 444.68 0.35% 12 Town of North Redington Beach 127.70 0.10% 13 City of Oldsmar 5,097.67 4.05% 14 City of Pinellas Park 8,757.21 6.96% 15 Town of Redington Beach 155.92 0.12% 16 Town of Redington Shores 158.09 0.13% 17 City of Safety Harbor 2,735.46 2.17% 18 City of St. Pete Beach 1,088.09 0.86% 19 City of Seminole 2,936.07 2.33% 20 City of South Pasadena 569.73 0.45% 21 City of Tarpon Springs 5,183.26 4.12% 22 City of Treasure Island 754.82 0.60% TOTALS 125,860.99 100.00% Rego A 068 Attachment number 2 Page 1 of 21 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF BELLEAIR Attest: Town Clerk Approved as to form and content by: Town Attorney Town of Belleair, Florida By: Micah Maxwell, Town Manager flew# (19 Attachment number 2 Page 2 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF BELLEAIR BEACH Attest: City Clerk Approved as to form: City Attorney Town of Belleair Beach, Florida By: flew# (19 Attachment number 2 Page 3 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF BELLEAIR BLUFFS Attest: City Clerk Approved as to form and content by: City Attorney City of Belleair Bluffs, Florida By: flew# (19 Attachment number 2 Page 4 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF CLEARWATER Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank Hibbard Mayor-Commissioner Approved as to form: Leslie Dougall-Sides Assistant City Attorney William B. Horne,II City Manager Attest: Cynthia E. Goudeau City Clerk Rew# (19 Attachment number 2 Page 5 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF DUNEDIN Attest: City Clerk Approved as to form and content by: City Attorney City of Dunedin, Florida By: flew# (19 Attachment number 2 Page 6 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF GULFPORT Approved as to form: CITY OF GULFPORT, FLORIDA By: James O'Reilly, City Manager Attest: Andrew Salzman, Interim City Attorney Lesley DeMuth, City Clerk flew# (19 Attachment number 2 Page 7 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF INDIAN ROCKS BEACH Attest: Charles S. Coward, City Manager Approved as to form and content by: Maura J. Kiefer, City Attorney City of Indian Rocks Beach, Florida By: R.B. Johnson, Mayor flew# (19 Attachment number 2 Page 8 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF KENNETH CITY Attest: Town Clerk Approved as to form and content by: Town Attorney Town of Kenneth City, Florida By: flew# (19 Attachment number 2 Page 9 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF LARGO City of Largo, Florida By: Mayor Attest: City Clerk Approved as to form: City Attorney flew# (19 Attachment number 2 Page 10 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF MADEIRA BEACH Attest: Denise Schlegel, City Clerk Approved as to form and content by: Michael A. Connolly, City Attorney City of Madeira Beach, Florida By: W.D. Higginbotham Jr., City Manager flew# (19 Attachment number 2 Page 11 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF NORTH REDINGTON BEACH Attest: By: Title: Town of North Redington Beach, Florida By: Title: Approved as to form: Office of City Attorney By: flew# (19 Attachment number 2 Page 12 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF OLDSMAR Attest: City Clerk Approved as to form and content by: City Attorney City of Oldsmar, Florida By: flew# (19 Attachment number 2 Page 13 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF PINELLAS PARK City of Pinellas Park, Florida By: Mayor Attest: City Clerk Approved as to form: City Attorney flew# (19 Attachment number 2 Page 14 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF REDINGTON BEACH Attest: Town Clerk Approved as to form and content by: Town Attorney Town of Redington Beach, Florida By: flew# (19 Attachment number 2 Page 15 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF REDINGTON SHORES Attest: Town Clerk Approved as to form and content by: Town Attorney Town of Redington Shores, Florida By: Rew# (19 Attachment number 2 Page 16 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SAFETY HARBOR City of Safety Harbor, Florida By: City Mayor By: City Manager Attest: City Clerk flew# (19 Attachment number 2 Page 17 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF ST PETE BEACH Attest: City Clerk Approved as to form and content by: City Attorney City of St Pete Beach, Florida By: flew# (19 Attachment number 2 Page 18 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SEMINOLE Attest: City Clerk Approved as to form and content by: John M. Elias P.A., City Attorney City of Seminole, Florida By: Frank Edmunds, City Manager flew# (19 Attachment number 2 Page 19 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SOUTH PASADENA City of South Pasadena, Florida By: Kathleen Peters, Mayor Approved as to form: Mary Braisted, City Clerk Linda M. Hallas, City Attorney flew# (19 Attachment number 2 Page 20 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF TARPON SPRINGS Attest: City Clerk Approved as to form and content by: City Attorney City of Tarpon Springs, Florida By: flew# (19 Attachment number 2 Page 21 of 21 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF TREASURE ISLAND By: Robert Minning, Mayor, City of Treasure Island, Florida Attest: Dawn Foss, City Clerk City Seal: Approved as to form: Maura Kiefer, City Attorney flew# (19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 8/18/2010 Ratify and Confirm Change Order 3 to APAC, Southeast, Inc., of Lutz, Fl for the East Avenue Trail Connector - Turner Street to Drew Street (09-0023-EN) in the amount of $38,463.30, for debris removal on East Avenue from Pierce Street to Turner Street and restoration of Franklin Street Crossing. (consent) SUMMARY: September 3, 2009, City Council awarded a construction contract to APAC for the East Avenue Trail Connector - Turner Street to Drew Street (09-0023-EN) in the amount of $289,029.25. March 11, 2010, City Manager approved Change Order 1 for concrete curbing in the amount of $420 for a new contract value of $289,449.25. May 20, 2010, City Council approved Emergency Change Order 2 for the restoration of the railroad crossings at Drew Street, Laura Street, Park Street, Pierce Street and East Ave from Park Street to Laura Street in the amount of $85,481.44 for a total contract amount of $374,930.69. Change Order 3 in the amount of $38,463.30 is for debris removal on East Avenue from Pierce Street to Turner Street and restoration of Franklin Street Crossing for a revised contract in the amount of $413,393.99. This work was necessitated by the fact there was little warning from CSX Transportation that they were going to replace all the railroad ties from St. Petersburg to Tampa along this line. This notice did not provide adequate time to budget for this expense. All railroads crossing restoration is up to the local government jurisdiction, dependent upon whether they deem the crossings necessary to the public benefit. A third quarter amendment will transfer $38,463.30 of Road Millage from Capital Improvement Program (CIP) project 0315- 92273, Streets and Sidewalks to CIP 0315-92343, East Ave Trail to fund the Change Order. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Commen ts: See Summary Current Year Cost: $38,463.30 Annual Operating Cost: Not to Exceed: $38,463.30 Total Cost: $38,463.30 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 0315-92343-563700-541-000- $38,463.30 See summary 0000 Cover Memo Item # 20 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 2 RATIFY & CONFIRM CHANGE ORDER #3 PROJECT: East Avenue Trail Connector - Turner St. to Drew St. CONTRACTOR: APAC, Southeast, Inc. 4636 Scarborough Drive Lutz, FL 33559 DATE: July 30, 2010 PROJECT NUMBER: 09-0023-EN PO REFERENCE NO.: ST 105759 COUNCIL AWARDED: September 3, 2009 DATE OF CONTRACT: September 4, 2009 CODE: 315-92343-563700-541-000-0000(A) CODE: 315-92273-563700-541-000-0000 (B) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Restore Franklin Street and remove associated debris created by CSX rail road tie replacement from Pierce St to Turner St. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $289,029.25 CHANGE ORDER #1 (CM Approved 3/11/10) $420.00 CHANGE ORDER #2 (CC Approved 5/20/10) $85,481.44 CHANGE ORDER #3 (CC 8/18/10) $38,463.30 NEW CONTRACT AMOUNT $413,393.99 Frank Hibbard, Mayor Camilo Soto, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA APAC, Southeast, Inc. BY: (SEAL) Gregory Baier, Vice President Date: Witnesses: Recommended By: City of Clearwater William B. Horne, II City Manager Michael D. Quillen, P.E. City Engineer Item # 20 Attachment number 1 Page 2 of 2 Page 2 of 2 Ratify & Confirm Change Order #3 Additions Code A: 0315-92343-563700-541-000-0000 Item Description 35 Restore Franklin Street Crossing 36 Remove Debris From Pierce Street to Turner Street t' Units Unit Price 62.62 TN $ 215.00 1 LS $ 25,000.00 Total Additions Code B: Contract Price $13,463.30 $25,000.00 $38,463.30 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date: 8/18/2010 SUBJECT / RECOMMENDATION: Confirm the City Manager's appointment of Rosemarie Call, as City Clerk, to be effective August 30, 2010. SUMMARY: Section 3.04 of the City Charter states: "The city manager shall appoint a city clerk, which appointment must be confirmed by council prior to becoming effective." Cyndie Goudeau, City Clerk since August of 1985, is retiring. Rosemarie Call has been a member of the City Clerk's staff since October 2002. Rosemarie is well versed in the responsibilities of the City Clerk and other functions of the Official Records and Legislative Services Department. She has a Master's Degree in Public Administration and has been awarded the Certified Municipal Clerk designation by the International Institute of Municipal Clerks. She is working toward the Master Municipal Clerk designation. Review Approval: 1) Human Resources 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 21 ?- Meeting Date: 8/18/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 6.29, Code of Ordinances, to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments and pass Ordinance 8213-10 on first reading. SUMMARY: The Pinellas County Board of County Commissioners recently amended Sec. 6-29 of the Pinellas County Code of Ordinances to change the closing hours from 2:00 a.m. to 3:00 a.m. for business establishments, licensed or unlicensed, dealing in alcoholic beverages throughout Pinellas County, unless a municipality establishes shorter opening hours. In the interest of the public health, safety, and welfare, the Clearwater City Council wants to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8213-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE OPENING AND CLOSING HOURS FOR BUSINESS ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES; AMENDING SECTION 6.29, CLEARWATER CODE OF ORDINANCES, TO ADOPT SHORTER HOURS DURING WHICH ALCOHOLIC BEVERAGE ESTABLISHMENTS CAN REMAIN OPEN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pinellas County Board of County Commissioners recently amended Sec. 6-29 of the Pinellas County Code of Ordinances to change the closing hours from 2:00 a.m. to 3:00 a.m. for business establishments, licensed or unlicensed, dealing in alcoholic beverages throughout Pinellas County, unless a municipality establishes shorter opening hours; and WHEREAS, in the interest of the public health, safety, and welfare, the Clearwater City Council wants to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments; now therefore BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.29, Code of Ordinances, is amended to read as follows: Sec. 6.29. Closing hours. (1) All business establishments, licensed or unlicensed, dealing in alcoholic beverages, public or private, either directly or indirectly, shall remain closed from the hours of 2:00 a.m. to 8:00 a.m. on each day of the week except Sunday. (2) All such business establishments shall remain closed on each Sunday from the hours of 2:00 a.m. to 11:00 a.m. (3) Exceptions: (a) Vendors licensed under F.S. §§ 563.02(1)(a), 564.02(1)(a) and 565.02(1)(a) shall not dispense beer, wine, or liquor between the hours of 12:01 a.m. and 11:00 a.m. on Sunday and between the hours of 12:01 a.m. and 8:00 a.m. on each other day of the week. (b) All business establishments coming under this section that are engaged in a business primarily other than dealing with alcoholic beverages but that maintain a separate department or section within such establishment for the sale of alcoholic beverages shall close only that department or section in conformance with this section. Ordinance No. Ethffi 4CP2 Attachment number 1 Page 2 of 2 eRinn and nlncinn heirs fn-.r all alnnhnlin bevera m?'s an e n The G p p i g `"?? . ' ' > 79 anr! L ,nn4S G 2_Q of 4hn DinP-11LaTj Cni in4y Cnrln of (lrrlinannno nc?M.nc S thprptA Te 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-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.l8Ms-#(22 City Council Agenda Council Chambers - City Hall Meeting Date: 8/18/2010 SUBJECT / RECOMMENDATION: Authorize an increase in funding to outside counsel firm Bricklemyer, Smolker and Bolves in the amount of $200,000 for representation of this case through trial. SUMMARY: In 2005, residents of the Pierce 100 condominium sued the City claiming the Memorial Causeway Bridge deprived them of their riparian and access rights, and sought a claim for inverse condemnation as well as damages. The City Attorney assigned the representation of this case to Jeffrey Hinds of Bricklemyer Smolker and Bolves, who specializes in such matters, and authorized funding of $100,000 at that time. It is likely that this case will go to trial in the next fiscal year. It has been estimated that the additional cost of representation through trial will require an additional $200,000, due to the likelihood of extensive discovery requirements. The additional funding in the amount of $200,000 is available in the Professional Services budget of the City Attorney's Office. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: 200,000 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000 200,000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Other Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 23 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 8/18/2010 Review Approval: 1) Clerk Cover Memo Item # 24 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 8/18/2010 Review Approval: 1) Clerk Cover Memo Item # 25