10/05/2010
- City Council Agenda
Location: Council Chambers - City Hall
Date: 10/5/2010- 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 National Arts and Humanities Proclamation
Attachments
4.2 Public Natural Gas Week Proclamation
Attachments
5. Approval of Minutes
5.1 Approve the minutes of the September 22, 2010 City Council Meeting as submitted in written summation
by the City Clerk.
B Attnchmentc
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 amended Development Agreement between the City of Clearwater and LOM, Inc. for the Surf
Style Condominium Parking Garage project, extending the start and completion dates by six months and
adopt Resolution 10-26.
Attnchmentc
7.2 Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG),
Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL)
Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage
Feature Categories for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section
16, Township 29 South, Range 16 East), amend the Future Land Use Plan Map and pass Ordinance 8197-
10 on second reading, authorize the execution of Notification of Local Government Action on Pinellas
Planning Council's Alternative Recommendation for Countywide Future Land Use Amendment and adopt
Resolution 10-24. (LUZ2010-06002)
Attachments
8. Quasi-judicial Public Hearings
-Staff states and summarizes reasons for recommendation (2 minutes)
- Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes)
- Staff presents further evidence. May be cross-examined (10 minutes)
- Public comment (3 minutes per speaker or 10 minutes maximum as
spokesperson for others that have waived their time)
- Applicant may call witnesses in rebuttal (5 minutes)
- Conclusion by applicant (3 minutes)
- Decision
8.1 Approve the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low
Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I),
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), amend the Zoning
Atlas and pass Ordinance 8198-10 second reading. (LUZ2010-06002)
2 Attachments
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8206-10 on second reading, annexing certain real property whose post office address is
1401 Lemon Street, together with the abutting right-of-way of Lemon Street and Sunny Park Road, into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
B Attachments
9.2 Adopt Ordinance 8207-10 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 1401 Lemon Street, together with the abutting right-of-way of Lemon Street and Sunny Park
Road, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
9.3 Adopt Ordinance 8208-10 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1401 Lemon Street, together with the abutting right-of-way of
Lemon Street and Sunny Park Road, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Attachments
9.4 Adopt Ordinance 8211-10 on second reading, making text amendments to various sections of the
Community Development Code, Amending Article 2, Article 3, Article 7 and Article 8.
Attachments
9.5 Adopt Ordinance 8214-10 on second reading, amending Chapter 22, Parks, Beaches, Recreation; Section
22.24, to include reference to Appendix A, Schedule of Rates, Fees and Charges; correcting a scrivener's
error in Chapter 22 Subsection numbering; amending Appendix A to define permanent residence for the
purposes of application of fees.
Attachments
9.6 Adopt Ordinance 8218-10 on second reading, amending the Operating Budget of the Fiscal Year ending
September 30, 2010 to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid
Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Downtown Boat Slips Fund,
Parking Fund, Harborview Fund, Administrative Services Fund, General Services Fund, Garage Fund,
and Central Insurance Fund.
Attachments
9.7 Adopt Ordinance 8219-10 on second reading, amending the Capital Improvement Budget for the Fiscal
Year ending September 30, 2010 to reflect a net increase of $3,363,951.
Attachments
9.8 Adopt Ordinance 8221-10 on second reading, conditionally vacating a right-of-way easement portion
described as the East 10 feet of the West 20 feet of Lots 4 through 7 inclusive and the East 10 feet of the
West 20 feet of the North 20.7 feet of Lot 8, all in F.A. Kennedy's Fair Lane Addition.
Attachments
City Manager Reports
10. Other Items on City Manager Reports
10.1 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future
tax-exempt financing and adopt Resolution 10-22.
Attachments
10.2 Award a purchase order to CALE Parking System USA, Inc., Tampa, FL, in the amount of $243,600, for
twenty-four (24) Multi-Space Pay and Display parking meter units, to replace the existing units in the Pier
60 and South Gulfview lots, install new units in the Rockaway lot and authorize the appropriate officials
to execute same.
Attachments
10.3 Approve contract with Northeast II, Inc., DBA TC Delivers of Tampa, FL, in the amount of $470,000 for
utility bill printing and mailing and for mail processing services and postage for the City of Clearwater
from November 1, 2010 through October 31, 2011 and authorize the appropriate officials to execute same.
Attachments
10.4 Accept funding totaling $207,660 from Coordinated Child Care and approve the corresponding agreement
for youth and teen programs and authorize the appropriate officials to execute same.
Attachments
10.5 Award a contract to Khors Construction of Thonotosassa, Florida, Bid 10-0042-PR, for the sum of
$536,127.52 (including alternates 16 and 17 and 10% contingency) and approve a change order deduction
in the amount of $24,369.44 for a net contract amount of $511,758.08 for the renovations of the beach
lifeguard building located south of Pier 60 on Clearwater Beach; approve funds of $116,285 be
transferred from un-appropriated retained earnings of the Parking Fund to CIP 315-93411 at first quarter
and authorize the appropriate officials to execute same.
Attachments
10.6 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $260,000; Ingram Library
Services, Atlanta, GA - $185,000 for the purchase of library books and other materials for the contract
period October 1, 2010 through September 30, 2011 and authorize appropriate officials to execute same.
Attachments
10.7 Appoint to the unexpired terms currently vacant on the Brownfields Advisory Board: Joseph DeCicco in
the Agency or Government Representative category, to complete term until May 31, 2012 and Barbara
Green in the Resident category, to complete term until May 31, 2011.
Attachments
10.8 Appoint Patricia Power to the Environmental Advisory Board to fill the unexpired term currently vacant
until September 30, 2012 and reappoint D. Michael Flanery, as he wishes to be reappointed and there are
no other qualified nominees, with term to expire September 30, 2014.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Attachments
12. Other Council Action
12.1 Homeless Strategies - Councilmember Gibson
Attachments
13. Closing Comments by Mayor
14. Adjourn
Prayer for the Clearwater City Council Meeting of October 5, 2010
by Rev. John R. Thompson, PhD, DD, Associate Pastor of
Countryside Christian Center, 1850 McMullen Booth Road,
Clearwater, Florida
Our Father in Heaven, We pray for all those citizens of our city, our state,
and our nation, that we may learn to appreciate more, the godly heritage that
is ours, Help us to learn, in these challenging days, that to every right there
is attached a duty and to every privilege there is attached and obligation.
Help us to stop waiting for the other person to change, but to be open. to the
change that You want in us. Teach us what true freedom is. Help us to learn
the lesson that it is not the right to do as we please, but that You are pleased
when we do what is right.
Above all, help us to discover that wherever the Spirit of the Lord is, there is
freedom. Do not allow Your enemies to not blot You out of our nation, that
we may remain a free and healthy United States of America.
In the name of Your Son, Amen
y
Q9' ,Q ?P
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
National Arts and Humanities Proclamation
SUMMARY:
Meeting Date: 10/5/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Public Natural Gas Week Proclamation
SUMMARY:
Meeting Date: 10/5/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/5/20 10
SUBJECT / RECOMMENDATION:
Approve the minutes of the September 22, 2010 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amended Development Agreement between the City of Clearwater and LOM, Inc. for the Surf Style Condominium
Parking Garage project, extending the start and completion dates by six months and adopt Resolution 10-26.
SUMMARY:
A Development Agreement between the City and LOM, Inc. was approved on February 18, 2010 and recorded in the Official
Records of Pinellas County on February 22, 2010.
The Plans and Specifications for the project have been approved by the City, the break wall has been completed, FEMA has
approved the Flood Zone change and all appeal periods that would allow for a challenge of the Flood Zone change have expired.
LOM is negotiating the final construction contract with the proposed general contractor, and has spent over $1 million on the
project to date.
LOM is requesting an extension of the construction start date due to economic impact of the Gulf Oil spill on their retail stores
along the Gulf Coast. LOM has submitted a claim to BP that is being processed. The time and effort required to deal with the oil
spill has caused a delay in the commencement of the project. Branch Banking and Trust Company, the construction lender funding
the project, has orally committed to extend the commencement date to February 28, 2011.
The current commencement date required by the Development Agreement is September 30, 2010, and the current Completion Date
is no later than 24 months following the Commencement Date. We are recommending extending the Commencement Date until
February 28, 2011 and the Completion Date until February 28, 2013.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 3
FIRST AMENDMENT TO AGREEMENT
FOR DEVELOPMENT OF PROPERTY
(SURF STYLE CONDOMINIUM PROJECT)
THIS FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT OF
PROPERTY (SURF STYLE CONDOMINIUM PROJECT) (this "First Amendment"),
executed as of the day of October, 2010, is by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), and L.O.M., INC.,
a Florida corporation ("Developer").
RECITALS:
A. City and Developer are parties to that certain Agreement for Development of
Property (Surf Style Condominium Project) dated as of February 18, 2010 (the "Development
Agreement").
B. City and Developer wish to amend the Development Agreement as set forth
herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Recitals, Definitions. The foregoing Recitals are true and correct and are hereby
incorporated by reference. All capitalized terms not defined herein shall have the meanings
given such terms in the Development Agreement.
2. Commencement Date. The outside date for the Commencement Date under the
Development Agreement is hereby extended for a period of approximately five (5) months from
September 30, 2010 to February 28, 2011. Accordingly, the Commencement Date under the
Development Agreement means the date on which Developer commences or causes a contractor
to commence construction (see Section 5.03(4)), which date shall occur on or before February
28, 2011. All references to the Commencement Date and commencement of construction under
the Development Agreement shall be modified to refer to the Commencement Date as defined in
this First Amendment.
3. Obligations of the Developer. Section 5.03(4) of the Development Agreement is
hereby modified to replace "September 30, 2010" with "February 28, 201 V.
4. Counterparts; E-Mail Delivery. This First Amendment may be (a) executed in
any number of counterparts, each of which shall be deemed an original, but a complete set of
which shall constitute one and the same document and (b) executed and delivered via e-mail in
PDF format, and a PDF copy shall for all purposes be deemed an original.
5. Non-Conflicting Terms. This First Amendment shall be part of and take
precedence over any provisions to the contrary contained in the Development Agreement. All
terms of the Development Agreement that are not in conflict with the terms hereof shall remain
in full force and effect.
1
Item # 4
Attachment number 1
Page 2 of 3
6. Binding Effect. This First Amendment shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this First Amendment as of
the date set forth above.
Countersigned:
CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation
By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
[ADDITIONAL SIGNATURES FOLLOW ON NEXT PAGE]
2
Item # 4
Attachment number 1
Page 3 of 3
STATE OF FLORIDA
COUNTY OF PINELLAS
L.O.M., INC., a Florida corporation
By:_
Name:
Title:
The foregoing instrument was acknowledged before me this day of
, as
Florida corporation, on behalf of the corporation.
By:
Signature of Notary Public
, 2010 by
of L.O.M., INC, a
My Commission Expires:
Printed, typed or stamp
Item # 4
Attachment number 2
Page 1 of 1
RESOLUTION NO. 10-26
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND L.O.M., INC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City and L.O.M., Inc., entered into a development agreement
dated February 18, 2010 and recorded on February 22, 2010; and
WHEREAS, the City of Clearwater is desirous of amending the development
agreement with L.O.M., Inc.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Amendment to the Development Agreement between the City of
Clearwater and L.O.M., Inc., a copy of which is attached as Exhibit "A," is hereby
approved.
Section 2. The required Commencement Date for the project is hereby amended
from September 30, 2010 to February 28, 2011.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2010.
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
Resolution 10-26
Item # 4
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation
(P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories for property located at 3400 Gulf-to-Bay Boulevard
(consisting of a portion of Section 16, Township 29 South, Range 16 East), amend the Future Land Use Plan Map and pass
Ordinance 8197-10 on second reading, authorize the execution of Notification of Local Government Action on Pinellas Planning
Council's Alternative Recommendation for Countywide Future Land Use Amendment and adopt Resolution 10-24. (LUZ2010-
06002)
SUMMARY:
The subject site is comprised of four parcels of land 131.05 acres in area. The applicant is requesting to amend the Future Land
Use Plan Map designation for the parcels from Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage
Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/
Open Space (R/OS), and Water/Drainage Feature in order to expand the existing college and to make certain land use designations
consistent with the actual characteristics of the area.
This future land use plan amendment was passed on first reading by City Council on August 5, 2010. In accordance with the
Countywide Plan Rules, as well as Chapter 163, Florida Statutes, the amendment was transmitted to both the Pinellas Planning
Council and the Board of County Commissioners acting as the Countywide Planning Authority, as well as the Florida Department
of Community Affairs for review and approval.
In their review and analysis of the original future land use map amendment application and development agreement, Pinellas
Planning Council (PPC) staff recommended that portions of the amendment be denied, concluding that portions of the amendment
were inconsistent with the Countywide Plan Rules. On September 7, 2010, the Planners Advisory Committee voted to recommend
approval of the amendment as submitted by the City by a vote of 6 to 4, counter to the PPC staff recommendation. On September
9, 2010, City Planning and Development Department staff and representatives of the applicant, Clearwater Christian College, met
with PPC staff to discuss an alternative compromise recommendation proposed by PPC staff. After deliberations with Clearwater
Christian College, the Planning and Development Department agreed to bring the compromise back to City Council for
action. PPC staff brought forward this alternative compromise recommendation to the Pinellas Planning Council at their hearing on
September 15, 2010, where the PPC recommended approval of the alternative recommendation.
The proposed alternative compromise recommendation reduces the scope of the amendment request from that which Council
passed at first reading. Specifically, the alternative compromise recommendation reduces the area requested to be designated
Institutional (I) within the area located north of the existing developed Clearwater Christian College site, and also proposes that
lands currently designated Institutional (I) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to the total site (131.05 acres):
Amending Institutional (I) to Preservation (P) for the jurisdictional wetland area and portion of the isolated upland area located
north of the existing developed Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (I) for the area adjacent to the existing soccer field (reduced);
Amending Preservation (P), Residential Low (RL), Recreation/Open Space (R/OS) and Water/Drainage Feature Categories to
Institutional (I) for the wetlands and isolated uplands located west of the existing developed Clearwater Christian College site
(unchanged);
Cover Memo
Amending Water/Drainage Feature to Preservation (P) and Preservation (P) to Water/Drainage Feature, as approprj6% 1?r& area
east of the existing developed Clearwater Christian College site (unchanged);
Amending Residential Low (RL) to Recreation/Open Space (R/OS) along Bayshore Boulevard (unchanged); and
Amending Residential Low (RL) and Institutional (I) to Preservation (P) for the remaining isolated areas of Residential Low (RL)
and Institutional (I) (unchanged).
The limits set forth in the previously approved Development Agreement (DVA2010-06002) are as follows:
Limit residential density to 750 dormitory beds (unchanged); and
Limit the nonresidential intensity to 170,000 square feet of classrooms and administrative facilities (unchanged) with a revised
FAR 0.169.
The alternative compromise recommendation requires amendments to the Development Agreement, including the master plan,
which will be brought forward for consideration at the time of third reading for the future land use plan amendment.
The State of Florida Department of Community Affairs, Department of Environmental Protection, Department of Transportation,
Department of State, and Florida Fish and Wildlife Conservation Commission had no objections to the plan as originally submitted
for review.
The Planning and Development Department has determined that the proposed land use plan amendment is consistent with the
following standards specified in the Community Development Code:
The proposed land use plan amendment is 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.
The proposed amendment will not adversely impact the use of properties in the immediate area.
The Community Development Board will review the proposed amendment at their meeting on October 19, 2010 and make a
recommendation to the Council. The Planning and Development Department will report the recommendation at the October 21,
2010 City Council meeting.
Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 6
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LOCATION MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-11 0-01 00
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature
Atlas Page:
292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 LOCATION.docx Item # 5
Attachment number 1
Page 2 of 6
AERIAL MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
PIN: 16-29-16-00000-140-0100
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 AERIAL.doc Item # 5
Attachment number 1
Page 3 of 6
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CURRENT FUTURE LAND USE MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 FLU BEFORE.docx Item # 5
Attachment number 1
Page 4 of 6
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Owners: Clearwater Christian College Case: LUZ20 1 0-0600 2
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning
From : 1, CG, P, R/QS, RL, & I, C, P, LDR, & PIN:
Water/Drainage Feature CAS/R
To: 1, P, R/QS, & 1, P, & CAS/R
Water/Drainage Feature Atlas Page:
16-29-16-000000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
292B
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Colle eNapsMIC Alternative }Recommcndation Maps\L UZ2010-06002 FLU AF`1`ER.doc Item # 5
Attachment number 1
Page 5 of 6
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Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE BEFORE.docx Item # 5
Attachment number 1
Page 6 of 6
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PROPOSED ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE AFTER.doc Item # 5
Attachment number 2
Page 1 of 2
ORDINANCE NO. 8197-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GULF-TO-BAY
BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH
BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A
131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400
GULF-TO-BAY BOULEVARD, FROM INSTITUTIONAL (1),
COMMERCIAL GENERAL (CG), PRESERVATION (P),
WATER/DRAINAGE FEATURE, RECREATION/OPEN SPACE
(R/OS), AND RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1),
PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), AND
WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE
DATE [AMENDED MAPS].
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Category
See "Exhibit A" Attached From: Institutional (1), Commercial General
(CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS),
And Residential Low (RL)
To: Institutional (1), Preservation (P),
Recreation/Open Space (R/OS),
and Water/Drainage Feature
(LUZ2010-06002 )
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
Item # 5
Ordinance No. 8197-10
Attachment number 2
Page 2 of 2
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 5
Ordinance No. 8197-10
Attachment number 3
Page 1 of 1
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PROPOSED FUTURE LAND USE MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size (Acres)
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
From : I, CG, P, R/OS, I, C, P, & OS/R PIN:
16-29-16-00000-130-0200
RL & Water/Drainage Feature 16-29-16-00000-110-0100
To: I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU AFTER.doex Item # 5
Attachment number 4
Page 1 of 2
RESOLUTION NO. 10-24
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN ALTERNATIVE COMPROMISE
RECOMMENDATION BETWEEN THE CITY OF
CLEARWATER AND THE PINELLAS PLANNING COUNCIL
TO CHANGE THE LAND USE DESIGNATION FOR
CERTAIN REAL PROPERTY LOCATED ON THE NORTH
SIDE OF GULF-TO-BAY BOULEVARD APPROXIMATELY
900 FEET EAST OF SOUTH BAYSHORE BOULEVARD,
CONSISTING OF A PORTION OF A 131.05 ACRE SITE,
WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY
BOULEVARD, AND AUTHORIZING EXECUTION OF
NOTIFICATION OF LOCAL GOVERNMENT ACTION FOR
PINELLAS PLANNING COUNCIL'S ALTERNATIVE
RECOMMENDATION FOR COUNTYWIDE FUTURE LAND
USE AMENDMENT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Christian Private School, Inc. ("Applicant") requested
of the City of Clearwater ("City") an amendment to the Clearwater Comprehensive Plan
Future Land Use Map to allow expansion of certain property owned by the Applicant;
and
WHEREAS, the Pinellas Planning Council took action on the City of Clearwater
Case CW 10-18 on September 15, 2010, for property owned by Clearwater Christian
Private School, Inc., a Florida non-profit corporation; and
WHEREAS, the Pinellas Planning Council approved an Alternative Compromise
Recommendation, pursuant to Section 5.2.1 of the Countywide Rules; and
WHEREAS, it is desirable to accept changes occasioned by the Alternative
Compromise Recommendation approved by the Pinellas Planning Council in Case CW
10-18 on September 15, 2010; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Alternative Compromise Agreement between the Pinellas
Planning Council and the City of Clearwater is hereby approved.
Section 2. The Notification of Local Government Action on Pinellas Planning
Council's Alternative Recommendation for Countywide Future Land Use Amendment, a
copy of which is attached as Exhibit "A," is hereby executed.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution NterYO42?6
Attachment number 4
Page 2 of 2
PASSED AND ADOPTED this day of , 2010.
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
City Attorney
Attest:
Rosemarie Call
City Clerk
2 Resol dtiem W5
Attachment number 5
Page 1 of 1
NOTIFICATION OF LOCAL GOVERNMENT ACTION ON
PIN LLA PLANNING COUNCIL'
ALTERNATIVE RECOMNILNDATION FOR
COUNTYWIDE FUTURE LAND USE PLAN AMEND ILNT
On September 15, 2010, the Pinellas Planning Council took action on Case No. C W 10-18: City
of Clearwater
The Council, pursuant to Sec. 5.2.1 of the Rr11es, approved an "Alternative Compromise
Recommendation", as set form in the accompanying agenda memorandLinl identified as the
"Alternative Recommendation items 1, 11, and 11, and identified on the accompanying reaps.
The City of Clearwater hereby officially acknowledges that it has:
Accepted; or
Rejected'
the Council's Alternative Compromise Recemwendation on Case No. CW 10-15: City of
Clearwater
This official acknowledgement by the City of Clearwater is pursuant to the following action of the
Clearwater City Council, a copy of which is attached hereto.
Type of Action:.
Date:
Signed:
Title:
Date:
Item # 5
Exhibit A
Original Request Approved at First Reading
by City Council
August 5, 2010
From To Net Change
Institutional I 19.84 26.55 6.71
Preservation (P) 82.32 82.14 0.18
Recreation/Open
Space R/OS) 1.05 1.29 .24
Commercial
General CG 1.05 0 (1.05)
Water/Drainage
Feature 22.87 21.12 (1.75)
Residential Low
(R4 3.41 0 (3.41)
PPC Alternative Recommendation, approved by PPC
September 15, 2010
From To Net Change
Institutional (1) 19.84 23.07 3.23
Preservation P 82.32 85.63 3.31
Recreation/Open
Space (R/OS 1.05 1.29 .24
Commercial General
(CG 1.05 0 (1.05)
Water/Drainage
Feature 22.87 21.12 (1.75)
Residential Low (RL 3.41 0 3.41
#5401360
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential
(LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), 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), amend the Zoning Atlas and pass Ordinance 8198-10 second reading. (LUZ2010-06002)
SUMMARY:
The subject site is comprised of four parcels of land 131.05 acres in area. The applicant is requesting to amend the Zoning Atlas
from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R)
Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts in order to expand the existing
college and to make certain zoning designations consistent with the actual characteristics of the area.
This rezoning was passed on first reading by City Council on August 5, 2010. The corresponding proposed future land use map
amendment has been modified based on an alternative compromise approved by the Pinellas Planning Council, reducing the scope
of the amendment. The boundaries of the rezoning have been adjusted, consistent with the scope of the alternative compromise.
The proposed alternative compromise recommendation reduces the scope of the rezoning request from that which Council passed
at first reading. Specifically, the alternative compromise recommendation reduces the area requested to be designated Institutional
(I) within the area located north of the existing developed Clearwater Christian College site, and also proposes that lands currently
designated Institutional (I) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to the total site (131.05 acres):
Amending Institutional (I) to Preservation (P) for the jurisdictional wetland area and portion of the isolated upland area located
north of the existing developed Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (I) for the area adjacent to the existing soccer field (reduced);
Amending Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Categories to Institutional (I) for
the wetlands and isolated uplands located west of the existing developed Clearwater Christian College site (unchanged);
Amending Low Density Residential (LDR) to Open Space/Recreation (OS/R) along Bayshore Boulevard (unchanged); and
Amending Low Density Residential (LDR) and Institutional (I) to Preservation (P) for the remaining isolated areas of Low Density
Residential (LDR) and Institutional (I) (unchanged).
The Planning and Development Department has determined that the proposed rezoning application is consistent with the following
standards specified in the Community Development Code:
The proposed rezoning application is consistent with the Comprehensive Plan.
The proposed use is compatible with surrounding uses and is consistent with the character of the immediate surrounding area
The proposed amendment will not adversely affect the use of other property in the area.
Cover Memo
The proposed amendment will not degrade public services below acceptable levels. Item # 6
The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing
improvements and the natural environment, based on the proposed mitigation plan.
The Community Development Board will review the proposed amendments at their meeting on October 19, 2010 and make a
recommendation to the Council. The Planning and Development Department will report the recommendation at the October 21,
2010 City Council meeting.
Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 6
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LOCATION MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-11 0-01 00
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature
Atlas Page:
292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 LOCATION.docx Item # 6
Attachment number 1
Page 2 of 6
AERIAL MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
PIN: 16-29-16-00000-140-0100
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 AERIAL.doc Item # 6
Attachment number 1
Page 3 of 6
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CURRENT FUTURE LAND USE MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 FLU BEFORE.docx Item # 6
Attachment number 1
Page 4 of 6
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PROPOSED FUTURE LAND USE
Owners: Clearwater Christian College Case: LUZ20 1 0-0600 2
Site: 3400 Gulf-to-Bay Boulevard Property 131.05
Size(Acres):
Land Use Zoning
From : 1, CG, P, R/QS, RL, & I, C, P, LDR, & PIN:
Water/Drainage Feature CAS/R
To: 1, P, R/QS, & 1, P, & CAS/R
Water/Drainage Feature Atlas Page:
16-29-16-000000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
292B
SVlanning Department\C D I3\Land Use Amendments\LUZ 2010\1,Q7L2010-06002 •3400 Gulf to Fla} Blvd - Clearwater Christian
Colle eNapsMIC Alternative }Recommcndation Maps\L UZ2010-06002 FLU AF`1`ER.doc Item # 6
Attachment number 1
Page 5 of 6
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CURRENT ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE BEFORE.docx Item # 6
Attachment number 1
Page 6 of 6
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PROPOSED ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE AFTER.doc Item # 6
Attachment number 2
Page 1 of 2
ORDINANCE NO. 8198-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST
OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A
PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE
ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM
INSTITUTIONAL (1), COMMERCIAL (C), PRESERVATION (P),
LOW DENSITY RESIDENTIAL (LDR), AND OPEN
SPACE/RECREATION (OS/R), TO INSTITUTIONAL (1),
PRESERVATION (P), AND OPEN SPACE/RECREATION (OS/R);
PROVIDING AN EFFECTIVE DATE [AMENDED MAPS].
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoning District
See "Exhibit A" Attached From: Institutional (1), Commercial
(C), Preservation (P), Low Density
Residential (LDR), and
Open Space/Recreation (OS/R)
(LUZ2010-06002)
To: Institutional (1), Preservation
(P), and Open Space/Recreation
(OS/R)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8197-10 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
Item # 6
Ordinance No.8198 -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:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 6
Ordinance No.8198 -10
Attachment number 3
Page 1 of 1
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PROPOSED ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning 16-29-16-00000-120-0100
16-29-16-00000-140-0100
PIN:
From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200
Water/Drainage Feature OS/R 16-29-16-00000-110-0100
To: I, P, R/OS, & I, P, & OS/R
Water/Drainage Feature Atlas Page: 292B
S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd -Clearwater Christian
CollegeAMaps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE AFTER.doc Item # 6
g K, 1 e P,
Resume
Lauren Matzke, AICP
100 South Myrtle Avenue
Clearwater, FL 33756
727-5624547
lauren_matzkena mvclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III
• Planner II
City of Clearwater
October 2008 to present
September 2008 to October 2008
Responsible for numerous aspects of the Growth Management Act of Florida such as
comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations.
Update Community Development Codes by Ordinance. Prepare staff reports for the City
Council and Community Development Board. Responsible for providing informational
assistance to the public and developers concerning development plans. General planning for
development and redevelopment.
• Senior Planner February 2007 to September 2008
City of St. Pete Beach, FL
Implemented new legislative directives for Florida's growth management laws related to
governments' comprehensive planning and land development regulations. Served as staff to
the City Commission, Planning Board and Historic Preservation Board. Administered the,
land development regulations, processed future land use plan amendments and rezonings.
Prepared a special area plan for the commercial district within the City's Historic District.
Served as the city's representative on countywide and regional planning agency committees.
Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local
Government requirements for the historic preservation program.
• Environmental Specialist III August 2005 to February 2007
Florida Department of Environmental Protection
Tallahassee, FL
Served as primary reviewer of local government comprehensive plan amendments, sector
plans and evaluation and appraisal reports for the northwest region of Florida. Provided
comments and recommendations to the Florida Department of Community Affairs. Drafted
policies and comprehensive plan language regarding natural resource protection, assisting
local government representatives. Served as the Department's representative on thr Rural
Economic Development Initiative (REDI) and numerous springs protection working groups.
David B. Gildersleeve
Education As Senior Vice President, Dave is intimately involved in all phases
• BS, Urban and Regional of company operations. Areas of specific experience include EARS,
Planning, California State comprehensive planning, zoning and land use studies, Developments
Polytechnic University, of Regional Impact (DRIs), Planning, Project Development and
1973 Environmental (PD&E) studies, land development regulations,
• Masters of Urban and waterfront planning and design, parks and recreation master planning,
Regional Planning, development/redevelopinent studies and plans, public participation,
California State Polytechnic and charrette facilitation.
University, 1974
Representative Project Experience
Pasco County Evaluation and Appraisal Report and Comprehensive Plan
Professional Affiliations Update, Principal-in-Charge and Senior Professional Planner. Served as
• Clearwater Regional a principal planner on this recent EAR and plan amendments with focus
Chamber of Commerce on public meeting. The County's EAR included five planning areas.
• Past Chairman, Clearwater The EAR was approved DCA and the Comprehensive Plan Update
Community Development approved in January 2007,
Board
• American Planning Evaluation and Appraisal Report, City of Clearwater. Principal-in-
Association Charge and Project Manager. Preparation of City's EAR which was
• American Public Works approved for transmittal to DCA in June 2006. Dave also served as
Association (APWA) Chairman of the City's Community Development Board, the City's
• Florida Planning and Zoning Local Planning Agency for five years.
Association
• Past Chairman, Design Evaluation and Appraisal Report - "Envision Venice," City of Venice,
Review Board, Pinellas Park FL, Principal-in-Charge. The result of this project was the development
Redevelopment Agency and approval of the Evaluation and Appraisal Report of the City's
• Executive Fellow, University Comprehensive Plan pursuant to Florida Statutes. In addition, the
of South Florida Suncoast Section of the Florida Chapter of the American Planning
• National Association of Association awarded the project the "Project of Excellence" in
Office and Industrial Parks November 2005. Wade Trim provided project strategy recommendations,
(NAIOP) Facilitation of public workshops, G1S mapping and analysis of land use,
• International Council of environmental/open space, utility infrastructure, and transportation,
Shopping Centers review and analysis of the City's vacant lands, concurrency system,
• Fonner Member, Clearwater school coordination, water supply coordination, and capital planning.
Planning and Zoning Dave is serving as Project Manager for the proposed amendments to
Commission the City Comprehensive Plan.
• Society For Marketing
Professional Services Hardee County EAR and Comprehensive Plan Update, Hardee County.
(SMPS) Principal-in-Charge and Planner. Responsible for the preparation of the
County's EAR and comprehensive plan update required by state statute.
Additional Planning
Experience Evaluation and Appraisal Report (EAR), City of Port Richey. Project
• Comprehensive Plan Manager, Prepared EAR and City Comprehensive Plan policies to
Elements, City of Tampa determine compliance and to make policy revisions, where appropriate.
• 14th Street Community
Redevelopment Area (CAA) Evaluation and Appraisal Report (EAR), City of Inverness. Principal-
Plan, Manatee County in-Charge. Responsible for updating the City's Comprehensive Plan
• Daytona Beach ISB including goals, objectives and policies.
and MMB Corridor
Comprehensive Plan, Town of Belleair Shores. Project Manager.
WADETiRim Responsible for preparation of the Town's Comprehensive Plan: Primary
tasks included data and analysis, policy formulation, public involvement
00
David B. Gildersleeve
City of
Redevelopment Plan through workshops and hearings, development of concurrency
,
Daytona Beach management system and land development regulations.
• Sumter County 2030 Vision
Comprehensive Plan, City of Palmetto. Project Manager and primary
Plan
• Bay shore Neighborhood author of the City's first Comprehensive Plan required by Chapter 1.63.
Manatee County
Plan F.S. The project involved extensive data collection and analysis, policy
, formulation, financial (CIP) planning and extensive public charrettes/
• City of Palmetto
Comprehensive Plan workshops to obtain community consensus.
• City of Belleair Beach
Comprehensive Plan Comprehensive Plan, City of Belleair Beach. Project Manager and
'
s Comprehensive Plan. This effort involved
primary author of the City
• Town of Belleair Shores
Comprehensive Plan data collection and analysis, policy formulation, extensive public
• Coastal Management charrettes/workshops/hearings to gain plan consensus.
Elements, City of Tampa and
Hillsborough County Oviedo Downtown Plan, City of Oviedo. Principal-in-Charge and
Planner, Responsible for the creation of a new downtown plan including
Concurency Management
• the redevelopment of the historic area of the City. The project involved
System, City Tampa
System, City
land use evaluation and alternative land use concepts, conceptual site
y Management
• planning, cost estimates, strategies to create a public/private partnership
System, City of Sarasota for implementation, extensive public meetings and charrettes.
Coastal Management Elements Comprehensive Plans, City of Tampa
and Hillsborough County. Project Director. Responsibilities included
preparation of the Coastal Management Elements for each municipality.
Under contracts with the Hillsborough County-City County Planning
Commission extensive data collection and analysis, policy formulation
implementation strategies and finance options were developed. The
project involved extensive technical and citizen input with municipal
staffs, private developers, elected officials and the general public.
Governor's Task Force on Urban Growth Patterns, Department
of Community Affairs, Tampa. Project Manager. Responsibilities
consisted of special case studies of the Countryside and Tampa Palms
communities. Project included a detailed analysis of the growth patterns
associated with each area and the associated governmental subsidies
required to support the specific development pattern. Under a contract
from the Department of Community Affairs, this project provided
valuable data in support of ELMS III Legislation passed by the Florida
Legislature in support of the State's Growth Management Act.
Tamiami Trail Revitalization Strategy, City of Bradenton, FL, Principal-
in-Charge. Project involved the development and approval of a specific
strategic plan to establish a direction and policy for the revitalization of
this historic corridor within the City. The City continues to implement
strategy recommendations with proposed amendments to its Land
Development Regulations and Comprehensive Plan and the acquisition
of properties along the corridor as a development incentive. The project
included a review and analysis of the corridor's existing land use
patterns and surrounding neighborhoods, review of market conditions
impacting the region, assessment of community design preferences and
opportunities, and development of a financially feasible implementation
I WADE, TRim and management plan for the revitalization.
Brad Hubbard, PE
Education Brad provides five years of design and permitting experience on
BSCE, University of Florida various land development projects, with expertise in development
and renovation of commercial and industrial facilities. Brad also has
Registration experience in the design of utility, stormwater and paving projects for
• PE, Florida, No. 67508 both municipal and private clients.
Representative Project Experience
Homeless Emergency Project, City of Clearwater, Project Engineer
Intern. Redevelopment of existing location into 16-unit apartment
complex and 15,000 SF thrift store. Services provided included design of
gravity sewer internal to project, potable water and fire hydrant design,
stormwater design and permitting,
Crosley Estate Mansion Parking and Drainage Improvements, Manatee
County, Project Engineer Intern. Project includes design and permitting
for two stormwater ponds and two additional parking areas.
Magnolia Lakes, Cedarwood Development, Bradenton, Site and
Stormwater Designer. Responsible for site layout and stormwater design
for six ponds for a 560-unit condominimn development on 120 acres.
Project also included paving, grading and drainage design along with
permitting, Project includes stormwater design for six ponds, floodplain
mitigation, utility design and permitting. Services completed 2007.
Park Townhomes, Grady Pridgen, Inc„ Pinellas Park, Site and
Stormwater Designer. Responsible for site layout and stormwater
design for two ponds for this 90-unit townhome complex. Project also
included paving, grading, drainage design along with permitting, and
utility design and permitting.
The Madison, Grady Pridgen, Inc., St Petersburg, Site and Stormwater
Designer. Responsible for site layout and stormwater design for two
ponds for this 6-acre condominium development. Project also included
paving, grading, drainage design along with permitting for mixed use
residential/commercial development, wetland mitigation and creation,
and utility design and pernitting.
CVS Warehouse, Grady Pridgen, Inc., Pinellas Park, Site and Stormwater
Designer. Responsible for site layout and stormwater design.
Progress Energy Easement Parking, Grady Pridgen, Inc., Pinellas Park,
FL, Project Coordinator and Designer. Organized and coordinated the
use of Progress Energy easement into parking.
Ocean Reef Gatehouse Redesign, Ocean Reef Community Association,
Key Largo, Site and Stormwater Design. Responsible for site layout and
stormwater design for the entryway into the Ocean Reef Community.
Services completed 2007.
IN WADETiuM
Brad Hubbard, PE
CVS/phannacy Store Site Design, Cedar-wood, Royal Palm Beach,
Project Engineer Intern. Project included site design along with the
design of a stormwater system, connection of wastewater and potable
water and other utilities.
Tampa Telecom Professional Center, Temple Terrace, Project Manager,
Kevin Howell Construction. Project includes 45 office buildings over
two sites totaling 30+ acres with significant wetlands, Responsibilities
included overall management of the project and client, site layout,
stonmwater and utility design, as well as negotiations with SWFWMD
and FDEP to impact existing wetlands and lioodplain mitigation.
Southport Springs 11, Pasco County, Project Engineer. Design and layout
of 117-unit mobile home park with associated stormwater design and
utility design.
Tire Choice, Collier Parkway & SR 54, Pasco County, Project Engineer.
Project includes site design stormwater design and connection of
utilities. Project also included a variance.
BIRKITT
c ENVNWAlriu
SERVICES, 11111C.
Education
B.S., Marine Biology (cum laude)
University of North Carolina at
Wilmington
Professional Affiliation
ELULS FL Bar Affiliate Member
International Society of Arboriculture
Cepcations
ISA Certified Arborist
USGBC LEED® AP
FDEP Wetland Certification
PADI Advanced and Rescue Diver
Boat U.S. certification in watercraft
and trailer operation and boating
safety
ABBEY NAYLOR, LEED® AP, ISA Certified Arborist
Vice President/Senior Ecologist
Abbey Naylor has nine years experience in the environmental industry. Her specialties
include state and federal permitting; environmental site assessments including
threatened and endangered species surveys, wetland jurisdictional determinations, and
habitat mapping; vegetative and hydrologic monitoring; permit compliance; and
mitigation banking. She has completed projects in both the public and private sectors
including but not limited to: pipelines, PD&E studies, DRI's, commercial, residential,
mixed-use development, wetland restoration, pump/lift stations, marinas, mitigation
banks, parks, and airports. Ms. Naylor can offer a thorough understanding of local,
state, and federal issues as they relate to environmental regulatory concerns. She has
worked extensively with environmental regulatory agencies at all levels. She is familiar
with project due diligence requirements and the steps necessary to take a project from
conception to final build-out. Mrs. Naylor is an ISA Certified Arbonst and can offer tree
assessment and arborist consulting, specifically as they pertain to local tree
ordinances. She is also a LEED® Accredited Professional through the US Green
Building Council and has consulted on green building design for clients focused on
sustainability.
Tampa Bay Mitigation Bank
Project Manager for vegetation monitoring services on a 161-acre site in southern
Hillsborough County. Responsibilities include review and coordination with field staff
submitting monitoring reports for compliance with FDEP, USAGE, and SWFWMD
permits following a large scale planting effort.
Confidential MiWa ion Bank Fe ibility Analysis and Pros ctus
Project Manager conducting an extensive analysis of proposed wetland mitigation bank
in Hillsborough County, Florida. Included in the analysis were the technical feasibility
of wetlands restoration and mitigation bank development, permitting feasibility, costs to
develop and market demand. A pro forma for potential Return on Investment was also
prepared. Coordination with State and Federal agencies has been initiated. A
prospectus has been submitted to the agencies.
Co fid ntia nk atb Bank Pros c
Project Manager providing mitigation bank consulting services to a large land owner in
southeastern Florida. Services include preparing permitting strategies, providing
guidance on credit yield, market demand, and operations and long term maintenance,
and mitigation opportunities on a large tract of land. A prospectus has been prepared
and agency coordination is currently underway.
San Pedro Mitigation B FL
Project Director in 2009 and 2010 for vegetation and hydrology monitoring services at
the San Pedro Bay Mitigation Bank (SPBMB) in Taylor County, Florida. The ^-7,000-
acre mitigation bank is located at the headwaters of the Fenholloway River.
Enhancement activities include removal of planted slash pines (Pinus elliotth) and
installation of low water crossings and ditch plugs. Changes in hydrology are being
documented at 15 monitoring stations where Campbell Scientific CR200 Dataloggers
record sub-surface water levels in 15-minute intervals. The 15-minute incremental data
are converted to average daily water levels to show stage hydrographs and develop
stage duration curves. These hydrographs and stage durations curves are statistically
analyzed to allow comparison between non-restored and restored phases of SPBMB,
and demonstrate success of the project. Changes in vegetation at the SPBMB are
being documented along permanent monitoring transects established in three
Page 11 of 2
`S\ p
to
W BIRKITT
winom
SERVICES, INC. ABBEY NAYLOR, LEED® AP, ISA Certified Arborist
Vice President/Senior Ecologist
vegetative communities; shrub bog, freshwater marsh, and freshwater forested.
Qualitative and quantitative monitoring is provided. Quantitative monitoring in the RSAs
is conducted by recording vegetation species intercepted by stratum at 3-feet intervals
along each transect. These data will be compared to permit-stated percent cover
requirements that will be used to determine success of the project.
Gainesville Reoidnal Am= Gainesville Florida
Project scientist providing assistance in assessing wetlands impacts and mitigation
requirements using the state UMAM process for the Gainesville/Alachua County
Regional Airport. Application of the UMAM process includes the transfer of the
Airport's Conservation Easement to areas within the Gum Root Swamp, and to assess
mitigation for tree clearing impacts. The assessment includes preparation of maps
identifying impacts and mitigation acreages (GIS), coordination with the SJRWMD, and
analysis of potential mitigation strategies for impacted wetlands.
Nature Coast Commons Pasco L
Project Manager responsible for providing environmental consulting services for the
construction of an approximately 40 acre JC Penney's and commercial development
located along US-19 in Pasco County, FL. Project involved the delineation of wetlands
and required coordination with USACE regarding jurisdiction determination of onsite
wetlands and coordination with the Southwest Florida Water Management District to
obtain the ERP permit and approval for mitigation design. Project also involved
conducting gopher tortoise surveys and coordinating with the Florida Fish and Wildlife
Conservation Commission.
SR 54 and Trinity Blvd - Pasco County. FL
Project Manager for environmental services for a commercial development located in
Pasco County. Obtained environmental' permits from SWFWMD and oversaw the
design and construction of a 1.75 acre wetland creation and restoration site approved
for mitigation. Justified to the Corps that the wetlands onsite were not Corps
jurisdictional, eliminating the need for a Corps permit.
St. Augustine Airport Ruawav_Safety Area (East) and Mitigation
Permitting task manager responsible for overseeing the USACE permit application and
404(b)/Section 10 approval to upgrade the current runway area to comply with FAA
safety regulations. Responsible for QA/QC of both the SJRWMD and USACE
applications to ensure accurate documentation is provided. A spoil island restoration
effort is proposed as mitigation for potential project impacts. Providing coordination
assistance with the FDEP Division of State Lands and Sovereign Submerged Lands.
This project is part of a three project effort by St_ Augustine Airport to improve airport
safety and compliance with FAA regulations.
Naylor, A. 2009. Florida Chamber's Growth Management, Energy, Climate Change
and the Environmental Short Course, Daytona, February 2009- Presentation: Green
Opportunities in Community and Development.
Naylor, A. 2009. Florida Chamber of Commerce Environmental Permitting Summer
School, Marco Island Presentation: Sustainability Challenges and Opportunities in
Florida.
Naylor, A. 2010. Agency on Bay Management Presentation on the proposed
Clearwater Christian Mitigation Bank in Clearwater, FL.
Page 2 of 2
Jonson, Bill
From: Barb Walker [ba rbi bird @tam pabay. rr. com]
Sent: Tuesday, October 05, 2010 4:37 PM
To: Hibbard, Frank; Jonson, Bill; Cretekos, George; Doran, John; Gibson, Paul
Cc: dsteinle@sptimes.com; brassfield@sptimes.com
Subject: 2nd Reading of CCC Plan
Good Afternoon,
I am unable to attend the meeting in Clearwater this evening so please make my written comments part of the official
record. I attended the Pinellas Planning Council meeting but like all the others that were there we had very little time
to actually review the alternate recommendation. My understanding is that the alternate recommendation removes the
ball field from under the eagle's nest therefore adhering to Florida's Bald Eagle Management Plan and that it reduces
wetland impacts. My full insistence remains that the plan must follow the guidelines in the Bald Eagle Management Plan
and I further encourage the college to be more protective of the eagle's nest. Bald Eagles are a wetland dependant
species and for that reason they remain a species of greatest conservation need. In order to fulfill the eagle's needs we
need to protect the wetlands too, not just the uplands for nesting. The wetland areas of impact also support many
other avian species, such as wading birds. I've counted up to 5 night herons there at one time.
The issue still remains that the wetlands are supposed to be already protected. What becomes clearer and clearer to
me is that for the college to remain competitive through the years they will need to move or start a satellite campus.
They would save a lot of money and the wetlands if they just did that now. They are trying to expand and can't without
damaging the natural resources in Clearwater. This is inconsistent with Clearwater's Comprehensive Plans. I would
recommend to the college that they take advantage of the City of Clearwater's full amenities to accomplish their goals
rather than negatively impact one square inch of Clearwater's natural resources as there simply aren't enough left as it
stands.
This is a Coastal High Hazard zone and I would ask that the City of Clearwater begin to charge fees to the college for
services, particularly emergency services. The college could certainly work something out with the city to offset the
fees by seeking competitiveness and expansion away from the Coastal High Hazard area and benefiting other areas of
Clearwater in need of rejuvenation.
I firmly believe that it was a mistake for the college to be there in the first place. That is what negatively impacted the
water in the first place, and adding parking lots and people will not make it better. The goal for everyone in Pinellas
should be to restore coastal and environmentally sensitive areas along Tampa Bay, the Gulf Coast, Lake Maggiore, Lake
Seminole, Lake Tarpon and the Anclote River. Adding parking lots in wetlands and adding people in coastal high hazard
areas is a step backwards from the historical efforts of Clearwater and Pinellas County to offset these original
problems. The City of Clearwater should deny the applicant and seek to be a community with environmental sensitivity
and show that they can be good 'citizens' of the state, the country and the world.
Thank you,
Barbara Walker
Palm Harbor
U??p
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8206-10 on second reading, annexing certain real property whose post office address is 1401 Lemon Street,
together with the abutting right-of-way of Lemon Street and Sunny Park Road, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8206-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF LEMON STREET AND EAST SIDE OF SUNNY
PARK ROAD, CONSISTING OF LOT 18, BLOCK B, SUNNY PARK
GROVES, WHOSE POST OFFICE ADDRESS IS 1401 LEMON
STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF LEMON STREET AND SUNNY PARK ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 18, Block "B", SUNNY PARK GROVES, according to the plat thereof as recorded in
Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-
of-way of Lemon Street and Sunny Park Road
(ANX2010- 06001)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Item # 7
Ordinance No. 8206-10
Attachment number 1
Page 2 of 2
Approved as to form:
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 7
Ordinance No. 8206-10
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8207-10 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 1401 Lemon Street, together with the abutting right-of-
way of Lemon Street and Sunny Park Road, upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8207-10
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
SOUTH SIDE OF LEMON STREET AND EAST SIDE OF SUNNY
PARK ROAD, CONSISTING OF LOT NUMBER 18, BLOCK B,
SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS
1401 LEMON STREET, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF LEMON STREET AND SUNNY PARK ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property
Lot 18, Block "B", Sunny Park Groves
according to the Plat thereof, recorded
in Plat Book 36, Page 2, Public Records
of Pinellas County, Florida, together with
the abutting right-of-way of Lemon Street
and Sunny Park Road
Land Use Category
Residential Low (RL)
(ANX2010-06001)
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. 8206-10.
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:
Rosemarie Call
City Clerk
Item # 8
Ordinance No. 8207-10
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8208-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1401 Lemon Street, together with the abutting right-of-way of Lemon Street and Sunny Park Road, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8208-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF LEMON STREET AND EAST SIDE OF SUNNY PARK ROAD,
CONSISTING OF LOT NUMBER 18 BLOCK B SUNNY PARK
GROVES, WHOSE POST OFFICE ADDRESS IS 1401 LEMON
STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF LEMON STREET AND SUNNY PARK ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 18, Block "B", Sunny Park Groves
according to the Plat thereof, recorded
in Plat Book 36, Page 2, Public Records
of Pinellas County, Florida, together with
the abutting right-of-way of Lemon Street
and Sunny Park Road
Zoning District
Low Medium Density
Residential (LMDR)
(ANX2010-06001)
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. 8206-10.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Item # 9
Ordinance No. 8208-10
Attachment number 1
Page 2 of 2
Approved as to form:
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 9
Ordinance No. 8208-10
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8211-10 on second reading, making text amendments to various sections of the Community Development Code,
Amending Article 2, Article 3, Article 7 and Article 8.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 13
ORDINANCE NO. 8211-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING
SIDEWALK VENDORS FROM CHART 2-100 PERMITTED USES; BY
AMENDING SECTIONS 2-703.M, 2-7041, 2-802.K AND 2-803.1, BY
ADDING FLEXIBILITY CRITERIA RELATING TO ACCESSORY USES
FOR OVERNIGHT ACCOMMODATIONS IN THE COMMERCIAL AND
TOURIST DISTRICTS; BY ELIMINATING SIDEWALK VENDORS AS A
FLEXIBLE STANDARD USE IN THE TOURIST AND DOWNTOWN
DISTRICTS BY DELETING IT FROM TABLES 2-802 AND 2-902 AND
DELETING THE ASSOCIATED FLEXIBILITY CRITERIA IN SECTIONS
2-802.R AND 2-902.P; BY AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY AMENDING SECTION 3-601C.3.i.vi TO PROVIDE
FOR A MINIMUM FURTHER DEVIATION FOR COMMERCIAL DOCKS
TO ALLOW EXERCISE OF CERTAIN DEMONSTRATED RIPARIAN OR
LITTORAL RIGHTS; BY DELETING SECTION 3-601.D.1, EXISTING
DOCKS AND LIFTS; BY AMENDING SECTION 3-1407.A TO PROHIBIT
BOAT TRAILERS OF A CERTAIN LENGTH TO BE PARKED IN THE
FRONT SETBACK AND BY CLARIFYING THE TYPES OF VEHICLES
THAT MAY BE PARKED IN SIDE AND REAR SETBACKS AND BY
EXPANDING THE TYPES OF LARGE VEHICLES PROHIBITED TO BE
PARKED IN THE RESIDENTIAL ZONING DISTRICTS; BY AMENDING
SECTION 3-1502.G, TO ESTABLISH GUIDELINES FOR THE USE OF
CAR COVERS IN RESIDENTIAL ZONING DISTRICTS AND TO
CLARIFY THAT CARPORTS ARE NOT EXEMPT FROM OUTDOOR
STORAGE PROVISIONS; BY AMENDING SECTION 3-1503 TO ADD
SUBSECTION C. PROVIDING FOR ALTERNATIVE METHODS OF
ENFORCEMENT FOR NUISANCE VIOLATIONS; BY AMENDING
ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY
REVISING SECTIONS 7-102 AND 7-103 TO PROVIDE FOR
ALTERNATIVE METHODS OF ENFORCEMENT FOR NUISANCE
VIOLATIONS; BY AMENDING ARTICLE 8, DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING
THE DEFINITION OF COMMUNITY RESIDENTIAL HOME TO PROVIDE
FOR CONSISTENCY WITH STATE REGULATIONS; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, the City of Clearwater desires adequate parking in the Tourist and
Commercial districts, and
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OrdiAM go1@211-10
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WHEREAS, the City of Clearwater desires to clarify parking and outdoor storage
standards in residential areas to ensure the stable nature of these neighborhoods, and
WHEREAS, the City of Clearwater desires to institute a flexible tool for addressing
nuisances, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X
Community residential homes x X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects x X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and or boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Cemeteries X
Comprehensive infill
redevelopment project CIRP
X
X
X
X
X
X
X
Congregate care X X X X
Convention center x
Educational facilities X X X X
Governmental uses x X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment x X X X
Light assembly X
Manufacturin x
Marinas X
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Marinas and marina facilities x X X X
Medical clinic x X X X
Mixed use x X X X
Nightclubs, taverns and bars x X X X
Non-residential off-street parking x X X X
Nursing homes x X X X
Offices x X X X X X
Off-street parking x X
Open space x
Outdoor recreation/entertainment x X X X
Outdoor retail sales, display and/or
storage
X
X
Overnight accommodations x X X X X X X X
Parkin garages and lots x X X X X X
Parks and recreation facilities x X X X X X X X X X X X
Places of worship X X X X
Problematic uses x
Public facility x X
Publishing and printing x
Public transportation facilities x X X X X X X
Research and technology use x
Residential shelters x X X
Resort Attached Dwellings X
Restaurants x X X X X X
Retail sales and services x X X X X X X X
RV arks x
Salvage yards x
Schools x X X X X X X
Self-storage warehouse X X
X X
Social and community centers x X X X
Social/public service agencies x X X X
Telecommunications towers x X X X X
TV/radio studios x X
Utility/infrastructure facilities x X X X X X X X X X X X X X X
Vehicle sales/displays x X
Vehicle sales/displays, limited x X
Vehicle sales/displays, major x
Vehicle service x
Vehicle service, limited x
Vehicle service, major x
Veterinary offices x X X X
Wholesale/distribution/warehouse
facility
X
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Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-703.M, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
Section 2-703. Flexible standard development.
Flexibility criteria:
M. Overnight accommodations.
7. Accessory uses:
***********
***********
***********
***********
C. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses-i
d. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-703. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street parking required for the restaurant.
***********
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-7041, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
Section 2-704. Flexible development.
Flexibility criteria:
L. Overnight accommodations.
***********
***********
***********
8. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The following shall apply to required parking for accessory uses:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
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additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii. Regardless of the gross floor area percentage, overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-704. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required
for the restaurant.
***********
Section 4. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-802.K, Overnight accommodations, of the Community Development Code, is hereby amended
as follows:
Section 2-802. Flexible standard development.
***********
Flexibility criteria:
***********
K. Overnight accommodations.
***********
10. Accessory uses:
***********
e. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-802. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street parking required for the project.
***********
Section 5. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-803.1, Overnight accommodations, of the Community Development Code, is hereby amended
as follows:
Section 2-803. Flexible development.
***********
Flexibility criteria:
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Attachment number 1
Page 6 of 13
***********
1. Overnight accommodations.
***********
11. Accessory Uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The following shall apply to required parking for accessory uses:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii. Regardless of the gross floor area percentage, overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-803. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parking required
for the restaurant.
***********
Section 6. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2-
802, Table 2-802 and Section 2-802.R, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection R and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Lot
Area Min. Lot
Width Max.
Height Min. Setbacks
I
Density Min. Off-Street
l
(ft) ? parking
(sq. ft.) (ft) (ft)
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit
units/acre
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Alcoholic Beverage Sales 5,000 50 35 15 10 20 n/a 5 per 1,000 GFA
Attached Dwellings 10,000 100 35-- 10-- 10 10 30 2 per unit
50 15 20 units/acre
Governmental Uses (2) 10,000 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA
50 15 10 20
Indoor
5,000
50 35--
0--15 0--
20
n/a
10 per 1,000 GFA
Recreation/Entertainment 100 10
Medical Clinic 10,000 100 10 20 20 2--3/1,000 GFA
50 15
Mixed Use
10
000 50-- 35--
0--15 0-- 10-- 30 Based upon use
, 100 50 10 20 units/acre requirements
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA
Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a
Parking
Offices 10,000 100 35-- 10-- 0-- 10-- n/a 3-4 spaces per
50 15 10 20 1,000 GFA
2.5 spaces per 1,000
sq. ft. of lot area or
as determined by
Outdoor 5
000 50 35 10-- 10 20 n/a the community
Recreation/Entertainment , 15 development
director based on
TIE Manual
standards
Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit
Accommodations 150 50 15 10 20 rooms/acre
Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a
1 per 20,000 SF
land area or as
determined by the
Parks and Recreation n/a n/a 50 25 10 20 n/a community
Facilities development
coordinator based
on TIE Manual
standards
Public Transportation
Facilities (3)
n/a
n/a
10
n/a
n/a
n/a
n/a
n/a
Resort Attached Dwellings 10,000 100 35--50 10--15 10 10--20 30 acre
units/ 1.5 per unit
Restaurants 5,000-- 50-- 25-- 10-- 0-- 10--
n/a 7-15 spaces per
10,000 100 35 15 10 20 1,000 GFA
Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10--
n/a 4--5 spaces per
10,000 100 50 15 10 20 1,000 GFA
c;ao,., iv vo a R?a_ R?a_ +4a- +4a- +4a- R?a_ R?a_ R?a_
Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- la
4--5 spaces per
Center 10,000 100 50 15 10 20 1,000 UN'A
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Attachment number 1
Page 8 of 13
Utility/Infrastructure
Facilities (4) n/a n/a n/a 25 10 10 n/a n/a
***********
Flexibility criteria:
***********
***********
Section 7. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section
2-902, Table 2-902 and Section 2-902.P, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection P and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Min. Off-Street
Height Parking
(ft.)
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3-5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor 30-50 3-5 per 1,000 GFA
Recreation/Entertainment
Facility
Mixed Use 30-50 Based upon use
requirements
Nightclubs 30-50 3-10 per 1,000 GFA
Offices 30-50 1-3 per 1,000 GFA
Overnight 30-50 .75-1 per unit
Accommodations
Parking Garages and Lots 50 n/a
Parks and Recreation 50 1 per 20,000 SF or as
Facilities determined by the
community
development
coordinator based on
TIE Manual standards
Places of Worship 30-50 .5-1 per 2 seats
Public Transportation 10 n/a
Facilities
Restaurants 30-50 5-15 per 1,000
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GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA i
ve-^a^r* pWa pWa
Social and Community
Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure
Facilities n/a n/a
***********
Flexibility criteria:
***********
***********
Section 8. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.C.3.i.vi, New docks, of the Community Development Code, is hereby
amended as follows:
Section 3-601. Docks.
***********
C. New docks.
***********
3. Commercial docks.
***********
i. Deviations.
***********
iv) The deviation sought to be granted is the minimum deviation that
will make possible the reasonable use of the applicant's property;
atA. However. where an applicant demonstrates riparian or littoral
rights which will affect the location of the dock, the minimum
further deviation to provide for exercise of such rights shall be
allowed; and
***********
Section 9. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.D.1, Existing docks and lifts, of the Community Development Code, is
hereby amended as follows:
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Attachment number 1
Page 10 of 13
Section 3-601. Docks.
***********
D c46ting nooks and! lifts and rRepairs of existing docks and seawalls.
exempt #em th` r* st?°'''d FGI lGRg nh lift; APR RAtiroly GgRta1Y1ea
(?e3C2N?pr-rrvrrrrvesvc?c- ------ ra rv9?rr??$ Icir mra? m?cririrc?--vvrnu?rr
w..ithip the orooorty linos as extended into the water
e1. Any repair made to an existing approved dock that does not extend,
enlarge or substantially change the location of any portion of the dock
does not require review and approval by the community development
coordinator however, a permit may be required by the Pinellas County
Water and Navigation Control Authority. If, however, such repair enlarges,
extends, or substantially changes the location of any portion of the dock,
such repair shall require the review and approval by the community
development coordinator prior to the issuance of a permit by the Pinellas
County Water and Navigation Control Authority. The review of a
substantial repair shall be considered a new dock pursuant to the
standards described in this section.
-b2. If any dock, seawall, bulkhead, private bridge, or marina falls into a state
of disrepair and becomes a dangerous structure creating an
unreasonable risk of bodily injury to any person who may walk thereon,
such structure shall be either removed or repaired so as to conform to the
requirement of this division.
Section 10. That Article 3, Development Standards, Division 14, Parking and Loading,
Subsection 3-1407.A, Parking restrictions in residential areas, of the Community Development
Code, is hereby amended by adding a new subsection and renumbering the subsequent
subsections as appropriate:
Section 3-1407. Parking restrictions in residential areas.
A. Restrictions.
***********
2. Between principal structure and right-of-way. The following vehicles shall not be
parked or stored, in whole or in part, in a front setback and/or forward of the
building line of the principal structure and any right-of-way line in a residential
zoning district up to a maximum of two frontages:
a. Boat in excess of 20 feet;
b. Any boat trailer in excess of 25 feet total length or in excess of 5 feet
longer than any boat occupying the trailer:
.bc. Hauling trailer;
sd. Recreational vehicles, travel trailers, motor homes and camping trailers.
de. Any commercial vehicle which measures in excess of 20 feet in total
chassis and body length, seven feet in total width or seven feet in total
height, including appurtenances, equipment and cargo.
ef. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar
vehicle not designated for street operation.
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3. Parkina in the side or rear setback. The followina vehicles may be parked or
stored, in whole or in part, in a side or rear setback behind the front building line
of the principal structure in a residential zoning district provided such vehicles are
screened with a 6 foot high solid fence, wall or hedge:
a. Boat in excess of 20 feet;
b. Boat trailer in excess of 25 feet;
C. Hauling Trailer;
d. Recreation vehicles, trailers, motor homes and camping trailers; and
e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar
vehicle not designated for street operation.
_
34. Large vehicles. ^IG r3o.,,i-+r-GtGF trailer, 4n ink er n?h or anv garbage 4n ink pump
n6 1t 4n ink nh°min°I 4n ink gaselin° 4n ink fi iel nil tri ink or similar yehinlo ?J°cinnorJ
, , ,
to 4r-ancnnr4 writer, nr h-a-z-ard-eUS nr nexio is m?4ori?lc The following vehicles
shall be not be parked or stored in any residential zoning districts:
a. Commercial vehicles measuring in excess of 20 feet in total chassis and
body length, seven feet in total width or seven feet in total height,
including appurtenances, equipment and cargo are prohibited; and
b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out
truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle
designed to transport wastes or hazardous or noxious materials.
***********
Section 11. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Subsection 3-1502.G, Exterior storage and display for residential
properties, of the Community Development Code, is hereby amended as follows:
Section 3-1502. Property maintenance requirements.
***********
G. Exterior storage and display for residential properties.
1. As provided in Section 3-912-3 of this Development Code, outdoor storage is
prohibited. For the purposes of this section, carports are subject to the outdoor
storage provisions.
2. Equipment, materials or furnishings not designed for use outdoors, such as
automobile parts and tires, building materials, and interior furniture, may not be
stored outdoors.
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, shall not be
stored outdoors on a residentially zoned property.
4. Bulk items intended for pick up by the city may not be placed at the curb more
than 24 hours prior to the scheduled pick up.
5. Any motor vehicle that is lawfully parked and is covered in a manner to protect
the motor vehicle shall allow at least the bottom six inches of each tire to be
visible. The required license plate shall be clearly visible from the right-of-way or
the license plate number shall be printed legibly on the cover with characters not
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OrdiAM X01@211-10
Attachment number 1
Page 12 of 13
less than two inches in height so that it is clearly visible from the right-of-way.
Covers shall not be faded and shall be in good condition, without tears, rips or
holes.
***********
Section 12. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Section 3-1503, Nuisances, of the Community Development Code,
is hereby amended as follows:
Section 3-1503. Nuisances.
***********
C. Violations of this Section may be enforced by action before the municipal code
enforcement board as "nuisance cases" or "non-nuisance cases" pursuant to the
corresponding procedures set forth in Section 7-102, or by citation pursuant to Code of
Ordinances Section 1.12.
***********
Section 13. That Article 7, Enforcement Proceedings and Penalties, Division 2, Code
enforcement board/special master hearing procedures and Division 3, Remedies; penalties, of
the Community Development Code, is hereby amended by adding a new Subsection A in
Section 7-103 and relettering the subsequent subsections as appropriate:
Section 7-102. Code enforcement board/special master hearing procedures.
A. Notification of violation. Violations of Section 3-1503, Nuisances, may be noticed as
"nuisance cases" or "non-nuisance cases" under this Subsection.
***********
F. Conduct of hearing.
***********
2. Presentation of case. Violations of Section 3-1503, Nuisances, may be
presented as "nuisance cases" or "non-nuisance cases" under this Subsection.
***********
Section 7-103. Remedies; penalties.
A. Upon the issuance of an order of the municipal code enforcement board finding a
violation of Section 3-1503, Nuisances, any and all of the remedies and penalties
provided in Subsections B. through K. of this Section may be imposed.
***********
Section 14. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Community Development Code, is hereby amended as follows:
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Attachment number 1
Page 13 of 13
Section 8-102. Definitions.
***********
Community residential home means a dwelling unit which provides a living environment for up
to 14 unrelated residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional
and social needs of the residents. Community residential homes shall not be located within
1,000 feet of one another.
***********
Section 15. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 16. The City of Clearwater does hereby certify that the amendments contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City's Comprehensive Plan.
Section 17. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 18. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 19. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
-13-
OrdiAM 1 o1@211-10
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8214-10 on second reading, amending Chapter 22, Parks, Beaches, Recreation; Section 22.24, to include
reference to Appendix A, Schedule of Rates, Fees and Charges; correcting a scrivener's error in Chapter 22 Subsection numbering;
amending Appendix A to define permanent residence for the purposes of application of fees.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 7
ORDINANCE NO. 8214-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING CHAPTER
22, PARKS, BEACHES, RECREATION; SECTION 22.24,
AUTHORITY TO REGULATE BEACHES, PARK
PROPERTY, AND THE COURTNEY CAMPBELL
RECREATION AREA TO INCLUDE REFERENCE TO
APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES; CORRECTING MINOR SCRIVENERS' ERROR
IN CHAPTER 22 SUBSECTION NUMBERING; AMENDING
APPENDIX A TO DEFINE PERMANENT RESIDENCE FOR
PURPOSES OF THE APPLICATION OF FEES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances currently empowers the city manager to
regulate the time, place and manner in which City park property is to be used and
enjoyed by the public, including the setting of fees, rates and charges; and
WHEREAS, in accordance with such authority, said fees, rates and charges are
provided for in Appendix A of the Code of Ordinances and are hereby cross-referenced,
where applicable, in Chapter 22; and
WHEREAS, Appendix A establishes the class of city residents, including one
occupying a "permanent residence" for purposes of applying resident and non-resident
fees; and
WHEREAS, the definition of "permanent residence" is hereby clarified for such
purposes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
Article II. Use Regulations*
Ordinance 46MA01 1
Attachment number 1
Page 2 of 7
Sec. 22.24. Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area.
(1) The city manager is empowered in the exercise of the city manager's discretion to
regulate the time, place and manner in which the public beaches, park property of the
city, and the Courtney Campbell Recreation Area, or any portion thereof, are to be used
and enjoyed by the public and to authorize the posting of signs regulating public use. In
so doing, the city manager is to give due regard to the safety facilities available thereat,
the preservation of public property, the number of persons who can be safely protected
and safeguarded at the particular location, and the health and welfare of the public
using and wishing to use such facilities. The directions of the city manager given
pursuant to the authority contained in this section are declared to have the effect of law
and shall be enforced by the police officers of the city. See Appendix A for Schedule of
Fees, Rates and Charges for the use of Parks and Recreation facilities.
(2) The hours of operation for each city park, as may be amended from time to time,
are as follows:
TABLE INSET:
NO. SITE NAME
1. CLOSED FROM SUNSET UNTIL SUNRISE-
1 ALLEN'S CREEK PARK
2 ALLIGATOR LAKE
3 BAY PARK ON SAND KEY
4 MYRON A. SMITH BAYVIEW PARK
5 CEDAR GROVES
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUQUA PARK
9 CHAUTAUQUA PARK NORTH (Enterprise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CHERRY HARRIS PARK
12 CLIFF STEPHENS PARK
13 COOPERS BAYOU PARK
14 COUNTRY HOLLOW PARK
15 CYPRESS BEND PARK
16 CYPRESS POINT PARK
Ordinance 46MA01 1
Attachment number 1
Page 3 of 7
17 D.D. DAVIS PARK
18 DREW PLAZA
19 GARDEN AVENUE PARK
20 GLEN OAKS PARK
21 GLENWOOD PARK
22 HARDING PLAZA
23 HIBISCUS LAKE
24 HILLCREST PARK
25 LAKE HOBART SOUTH
26 LAKE LUCILLE
27 MANDALAY PARK
28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND
29 NORTHEAST COACHMAN PARK
30 NORTHWOOD PARK
31 OVERBROOK PARK
32 SALLS LAKE 1 & 2
33 SOULE ROAD PARK
34 SPRING LAKE PARK
35 STATE STREET PARK
36 STATION SQUARE PARK
37 SUNSET POINT ROAD PLAYFIELD
38 TERRACE LAKE
39 TOWN PLACE PARK
2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
40 COACHMAN PARK
41 COURTNEY CAMPBELL RECREATION AREA
42 COUNTRYSIDE LIBRARY PLAYGROUND
43 MAGNOLIA STREET DOCK
44 MEMORIAL PARKS 1 & 2
45 MORNINGSIDE RECREATION COMPLEX
Ordinance 46M01 1
Attachment number 1
Page 4 of 7
46 NO. GREENWOOD REC. & AQUATIC COMPLEX
47 PROSPECT LAKE PARK
48 ROSS NORTON COMPLEX & ED WRIGHT PARK
49 TURNER STREET DOCK
50 WOOD VALLEY RECREATION CENTER
3. CLOSED FROM 10:00 PM UNTIL 6:00 AM:
51 BAYFRONT TENNIS COMPLEX
52 BELMONT PARK
53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX.
54 COACHMAN RIDGE PARK
55 COUNTRYSIDE COMMUNITY PARK
56 DEL ORO PARK (Trail: Sunrise to Sunset)
57 FRANK TACK PARK
58 MARYMONT PARK
59 MONTCLAIR PARK
60 PLAZA PARK
61 SID LICKTON PARK & FRED COURNOYER CT.
62 SUNSET SAM PARK AT ISLAND ESTATES
63 U.S. 19 SOCCER PRACTICE FIELDS
64 VALENCIA PARK
4. CLOSED FROM 11:00 PM UNTIL 6:00 AM:
65 CREST LAKE PARK
66 EDGEWATER DRIVE PARK
67 FOREST RUN PARK
68 JOE DIMAGGIO COMPLEX
69 LONG CENTER
70 McKAY PLAYFIELD
71 PIER 60 PARK
72 WOODGATE PARK
15. OPEN 24 HOURS PER DAY:
Ordinance 46MA01 1
Attachment number 1
Page 5 of 7
73 CLEARWATER BEACH
74 MEMORIAL CAUSEWAY
75 SAND KEY BAYSIDE PARK
76 SEMINOLE DOCKS
6. OPEN FOR SCHEDULED PROGRAMMING ONLY:
77 CARPENTER FIELD
78 COOPERS POINT NATURE PARK
79 COUNTRYSIDE SPORTS COMPLEX
80 DAVID MARTIN SOCCER FIELDS
81 E. C. MOORE COMPLEX (1-9)
82 HENRY L. MCMULLEN TENNIS COMPLEX
83 LAWN BOWLS & SHUFFLEBOARD COMPLEX
84 MISSOURI AVE. (DOT)
85 MOCCASIN LAKE NATURE PARK
86 PHILLIP JONES PARK
CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation
established by Lessee):
87 BRIGHTHOUSE NETWORK FIELD
88 CHI-CHI RODRIGUEZ GOLF COURSE
89 CLEARWATER COUNTRY CLUB
90 CLEARWATER EXECUTIVE GOLF COURSE
91 HARBORVIEW CENTER
92 HOLT AVE. PROPERTY
93 JACK RUSSELL STADIUM
94 KINGS HIGHWAY RECREATION CENTER
95 MARTIN LUTHER KING RECREATION CENTER
96 PERFORMING ART CENTER & THEATER (PACT)
97 SAILING CENTER
(43) Each city park shall have at least one prominently posted sign that states the
hours of operation for that park.
Ordinance 46MA01 1
Attachment number 1
Page 6 of 7
(24) No person shall enter or remain upon park property at any time during which the
park is closed except by permit issued by the department or unless permission has
been given by the department or city manager.
(35) The City Manager or his or her designee may prohibit a party from parking a
vehicle in an area designated for parking or upon any other park property if said party
does not remain on the park property and such parking inhibits or prevents others from
parking at the park facility in order to use the facility as intended.
Section 2. Appendix A of the Code of Ordinances, City of Clearwater, Florida, is
hereby amended to read as follows:
Appendix A
Schedule of Fees, Rates and Charges*
Xl. Parks, Beaches, Recreation:
(2) The criteria which establish the class of city residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the city,. For
purposes of this Section, Permanent Residence shall mean a place where a
person has his or her true, fixed, and permanent home and principal
establishment which, whenever absent, he or she has the intention of returning.
Residence shall mean such permitted uses of the use category "Residential" in
the Clearwater Community Development Code, as may be amended from time to
time.
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties three months or less,
within the incorporated boundaries of the city as evidenced by a motel key or
another resident member;
(d) Persons who are employees of the city, and their family which is hereby
defined as: "Husband and wife or legal guardian and their children who live in the
same household, who are 18 years of age or under, or less than 23 years of age
and a full time college student";
(e) Persons who are retirees of the City of Clearwater;
(f) Active Military personnel and their family as defined in (d);
Ordinance 46MA01 1
Attachment number 1
Page 7 of 7
(g) Full Time employees or clients of the Upper Pinellas Association for
Retarded Citizens (UPARC), for use of the Long Center facility and programs
only;
(h) Corporate memberships (for businesses within the incorporated boundaries
of the City) where the first ten memberships of the corporation are paid as
applicable non-resident fees; the eleventh membership and over are considered
resident memberships with applicable resident fees being applied.
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:
Laura Lipowski Mahony
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Ordinance 46MA01 1
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8218-10 on second reading, amending the Operating Budget of the Fiscal Year ending September 30, 2010 to
reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund,
Downtown Boat Slips Fund, Parking Fund, Harborview Fund, Administrative Services Fund, General Services Fund, Garage
Fund, and Central Insurance Fund.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8218-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2010 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, STORMWATER FUND, SOLID WASTE
FUND, RECYCLING FUND, GAS FUND, MARINE FUND,
AIRPARK FUND, DOWNTOWN BOAT SLIPS FUND, PARKING
FUND, HARBORVIEW FUND, ADMINISTRATIVE SERVICES
FUND, GENERAL SERVICES FUND, GARAGE FUND, AND
CENTRAL INSURANCE FUND, AS PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2010, for operating
purposes, including debt service, was adopted by Ordinance No. 8100-09; and
WHEREAS, at the Third Quarter Review it was found that an increase of $15,629,986
is necessary for revenues and an increase of $18,162,197 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8100-09 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2009 and ending September 30, 2010 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
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:
Pamela K. Akin, City Attorney
Frank Hibbard, Mayor
Attest:
Rosemarie Call, City Clerk
Item # 12
Ordinance No. 8218-10
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/5/20 10
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8219-10 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30,
2010 to reflect a net increase of $3,363,951.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8219-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2010, TO REFLECT A NET INCREASE OF $3,607,951,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2010 was adopted by Ordinance No. 8101-09; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8101-09 is amended to read:
Pursuant to the Third Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2009 and ending September 30, 2010, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
Item # 13
Ordinance No. 8219-10
Attachment number 2
Page 1 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2009/10 2009/10 2009/10 2009/10 Amdmnts
Police Protection 150,000 50,000 50,000 50,000
Fire Protection 678,490 678,490 678,490 459,790 (218,700)
Major Street Maintenance 3,645,670 3,139,185 3,053,704 2,965,241 (88,463)
Sidewalks and Bike Trail 0 (1,078,404) (992,923) (954,460) 38,463
Intersections 435,000 435,000 435,000 485,000 50,000
Parking 250,000 3,650,000 (4,602,065) (4,369,402) 232,663
Miscellaneous Engineering 35,000 72,950 (196,715) (196,715)
Park Development 5,837,500 6,003,208 6,211,885 6,241,548 29,663
Marine Facilities 4,315,000 (458,105) 86,143 636,842 550,699
Airpark Facilities 10,000 10,000 10,000 135,000 125,000
Libraries 635,310 635,310 635,310 635,310
Garage 2,716,700 2,716,700 2,719,900 3,682,320 962,420
Maintenance of Buildings 277,930 252,930 1,967,268 1,877,745 (89,523)
Gen Public City Bldg & Equip 950,000 950,000 950,000 950,000
Miscellaneous 640,000 706,306 870,359 870,359
Stormwater Utility 5,945,000 5,073,864 5,073,864 5,098,634 24,770
Gas System 5,310,000 7,485,709 7,563,214 7,563,214
Solid Waste 520,000 520,000 520,000 131,513 (388,487)
Utilities Miscellaneous 26,000 26,000 26,000 61,130 35,130
Sewer System 9,772,590 9,560,410 9,560,410 11,198,839 1,638,429
Water System 9,699,550 10,038,579 10,263,579 11,485,446 1,221,866
Recycling 220,000 220,000 220,000 (295,980) (515,980)
TOTAL 52,069,740 50,688,133 45,103,424 48,711,374 3,607,951
GENERAL SOURCES:
General Operating Revenue 1,470,990 1,518,217 2,326,809 2,341,473 14,663
General Revenue/County Co-op 635,310 635,310 635,310 635,310
Road Millage 2,090,670 2,090,670 2,090,670 2,090,670
Penny for Pinellas 6,225,000 6,191,171 6,621,506 6,283,826 (337,680)
Transportation Impact Fee 290,000 290,000 290,000 290,000
Recreation Land Impact Fee 0 (1,339) (1,339) (1,339)
Drainage Impact Fee 0 0 0 24,770 24,770
Fee in Lieu of Parking 0 0 0 232,663 232,663
Local Option Gas Tax 1,720,000 1,720,000 1,720,000 1,720,000
Special Development Fund - Public Art 950,000 950,000 1,158,677 1,158,677
Special Development Fund 30,000 30,000 30,000 30,000
Grants - Other Agencies 2,900,000 1,944,155 2,032,703 2,623,402 590,699
Donations 900,000 900,000 900,000 900,000
Insurance Claims 0 0 0 14,246 14,246
Item # 13
58 Ordinance # 8219-10
Attachment number 2
Page 2 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
SELF SUPPORTING FUNDS:
Marine Revenue
Downtown Boat Slips Revenue
Airpark Revenue
Parking Revenue
Utility System:
Water Impact Fees
Sewer Impact Fees
Utility R&R
Water Revenue
Sewer Revenue
Stormwater Utility Revenue
Gas Revenue
Solid Waste Revenue
Grants - Other Agencies
Other Governmental Revenue
Developer Contributions
Property Owners Share
INTERNAL SERVICE FUNDS:
Garage Revenue
Administrative Services Revenue
Central Insurance Revenue
BORROWING - GENERAL SOURCES:
Improvement Revenue Bonds
Lease Purchase - General Fund
BORROWING - SELF SUPPORTING FUNDS:
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2009/10 2009/10 2009/10 2009/10 Amdmnts
50,000 (50,000) (50,000) (50,000)
15,000 15,000 15,000 0 (15,000)
10,000 10,000 10,000 35,000 25,000
260,000 3,660,000 4,115,700 4,115,700
250,000 250,000 250,000 250,000
500,000 500,000 500,000 500,000
3,050,490 3,050,490 3,050,490 5,973,364 2,922,874
0 0 0 4,482,101 4,482,101
0 0 0 9,423,343 9,423,343
5,652,800 5,652,800 5,652,800 5,652,800
5,340,000 7,415,709 7,493,215 7,493,215
350,000 350,000 350,000 350,000
0 (873,815) (873,815) (296,815) 577,000
0 20,464 245,464 1,393,789 1,148,325
0 62,327 62,327 62,327
0 0 0 24,000 24,000
119,400 119,400 325,146 325,146
150,000 150,000 150,000 150,000
0 (5,022,507) (5,019,307) (5,019,307)
0 0 (8,252,065) (8,252,065)
0 0 164,053 266,533 102,480
Lease Purchase - Water 42,540 42,540 42,540 42,540
Lease Purchase - Stormwater 300,000 300,000 300,000 300,000
Lease Purchase - Solid Waste 170,000 170,000 170,000 (218,487) (388,487)
Lease Purchase - Recycling 220,000 220,000 220,000 (295,980) (515,980)
Bond Issue - Water & Sewer 15,665,240 15,665,240 15,665,240 0 (15,665,240)
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 2,312,300 2,312,300 2,312,300 3,260,474 948,174
Lease Purchase - Administrative Services 400,000 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES: 52,069,740 50,688,133 45,103,424 48,711,375 3,607,951
Item # 13
59 Ordinance # 8219-10
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8221-10 on second reading, conditionally vacating a right-of-way easement portion described as the East 10 feet
of the West 20 feet of Lots 4 through 7 inclusive and the East 10 feet of the West 20 feet of the North 20.7 feet of Lot 8, all in F.A.
Kennedy's Fair Lane Addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8221-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, CONDITIONALLY VACATING A RIGHT-OF-WAY
EASEMENT PORTION DESCRIBED AS THE EAST 10
FEET OF THE WEST 20 FEET OF LOTS 4 THROUGH 7
INCLUSIVE AND THE EAST 10 FEET OF THE WEST 20
FEET OF THE NORTH 20.7 FEET OF LOT 8, ALL IN F.A.
KENNEDY'S FAIR LANE ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, SP Country Club Homes, LLC owner of real property located in the
City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit
A attached hereto; and
WHEREAS, the City Council finds that said right-of-way 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 right-of-way easement described as the following:
the east 10 feet of the west 20 feet of Lots 4 through 7, inclusive, and the east 10
feet of the west 20 feet of the north 20.7 feet of Lot 8, all in F.A. Kennedy's Fair
Lane Addition, according to the map or plat thereof, as recorded in Plat Book 11,
Page 16 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases
all of its right, title and interest thereto, subject to the following condition: The
project known as Country Club Townhomes shall be completed on or before
October 7, 2012, upon completion of the construction, which shall be evidenced by
the issuance of a temporary or permanent certificate of occupancy; otherwise, this
vacation shall be rendered null and void, and the City of Clearwater shall retain all
right, title, and interest to the subject right-of-way.
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.
Ordinance Nol.bM 4014
Attachment number 1
Page 2 of 2
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Ordinance Nol.bM 4014
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing and
adopt Resolution 10-22.
SUMMARY:
In 2008, a Water and Sewer rate study was completed and resulted in the City Council approving 7% rate increases in Fiscal Years
2009, 2010 and 2011 and annual rate increases of 6% per year for Fiscal Years 2012 and 2013. These rate increases are sufficient
to provide for operations, capital projects, and debt service on bonds.
In 2010, an interim rate study in progress identified a need for approximately $46.7 million in capital project from Fiscal Year
2011 through Fiscal Year 2012, with bonds to be issued in Fiscal Year 2012 of approximately $24,000,000 and in Fiscal Year 2014
of approximately $20,000,000 to fund a portion of the needed capital improvements. The Fiscal Year 2012 bond issue is expected
to partially finance the projects.
The date of issuance will be determined at a later date based on market conditions.
The Water and Sewer fund will be incurring expenses on these projects prior to the issuance of the bonds.
This reimbursement resolution will allow the City to be reimbursed from the Bond proceeds.
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 # 15
Attachment number 1
Page 1 of 2
RESOLUTION NO. 10-22
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE
TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has
determined that the need exists to construct certain capital improvements to the City's water and
sewer system together with engineering work regarding the water and sewer facilities, more
particularly describe on Exhibit A attached hereto (collectively, the "Project");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is
adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to
be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid
by the Issuer in connection with the construction of the Project. Pending reimbursement, the
Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other
funds legally available to pay a portion of the cost of the Project. It is not reasonably expected
that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid
with respect to the Project will exceed $24,000,000.00. This Resolution is intended to constitute
a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax
Regulations.
Resolution 10-22
Item # 15
Attachment number 1
Page 2 of 2
SECTION 3. SEVERABILTTY. If any one or more of the provisions of this Resolution
shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any
other provision of this Resolution, but this Resolution shall be construed and enforced as if such
illegal or invalid provision had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in
conflict herewith to the extent of such conflicts, are hereby superseded and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this day of , 2010.
Frank V. Hibbard
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
(SEAL)
Resolution 10-22
Item # 15
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER
Water & Sewer Utility Fund - 421
Projects for 2011 Revenue Bond Reimbursement Resolution
October 7, 2010
Water & Sewer Projects Per FY2011 Capital Improvement Budget Planned with at Least Partial Funding with 2012 Revenue Bon;
Proceeds Plus Estimated Energy Savings Projects
Project Total Projects to be
Project Title Number Funded for 11 & 12 FY2011 FY2012
WWTP Generator Replacement 96619 $ 200,000 $ 200,000 $ -
Water Pollution Control R & R 96664 2,512,000 900,000 1,612,000
Sanitary Collection & Transmission R & R 96665 3,500,000 500,000 3,000,000
Line Relocation - Capitalized 96742 800,000 600,000 200,000
Reverse Osmosis Expansion - Reservoir #1 96764 9,000,000 9,000,000 0
Reverse Osmosis @ Reservoir #2 96767 1,796,930 1,296,930 500,000
Groundwater Replenishment Facility 967XX 1,536,280 768,140 768,140
Automated Meter Reading 967XX 6,000,000 3,000,000 3,000,000
Estimated Energy Savings Projects 966XX 9,000,000 9,000,000
34,345,210 $ 25,265,070 $ 9,080,140
Less funding with cash from operating revenues (10,s34 x,210)
Funding with bond proceeds $ 24,000,000
Item # 15
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/5/20 10
Award a purchase order to CALE Parking System USA, Inc., Tampa, FL, in the amount of $243,600, for twenty-four (24) Multi-
Space Pay and Display parking meter units, to replace the existing units in the Pier 60 and South Gulfview lots, install new units in
the Rockaway lot and authorize the appropriate officials to execute same.
SUMMARY:
The existing units were purchased in 2008 through RFP 38-07 (Model MP-104 XL), thereby eliminating the attendant parking
operation on south beach.
Approximately $1 million is collected from the Pier 60 and South Gulfview lots annually. The replacement units have a larger
currency stacker, which doubles the capacity. This will enable the machines to operate over busy or extended weekends and will
eliminate the need for overtime to service the units and less time spent collecting during normal work hours.
The existing units will be relocated to various beach off-street parking lots replacing the single space traditional style parking
meters.
Rockaway parking lot is a very busy location and currently operates with single space meters. Replacing these meters with the pay
stations will provide the convenience of various payment options and eliminate the need to collect/service the meters during busy
periods.
There are minimal monthly wireless fees and equipment parts/repair costs.
The vendor has agreed to 2008 pricing (per the original RFP) and includes an enhanced display with 4 lines of text.
It is impractical to bid a different system as it is more cost effective for the units to be standardized for parts, service, and
operations.
Funding for this purchase is included in the approved 2010/11 Parking Fund CIP Budget (315-92636).
Type: Purchase
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: $243,600 Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: 2010 to
Appropriation Code Amount Appropriation Comment
None
Cover Memo
315-92636-565000-545-000 243,600
Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5?t (# JA4anagement
Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk
Deliver to:
Parking Systems
Attn: Parking Meter Shop
28 N. Garden Avenue
Clearwater, FL 33755-
Supplier:
CALE PARKING SYSTEMS USA INC
21925 US HWY 19 N
CLEARWATER, FL 33765-
Attention: 24 Hour advanced notification required on all
shipments to the City of Clearwater locations.
Attachment number 1
Page 1 of 1
A Page 1 of 1
r?
4 Purchasin Division
?y 9
P.O. Box 4748
Clearwater, Florida 33758-4748
Florida Sales Tax Exemption Certificate No. 85-8012740095C-1
Federal Excise Tax Exemption No 59 6000289
PURCHASE ORDER ST104249
Required Date 20-March-2008
CITY OF CLEARWATER
100 S. MYRTLE AVE.
P.O. BOX 4748
CLEARWATER, FL 33756-5520
Direct all communications on this order to: Tracey Bruch
Terms: Net 30 days F.O.B.: DEST
Order Purchase
Line Quantity Unit Description Price Total Price
1 17.00 EA MULTISPACE METR $10,150.00 $172,550.00
17 Pay & Display Multi-Space
Parking Meters
DISCOUNTS: On any Discount, time will be computed from date of
satisfactory delivery of all items of from date correct invoice is received, Total Amount $172,550.00
which ever is the later date.
The City of Clearwater may cancel this order, either orally or in writting, at no cost to the City, if any
items do not arrive by the date required and/or if any items do not conform to specifications.
Non-conforming items will be held for thirty (30) days, pending receipt of disposition instructions
from vendor, after which time they will be disposed of a surplus city-owned property.
Purchasing Manager
Item # 16
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date: 10/5/20 10
Approve contract with Northeast 11, Inc., DBA TC Delivers of Tampa, FL, in the amount of $470,000 for utility bill printing and
mailing and for mail processing services and postage for the City of Clearwater from November 1, 2010 through October 31, 2011
and authorize the appropriate officials to execute same.
SUMMARY:
In 2009, following an RFP (Request for Proposal) process to print, apply postage and mail utility bills and to pick-up, process and
apply postage and mail general city departmental U.S. mail, the City selected Northeast II, Inc. as the vendor of choice and
awarded a contract for the services. The terms of the contract provided for two (2) one-year renewals of the contract at the option
of the parties. This is the first of those renewals.
The terms of the contract provide for:
- Printing, processing (including insertions as required), affixing postage and mailing of city utility bills
- Vendor provides all bill stock and envelopes (mailing and return)
- Pick-up, processing, affixing postage and mailing of city department mail
Estimated costs are:
Mail and Printing Services - $92,000;
Postage: Utility Bills - $274,000;
Postage: City Departmental Mail - $104,000;
Total: $470,000
Funding is available in Fiscal Year 2011 budget. Mail and Printing Services will be charged to 0555-09872-530300-519-000-0000
and charged back to the appropriate departmental cost centers. Postage for City of Clearwater Utility Bills will be charged to 0555-
09884-542500-519-000-0000. Postage for City Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and
charged back to the appropriate departmental cost centers.
This contract will be monitored and will be reviewed annually. This contract has one (1) one (1) year extension option remaining
with the consent of both parties.
Type:
Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $470,000
Not to Exceed: $470,000
For Fiscal Year: 2010 to 2011
Appropriation Code Amount
0555-09872-530300-519-000- $92,000
0000
Budget Adjustment: None
Annual Operating Cost: $470,000
Total Cost: $470,000
Appropriation Comment
Mail & Printing Services It@Ill # 17
0555-09884-542500-519-000-
0000
0555-09872-542500-519-000-
0000
Bid Required?: Yes
$274,000 Postage-Utility Bills
$104,000 Postage-City Departmental Mail
Bid Number:
RFP 27-
09
Other Bid / Contract: Bid Exceptions: None
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 # 17
Attachment number 1
Page 1 of 11
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Item # 17
Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept funding totaling $207,660 from Coordinated Child Care and approve the corresponding agreement for youth and teen
programs and authorize the appropriate officials to execute same.
SUMMARY:
The City of Clearwater Parks and Recreation Department has been awarded funding totaling $207,660 for Fiscal Year 2010/2011
from Coordinated Child Care.
Since the program began in 2000, the JWB (Juvenile Welfare Board) Children's Services Council of Pinellas County was the
contract agency. JWB is granting all of the youth development, out of school time funding to Coordinated Child Care, a non-profit
and 501 c (3) agency. JWB has consolidated many of these types of programs under one administrative service agency.
The Clearwater Parks and Recreation Charting a Course for Youth program was developed to nurture youngsters at Clearwater
neighborhoods in which youth need the most direction. The program leaders have developed a safe haven for community teens and
pre-teens, ages 9-14, at Ross Norton Recreation Complex and North Greenwood Recreation and Aquatic Complex.
The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to
encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the
participants.
There is no requirement to continue the program when the grant ends. Council approval is required for each year of the agreement.
Type: Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Funding from Coordinated Child Care.
Current Year Cost: $207,660
Not to Exceed: $207,660
For Fiscal Year: 2010 to 2011
Budget Adjustment: No
Annual Operating Cost: $207,660
Total Cost: $207,660
Appropriation Code Amount Appropriation Comment
181-99872 $86,288
181-99873 $121,372
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Financial Services 5) Clerk 6) Assistant City
Approval: Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 22
AGREEMENT
Between
COORDINATED CHILI CARE OF PINEL.LA , INC.
and
City of Clearwater, Florida, 'arks and Recreation Department
Out or Time Program- (O T)
ire ,;7'r r 11 her e ru t as "C id C:It
Der-,I- -I afrEl ?; to as rt icier", I" ?Yl It,
nts refe I i ein, for I ? perio i , !°11. b;-
2011STAill
Provi , I ernploy si,ll, at it E services provided it 6 1 ce with this
Air e ?1 f11 ,I d!arldual s -1 Al r t be c4o1 -.:i i -1i l .yi l)s of C or tf Ji I-I L? ,I°i,''he
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al i c 1 nee with ?'i. l ld pi gram rrltt'i ,'(,logy job descriptions on III at and A
1 'v IILI, are subisIit', 1 111 FY 10-11 n:- I it year,
SERVICES
IV.
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Provider agrees to deliver services a e Prr)vid .r Hl- I r annill hlf- rll ler'FAr°!th( ?Ininrr)wl l
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FUNDS
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Attachment number 1
Page 2 of 22
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TERMINATION
A, It is the gntent of the ("CCIA(l3 to assi r jstert qnd orde0w -nj of L.„ i 1 s i the
further intent of CC CIJVVBto teri-ninat I ? ii _ i in thus-1 si, ? „ here i !t?ai
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Attachment number 1
Page 3 of 22
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Item # 18
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Item # 18
Attachment number 1
Page 10 of 22
Clearwater, Florida, Parks :end Rec rUjatk?:; "
Out of School Time P; .cjrarrt- (u ?; )
E l1 I,! E TIVE s- "'ERVI E LEVELS
` 10-11
( ALjh:$r 1, 2010 to i". ?r 0, 201°1)
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Item # 18
Attachment number 1
Page 11 of 22
SPECIAL C-DITIONS
Item # 18
Attachment number 1
Page 12 of 22
D E' f
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Item # 18
Attachment number 1
Page 13 of 22
hQRM
CHARTING THE COURSE FOP YOUTH CST
CURRENT PROPCS'ED OPERA`. :NO RUDG 7
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Attachment number 1
Page 14 of 22
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Item it 18
Attachment number 1
Page 15 of 22
FORM
HARTHN THE COURSE FOR 'Y O71-1-OST
SA L", R 'Y" PAID FRINGE RE 'P . 7 ION.
I tom, AL YEAR 10-11
I Gross :Aar-,, I Frir rs J W8 e ?t J1, S cal ?
posMan Salary Pi Pc _,,..
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Item # 18
Attachment number 1
Page 16 of 22
FUF.M
CP%RnN'O THE C(I°IRSE FORYCt.fTMO T
F1' AND FRINGE I'KEPAIRATICN bJr6k;I;P IVE
IFI A Y7AK 1 Y-11
CERIVA .MN OF FEEw E< AND LJNF!Tk A" 5 P _,7" INN
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tervices $21100 12%,
""` Item it 18
Attachment number 1
Page 17 of 22
i icip,iiit '-
DERIVATION Of ? i I N i l E, C,
JUS1 PICA.TION
IN ^.SF'D C _EA E . -; r_ 7E
I "ION.
PERCEN"T"
INCREASE/
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Item # 18
Attachment number 1
Page 18 of 22
I)El I,ti l':r r? ,;'i I i !_Ir Glls F .=??"11
JUS 11 1(' 710N OF eAv I N ;F A?(El
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Item # 18
Attachment number 1
Page 19 of 22
FORK
Charting the nfws e for` (,_;tr, C"-,T
OUR F" C,F RF,:','l-A U
09-10 1 09.10 i 1_
Budget 11111- 1, Total -'• r: 1
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Item # 18
Attachment number 1
Page 20 of 22
ORM6
Charting tote COW'3e for Youth- T"
M fRGE-S t)F REVENUE
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Item # 18
Attachment number 1
Page 21 of 22
Q , g r_
END O PRA ''? l L'Ul, k x i
Item # 18
Attachment number 1
Page 22 of 22
ATTA 4 s e't EIN i
ti mc)ri t n wt:
Item # 18
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Khors Construction of Thonotosassa, Florida, Bid 10-0042-PR, for the sum of $536,127.52 (including
alternates 16 and 17 and 10% contingency) and approve a change order deduction in the amount of $24,369.44 for a net contract
amount of $511,758.08 for the renovations of the beach lifeguard building located south of Pier 60 on Clearwater Beach; approve
funds of $116,285 be transferred from un-appropriated retained earnings of the Parking Fund to CIP 315-93411 at first quarter and
authorize the appropriate officials to execute same.
SUMMARY:
On March 31, 2010, the City Council approved establishing a new Capital Improvement Project entitled "Clearwater Beach
Lifeguard Building Renovations" (CIP 315-93411) for $455,700 to be funded from un-appropriated retained earnings of the
parking fund.
The scope of the project was to provide renovations to accommodate the beach lifeguards and their rescue equipment as well as a
small area for parking equipment. The existing building was built over 20 years ago and has required constant maintenance to
repair weathering issues, aesthetics and plumbing issues.
This contract will provide for renovations of the existing building including, enhanced storage areas on the ground floor, staff
lockers, work areas, bathroom and showers on the second floor and observation post and staff/work room on the third floor. The
building will increase from approximately 1,800 sq. ft. to 2,280 sq. ft. and utilize the same building footprint.
The City was denied a waiver of the ADA (American with Disabilities Act) requirements to provide access to the second and third
floors. In order to comply with ADA requirements, this contract includes a widen stairwell to accommodate an automated
handicap wheel chair lift. Cost of the lift (alternate 16), additional wide stairwell as well as other ADA improvements to the
building, added approximately $85,675 to the contract.
In addition, there is a $25,000 allowance (alternate 17) included in the contract for structural modifications required to raise the
existing building above base flood elevation, from 13.7 feet to 14 feet (or 3 1/2 inches). A waiver of this requirement is being
requested at the Board of Adjustment and Appeal for Building and Flood. If approved, the $25,000 will not be required.
Due to additional costs, the project now exceeds $500,000 and a public art fee of $5,610 is required.
The change order deduction is to reduce the contingency from $48,738.87 (10%) to $24,369.43 (5%).
Due to these unforeseen requirements, staff is requesting an additional $116,285 from un-appropriated retained earnings of the
parking fund be transferred to the project 315-93411 at first quarter to cover the additional costs of this project.
This project is awaiting approval from the Community Development Board (CDB) in October for a rear setback reduction from the
Coastal Construction Control Line (CCCL) of approximately 22.9 feet. Denial of this request will result in the project not moving
forward.
Contingent upon the CDB's approval for a rear setback reduction and Council's approval of this item, the contractor will begin
work immediately and be completed prior to Spring Break. During construction, life guards will work out of a temporary office
located in Pier 60 Park and at the Clearwater Beach Aquatics Center.
Cover Memo
Type: Capital expenditure
Item # 19
Current Year Budget?: Yes Budget Adjustment: Yes
Budget Adjustment Comments:
Need to increase CIP budget 3158-93411 at first quarter by $120,000, from inappropriated retained earnings of the parking fund.
Current Year Cost: 511,758.08 Annual Operating Cost: 5,000
Not to Exceed: 511,758.08 Total Cost: 516,758.08
For Fiscal Year: 2010 to 2011
Appropriation Code Amount Appropriation Comment
315-93411 511,758.08 This includes additional funds to be approved.
Bid Required?: Yes Bid Number: 10-0042-
PR
Other Bid / Contract: Bid Exceptions: None
Review 1) Legal 2) Clerk 3) Assistant City Manager 4) Parks and Recreation 5) Clerk 6) Assistant City Manager 7) Clerk 8) City
Approval: Manager 9) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 15
BOND NUMBER:
OONT CT BOND
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
OW ALL MEN BY THESE PRESENTS: That we OR'S CONSTRUCTION, INC.
Contractor and ALLEGHENY CASUALTY COMPANY (Surety) whose home address is ONE
NETWORK CENTER, 20TH FLOOR, NEAIZI{, NEW JERSEY 07102
BEACH LIFEGUARD STATION REMODEL 10®0042-PR
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Page 1 Item # 19
Attachment number 1
Page 2 of 15
CONT CT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2010
ATTEST:
oR'S CONSTRUCTION, INC.
CONTRACTOR
By:
SURETY
WITNESS: By:
COUNTERSIGNED:
ATTORNEY-IN-FACT
Page 2 Item # 19
Attachment number 1
Page 3 of 15
CONTRACT
This CONTRACT made and entered into this day of , 201 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
KHOR'S C NSTI2UCTI®N, INC. of the City of T N T®SASSA, County of
HILLSBOROUGH and State of FLORIDA hereinafter designated as the "Contractor".
WITNESSETII:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
BEACH LIFEGUARD STATION REMODEL 10-0042-PR IN THE AMOUNT ®F: FIVE
HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED TWENTY-SEVEN DOLLARS
AND FIFTY-TWO CENTS ($536,127.52)
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
Page 3 Item # 19
Attachment number 1
Page 4 of 15
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
day= shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Page 4 Item # 19
Attachment number 1
Page 5 of 15
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
Attest:
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Rosemarie Call
City Clerk
Approved as to form
(Seal)
Camilo Soto
Assistant City Attorney
(Contractor)
By: (SEAL
Page 5 Item # 19
Attachment number 1
Page 6 of 15
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FO
STATE OF
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE) of OR'S
CONSTRUCTION, INC. a Florida Corporation, with its principal place of business located at 12222
NE NIA DRIV T ONOTOSASSA, FLORIDA 33592 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the day of
201_, with the CITE' OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
BEACH LIFEGUARD STATION MODEL 10®0042-PR
That said work has now been completed and the Contractor has paid and discharged all subcontractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
OR'S CONSTRUCTION, INC.
AFFI T
This day of , 201
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
Page 6 Item # 19
Attachment number 1
Page 7 of 15
PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
The condition of the above obligation is such that if the attached Proposal of
Khors Construction, Inc. aS Principal, and RLI Insurance company _ as
Surety, for work speeifiedas: 10-0042PR, Beach Life Guard Station Remodel
Converting 2 story building ,to 3 story h ai 1ding
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder sball within ten days after notice of said award enter into a
contract, in writing, and furnish the required Performance Board with Surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be iA full force and virtue
by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this 1 6thday of September e 2010 .
(Principal must iodzcatewhether Khors Construction, Inc.
corporation, partnersbip, company L
f
or individual) `
]Principal
The person signing shall, in bis own r
handvaiting, sign the Pri acipars By---
name, bis own name and his title; Title
the person si ° g for a corporation
must, by affidavit,show his authority Allegheny Casualty Company
to bind the corporation.
S1rety id B. shicK
Attorney in Fact/FL Resident Agent
SecbonV_doc Page? of 14 Revised: MV2008
Item # 19
i'd b?LBL£6LZL 8U6A menu oAi s i n-(?n n i i o dec
Attachment number 1
Page 8 of 15
ss? -
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
h
name of Notary
Title or rank, and Serial No., if any
Revised: 7/2212008
STATE OF FLOW k i )
COUNTY OF
being duly sworn, deposes and says that he/she is
n
-Secretary of
a corporation orgawzeo and existing under and by virtue of the laws of the State of Florida, and having
its principal office at;
Street & Number city County State
Affiant further says that he is familiar with the records, minute books and by-laws of
(Name of Corporation)
Affiant fi3rther says that is ? f
(Officer's Name) (Title)
of the corporation, is duly authorized to si the Ms al for yt x.; "" k X ®-- n-r
for said corporation by virtue of
(state whe ea provision of by laws or a Resolution of the Board of
Directors. If by Resolution give date of adoption).
777 Affiant
Sworn to before me this ? day of i _ 20
Notary Public
T C1 A. HARPER
MV COMMISSION # EE010.
EXPIRES July 19, 2014
° OF ?.? S?PVECQ.COR1
(407)398-0153 FlorodaNotary
Item # 19
Attachment number 1
KNOT' AL-,._ .ESE 1 That ALLEGHENY CASUALTY 6:tb?t1f"ANY, a corporation orvanizeo and ex q >tiiw pure uant to the law s
of the State o : c 'id hav in, ii 'pal office to the Citt of teew ark. New tessev, does hereb con stitute and appoint
?'??'YVrstt ?i ,
ai Ott, alf ai W 11 tin _
at in -d t
cy f• C I t;
aj''.j` In t7. .?
,A-
issa, kedf »ur ant i at at! I' o . ,`,. i. 3e of the Hv-L >v the Board of
Cot a i its a11b ?ort 1974. '
utt under and by authority of the followino resolution adopted M the Boaid of ALLEGHENY' CASUALTY
Ce ; ti of
RESOI -
ha, the
to tevoi
to execs
written VL a .,u
,ntro7 cu.,to,
joint-
,
force anti
rQwiJAZ°? .
; a•
IN F'ES"I2vIC):v Y WT [ItEC7k
9 ?
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h
signed and its corporate sea! to A th
be
109.
_.... '. as G )NIPA Y
Cot
On this 12th d, l(' her e the it a n
sworn, said the =tc tr A-, (j
said instrument is the Corpora te Sea4 a v
said C>nipan).
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it
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By 1., s, forth i,t th O
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7N FLT nc this 16ffi day of i qs$.eY 010
Item # 19,
A?;
Attachment number 1
Page 10 of 15
V-
NON-COLLUSION AFFIDAVIT
e.
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STATE OF FLORIDA )
N COUNTY OF
e N
i @ t s q a? being, first duly sworn, deposes and says that he is
of \, pI???
the party snaking the foregoing Proposal or Bid; that such Bid is genuine and not collusive or shame
that said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this day of 20
SectionV.doc
ti
r
__
STAC119 A. HARPER
MY COMMISSION # EE010197 Notary Public
9 '®Fgv EXPIRES July 19, 2014
(407) 39M153 FlorodaNotary&erme.ccm
Page 9 of 14 Revised: 7/222008
Item # 19
Attachment number 1
Page 11 of 15
F.
n
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
4 Beach Lifeguard Station: Remodel - PROJECT #: 10-0042-PR
-?' and doing such other work incidental thereto, all in accordance with the contract documents, marked
Beach Lifeguard Station Remodel Drawings and Technical Specifications develop by Fowler
Associates Architects, Inc.
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder
is hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
t ? agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds-for the following prices to wit:
t,
. SectionV.doc Page 10 of 14 Revised; 7/22/2008
Item # 19
Attachment number 1
Page 12 of 15
T....
PROPOSAL.
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
i
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's
improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman,
agent, supplier, or employer is contingent upon the award of the contract to the bidder).
NAMES: ADDRESSES:
Afi
Signature of Bidder '
(The bidder must indicate wbetheCorporation,'artnersbip, Company or Individual).
Y
SectionV.doc Page 11 of 14 Revised: 7/2222008
p
Item # 19
Attachment number 1
Page 13 of 15
5
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I
5
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
affidavit, show his authority, f- !',,!,ad the co!_ n.
Principal:
By: _ e Title:
t ?
Business Address of Bidder: , +w I s'
City and State fl( Zip Code
Dated at -... $ ;... this day of A.D., 20 rte"
FSectionV.doc Page 12 of 14 Revised: 7/22/2008
Item # 19
F:
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a
i
Attachment number 1
Page 14 of 15
CITY OF CLIE.A.RWATER
ADDENDUM SHEET
PROJECT: Reach Lifeguard Station Remodel - PROJECT #: 10-0042-PR
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. + Date:
P
Addendum No. Date:
Addendum No ' Date: _--_
Addendum No. Date: .
Addendum No Date:
Addendum No Date:
Addendum No Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:-
.t d
111
ofsi3idder}
(Signature'?f Officer)
( itle of Officer)
f (Date)'
SectionV.doc
Page 13 of 14
Revised: 7/22/2008
Item # 19
Attachment number 1
Page 15 of 15
Bidder Proposal-Addendum No. 7
Project: Beach Lifeguard Station
Bad Items
Architectural EST
QTY Unit UNIT PRICE TOTAL
Construction of the Beach Lifeguard Station Remodel, Project No. 10-0042-PR
from 2 story to 3 story building and all associated items required per drawings an
technical specifications and al other items not included in bill of quantities listed
bellow 1 LS $ 361,763.10 $ 361,763.10
Site Civil
Saw Cutting, removal of existing concrete slab & dispose off site by the contractor 1600 sq. F $ 2.50 $ 4,000.00
Install temporary construction fencing and silt fencing of the Beach Lifeguard
Station site arearcontractofs staging and temporary lay down area 625 LF $ 4.80 $ 3,000.00
emovT o existing trees, , palms, other s ru s to e determined the pre-
bid meeting, relocated per the direction of the owner in the vicinity of Beach Walk
1
and approxlmately 1500 ft of existing lifeguard Bldg. 1 LS $ 3,000.00 $ 3,000.00
Clearing & grubbing included extending irrigation lines and providing necessary
irrigation sieeving for a complete operational irrigation system at the end of the
project. Coordinate irrigation work with the Owner's irrigation technician 1 LS $ 2,500.00 $ 2,500.00
Adjust and modify existing catch basin provide marif geotech fabric around catch
bas in grate during construction period 1 L $ 1,200.00 $ 1,20n no
Install 12" cast iron storm drain pipe including fittings required 15 LF $ 66.67 $
ns a pres ope rent !ramp to Catch basin include stainless s ee rain
covers per detail photo 50 LF $ 40.00 $ 2,000.00
Provide sidewalk road close sign& project sign (M.O.T.) for duration of project 3 EA $ 400.00 $ 1,200.00
Adjust existing valve boxes an o eanou s to proper grades prior to new concre e
slab pour. 9 EA $ 200.00 $ 1,800.00
Grade site as necessary to match existing grades of: concrete sidewalks curbs,
proposed trench drain, building slab; to install new concrete slab in match Beach
Walk of color & texture; provide expansion joints, saw cut contraction ioints in
matching Beach Wall install 3,000psi concrete with commercial fiber mesh 2500 Sf $ 7.00 $ 17,500.00
1" electrical conduit provide cap ends and place 2 -flinch junction boxes 150 LF $ 5.00 $ 750.00
u
15' electrical conduit 150 LF $ 5.17 $
2" electrical conduit 200 LF $ 6.00 $ 1,200.00
4" electrical conduit 100 LF $ 7.00 $ 700.00
Restoration of all disturbed areas including contractor's staging and lay down are
Includes repair of existing irrigation system & laying Bahia sod as necessary 1 LS $ 5,000.00 $ 5,000.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
nea--
erna a ins aua con 31' AUA Chair lifts an daily associated costs o the c it
lie system
1
LS
$ 55,000.00
$ 55,000.00
Structural Modifications as directed by the structural engineer allowance 4 LS $ 25,000.00 $ 25,000.00
Sub-total of items 1-17 5 LS $ -"-48,
10% Contingency of Sub-Total line 18 6 LS $ ;
TOTAL CONSTRUCTION COSTS (Items 1-17 plus 10% contingency) ^ -+
CONTRACTOR: KHORS CONSTRUCTION, INC. 12222 Anne Kenia Drive Thonotosassa, FL 33592
BIDDER'S TOTAL $ °5'36,126.9,7 numbers ? ,1 i
BIDDER'S TOTALfive hundred thirty-six thousand one hundred fwe'hLy ri:ira n° - wc;,, -r'
,ins
THE BIDDER'S TOTAL ABOVE IS HIS BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES
REQUIRED. THIS FIGURE IS FOR THE INFORMATION ONLY AT THETIEM OF OPENING BIDS. THE CITY WILL MAKE THE TABULATIONS
FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER IT SHALL BE CHANGES AS
ONLY THE UNIT PRICES AND LUMP SUM PRICES SHALL GOVERN
10% contingency shall be utilize only upon written request by the contractor for additional scope of work not included in the bill of quantities to the
Owner.. written approval by the owner for the additional scope of work in the utilization of the 10% contingency, any funds not utilized shall be
returned to the owner upon close out of the purchase order short.
Item # 19
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Attachment number 2
Page 2 of 2
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $260,000; Ingram Library Services, Atlanta, GA -
$185,000 for the purchase of library books and other materials for the contract period October 1, 2010 through September 30, 2011
and authorize appropriate officials to execute same.
SUMMARY:
Blanket Purchase Orders for Baker and Taylor and Ingram Library Services are for the acquisition of books and audio visual
materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and
availability.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
$445,000
Annual Operating Cost: $445,000
Total Cost: $445,000
For Fiscal Year:
2010 to 2011
Appropriation Code Amount Appropriation Comment
0315-93527-564400-571-000- $445,000
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 # 20
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint to the unexpired terms currently vacant on the Brownfields Advisory Board: Joseph DeCicco in the Agency or
Government Representative category, to complete term until May 31, 2012 and Barbara Green in the Resident category, to
complete term until May 31, 2011.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 2
STAFF LIAISON: Diane Hufford
SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields
Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents
of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the
Brownfields remediation process within Pinellas County and need not be Clearwater residents
THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED AND NOW REQUIRE REPLACEMENT BY A NEW
APPOINTEE.
1. Joyce Gibbs - 1343 Whispering Pines Drive, 33764 - Env. Science/BA
Natural Science
Original appointment - 6/17/2004
Resigned October, 2009 (No longer with Pinellas County Gov.)
(was serving 2nd term until 5/31/2012)
(Agency or Gov. Rep.)
2. Sioux Hart - 630 Fairmont St., 33755 - Financial Services
Original appointment - 9/6/2007
Resigned 5/19/10 - (Moved to CA)
(was serving 1st term until 9/30/2011)
(Resident)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Joseph DeCicco - City of Clearwater/Engineering Dept. - Environmental Specialist
(Agency or Gov. Rep.)
ver M o
2. Barbara Green - 1101 Fairburn Ave., 33755 - President & CEOEmployer: Homeless Emergency Project, 1120 orth ''etty
Lane, 33755 Item # 21
(Resident)
Zip codes of current members:
3 at 33755, 1 at 33761, 1 at 33764, 1 at 33765, 1 at 33782
Current Categories:
2 Agency or Government Rep.
3 Business Owner or Rep.
2 Resident
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
Name: Joseph DeCicco
Home Address:
6889124 th Avenue
Largo, Florida 33773
Telephone: (727) 643-2500
Office Address:
100 South Myrtle Avenue, #220
Clearwater, Florida 33756
Telephone: (727) 562-4745
Occupation: Environmental Specialist
Field of Education:
Geology
Community Activities:
Other Interests: Camping, Fishing, Boating, Sports
Board Service (current and past):
Addition I Commen
Signed: r
Category Applying For:
Employer: City of Clearwater
Other Work Experience:
Environmental Consulting
Board Preference:
Date: C ('s ( I
( X) Agency involved in Brownfields redevelopment
( ) Business Owner ( must own a business within the Designated brownfield Area)
( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Please return this application and board questionnaire to the Official Records & Legislative Services
Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall,
2nd Floor, 112 S. Osceola Avenue.
R
AL 13 2010
OFFICIAL e-COkbs ;04B Item # 21
1 WSLA'0* 5PVCS DEPT
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
It is my understanding that the advisory board reviews Brownfield provides planning and
decision making regarding projects in Brownfield designated areas of the City. The
Board also submits Brownfield-related proposals and projects to the City Council.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Yes, I have.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I am an environmental geologist by profession and I am currently employed as an
Environmental Specialist for the City of Clearwater. I have performed a variety of
professional services for several Brownfield sites in Florida.
4. Why do you want to serve on this Board?
I believe that the Brownfields Program is a great way to redevelop and use sites that
have been abandoned or may be being underused due to past history. It is also an
effective way to remedy contaminated sites for future uses.
Name: Joseph DeCicco
Board Name: Brownfields Advisory Board
Item # 21
Attachment number 2
Page 1 of 2
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
Name.
Home Address:
O o 1 TL,#-6orv-,
<??a.-e r Zip 357 5 S
Office Address:
w2_0
_0 ozC"l.. L-?`R--
?cczrwa ?e r Zip
S37S5
Telephone: (Zz?? ?41 t> -q52. 0 Telephone: (7Z7?
How long a resident of Clearwater? 61 ?!e-s
Occupation :??,ru Employer: ?ko os . 16NC ?e.K" IeGi'
Field of Education: Other Work Experience:
If retired, former occupation: 0 /A
Community Activities,
U"
"h -.
Other Interests?j' S - -,- L_
Board Service1 (current and past;::l Board Preference:
C int of Glccirk? -c?- Ce+iZC?.s CiMM
Ad o nts:
Signed:
Category Applying For:
) Agency involved in Brownfields redevelopment
Date: 1111010
Business Owner ( must own a business within the Designated Brownfield Area)
?) Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Please return this application and board questionnaire to the Official Records & Legislative Services
Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your a lication at City Hall,
2nd Floor, 112 S. Osceola Avenue. RECHVED
JUL 12 2QM
OTIRCIAL RE CORDS AND
LEGISLA'tl`yE SAVC5 D tem # 21
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.U t,4 '7"Li L c? r,-. rv?,n t? • e? S ct-,Az l `? cl e S.
2. Have you ever observed a board meeting either in person or on C-View, the City's
N station?
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
40
G?U?e?? oo+n..e v?'l ?-tC f?cr+ -e vt c?¢+_ l L
4. Why do you want to serve on this Board?
`Zwc? ?+? off' s gLc F?.-t ?S
Name: I, Lir{pam G(-eeys-,
Board Name: GearwaI4 l a uwAs,J ,
Item # 21
?- Meeting Date: 10/5/20 10
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint Patricia Power to the Environmental Advisory Board to fill the unexpired term currently vacant until September 30, 2012
and reappoint D. Michael Flanery, as he wishes to be reappointed and there are no other qualified nominees, with term to expire
September 30, 2014.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Robert Peter Stasis
MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm
PLACE: MSB Conf. #221
STAFF LIAISON: Edward F. Chesney/Engineering
APPTS. NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE(D) AND NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE
1. Anna M. Fusari - 451 Douglas Ave., Dunedin, FL 34698- Original Appointment 2/7/08
Resigned 5/3/10 - (was serving 1st term to expire 2/28/12)
2. D. Michael Flanery -1836 Venetian Point Dr., 33755 - Original Appointment 9/5/02
Interested in Reappointment: Yes (Ending 2nd term 9/30/10)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Patricia Power - 745 Bruce Ave., 33767 - Real Estate Agent
*No other qualified nominees on file
Zip codes of current members:
1 at 33755
3 at 33761
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: D. Michael Flanery P.E., M.P.H.
Home Address: 1836 Venetian Point Dr. Office Address:
Clearwater, FL 33755
Zip
Telephone- 727-442-3524 Telephone:
Cell Phone: 727-215-5267 E-mail Address:mike@flanery.org
How long a resident of Clearwater? Since 1975 (34 years)
Occupation: Civil / Environmental Engineer Employer: Retired - not currently employed
Field of Education: Other Work Experience:
BS Engineering - Civil Option, Calif 1969
Masters degree in Public Health, USF, 2006
If retired, former occupation: Civil and Environmental Engineer
Community Activities: Board - Willa Carson Health Resourece Center, Board- Community Pride
Child, Care Board of Pinellas Living Green Expo
Other Interests: Sustainability, Health, Enviroment
Board Service (current and past): Board Preference:
Brownfields Board 1999-2000 Community Development Board
Environmental Advisory Board 2001-to Present Environmental Advisory Board as alternative-
Additional Comments: If appointed to CDB I realize I must resign from EAB.
Florida Professional, ineer # 21280. Member Florida Engineering Society.
Signed: ???- - J Date: s2 ,7Z0 7-7
.7 7 See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your applicatit pity Hall, 2nd Floor, 112
S. Osceola Avenue. '
FEE 17 2009
OFFICIAL RECORDS ANktem # 22
LEGISLATIVE SRVCS O PI,
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? _Yes, Conducts
public To hear and decide certain development requests that are not within discretion of city staff;
Conducts design review, evaluates historic applications, reviews requests for land use plan changes
and rezonings, and serves as Local Planning Agency to review and advise Council re the City's
Comprehensive Plan.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station?
Yes, including addressing the Council as the Chair of the Environmental Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Chief Engineer of the Pinellas County Water Systems 1973- 1989 where I was involved in one way or
another to most all aspects of residential and commercial development including right of ways,
surveying, utility coordination, zoning, construction techniques, etc.
Director of Engineering, Pinellas County Health Dept., 1989-2007 again involved in engineering
issues including Water Supply (regulating all Pinellas water systems), swimming pools, septic
systems, Healthy Beaches, petroleum cleanup, brownfields, etc.
4. Why do you want to serve on this Board?
To use my particular knowledge and experience to serve the City in helping to keep Clearwater a
great place to live work and work, and to continue to be active in Engineering and associated fields
that I enjoy.
Name: D. Michael Flanery
Board Name: Community Development Board
Item # 22
Attachment number 2
Page 1 of 2
t
CITY OF CL RW TE APPLICATION FOR ADVISORY BOARDS
(mush: be Ceam,,° -iter resident)
Name: Patricia Power
Home Address:
74,5Bruce Ave
Clearwater ` Zip 33767
Telephone-,( 727) 560-0259
Cell Phone:: ( 727) 560-0259 ______.
Board Service (current and past):
Office ,address:
San S(-°4r Real Estate
1261 Gulf Blvd ZiD33767
Telephone::( 727) 560-0259 ___
E-mail Address: cwforsale@?arthlink.net
Board Preference:
Environmental Advisory Board
Additional Comments:
Signed: Patricia Power Date: 512012010_
See attached list for boards that require frnan? ciel disclosure at time of appointment. Please return this
application: and beard questionnaire to the Official Records Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Flour, 112 S.
Osceola Avenue.
Item # 22
I
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Advise and provide input to City Staff on Environmental Issues.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
I have attended 1 Environmental Advisor Board Meeting with other members of the Clearwater
Beach Association.
. What background and/or qualifications do you have that you feel would qualify you to serve on this
Board?
. Why do you want to serve on this Board?
I think the City of Clearwater could do more to protect the beaches and water surrounding the City
They are the most important features in the area and we need to do everything we can to protect
them
Name: Patricia Power
Board Name: Environmental Advisory Board
Item # 22
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: 10/5/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 23
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Homeless Strategies - Councilmember Gibson
SUMMARY:
Meeting Date: 10/5/20 10
Review Approval: 1) Clerk
Cover Memo
Item # 24
r("L I "„
..n OT i v c a-vx- I _
FIRST DRAFT CONCEPT:
Pinellas Individual Prevention & Homeless Services System:
Initial Contact, Intake, Referral 9-7-10
SAC--Tarpon Springs
NO Housing
MCMs
Access to Prevention and
Homeless Resources
COURTYARD
NORTH Referrals:
24/7 shelter
3 meals/day, show-
ers, bathrooms
[ Ongoing low-key
case management
`Work week"?
Medical?
Emerg. Shelter
Trans.Housing
PSH
Housing First
SAC-Clearwater
NO Housing
MCMs
Access to Prevention and
Homeless Resources
Courtyards tied
to an agency for
operation, over-
` . P Mescal Sexwl: ,
sight. Ail l nst R?:c?u
-----------
SACs tied to an
', agency for opera- ?°°
tion, oversight SAC ..Pinellas Park
NO Housing
MCMs
Access to Prevention and
Homeless Resources
COURTYARD
SOUTH
_ 24/7 shelter Referral
_ s:
TBIN 3 meals/day, showers, Emerg. Shelter
bathrooms Trans Housin
creates g 1
virtual, system Ongoing low-key case PSH
for management Housing First
all client, refer- Work week"?
ral , and re- Medical?
;source infor \ SAC--St. Petersburg
mation and re` NO Housing
porting MCNIs
Access to Prevention and
--------------
-•
Homeless Resources
INFORMATION ABOUT FIRST DRAFT CONCEPT
This first draft concept is created for individuals that are homeless/at-risk of homelessness. The system for
families will probably be very similar, but the Service Access Centers may be housed in separate locations.
Assumntions•
1. System changes must be based on making the current homeless services system more resource- and ser-
vice-effective, more efficient, and lead to better system/individual outcomes.
2. Any revision to the current services system has to be based on improved coordination among services
and providers, and enhancement of what we already have. We do not need to recreate everything from
the ground up.
3. Prevention of homelessness is equally important as moving those homeless into sustainable housing.
4. The same information and services will be of value to both populations.
5. The TBIN open/shared system will be the glue that holds the virtual service system together.
6. Even those most suitable for Housing First can benefit from initial information and stabilization such as
that provided by the `Courtyards' or other short-term housing/ assistance.
7. Centralizing intake and basic TBIN data entry will make the process similar for most homeless or at-
risk persons, and will save time, effort, and resources for service providers.
8. The concept of Master Case Managers (MCM) is taken from the Haven for Hope and other well-
regarded homeless systems; the MCMs will provide practical, information-driven assistance to home-
less or at-risk persons from the time they enter the Pinellas system until they are in stable housing. They
will maintain contact with clients across time and work with provider case managers as the clients move
from service to service, and into permanent housing.
9. The following questions will be asked and answered before any changes are made:
• What is the most efficient use of all resources (incl. funds) /shortens time of homelessness
• What is the most effective use of resources (incl. funds)/means to shorten time of homelessness
• Does a revised structure get us to better outcomes?
• Costs vs. outcomes
SAC = Service Access Center
• First access point/ primary location for intake/initial data entry, basic assessment, and detailed
system and resource information. Data entered into TBIN: UDEs, significant other information.
Make client ID cards.
• Initial assessment may include the Services Matrix in TBIN.
• Information about services for homeless and at-risk of homeless persons: Housing First, court-
yards, emergency shelter, transitional housing or transition-in-place, PSH, rental/ deposit/ food
assistance, HPRP, support services, Emergency Food and Shelter, SSDI, state benefits programs.
• ACCESS Florida point of entry
• Referral to appropriate services, from day services to housing to substance abuse/mental health,
to other needed services, including medical
• Master Case Managers - persons with professional credentials, excellent knowledge of local
resources. Follow clients from intake until in permanent housing and off services, providing
appropriate referrals based on strong MOUs with providers. Does initial intake, assessment, re-
ferrals, follow-along. Coordinates with provider case managers.
• May have other resources come to the SAC on scheduled basis, similar to One-Stop.
Ouestions•
• Does the transportation system make demand stops, such as for jobs, interviews, medical appointments?
• Who is responsible for performance (such as placement in housing, job, SSDI, etc): MCM or service
provider staff. Who is responsible for both negative and/or positive outcomes?
• How are we going to define the leadership model for the services system?