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08/18/2011 City Council Agenda Location: Council Chambers - City Hall Date: 8/18/2011- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Service Awards Attachments 4.22011 Summer Business, Neighborhood, Homes of the Quarter Attachments 4.3Presentation by Progress Energy to CFR Tech Rescue Team - Presenters are: Christopher Flack, Director External Relations, Progress Energy Florida and Melissa Seixas, Community Relations Manager, Progress Energy Florida. Attachments 5. Approval of Minutes 5.1Approve the minutes of the August 4, 2011 City Council Meeting and the July 18, 2011 Attorney Client Session as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Approve the applicant's request to vacate the 3-foot utility easement lying adjacent to and south of the north property line of the west one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street), and pass Ordinance 8280-11 on first reading, (VAC2011-02 McCluster). Attachments 7.2Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East)and pass Ordinances 8270-11, 8271-11 and 8272-11 on first reading. (ATA2011-01001) Attachments City Manager Reports 8. Consent Agenda 8.1Approve the October 1, 2011 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 8.2Recommend the approval of a change to the distribution formula for county funds through PPLC (Pinellas Public Library Cooperative)to allow use for support of the Countywide Automation System and countywide delivery services for library materials. (consent) Attachments 8.3Approve a recommendation by the Public Art and Design Board for the commission, design and layout of a public art gateway to be installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as designed by artist Steven Weitzman, for a total cost of $45,000. (consent) Attachments 8.4Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period, commencing July 1, 2011 through June 30, 2012, and authorize the appropriate officials to execute same. (consent) Attachments 8.5Award a contract (purchase order) to Gregory Electric, Inc. of Clearwater, Florida for the construction of the Skycrest RCW System – CSX and Keene Road Jack and Bore Project in the amount of $206,754.90, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 8.6Award a contract (purchase order) for the East Advanced Pollution Control Facility (APCF) Dewatering Pump Station Rehabilitation Project (10-0031-UT) to RTD Construction, Inc., of Zephyrhills, FL, in the amount of $162,118.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 8.7Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). (consent) Attachments 9. Other Items on City Manager Reports 9.1Continue to September 1, 2011: Approve a purchase order to Glass Aggregate Systems, the lowest responsible bidder, in the amount of $89,812.00 to purchase a model H-200 glass crusher; award a contract (purchase order) to Angle and Schmidt General Contractors (construction manager-at-risk) in the amount of $68,750.00 to accomplish site work for the glass crusher slab at the Solid Waste Complex; approve the use of approximately $41,438.00 for other set-up charges associated with a glass recycling program, for a total of approximately $200,000 in expenditures to be funded by the Recycling Fund's Capital Improvement (project 96805) and authorize the appropriate officials to execute the same. Attachments 9.2Approve an agreement with Pinellas County for metered parking in various county-owned parking lots and authorize the appropriate officials to execute the same. Attachments 9.3Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by eliminating the $10 dismissal fee and pass Ordinance 8273-11 on first reading. Attachments 9.4Approve the First Amendment to a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606 and adopt Resolution 11-15. Attachments 9.5Amend sections of the Clearwater Code of Ordinances relating to regulation of weapons, including firearms, and pass Ordinance 8275-11 on first reading. Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1CMA Harborview Request Attachments 11. Other Council Action 11.1August 29, 2011 Work Session - Mayor Hibbard Attachments 12. Closing Comments by Mayor 13. Adjourn Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Larry Jones Parks & Recreation Orlando Rivas Public Utilities Phuong Vo Engineering Eric Watkins Solid Waste/General Services Nicholas Tatem Solid Waste/General Services Erick Peterson Public Services 10 Years of Service Tashadra Lankford Police Douglas Alvarez Public Services Tracey Reed Library 15 Years of Service Estrella Murphy Police Craig Murray Police David Wilson Parks & Recreation Jana Hofferle Engineering Alan Ruud Planning & Development 20 Years of Service Peter Mavromatis Solid Waste/General Services 25 Years of Service William Dauber Customer Service Rex Whittenberger Solid Waste/General Services Terry Butler Engineering Michael Waters Police 30 Years of Service Marlinda Neal Customer Service Review Approval: Cover Memo Item # 1 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2011 Summer Business, Neighborhood, Homes of the Quarter SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Presentation by Progress Energy to CFR Tech Rescue Team - Presenters are: Christopher Flack, Director External Relations, Progress Energy Florida and Melissa Seixas, Community Relations Manager, Progress Energy Florida. SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the August 4, 2011 City Council Meeting and the July 18, 2011 Attorney Client Session as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 Page 1 of 1 Item # 4 Attachment number 2 Page 1 of 9 Item # 4 Attachment number 2 Page 2 of 9 Item # 4 Attachment number 2 Page 3 of 9 Item # 4 Attachment number 2 Page 4 of 9 Item # 4 Attachment number 2 Page 5 of 9 Item # 4 Attachment number 2 Page 6 of 9 Item # 4 Attachment number 2 Page 7 of 9 Item # 4 Attachment number 2 Page 8 of 9 Item # 4 Attachment number 2 Page 9 of 9 Item # 4 Meeting Date:8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the 3-foot utility easement lying adjacent to and south of the north property line of the west one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street), and pass Ordinance 8280-11 on first reading, (VAC2011-02 McCluster). SUMMARY: The applicant is seeking the vacation of the easement in order to build a swimming pool and pool enclosure. Progress Energy, Verizon, Knology and Bright House Cable have no facilities in the subject easement and have no objections to the vacation request. The City of Clearwater has no facilities in the subject easement and staff anticipates no future need for the 3-foot utility easement. The Engineering Department has no objections to the vacation request. Type: Debt-Bond Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 5 Attachment number 1 Page 1 of 2 Item # 5 Attachment number 1 Page 2 of 2 Item # 5 Attachment number 2 Page 1 of 1 Item # 5 Attachment number 3 Page 1 of 1 Item # 5 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East)and pass Ordinances 8270-11, 8271- 11 and 8272-11 on first reading. (ATA2011-01001) SUMMARY: The City of Clearwater Planning and Development Department has identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of S.R. 590 and south of South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights and Carlton Terrace. The Department has identified a total of 189 properties in this area that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase C of the overall annexation project, includes 25 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase C properties are occupied by 25 detached dwellings on 4.94 acres of land. It is proposed that approximately 10 acres of right-of-way throughout this area on Evans Drive, Lucas Drive, Thomas Drive, Grove Drive, El Trinidad Drive, Terrace Drive, Diane Drive, Skyland Drive, Morningside Drive, Winwood Drive and Marilyn Drive not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 25 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses three of these properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) for which the Drainage Feature Overlay designation is proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have Cover Memo an adverse effect on public facility levels of service; and Item # 6 The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designations of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay category proposed to be applied to three properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) recognizes the drainage feature on the property but does not impact development potential. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 6 Attachment number 1 Page 1 of 7 ORDINANCE NO. 8270-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF Item # 6 Ordinance No.8270-11 Attachment number 1 Page 2 of 7 THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto as Exhibit A. (ATA2011-0101) The map or maps attached as Exhibit B are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 6 Ordinance No.8270-11 Attachment number 1 Page 3 of 7 ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ _______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 6 Ordinance No.8270-11 Attachment number 1 Page 4 of 7 Item # 6 Attachment number 1 Page 5 of 7 Item # 6 Attachment number 1 Page 6 of 7 Item # 6 Attachment number 1 Page 7 of 7 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 2 Page 1 of 6 ORDINANCE NO. 8271-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW Item # 6 Ordinance No.8271 -11 Attachment number 2 Page 2 of 6 (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached legal description, Exhibit “A” Residential Low (RL) and (ATA2011- 01001) Drainage Feature Overlay The map or maps attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8270 -11. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 6 Ordinance No.8271 -11 Attachment number 2 Page 3 of 6 Item # 6 Attachment number 2 Page 4 of 6 Item # 6 Attachment number 2 Page 5 of 6 Item # 6 Attachment number 2 Page 6 of 6 1849 1842 1837 1837 1818 1813 DFO (City) 1754 1771 1749 1746 1746 (County Only) 1741 1741 1736 1736 1733 1728 DFO (City) 1727 1718 17161716 1717 1712 1705 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 3 Page 1 of 6 ORDINANCE NO. 8272-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON ANNEXATION INTO THE CITY Item # 6 Ordinance No. 8272-11 Attachment number 3 Page 2 of 6 OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description, Exhibit “A” Low Medium Density (ATA2011-01001) Residential (LMDR) The map attached as Exhibit B is hereby incorporated by referenc Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8270-11. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 6 Ordinance No. 8272-11 Attachment number 3 Page 3 of 6 Item # 6 Attachment number 3 Page 4 of 6 Item # 6 Attachment number 3 Page 5 of 6 Item # 6 Attachment number 3 Page 6 of 6 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 1 of 13 PROJECT SITE [ LOCATION MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): + 10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 2 of 13 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 AERIAL MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): +10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 3 of 13 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): + 10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 4 of 13 1849 1842 1837 1837 1818 1813 DFO (City) 1754 1771 1749 1746 1746 (County Only) 1741 1741 1736 1736 1733 1728 DFO (City) 1727 1718 17161716 1717 1712 1705 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): + 10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 5 of 13 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): + 10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 6 of 13 1849 1842 1837 1837 1818 1813 Single Family Residential 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 EXISTING SURROUNDINGS USES Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): +10.838 acres ROW Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 6 Attachment number 4 Page 7 of 13 1705 Lucas Drive1712 Lucas Drive 1716 Lucas Drive1716 Thomas Drive 1717 Evans Drive1718 Evans Drive ATA2011-01001 “Diane” Area –Phase C (25 lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 1 of 6 Attachment number 4 Page 8 of 13 1727 El trinidadDrive1728 Grove Drive 1733 Thomas Drive1736 Evans Drive 1736 Grove Drive1741 Evans Drive ATA2011-01001 “Diane” Area –Phase C (25 lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 2 of 6 Attachment number 4 Page 9 of 13 1741 Thomas Drive1746 Grove Drive 1746 Lucas Drive1749 Thomas Drive 1754 Thomas Drive1771 El trinidadDrive ATA2011-01001 “Diane” Area –Phase B (25 lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 3 of 6 Attachment number 4 Page 10 of 13 1813 Marilyn Drive1818 SkylandDrive 1837 Marilyn Drive1837 SkylandDrive 1842 Diane Drive1849 Diane Drive ATA2011-01001 “Diane” Area –Phase C (25lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 4 of 6 Attachment number 4 Page 11 of 13 2738 Terrace DriveLooking south at El Trinidad Drive Looking north at El Trinidad DriveLooking south at Grove Drive Looking south at Thomas DriveLooking south at Lucas Drive gg ATA2011-01001 “Diane” Area –Phase C (25 lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 5 of 6 Attachment number 4 Page 12 of 13 Looking south at Evans DriveLooking north at Marilyn Drive Looking south at SkylandDriveLooking north at Diane Drive Looking east at Morningside DriveLooking east at Terrace Drive ggg ATA2011-01001 “Diane” Area –Phase C (25 lots) Item # 6 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 6 of 6 Attachment number 4 Page 13 of 13 PIN (Address): 1.05-29-16-13554-009-0170 (1842 Diane Dr.) 05-29-16-13554-010-0030 (1849 Diane Dr.) 2. 3.05-29-16-94320-001-0070 (1727 El Trinidad Dr.) 4.05-29-16-94320-001-0140 (1771 El Trinidad Dr.) 5.05-29-16-94392-006-0260 (1717 Evans Dr.) 6.05-29-16-94392-007-0060 (1718 Evans Dr.) 7.05-29-16-94392-007-0100 (1736 Evans Dr.) 8.05-29-16-94392-006-0200 (1741 Evans Dr.) 9.05-29-16-94338-004-0080 (1728 Grove Dr.) 10.05-29-16-94338-004-0100 (1736 Grove Dr.) 11.05-29-16-94338-004-0120 (1746 Grove Dr.) 12.05-29-16-94374-005-0290 (1705 Lucas Dr.) 13.05-29-16-94374-006-0040 (1712 Lucas Dr.) 05-29-16-94374-006-0050 (1716 Lucas Dr.) 14. 15.05-29-16-94374-006-0120 (1746 Lucas Dr.) 16.05-29-16-13554-008-0060 (1813 Marilyn Dr.) 17.05-29-16-13554-008-0020 (1837 Marilyn Dr.) 18.05-29-16-13554-008-0120 (1818 Skyland Dr.) 19.05-29-16-13554-009-0030 (1837 Skyland Dr.) 20.05-29-16-94356-003-0100 (2738 Terrace Dr.) 21.05-29-16-94356-005-0050 (1716 Thomas Dr.) 22.05-29-16-94356-004-0220 (1733 Thomas Dr.) 23.05-29-16-94356-004-0200 (1741 Thomas Dr.) 24.05-29-16-94356-004-0180 (1749 Thomas Dr.) 25.05-29-16-94356-005-0140 (1754 Thomas Dr.) Item # 6 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the October 1, 2011 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has contracted with an Ambulance Contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. In 1997, the EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007. The EMS Authority and the contract providers negotiated a 5-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. This agreement funded six (6) rescue units and two (2) advanced life support (ALS) fire engines. In a letter dated July 25, 2008, Pinellas County terminated this agreement effective September 30, 2009 citing decreased tax revenue due to Amendment 1 and declining property values. The County began a review in 2010 of the Emergency Medical Services system. While the study was on going, the EMS Authority proposed and the City accepted a one-year contract commencing October 1, 2009 and ending at midnight September 30, 2010. The contract funded five (5) rescue units and three (3) advanced life support (ALS) fire engines. The City chose to provide additional funding to operate a sixth rescue unit, Rescue 50, in place of one of the ALS engines. The EMS Authority proposed a one-year extension to the 2010 contract, commencing October 1, 2010 and end at midnight September 30, 2011. Under the 2010-2011 extension the County reimbursed the City for the same five (5) rescue units and three (3) advanced life support (ALS) engines as under the previous contract year. The City, however, discontinued the additional funding necessary to operate Rescue 50. On Oct. 1, 2010, the City upgraded Engine 50 from a basic life support (BLS) engine to an advanced life support (ALS) engine instead, which includes one lieutenant, one driver operator, and one fire medic. The study of the EMS system requested by the EMS Authority was released in April 2011. The study recommends changing the reimbursement methodology for first responders, including Clearwater Fire and Rescue. This methodology, if adopted, would result in a substantial decrease in revenue to the City of Clearwater. County officials will schedule an appearance for a future City of Clearwater Council meeting to discuss the EMS Study. The EMS Study recommends an implementation date of October 1, 2012. In the meantime, the EMS Authority has proposed a one- year extension to the 2011 contract, commencing October 1, 2011 and end at midnight September 30, 2012. Under the 2011-2012 extension the County will reimburse the City for the same five (5) rescue units and three (3) advanced life support (ALS) engines as under the previous contract. In an effort to control costs, the County will reimburse cities for reasonable and customary costs as opposed to fixed compensation amounts from past years and the County will assume responsibility for providing electrocardiogram (EKG) monitoring/defibrillation equipment. Cover Memo Compensation for the fiscal year commencing October 1, 2011 shall be $5,032,611.00, which is $14,778.00 lower than the current Item # 7 fiscal-year payment of $5,047,389.00. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2011. Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: to For Fiscal Year: Review Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 5 Item # 7 Attachment number 1 Page 2 of 5 Item # 7 Attachment number 1 Page 3 of 5 Item # 7 Attachment number 1 Page 4 of 5 Item # 7 Attachment number 1 Page 5 of 5 Item # 7 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recommend the approval of a change to the distribution formula for county funds through PPLC (Pinellas Public Library Cooperative)to allow use for support of the Countywide Automation System and countywide delivery services for library materials. (consent) SUMMARY: The PPLC board is requesting that the funds, which are currently restricted for capital projects, be repurposed to be used for operating expenses that support countywide services. It is their intent to use the funds to support delivery services and automation system support. Both of those items had been in member library line item budgets in previous years but the Cooperative picked up the fees, utilizing state aid funds, in 2008 to alleviate some of the strain on local budgets. Unfortunately, state funds have declined to the point where this is no longer an option. Should the change not be approved by a majority of the participating cities in the PPLC Interlocal Agreement, the additional cost to the Clearwater Public Library System budget would be approximately $30,000 a year. Automation and delivery are critical services needed to continue the normal operation of the libraries. Review Approval: Cover Memo Item # 8 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for the commission, design and layout of a public art gateway to be installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as designed by artist Steven Weitzman, for a total cost of $45,000. (consent) SUMMARY: The theme and scope of the project were determined with input from representatives from the Public Art and Design Board, Florida Department of Transportation, and Parks and Recreation Department. The desired intent for the project is to commission public artwork that serves as a gateway to the City of Clearwater, identifying the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard) as a major thoroughfare within the city. The Public Art and Design Board appointed a five-member Selection Panel compromised of individuals representing specified interests and expertise as follows: Alex Plisko (Chair), representative of the Public Art and Design Board Elaine Illes, representative of the Florida Department of Transportation Roberta Klar, architect and representative of the Clearwater Arts Alliance Felicia Leonard, representative of the Parks and Recreation Department Christopher Hubbard, representative of the Public Art and Design Program A nationwide Call to Artists was issued and four finalists were invited to create a site-specific proposal of artwork for the project. On April 21, 2011, the Selection Panel met to review the site-specific proposals and selected the concept of artist Steven Weitzman as the best fit to the theme and scope determined by the project stakeholders. On May 13, 2011, the Public Art and Design Board unanimously approved Mr. Weitzman’s proposal. The Board is recommending that the Council approve the proposal for the commission, design and layout of a public art gateway composed of patterned Mechanically Stabilized Earth (MSE) walls and LED lighting enhancements. The City will fund Mr. Weitzman's proposal of $45,000 from the Public Art Discretionary Fund (0325-93608). FDOT will fund approximately $130,000 for the fabrication, construction, and installation of the public art gateway as designed by Mr. Weitzman. The Public Art and Design Program has worked in close cooperation with the Florida Department of Transportation to design and implement this project. Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $45,000 Current Year Cost:Annual Operating Cost: $45,000$45,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Cover Memo Appropriation CodeAmountAppropriation Comment Item # 9 0325-93608 $45,000 Review Approval: Attachment number 1 Page 1 of 6 Item # 9 Attachment number 1 Page 2 of 6 Item # 9 Attachment number 1 Page 3 of 6 Item # 9 Attachment number 1 Page 4 of 6 Item # 9 Attachment number 1 Page 5 of 6 Item # 9 Attachment number 1 Page 6 of 6 Item # 9 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period, commencing July 1, 2011 through June 30, 2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three (3) officers over the one-year period will be $284,064. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no revenue increase to the City for SRO services during the 2011/2012 contract period. The difference of $137,029.50 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At Third Quarter, pecial project 181-99264, , will be s School Resource Officers amended to reflect the 2011/2012 funding. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2011/2012 contract. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. Other Type: YesYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: At Third Quarter s pecial project 181-99264, School Resource Officers, will be amended to reflect the 2011/2012 funding. $137,029.50 Current Year Cost:Annual Operating Cost: $137,029.50 Not to Exceed:Total Cost: to For Fiscal Year: Appropriation CodeAmountAppropriation Comment 181-99264 $137,029.50 Cover Memo Review Approval: Item # 10 Attachment number 1 Page 1 of 1 Item # 10 Attachment number 2 Page 1 of 8 Item # 10 Attachment number 2 Page 2 of 8 Item # 10 Attachment number 2 Page 3 of 8 Item # 10 Attachment number 2 Page 4 of 8 Item # 10 Attachment number 2 Page 5 of 8 Item # 10 Attachment number 2 Page 6 of 8 Item # 10 Attachment number 2 Page 7 of 8 Item # 10 Attachment number 2 Page 8 of 8 Item # 10 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Gregory Electric, Inc. of Clearwater, Florida for the construction of the Skycrest RCW System – CSX and Keene Road Jack and Bore Project in the amount of $206,754.90, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item is for the installation of a 12-inch reclaimed water (RCW) transmission main beneath the CSX railroad right-of-way at the intersection with Keene Road for the expansion of the original Skycrest RCW Project. The City of Clearwater Public Utilities RCW main along Keene Road currently ends at the CSX railroad crossing. This project would allow the RCW system to be expanded north from the CSX railroad crossing. Due to low construction costs the City is experiencing in constructing/installing RCW pipelines in the City, amendments to the Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreements were approved to expand the areas from the original scope. The First Amendment to Skycrest Project was approved by Council in November 2010 for the Skycrest Expansion. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the RCW Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The project was competitively bid, and Gregory Electric, Inc. was the lowest responsible bidder for a proposed fee of $206,754.90. Construction, Engineering, and Inspection services during the construction period will be completed by McKim and Creed, which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings. The contract period for construction is 90 consecutive calendar days estimated to start in September 2011 and finish in December 2011. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. A third quarter amendment will increase budget only by $136,942.99 in Capital Improvement Program project 0315-96739 Reclaimed Water Distribution System of other Governmental Revenues (337900) for SWFWMD’s share of this project consisting of $103,377.45 for construction and $33,565.54 of previously submitted contracts ($28,837.50 of Design fees, $3,840.54 of Pipeline Installation, and $887.50 for Jack and Bore). Cover Memo Sufficient budget is available in Utility R and R project 0327-96769, Reclaimed Water Distribution System Item # 11 in the amount of $69,811.91 to fund the remaining balance of the contract, for total funding in the amount of $206,754.90. Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary section $206,754.90 Current Year Cost:Annual Operating Cost: $206,754.90$206,754.90 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0327-96739-563800-533-000-$ 69,811.91See summary 0000 0315-96739-563800-533-000-$136,942.99See summary 0000 Yes10-0026-UT Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 11 Attachment number 2 Page 1 of 3 Item # 11 Attachment number 2 Page 2 of 3 Item # 11 Attachment number 2 Page 3 of 3 Item # 11 Attachment number 3 Page 1 of 15 Item # 11 Attachment number 3 Page 2 of 15 Item # 11 Attachment number 3 Page 3 of 15 Item # 11 Attachment number 3 Page 4 of 15 Item # 11 Attachment number 3 Page 5 of 15 Item # 11 Attachment number 3 Page 6 of 15 Item # 11 Attachment number 3 Page 7 of 15 Item # 11 Attachment number 3 Page 8 of 15 Item # 11 Attachment number 3 Page 9 of 15 Item # 11 Attachment number 3 Page 10 of 15 Item # 11 Attachment number 3 Page 11 of 15 Item # 11 Attachment number 3 Page 12 of 15 Item # 11 Attachment number 3 Page 13 of 15 Item # 11 Attachment number 3 Page 14 of 15 Item # 11 Attachment number 3 Page 15 of 15 Item # 11 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) for the East Advanced Pollution Control Facility (APCF) Dewatering Pump Station Rehabilitation Project (10-0031-UT) to RTD Construction, Inc., of Zephyrhills, FL, in the amount of $162,118.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has identified rehabilitation requirements and the design of structural and mechanical improvements have been designed by Jones Edmunds for the Dewatering Pump Station at the East APCF. The work consists of wetwell rehabilitation including but not limited to removal of wetwell lid, pumps, pipe, valves, and associated equipment; removal of existing liner and repairing leaks; installation of a new FRP liner and wetwell lid; installation of new submersible pumps, pipe, valves, floats, and associated equipment; leak repair and coating in the associated manhole indicated on the plans; provide bypass pumping/flow diversion and/or dewatering (if needed) during the work, and all related work. This work is necessary to maintain the structural and mechanical integrity of the East APCF per permit requirements. Work will commence upon award and execution of thecontract and will be completed within 120 days. Construction is expected to have a start date in September 2011 and be complete by December 2011. The Public Utilities Department is the owner and operator of the East APCF and will be responsible for current and future maintenance of all improvements associated with this project. Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96664, WPC R and R, in the amount of $162,118.00 Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary 162,118.00 Current Year Cost:Annual Operating Cost: 162,118.00 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0376-96664-563800-535-000-162,118.00See summary 0000 10-0031- Yes Bid Required?:Bid Number: UT Cover Memo None Other Bid / Contract:Bid Exceptions: Item # 12 Review Approval: Attachment number 1 Page 1 of 1 Item # 12 Attachment number 2 Page 1 of 2 Item # 12 Attachment number 2 Page 2 of 2 Item # 12 Attachment number 3 Page 1 of 1 Item # 12 Attachment number 4 Page 1 of 15 Item # 12 Attachment number 4 Page 2 of 15 Item # 12 Attachment number 4 Page 3 of 15 Item # 12 Attachment number 4 Page 4 of 15 Item # 12 Attachment number 4 Page 5 of 15 Item # 12 Attachment number 4 Page 6 of 15 Item # 12 Attachment number 4 Page 7 of 15 Item # 12 Attachment number 4 Page 8 of 15 Item # 12 Attachment number 4 Page 9 of 15 Item # 12 Attachment number 4 Page 10 of 15 Item # 12 Attachment number 4 Page 11 of 15 Item # 12 Attachment number 4 Page 12 of 15 Item # 12 Attachment number 4 Page 13 of 15 Item # 12 Attachment number 4 Page 14 of 15 Item # 12 Attachment number 4 Page 15 of 15 Item # 12 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). (consent) SUMMARY: There is a vacancy on the Metropolitan Planning Organization’s Citizens Advisory Committee. The City Council provides a recommendation and the MPO makes the official appointment. Mr. Gibertoni is willing to serve on the Committee. Review Approval: Cover Memo Item # 13 Attachment number 1 Page 1 of 2 Item # 13 Attachment number 1 Page 2 of 2 Item # 13 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue to September 1, 2011: Approve a purchase order to Glass Aggregate Systems, the lowest responsible bidder, in the amount of $89,812.00 to purchase a model H-200 glass crusher; award a contract (purchase order) to Angle and Schmidt General Contractors (construction manager-at-risk) in the amount of $68,750.00 to accomplish site work for the glass crusher slab at the Solid Waste Complex; approve the use of approximately $41,438.00 for other set-up charges associated with a glass recycling program, for a total of approximately $200,000 in expenditures to be funded by the Recycling Fund's Capital Improvement (project 96805) and authorize the appropriate officials to execute the same. SUMMARY: Solid Waste/General Services wishes to re-introduce glass recycling within Clearwater. Staff anticipates collecting approximately 10 tons of glass per month, thus taking over 520 tons of glass out of the waste stream annually at a savings of $19,500 in disposal fees. The crushed glass aggregate may then be marketed to outside vendors or distributed to Public Services or Parks and Recreation for use in their operations. Plans include self-service drop-off centers for residents to use. Citizens have asked for the service and the department is now ready to deliver this additional service. Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $200,000$23,672.00 Current Year Cost:Annual Operating Cost: $233,672.00 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0-315-96805-564000 90,000Machinery & Equipment 0-315-96805-563500 110,000Improvements to grounds 0-426-02043-550400 23,672Operating supplies & Materials Yes06-11 Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Cover Memo Review Approval: Item # 14 Attachment number 1 Page 1 of 3 Item # 14 Attachment number 1 Page 2 of 3 Item # 14 Attachment number 1 Page 3 of 3 Item # 14 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement with Pinellas County for metered parking in various county-owned parking lots and authorize the appropriate officials to execute the same. SUMMARY: The City has been under agreement with Pinellas County since the early 1970's for the maintenance, operation and enforcement of several county-owned surface parking lots surrounding the downtown courthouse campus and Sand Key Park. Sand Key Park was added to the agreement in July 1984. The County issued a request to cancel the Sand Key Park portion of the agreement effective September 30, 2011. The County has determined it is more cost effective to take over the parking operation, maintenance and enforcement functions internally in an effort to generate additional revenue to help offset their budget deficit. The new agreement will continue to provide coverage for five (5) downtown surface lots. All of the other terms and conditions of the agreement remain the same. The average annual meter revenue generated from Sand Key over the last three years is $500,000, of which the City share is 60% or $300,000. The estimated Fiscal Year 2012 parking fund revenue projections include this loss of revenue and there is not a significant adverse impact to the parking fund. Review Approval: Cover Memo Item # 15 Attachment number 1 Page 1 of 9 Item # 15 Attachment number 1 Page 2 of 9 Item # 15 Attachment number 1 Page 3 of 9 Item # 15 Attachment number 1 Page 4 of 9 Item # 15 Attachment number 1 Page 5 of 9 Item # 15 Attachment number 1 Page 6 of 9 Item # 15 Attachment number 1 Page 7 of 9 Item # 15 Attachment number 1 Page 8 of 9 Item # 15 Attachment number 1 Page 9 of 9 Item # 15 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by eliminating the $10 dismissal fee and pass Ordinance 8273-11 on first reading. SUMMARY: At the urging of the court, parking ordinance Sec. 30.060 (7) was approved in August 2010 to establish an internal parking ticket dismissal program in lieu of a court appearance. The dismissal program provides a mechanism to dismiss properly issued tickets for failure to display or properly display valid parking permits, valid multi-space pay station receipts, handicap hangtags or any other recognized permits. On June 10, 2011, City Management placed the $10 fee in abeyance. A review of the data for “Failure to Display” violations ($20 fine) from September 1, 2010 – May 1, 2011 suggests: 1.7% (or 6,240) of the total pay station receipts issued (361,875) were cited by parking enforcement as “in violation”. Of the 6,240 violations issued, 8% (or 530) of the tickets were disputed and dismissals requested. To date, 64% (or 339) of the $10 dismissal fees have been paid in full. A review of the data for “Handicap Permit” violations ($255 fine) from September 1, 2010 – May 1, 2011 suggests: 519 Handicap violations for “No Permit Displayed” were issued. 49% (or 256) of the tickets were disputed and dismissals requested. To date, 91% (or 233) of the $10 dismissal fees have been paid in full. In total, 786 dismissals have been processed. A review of the complaints concerning the $10 dismissal fee includes accusations that the City is intentionally targeting visitors and knowingly operating a scam/racket. The total number of complaints received during this 8-month period via C-Tracs, letters and phone calls is nine (9). Elimination of this dismissal fee will have minimal impacts to the parking fund. Cover Memo Item # 16 Review Approval: Attachment number 1 Page 1 of 2 Item # 16 Attachment number 1 Page 2 of 2 Item # 16 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the First Amendment to a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606 and adopt Resolution 11-15. SUMMARY: The 30.07-acre subject property is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The subject property is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel (Parcel 2) comprises 18.435 acres. On March 18, 2010, the City Council approved a Development Agreement on the subject property (DVA2009-00005). This Agreement allowed for a maximum of 90,000 square feet of retail sales and restaurant use floor area on Parcel 1 (FAR of 0.178), and a maximum of 243 dwelling units on Parcel 2 (13.181 dwelling units per acre). With regard to Parcel 1, the First Amendment to the Development Agreement proposes only to change the type of uses permitted. The original Development Agreement was limited to retail and restaurant uses, whereas the proposed Amendment would include retail sales and service, office, automobile service station and restaurant. With regard to Parcel 2, there are no changes between the original Development Agreement and the proposed Amendment. The proposed Amendment includes all conditions of DVA2009-00005 (including the transportation obligations). The proposed Amendment will amend the previously approved Development Agreement as follows: Reflects the new site plan for Parcel 1. Replaces the statement that 495 parking spaces have been provided on Parcel 1 with the statement that parking is being provided at specific ratios per use. It is noted that each of these ratios is what is required by Code for each use. Requires that the Transportation Obligations related to Parcel 1 be completed prior to issuance of a certificated of occupancy for Parcel 1, and that the Transportation Obligations related to Parcel 2 be completed prior to the issuance of a certificate of occupancy for Parcel 2. The Community Development Board reviewed this Amendment at its public hearing on July 19, 2011, and unanimously recommended approval (DVA2011-04001). Review Approval: Cover Memo Item # 17 Attachment number 1 Page 1 of 7 Item # 17 Attachment number 1 Page 2 of 7 Item # 17 Attachment number 1 Page 3 of 7 Item # 17 Attachment number 1 Page 4 of 7 Item # 17 Attachment number 1 Page 5 of 7 Item # 17 Attachment number 1 Page 6 of 7 Item # 17 Attachment number 1 Page 7 of 7 Item # 17 Attachment number 2 Page 1 of 1 Item # 17 Attachment number 3 Page 1 of 4 Item # 17 Attachment number 3 Page 2 of 4 Item # 17 Attachment number 3 Page 3 of 4 Item # 17 Attachment number 3 Page 4 of 4 Item # 17 Attachment number 4 Page 1 of 1 Item # 17 8/18/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend sections of the Clearwater Code of Ordinances relating to regulation of weapons, including firearms, and pass Ordinance 8275-11 on first reading. SUMMARY: The Florida Legislature recently adopted House Bill 45, amending Section 790.33, Florida Statues, effective October 1, 2011, to strongly express the State’s preemption in Chapter 790, Florida Statutes, of the “whole field of regulation of firearms and ammunitio to include the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof. The law makes “[a]ny person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition … by enacting or causing to be enforced any local ordinance … impinging up such exclusive occupation of the field” liable for damages. If the court determines that a violation of Section 790.33, Florida Statutes, was knowing and willful, the court must assess a civil fine of up to $5000 against the elected or appointed local governmental official or administrative agency head under whose jurisdiction the violation occurred. Moreover, public funds cannot be used to defend or reimburse any person found to have knowingly and willfully violated the law; and a knowing and willful violation by a person acting in an official capacity or otherwise under color of law who enacts or enforces a local ordinance prohibited by Section 790.33, shall be cause for termination of employment or contract or removal from office by the Governor. Finally, any person or organization whose membership is adversely affected by “any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation” of the law can file a lawsuit seeking declaratory and injunctive relief and for actual damages up to $100,000, including attorney’s fees and costs. Chapter 790, Florida Statutes, currently contains numerous sections regulating the use and possession of firearms in public places. For example, Section 790.15 prohibits a person from knowingly discharging a firearm in any public place, on or over the right-of-way of any paved public road, highway, or street, and over any occupied premises; and Section 790.06 authorizes the issuance to individuals of licenses to carry a concealed firearm in public except in those locations enumerated in the statute, such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises. Additionally, the Florida Attorney General has opined in AGO 2005-40 that local governments are preempted by Section 790.33, Florida Statutes, from imposing regulations pertaining to the discharge of firearms because such activity is regulated by Section 790.15, Florida Statutes. Therefore, because the Clearwater Code of Ordinances contains numerous sections that also regulate the discharge and possession of firearms, those sections must be amended to avoid a conflict with Section 790.33, Florida Statutes. Review Approval: Cover Memo Item # 18 Attachment number 1 Page 1 of 5 Item # 18 Attachment number 1 Page 2 of 5 Item # 18 Attachment number 1 Page 3 of 5 Item # 18 Attachment number 1 Page 4 of 5 Item # 18 Attachment number 1 Page 5 of 5 Item # 18 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: CMA Harborview Request SUMMARY: Review Approval: Cover Memo Item # 19 Attachment number 1 Page 1 of 9 Item # 19 Attachment number 1 Page 2 of 9 Item # 19 Attachment number 1 Page 3 of 9 Item # 19 Attachment number 1 Page 4 of 9 Item # 19 Attachment number 1 Page 5 of 9 Item # 19 Attachment number 1 Page 6 of 9 Item # 19 Attachment number 1 Page 7 of 9 Item # 19 Attachment number 1 Page 8 of 9 Item # 19 Attachment number 1 Page 9 of 9 Item # 19 Meeting Date: 8/18/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: August 29, 2011 Work Session - Mayor Hibbard SUMMARY: Review Approval: Cover Memo Item # 20