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11/29/2010
WORK SESSION AGENDA Council Chambers - City Hall 11/29/2010 - 9:00 AM 1. Presentations 1.1 FIPA Fall 2010 Parnell Award presented to Rob Powers, Industrial Pretreatment Coordinator Attachments 1.2 WateReuse Association 2010 Large Project of the Year Award Attachments 2. Office of Management and Budget 2.1 Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. Attachments 3. Fire Department 3.1 Approve the engineering and architectural design services work order to Architect of Record, HDR Engineering, Inc., in the amount of $651,004.00 for Fire Station 45 Renovation Project (09-0036-FI) and authorize the appropriate officials to execute same. (consent) Attachments 4. Human Resources 4.1 Approve the appropriation of $88,200 of unappropriated retained earnings from the recommended list of funds to the departmental operating budgets to provide for the disbursement of a $100-remuneration, less withholding, to each regular full-time and part-time employee represented by Communications Workers of America (CWA) Local 3179 who was employed in an active status as of October 26, 2010. (consent) Attachments 5. Engineering 5.1 Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland Street Streetscape Phase II (08-0055-EN) construction in the amount of $2,940,906.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 5.2 Approve the final plat for Country Club Townhomes, located on the south side of Drew Street between North Betty Lane and Fredrica Drive. (consent) Attachments 5.3 Approve the applicant's request to vacate the south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in the ordinance, and approve Ordinance 8231-10 on first reading, (VAC2010-07 Nichols), Attachments 5.4 Approve the applicant's request to vacate the north 5-feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue), and approve Ordinance 8232-10 on first reading. (VAC2010-08 Lee) B Attachments 5.5 Approve the supplemental engineering design services work order to Engineer of Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10-0023-UT) and authorize the appropriate officials to execute same. (consent) Attachments 6. Planning 6.1 Provide direction regarding preliminary greenhouse gas reduction targets, which will guide the selection and refined analysis of a set of greenhouse gas reduction strategies that, upon future City Council approval, will comprise Clearwater Greenprint: A Community Action Plan for Sustainability. (WSO) Attachments 7. City Manager 7.1 Approve extension of temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture A Dolphin's Tale, from December 15, 2010 until January 15, 2011, and authorize the appropriate officials to execute same. (consent) Attachments 8. Legal 8.1 Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves for legal representation in the cases of Divaco v. City, Szlechta v. City and Rudman v. City (Beachwalk Cases), in the amount of $150,000. (consent) B Attachments 8.2 Authorize the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law; authorize the appropriate officials to execute same and pass Ordinance 8233-10 on first reading. Attachments 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports Attachments 10. Council Discussion Items 10.1 Code changes requested for nonconforming uses, other. Attachments 10.2 MPO Reapportionment Plan - Hibbard and Doran Attachments 10.3 Discussion regarding regulation of amplified outdoor sound - Cretekos Attachments 10.4 Transportation Strategy - Jonson Attnchmentc 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting 13.1 Annual Utilities We Care Fund Contribution Appeal Attachments 13.2 Deputy Chief Sandra Wilson Swearing-In Attachments 13.3 Habitat for Humanity Attachments 13.4 Human Rights Week Proclamation Attachments 13.5 Turkey Trot Presentation Attachments Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: FIPA Fall 2010 Parnell Award presented to Rob Powers, Industrial Pretreatment Coordinator SUMMARY: The Parnell award serves to commemorate the tireless contribution in furthering the knowledge of industrial pretreatment in the State of Florida. This statewide award presented to Rob Powers in recognition of contributions in Workshop Organization, his service as Central Region Coordinator, and participation in the Unified Waste Manifest Subcommittee. Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Clerk Cover Memo Item # 1 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: WateReuse Association 2010 Large Project of the Year Award SUMMARY: This National Award was presented by the WateReuse Association to the City of Clearwater for contributing to the advancement of water reuse with innovative applications of reclaimed water. "Large Project" was the category, which had to be greater than 5 Million Gallons per Day, based on wastewater treatment plant capacity. This award came as a complete surprise, as staff was unaware of the nomination. Clearwater was showcased with regard to reclaimed water quality, reclaimed water uses, treatment plant capacity and flows, cross- connection controls and inspection frequency, public education and outreach, significance and contribution to the community, years in operation, size of facilities, and efficiency. The application also boasted Clearwater's effective management practices and operational benefits as well as noteworthy public/private partnerships and achievements. Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Clerk Cover Memo Item # 2 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special public hearing prior to the adoption of the capital improvement budget, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. Due to the slowing economy and anticipated loss of revenues, the City Council has reviewed a proposed list of project changes, which reduce the planned projects by approximately $19,406,160. These changes have been advertised for a public hearing date of December 2, 2010 and are outlined in the public hearing notice. Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, December 2, 2010 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2010/11 through 2019/20 totaling $87,825,840 to fund capital projects under the Penny for Pinellas Plan. Most changes to the plan have been as a direct result of the economic downturn in the economy and the need to reduce project expenditures due to the anticipated loss in revenues over the ten year period. The project list has been reduced by $19,406,160 from an initial total of $107,232,000 to a proposed total of $87,825,840 as outlined in the attached document. Primary changes include: • The Downtown Intermodal Facility project has been reduced by $2 million, from an $8 million project to a $6 million project. • The Traffic Calming project has been reduced by $1.5 million, from a $5 million project to a $3.5 million project. • The Consolidated "Eastside/SPC" Library project has been reduced by $2.5 million, from a $10 million project to a $7.5 million project. • The Countryside Library Renovation project has been reestablished in the amount of $5 million. • The City-wide Seawall Replacement project has been increased by $4 million, from $1.25 million to a $5.25 million project. • The St. Petersburg Times Property project has been reduced by $lmillion, from a $3.5 million project to a $2.5 million project. • The Downtown Streetscaping project has been reduced by $2 million, from an $8 million project to a $6 million project. • The Bayshore Boulevard Realignment project in the amount of $2.5 million has been eliminated. • The New City Hall & Parking Garage project in the amount of $7 million has been eliminated. • The Municipal Beach Parking Garage project in the amount of $8.5 million has been eliminated. • The Countryside - TBD project in the amount of $2.5 million has been eliminated. • A new project funds a major renovation and expansion of the North Greenwood Recreation Center in the amount of $1,093,840. Item # 3 Attachment number 1 Page 2 of 2 The Youth Sports Fields Renovations project has been reduced by $650,000, from a $7 million project to a $6.35 million project. This $650,000 has been diverted to the Joe DiMaggio Sports Complex project. A new project funds restrooms, storage, and concession areas at Joe DiMaggio Sports Complex in the amount of $650,000. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Item # 3 V V. C C N ? 0c Q C O L N C N C ? C a O ? C t C t N a u R G 5 ? d u ? d a ?a d ? C. cCE L ? a 5..? H d a`n+ ? > u L d C. ? I? Q' a Vl Vl M Vl Vl x N M 7 7 T x M Vl N M T N T M 7 C M t` M 7 x T Vl N 7 ^ C C C M tNn T 7 tin '? C C N ' ' M M C T t` t` ? to M C C M GO M V1 C C? V1 T vt O vt vt O ?t T C T Vl ^ M O ?t V1 C C V1 C C M N vt ? O N O? O? V1 N C ^ h? 01 M ?G ,-. ,--? 7 M 7 7 V1 M h V1 ,--? 7 N V1 N ?G V1 ,--? V1 M 7 in T 7 N VI Oi V1 C M N 7 h GO Vt M 7 7 C C C C C C C C lC l C ?G Vl C C C C C C C C C C C C C C T l?C T uNi M 7 C ? 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F d C W d ^a E w co it E a) Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the engineering and architectural design services work order to Architect of Record, HDR Engineering, Inc., in the amount of $651,004.00 for Fire Station 45 Renovation Project (09-0036-FI) and authorize the appropriate officials to execute same. (consent) SUMMARY: Fire Station 45 was built in 1974 and no longer meets the challenges of a contemporary fire station, such as space needs, code requirements, security concerns and sustainability. The City's intent is to construct a sustainable facility with centralized, more efficient operations. The facility will be a focal point of the Downtown Core displaying the Fire Department's history and foster to the community the importance of green building practices. HDR was hired for the preliminary design/programming phase, completed in January 2010. The evaluation showed that building a new structure was more cost effective than reusing the existing structure. Implementing sustainable mechanical, electrical and plumbing systems increased construction cost by only 3.5%. The station renovation will include demolition of the existing fire station and the Fire Prevention building on the corner of Franklin and Garden. The extensive renovation project will result in a category 5, 3-story, 30,000-square foot facility with a similar footprint as the existing fire station. The station will include on the first floor, vehicle bays, training and public space; second floor living quarters; and third floor Administration and Fire Prevention office space with a conference area. The City's goal is to have the new station achieve a Silver rating through the Leadership in Energy and Environmental Design (LEED) certification. The design and permitting phase is anticipated to be complete by October 2011, with the construction phase scheduled for completion by December 31, 2012. The estimated construction cost is $6,054,000, with a total project cost of $7,057,520, including furnishings, LEED Certification, Commissioning, and A/E fees. The City will be reimbursed for a portion of this cost by the County since the station will also serve residents in unincorporated areas of the Clearwater Fire District. The Fire Department shall be responsible for the day-to-day facility operations, and the Building Maintenance Department will be responsible for the facility maintenance. Annual operating costs for the station are anticipated to be approximately $88,700. The power and utility costs will be about 25% or $12,225 less than current energy costs for the existing station and Administration Building. Sufficient budget and revenue is available in Capital Improvement Program project 0315-91253, Main Station (Fire). Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: $651,004.00 Not to Exceed: $651,004.00 For Fiscal Year: 2010 to 2011 Budget Adjustment: No Annual Operating Cost: $88,700.00 Total Cost: $651,004.00 Cover Memo Item # 4 Appropriation Code Amount Appropriation Comment 0315-91253-561100-522- $651,004.00 see summary 000-0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 11 l.: ;f?1II HDR, Engineerir Inc. WORK ORDER INITIATION FORM or the CITY OF CLEARWATER Fr F I 1. PROJ'Ei,T TFFL_ : FIRE STATION 453 DESIGN 2. SCOPE D F SEF lCFS T Item # 4 Attachment number 1 Page 2 of 11 Item # 4 Attachment number 1 Page 3 of 11 I , ! ,. r, Item # 4 Attachment number 1 Page 4 of 11 Item # 4 Attachment number 1 Page 5 of 11 i E.LECTRI i L ENFI)INFERING SP-R II+ FS. Item # 4 Attachment number 1 Page 6 of 11 Item # 4 Attachment number 1 Page 7 of 11 -7 III Item # 4 Attachment number 1 Page 8 of 11 Erh 'j C, ,I ,IiC1jiIi - r ut P J E C 4 , D ::. "E, T" -1 DR Batt _AF j r;i r la'iF,f'f} ria?li ?rN'4 _ Ur4 i{f'1r'r i`In f I`',rjcY 'i+l lif],ll'SBfii I??Xhr_)iltir 5 Q 1 + r? ,' ?.'? ?w??1rn (?rrh 'r A'.L Ju n?t? ( ow[lr."` 1'tIf-j r ?', '11,1'1[1'(.1 fi{t'y _lrld !fl iu'?lP1Cf tOiJr ?}i?lllsr5 '. 'il ?:??r. ? ilt`1 H F D Lt: STAF" ,? S?-- It",PvP' ENT I I-- j f I;s ll nt1 r I C CCR SPuNDE NL?E REPORTING PROCEDURES Item # 4 Attachment number 1 Page 9 of 11 9. ITEM tNTE tJ I . hJ, L LY LEFT BLANK 1 F:;E !,` 4 EFL"iiJ Ci! FI F.'=,i4,' 0E r,IG N F'FaF AL pRLFA FL EY' APPROVED ELY; Item # 4 Attachment number 1 Page 10 of 11 Item # 4 Attachment number 1 Page 11 of 11 Item # 4 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the appropriation of $88,200 of unappropriated retained earnings from the recommended list of funds to the departmental operating budgets to provide for the disbursement of a $100-remuneration, less withholding, to each regular full-time and part-time employee represented by Communications Workers of America (CWA) Local 3179 who was employed in an active status as of October 26, 2010. (consent) SUMMARY: On September 23, 2010, an impasse hearing was conducted before City Council to resolve the contractual wage reopener between the City and CWA Local 3179 for the period from October 1, 2009 through September 30, 2010. The City presented the position that no wage increase should be provided for the subject period. The Union presented the position that a one-time remuneration of $250 should be provided to all represented members for the subject period. City Council, by a 3 to 2 vote, directed that each CWA represented employee be provided a one-time remuneration of $100.00. The CWA conducted a ratification vote and approved the Council decision by a vote of 100-65. Funding for this item will be provided from the appropriation of retained earnings of the related operating funds at first quarter as follows: 010 Gen Fund 37,800 402 Airpark 200 419 Storrawater 3,400 421 Water/Sewer 13,500 423 Gas 5,800 424 Solid Waste 9,900 426 Recycling 1,900 432 Marine 1,300 433 Boat Slip 400 435 Parking 2,700 555 Admin Svc 3,700 565 Gen Services 4,000 566 Garage 3,600 Total: 88,200 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 5 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland Street Streetscape Phase 11 (08-0055-EN) construction in the amount of $2,940,906.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Nine general contractors purchased plans and specifications for the project. Seven met the specific prequalification requirements for this project and all seven submitted bids. The bids ranged from low bid of $2,940,906.83 to high bid of $4,045,111.94. The engineers estimate was $3,348,466.96. Generally, the bids appear to be responsive for this type of project at this time. Construction will start following award of contract, shop drawing review, and mobilization (January 2011). Construction is anticipated to take up to twelve months, and will be done in two phases. Each phase will take up to six months. Phase one will be from Missouri Avenue westward through the intersection of Martin Luther King Jr. (MLK) Avenue. Phase two will be from the west side of MLK Avenue to Myrtle Avenue. Upon completion the landscape, irrigation and site furnishings will he maintained by Parks and Recreation; sidewalks, roadway and stormwater improvements will be maintained by Public Services and Water, Sewer and Reclaimed Water will be maintained by Public Utilities. The final conceptual design for this project was discussed and approved by City Council on May 17, 2010. The City's Engineering Department and consultant, Bellomo Herbert then developed the Construction Documents for the project. First quarter budget amendments will transfer the following funds: $191,686 of Stormwater Revenue from 0315-96170, Coastal Basins to 0315-92275, Cleveland Streetscape Phase 11, $319,940.50 of 2009 Water and Sewer Revenue Bond proceeds from 0376-96742 to 0376-92275, $125,702.50 of Utility R and R consisting of $65,587.50 from 0327-96739, Reclaimed Water Distribution System and $60,115 from 0327-96634, Sanitary Utility Relocation Accommodation to 0327-92275, and $1,799,927.37 of CRA funding from 0388- 92275 to 0315-92275 Cleveland Streetscape Phase 11. Sufficient revenue and funding is available in Capital Improvement Program project 0315-92275, Cleveland Streetscape Phase 11 in the amount $503,650.46 to fund the remaining balance of the construction for total funding in the amount of $2,940,906.83. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: $2,940,906.83 Not to Exceed: $2,940,906.83 For Fiscal Year: 2010 to 2011 Budget Adjustment: Yes Annual Operating Cost: Total Cost: $2,940,906.83 Cover Memo Item # 6 Appropriation Code Amount Appropriation Comment 0327-92275- 563700- 533- $65,587.50 See summary 000-0000 0315-92275- 563700- 541- $ See summary 000-0000 2,303,577.83 0315-92275- 563700- 539- $ 191,686.00 See summary 000-0000 0376-92275- 563800- 533- $ 319,940.50 See summary 000-0000 0327-92275- 563800- 535- $ 60,115.00 See summary 000-0000 Bid Required?: Yes Bid Number: 08-0055-EN Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management and Approval: Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 6 0 N ai G? w w A A d W a aW U E? WWW E-? 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M oo O? .^ 000 000 000 O\ '^ w ? 000 z F N O 0 W 0 0 z 0 0 ° 0 0 ~ ° H a 0 0 0 0 U 0 0 44 w 44 w ? w w a w a w w a 44 w CN d a 0 o a z 0 o 0 0 E ` o 7 N ?o W m 00 a r r r W W W O Q Q =? W W O ? W Q ad d W 44 ^ C7 O W W ?o Ea` ??o ? ?? z cG W W F U OP) OP) 00 0 O? ppooo A A rwi? U a Q Q ? w a ? x U z ? x r o °v°o w ° ¢ w ¢ w on On ?4 IT, W "" w w w O O z ? ~ a W F d' Z W W W w a F" ago o Lw Lw Lw LTJ w f?- O F-0 _o oc nber 1 00 W a aW U E? WWW E? A a W W a U 5?a wF F azo a? wF¢ as wzW aka F F o PT4 ?a oa ?w W a a w F a ? 0 0 N ai G? w w ca A a? m O ? F z oW H c?. 0 c7 F? 0 z? 0 0 x O z z z a 0 ca F ? o 0 oho aF¢ w? za w A?z a F z o HF ?o m o a? F? z 0 PT4 FF a? 0 0 Cn as F z 00 a X00 z wo H ? z H° a ?o z 9 Attachment number 1 Page 8 of 8 Attachment number 2 Page 1 of 19 N NUMBER: CONTRACT BN STATE F FLORIDA COUNTY F PINELLAS KNOW ALL MEN Y THESE PRESENTS: That we MTM CONTRACTORS, INC. Contractor and FIDELITY AN DEPOSIT COMPANY F MARYLAND, (Surety) whose home address is P. . BOX 31045, TAMPA, FLORIDA 33631-1045 CLEVELAND STREET PHASE II 08-0055-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. Page I Item # 6 Attachment number 2 Page 2 of 19 CONT CT BON (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 judgements 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 terns 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 , 20 AT'TES'T: WITNESS: COUNTERSIGNS By: T CONTRACTORS, INC. CONTRACTOR SURETY By: ATTORNEY-IN-FACT Page 2 Item # 6 Attachment number 2 Page 3 of 19 CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and MTMI CONTRACTORS INC. of the City of PINELLAS PARI{, County of PINELLAS and State of F<1.., RI A hereinafter designated as the "Contractor". WITNESSETH: 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: CLEVELAND STREET PHASE II (08-0055-EN) FOR THE SUM F TWO MILLION NINE HUNDRED FORTY THOUSAND, NINE HUNDRED SIX DOLLARS AN EIGHTY- THREE CENTS ($2,940,906.83) 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 # 6 Attachment number 2 Page 4 of 19 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In cortnection 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. Page 4 Item # 6 Attachment number 2 Page 5 of 19 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 fonn Camilo Soto Assistant City Attorney (Seal) (Contractor) By: (SEAL) Page 5 Item # 6 Attachment number 2 Page 6 of 19 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) 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 MTM CONTRACTORS, INC. a Florida Corporation, with its principal place of business located at 6550 53' STREET NORTH, P ELLAS PARK, FLORIDA 33751 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20®, with the CITY OF CLEA ATE , FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction o£ CLEVELAND STREET PHASE II (8-0055-E1) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, 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 (F°al Full Amount o 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 This day of 120 NOTARY PUBLIC My Commission Expires: MTM CONTRACTORS, INC. AFFIANT BY: PRESIDENT Page, 6 Item # 6 Attachment number 2 Page 7 of 19 PROPOSAL BOND (Not to be filled out if a certified check is submitted) I?TOVV_N ALL MEN BY TIIESE PRESENTS: That we, the undersigned, MTM Contractors, Inc. as Principal, and Fidelity and Deposit Company 6f-Ma ryl a n d as Surety; who's address isPO Box 31045 Tmmn 1-1045-------- are held and firmly bound unto the City of Clearwater, Florida, in the sum of Two Hundred Ninety Four Thousand Ninety One Dollars ($294,091 a 00 ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Prooosal of MTM Contractors, Inc. _ as Principal, andFidelity and 0eposiTC-6-mpany o aWnd Surety; for work specified as: CLEVELAND STREET PHASE Ii -- 08-00-55-EN 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 shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtut by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 28th day of October , 2010 (.Principal must indicate whether MTM Contractors, Inc. corporation, partnership, company Corporation or individual) George Toccalino Principal-President , of Corporation "The person signing shall, in his own handwriting, sign. the Principal's Ly:_? r? name, his own name and his title; ''Tftie PI esident the person signing for a corporation Maryland must, by affidavit, show his authority Fidelity and D ? osit Company of MarJ to bind the corporation. Surety ?-.,s._iy W.: Jd, Dlr., Attorney-in-Fact nd Licensed Florida Agent Willis of Florida, Inc. 6771 Professional Pkwy West Suite 101 Sarasota, FL 34240 (941)554-3140 SectionV Page" of 14 Revised: 7;22120(18 Item # 6 Attachment number 2 Page 8 of 19 Power o A orney FIDELITY A DEPOSIT COMPANY F MARYLAND A'TTES'T: pip DUO,; ® o W S 1 State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 23rd day of February, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to e personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. -? iot //r1i11t5t??? ` Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 Item # 6 POA-F 031-4610 Attachment number 2 Page 9 of 19 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA COUNTY OF PINELLAS ? John W McVey being duly sworn, deposes and says that he/she is Secretary of MTM CONTRACTORS, INC. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 6550 53rd Street North Pinellas Park Pinellas Florida Street & Number City County State Affiant further says that he is familiar with the records, minute books and by-laws of MTM Contractors, Inc. (Name of Corporation) Affiant farther says that George Toccalino is President (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for MTM Contractors,T Inc. for said corporation by virtue of REsolution of the Board of Directors i (state whether a provision of by laws or a Resolution of the Board of Dated February 23, 2004 Directors. If by Resolution give date of adoption). T( 1 c'? fial t t r ij Swornto before me this 28 day of Octobe ?Z?? Notary Public State of Florida Melissa Toccalino MY Commission DD888314 Expires 05/10/2013 20 10 f `M r P ' fi? ,,r Notary Public Melissa Toccalino Type/print/stamp name of Notary Title or rank, and Serial No., if any SectionV Page 8 of 14 Revised: 7/22/2008 Item # 6 Attachment number 2 Page 10 of 19 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF PINELLAS George Toccalino being, first duly sworn, deposes and says that he is President of MTM Contractors, Inc. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sha : 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 GeorgeaToccalino/President Sworn to and subscribed before me this 28 day of October , 20 10 <y Notary Pub is IN 26, 2071 LV e ?°m K o X00 .o;°®? BO) s O ° •. SectionV Page 9 of 14 Revised: 7/22/2008 Item # 6 Attachment number 2 Page 11 of 19 PROPOSAL (1) TO THE CITY OF CLEARWATER, F OR. A, for CLEVELAND STREET PHASE II ® 08-0055-EN and doing such other work incidental thereto, all in accordance with the contract documents, marked CLEVELAND STREET PHASE II - 08-0055-EN 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 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: SeetionV Page 10 of 14 Revised: 7/22/2008 Item # 6 Attachment number 2 Page 12 of 19 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 Thousand Ninety One Dollars Fidelity and Deposit _Company of Maryland Bank, for the sum of Two Hundred Ninety Four (being a minimum of 10% of Contractor's total bid amount). ($294,091.00 The full names and residences of all persons and parties interested in the foregoing bid are as follows: (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, materiahnan, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: George Toccalino 5652 Bayview Drive Seminole Florida 33772 - PrPsd.enr John W McVey 205 66th Street South ST Petersburg Florida 33708 - Secretary and Treasurer Signature of Bidder: Contga (The bidder must indicate whether Corporation, Partnership, Company or SectionV Page 11 of 14 ccalino/President of MTM r?,_Jnc. a Florida Corporation. Revised: 7/22/2008 Item # 6 Attachment number 2 Page 13 of 19 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, to bind the corporation. Principal' MTM Contractors, Inc. By:? rge o. _no Title: President Business Address of Bidder: 6550 53rd Street North City and State: _yPinellas Park, Florida Zip Code 33781 6550 53rd Street North Dated at Pinel_la_s Park, Fl 33781, this 28th day of October , A.D., 20 10 SectionV Page 12 of 14 Revised: 7/22/2008 Item # 6 Attachment number 2 Page 14 of 19 CITY OF CLEARWATER ADDEND SHEET CLEVELAND STREET PRASE II - 08-0055-EN Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. AddendurnNo. One Date: October 6, 2010 Addendum No. Two Date: October 22, 2010 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: MTM Cont'racto'rs, Ince- (Name of Bidder) - "(Suture ofofficer) George Toccalino President (Title of Officer) October 28, 2010 (Date) SeetionV Page 13 of 14 Revised: 7/22/2008 Item # 6 Attachment number 2 Page 15 of 19 BIDDER'S PROPOSAL REVISED 10/2211 PROJECT: CLEVELAND STREET S EETSC E - PHASE 11 - 8-0055- BID ITEMS EST UNIT TOTAL. UNIT G2 PRICE ROADS & ADMINISTRATION p 1000 DEMOLI'T'ION & ADMINISTRATION 1001 MOBILIZATION LS 1 90, 000.00 90, 000.00 1002 MOT LS 1 32,500.00 32,500.0-&- 1003 PROJECT SIGNS EA 2 425.00 850.00 1004 EROSION AND SEDIMENT CONTROL LS 1 12 500.00 12, 500.00 1005 GENERAL DEMOLITION (INCLUDE REMOVAL OF EXISTING TO LS 1 24" MIN. IN PLANTED AREAS 115,000.00 115,000.00 1006 REMOVE UNSUITABLE MATERIAL (IF NEEDED) CY 600 15.00 9,000.00 1007 TEMPORARY BUSINESS IDENTIFICATION SIGNS EA 8 92.00 4,416.00 TOTAL. DEMOLITION & M INIST RATION 264, 266.00 2000 PAVING 2001 STABILIZED SUBGRADE, 12" SY 12,055 2.50 30, 137.50 2002 BASE, CRUSHED CONCRETE, 4" (IF NEEDED) SY 50 7.50 375.00 2003 BASE, CRUSHED CONCRETE, 8" SY 10,027 8.25 82, 722.75 2004 ASPHALT, BASE COURSE, TYPE S-1, 2" SY 10,027 7.95 79 714.65 2005 ASPHALT, SURFACE COURSE, TYPE S-3, V SY 10,713 4.50 48 208.50 2006 VALLEY GUTTER CURB, CITY INDEX 101 LF 50 22.00 1,100.00 2007 SWALE CURB 218" WIDE, CITY INDEX 108 LF 165 27.00 4,455.00 2008 CONCRETE CURB, FDOT TYPE D LF 6,196 12.00 74, 352.00 2009 CONCRETE CURB & GUTTER, FDOT TYPE F LF 6,010 14.00 84 140.00 2010 ASPHALT, PRIVATE PARKING LOT TN 30 139.00 4,170.00 2011 1" MILLING, PRIVATE PARKING LOT SY 48 42.00 2,016.00 2012 ASPHALT MILLING, V SY 690 7.00 4,830.00 2013 BEDDING MATERIAL., CRUSHED STONE 457 Cy 100 35.00 3,500.00 2014 PREPARED PLANTING SOIL BACKFILL CY 2,520 11.00 27, 720.00 'T'OTAL PAVING 447 441.40 3000 SIGNAGE AND PAVEMENT MARKINGS 3001 6" WHITE PAINT EDGE LINE LF 482 0.25 120.50 3002 6" WHITE PAINT LANE LINE LF 532 0.25 133.00 3003 6" YELLOW PAINT EDGE LINE LF 4,532 0.25 1,133.00 3004 6" DOUBLE YELLOW PAINT CENTER LINE LF 366 0.50 183.00 3005 24" WHITE PAIN'T' STOP BAR LF 118 2.00 236.00 3006 FDOT STANDARD WFIITF LEFT TURN ARROW (PAINT) EA 7 25.00 175.00 3007 4" TRAFFIC SIGNAL CONDUIT (W/ 3 INNER-DUCTS) LF 3,000 8.25 24, 750.00 3008 PULL BOX INSTALLATION (PULL BOXES SUPPLIED BY CITY) EA 6 175.00 1,050.00 TOTAL, SIGNAGE AND PAVEMENT MAR KINGS 27, 780.50 4000 LANDSCAPE IRRIGATION & HA SCAPE 4001 6" WIDE CONCRETE FLUSH CURB INCLUDING "TREE CUT-OUTS LF 1,744 12.00 20, 928.00 4002 18" WIDE CONCRETE FLUSH CURB G CROSSWALKS LF 1,400 25.00 35, 000.00 4003 6" CONCRETE SIDEWALK SY 6,270 45.00 282, 150.00 4004 4" TEMPORARY SIDEWAK (IF NEEDED) SY 375 35.00 13, 125.00 4005 ISOLATION JOINT LF 800 12.00 9,600.0 0 4006 PAVER, TYPE P-1 ON 6" CONC. BASE SY 2,189 75.00 164, 175.00 Page 1 of 5 Item # 6 Attachment number 2 Page 16 of 19 4007 PAVER, TYPE P-2 ON 6" CONC. BASE Sy 1,052 75.00 78, 900, 00 4008 PAVER, TYPE P-3 ON 6" CONC. BASE SY 307 75.00 23,025.00 4009 PAVER, TYPE V--1, INCLUDING 8" CONC. BASE SY 46 95.00 4,370.00 4010 PAVER, TYPE V-2, INCLUDING 8" CONC. BASE SY 459 95.00 43,605.00 4011 PAVER, TYPE V-3, INCLUDING 8" CONC. BASE SY 35 95.00 3,325 * 00 PAVER HANDICAP RAMP INCLUDING PAVERS, TRUNCATED 4012 DOME PAVERS ON 6" CONC. BASE EA 7 1,275.00 8,925.00 CONCRETE IANDICAP RAMP INCLUDING DETECTABLE 4013 WARNING MAT EA 12 1,075.00 12, 900.00 PLANTER CONCRETE HANDICAP RAMP INCLUDING 4014 DETECTABLE WARNING MAT EA 3 875.00 2,625.00 DROP-OFF PAVER HANDICAP RAMP INCLUDING PAVERS AND 4015 6" CONC. BASE EA 1 4,500.00 4,500.00 4016 8" THICK CONCRETE DRIVE SY 856 75. 0 64, 200.00 4017 PAVER DRIVE ON 6" CONCRETE BASE SY 30 80.00 2,400.00 4018 BENCH EA 18 1,510.00 27,180.00 4019 TRASH RECEPTACLE EA 11 995.00 10, 945.00 4020 BIKE RACK EA 5 1,254.00 6,270.00 4021 REMOVABLE BOLLARD EA 5 1,125.00 5,625.00 4022 ANNUALS- 4" POTS EA 444 1.54 683.76 4023 CHINESE FAN PALM- 6'-16' C.T. EA 30 906.00 27, 180.00 4024 COONTIE - 3 GAL EA 272 18.50 5,032.00 4025 DWARF CONFEDERATE JASMINE- I GAL. EA 300 4.15 1,245.00 4026 HIGHRISE LIVE OAK- 15' HT., 3" CAL. EA 50 275.00 13, 750.00 4027 LAVENDER CRAPE MYRTLE- 30 GAL. EA 29 205.00 5,945.00 4028 LAVENDER CRAPE MYRTLE- 50 GAL. EA 9 355.00 3,195.00 4029 MEDJOOL DATE PALM- 14' C.T. EA 24 6,150.00 147, 600.00 4030 MUHLY GRASS- 3 GAL. EA 454 10.00 4,540.00 4031 ORANGE BULBINE- I GAL. EA 306 6.50 1,989.00 4032 PARSONS JUNIPER- 3 GAL. EA 1,297 10.00 12, 970.00 4033 PERENNIAL PEANUT- 4" POTS EA 1,344 3.00 4,032.00 4034 SWEET VIBURNUM- 3 GAL. EA 74 10.00 740.00 4035 WINDMILL PALM - 14' C.T. EA 36 1,575.00 56, 700.00 4036 DWARF YAUPON HOLLY- 3 GAL. EA 144 10.00 1,440.00 4037 XANADU PHILODENDRON- 3 GAL. EA 381 14.00 5,334.00 4038 SOD- BERMUDA'419' Sl' 7,500 0.40 3,000.00 4039 SOD- ST. AUGUSTINE TLORATAM' S1 3,000 0.35 1,050.00 4040 MULCH- MINI PINE BARK NUGGETS CY 215 45.00 9,675.00 4041 IRRIGATION L5 1 93, 170.00 93,170.00 TOTAL LANDSCAPE, IRRIGATION c& HA SCAPE 1, 223, 043.76 5000 ELECTRICAL & LIGHTING 5001 CONDUCTOR (3 #6 INSULATED) LF 1,100 2.50 2,750.00 5002 CONDUIT 2" HAND TRENCHED LF 5,800 5.00 29, 000.00 5003 CONDUIT 2" DIRECTIONAL BORE LF 800 12.00 9,600.00 5004 CONDUIT I" DIRECTIONAL BORE LF 400 9.00 3,600.00 5005 SERICE CENTER EA 3 14, 500.00 43, 500, 00 5006 PULL BOXES EA 106 310.00 32, 860.00 5007 PLANTER LIGHT TERMINATION & CONNECTION EA 16 645.00 10, 320.00 Page 2 of 5 Item # 6 Attachment number 2 Page 17 of 19 TOTAL ELECTRICAL & LIGHTING 131, 630.00 SUIT-TOTAL, ROADS & ADMINISTRATION 1001-5007 2, 094, 161.66 5008 10% CONTINGENCY ROADS & ADMINISTRATION 1001-5007 209,416.17 TOTAL ROADS & ADMINISTRATION 1001-5008 2, 303, 577.83 6000 STO WATER ?t 15" RCP 1.I 120 35.00 4,200.00 (`)02 18" RCP LF 250 42.00 10, 500.00 6003 24" RCP Ll: 40 51.00 2,040.00 6004 4" CONTECH A-2000 PVC PIPE (IF NEEDED) _ 1,F 40 15.00 600.00 6005 8" PVC CONTECH PIPE, TYPE A-2000 Ll 120 15.00 1,800.00 6006 10" PVC CONTECH PIPE, TYPE A-2000 (IF NEEDED) LF 100 17.00 1,700.00 6007 12" PVC CONTECH PIPE, TYPE A-2000 LI, 50 21.00 1,050.00 7,008 18" PVC CONTECH PIPE, TYPE A-2000 I.F 40 37.00 1,480.00 6009 16" DUCTILE IRON STORM PIPE (CEMENT COATINGS) LF 70 75.00 5,250.00 6010 18" DUCTILE IRON STORM PIPE (CEMENT COATINGS) LF 120 85.00 10, 200.00 6011 BRICK & MORTAR PLUG FA 6 350.00 2,100.00 6012 6" UNDER DRAIN (IF NEEDED) LF 300 25.00 7,500.00 6013 6" UNDER DRAIN CLEANOUT, (IF NEEDED) EA 3 175.00 525.00 6014 8" UNDER DRAIN CLEANOUT EA 2 200.00 400.00 6C)15 CURB INLET, FDOT TYPE 5 (SINGLE WING) EA 5 3,975.00 19, 875.00 6016 CURB INLET, FDOT TYPE 5 CONFLICT (SINGLE WING) EA 3 4,350.00 13.050&0 6017 CURB INLET, FDOT TYPE 6 (DOUBLE WING) EA 1 4,550.00 4, 550.00 16018 CURB INLET, FDOT TYPE 6 CONFLICT (DOUBLE WING) EA 2 4,975.00 9,950.00 6019 FDOT TYPE V STORM INLET, J-4 BOTTOM EA 1 3,795.00 3,795.00 6020 FDOT TYPE V STORM INLET, P-3.5 BOTTOM EA 1 4,250.00 4,250.00 60'21 FDOT TYPE V STORM INLET, J-6 BOTTOM EA 1 4,875.00 4,875.00 6022 CURB INLET, FDOT TYPE 9 EA 2 4,365.00 8,730.00 6023 FDOT STORM MANHOLE, TYPE J-4 EA 2 4,275.00 8,550.00 6024 FDOT STORM MANHOLE, FORMED IN PLACE, TYPE J-4 EA 1 5,195.00 5,195.00 6025 CONFLICT FDOT STORM MANHOLE W/SUMP TYPE J-4 EA 1 3,575.00 3,575.00 6026 FDOT CONFLICT STORM MANHOLE FORMED IN PLACE, TYPE J- EA I 4 IF NEEDED 4,295.00 4,295.00 6027 FDOT CONFLICT STORM MANHOLE FORMED IN PLACE, TYPE J- EA 1 5,125.00 5,125.00 5 IF NEEDED 6028 8" DUCTILE IRON SANITARY SEWER PIPE (REMOVE AND LF 20 REPLACE 45.00 900.00 6029 10" DUCTILE IRON SANITARY SEWER PIPE (REMOVE AND LF 70 REPLACE 55.00 3,850.00 6030 ADJUST STORM MANHOLE RING AND COVER EA 6 425.00 2,550.00 6031 PIPE CONNECTION INTO EXISTING STRUCTURES EA 8 1,275.00 10, 200.00 6032 PRIVATE STORM BOX EA 3 2,150.00 6,450.00 6033 PRIVATE PERCOLATION INLET (IF NEEDED) EA 2 2,575.00 5,150.00 SUB-TOTAL STO WATER 6001-6033 174, 260.00 6034 10% CONTINGENCY FOR STO WATER ITEMS 6001-6033 17,426.00 TOTAL STO WATER 6001-6034 191, 686.00 UTILITIES Page 3 of 5 Item # 6 Attachment number 2 Page 18 of 19 7000 WATER 7001 1" & 1 1/2" WATER SERVICE EA 20 525.00 10, 500.00 7002 12" DI WATER MAIN LF 65 62.00 4,030.00 7003 8" PVC WATER MAIN LF 6,000 23.00 138, 000.00 7004 6" PVC WATER MAIN LF 100 21.00 2,100.00 7005 4" PVC WATER MAIN LF 85 20.00 1,700.00 7006 12" CROSS EA 1 1,615.00 1,615.00 7007 LINE STOP IAA 4 3,500.00 14, 000.00 7008 12" GATE VALVE EA 6 2,925.00 17, 550.00 7009 8" GATE VALVE EA 9 1,625.00 14,625.00 7010 6" GATE VALVE EA _ 11 1,125.00 12,375.00 7011 4" GATE VALVE EA 8 895.00 7,160.00 17012 FITTINGS & APPURTENANCES TN 5 3,950.00 19, 750.00 7013 FIRE HYDRANT ASSEMBLY EA 13 3,650.00 47, 450.00 SUB-TOTAL WATER 7001-7013 290, 855.00 7014 10% CONTINGENCY FOR WATER 7001-7013 I_,S 29, 085.50 TOTAL WATER 7001-7014 319, 940.50 8000 RECLAIMED WATER 8001 4" PVC RECLAIM MAIN 11, 3,000 15.00 45, 000.00 8002 1" RECLAIM SERVICE LF 120 10.00 1,200.00 8003 4" GATE VALVE IAA 15 895.00 13, 425.00 SUB--TOTAL RECLAIMED WATER 8001-8003 59, 625.00 8004 10% CONTINGENCY FOR RECLAIMED WATER 8001-8003 1_.S 5,962.50 TOTAL, RECLAIMED WATER 8001-8004 65, 587.50 9000 SANITARY SEWER 9001 5' SANITARY MANHOLE (ECCENTRIC CONE) EA 4 4,275.00 17, 100.00 9002 ADJUST SANITARY MANHOLE RING & COVER 1A 6 275.00 1,650.00 REMOVE AND REPLACE 6" SANITARY SEWER LATERAL (IF 9003 NEEDED 1A 30 815.00 24, 450.00 9004 REMOVE AND REPLACE 8" DI SANITARY SEWER MAIN (IF NEEDED) LF 30 45.00 1,350.00 REMOVE AND REPLACE 10" DI SANITARY SEWER MAIN (IF 9005 NEEDED) 1_.1 90 65.00 5,850.00 9006 INSTALL CLEAN-OUT ON EXISTING LATERAL, F,A 5 305.00 1,525.00 9007 REMOVE ABANDONED 8" SANITARY PIPE 11 85 10.00 850.00 9008 SANITARY SEWER MANHOLE CONE ONLY EA 1 1,875.00 1,875.00 SUB-TOTAL SANITARY SEWER 9001-9008 54, 650.00 9009 100/10 CONTINGENCY FOR SANITARY SEWER 9001-9008 LS 5,465.00 TOTAL. SANITARY SEWER 9001-9009 60, 115.00 SUB-TOTAL UTILITIES 7001-7013,8001-8003 & 9001-9008 405 130.00 TOTAL UTILITIES 10% CONTINGENCY 7014, 8004 & 9009 40, 513.00 TOTAL UTILITIES 445, 643.00 SUBTOTAL (LINES 1001-1007,2001-2014,3001-3008,4001-4041, 5001-5007, 6001-6033, 7001-7013, 8001-8003 & 9001-9008) 12,673,551.66 Page 4 of 5 Item # 6 Attachment number 2 Page 19 of 19 10000 fO`I"AL 10% CONTIOENCIES (LINES 5008,6032,7014,8004,& 9009 267,355.17 TOTAL CONSTRUCTION COST LINES 1001-10000 2,940,906.8: CONTRACTOR: BIDDER'S TOTAL 2,940,906.83 (Numbers) BIDDER'S TOTAL $ Two Million, Nine Hundred Fourty Thousand Nine Hundred and Six Dollars Page 5 of 5 Item # 6 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the final plat for Country Club Townhomes, located on the south side of Drew Street between North Betty Lane and Fredrica Drive. (consent) SUMMARY: This is a replat of a portion of Brookwood Terrace Subdivision. This property was previously used as accessory parking for the Verizon building fronting Cleveland St. The property is within the city limits of Clearwater consisting of 2.21 acres more or less. The final plat will create 31 single-family residential townhome lots. The physical address for Country Club Townhomes is 113 North Betty Lane. The proposed project was approved by Development Review Committee on August 5, 2010 The property is zoned as Medium High Density Residential (MHDR). Review Approval: 1) Planning 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 7 0 ST J PALMETTO Co ST NICHOLSON d 7ST w ELDRIDGE ST Maple St ST w ? w m JACKSON RD ? z ~ o z z z F 0 O ° 0 O Z U U W z W _j Of ? < _U LL 2 Lu D- Lu 0 g w FST? ?O Browns O z Q ? P GROVE Of ST O Y LL N.E. ? w ? J ? ¢ CLEVELAND ST W Q E w Y Z ST (If O W Y 2 (D ~ z O J 2 U z U) Q ? g GOULD ST BROWNELL ST O O COURT ST SR-595 ST ST ¢ v U_ z W ? ° PARK ST 2' (D ?n\ g w 0 PIERCE L? ?m STo w U, ? Evergreen Place ¢ g P, K(4 4, U a U v j F FRANKLIN ST CIR ¢ I- W m SANTA ROSA 5 SR-60 J ¢ ROGERS ST M w A0E r N J r G O z ¢ J DRUID lu-u(i?uu,Lr Page 1 of 1 -1 1? ROSE < MERE DC MAPLE w C ?¢ RID( ° ¢ ¢ ?aGa rands ? FOREST RD ? PINE PLAT E E < E0 LOCATION Q ? g C OAK CRESTVIEW ST C _ D ROSE C w ° w w ° ¢ ¢ O 0 ¢ O 0 RD z w w (If U Lu W w PARK 0 F w 2 D U) [if U z PIERCE ST 2 ST FRANKLIN O'G? D T ?O ST DE LEON a JUAN SACOURT ST SR-651 GULF-TO ¢ ROGERS ST n w Lu F Q ? U) TURNER O ST (If U O O :2 0 2 W 3? PINE Of ST w U) (D L u Clearwater Plat Location of N Prepared by: Engineering Department Geographic Technology Division Country Club Townhomes Subdivision W E S 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. 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I N O N \ ` \ m °O 00 \ \ ; 61.17 I cn omo \\ \?------1-----^--------------? I° N 35.43' \\ N00'00'00"W \\ I Co °o \ I cn - 22.83' 22.00' 22.83' L17 22.83' 22.00' 22.83' \ \ m N00'00'00"W :z \\ \ N 61.17' 0 0 0 ? \ rv 0 0 0 O m 0 Cl 0 I- - o o o o L30? of .16 'r' m i m I 61.17 ?, vl ?, Co N N rn ? ? I rv i 6 Q a N I cA v v v ?I N00'00'00"W N00'00'00'W a1.. I I Cn N00'38'51 "E 61.' 22.83' 22.00' 22.83' L18 . . . 22.83' 22.00' 22.83' O • , ... • • • •' " • ......... I I S00°00'19 "W 310.02' ? w 0 0 FREDRICA DRIVE 0 --- 60- R/W (P.B. 8, PG. 34) ' r N ? zo ? ? ? U- - - ? ; ? r r r r r r r r r i N O cfl 00 ?I O CJi ( A N O cfl 00 ?I O U1 Crl N m r' Z z z z cn z z z z z z cn z cn cn z z z z cn z cn cn m o, ? oo oo o o o o p CD -i m m oo o oo ? oo ? m N ?I Cn -pt 0 0 0 0 0 0 m m (n (A ? O (A ?I w W w r,3 CA p fv (0 d d d (.W ? ? 0 0 a O ? d 0 N3 fV (-4 D N O N N O O O O v U O 4 ?I cn -PL O OO N U? Z7 Gd N O O O O _p N O C, -P.- CA CA -P.- ci O cn 0 0 cn v O O O O (A 0) Cn v c0 61 --I O N v 00 ?I 00 al C) ? m m m m ri m m m m M :::9 :::9 rr ri ri M ri M D 0 cn ? w w j w cn 5 cn N N W O O CA CA O O O O v O O O C,J N _ ?I v P v U1 a D U r' X ? Z mDmX o CnzKD Z N Z ? m=OD 1 -0 r > -00 N X N ? Z :Z 0U) II 0 Z ? r , O0 O N CO m m o ,? Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in the ordinance, and approve Ordinance 8231-10 on first reading, (VAC2010-07 Nichols), SUMMARY: The property owner, Peter G. Nichols, deeded an easement to the City of Clearwater over property adjoining the utility easement subject of this request. The City, as grantee of the easement, agreed to process a vacation request for the easement portion described in the ordinance. Progress Energy, Verizon, Knology and Bright House have no facilities in the subject easement portion and have no objections to the vacation request. The City of Clearwater has no utilities in the easement and no future need for the easement portion is anticipated. The Engineering Department has no objections to the vacation request. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 0 Scale NTS THIS IS NOT A SURVEY!! EXHIBIT "A" 2 I B, I I Bak LOT 7 LOT 8 I I I :..:.:........... 20'(2759-106) O.R. 2759 PG.106 TO BE VACATED ?o ?P VACATION 2010-07: LOT 7 606 -----LOT -9 614 LOT 10 20' LOT 9 624 LOT 8 ' LOT 10 B 7'00 LOT 13 i LOT 11 ------ - -------------- 710 LOT 14; LOT 12 EXISTING 10' EASEMENT O.R. 17072, PG. 507 EXISTING 10' EASEMENT O.R. 1270, PG. 380 w z Ld a O U) VACATE THE SOUTH 10-FEET OF THE 20-FOOT UTILITY EASEMENT DESCRIBED AS FOLLOWS. BEGIN AT A POINT 10-FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2 MARYLAND SUB.; THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOTS 8 AND LOT 7 IN SAID BLOCK B-2 A DISTANCE OF 60-FEET; THENCE SOUTH FOR A DISTANCE OF 20-FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60-FEET; THENCE NORTH 20-FEET TO THE POINT OF BEGINNING. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAVON BY NICHOLS VACATION D 20 ME 1 zz CHECKED BY VAC. # 2010-07 sEEr TUM ORD # 8231-10 1 OF 1 DALE . gCT-1M'?-RNC 11/10 ATLAS PAGE # 296A 1 -29S-15E Attachment number 2 Page 1 of 1 tea. Id 165 180 ( I 75.4 I ,- 4 ?) I I s I s __- 52L- av? nwi 1 M 53L; 062 ?u B N , ? ps ? 14? N 361(S) ST I ,154 9 ty. o® ?}y Cn gd321 Ld 0, C, Lo ttil- 18 4 i F 5 ac .?'°' 3g-417 1 er oq QU` - -1 n I ? > 600 ° o I ij - PI R CHAII I RV CRD4R 41781 I --?_! 175 LO 44£17 - - 155.8 606 B C 1 Cry nn ." 41B9I 5535 1025 °2 f ..:............... ., ............................ ......, I. -380- Vac. 3743-359 ( °o C 48662 Vac 5535-1025 Water Easement 5925-1210 Vac. 3743-359 cq L C. r 0 166.3 624P 563 490 4 70 c' 166.6 m N M > VAC ......... ....... 6/24 57., AC 8 710 166 .................... ......... ...... ... . 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Outside CLWTR City limits Engineering Department ~ 7 r Clearwater Service Area Ite m # 8 S Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: SD Date: 11/15/2010 Grid #: 296A S-T-R: 15-29s-15e Scale: N.T.S. www. MyC learwater. corn Attachment number 3 Page 1 of 2 ORDINANCE NO. 8231-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SOUTH 10 FEET OF THE 20- FOOT UTILITY EASEMENT DESCRIBED AS BEGINNING AT A POINT 10 FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2, MARYLAND SUBDIVISION, AS RECORDED IN PLAT BOOK 15, PAGE 25 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOT 8 AND LOT 7 IN SAID BLOCK B- 2 A DISTANCE OF 60 FEET, THENCE SOUTH FOR A DISTANCE OF 20 FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60 FEET, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Peter G. Nichols, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The south 10 feet of the 20-foot utility easement described as beginning at a point 10 feet west of the southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence west along the south property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet, thence south for a distance of 20 feet; thence East along and parallel to the South Boundary of Lots 7 and Lot 8 of Block B-2 a distance of 60 feet, thence north 20 feet to the Point of Beginning, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 8 Ordinance No. 8231-10 Attachment number 3 Page 2 of 2 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 Item # 8 Ordinance No. 8231-10 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the north 5-feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue), and approve Ordinance 8232-10 on first reading. (VAC2010-08 Lee) SUMMARY: The applicant is seeking the vacation in order to increase on site area to build a new swimming pool and deck. Verizon, Knology and Bright House have no facilities in the easement portion proposed to be vacated and have no objections to the request. Progress Energy has a non-energized overhead support cable above the easement portion being vacated. Progress Energy has no objections provided that the applicant deeds a private easement to them allowing for future access and maintenance of their facility. The ordinance, as drafted provides for the applicant to deed an easement to Progress Energy prior to the issuance of a building permit and nullifies the vacation if the easement is not obtained within six months of the date of adoption of the ordinance. The City of Clearwater has no utilities in the easement portion and contemplates no future need for the easement portion. The Engineering Department has no objections to the vacation request provided that the ordinance requires the applicant to provide a private easement to Progress Energy. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 EXHIBIT "A" Scale NTS THIS IS NOT A SURVEYH EXISTING 5 FOOT UTILITY EASEMENT S LOT 3 I >OT ---1-?--r 914 L OT 2 LOT 7 , \" rv LOT 1 ? I 1 LOT 8 N --------- -,--- ? 910 I ' I VACATION 2010-08: Q z Q I- z Q NORTH 5 FEET OF 15 FOOT DRAINAGE UTILITY EASEMENT TO BE VACATED VACATE THE NORTH 5 FEET OF A 15 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 8, BLOCK 46A, MANDALAY SUB., LESS AND EXCEPT THE WEST 5 FEET THEREOF. Attachment number 2 Page 1 of 1 ° 1 944 X41 ° w, 110,. ?, 'o ` N ?'1 Q- W39 1109sq _„ _ o 8 935 032. Q n 9? f co z 1?929 t 50 g ° - X9240 1 urv 111 WV 60 1X f IV 0 ? ? P? 917 w, , ? 10nna 115 JESSAMINE GIR . 9Q9 tir 1 ! . n0p f ?, ZQ 110 Ll 46 r .r5; 9 1 0 108 110 re (d 1 .? 9rl 88 ? "` 0 ID6 11 d` . 2? ° ,,. J 35 9j? 60 1 -06 124 30 .w 50 93,p ----- S-q- q 136 VAC VAC 2 17, 109 25 25 6 ?" 1¢ 4813-480 . 111 ' o ,,t ,p..,, - sr? o ° 4 93 0 0 ? 60 T 4 r. 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I ?,..,, c 0 1 1110 ' > 1 , 174( 1? ^ ?` I "19 Q7F 60 0 1 (_ lOlt ra 49 • a pg ( °I I 1 i 1 ?° 1 1. 1ri 14? la'1 so -120 70 j I i - -?J t f f r 1A?, 153(6) I L:1 11 I N 1 K..., h .- 152 S -rv 111.4 /,t`9'°A92 ?i 1 -" 1 -J I a J. ° 7r t - 88LI-I 1 ygc'116 j 877-,t ss ELC?CDf ?L1CD --- 875 _ -- _ u - 14j?S) LAt----1 111 ? x -?I I? '--? ° s 117.5 1 . --fi t-- - -- ---- 111= - --?.-- - -- -_ N p 87 871 _O 1 C f1 5 4 N ro<,. bk 3 u 4m 87 X60 t 870° 11 d ? 11? 880 ° I 68? 70 8863 110 110 ? °86., 5 n 8 ° °865 6 Lij °I m .. -8 8? 12 a7O ° N o X59 1 865 > N j 18 < L t 61 860 ° X11861 142 P t?t 0 f 2 I, 854 5 1 sr N E i Ii '1 m 1 m 60 ?o It d Ord #: 8232-10 Vac #: 2010-08 Legend 1 ROW to be Vacated J N 0 Clearwater Name: Thomas J. Lee L Bldg Footprint Vacate the n. 5 feet of a 15 foot Drainage and Utility Parcel Boundary W E Prepared by: Easement lying along the s. prop. line of Lot 8, Block 46A, Outside CLWTR City limits Engineering Department Mandalay Sub. less and except the w.12.5 feet thereof. ~ r Clearwater Service Area Ite m # 9 S Geographic Technology Division , 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: SD Date: 11/15/2010 Grid #: 238A S-T-R: 32-28s-15e Scale: N.T.S. www. MyC learwater. corn Attachment number 3 Page 1 of 2 ORDINANCE NO. 8232-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 5 FEET OF THE 15 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 8, BLOCK 46A, MANDALAY SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF, SUBJECT TO THE APPLICANT GRANTING A PRIVATE EASEMENT SATISFACTORY TO PROGRESS ENERGY CORPORATION PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, SAID EASEMENT TO BE GRANTED WITHIN 6 MONTHS OF THE DATE OF ADOPTION OF THIS ORDINANCE OR THE VACATION WILL BE RENDERED NULL AND VOID; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tom Lee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate the north 5 feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the public records of Pinellas County, Florida, less the west 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 9 Ordinance No. 8232-10 Attachment number 3 Page 2 of 2 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 Item # 9 Ordinance No. 8232-10 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the supplemental engineering design services work order to Engineer of Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10-0023-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City's Water Reclamation facilities (WRF), Marshall, Northeast and East, utilize clarifiers as part of their treatment process. The Northeast plant has eight clarifiers, the Marshall plant has four clarifiers, and the East plant has two clarifiers. The clarifier's internal components have been repaired and randomly replaced over the years as part of routine maintenance and other improvements. The original work order was approved by City Council on April 15, 2010 in the amount of $136,621.00. The work order authorized King Engineering to evaluate the Clarifiers at the Northeast, Marshall and East WRFs, recommend improvements, and develop design documents for rehabilitation of the clarifiers at each facility. The supplemental work order is for additional design and investigations required as a result of the clarifier evaluation. Extra design at the Northeast plant includes full replacement of the return activated sludge pumps, more extensive electrical upgrades, and installation of a groundwater level monitoring well. The gates of the splitter box connected to the clarifiers at the Marshall facility were evaluated and repairs recommended. The City also re-directed the designers to investigate other equipment manufactures other than Envirex, included in ten of the City's fourteen clarifiers. The original work order was for $136,621.00. The new work order total, including this supplement, is $175,027.00 The design phase is anticipated to be completed by January 30, 2011. The construction will be phased at each facility based on available funding. The Public Utilities Department shall own and maintain the proposed improvements included in this design Work Order. Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96654, Facilities Upgrade and Improvements in the amount of $38,406 to fund this Work Order. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary. Current Year Cost: $38,406.00 Annual Operating Cost: Not to Exceed: $38,406.00 Total Cost: $38,406.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0376-96654-561300-535- $38,406.00 see summary 000-0000 Cover Memo Review Approval: 1) City Manager 2) Clerk Item # 10 Attachment number 1 Page 1 of 6 ENGINEERING ASSOCIATES, INO. King Engineering Associates, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Design Supplemental WO Date 1. October 20, 2010 PROJECT TITLE: Proj ect Number: 2110-202-000 City Project Number: 10-0023-UT Water Reclamation Facilities Clarifier Evaluation and Rehabilitations 2. SCOPE OF SERVICES: In April 2010 the City authorized King Engineering Associates, Inc. (King) to evaluate, provide recommendations and provide design and bidding services for rehabilitating the clarifiers at the Northeast, Marshall Street and East Water Reclamation Facilities (WRF). The Work Order Supplement authorizes King to provide additional services not anticipated or included in the original Work Order. Specifically, the additional services include: Task 1: Piezometer at the Northeast WRF The clarifiers at the Northeast WRF are partially below ground. While the four clarifiers for the south plant are equipped with groundwater relief valves, the four clarifiers for the north plant do not, requiring that the groundwater levels around the clarifiers be monitored and lowered, if necessary, prior to draining the tanks. King will hire a geotechnical subconsultant to install a 2" piezometer adjacent to the north plant clarifiers to allow the groundwater level to be monitored during the evaluation and construction. Task 2: Additional Improvements at the Northeast Plant A. The original scope of services assumed that electrical upgrades would be limited to the possible replacement of circuit breakers, starters and other Page 1 of 6 Item # 10 Attachment number 1 Page 2 of 6 MCC related components and that a detailed review and design of existing or new loads is not required. In addition, it was assumed that the only new piece of equipment requiring power will be the flow meter on the Northeast WRF north WAS pump discharge. The electrical evaluation resulted in recommendations in excess of those assumed necessary, some of which the City will implement internally. Electrical upgrades at the Northeast WRF to be added to the scope include: • Replacing the MCCs in both the north and south plant RAS buildings; • Replacing the VFDs in both the north and south plant RAS buildings; B. The original Work Order also included repair of the RAS pump bases at the north plant. Rather than repair the base, the project now includes full replacement of the RAS pumps and bases and the RAS piping supports at both plants and replacement of the WAS pumps at the north plant. King will develop technical specifications and drawings for this work. C. The four clarifiers in the north plant do not contain groundwater relief ports. King will provide details for the contractor to install relief ports in the north clarifiers as part of the project. Task 3: Develop Competitive Specification Other than the four clarifiers in the Northeast WRF north plant, all of the City's existing clarifiers contain Envirex equipment. The original Work Order was developed based on the assumption that all the clarifiers would be standardized around Envirex. The City has determined that other clarifier manufacturers should be permitted to competitively bid the project. King will: • Coordinate with and evaluate major clarifier equipment manufacturers and develop a table comparing manufacturers by major component; • Meet with the City to discuss potential suppliers; • Develop a competitive technical specification tailored to the City's clarifiers; • Modify drawings to allow for the inclusion of specified manufacturers. Task 4: Marshall Street Splitter Box Gate Evaluation The original Work Order assumed that the four splitter box gates at the Marshall Street WRF would be replaced. During the field evaluations, King assisted the City with verifying gate dimensions and diagnosing the difficulties with operating the gates. This included: • Several field visits; • The participation of a structural engineer; Page 2 of 6 Item # 10 Attachment number 1 Page 3 of 6 • Assisting the City with inspecting and obtaining measurements of the gates by developing a plan for bypassing and draining the splitter box and by attending and assisting with the procedure during the night; • Coordinating with the gate manufacturer to determine repair and replacement options; • Developing a memorandum outlining the above. 3. PROJECT GOALS: Project deliverables will remain as outlined in the original Work Order with the above additional drawings and specifications added. Additional deliverables include the following: • One copy of the piezometer installation drawing and SWFWMD permit and completion report; • One electronic (PDF) copy of the splitter box evaluation memorandum; • One electronic (PDF) copy of the structural engineer's splitter box evaluation letter. 4. BUDGET: See Attachment "B". This price includes all labor and expenses anticipated to be incurred by King Engineering Associates, Inc. for the completion of these tasks, on a lump sum basis, for a fee of $38,406. No permits or application fees are anticipated for the project. 5. SCHEDULE: The additional tasks described above will be completed in accordance with the current project schedule. 6. STAFF ASSIGNMENT (Consultant): Pri ncipal/Project Manager: Assistant Project Manager Sr. Project Engineer: Engineers: Designers: Clerical: Christopher F. Kuzler, P.E. Tom Traina, P.E. Jeff Elick, P.E. John Xie, P.E., Josh Logan, P.E., Tatyana Gordyenko Frank Paul, Chanta Sengaroun Kim Joannides 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Christopher F. Kuzler, P.E. All City project correspondence shall be directed to Tara Kivett with copies to others as may be appropriate. Page 3 of 6 Item # 10 Attachment number 1 Page 4 of 6 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater Engineering, Attn: Deb Lutz, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly based on a percent complete for each task. Invoices will identify the costs for the NE plant. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96654-561300-535-000-0000 10. SPECIAL CONSIDERATIONS: None. PREPARED BY: Christopher F. Kuzler, P.E. Sr. Vice President King Engineering Associates, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Page 4 of 6 Item # 10 Attachment number 1 Page 5 of 6 C rwter F UZI, ff`d ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" _ 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.m honyktny_c1_earwater.com ? All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Page 5 of 6 Item # 10 Attachment number 1 Page 6 of 6 ATTACHMENT B CITY OF CLEARWATER Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Amendment No. 1 PROJECT BUDGET King Engineering Associates, Inc. Task Description Subconsultant Services Labor Total 1.0 Piezometer at Northeast Plant $1,400 $ 1,040 $2,440 2.0 Additional Improvements at Northeast Plant $11,300 $8,543 $19,843 3.0 Develop Competitive Specification $10,242 $10,242 4.0 Marshall Street Splitter Box Evaluation $1,775 $4,026 $5,801 Subtotal, Labor and Subcontractors $38,326 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc) $80 Grand Total $38,406 Page 6 of 6 Item # 10 Meeting Date: 1l/29/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction regarding preliminary greenhouse gas reduction targets, which will guide the selection and refined analysis of a set of greenhouse gas reduction strategies that, upon future City Council approval, will comprise Clearwater Greenprint: A Community Action Plan for Sustainability. (WSO) SUMMARY: Clearwater Greenprint: A Community Action Plan for Sustainability will result in a vision and strategic plan that looks beyond municipal functions and incorporates energy saving, pollution reducing programs and practices that can be implemented by households, businesses and institutions citywide. The first phase of this project will also include amendments to the Clearwater Comprehensive Plan pursuant to Florida House Bill 697 provisions of Chapter 163, Florida Statutes, and Florida Senate Bill 360 (2009). Under these provisions, local governments must develop strategies and actions that address energy efficient land use patterns, transportation and housing, reductions in greenhouse gases, energy conservation, renewable energy sources and mobility. The project will build on existing City programs and initiatives to improve community sustainability and livability including the Mayor's Climate Protection Agreement, Green City Certification and energy conservation policies in the Comprehensive Plan. Planning and Development Department staff has been working with a consultant team to complete a citywide greenhouse gas (GHG) emissions inventory (base year 2007). The inventory provides the City with a baseline for comparison of GHG emissions forecasts for both trend ("business as usual") and plan implementation scenarios (see attached GHG Inventory Summary Sheet). The Clearwater Greenprint stakeholder steering committee has met five times to identify project-related issues, opportunities and almost 200 strategies categorized under eight major topic areas. Five of these topic areas have direct impacts on GHG reduction (i.e., land use and urban form, transportation, green energy and buildings, solid waste, and water resources). The remaining three topic areas are indirectly related to GHG reduction but will be vitally important to achieving the GHG reduction targets (i.e., education and awareness, food production, and green business and jobs). This universe of strategies was ranked using a methodology that was refined by the stakeholder steering committee. Top-ranked strategies will be analyzed further for the Clearwater Greenprint (see attached GHG Strategies document). At their November 10, 2010 meeting, the steering committee recommended that City Council support the GHG reduction targets recommended by the project team. Fourteen members voted in favor, one opposed, and six members were not present to vote. The committee challenged the project team to achieve the higher end of the proposed ranges, and suggested that it might be possible to reach higher goals over time. The opposing committee member expressed concern over establishing a single set of goals for the community as a whole, as well as the static increments of percent reduction. He suggested that there should be two sets of goals (one for municipal operations and one for the community) and that the goals should increase by greater percentages over time to incorporate and address the community's learning curve. The recommended GHG reduction targets, represented by the percentage ranges listed below, will be validated through more rigorous analysis to determine with a greater level of accuracy that which could be achievable through implementation of specific strategies. Recommended Preliminary Greenhouse Gas Reduction Targets: 10-20% by 2020 25-35% by 2035 40-50% by 2050 Planning and Development Department staff requests that City Council provide direction regarding these preliminary MARRe gas reduction targets, which will guide the selection and refined analysis of a set of greenhouse gas reduction strategies I t? u IlTpfuture City Council approval, will comprise Clearwater Greenprint: A Community Action Plan for Sustainability. ?F 11 Review Approval: 1) Clerk Cover Memo Item # 11 I 4 N N U U N W y/?? W ?Q N cu N 0 cz U4- 6 E Qj ?_ cu X O Cz O ?I U O N c U I? 4- Q j cz E O cu O f/1 (h Ln v cu 4- E r? N V ? O ? •? (1) O U I? 4- V v y U N 4- 0 W ° V C? ? 0 .N E v 0 0 0 O O O 00 o l6 rq r14 >• +?+ }' o a_+ v u 00 0 . L L 4-J U U o o 4-J U u J aJ O Ln p (D W U W c m N o v W dJ +-+ 0 N c Z; c6 U W cv cv 4--+ O N 0- > N o 0 o O oc U (D z vi a O 00 N 0 v L 0 N O 0 Ln N O M I 00 0 rn 0 O 00 N c-I 0 N cH I 4 N W U u1 N -I i O O N 0 i.n aJ ?." ? 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O v, 41 v, V 4-J C ut 41 O U M C C C - M n - o U = 0 a) ? 0 p w .L M Q C7 co m a N Attachment number 2 Page 1 11/19/2010 Item # 11 Attachment number 2 Page 2 11/19/2010 Item # 11 2 Attachment number 2 Page 3 11/19/2010 Item # 11 3 Attachment number 2 Page 4 11/19/2010 k, f5l i1 Item # 11 4 Attachment number 2 Page 5 11/19/2010 Item # 11 5 Attachment number 2 Page 6 11/19/2010 Residential Business Industrial Government 2.5 M 1.0 M 0.0 M Roof Area Usable for Solar Power in 17.5 M Square Feet Item # 11 6 Attachment number 2 Page 7 11/19/2010 m: I, I-.}e' at Item # 11 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve extension of temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture A Dolphin's Tale, from December 15, 2010 until January 15, 2011, and authorize the appropriate officials to execute same. (consent) SUMMARY: In July 2010, the City Council approved a business lease contract between the City of Clearwater and Bottlenose Productions, Inc for use of the Harborview Center in conjunction with the production of "A Dolphin's Tale". The lease is scheduled to expire on December 15, 2010. However, due to production scheduling issues, Bottlenose Productions, Inc has requested an extension of the lease until January 15, 2011, in order to complete the project. There are no other changes to the lease. Staff recommends approval of the extension to allow an orderly completion of the production. Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 12 Attachment number 1 h!f_i'V-1 o-?i: J IA T'"ILI,1 17! 5 bot leno e pt`oluct i ons (Fqk) ` 274433319 Page 1F6fU2/0 OL November 18, 2010 City of Clearwater Florida 112 South Osceola Ave Cleteter, FT, 33756 'Rod Assistant City Manager RE: Bottlenose Productions, LL Extension oFLeasc for :1Tlarborview eater Dear -Mr. Irwin; Due to utfor'v,s n circumstances and production delays, we respectfully request to extend our lease dated 2 July, 2010 for use of the Harborview Center. e fully intend to have vacated the premises by the Christmas Holiday, but are requesting the extension to encompass coverage until January 15, 2011, in case of fi rther un-foreseeable delays. Everything has gorse splcndidt-- on our end re ardin our u. of Harborvi wv Center, as well as our experience in the City of Clearwater and surrounding areas. We want to thank everyone involved for their coo. em' on and patience. We are almost at the finish - ,i Pl(?e Ie n-,-,': tow if zbere is anything further you need to facilitate this request and what the next step of this process gill enta 1, Sirs re y, R. Colette Hailey Location Manager Bottlenose Productions, LL "Dolphin Tale7 727.487.3685 (o) cc: Try Bigham, Bob En elr n bottlenose Productions, LLC 400 Cleveland Street- d Floor Clearwater, Florida 33756 Item # 12 Attachment number 2 Page 1 of 2 AMENDMENT TO BUSINESS LEASE CONTRACT THIS AMENDMENT TO BUSINESS LEASE CONTRACT (the "Amendment") is made effective this day of December, 2010, by and among the City of Clearwater, Florida, a Florida municipal corporation ("Lessor"), having its principal place of business at 112 South Osceola Avenue, Clearwater, Florida 33756, and Bottlenose Productions, LLC, a Delaware limited liability company ("Lessee," and together with the Lessor, the "parties"), having its principal place of business at 10390 Santa Monica Blvd., Suite 250, Los Angeles California 90025. WITNESSETH: WHEREAS, Lessor and Lessee entered into a Business Lease Contract (the "Lease") dated July 29, 2010, whereby Lessor did lease to Lessee all of the premises commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, LESS AND EXCEPT that approximately 2800 square foot portion thereof under lease to Pickles Plus Too, Inc., a Florida corporation, and sixteen (16) signed, and other parking spaces appurtenant thereto, all as more particularly described in said Lease; and WHEREAS, the lease term (the "Lease Term") as set forth in Paragraph 1 of the Lease commenced on the 9th day of August, 2010 and continued until midnight on the 15th day of December, 2010; and, WHEREAS, the parties now mutually agree to amend said Lease solely with respect to the Lease Term, and in no other manner whatsoever; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Lease Term. Paragraph 1 of the Lease is hereby amended, extending the Lease Term for one (1) additional month to midnight on the 15th day of January, 2011, so long as Lessee is not in default of any other terms and provisions of the Lease. 2. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be consistent. 3. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 1 Item # 12 Attachment number 2 Page 2 of 2 4. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be duly executed on the day and year first written above. AS TO LESSEE: BOTTLENOSE PRODUCTIONS, LLC By: Name: Title: AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard, Mayor Approved as to form: William B. Horne II, City Manager Attest: Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk 2 Item # 12 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves for legal representation in the cases of Divaco v. City, Szlechta v. City and Rudman v. City (Beachwalk Cases), in the amount of $150,000. (consent) SUMMARY: Divaco v. City involves a claim of inverse condemnation arising from certain aspects of the design and construction of Coronado Boulevard, a part of the Beachwalk Project. A parking lot belonging to Divaco was curbed and, as a result, Plaintiff contended it lost seven parking spaces and lost business commensurate with the number of spaces lost. A trial on liability resulted in a finding that a small portion of plaintiff's property had indeed been used for constructing a sidewalk but that no taking had occurred as a result of periodic flooding or loss of access (parking). The only remaining issue is whether plaintiff is entitled to recover attorney fees and costs. Jeff Hinds will be preparing for and conducting a hearing on plaintiff's motion for attorney fees and costs, including experts' fees, set for December 21, 2010. Rudman v. City and Szlecta v. City are similar to Divaco in that the design and construction of Coronado Boulevard allegedly resulted in periodic flooding and loss of access and parking spaces. These cases were held in abeyance pending the outcome of Divaco, but are now active again. The plaintiffs will be seeking compensation for lost property, business damages, attorney fees and costs, including experts' fees. Mr. Hinds will be gearing up for discovery (paper and depositions) and eventually the trial of both cases. The additional funding in the amount of $150,000 is available in the City Attorney's professional services budget. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: 150,000 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 10012010 to 09302011 Appropriation Code Amount Appropriation Comment 000010096005301005140000000 150,000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Other Review Approval: 1) Clerk Cover Memo Item # 13 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law; authorize the appropriate officials to execute same and pass Ordinance 8233-10 on first reading. SUMMARY: The Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)l., Florida Statutes (2010). On May 13, 2010, Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074 (1) and 316.075(1)(c)l., Florida Statutes (2010). The running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater. The City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80 and finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8233-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS PURSUANT TO STATE LAW; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, on May 13, 2010 Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, the running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater; and WHEREAS, the City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80; and WHEREAS, the City Council of the City of Clearwater finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 30.020, Clearwater Code of Ordinances, is hereby created as follows: Sec. 30.020. Red Light Camera Enforcement Ordinance. 1 Intent. The purpose of this Ordinance is to protect the health, safety, and welfare of the citizens of the City of Clearwater, by specifically authorizing and implementing the use of traffic infraction detectors, as prescribed by Laws of Florida, Chapter 2010-80, within the City's jurisdictional limits. (2) Use of Traffic Infraction Detectors. Item # 14 Ordina Attachment number 1 Page 2 of 2 The City of Clearwater hereby exercises its option under Laws of Florida, Chapter 2010-80 (Sections 316.008(7) and 316.0083, Florida Statutes (2010)) to use traffic infraction detectors within its jurisdiction and to authorize a traffic infraction enforcement officer under Section 316.640, Florida Statutes (2010) to issue a traffic citation for a violation of Section 316.074(1) or Section 316.075(1)(c)1., Florida Statutes 2( 010). (3) Implementation of General Law. The City Manager is authorized to take all steps necessary to implement the provisions and requirements of Laws of Florida, 2010-80, within this jurisdiction in coordination with the Clearwater Police Department. The Clearwater Police Department shall be enabled by this Ordinance to oversee the Red Light Camera Enforcement Program on behalf of the City. This Ordinance shall further enable the City of Clearwater to enter into agreements with vendors authorized to carry out services consistent with implementation and enforcement of the provisions of Laws of Florida 2010-80. 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: Frank V. Hibbard Mayor Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Ordinance No. x4014 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Code changes requested for nonconforming uses, other. SUMMARY: As requested, the purpose of this agenda item is to provide Council a delineation of specific changes to the Community Development Code (CDC) as requested by Mr. Scott Bitman, owner of Cycle Masters, located at 3100 Gulf-to-Bay Boulevard. At a meeting conducted by the City Manager, Mr. Bitman identified those items that he felt precluded him from conducting the business activity as intended. Council is already aware that in 2007, Mr. Bitman acquired the property and commenced operations without benefit of requisite due diligence or by being burdened with obtaining any authorization, approvals, or a business license. Mr. Bitman did eventually submit an incomplete Flexible Development (FLD) application on February 6, 2009; however the necessary information to make this application complete was not submitted until October 7, 2009. After going before the Development Review Committee (DRC) at its meeting of November 5, 2009, the necessary revised plans were not resubmitted in order for the application to be brought before the Community Development Board (CDB) until June 11, 2010. Ultimately, on July 23, 2010, the CDB denied the development proposal. It is noted that based upon the initial application date, this proposal would have been able to be heard at the CDB meeting of April 21, 2009, had all materials been submitted and revised by the applicant in a timely manner. As of October 28, 2010, the business has accrued fines of $118,250, which will ultimately constitute a lien on the property. In addition, city staff has issued numerous notices to appear before the Circuit Court for various infractions. Illegal storage and keeping of inoperable vehicles has resulted in several being towed. At this point, the City continues to issue notices to appear for various ongoing violations and intends to pursue further court action to the extent possible to have the illegal business activity discontinued. A copy of the requested amendments to the CDC by Mr. Bitman is available. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 5 1. Eliminate six month limitation on grandfathering nonconforming uses. Pursuant to Community Development Code (CDC) Section 6-103.D, in the event a nonconforming use is discontinued or abandoned for six consecutive months, then the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this Development Code. This provision exists so that those uses that are no longer permissible within a zoning district will eventually be replaced by uses that are permissible within the zoning district. Without such a provision, there would be no mechanism to ever bring properties into compliance with regard to their use and would defeat the purpose of having permissible uses within zoning districts altogether. It is noted that the CDC also has a nearly identical provision that pertains to nonconforming structures, and has similar provisions that pertain to nonconforming signage and nonconforming access features. It is further noted that similar provisions exist in many, if not most, other zoning codes, including those of the cities of Dunedin, Gainesville, Jacksonville, Miami, Orlando, Sarasota, St. Petersburg, Tallahassee, Tampa, and West Palm Beach. 2. Pre-existing commercial should not be burdened by subsequently developed residential property. Within the Commercial (C) District there are several uses that are permissible, subject, in part, to compliance with the following flexibility criterion: The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. This criterion is applicable to each of the following uses: ¦ Alcoholic beverage sales ¦ Automobile service stations ¦ Limited vehicle service ¦ Nightclubs ¦ Outdoor recreation/entertainment ¦ Outdoor retail sales, display and/or storage ¦ Problematic uses ¦ RV parks ¦ Self storage ¦ Social/public service agencies ¦ Social and community centers ¦ Vehicle sales/displays ¦ Veterinary offices or animal grooming/boarding. In contrast, the following uses are permissible within the C District and not subject to this criterion: ¦ Accessory dwelling ¦ Educational facilities ¦ Governmental use ¦ Indoor recreation/entertainment ¦ Light assembly Item # 16 Attachment number 1 Page 2 of 5 ¦ Marinas and marina facilities ¦ Medical clinics ¦ Mixed use ¦ Offices ¦ Off-street parking ¦ Overnight accommodations ¦ Places of worship ¦ Public transportation facilities ¦ Restaurants ¦ Retail sales and service ¦ Telecommunication towers ¦ Utility infrastructure facilities A commercial property is not a "use", but a broad classification or category of many distinct uses each with their own standards and criteria that determine whether or not the use is appropriate in its proposed design and/or location. All uses have impacts upon their surrounding properties. Certain uses are deemed to have more substantial impacts than others, and those impacts may be viewed as being detrimental to residential properties. As such, rules or criteria have been established to limit the ability for those uses to be established adjacent to residential properties. Something that has historically been typical of many municipalities is numerous "commercial" zoning districts (Limited Commercial, Neighborhood Commercial, General Commercial, C-1, C-2, etc) that are based upon marginal distinctions. What Clearwater and many other cities have done is to collapse or create fewer condensed commercial districts that employ criteria to provide a more logical framework for where certain uses may be located. This is done, not only for this framework, but because the single district promotes more uniformity between each commercial area. 3. Setbacks should not apply when property is taken through eminent domain or voluntarily sold for public purposes. The CDC states the following as it pertains to nonconformities created as a result of eminent domain (CDC Sections 6-110.A, B and C): A. In the event that an eminent domain action creates a nonconforming structure, such nonconforming structure may remain as a legal nonconforming structure provided that all other regulations of this Code regarding nonconforming structures are met. This section shall not be applicable to single-family detached and attached dwellings. B. In the event that an eminent domain action renders a site nonconforming with respect to the development standards of this Code, the property shall be required to comply with the development standards to the maximum degree physically and financially feasible as determined by the community development coordinator. The community development coordinator may require mitigation and/or improvements to the site that are related to the Item # 16 Attachment number 1 Page 3 of 5 specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this Code. C. All other nonconformities created as a result of eminent domain shall be governed by the provisions of this article. Pursuant to CDC Section 3-903.A, no building or structure shall be permitted in a setback required by the applicable zoning district. Pursuant to CDC Section 2-702, within the C District, the minimum required setbacks are 25 feet (front), 10 feet (side), and 20 feet (rear). As stated in CDC Section 6-110.6, "the property shall be required to comply with the development standards to the maximum degree physically and financially feasible," and "may require mitigation and/or improvements to the site that are related to the specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this Code". The CDC does not require total compliance with all of its otherwise applicable provisions when dealing with nonconformities related to eminent domain. It simply requires as much compliance as possible, and mitigation/improvements addressing specific conditions, public safety issues, and the stated purposes of the Code. It is understood that not all elements of the Code are possible to be complied with subsequent to a taking of property via eminent domain, but it is also understood that certain improvements or changes may be necessary to address issues born from eminent domain. 4. Eliminate rules that limit outdoor sales, display and storage. Pursuant to CDC Section 3-913, unless otherwise expressly permitted in the zoning district in which the property is located, the outdoor display and storage of goods and materials is prohibited. Pursuant to CDC Section 2-7031, within the Commercial (C) District, outdoor retail sales, display and/or storage may be approved as a Level One, Flexible Standard Development, subject to the associated property meeting established development standards, and the following criteria: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas unless the principal use is the sale of living plant material; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. All buildings located on the parcel proposed for development are finished or painted in earth tone colors; 4. No cyclone, chainlink or other metal mesh fences are located on the parcel proposed for development; 5. All fences, excluding gates, are landscaped on the exterior of such fences with continuous shrubs or vines and trees located 20 feet on center; 6. No goods and materials other than living plant material which are stored or displayed outside a building or structure are located within a required setback; 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division 7 in regard to landscaping; 8. The height of non-living goods and materials stored or displayed outdoors shall not exceed 15 feet; Item # 16 Attachment number 1 Page 4 of 5 No building materials or automobile parts or supplies which are stored or displayed outdoors shall be visible from a public right-of-way. It is noted that pursuant to CDC Section 3-1502.F, the following rules also pertain to exterior storage and display on nonresidential properties: 1. All equipment, materials and merchandise shall be stored and located at all times within an enclosed structure and no exterior storage of merchandise for sale shall be permitted unless expressly authorized pursuant to the provisions of this Development Code. 2. Garbage and trash shall be deposited only in dumpsters or cans or other receptacles specifically manufactured and intended for such purpose, and secured at all times with a tight fitting cover or lid. 5. The cost, criteria and time for the FLD application is too restrictive/cumbersome. A recent, yet not completed, comparison of development fees between Clearwater and surrounding municipalities and counties would appear to indicate that Clearwater's application fees are not overly restrictive. This study would, in fact, appear to show that fees actually run approximately $800 - $1,000 less in Clearwater than the average of the other government entities studied. The criteria for FLD (and even for FLS) applications are established in order to facilitate compliance with the numerous general purposes of the CDC set forth CDC Section 1-103, as well as the goals, objectives and policies of the Comprehensive Plan. It is the purpose of the criteria to provide structure to the means by which the flexibility offered by our Code is granted either by staff or by the Community Development Board. It is also the purpose of the criteria to help regulate those uses that may not be appropriate generally, or without restriction, within a zoning district, as those uses may possess certain characteristics which may make them incompatible with existing uses, contiguous zoning, other permitted uses, or future uses. In other words, certain uses may be allowable within a zoning district, but may not be appropriate to be located anywhere in a zoning district. The flexibility criteria within the Code provide direction in steering those uses away from areas where they may be incompatible or have a negative impact. Item # 16 Attachment number 1 Page 5 of 5 The time frame for Level PERMITTED USES: LEVEL TWO Two (FLD) approvals is set forth in Article 4, Division 4 of the CDC and is specific in the number of days involved in each step - - of the application process. V WN F(W .?P!'?tz)t,?L The process, from the MAX, ubmittal o a complete -------- A) S ----------------- --------- ?? application to the Planning I ?? ? and Development $1 AN Department until it is 18DA' reviewed by the CDB, lasts approximately 78 days. c? ?r However, this time could MAX. 33 s be longer depending upon the length of time necessary for the 1':R I N6 OITK <<R ., ?1R''1?A;1 I?I A 11,-I i .., iM;11tD III P1 ?1I l W11)) applicants to make their . (Cf 10A) applications complete, or to respond to comments WHO following the ??? Development Review L Committee (DRC) ki ,. meeting. Item # 16 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: MPO Reapportionment Plan - Hibbard and Doran SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 J r'i1C®lmL ,S COUNTY iI'T?{' P tT N LAl Il6'' .. 600 Ohnvela.nd Street Sutt?_ 7-)u NovembG,° 17, 2010 Mr, tNilliam borne, City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 88758-4748 Dear Mr. Lorne: R : IMPO ?.apporr'tionrnent Flan Attachment number 1 Page 1 of 6 ?.I R1, da 33755 (727) 464-8200 Phone (727) 464-8201 Fax Several months ago, a Transportation/Land Use Committee comprised of board members from the Metropolitan Planning Organization (MPO), the Pinellas Planning Council (PPC). and the Board of County Commissioners (BCC) was established to look at nays to better- intecrrate countywide transportation and land use planning. Among other tNncgs, the Committee recommended that a single board be established to serve as both the policy board for the MPO and the PPC. It was the consensus of all three entities that the MPO Board, expanded to include cities not currently represented, would serve as the unified board for the MPO and the P PC> At its meeting of November 74, 2010, the MP0 approved a membership Reapportionment Plan (attached) to add two additional seats: one for the ten beach communities and one for the inland communities that do not currently have seats on the Lcard. The Reapportionment Plan calls for the seats to be rotated amorg the affected cities every two years. State la%v requires that the Reapportionment Plan include resolutions of support frern member agencies. To that end, each focal government is asked to adapt a resofut on of support. The Reapportionment Plan and a draft resolution are attached. Once your agency approves the resolution, please for,vard a copy to the VIPO so that it may be included i the Reapportionment Plan, which must be submitted to the Governor's Office for final approval. Please note that the' MPO's action to expand the board membership is contingent on the approval of changes to the PPC's Special Act. Therefore, the Reapportionment Plan will not be SL lb m tted to the Governor until the Special Act is amended. Should you have questions concerning the Reapportionment Plan or the requested local action, please contact Mr. Brian Sm'th or Ms. Sarah Ward of the MPO staff at 727-464-82134.. Sincerely, Chris ArhUtine, Chairman Pinellas County Metropolitan Planning Organization Attachments Ml - 0 tir'?/F-BSITE: wwv,, rlnellascounty.org/mpo Item # 17 Attachment number 1 Page 2 of 6 Lf'' A),11i'i0i'; 1,1°10, A i ivr Ll lp, "l iM (njaasert name of local cal ? ?overnment ?€?r I? g?g'S?'.,%) A..&,. VP,0' v J'?°??ia ,t {r"? d??.1i?r1y .@O3?l?'?9:.`l? :i® A PLAN FOP-,- ,. Tf' F AND PROVIDING A EFFECTIVE DATE a"v'fif,;REI S, the Pinellas County Nlc.trnpolitan Planning Or arii/.ation (MO) way ccL:mL?d and est4il?litihe?i by in lnterlckc;al Agreement in AuPust 1977 to pore}I'til transportation functir;t," identified in F?dcral La\rs Titlc'23 U.S.C. and 49 1J.S,C;.,- and WHE1?1,,AS, the State i.e4is'WL11-e enacted Florida Statutes 334.215 to define the Metropolitan Planning Organizations unticr° 'state law; and WHEREAS, Florida St,ittitc ; 'i 4.215 was replaced by Florida Statutes 339.175: and 10,1illiJU,',AS, the Interlocal Agreement estaf.,lisliili? the MPO was last amended in 2004 pursuant to tht - provisions of Chapter 339.175(2)(b); arid WHEREAS, Florida Statutes 339.175(3) provides that the voting nienihLcrL hil, of the iMPO shall consist of not fewer than 5 or more than 19 apportioned members, the C, ? L:t nt.rmber to be determined on an equitable geographic-lrPi)ulatiran ratio basis by the Covernor, ba?cd on agreement among the affected units of general purpose local government as rctltaired by federal rules and regulations; and WHEREAS, the Pinellas CuLinty M PO is currently comprised of eleven rIi rnbers; one each front the cities of Clearwater, Largo, fineIli, Park and Dunedin, two frirni 'ihe Ciry of t. Petersburg; a rotated seat shared by the cities oi' 0ckm.ir,. Safety Harbor. ;anti Tarpon Spnn`'ti, three County Commissioners; and one from the Pinella , Sun coast Transit :14tithi,?rity; and Is"i'fi[a:i AS, the Pi,leilas County %440 dc.,ire:s to r "lpportion the board mernbership to provide rcprc?cntation for al local governments in the COuraty; ?Md WIdFlyFAr ,, the Pinellas County kll'0 li is approved a N'Ictnlhcrrlaip 1'' reaapportiottra-rcm N'til which provides for the ad6'1tiuii of twi rrcinhtrr, ouc: rrl rcrcntin the cities of Pcllcair, 3ellcair 131rrff, C rrlflx0rt, K'-nneth City, Sc3niii, lc anti Sotuh 1'asadenrt ,anal another representing tlae cities of 13UI1tair Beach, i3Cleair Shore, fjidian Rocks Beach, Indian' hares, Nladeir;a Beach, North Redinfton Beaclt. 1:GCiii1<<,toti Beach, Redingtc_ ii ?ll !I S, St. Pete R rtch and 'Freasarre Island, bringing the total 4otirr- incmburship to thirteen. NOW, I I i l R 1 1- ORE, BE IT i I SULVh 7 by the (name of local government or PSTA) that-, 1. The (local ovornrnent or PS°CA) hereb4? approves the MPO Merttl,tr-sllip eGi1'}1??,1't1?:;nment Ilan and agrees to be a tmetiri?cr' 'M coiii-or"rizance with the Plan <n,[ ;-'t`itanury retluireniclats. 2. "I"lais I esolr:rti0ra shall become €t°ctia c it imcdirittly upon passage and adoption, l'r1SS1,;1..) AND ADOPT 1;17 BY l`1-ll_1.: (name t)i'luc:al governmQnt or PS"l'A)'i'111S (insert Item # 17 Attachment number 1 Page 3 of 6 PI F'T LAS C iIMN'r METRO PC'I'-J l a!k PLANNING Tf? "". _N ZA'1 ION [?JF, Jil1T,, SHIP RE/-">-' 9'l--IORT°IONMENT PIA Pinellas County is located on the central west cods of Florida. According to the IT itod ?1.aites I3ure to of the C'crlsus, the entire County is url,,mize . In 2009, the County's popu 3tion vas e,,,ili rated by the University of Florida's Bureau of Economic and l_ i.isiness Research to be 931,111 Fedond law (Tile 23 Code of Fcdcr<il Fte;-trlatic n Part 150) provides that a nretropoliUm planrimp, orp'-Wi;_?ttion shall be desi inaltd 1'61 c-tich u1-l?allirC l area with a population of more than. 50,tW iridividaals, The Pinellas (.1'ovi0\,, Nletropi)iitan Planning Organization ??.as created in t977 pursuant tc Eli,- provisions of federal rules -t d regulation and companion state laws, C'.hapter 339.175, l . . (3) {a) provides that the vrtill? membership of a 1?tt'op alitari Planning Orpanir-ttion shall cl,nsist of not f6ver than 5 or ri rc than 19 apportioacd lneinbers, thte e taxi numN2r tt b,2 &IC' rninecl on a equitable a t_s3:ttl hie-l t p?rlatir?rr ratio basis by the Govc-unor, based on an a`-rc-'mcnt unong tl1e: A'J'-:ctcd unity of er er'l1-purpose local government as required by f-edcrai roles and regulations. 'Fic Governor in accordance with 23 U.S.C. s.134, may provide for MPO r11cllthers who rl°presont municipalities to alternate with representatives from other rt7tu icip tltti s r,.ithin the nlctru; [,litan planning area that do not have members on the M110, With -.1omc t,Lccptions,. Counl,; C omnii`sion nrembers shall comprise not less than one-third of Lhc 111'0 n embcrS1Wp. 17111-tllcr, t_;Iiaptter 339.175, F.S. (3)(b) provides that in metropolitan areas In .thich aullioril.i(2s tar c)tllar a`?cncic., have beers created by law to perform tT,rnspttrtatiurl functions ltiLl airs: 1)?,i-furrning fun tions thtt art, not urid r the Jurisdiction of a c;cncrr_l-purpose local govc•rrinaent represenfecl on the MPO, they shall be '?rovidcd voting; mernbet-hip on the MPO. In Pinellas Cotrnty, that would include the Pitiell,ts ',unc+)ast Transit ALIthority (PSTA). Coutit;' uornniisslulm-, tihall comprise not less thmi percclit of the MPO rrienibership if an official of an ag ncv tll ll operates or adr imi stci's a major mode of transportation has I)ccri appointed to the N lPO. Bx?Lll, e the PS'FA has anelrl6ership on the MPO, the County CrmnllsrioTi representation is reduced to less than one third, as allowed by law. All voting mernbers shah be elected of-licials of general purpose local government. Subsection -174175(4) F.S. provides that the Crovernet-', with the agreement of the iii ct c{ rraits of C ICr.II-I urpo e local govemnl cnl :is required l-,y federal Mules and regulation,;. apportion the r1 cmbershW on the applicable "IVleEropolitan Planning Clrganization (vIPO) among the various govca iiinemtal entities within the area, Cain-cndy, the MPO is ccI_Ipriscd of II members as ,Iiowti in attaLlirrlent A and Fi,,.==itre 1, r°?pretiel3tang tai rntlilr;'ll? !1 ?'7 ?eti11l1eIltti. 01C C.17itif'y' ilnirlil: Sgt i1 'lid FIS I A. 0t1e mtmtL'll),.al it ttjnxent seat is share I l?_, thr-, (rit't:s (t.}I l:stnar, S,ti'?2ty H trl a!r. and f irlx?n SI?rIi7^.,;. On the c.lrrcnt I)oard, the Coulily t't,,ttltrir i.nt1 Iel n' t2tits tilt: i..tl`tiriL20LPOrUt'2(1 <tr_:l5 <t Well L1J 111,> 16 cities that 4[o not have seats c)n the l)oard. The District Secretary for the I lc)ri 1 ! I)cpartznent of Tr"?IMTt)rtatlt n is an ex-oftlcD2 Ili_tri voting member. The MPO props es to reapportion its boars_I riiciiil-lorship to add ? additional seats to be s}lc?recl arnong the 1 chic- ors a rotating basis, Ten of'the citi(:, l'?lle,tii Uc tc.li. l'Ielleair- Sl?t_,rz, Ilil.li ?n l?otl s Beach, hi,dian Shores- Madeira Be lclt. North I L°Liill`Ff n ll'IcLtch. RcJ' tur: H ° tU1r, Retliticton Shores, St. Pete Beach, and "Lr4t3s,lr Island) arc I,ic<ilt--d ilorig the C,iuli }, i`11CS. li.a_s corninunities which have a conibinc l pt_ pulation oll 30.153 would share one scram. 'I`hc Item # 17 Attachment number 1 Page 4 of 6 r7tl ct .ltic -, (1 llc iit, Relleair• Bluffs, (.lulf'1 r•t, Kenneth City., eilliflcll aiiLi Soutll Pasadena) are inlancl cnnimrlnitic, with a con-ibinecl p,1pulatic,n of 47,654. Thosc cozrnrtl-Initicwill share the se :c n { . at I l,c: seats would be rotated \\ ilh terms of two yews. i'he MP O "votrld coordi. ate th n1ciabL? r clcction. The County Commission would represent the uninccrpt)ratctl ;trca popl_rlar_iun, 3s w -,H as the c-untywide 1?t?pul?atir,r . reap representing the propose; Inu??ib I.;l?i 7 is attached as Fi fire. 2. L-' 2c?tttse the entir,? County is urbanized, 1 i-tire 2 also repro-cnts tlic planning; arcs hourndary t,ilt,3 1n develop the reapportio- iirtent plan, the vll'o ,-rtili xetl 1009 poptll?ttlt?rj estirn;ttes li-carxr the l of F"lori€1a's Bur'atr 4 Economic <tt7.d EuSlncss R?2,?carclt (PE>RP)• Population figures ioi - thQ individual jurisdictt(n,i are shown below in Tahle 1. T,4, 1B f ellcall- 4 - 1,6f}7 kellcair Biuffs 2,196 J)'elleair Share 72 Clearwater 109,907 Dmi( in. 37,451 ( u11 pc r 12,659 Ind sal] I odes Beach 5,211 ln(11?ln ?-'ho es 1,787 KennLxih City . 4,481 - Lar-'c 74,805 L' l lrl' l l3Cac}1 4,427 North PZcdl'm-,ton 3each 1,517 Oldsmar 13,817 Park 48,939 Re 1ir?Lr _c11i Beach 1,597 Rediii,-,roji shores 2,. 04 ai`ti I gal fa€?r 17,708 St. Pctc• 11,'aeh 9,822 St, Petersburg 248,729 Senlint,lc . 18,888 u ?w ....? 5,285 1.Irp )r Springs 24,472 lr a> uc lsi r7?1 7,609 Linln?vtt,c,r steel ??tca '1w J IEo 30 Ho 271,478 p, .r u .,.,„...,,.___ .....,.,. 931 TI Y AttacfrcLl TO r'csoltrtions of iipport fron-i local govr°rrlrricnts ind the I'Pnt (f is ?TTrcilast Transit Authority supporting the Pc -a?1tt}rtionnent flan (t,k ltc t.l?lccl p z,aJM- ar;uon (IClocral ?r;LIL.rxcies). P ii .r,. loc-q ] 1 N': i -rrn'u,-r.hil, [ L[[?i?i'i. I1 IA [11 an 2010 Ck Item # 17 Attachment number 1 FIG-JRE 1 Page 5 of 6 Tai c S131-i) 'j fur, it'd lYer'itl .. f arsrorFUa, u EXIS r t7 r_zat7'',f7 'a?L'I f Gulf AND a of POPULATION i Y.tL L` ;ice -: CU FU F?, - ,? 3t.IZ c r"°r UCIST-I Rot, itlCl? 1"vI ,iiib or ,941 36,787 d arbor (?? 1 Rota Meaxlber 1 ?rVYr -r - F7,386 1 I?,rz -T )C-I- 10 1523 PD., l at?? eS' t 46,174 ? r i1g a1? J ?. ti raAc?". ,? q _t r t 70,777 i= ?N? I ? I Is # ? l r r ,j,'_ 51. Peter'sbuxg 2 members ?... `,' 0 sLP1t O1 4 1 i .n 7 w ..b The existing uei od)ership also in(Judes t `Iree represerztat!Ves Of the ? Plnellas ounty Board of County Co i'n7 ssiuner (BCC), Y 'ft and one from the PiP;,il s Sunco,,ist Transit Authorrlty The CC repres ci is Taincorporated Pinellas County and inur;ic??Atc.s ?thacx direct representation, The population ? ? ? ? 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HU..LS6CtRS7lfGH CfAIl;J'r's' I Item # 17 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Discussion regarding regulation of amplified outdoor sound - Cretekos SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 From: Surette, Rob Sent: Monday, November 08, 2010 11:09 AM To: Hibbard, Frank; Doran, John; Cretekos, George; Gibson, Paul; Jonson, Bill Cc: Akin, Pam; Horne, William; Holloway, Anthony; Manni, Diane Subject: Outdoor Amplified Sound p J ffi C 9t' $ late - `. - I .. I L )rtion of w. 2 124 it 11 P-' F --t- ?. -J i not in e o? _, r --'ie hours of 1 7:C _ _)rnin I L _ day, inclu i` c r 11:59 p.m. 1 '_ -4 ^4 i$hin n rc? ic? n fnrrn (4 c r9 l - :A l r unds," Flo oz ?A I c - in r: >ee. Thu frorr Sect l Item # 18 Attachment number 2 Page 1 of 4 Westlaw, Page I 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) District Court of Appeal of Florida, Second District. Arthur F. DALEY, Petitioner, V. CITY OF SARASOTA, Respondent. No. 2D99-2740. The mere existence of an alternative means of ex- pression, such as unamplified speech, will not by itself justify a restraint on the particular means that the speaker finds more effective. U.S.C. A. Const.Amend. 1. March 8, 2000. The owner of a business using live bands and recorded music brought action against city for declaratory judgment that noise ordinance was unconstitutional. The County Court, Sarasota County, invalidated the ordinance. City appealed. The Circuit Court, Bob McDonald, J., reversed. Owner petitioned for writ of certiorari. The District Court of Appeal held that or- dinance prohibiting all amplified sound emanating from incompletely enclosed structures violated the First Amendment. Writ issued; circuit court decision quashed. West Headnotes Constitutional Law 92 X1894 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(I? Entertainment 92k1893 Music 92k1894 k. In General. Most Cited Cases (Formerly 92k90.1(6)) Music and amplified music, as forms of expression and communication, are protected under the First Amendment. U.S.C.A. Const.Amend. 1. 121 Constitutional Law 92 X1840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification 92k1840 k. In General. Most Cited Cases (Formerly 92k90(3)) 3 Constitutional Law 92 X1735 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Gl Property and Events 92XVIII(G)2 Government Property and Events 92k1732 Public Forum in General 92k1735 k. Justification for Exclusion or Limitation. Most Cited Cases (Formerly 92k90.1(4), 92k90(3)) The government can constitutionally restrict expres- sion, even in a public place, if the limitations on the time, place, and manner of the protected speech are reasonable and the restrictions are justified without reference to the content of the regulated speech, are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication of the information. U.S.C.A. Const. Amend. 1. IL Constitutional Law 92 01509 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(A) In General 92XVIII(A)1 In General 92k1508 Time, Place, or Manner Re- strictions 92k1509 k. In General. Most Cited Cases (Formerly 92k90.2) Constitutional Law 92 X1840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 18 Attachment number 2 Page 2 of 4 Page 2 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) 92k1840 k. In General. Most Cited Cases (Formerly 92k90.2) Municipal Corporations 268 X596 268 Municipal Corporations 268X Police Power and Regulations 268X(A) Delegation, Extent, and Exercise of Power 268k596 k. Public Peace and Order. Most Cited Cases City noise ordinance that prohibited all amplified sound emanating from incompletely enclosed struc- tures within a commercial business-newtown (CBN) zone violated the First Amendment, even if the or- dinance were limited to commercial speech; the or- dinance applied during certain hours of each day, regardless of the volume of that sound and regardless of whether that sound could be heard outside of the structure. U.S.C.A. Const.Amend. 1. IL Constitutional Law 92 01840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification 92k1840 k. In General. Most Cited Cases (Formerly 92k90.1(1)) Sarasota, for Respondent. PER CURIAM. Petitioner Arthur F. Daley ("Daley") seeks certiorari review of a decision of the circuit court, sitting in its appellate capacity, which reversed a county court order declaring unconstitutional as overly broad a portion of a noise ordinance enacted by the respon- dent, City of Sarasota (the "City"). We conclude that the circuit court departed from the essential require- ments of law in finding the challenged portion of the ordinance to be "narrowly tailored to achieve the legitimate interest in regulating unreasonable sound" and in *125 concluding that Daley's challenges to the noise ordinance were not "real and substantial." We accordingly issue the writ and quash the order under review. The City enacted ordinance number 97-4019, which created, among other things, section 8-322.1(a) of the Sarasota Zoning Code. The portion of the ordinance challenged in this proceeding prohibits all amplified sound in nonenclosed structures in the area zoned Commercial Business-Newtown (CBN), during cer- tain hours of each day, regardless of the decibel level of the sound being produced and regardless of whether the sound is audible outside the structure. The chal- lenged portion of the ordinance provides: Municipal Corporations 268 X594(2) 268 Municipal Corporations 268X Police Power and Regulations 2682iA Delegation, Extent, and Exercise of Power 268k594 Ordinances and Regulations in General 268k594(2) k. Form and Sufficiency in General. Most Cited Cases The requirement of real and substantial overbreadth did not apply to First Amendment challenge to city ordinance that prohibited all amplified sound ema- nating from incompletely enclosed structures within a commercial business-newtown (CBN) zone; the or- dinance did not prohibit a core of easily identifiable and proscribable conduct. U.S.C.A. Const.Amend. 1. *124 Mark A. Gmwell, Sarasota, for Petitioner. Michael S. Perry of Taylor, Lawless and Singer, P.A., Amylirted sound yrohihited. Amplified sound not in a completely enclosed structure is prohibited between the hours of 10:00 p.m. and 7:00 a.m. the following morning on Sundav through Thursdav, inclusive, except the day prior to a holidav, or between the hours of 11:59 p.m. and 10:00 a.m. the following morning, on Friday, Saturdav, and the day prior to a holidav. This section shall not apply to structures or portions thereof used primarily for residential purposes. "Amplified sound" is defined as the "using or oper- ating for any purpose, or permitting the operation or use for any purpose, any amplification system or any amplified radio, phonograph, tape player, television set, musical instrument, drum or similar device which is amplified... .. Amplified" is defined as "to increase the strength, amount of or loudness of a device." The ordinance defines "completely enclosed building" instead of "completely enclosed structure" and re- quires all doors and windows of a business to remain © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 18 Attachment number 2 Page 3 of 4 Page 3 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) closed, except for normal ingress and egress. A temporary exemption from the ordinance can be obtained by a person who secures a specially limited permit from the city manager for community events or programs, construction, and demolition. A fairly long list of permanent exemptions includes noise from fire or burglar alarms, emergency sirens, church bells, cellular telephones, automobile sound equipment, and motorboats, as well as noncommercial public speak- ing covered by a different section of the City Code. Daley owns a business within the district zoned CBN. He entertains his customers with both live band performances and recorded music. After receiving two citations for violating the amplified sound prohibition in the ordinance, Daley filed a motion in the countv court to declare the City's noise ordinance unconstitutional. After a hearing the fudge granted the motion, declaring the or- dinance unconstitutional as overlv broad and dis- missing the citations against Dalev. The Citv appealed to the circuit court, which found that the ordinance was "narrowlv tailored to achieve the legitimate interest in regulating un- reasonable sound" and reversed the countv court's order. The circuit court further described Dalev's challenges to the noise ordinance as "hvpothetical examples" and not "real and substantial over- breadth challenge[sl." Citing to Secretary of'State of Maryland. v. ,lose h H. Munson Co. Inc. 467 U.S. 947, 964, 104 S.Ct. 2839, 81 L.Ed.2d 786._(198 , )the circuit court found that any prosecution that might occur based on Daley's hypotheticals could be ana- lyzed either by a limiting construction or an "as ap- plied" constitutional standard. Our review of the or- dinance and the applicable cases convinces us that, in coming to these conclusions, the circuit judge de- parted from the essential requirements of law by ap- plying the incorrect law. See Haines City Community Dev. v. Hugs, 658 So.2d 523,.530. (Fla. 1995). 1 2 "Music, as a form of expression and com- munication, is protected under the First Amend- ment." Ward v. Rock Against Racism, 491 U. S. 781, 790_109 S.Ct. 2746 105 L.Ed.2d 661 (1989). This protection extends to amplified music. *126 The United States Supreme Court recognized in Saia v. New York 334 U.S. 558 68 S.Ct. 1148 92 L.Ed. 1574 1948 , that the use of sound amplification equip- ment within reasonable limits is an aspect of free speech protected by the First Amendment. Fur- thermore, the mere existence of an alternative means of expression, such as unamplified speech, will not by itself justify a restraint on the particular means that the speaker finds more effective. See Reeves v. McConn 631 F.2d 377, 382 (5th Cir.1980). [3] By enacting this ordinance, the City has sought to regulate protected free speech in a public forum. The government can constitutionally restrict such expres- sion even in a public place, if the limitations on the time, place, and manner of the protected speech are reasonable. The restrictions must be "justified without reference to the content of the regulated speech, ... [be] narrowly tailored to serve a significant governmental interest, and ... leave open ample alternative channels for communication of the information." Ward, 491 U.S. at 791_109S.0.2746 (quoting Clark v. Com- munit or Creative Non-Violence 468 U.S. 288, 104 S.Ct. 3065, 82 L.Ed.2d 221..(198 ). 4 The circuit court in this case found that the Citv had a legitimate interest in regulating "unreason- able" sound and its ordinance was "narrowlv tai- lored" to achieve that interest. The Citv's ordin- ance, however, is not limited to prohibiting "un- reasonable" sound. Instead, it prohibits all ampli- fied sound emanating from incompletely enclosed structures within the district zoned CBN, during certain hours of each dav, regardless of the volume of that sound and regardless of whether that sound can be heard outside of the structure.' FNL We point out that in the absence of any objective criteria, such as decibel limitation, unamplified sound greater in volume than amplified sound is permissible under the or- dinance. The goal of regulating unreasonable sound is un- questionably a matter within the City's province. However, that goal, no matter how laudable, can- not be achieved by the overbroad regulation of activities protected by the First Amendment. As currentlv written, the Citv's ordinance can be used to suppress First Amendment rights far more se- verely than can be justified by the Citv's interest in regulating unreasonable sound. See Saia, 334 U.S. at 562, 68 S.Ct. 1148 C.C.B. v. State, 458 So.2d 47, 49 (Fla. lst DCA 1984). © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 18 Attachment number 2 Page 4 of 4 Page 4 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) 11 The requirement of real and substantial over- breadth applies primarily "where conduct and not merely speech is involved." Broadrick v. Oklahoma 413 U.S. 601, 615, 93 S.Ct. 2908, 37 L.Ed.2d 830 t1973 1. Here, of course, the City's noise ordinance is concerned primarily with regulating forms of speech and not conduct. Moreover, the "real and substantial" requirement is appropriate "in cases where, despite some possibly impermissible application, the `re- mainder of the statute ... covers a whole range of easily identifiable and constitutionally proscribable ... con- duct.' " Munson 467 U.S. at 964 104 S.Ct. 2839 (quoting United States Civil Serv. Comm'n v. National Assn o Letter Carriers 413 U.S. 548 580-81 93 S.Ct. 2880, 37 L.Ed.2d 796 (19731). That is not the case here. The challenged portion of the City's noise ordinance does not contain a core of easily identifiable and proscribable conduct that it prohibits. Instead, it indiscriminately bans all amplified sound that does not emanate from a completely enclosed structure, during certain hours of each day, regardless of its volume. regardless of its volume. The City may regulate amplified sound subject to strict guidelines and defi- nite standards closely related to permissible govern- mental interests. Although the drafting of such an ordinance is a task for the City and not for this court, see C.C.B. 458 So.2d at 50, we note that any such regulation must be sufficiently definitive as to secure against arbitrary enforcement. See Easv Wav of Lee County Inc. v. Lee Count 674 So.2d 863 866 Fla. 2d DCA 1996). We accordingly issue the writ and strike the chal- lenged portion of City ordinance 97-4019. The order of the circuit court is quashed. CAMPBELL, A.C.J., and CASANUEVA and DA- VIS, JJ., Concur. F1a.App. 2 Dist.,2000. Daley v. City of Sarasota 752 So.2d 124, 25 Fla. L. Weekly D617 END OF DOCUMENT The City's ordinance is flawed not simply because it sanctions some constitutionally-protected con- duct, but because it is founded upon the mistaken premise that all amplified sound in nonenclosed structures is unreasonable during certain hours of the day and can be prohibited regardless*127 of the First Amendment rights it suppresses. It is therefore subiect to facial attack. See Munson, 467 U.S. at 964, 104 S.Ct. 2839. The City asserts that a limiting construction can be placed on the ordinance's application to avoid a find- ing of overbreadth if it is restricted to the prohibition of amplified commercial speech only. Imposing such a limitation, however, would not cure the constitutional infirmity. A blanket ban on all amplified commercial speech not emanating from within an enclosed struc- ture during certain hours of each day, regardless of its volume, would still extend too far. See Beckwith v. De artment o t' Bus. & Pro l Regulation, Bd. o Hearin Aid S eciah is, 667 So.2d 450, 451 (Fla. lst DCA 1996). Citv ordinance number 97-4019 is unconstitutional because it curbs First Amendment rights in a manner more intrusive than necessarv. The Citv cannot absolutelv ban all amplified sound in non- enclosed structures for certain hours each day © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 18 Attachment number 3 Page 1 of 3 Section 3-1508. Noise. A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise that can be heard upon the public streets, sidewalks, or rights-of-way, in any public park, in any school or public building, in any church or hospital, or in any dwelling and that can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source. The term "loud and raucous noise" shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes, but is not limited to, the kinds of loud and raucous noise generated by the activities enumerated in subsection B when the loud and raucous noise can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source, but not including activities enumerated in subsection D of this section. B. The following noises, as limited by Section 3-1508A, are declared to be public nuisances in violation of this section: 1. Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device that will effectively prevent loud and raucous noises therefrom. 2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy equipment so as to create a loud and raucous noise. 3. Blowers, etc. The operation of any blower or power fan or any internal combustion engine, unless the noise from such blower, fan or engine is equipped with a muffler device sufficient to prevent loud and raucous noise. 4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise. 5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise. 6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or other device for amplifying sound shall be operated or permitted to operate within the city such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise. 7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day. 8. Animals, birds, etc. The keeping of any animal or bird which habitually makes a loud and raucous noise. 9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise or disturbance which is not equipped with a muffler so as to prevent a loud and raucous noise. Item # 18 Attachment number 3 Page 2 of 3 10. Construction or repairing of buildings. The erection including excavation, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the building official, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the building official should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, the building official may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. 11. Commercial deliveries on property adjacent to residential property. Deliveries of goods and materials to commercial property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 12. Property maintenance equipment. The use of property maintenance equipment on any property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 13. Noises heard within schools, public buildings, churches, hospitals. The creation of any loud and raucous noise which when heard in a school, public building, church or hospital, or the grounds thereof, interferes with the workings of such institution, or which disturbs or annoys patients in the hospital. 14. Noises to attract attention. The use of any drum or other instrument or device to attract attention that creates a loud and raucous noise. C. Persons responsible. Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device, a machine, or any other noise source creating noise as prohibited in this section shall be subject to enforcement of the provision of this section as long as the person, owner, agent, or supervisor had knowledge or reason to know that the activity was occurring, failed to intervene in an attempt to prevent the activity from occurring, and had the power or authority to prevent the activity from occurring. D. Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: 1. Cries for emergency assistance and warning calls; 2. Radios, sirens, horns and bells on police, fire and other emergency response vehicles; 3. Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the city, within such hours as may be imposed as a condition for the issuance of the permit; 4. Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; Item # 18 Attachment number 3 Page 3 of 3 5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are lawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; 7. Locomotives and other railroad equipment, and aircraft. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 7099-03, § 1, 4-3-03; Ord. No. 7449-05, § 25, 12-15-05) Item # 18 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Transportation Strategy - Jonson SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Annual Utilities We Care Fund Contribution Appeal SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Deputy Chief Sandra Wilson Swearing-In SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Habitat for Humanity SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Human Rights Week Proclamation SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Meeting Date: 11/29/20 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Turkey Trot Presentation SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24