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05/17/2012City Council Agenda Location: Council Chambers - City Hall Date: 5/17/2012- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards � Attachments 4.2 Southeastern Guide Dogs Presentation � Attachments 4.3 No Item � Attachments 4.4 Downtown Development Board (DDB) check presentation to The Eye Shop - David Allbritton, DDB Chair I� Attachments 4.5 Public Works Week Proclamation: May 20 - 26 � Attachments 4.6 EMS Week Proclamation - Assistant Fire Chief Doug Swartz I� Attachments 4.7 Police Volunteer Check Presentation � Attachments 4.8 Environmental Advisory Board � Attachments 4.9 Strategic Action Steps to Address Homelessness in Clearwater (CMO) � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 3, 2012 City Council Meeting as submitted in written summation by the City Clerk. � Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East) together with the abutting right-of-way of Burnice Drive and together with the additional right of way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and pass Ordinances 8319-12, 8320-12 and 8321-12 on first reading. (ANX2012-02001) � Attachments 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RI� and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325-12, 8326-12 and 8327-12 on first reading.(ANX2012-02002) � Attachments 7.3 Approve amendments to the Community Development Code providing density and parking incentives for affordable housing developments, and pass Ordinance 8313-12 on first reading. (TA2012-01001) � Attachments City Manager Reports 8. Consent Agenda 8.1 Approve the Memorandum of Understanding between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in facility staff and hours of operation while providing for savings of approximately $50,100 in the form of revenue to the City of Clearwater and authorize the appropriate officials to execute same. (consent) �- Attachments 8.2 Approve the Lease Modification Agreement between the City and Powell Professional Center, LLLP, for the space designated as Suite 240, located in the commercial building known as the Powell Professional Center at 401 Corbett Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost not- to-exceed $125,000 for the three year period beginning July l, 2013 and ending June 30, 2016. (consent) � Attachments 8.3 Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount of $150,000 for the purchase of front-load containers, for period May 18, 2012 through May 17, 2013, as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) 6� Attachments 8.4 Approve a pre-event contract to AshBritt, Inc of Deerfield Beach, Florida to provide disaster recovery services during the contract period June 1, 2012 through May 30, 2015, per the City of Clearwater RFP 25-1 l, and authorize the appropriate officials to execute same. (consent) � Attachments 8.5 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $287,500 for hauling yard waste from the city's solid waste facility to the contractor's facility, for period May 20, 2012 through May 19, 2013, as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) �- Attachments 8.6 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of Clearwater, Florida, in the amount of $244,432.60, for engineering design and permitting services, for Smallwood Circle Drainage Improvements Project (11-0057-E1�; additional funding in the amount of $50,000, and authorize the appropriate officials to execute same. (consent) 6� Attachments 8.7 Approve a Supplemental Work Order to King Engineering Associates, Inc. (Engineer of Record) to provide engineering design and permitting services for the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-E1� in the amount of $185,864.00 and authorize the appropriate officials to execute same. (consent) 6� Attachments 8.8 Approve a work order to Engineer of Record (EOR), Leggette Brashear and Graham, Inc. (LBG) in the amount of $298,840 for the design, permitting, construction and testing of four monitoring wells for the City of Clearwater's Well Field Monitoring Program (12-0013-UT) and authorize the appropriate officials to execute same. (consent) 6�' Attachments 8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Stormwater Facility known as Town Pond in the amount of $417,224.81 and authorize the appropriate officials to execute same. (consent) i� Attachments 8.10 Approve Change Order 2 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe Lining Project (09- 0054-E1� to extend the contract time by 225 days and authorize the appropriate officials to execute same. (consent) 6�' Attachments 8.11 Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and 13, Block 19, Milton Park Subdivision, conveyed to the City by the property owner; and authorize appropriate officials to execute same. (consent) � Attachments 9. Other Items on City Manager Reports 9.1 Approve the rescinding of Ordinance 7650-06, which vacated a utility easement and alley in the 1900 block of Edgewater Drive, more particularly described therein; and pass Ordinance 8328-12 on first reading. � Attachments 9.2 Increase the residential and commercial Stormwater Utility rate to $13.40 per Equivalent Residential Unit (ERI� beginning October 1, 2012; to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October l, 2014; to $14.54 per ERU beginning October l, 2015; to $14.94 per ERU beginning October l, 2016 and Pass Ordinance 8330-12 on first reading. 6� Attachments 9.3 Approve the creation of a Domestic Partner Registry to be administrated by the City Clerk and pass Ordinance 8329-12 on first reading. � Attachments Miscellaneous Reports and Items 10. Closing Comments by Mayor 11. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Bryclyn Lawrence Camilo Soto 10 Years of Service Geraldine Lopez Christopher Varnis David Prior Brent Peters 15 Years of Service Yolanda Franklin Lisa Hoffman Roger Larkin Brett Faulk 20 Years of Service Donald Ford Jay Schmitt Peter Lopez 25 Years of Service Danny Jones Valerie Hornbeck Jeffrey McHughes Vincent Mohr Roger Duncan Rebecca Shelor Robert Powers Thomas Jensen Review Approval: Public Utilities Legal Economic Development and Housing Solid Waste/General Services Police Information Technology Police Police Engineering Police Police Fire Fire Fire Police Police Police Marine and Aviation Police Public Utilities Fire Meeting Date:S/17/2012 Cover Memo ��11�:�) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Southeastern Guide Dogs Presentation SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: No Item SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall Meeting Date:S/17/2012 SUBJECT / RECOMMENDATION: Downtown Development Board (DDB) check presentation to The Eye Shop - David Allbritton, DDB Chair SUMMARY: Review Approval: 1) Human Resources 2) Clerk Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Public Warks Week Proclamation: May 20 - 26 SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: EMS Week Proclamation - Assistant Fire Chief Doug Swartz SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Police Volunteer Check Presentation SUMMARY: Meeting Date:S/17/2012 Review Approval: 1) Off'ice of Management and Budget 2) Official Records and Legislative Services Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Environmental Advisory Board SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��Il�:�ij City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Strategic Action Steps to Address Homelessness in Clearwater (CMO) SUMMARY: Review Approval: Meeting Date:S/17/2012 Cover Memo ��11�:�%� Attachment number 1 \nPage 1 Strategic Action Steps to Address Homelessness in Clearwater Chan�e in Culture: * Change in Culture (a Change in Thinking and a Change in Doing): - Hanging-out —> Program Participation (engage individuals into programming) - Enabling —> Engaging - Meanness/Sternness —> Kindness/Love - Implement a coordinated strategic "systems-approach" (eg no one silver bullet) - It is critical to change the nomenclature Reali�nment of Ma�nets: * Realignment of Night-time Sleeping: - Parks —> Pinellas Safe Harbor and Pinellas Hope * Realignment of Dinner Feedings - Downtown —> Pinellas Safe Harbor and Pinellas Hope * Realignment of Breakfast Feedings: - Align feeding times with program services - Realignment to Pinellas Safe Harbor and/or Pinellas Hope Chan�e in Ordinances/Rules: * Expansion of arrest authority within Section 1.12 * Change park closing times to dusk or 9:00 pm (with certain exemptions for special events) * Prohibition of reclining on sidewalks in the CRA and beach corridors * Prohibition of overnight sleeping/camping in public places (eg City Hall, libraries, etc.) * Prohibition of bathing in public fountains * Geographical expansion of solicitation and panhandling ordinances (if necessary) * Look at creating a hoarding ordinance (if necessary) * Advance a Pinellas County-wide street feeding ordinance Marbut Recommendations - Page 1 of 4 I[�'ii�:�'7 Attachment number 1 \nPage 2 Enforcement of New Ordinances (Public Property): * Rollout of general public awareness phase * Rollout of "street level" educational phase * Rollout of soft enforcement phase * Rollout of enforcement phase Operation No-Trespass (Private Property): * Education and recruitment of business establishments throughout Clearwater * Sourcing and placement of no-trespass signs * Rollout of "street level" educational phase * Rollout of soft enforcement phase * Rollout of enforcement phase Community-wide Participation: * Goal —> "Change the culture" of how we help homeless individuals (enabling —> engaging) * Use of all media and public relations outlets and mediums * Strategic "buy-in" of stakeholders (faith-based community, businesses, residents, etc.) * Message #1 —> -"Street feeding" without comprehensive services is counter-productive and enabling - No one has ever "graduated" from the street because of feeding, need programming * Message #2 —> - Money and food given out of a car window is counter-productive and enabling * Message #3 —> - The best way to help is to give time and money to HEP, RCS, Salvation Army, Pinellas Hope, Pinellas Safe Harbor, etc. Marbut Recommendations - Page 2 of 4 I[�'ii�:�'7 Attachment number 1 \nPage 3 Street Level Outreach: * Goal —> To engage individuals into programming * Need to move from a passive laissez faire approach to a proactive engagement model * Creation of at least one full-time street outreach team that has city-wide jurisdiction * Jurisdiction expansion and changeable scheduling of CPD specialty teams (eg Bike Teams) * Training for the engagement surge * Engagement surge . . . then 24/7/168/365 Active Coordination with Other A�encies: * Proactively coordinate with PCSO and Pinellas Safe Harbor * Reach out to Public Defender's Office and State Attorney's Office * Actively participate in all county-wide homeless efforts, meetings and initiatives * Proactively coordinate with City of St. Petersburg Other Activities: * Homeless awareness training for all City employees * Possible removal or redesign of restrooms in Crest Lake Park * Redesign Main Library fencing project * Stop unauthorized use of electricity and water at public facilities * Do a"defensible design space" inventory (eg CPTED principles) of all public properties * Proactively address abandoned, vacant, "debrised" and overgrown properties * Special outreach initiative in partnership with JWB/2-1-1 for homeless families with children Marbut Recommendations - Page 3 of 4 I[�'ii�:�'7 Attachment number 1 \nPage 4 Use Federal Tax Credits: * Explore the use of housing and new market tax credit projects in targeted areas Sustainability: * Must have a dedicated street outreach team (with flexible deployment hours and jurisdiction) * Increase annual financial support of Pinellas Safe Harbor * Annual financial support of HEP, RCS, Pinellas Hope, Salvation Army and Directions * Create and/or identify a dedicated high-level staff person * RNC/Tampa — Establishment of an early warning system with a coordinated response May 10, 2012 (1138am) C:AUsers\Robert G Marbut Jr\Documents\RGMDocsPix\Consulting\Clearwater�Reports\CWRecs.wpd Marbut Recommendations - Page 4 of 4 I[�'ii�:�'7 Attachment number 2 \nPage 1 The Seven Guiding Principles of Transformation Movin�from Enablement to En�a�ement 1. Move to a Culture of Transformation (versus the Old Culture of Warehou Holneless individuais Inust be engaged and no longer enabied. Everybody within the services delivery systeln (eg general public, media, elected politicians, appointed officials, monitors, boards, staffs and volunteers of service agencies and most importantly the homeless themselves) must embrace a culture of transformation. A culture that through the help of others holneless individuals can transform and integrate thelnselves back into society. For Inoral and fiscal reasons, holnelessness Inust becolne an unacceptable condition that is not tolerated in the USA. 2. Co-location and Virtual E-inte�ration of as Many Services as Possible: In order to increase success, all services within a service area must be e-integrated. Virtual e-integration ilnproves coordination of services, enhances performance, reduces galning of the systeln, engages individuals on the Inargin of society and increases cost efficiencies within and between agencies. Furtherinore, whenever iinancially possible, services should be co-located. Co-location goes beyond virtual e-integration by increasing the number of "service hits" into a shorter period of time through the reduction of wasted tilne in transit and Ininilnization of mishandled referrals. Co-location also increases the supportive "hulnan touch." 3. Must Have a Master Case Mana�ement System That is Customized: Because there are so Inany different service agencies helping holneless individuals (eg government at Inulti-levels, non-proiits and faith-based), it is criticai that ONE person coordinates the services an individuai receives and to do so in a custolnized fashion. The types of service provided is critical, but what is more important is the sequencing and frequency of customized services. 4. Reward Positive Behavior: Positive behavior should be rewarded with increased responsibilities and more privileges. Privileges such as higher quality sleeping arrangelnents, Inore privacy and elective learning opportunities should be used as rewards. It is important that these rewards be used as "tools" to approximate the "real world" in order to increase sustainable reintegration into society. 5. Consequences for Negative Behavior: Too often there are no consequences for negative behavior. Unfortunately, this sends a Inessage that bad behavior is acceptable. Within the transformational process, it is critical to have swift and proportionate consequences. 6. External Activities Must be Redirected or Stopped: External activities such as "street feeding" Inust be redirected to support the transformation process. In Inost cases, these activities are well-intended efforts by good foiks, however these activities are very enabiing and often do littie to engage homeless individuais. 7. Panhandlin� Enables the Homeless and Must Be Stopped: Unearned cash is a very enabiing and does not engage homeless individuais in job and skiiis training which is needed to end holnelessness. Additionally, lnore often than not, cash is not used for food and housing but is instead used to buy drugs and alcohol which further perpetuates the holneless cycle. Holneless individuals who are panhandling should be engaged into the transforinational process. Furthermore, Inost panhandlers are not truly holneless but are preying on the good nature of citizens to get tax free dollars. m# Prepared October 23, 2010 by Robert�(�. nlarbut Jr. Attachment number 3 \nPage 1 Attachment number 3 \nPage 2 Attachment number 3 \nPage 3 Attachment number 3 \nPage 4 �: � �` � � � � � � � �� ° • � f �� >>» �` ��r;r% � ;� . �>» %l%r,, � �....-- � � � ��11�:�%� Attachment number 3 \nPage 5 Attachment number 3 \nPage 6 Attachment number 3 \nPage 7 Attachment number 3 \nPage 8 Attachment number 3 \nPage 9 Attachment number 3 \nPage 1i Attachment number 3 \nPage 1 City Council Agenda Council Chambers - City Hall Meeting Date:S/17/2012 SUBJECT / RECOMMENDATION: Approve the minutes of the May 3, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo �[i�ii%�[I] Present I_1�:7�iii CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER � � Mayor George N. Cretekos, Vice Mayor Paul Gibson, Co Bill Jonson, and Councilmember Jay E. Polglaze. William B. Horne II - City Manager, Jill S. Silv�:rbcaard - A: Manager, Rod Irwin - Assistant City Manager; Pamela K. Attorney, Rosemarie Call - City Clerk, and Nicol� Spragu Records and Legislative Services Coordinator. To provide continuity for research, items are agenda orde necessarily discussed in that order. Unapproved 1. Call to Order — Mavor 1 The meeting was called to ord It was noted that Councilmeml persQnal health matter. �p Invocatior� � �r� JameC Trinity 3. Pledqe of Alleqi�r�� ,�- 4.:. Presentations — Giu�n� 4.i End of Session Re��rt -� Rearesentatives 4.3 :��i p,m��: �t �ity r�ai�. � reen Hock-DiPc�lito was not i Attachment number 1 \nPage 1 IPiL�iilTa'i ot ance due to a 1�►�[•7�i7�'•• . �FT��•7iw►�Firy�iyi��:%�l:a'il�l: .3�1'i•�7i�_\1�]:7 4.4 2011 Excellence in Youth Sportsmanship Awards Counci12012-OS-03 1 Item # 10 Attachment number 1 \nPage 2 Certificates were presented to Mark Biddinger, Angel Castro, Michael Fenlon, Emory Mathis Harris II, Hayden Heatherly, Bo Hoover, Rebecca Mann, Amanda Ross, Travis Starkey, Noah Thorp, and Jalanika Whiting. 4.5 The Mavors Cup Game — Rvan Beckman, St. Petersburq Colleqe Interim Head Baseball Coach Mayor George N. Cretekos presented the 2012 Mayors Cup to the Saint College Baseball Team. ., Parks and Recreation Advisorv Board Presentation - Ra� Parks and Recreation Advisory Board Chair Ray Shaw said the Bc�ard pro� to staff and Council on parks and recreation activities and parti�ipate� in di federal and state grant applications. The Board has held public hearin�s fi� the Town Pond to Prospect Lake and the East-Wes# Trail tc� Ream Wilson � Trail. Recently, the Board has been working with staff regarding renaming Greenwood Recreation and Complex, which is �:xpected to gc� before Cour Mr. Shaw said the Board has expressed an interest to meet bi-mc�rtthly, ins quarterly, and requests council consideratian. 5. Approval of Minu Councilmember Bi1�i Council Meeting as duly seconded and n by th� �i��, Clerk. ison moved tQ: appi �mitted in written su ublic Hearings - N 7. " Admini 7_1 � � �r�vF es insighl ussions f+ renaming �arwater ne. ove the minutes of the April 19, 2012 City mmation by the City Clerk. The motion was ;:�[iI�l�►�I c Hearings � K� �� r: � r �_�� I � � i The City's Evaluation and Appraisal Report, which was released in August 2006, indicated a need to create specific policies in the Clearwater Comprehensive Plan to incentivize affordable housing, specifically calling for density bonuses and Counci12012-OS-03 2 Item # 10 Attachment number 1 \nPage 3 parking reductions. In December 2008, the Clearwater City Council approved amendments to the Clearwater Comprehensive Plan that included an objective and policies relating to affordable housing incentives. This proposed amendment to the Community Development Code implements that objective and policies. Proposed Ordinance 8313-12 includes the following amendments: Clarifies that the densities contained in the Clearwater Compr�hen be exceeded under the new affordable housing density provisions. Sets forth the review and approval process for granti density bonus. Establishes a density bonus and sets forth how it is ca between mixed-income affordable housing developme housing developments. Sets forth standards that apply to all affo granted the density bonus, including corr green building criteria. Sets forth criteria for a requ�r� both owner-occupied units;ar. Sets forkh the standards fior � which a�IQws a reduction in r� Clarifies that aff+ordable hous reviewed as a Leue� Two apK Sets forth definitions;,f�r: affo bonus density; and duv��ling, I units. al for the �ffordable ho d parking spaces provi� lan can c�ther. affordable " " opments that are ign criteria �d ilifiy, which address g parking incentive, the criteria are met. lopments receiuing the density bonus will be ing unit; dwelling, affordable housing Fordable housing. The Community Dev�lopment Board (CDB) reviewed the proposed amendment at its meeting on Apri) 1;7; 2012 and unanimously recommended the amendment for approval. In response to a questic�n, Planner Cate Lee said affordable housing developments containing mQr�; fihan 25% affordable housing units shall receive a 20% bonus density; allowing tt�e affordable units to mix-in with the market-rate units to ensure further compatibility with the neighborhood. A concern was expressed regarding the parking incentive requiring affordable housing units to be located within 1,000 feet of a transit stop. Counci12012-OS-03 3 Item # 10 Attachment number 1 \nPage 4 Councilmember Bill Jonson moved to amend Section 3-920(B) to read: "...provided the site with affordable housinq units is located within 1.000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subiect to the followinq:" The motion was duly seconded and carried unanimously. In response to questions, Economic Development and Housing Director Geri Campos Lopez said Main Street Apartments and Hampton Apartments for seniors!are great examples of mixed income development projects in Clearwater, fih� Wellingt�n proj� is an example of a tax credit/mixed income development, with: a 1�rger percerttag� of` lower income market vs. a higher affordable market. These prQjects were built°under the current zoning and received no bonuses. Vice Mayor Paul Gibson expressed a concern that the proposed ordinance incentiviz low-income housing developments and suggested limiting the definition of �ffordable housing to workforce housing, 80°/o to 120°/o of area medi�n income, as it wauld incentivize developments geared for public safe�y emplc�y�:es and other w�r�fia�rce categories. Discussion ensued with concerns exaressed that limitina the d�finition would be toa restrictive for senior housing dev� In response to concerns, Ms: � housing c�mpared to its couni are less afflu�nt; c�ne-third of t Ms. Gampos LQpez said HUD b�nus units would nc�fi be able units are incentive, 80% to 120Q/o: development as well as starting salary of $30,00 $D°/o AMI. Ms. Campos I r Paul Gibson and carried u� ;ampos Lopez said:Clearwater is le�s affc�rc�able in erparts in the Tamp� Bay region. Clearwater households ��useholds in Clearwafier earn I�ss than $25,000 a year. s�ts a fair market rent 1ist:�anc� d�:uelopers receiving the to char�e more than listed rent: Fair market rents for the to current market rate rents. Limiting the density a Medi�n lncome (AMI), limits who can live in the veloper's abi�ity to market the units. A firefighter with a i a child and a non-working spouse, would fall below the said the 80°fo AMl is $40,600. >d to table Item 7.1 to May 17, 2012. The motion was duly ously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8316-12 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the citv to chanqe the land use for certain Counci12012-OS-03 4 Item # 10 Attachment number 1 \nPage 5 real propertv whose post office address is 3043 and 3047 Cleveland Street from Residential Urban (RU) to Institutional (I). Ordinance 8316-12 was presented and read by title only. Councilmember Bill Jonson moved to adopt 8316-12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, ;Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.2 Adopt Ordinance 8317-12 on second readin city by rezoninq certain real property whose 3047 Cleveland Street from Low Medium DE Institutional (I). office addre Residential Ordinance 8317-12 was presented and read by ti#le only. Counci moved to adopt 8317-12 on second and final reading. The rnoti� and upon roll call, the vote was: "Ayes": Mayor George N. Cr�:tekos, Vice Mayor Paul Gibso Jonson, and Cc�uncilmember Jay E. :P�Ic�laze. � � 9.1 Authorize renE emalovee and and authorize the consent 3 and to ber J duly Imember Bill contract witt� Company Care for services includinq vment drua and alcohol testina. and are-emalovment officials to execute same. (consent �as�: and installation of Milestone Video Manaqement and Monitorinq cameras to support various city facilities, in accordance with Section Code of Ordinances - Other Governmental Bid (contract with Pinellas ool Board contract 10-968-0831: and aaarove a transfer from retained 9.3 Approve the Tenth Amendment between the Chi Chi Rodriquez Youth Counci12012-OS-03 5 Item # 10 Attachment number 1 \nPage 6 Foundation. Inc. (Foundation) and the City of Clearwater (City) for the operation of the Chi Chi Rodriquez Golf Course and Drivinq Ranqe and authorize the appropriate officials to execute same. (consent) 9.4 Approve an Exclusive Non-Alcoholic Beveraqe Aqreement with Coca-Cola Refreshments USA. Inc., in accordance with Request for Proposals 28-11, to provide full service beveraqe vendinq machines and products within city facilities, approve a Termination. Release and Indemnitv Aareement_ ter.minatinc the current Exclusive Non-Alcoholi Enterprises. Inc. and authorize the consent ate officials 9.5 Approve submission of Department of Justice, Bureau of (DOJ/BJA) Edward Byrne Memorial Justice Assistance G 9.6 Approve a Contract (Blanket Purchase Ord Clearwater. FL for an amount not to exce�:c Goodyear tires for city motorized equipmen throuqh April 30, 2013, in accordance uirith other qovernmental bid, and au#horize fil�e � consent 9.7 .; r maintenance r�� ;onfiracts dated Nc ate�offi�iats�to exe amount of $37: authorized se� authorize the a IL for an r the aer urin� c. 2. e.tconsen ot to cute sarn�.' ice Assistance �plication in the Position. (consent) mmercial Tire of purchase Qfi May 1, 2D12 : �de of Ordin�nces - :�,>�a��,� �a� �� .. - 140.000 for the Aaril 30. 2013. r Flypt Pumps, replacement parts and factor contract p�riod of May 3. 2012 to April 30. 2� officials to execute same. (consent) rove a propos�l b� Construction Manaqer at Risk Biltmore Construction Co. in the unt of $281.540.04 for the rehabilitation of of Clearwater, which includes all labor and 9.10 Approve the Cooperative Fundinq Aqreement between Southwest Florida Water Manaqement District (SWFWMD) and the City of Clearwater for the qabion proiect on the Jeffords Street Channel in Stevenson Creek in the amount of Counci12012-OS-03 6 Item # 10 Attachment number 1 \nPage 7 $600.000 and authorize the appropriate officials to execute same. (consent) 9.11 Disband the Clearwater Greenprint Steerinq Committee. (consent) Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Oppose the relocation of Familv Court from downtown Justice Center and pass Resolution 12-10. Vice Mayor Paul Gibson moved to oppose the relocation of F downtown Clearwater to the Criminal Justice Center. The mc and carried unanimously. Resolution 12-10 was presented and read by title only. � moved to adopt Resolution 12-10. The mo�iQn was duly Councilmember Bill Jonson expre�s�:c� a concern that th,e pro� Family Court would increase the`u�hicle miles travelecl in Pine �t�r r� tne c�ra�rt�o ourt firom �s duly �econded ber Bill JQns�n �elQCation of the Councilmemb�r Bill Jonson rt�c�� to amend Res+alutiQn 12-10 by aclding the following wher�;as clause: "ti�e family cQUrk consolidation would incr�ase uehicle miles traveled at a t�rne that Pinellas �raunty funds fQr congestion mitigataon:�ar� more and more limited." The motion was duly sec�nded. It was suggested the clau�e be added afker the first whereas clause. the vote being Vice M; was du' "Ayes": "Nays": or Paul Gibson icil of the City c seconded and' motion carried unanimously. �ed to amend Section 1 of Resolution 12-10 to read: "The .arwater does hereby unanimously oppose ..." The motion ed unanimously. jn moved to adopt Resolution 12-10 as amended. The motion d upon roll call, the vote was: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. None. Counci12012-OS-03 7 Item # 10 Attachment number 1 \nPage 8 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Reschedule June 18 Work Session from 1:00 p.m. to 9:00 a.m. There was consensus to reschedule the June 18, 2012 work s p.m. to 9:00 a.m. Other Council Action — None. . . . . . Mayor George N. Cretekos reviewed recent and upcoming The meeting was adjourned at 7:40 p.m. Counci12012-OS-03 8 Item # 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East) together with the abutting right-of-way of Burnice Drive and together with the additional right of way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and pass Ordinances 8319-12, 8320-12 and 8321-12 on first reading. (ANX2012-02001) SUMMARY: This voluntary annexation petition involves a 0.237-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.3098-acres of abutting and adjacent right-of-way of Burnice Drive not currently within the city limits also be annexed. The property is contiguous to existing City boundaries to the north, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. Collection of solid waste and sewer service will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1480 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Cover Memo Objective A.7.2 Diversify and expand the City's tax base through the annexation of ��eCaprie�y �f land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo ��11�:��) Attachment number 1 \nPage 1 ORDINANCE NO. 8319-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED THE NORTH SIDE OF BURNICE DRIVE APPROXIMATELY 345 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 5, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2172 BURNICE DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF BURNICE DRIVE AND TOGETHER WITH THE ADDITIONAL RIGHT-OF-WAY OF BURNICE DRIVE ABUTTING 2160 AND 2166 BURNICE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: (ANX2012-02001) See attached legal description, Exhibit "A" The map or maps attached as Exhibit(s) 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 C ity. 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 I[�'ii�:�iil Ordinance No. 8319-12 Approved as to form: George N. Cretekos Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 I[�'ii�:�iil Ordinance No. 8319-12 Attachment number 1 \nPage 3 EXHIBIT "A" Lega) Description for Property located generally at 2172 Burnice Drive. Parce) I.D. No. 24/29/15/31050/000/0050 Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East, 334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line; thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East 1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. 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ED.•' � F�.�. .•^ • +, �• l �ZZS 8 =PiUd: . �,� .w�" � ' r`: . •�5�� : Sr. .'w� 2a N V% .r.� :E • . . . . � � - - :6.''•�• '�:'-$....: .•xt.••'�rz;: ,•��: :�a•.•�:.�y.'��' ;ai' .ia�• :'ta:'�!�.� 6 s - • 21 f231 . 16 . •� 15' �. `;'kl' •.13 . • . . • , ` • , i233 'e� •ao.. •��. � �...; � .. . . . 1 g •F..F. �. . � . .�•� �• ... :N :�'. .`�'. '.�'. . ' . .��. ' 1243 . • ��. � �'r • . �•»,e4 •=. � :. f•' .. � ?2�6 ' � �$' • �?>�r,... :: � •a7s• -ad• .. z Propose� Annexa�ion Owner: Brown, Brandy Case: ANX2012-02001 Site: 2172 Burnice Drive Properfiy 0.237 peres Size Acres : 0.3098 acres ROW Land Use Zoning P1N: 2429-15-31 Q50-000-0050 Fram : RL R-3 Ta: RL LMDR Atlas Page: 308B Exhibit "B" S:1Planning DepartmentlC D BlAnne�cations (ANX}IActive CaseslBumice Dr 2172 ANX20i2-02001 - BrownlMapslAN7{2012-b21Y(51' # � � Proposed.doc Attachment number 2 \nPage 1 ORDINANCE NO. 8320-12 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 THE NORTH SIDE OF BURNICE DRIVE APPROXIMATELY 345 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 5, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2172 BURNICE DRIVE, TOGETHER WITH THE ABUTTING RIGHT- OF-WAY OF BURNICE DRIVE AND TOGETHER WITH THE ADDITIONAL RIGHT-OF-WAY OF BURNICE DRIVE ABUTTING 2160 AND 2166 BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description, Exhibit "A" (ANX2012-02001) Land Use Cateqorv Residential Low (RL) 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. 8319-12. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8320-12 I[�'ii�:�iil Attachment number 2 \nPage 2 EXHIBIT "A" Lega) Description for Property located generally at 2172 Burnice Drive. Parce) I.D. No. 24/29/15/31050/000/0050 Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East, 334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line; thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East 1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. I[�'ii�:�iil m � N l�1 N Ck �y unrrveRSrrY cr N � N r ^bp ti ��,o h 2�4 Z�� N N I a� � J. �'1 � v�- _ N ry S UNlVERSlTY DR � n N W q� Of N N N COLLEGE DR � m q � N N N N • f' •. ;r'.- ..�. •�'.' . .."'.� � ��.' �.� ..L . �� N • • • ��• � �� P•.•• �In � � � ��q . h � O�i ��IOO �L �.'N • �N.�. N N �V . N N tV � � �{i��:�R'•': :.:�� .r,'. , ¢ , �. .� � . � � • � � . .. 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Owner: Brawn, Brandy Site: 2172 Bumice Drive From : To: Land Use RL RL Future Land Use Map Zoning R-3 LMDR Exhibit "B" Case: Property PIN Atlas Page: � w _ � w m � Attachment number 2 \nPage 3� 384 W � $ aoa � s z 120i h 0 Q N N GLENMOOR RD 1225 7z3, R 1233 1243 � ,e ANX20 ] 2-0200 i 0.237 acres .3098 acres ROW z 24-29-15-31050-000-0050 3088 S:IPlanning pepartmentlC D B1Annexations {AN7�1Active CaseslBumice Dr 2I72 t1NX2012-0260 i- BrownllvfapslANX2012-�2011I '# 1 1 Future Land Use.doc � Attachment number 3 \nPage 1 ORDINANCE NO. 8321-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED THE NORTH SIDE OF BURNICE DRIVE APPROXIMATELY 345 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 5, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2172 BURNICE DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF BURNICE DRIVE AND TOGETHER WITH THE ADDITIONAL RIGHT-OF- WAY OF BURNICE DRIVE ABUTTING 2160 AND 2166 BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal description, Exhibit "A" (ANX2012-02001) Zoninq District Low Medium Density Residential (LMDR) The map attached as Exhibit "B" is hereby incorporated by reference. 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. 8319-12. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor I[�'ii�:�iil Ordinance No. 8321-12 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 I[�'ii�:�iil Ordinance No. 8321-12 Attachment number 3 \nPage 3 EXHIBIT "A" Lega) Description for Property located generally at 2172 Burnice Drive. Parce) I.D. No. 24/29/15/31050/000/0050 Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East, 334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line; thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East 1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. I[�'ii�:�iil � N N i`l N N h unrrveRSrrv cr � I N I �. P h (V N tV NI N p0 b'` ,� ti �A� Z� � � h �y S UNlVER5lTY DR n h "� n N iy N � � p�p N �p N � � N N N N COLLEGE DR � � �, n � � N � N N � ro � ro � N N N N 984 Attachment number 3 \nPage 4 � s y � x ' o'` tiry .�� _ ' ' '_' -� j��•� , � . : �� .•h•' • �•M,� ��. � ��. � �.•� � . .e�.'R ap p . �� N�• . � ��- .R.� ��MKj� � m m I�Iv�.• � m O� T200 i2�� , •�. •�� .N�•� N N �. N N � N . . . • �l��:Dl�• :': . :., .� : � • . . . • � _ •: .,. .. .. ,... . . . . r2o� •�n � �� • • i.f N • � •••`ri�' + �i •' .�•. `�°. � �P`°-: • � m a 922� iV. ••�.�• •N•.�•��. .fij... N N N �ir� ' . • f��• • . f•�.. Q N N , . . , a GLENMOOR RD . , : : ,�,� : ; � �. . ' •, , _ ��. •� �.�: .��e :�: ��. .� :� ' ��. :�`. .. �. • • �•��•� � N N •�. ;4• •,�; � 'K;,.. •�;. .N;� �' :.�• .�. :'�• '� '�•.;, w "t� '.N '.��. .N . . • iy•, • m ' �� :�C�X;•�i`lEER'13��;'.; '- � �r. , •�, r :;�, . • f .•. • : - � ' • . .cr. .�.. ,8. p ••�•. ,� , ' �� ' �' ' '�' � � •''�• . [V . �9r. .•M � •N,� � � • � ��, • • N �' . [y. .a�. �� ry T�ZS .anis�. •' ., . . ' , � � - . . . . :' 4231 •• •• • .. • .. 1233 .�. ••�� ' �•��. • �.ry��.•� • .. .::... ... �� :� ::: ... ,' : • . .' . . ,: ;� �. . . f•,. . . r•;. . i243 � ��'�,6AS�IIY�fliCV1(W;�r• ''� • • . _ 's� �� . : : . . . . . . . . . . : : . . - - - - - Owner: Srown, Brandy Site: 2172 B�rnice Drive Land l�se From : To: RL RL Zoning Map. Zoning R-3 LMDR Exhibit "B" Case: Property PIN ANX2012-02001 0.237 acres : 0.3098 acres RO� z 24-29-15-3 i 054-Q00-4050 Atlas Page: � 3086 S:1Flanning DepartmentlC D B1Annexations (ANX)1Active CaseslBumice Dr 2I72 AN�2012-020U1 - BrownlMapslANX2012-�2ff{II �# 1 1 Zoning.doc ROGERS � � W m � Q m T rner Druid Park Dr N "� v U } � R' p` � y NDRUIDCIR W a F- Q -2 S DRUID CIR U ° DRUID RD �� a o o � � � � CAMPUS z CROYDON o O DR .p 0 PROJECT � ACADEMY KENMOORE SI TE �� OLLEGE DR � MAGNOLIA � o pR ? 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CHARLES Y DRIVE °��m mm6& mn °��m� m � � � ��6,�.�°,.°,��,m m � � C9 �mmm mmm&6nm m m m m HARN } yt� z � &��r�d�m mm�Pl6� w �tit�s � F o LAKEVI�°m �� °� II O� HABERSHAM � e� � " ¢ 'S� LO t�� VIOLA DR U CLAIBORNE 7 �'S' O� �� }OAK GROVE DR MORNINGSIDE DR �5 QQ- .�� em��a �m� Q`� �°��Rtis m mm= �oEz n7`t �� mmJ a m a m� ° � z o °�� °�mm&mm � . m� �� _ ❑ �°��u'��I�n �,p�m�m�&� n� = z m � � ��.�m� ��m � �. & �� m �� °m m & m � � ��mm&��r�, �_&� � � ��mm�mnmmmm ° � n�m� m m� � n n � m� n II II �� m m° �m°� m mm� WILLIAMS � , m m m n n m. � m ��m m��m�&� m DR I I �� I ^ � W _ U J W m Attachment number 4 \nPage 1 JAFFA PL O 0 0 0 BASCOM WAY � z Q GROVEWOOD m RD ° 0 � o Q m > U � MINNEOLA RD � � I ( GLENMOOR GLE MN OOR � GLENMOOR RD S , I �° 0 RD � � w m Q z x U RD w � ¢ H U GLENMOOR m 0 -\,� m T/� Q ��m m� � m� m� m� w m �mm� w �mm&��°�° °f°m�. �° � CORONET LN I DIPLOMAT DR ENVOY p 0 CT Owner: Brown, Brandy Site: 2172 Burnice Drive From : To: �and Use m m Location Map Case: Property Size (Acre Zoning 71�1 R-3 LMDR I Atlas Page ANX2012-02001 0.237 acres 0.3098 acres ROW 24-29-15-31050-000-0050 �:: S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Location.doc Attachment number 4 \nPage 2 Owner: Brown, Brandy Site: 2172 Burnice Drive �and Use From : To: m m Aerial Photograph Case Property Size (Acre Zoning 71�1 R-3 LMDR I Atlas Page ANX2012-02001 0.237 acres 0.3098 acres ROW 24-29-15-31050-000-0050 �:: S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Aerial.doc Attachment number 4 \nPage 3 au N yy N �iUN ry�.1 �f ra^ 790 I 80 � I 81 � I�82 _ 101 90 ^'•, � ao ao co � ^�� "•, N N N N N 9S4I� UNIVERSITY CT �� ry ry^6 "' COLLEGE D ' � � �oz,� as /� � 1oc `� � N M �� *...^ � 9 a N N N '.. ry N � °r° � rn rn 2 2 N N N N N — 88 131 132 133 `j,��`�'- .., �^y(� 87 86 85 84 83 2 101 � 55 Z ,oa 1oz v 137 °r° 136 � 135 � �134 '�,i6� ^6 105^ ^ 106 1070 10&0 109N � 110 3 � N N N N � � N N N N N N r `,.,,.,,, �..., ` 103 S UNIVERSITY DR a � ° ti° � � � � � � �o �� °p °� rn � � N N N N N N � N N N N � � N N N 50 23 122 121 120 119 118 117 116 115 114 113 112 111 50 5 6 m ° � "°°°m°m &°m°° ° nm ° �m"°° ° °�m ° & 8°°6 m° m °m m�m'��1�° m� 1��m m�3�mm 6� m1� nM �°mm,b mm� mm m °m *—�` 7 6 ��0{fm�m.. 4 3 2 1 50 50 1 37 n�n nn� m n m� m m m �� n m�� m°�" �°o � r�,.mm� r`D. ro rn 1200 1201 °�a� mm° m m a mmm m°m �4 �m �� °m m � � � mN m a °�� N V�� N N N ° °m"4��!�1(abas�&�%��°� ° °n6��m m ° � 2 3g ??� ��°� m m m n m m 6�m° & m6 m° m` p m& mm� m�am m m`m m� ° 1207 °PW � mii� M m`� mm �° nm � m N �nm � m� �°�n° m mmm ��mmm� m m�& m mo-�+�, „ �°�n° m m � °r° � 1220 m,��,.mm�m n&nmftV� m °n(� a mm,�dlmm&� ��mm n,� N N N N W 3 N N 39 m�m� m 1 N N m"� Va � n�� 22�m m��m m��23 m m m 24 m m��& °6��m m..� 2�m�m° mm� m�m� �`7m �m m'L8'm� °��2�m �&� n°mm�^ m&�m 31 32 33 34 ' m�m.. n m m&� m m n m"" n° �. m m m m n� n� m.. m mm m n n m m � m o 70254 m °m� �� m� m m�v mmm� � 1m � mm m m g� nm & m � m&g m m mm.7m � 6 mm �� m m mam°� �m�m�n & m m�m4 ° mm � n�,� m n m��m �� °°� a�a m& °�° n m&� ,. "�n ° 6" �° p fi q°� 6 n 0 O O m a� n m m m& °n . °m°�� m�m& m m m n� m�mm m � � n��m � N N „� °v° _° �6 mm�� ° ��m & � m� �° &-�=�� m "mN,& � ° �� &� m �� "m�,l � °° °e m�m � ° mt?m ° � mm° �° ° m 6° w ° °� �°a mm � a � � °�&�° mm �°mm° � m&m�° ° &m�m° e ° �°m m�m�m e m �'m°m` _ m�m m&m° m� ° m� m�mmmmm�m m m ��& �� m��R m& °m °m� mn mmmm� m n� 6�&� mm�m m m `� J ZZq3 ��r &° mp°&° m°F �& m�n " �� °" &�° °�y ° m ga& m�, ° m c.�°"m i: � m m m m� m ��«° m° m m° °� W 5 a '�am °�° ��& �m°�� m &F�&m m&�m mmn m�m� ��mm� m 6 rn� m 1225 ��m°°�° l° „° �°m& ° ml m&� ° m� m mm mm m°�y m m�v „ n° m�� m m& ia m °°�,° ��° „ s,� m m s ym m m� m m�� n z o i y at�6� �mmm mkm� „ an „ nn _ m n 6&m m m a m n m� m� m m� ma mm m a n n mm m� � mtl mm m n n m m��° n — m�° m mJmmm� �°� � �Bm°m°m° °� �lim..�m � °'M2�6m °a�1� ° °ea�� mm�&1�a& ° �16mmm nmtt� nm m ��ea8,�m° °m°T9m..n�m°�°�m 21 6 9 m 1231 m�� m 6 mnn 8 1233 ��6 a m mm�5�°� °m°ro4°�° m m�i3 a & & � a mo° maom n m�m m n e n n m& r�. m ��6 mm �„ m 1,��m m� m� �� mm° m° �� mm m� ° m� � � � � °�� °� m� ° m � 1243 m,ya m°m n m� m �mii�ea� m�mammm � �??� 6 �°m &6�°�i�m°�" �m�°°nmm�&��m�m��m�m�m��&m°mmm��&�°°m°� 2 ° m°�� m °nm��; m23�� m n m��am�s m� mm6a; 6°m„ m Proposed Annexation Owner: Brown, Brandy Case: ANX2012-02001 Site: 2172 Burnice Drive Property 0.237 acres Size Acres : 0.3098 acres ROW Land Use Zoning P I N : 24-29-15-31050-000-0050 From : RL R-3 To: RL LMDR Atlas Page: 308B S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Proposed.doc � N N M N N N UNIVERSITY CT ^ N M N N N N � N M � V N N N N c�n �0 ti^ �� ti� � ti'``'i �^� ^ b N N S UNIVERSITY DR � � � � � N � N N N COLLEGE DR W oi pi oi N N N `� N N � � � � N N N N N I N Attachment number 4 \nPage 4 984 W / � �oo� � z � ' o'` ti� m �� m a ��mm� ��m� m mn�� &n� n m�M �� 6 �m&�m� �n� 6m ,;�� °. 4� mmm «&�°N m « °��'m.. ° �"n m�vmmm� °'e�im "& °� � 6� � � m rn 1200 1201 °Nr m� ° '' N° N N ° N° „ N N N m m m°L��ilZ�1l%�'&Dj�m°m°�°„mm„�� n �- �m R �2, m � m m m m m m m m.. �.m# m m6n � m@ m 1207 n � m��m m m n° � "� M m� ° ud mm mR� nn � yn ° � n q � � �cv m �° �. ��,gm N � «� �� °& �'�� m'y€°mm�n �a a n°a�a°� � � 1220 � m� n �nN°mm� m° 6�,&"n n� �° n n Nnn e: N N N �p n�r °' n � n�r °'mn�n� � � m�r&°�m�n� n Q N N � GLENMOOR RD nn nn W mmm� mm °n� �� m m m mmn° � �� n 6`m m m �m & mm° mm n�� m m m m � V o 0 � � e" m �`� ° �° �n m° �� 6° �m� � � &� �° � mm �� m„ n°�� m ��a m m�° � mn &� m � mn° a�& m m� ��mmn °mm� W N m°�° °�m �m m m��m m�m &m�mm ��m � "� ° � �m °� & "� ` m ^� ° ��m a s� n � m� m m 00 m m�m �m n „ n �� y mm m mm n tisq�m �m�,�wm mnm mm n.. 213 � Z �& � e nmw �&m � m�� e�n n �_ ^ m m m n m am a m 6�wmm mm��.m 6mc�°&° ��m �m� m &��m& m &`° n� m m�F� n amm6 m�= m rn� 1225 ��6 �mM� nNn& � e�Na�m mmNm �mCVn °&N'n� � N �.�rTmn " n n n m � = mm�n � m � mm� m 1231 � 1233 mmom mm °m�n�'..ti m mm n m mm m m n n m �m �m°' ° m n`m�mm6° � °�k�mm�°� � m m «&mm°° m mm �mro m m°�� nN` m mm� °� m m m �. o m m n m m m� � ° 1243 �° 6 � 7�� n � ��m� �� 22�6 m mm��,�AS�uv��r�°� m� °� m m m v m m d m d N w m m m m N� m v d w�� m m v l.l ��m m m n m m Future Land Use Map Owner: Brown, Brandy Site: 2172 Burnice Drive Land Use Zoning From : To: R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page ANX2012-02001 0.237 acres 0.3098 acres ROW 24-29-15-31050-000-0050 �:: S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Future Land Use.doc � ( N � N M N N N UNIVERSITY CT -,� N M N , N N W cp �N� ( � N { N N N I N N) N � N � � N �0 ti^ �� ^ ti156, �� N N S UNIVERSITY DR � � � � � N N N � W W p�j � N � N N c� N COLLEGE DR � W O� N � � N N N N W W p�j p�j N N N N N � N � N Attachment number 4 \nPage 5 984 W f� � �oo� � Z 1010 Q 1020 � ' o'` ti� n �°m6 � n n �°�m � n D n° m �& ma��. mn ��n� m mm ty n m � � °'�n � ° . �°m "�� n mm m °��m °«�° m�va�� °u�im "� a°o � �� w o°� 1200 1201 n°� n °�A ° &n�S°nm m N N °� 6� N N N m m m ��ilZ�1l%¢'&Dj�m°m°�°mmm„�� 22� �°� m m m m m m m m � m m 6� am��m g m&mm m°&�m m� m�&m tzo� � n vR� ��m° me"J M ��'� &&I�� m� ° 6ud m° m R� n° ��fl° �° O� u) mry &m � m, � N m°+2 d � � n c m`1�°mm�nm �e a n�B�e�m�m ^ � �' �ZZ� ��ii �n � mm�n n�&e� e� � � n nN° m m� m m° 6V °�"n n�° n n Nn n e: N N N nm �� e: °' n n�n °� N N n�rm6 n �r°'n n�r°nn n� Q � r � GLENMOOR RD nn nn W �� en n nV`�� m O mm m°��m, 6� m��n m�. �� m m m m� n m m m m J N N Y � n � a� n n�n a� � m��m„ n°�a0 m�°�a m�� W „m�°° m e� m m��mnm°m °�m� �mm��,m � � m m�,, mm °n� m �m�� °m� m �m m � m � �m��m � � �°m m �m m m '' & 'mm� �m��,mmm _ mm m m m a mma� m mm�,mm ° ��q��m ya� � m y ___ m„m�m�m&�m mm n mm n �64�,''4!� �n�l�s%l�m�'Kmm„nnm� m mm n.. 22�3 �m, �°°�& � mm6M�mTM�� °&�nm�� 8'�� u�� —��&°.�._m�m„ mm m, m m « inm�m�m6°m�mmm�� & � d im m m mw m m�m..�m m�&m m��° �� m m.. �°m.. m mnN m��mm°&°��.. w im m°�` m m� 1225 ,,,r ��6 °m ° �m�n� °&c�'n� � cV ��m� n n n n � n& �� m n s m m n n m m n�� m° a� n� m m ,f m�m m�n ° m mn �°m n m 1231 �� ° ° � °� ° � m m� mm mm�&�. m� 1233 m�a n�n�n mm�6m6�( m mm n m mm n m n0�m mNn °mv�� N n&g"�^aq� r�� m m � m n '°..-° �..=a �I ffi� �;� m m m,�&m�m�m� m m,�&m�m�m� m 1243 22 "' „ ��4�sl�1.7�'1J11 / �j� vm �mm"y`m m m ,.� ,, m �6� f^'`� �'°��Y tr �d `dI�H m ». m m m.., m d�;..�� n m .. � n m _ m d m n&.. m.. �� m m m d ». � n m m.. ( � Owner: Brown, Brandy Site: 2172 Burnice Drive �and Use From : RL To: RL Zoning Map Zoning R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page ANX2012-02001 0.237 acres 0.3098 acres ROW 24-29-15-31050-000-0050 �:: S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Zoning.doc Attachment number 4 \nPage 6 an "" yy �u�`+y �, f iu�o 79p 80 � 81 N 82 - w � N � 101 90 ^�. � ao W co � N N N ^�� ry ��,.... N N N N N 9S4 I� �_ UNIVERSITY CT � t ry ry^6�� COLLE ' � � �oz,� as `� GE DR � 1oc o � � � �.____,_.,.. ^D� ^—.�� r a N N N ,..' �, N a � � Co Co 2 ,2 '`,, N N N N N — 131 132 133 'j,'�� 103� $$ 2 ,... �^6j 87 86 85 84 83 101 � 55 Z �{ d° � �� r S�� oz v 137°�° 136 N 135 M �134 ^,..�"+r'��,` � I 1 J' "' 109N � 110 3 � N N N � Y �,^ � � W W C� C� N N N N N � � N N ` 103 S UNIVERSITY DR 4 � � � � � ^ � �. � � � �, �; Sin e�� N N N N N N N N N N N N N 50 23 122 121 120 119 118 117 116 115 114 113 112 111 50 m�'� 6 ��mm� n m�&m° °�°m m am m��nm° m°m�°�°�m�° °�°�°6mm° ��m�m m esi ntia �� mnN��m m�a�mm�6 � m1��mM ��,6 m� �m m �� *�� 7 6 �m�Sm�& 4 3 2 � so � so � 37 m�n a°� m � ma m m n°� �°�° m�� m°�� r�,.mm� r°p. ro rn 1200 1201 m�� m °�6` mN ° N N °��m N N N mm m��m aa m mm �� m ��ilZ�1l%¢'&Dji�m°� �� 2 as ??, �°m mmm m� mm �m°&6 an°mm pm�m m�mm mm&m � 1207 m� &m��°� e�m�6e N n� �&� „°&a°a° e mm�dw��°� m m�°mm �o-�+�, tl� „°�a°�ar� � °r° � 1220 mN,°,.m6,m n,�nm�lmmm °n�{'�n� mm,�almm0m m�6,m m N N N 3 N N 39 m L i'a � n °� °22�m m��m m��'23 m m m 24 m�m��&mm ��m m..� �6mm&m° &�° �`�m mm � � ° � `� ��"�� m � �� t . N N .- & m�8��° a&�mm..� a°m?3,Q°�&� 31 32 33 34 " n n n m 70254 m °m� �� m n n mmm � mm 6a �� . ° m m m m g�mmm �=m m g�"�m mm mm.7a �°� mm °� m m m m�m°� �°��n m°� m4�mm mti mm � n�� mm m m m�, �mmm �� n n & e,� a�� . ��e�� 66m� mn n 6n �& 6 n�« a a ° w.6 �� °� m �� n�� „` &� ° � q,��6m ° n�n °m �m°��°� mm � m«�m m�� 4 N N m° . p � {�Y R� ,a m � � ,:'T°�J° �i m mN m m°"� m° el = m m mn �°� � 7 °H° � m ° � � tl m� �� ° ��m m�m � m m� m m� m ° m = m°m n mm°n m�m 6°m&�mm n&m mm n ��@ & m��Rm&�m�mmnntim° mm � 6� J ZZ13 � m� �m �&� m��&� m� F� m+n�a ��° ��&�m �Ny � n�m m m m" em m m��& _ ° m� m m m m m m mm6� m�m ° m & m m� lLl 1225 5 8 im m m° m m°m �m&nm°�n m m� m�°°m °�, mm° n mm`� �6m' 6n�&nm ��° `& m a� m �&� F° & m° ° m&� m�m ��° m° m m� °�° 6& ° m �'mm lm° m m 6�� 00 m2t�sme%mm m mmF�° n ��°�'°& °n a�`'� m��'� n�N°m m�� n zo N y 6m��„ ° m mam mn �� mm �°$ m° m mm m mm ��a�r �`m �° r�z� m m„m�� m a&a � mm m�m m° &y� n&°��mm m°� � nm mm ea a�mm m 6°rs� �`m °�° „m 2� 9 '�m°m°n�m° m m� n n mm �°�mm m a m� m�mm m m mm m m �Z�1�'il� ° mm °° ° ° ° m°°m °° �esi ntial m�6 a" m��l5n mm mn.. m�° m°'h4 ° a� m m�m�:3 n � 8 mOa mao«�..n m�m6 m ° n° mm « m mm « m � m m�mm r"�a. m mrn °m � m g„��mm°m" � n�& mmm �. mm n�&mmmm°m ��ro�m �� n� m maii�ea� nn �mm m° m° mm °� 1243 ? & ° �� °�i�'m°��" & m �`�°�°n�m�&��a�=��m�m��&m°�mm��&�m°mm�� 2 � ?is f °� m� � �°`� m� ° m�? m2�4T m a m n m��m�6° „° mm 6pw 6m m° ( �° nm Existing Surrounding Uses Owner: Brown, Brandy Case: ANX2012-02001 Site: 2172 Burnice Drive Property 0.237 acres Size Acres : 0.3098 acres ROW Land Use Zoning P I N : 24-29-15-31050-000-0050 From : RL R-3 To: RL LMDR Atlas Page: 308B S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #�� Existing Surrounding Uses.doc View looking north at the subject property, 2172 Bumice Drive East of the subject property View looking westerly along Bumice Drive Attachment number 4 \nPage 7 West of the subject property Across the street, to the south of the subject property ANX2012-02001 Brown, Brandy 2172 Burnice Drive View looking easterly along Bumice Drive I[�'ii�:�iil City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325-12, 8326-12 and 8327-12 on first reading.(ANX2012-02002) SUMMARY: This voluntary annexation petition involves a 0.166-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of San Mateo Street approximately 145 feet east of McMullen Booth Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RI� and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste and sewer service will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent w�.e1i��m�urrent Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the propei�s#tli� Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the north, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8325-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING 0.166 ACRES OF REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN MATEO STREET APPROXIMATELY 145 FEET EAST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 14 OF DEL ORO GARDENS, WHOSE POST OFFICE ADDRESS IS 3113 SAN MATEO STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Del Oro Gardens, according to the plat thereof, as recorded in Plat Book 45, Page 74 of the Public Records of Pinellas County, Florida (ANX2012-02002) The map attached as Exhibit "A" is 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 C ity. 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 I[�'ii�:�iN•l Ordinance No. 8325-12 Approved as to form: George N. Cretekos Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 I[�'ii�:�iN•l Ordinance No. 8325-12 Attachment number 1 \nPage 3 — �, �m a� m �r�y 44 "� �y 6° �° � �n �o �^ ° � M fy ly .� '� �n n�2m m&� 43 42 �mn4ham°mn�� 22 23 24 Z � m � � �� . n�n" ° "� a m°n W m�mm�m �m�"m6 �°�eo7:� 33 � 34 I 35 � 36 37�, 380 39� �m`��m Q 28 29 30 31 32 m, m n m m� I I I N M M ��. � � � nm�m&m &°,�, `�a� I M M M „�j«� � � ' 2O�'J p, � &° mm mm,� � m � � M M �y � & � &� m°° °� ° � �m°� SAN BERNADINO ST � � °� mm � ° m° `°o° C ,� o &�"' m° m� �� SAN BERNADINO ST �°�� a°� �� ^ � w M M 708 m m� °'� Z08OH M M M 6m ,: � mn &� � 32 I 31 30 27 26 25 & � 29 28 n�� m m° n�� mn ¢ n m&° °&� 707 �— mm �m m& � m�6 � °6a �,� � 17 � 18 19 20 21 22 2 24 � � �D N � N „ �°m .:.�.:.:�m��e � � N � � � � �� M M "'f "'f �"f M � `° �� SAN MATEO ST 6°. h�m° n F�q•& �m 6, � � ° � � '�° � �' � m"� �� ° °��& m � `"mGOZ�� ° @'f�° m� � � m m� M °"m�&° � M M BOS m� mn m 2 m m m m �m� m� � tl'P6„�« �m15m °161m° 13 m T,2 m 11 �p g m m �& � m�m�T��°��`& �m%�mma ° e� 1 2 3 ��m6 6n �`m,� 4 5 6 7 8 O � O � � N O �D „�mn n,��,° n, m�° n m� M M " 'Mm m" &°�00 M M M M M M M M am—�n-m— ° m 8 60 � mm n m� � THOMAS RD m � � �m°��m� & � � i m�„' n° °�=°�mm°�°m° ��°&° � 053 1 m I "e��. m°� m � L 3 N nfWm�& mmk&"« K J "� � � � 2 O N �D � n, m,� N � �&m" "&° �° �� M M M M 6� p�j &� m� 6:�° �m ly I 6ma�m mm1�mmmm m, � � W6 m "� n° O j�, �& 6��nm m� ° °� m � � °�° ° °E O m�&�m° & m m° m° °°m m � `� m° � m� o� m°�° �� m�'amm � m°'"a � � =„ 1 � n� & s n� N m� � m� �m & �� m�& m m Z m&° 7�" �� m° m�i a� m 0�31 �°°�' m° "' 6m ��& n n m� mm �° �� W & m° m ° m� 6m m„m & m� J °nm�& ° �m m� 6n 6° � m m m m° m�& G ° m�& m m6' m T 6m m m «� p�j� „��& � mm � m „ �� ►�! m�� n�� m m E ��°��. m��& m m a�� &�.° m`m 6� " �m "2 n �& � C �nmm�m.. m m �m �,.a.� C �m"� � n.. �mm�m� m��✓9�mm 409 an te 35 I 36 I 37 I 38 42 43 44 q5 46 h � b n 7O1 M M �y �"� m SAN MATEO ST 49 I 50 I 51 I 52 � 53 PROPOSED ANNEXAT►ON MAP Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page ��o, 22.20 A c �c> ANX2012-02002 0.166 acres 09-29-16-20808-000-0140 283A I[�'ii�:�iN•l Attachment number 2 \nPage 1 ORDINANCE NO. 8326-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN MATEO STREET APPROXIMATELY 145 FEET EAST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 14 OF DEL ORO GARDENS, WHOSE POST OFFICE ADDRESS IS 3113 SAN MATEO STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 14, Del Oro Gardens, according To the plat thereof, as recorded in Plat Book 45, Page 74 of the Public Records Of Pinellas County, Florida (ANX2012-02002) Land Use Cateqory Residential Urban (RU) The map or maps attached as Exhibit "A" 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. 8325 -12. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8326-12 I[�'ii�:�iN•l CG �m m �� jaa�m� e�tim m� m m�m m m� m ° m� mn� �� m "� � ��m � �n m�n �� m m �� m� ��6�m � m��&� � � . �„m°„��„n��n� �6�yd�&�� CG � M M^ M � �� m m ; f�� Q � -U � 0 N M M &�6� m G� m m m „°�« C SAN BERNADINO ST � m � N M M ]�$ �'� m m m m 707 � N c�ov m M �vv � � m m m m vi"�� • •�� V V I e,�m� nn��° �� n m ° m `— n °�&m� °*"`4'°° °° ch m m 608 � � �v� �� nSJm° mm �� nm� ��m� M M m�� m — m� � � mm �� °� �il��°u ��n� �&�� O O O � � N O c0 N mm°� �� 6 M M V �m� °�n m m m m m m m m m mA�l�l�iL:�m�l`a%��m� �m°� THOMAS RD n � " �r°�m° &mI m ��a �m°� ° 1 � � � o � � R am� �� N � O nn9ln M ° m�� m m m �m�� m�m m m�8mn m&�mm ° &�� 0 � m mm °&�° �m��}%a�Gr J� � mm m m� m � 6� ��/m Y� ��,my� � mm « m°� m �o�" °��m� m°°�mm � �^� mm,c�im�n �c�v � `��« n. S�Q�i m�`��m � Z =mS'J°°� m°� ° eo"m c, m� m c,� n� n m ��a m m m° & m � m &m� _w, °�°� — m °°° � m ° R �m��&n� n °,�mm m� 6m m�° m�n m�� n mm�mm�m&m�a� ��& m m�50A n m m nm��,.a.� C � � ° ��m R/OS �m °m��s°°� 409 ante FUTURE LA ND USE MA P Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page M ' M Attachment number 2 \nPage 2 � z � � � o m m m m SAN BERNADINO ST h h � � m m m M � N � ^ h � � 701 m m m m SAN MATEO ST M�L R/OS ANX2012-02002 0.166 acres m �m 09-29-16-20808-000-0140 283A I[�'ii�:�iN•l Attachment number 3 \nPage 1 ORDINANCE NO. 8327-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN MATEO STREET APPROXIMATELY 145 FEET EAST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 14 OF DEL ORO GARDENS, WHOSE POST OFFICE ADDRESS IS 3113 SAN MATEO STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 14, Del Oro Gardens, according to the Plat thereof, as recorded in Plat Book 45, Page 74 of the Public Records of Pinellas County, Florida (ANX2012- 02002) Zoninq District Low Medium Density Residential (LMDR) The map attached as Exhibit "A" is hereby incorporated by reference. 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. 8325-12. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor I[�'ii�:�iN•l Ordinance No.8327 -12 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 I[�'ii�:�iN•l Ordinance No.8327 -12 � m �n ��e mmm m a�m a�n m� �� &m6� `� n W n °� n m� n �� m m ��a&�° m&� m ° ��&m � n n ' nnn "n � n�� e: n � m " ° m m .. � �^ n. �. .. .. � n i M..m� � � n � &n �� m� � mmm�� m � m ��&m m m� m� m=�m m m�e: � � 6s mn �mn n n°i�°� n& n 6� m n�m � m�� n m��ii.� m,��° m° �n°� n � �� m m m �°a �m° °�� m � m n ��mmmm� " � n�a mm �� m& �m °m p °�mmm m � °� m a �m n ° O m aa m° em m m°n°n°m m ° ��Fll��i �� YY.��m°m° m ° "� Z �� °� `� m °��°&n m J °��°� m°� " � ° m m m__ __ n _m ° e C t - � mn j * M M i �� ^�^ M � �� nn °u ° � � W � ��° ° Q N M M &6�m G� m m m „°�« C JADINO ST � m N M M ]�$ �'� m m m m 7� 7 � N N M M NV m m " " '� m SAN MATEO ST °"�m n �� M lIl � �m�n � n �1` "' °m i n M �� O O O � � N M M � m m m m m m m m m THOMAS RD � � � � �m�� m m 0 m m m m �m �� m �m m �gn m°ml��}G�� J�L� ma m mm m o" n� �m mm� m �.^-� mm�Em n �N =� _�,f''�^° � m°t� ° ao° m m m ro m m n�°� � m m�m �m�� °�� - � � n 6 �� M 6 °��mm°m °m°&�� m� 50A n� m m � m4�' @�� 409 ante ZON►NG MAP Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page M ' M Attachment number 3 \nPage 3 � z � � � o M M M M SAN BERNADINO ST M �� 701 h M � � � M ,, M SAN MATEO ST M M �iJ/l\ ANX2012-02002 0.166 acres � ^ � M M m �m 09-29-16-20808-000-0140 283A I[�'ii�:�iN•l a�.,��W�a�a ��` N 1tl � N �nm�°�@"�� mn'� U °� 6° Abbey ��6 m �� ° � mm m m��m&�� m6� m0��(m� m� n &� m � �R6 mn�"° m`� �°m� "&° � m' aro��n��s�� m� �m°� m� � ��m o� � � m �� ?mm mFro�G x�a/� m � m&�m � �� m mm w Attachment number 4 \nPage 1 vv'.• v ° v�. v :.'• °. °:°: :•: °: .� .;�°�,` •;'. •� .°� ..'�; �': `.. . .. .ym��:; :��::�.:::,'.'•::•.:.::';�::::::��::�.� :,''::•.:.:,•;�:::�': �.�sL�: ��.�.,�a.� ..�,mm.�n.�.�.�..� �.m•�RFt�r�°� a ` ... . ..:..:.. ... . �;:; �:.��' ..� ^�, �o� �� :�°:�,'��::e°:�:e:�{ w z � ��:y� SAN DOMINGO � 2iv W U Q Ruth Eckerd Hall Dr N� SAN Pv� SAN GABRIEL SPN CARLOS ST � > � � SAN ¢ JOSE ST � � � SAN PEDRO ST � } � ¢ � p w BERNADINO �w � ST � p � ¢ � � � MATEO ST BORDEAUXLN � � � Q CHAMBLEE LN � U m ,�a��r�� ,.m ��`��.Y°n °�pf�°°n�, ,.,,.,�..a'. �...,. 9 °°�a°�°� �� BAY LN � ,� °� � '�°°�mm�Featherwood Y MacDonald � m a . �� e�'s G oo'P LOCAT►ON MAP Owner: Cheveresan, Nick & Octavia Case: Site: 31 13 San Mateo Street Property Size (Acre From : To: �and Use RU RU Zoning R-3 LMDR 71�1 Atlas Page � z � .. � ANX2012-02002 0.166 acres 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Location Map.doc Attachment number 4 \nPage 2 AER►AL PHOTOGRAPH Owner: Cheveresan, Nick & Octavia Site: From : To: 31 13 San Mateo Street �and Use RU RU Zoning R-3 LMDR Case: Property Size (Acres) PIN: Atlas Page ANX2012-02002 0.166 acres 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Aerial Photograph.doc Attachment number 4 \nPage 3 — �, �m a� m �r�y 44 "� �y 6° �° � �n �o �^ ° � M fy ly .� '� �n n�2m m&� 43 42 �mn4ham°mn�� 22 23 24 Z � m � � �� . n�n" ° "� a m°n W m�mm�m �m�"m6 �°�eo7:� 33 � 34 I 35 � 36 37�, 380 39� �m`��m Q 28 29 30 31 32 m, m n m m� I I I N M M ��. � � � nm�m&m &°,�, `�a� I M M M „�j«� � � ' 2O�'J p, � &° mm mm,� � m � � M M �y � & � &� m°° °� ° � �m°� SAN BERNADINO ST � � °� mm � ° m° `°o° C ,� o &�"' m° m� �� SAN BERNADINO ST �°�� a°� �� ^ � w M M 708 m m� °'� Z08OH M M M 6m ,: � mn &� � 32 I 31 30 27 26 25 & � 29 28 n�� m m° n�� mn ¢ n m&° °&� 707 �— mm �m m& � m�6 � °6a �,� � 17 � 18 19 20 21 22 2 24 � � �D N � N „ �°m .:.�.:.:�m��e � � N � � � � �� M M "'f "'f �"f M � `° �� SAN MATEO ST 6°. h�m° n F�q•& �m 6, � � ° � � '�° � �' � m"� �� ° °��& m � `"mGOZ�� ° @'f�° m� � � m m� M °"m�&° � M M BOS m� mn m 2 m m m m �m� m� � tl'P6„�« �m15m °161m° 13 m T,2 m 11 �p g m m �& � m�m�T��°��`& �m%�mma ° e� 1 2 3 ��m6 6n �`m,� 4 5 6 7 8 O � O � � N O �D „�mn n,��,° n, m�° n m� M M " 'Mm m" &°�00 M M M M M M M M am—�n-m— ° m 8 60 � mm n m� � THOMAS RD m � � �m°��m� & � � i m�„' n° °�=°�mm°�°m° ��°&° � 053 1 m I "e��. m°� m � L 3 N nfWm�& mmk&"« K J "� � � � 2 O N �D � n, m,� N � �&m" "&° �° �� M M M M 6� p�j &� m� 6:�° �m ly I 6ma�m mm1�mmmm m, � � W6 m "� n° O j�, �& 6��nm m� ° °� m � � °�° ° °E O m�&�m° & m m° m° °°m m � `� m° � m� o� m°�° �� m�'amm � m°'"a � � =„ 1 � n� & s n� N m� � m� �m & �� m�& m m Z m&° 7�" �� m° m�i a� m 0�31 �°°�' m° "' 6m ��& n n m� mm �° �� W & m° m ° m� 6m m„m & m� J °nm�& ° �m m� 6n 6° � m m m m° m�& G ° m�& m m6' m T 6m m m «� p�j� „��& � mm � m „ �� ►�! m�� n�� m m E ��°��. m��& m m a�� &�.° m`m 6� " �m "2 n �& � C �nmm�m.. m m �m �,.a.� C �m"� � n.. �mm�m� m��✓9�mm 409 an te 35 I 36 I 37 I 38 42 43 44 q5 46 h � b n 7O1 M M �y �"� m SAN MATEO ST 49 I 50 I 51 I 52 � 53 PROPOSED ANNEXAT►ON MAP Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page ��o, 22.20 A c �c> ANX2012-02002 0.166 acres 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Proposed Annexation Map.doc CG �m m �� jaa�m� e�tim m� m m�m m m� m ° m� mn� �� m "� � ��m � �n m�n �� m m �� m� ��6�m � m��&� � � . �„m°„��„n��n� �6�yd�&�� CG � M M^ M � �� m m ; f�� Q � -U � 0 N M M &�6� m G� m m m „°�« C SAN BERNADINO ST � m � N M M ]�$ �'� m m m m 707 � N c�ov m M �vv � � m m m m vi"�� • •�� V V I e,�m� nn��° �� n m ° m `— n °�&m� °*"`4'°° °° ch m m 608 � � �v� �� nSJm° mm �� nm� ��m� M M m�� m — m� � � mm �� °� �il��°u ��n� �&�� O O O � � N O c0 N mm°� �� 6 M M V �m� °�n m m m m m m m m m mA�l�l�iL:�m�l`a%��m� �m°� THOMAS RD n � " �r°�m° &mI m ��a �m°� ° 1 � � � o � � R am� �� N � O nn9ln M ° m�� m m m �m�� m�m m m�8mn m&�mm ° &�� 0 � m mm °&�° �m��}%a�Gr J� � mm m m� m � 6� ��/m Y� ��,my� � mm « m°� m �o�" °��m� m°°�mm � �^� mm,c�im�n �c�v � `��« n. S�Q�i m�`��m � Z =mS'J°°� m°� ° eo"m c, m� m c,� n� n m ��a m m m° & m � m &m� _w, °�°� — m °°° � m ° R �m��&n� n °,�mm m� 6m m�° m�n m�� n mm�mm�m&m�a� ��& m m�50A n m m nm��,.a.� C � � ° ��m R/OS �m °m��s°°� 409 ante FUTURE LA ND USE MA P Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street From : To: �and Use RU RU Zoning R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page M ' M Attachment number 4 \nPage 4 � z � � � o m m m m SAN BERNADINO ST h h � � m m m M � N � ^ h � � 701 m m m m SAN MATEO ST M�L R/OS ANX2012-02002 0.166 acres m �m 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Future Land Use Map.doc � m �n ��e mmm m a�m a�n m� �� &m6� `� n W n °� n m� n �� m m ��a&�° m&� m ° ��&m � n n ' nnn "n � n�� e: n � m " ° m m .. � �^ n. �. .. .. � n i M..m� � � n � &n �� m� � mmm�� m � m ��&m m m� m� m=�m m m�e: � � 6s mn �mn n n°i�°� n& n 6� m n�m � m�� n m��ii.� m,��° m° �n°� n � �� m m m �°a �m° °�� m � m n ��mmmm� " � n�a mm �� m& �m °m p °�mmm m � °� m a �m n ° O m aa m° em m m°n°n°m m ° ��Fll��i �� YY.��m°m° m ° "� Z �� °� `� m °��°&n m J °��°� m°� " � ° m m m__ __ n _m ° e C t - � mn j * M M i �� ^�^ M � �� nn °u ° � � W � ��° ° Q N M M &6�m G� m m m „°�« C JADINO ST � m N M M ]�$ �'� m m m m 7� 7 � N N M M NV m m " " '� m SAN MATEO ST °"�m n �� M lIl � �m�n � n �1` "' °m i n M �� O O O � � N M M � m m m m m m m m m THOMAS RD � � � � �m�� m m 0 m m m m �m �� m �m m �gn m°ml��}G�� J�L� ma m mm m o" n� �m mm� m �.^-� mm�Em n �N =� _�,f''�^° � m°t� ° ao° m m m ro m m n�°� � m m�m �m�� °�� - � � n 6 �� M 6 °��mm°m °m°&�� m� 50A n� m m � m4�' @�� 409 ante ZON►NG MAP Owner: Cheveresan, Nick & Octavia Site: 3113 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size (Acre 71�1 Atlas Page M ' M Attachment number 4 \nPage 5 � z � � � o M M M M SAN BERNADINO ST M �� 701 h M � � � M ,, M SAN MATEO ST M M �iJ/l\ ANX2012-02002 0.166 acres � ^ � M M m �m 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Zoning Map.doc � °m Parking 44 �'�, ; m �m �,^ nmm � �m mm m�m�m m mm°& 6� Lot am&6 �m 43 42 m°„4h«° m m� n°& m 2� m nmm'�&� � � a��° ° me � �°a W ma�nmm n �o :� ��m= � 35 m mt"�6 °� m m 33 34 I � 36 37 38 39 �m`«4Y1�ri ° Q m a� I I � M M...,', . ST a I M M M,. °..�m� � mn� I � °� �& � &°° ; n �" mr� � SAN BERNADINO ST �n `�m � � °�° m°a° m�� ^ �' � M M 708 �"� Z08OH M M M &m � 32 � 31 30 27 26 25 � & � 29 28 m' P m `� m�'� mn m°� �&,� 7�7 ~ ✓ . h° mm�m°,mm� m`m�° ,� I 18 19 Zo 2, In Ze am 1 &m�,� � � �D N � N � n�� .:.�.:.:�.��8 I N N ^ M � �� ly �y M M M M ^� O m�~ A° �� SAN MATEO ST e.. p m� n° �� m� ° °m``'' � � ° ° ° � m m � � ° °' M M � °" ° m CL1& m E °",fi��m° ° a�mm mm °� a m� M°" � m iy m° �y �y 6OS m 3 m mm m�m � �° rsn°m �mi�m m�amm �s m�,z m m�&� ��m�°n 11 10 g m�°fi�&�� °%��mm 6n��`�� 1� ��2 6� � 3� � 4 �� 5 6 6 7 8 O N � � �0 m�� O O O N M M m��°� m°' mm °��6 m &°�400 M M M M M M M M 60 m� � m� � THOMAS RD _ m�an °��°�°� &m� r F m' �a� �` es � �"'n� 053 1 n m� mm ° m I "en �� 3 N afW�m& m°k&�«� K J "� � O � 2 O N �D � n, m,� N � �&m" "&° �° m� � � M M M M mm A'7 &� m� �p �m ly I m ma � m m°t��m em �� 5 m n �mn° O � � m&�m n �'��m° �n6� ° � m e& � mnm mm � O `°&mm & m mm � °n �`„ � mm n°� 0� m m'� ° °�°� m�mm �� m�-° " ��g ar� C�m � ° m �m i � m „ :am m & ° s = � m ° w n �� m 0 m m°°�m &°° � Z ��°!� �� m° m�i m n� m 0�31 n m� ' m°m "' 6n +� � m& m m m&mmm � � � �� ,� ° m ��m n°�m m m°�� l! � � � &�� m re m m° m °& m� J �6�� ° �° °� m° m° �, m °° m� & � ° n�& m m`°� °°�m i=� m� n� �� „��& � mm � e m �� m� 57�1n� n&� m E e��°�� & m m a��„ &6° m� °m mn "�m "�a �m°��.� � � � �em�� .�m° m�9m 409 an te 22 � 23 Attachment number 4 \nPage 6 � 0 24 � 30 31 28 29 � � 32 �°n � 20�9 0 L � � M M M M m SAN BERNADINO ST M � "'� Nf 35 �36 37 3g 3, 42 43 44 q5 46 h b b n %O� fy �"1 fy M m SAN MATEO ST � � � W � M M �y M M 49 50 51 52 53 Del Oro Park aaro i 22.20 A c �c> EX►ST►NG SURROUNDING USES MAP Owner: Cheveresan, Nick & Octavia Case: ANX2012-02002 Site: 3113 San Mateo Street Property 0.166 acres Size (Acresl: From : To: �and Use RU RU Zoning R-3 LMDR 71�1 Atlas Page 09-29-16-20808-000-0140 283A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\San Mateo St 3113 ANX2012-02002 - Cheveresan�lVlaps�ANX`Z'8�L- #� 2 02002 Existing Surrounding Uses Map.doc View looking south at the subject properly, 3113 San Mateo Street East of the subject property View looking westerly along San Mateo Street Attachment number 4 \nPage 7 West of the subject property Across the street, to the north of the subject property View looking easterly along San Mateo Street ANX2012-02002 Cheveresan, Nick & Octavia ltem # 12 3113 San Mateo Street City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve amendments to the Community Development Code providing density and parking incentives for affordable housing developments, and pass Ordinance 8313-12 on first reading. (TA2012-01001) SUMMARY: The City's Evaluation and Appraisal Report, which was released in August 2006, indicated a need to create specific policies in the Clearwater Comprehensive Plan to incentivize affordable housing, specifically calling for density bonuses and parking reductions. In December 2008, the Clearwater City Council approved amendments to the Clearwater Comprehensive Plan that included an objective and policies relating to affordable housing incentives. This proposed amendment to the Community Development Code implements that objective and policies. Proposed Ordinance 8313-12 includes the following amendments: . Clarifies that the densities contained in the Clearwater Comprehensive Plan can be exceeded under the new affordable housing density provisions. . Sets forth the review and approval process for granting the affordable housing density bonus. . Establishes a density bonus and sets forth how it is calculated, differentiating between mixed-income affordable housing developments and other affordable housing developments. . Sets forth standards that apply to all affordable housing developments that are granted the density bonus, including compatibility criteria, design criteria and green building criteria. . Sets forth criteria for a required covenant to maintain affordability, which address both owner-occupied units and rental units. . Sets forth the standards for approval for the affordable housing parking incentive, which allows a reduction in required parking spaces provided the criteria are met. . Clarifies that affordable housing developments receiving the density bonus will be reviewed as a Level Two application. . Sets forth definitions for: affordable housing unit; dwelling, affordable housing bonus density; and dwelling, reserved affordable housing. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on April 17, 2012 and unanimously recommended the amendment for approval. At the City Council meeting on May 3, 2012 this item was tabled for further revision. The desired language describing how to measure the distance from a transit stop has been incorporated in the attached ordinance. Cover Memo Review Approval: Item # 13 Attachment number 1 \nPage 1 CDB Meeting Date: April 17, 2012 Case Number: TA2012-01001 Ordinance Number: Agenda Item: REQUEST: INITIATED BY: 8313-12 F_1 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Amendments to the Community Development Code — Ordinance No. 8313-12 The City of Clearwater Planning & Development Department BACKGROUND: In the early and mid 2000s the Florida housing market experienced a significant boom cycle that increased housing costs. This particularly impacted affordable housing as land costs became too high in communities without an ample supply of vacant land, such as Clearwater. The City's Evaluation and Appraisal Report, which was released in August 2006, indicated a need to create specific policies in the Cleanvater Comprehensive Plan to incentivize affordable housing, specifically calling for density bonuses and parking reductions. In December 2008 the Clearwater City Council approved amendments to the Cleanvater Comprehensive Plan that included an obj ective and policies relating to affordable housing incentives. This proposed amendment to the Community Development Code implements that obj ective and policies. ANALYSIS: Modern development practices have led to housing stratification by income. This is an important issue as certain neighborhoods and communities become burdened by a disproportionate share of lower income households. The proposed ordinance includes amendments that establish density bonuses for projects containing affordable housing and criteria for such bonuses and revises the existing parking reduction incentive for affordable housing developments. The proposed ordinance incentivizes mixed-income affordable housing, which are developments that contain a maximum of 25 percent affordable housing, the remainder being market rate units. Under the proposed ordinance, these mixed-income developments will receive a larger density bonus than affordable housing developments that contain more than 25 percent affordable housing units. Proposed Ordinance No. 8313-12 includes the following amendments: 1. Clarifies that the densities contained in the Cleanvater Comprehensive Plan can be exceeded under the new affordable housing density provisions (see page 2 of the proposed ordinance). Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 1 Attachment number 1 \nPage 2 2. Sets forth the review and approval process for granting the affordable housing density bonus (see page 2 of the proposed ordinance). Approval will be a Level Two approval process, which means granting of the density bonus requires a hearing before the Community Development Board. Prior to submitting an application for development that requests the density bonus the applicant must meet with the Director of the City's Economic Development and Housing Department to ensure the proposal meets the requisite definitions and thresholds. This early communication will benefit both the applicant and the City. 3. Establishes a density bonus and sets forth how it is calculated, differentiating between mixed-income affordable housing developments and other affordable housing developments (see pages 2-4 of proposed ordinance). Mixed-income affordable housing developments will be awarded a 25 percent density bonus if 15 percent of the dwelling units are reserved as affordable and a 50 percent density bonus if up to 25 percent of the dwelling units are affordable. Other affordable housing developments that contain more than 25 percent affordable housing units will be awarded a 20 percent density bonus, provided they meet the criteria of the section. 4. Sets forth standards that apply to all affordable housing developments that are granted the density bonus, including compatibility criteria, design criteria and green building criteria (see pages 4-7 of proposed ordinance). The compatibility criteria ensure developments are not out of character with the surrounding neighborhood. For example, the proportionality and scale of buildings have to be consistent with those in the immediate area. The design criteria ensure a higher aesthetic level is achieved. For example, the number of contiguous townhouse or multiplex units is limited and vertical plane interruptions (e.g., awnings, balconies) every ten feet are required. The green building criteria ensure units remain affordable over time by reducing utility costs. 5. Sets forth criteria for the required covenant to maintain affordability, which address both owner-occupied units and rental units (see pages 7-8 of proposed ordinance). 6. Sets forth the standards for approval for the affordable housing parking incentive, which allows a reduction in required parking spaces provided the criteria are met (see page 8 of proposed ordinance). Required parking may be reduced if the site is located within 1,000 feet of a transit stop and if the affordable housing units are designated for senior citizens or disabled persons. Senior citizens and disabled persons have a decreased need for parking spaces, when compared with households that contain families, which typically have multiple eligible auto drivers. Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 2 Attachment number 1 \nPage 3 7. Clarifies that affordable housing developments receiving the density bonus will be reviewed as a Level Two application (see page 9 of proposed ordinance). 8. Sets forth definitions for: affordable housing unit; dwelling affordable housing bonus density; and dwelling reserved affordable housing (see page 9 of proposed ordinance). CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Obj ectives and Policies which will be furthered by the proposed Code amendments: Objective A.6.9 Decrease energy consumption, use more renewable energy and reduce the impact of the built environment on the natural environment. The green building criteria in the proposed ordinance are designed to decrease energy consumption over the life of the proj ect. Policy C.1.1.5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate households. Providing the density bonus incentive and reduced parking incentive will aid the private sector in making affordable housing developments economically feasible. Obj ective C.1.2 Obj ective for Affordable Housing - The City of Clearwater shall continue to provide assistance and incentives for the development of housing that is affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories. Both the density bonus and parking reduction are incentives that the City is offering to affordable housing developments. Policy C.1.2.5 Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adjusted area median family income for Pinellas County, Florida, as determined by the U.S. Department of Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 3 Attachment number 1 \nPage 4 Housing and Urban Development (HUD). The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual "Maximum Rents by Number of Bedroom Unit" for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non-rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa- St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States. The definition for affordable housing unit in the proposed ordinance is consistent with this policy (see page 9 of the proposed ordinance). Objective C.1.9 The City of Clearwater shall be proactive in incentivizing the construction of affordable housing. Providing the density bonus and reduced parking will incentivize the construction of affordable housing particularly units in mixed-income developments. Policy C.1.9.1 The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. The proposed ordinance implements this policy (see pages 2-4 of the proposed ordinance). Policy C.1.9.2 Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the proj ect design does not detract from the established or emerging character of the immediate vicinity. The proposed ordinance will provide flexibility to off-street parking, if the criteria are met (see page 8 of the proposed ordinance). Policy C.1.9.3 Allow flexibility with regard to off-street parking for proj ects containing affordable housing units located within 1000 feet of a transit stop. The proposed ordinance implements this policy (see page 8 of the proposed ordinance). Obj ective C.1.10 Recognizing that sustainable building techniques contribute to keeping housing units affordable over the long term by reducing energy Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 4 Attachment number 1 \nPage 5 consumption, lowering utility bills and decreasing maintenance costs, the City of Clearwater will promote the use of green housing construction and renovation and rehabilitation techniques. The proposed ordinance contains green building criteria that must be met to receive the density bonus (see pages 6-7 of the proposed ordinance). These criteria reduce energy consumption and ensure that utility costs remain affordable over time. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. (CDC Section 1-103.A). The proposed amendment implements many objectives and policies of the Comprehensive Plan as outlined in the analysis above. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties (CDC Section 1-103.8.2). It is further the purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city (CDC Section 1-103.E.2). The compatibility criteria, design criteria and preference of mixed-income affordable housing developments aims to ensure high quality affordable housing that is located throughout the City and not concentrated in specific neighborhoods. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Cleanvater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8313-12 that amends the Community Development Code. Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 5 Attachment number 1 \nPage 6 Prepared by Planning and Development Department Staff: Catherine Lee, Planner III ATTACHMENT: ❑ Ordinance No. 8313-12 S:IPlanningDepartmentlCommuniryDevelopmentCode12012CodeAmendmentslTA2012-01001 -HousinglStaffReportlTA201 2-01 001 CDB Staff Report.doc Community Development Board — April 17, 2012 �f@CTl �$ � 3 TA2012-01001 —Page 6 Attachment number 2 \nPage 1 ORDINANCE NO. 8313-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY AMENDING SECTION 3-902 TO CLARIFY EXCEPTIONS FOR GRANTING INCREASED DENSITY; BY AMENDING SECTION 3-920, AFFORDABLE HOUSING PARKING REQUIREMENTS, BY RENAMING THE SECTION TO AFFORDABLE HOUSING INCENTIVES, BY ADDING AN AFFORDABLE HOUSING DENSITY BONUS AND PARKING INCENTIVES AND ASSOCIATED QUALIFYING CRITERIA; BY AMENDING SECTION 4-401 TO ESTABLISH AFFORDABLE HOUSING DEVELOPMENTS AS A LEVEL TWO APPROVAL; AND BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY ADDING DEFINITIONS FOR AFFORDABLE HOUSING UNIT, DWELLING, AFFORDABLE HOUSING BONUS DENSITY, AND DWELLING, RESERVED AFFORDABLE HOUSING; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DAT E. WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, it is necessary to amend the Community Development Code to implement affordable housing goals, objectives and policies of the Comprehensive Plan, including Objective C.1.9 and Policies C.1.9.1, C.1.9.2 and C.1.9.3, and WHEREAS, it is a goal of the City to provide quality affordable housing to the citizens of Clearwater, and WHEREAS, the City desires to support the affordable housing incentives that are included in the Economic Development and Housing Department's Local Housing Incentives Strategy, Consolidated Planning Document and SHIP Local Housing Assistance Plan (LHAP), and WHEREAS, the City desires to incentivize the construction of mixed-income affordable housing developments, and WHEREAS, it is necessary to amend the Community Development Code for consistency with the Rules of the Countywide Plan, and WHEREAS, the City desires to amend the Community Development Code to enhance its review procedures for level one and level two approvals in an effort to ensure that projects will be consistently well-designed throughout the city, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. �� 2� 3 Attachment number 2 \nPage 2 Section 1. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-902, Comprehensive plan densities/intensities, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. A. Notwithstanding any provision in Article 2 of this Community Development Code, no application for development approval shall be granted for any development which exceeds the densities and intensities for that development in the comprehensive plan1 except applications for development approvals that include affordable housinq bonus density dwellinq units may be qranted pursuant to standards set forth in Section 3-920. Section 2. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-920, Affordable housing parking requirements, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-920. Affordable housing incentives �°��^ �°��°�°��c. A. Affordable housinq densitv dwellinq units. 1. City review and approval process. a. CitV approval procedures. Such approval shall be considered a Level Two (flexible development) approval in accordance with the provisions of Article 4 Division 4 of the Community Development Code. The use of the densitv bonus as provided within this section shall not be considered a land use plan amendment. b. Pre-application conference repuired. Prior to submittinq an application for development review of a proposal that includes affordable housinq bonus densitv dwellinq units, the applicant shall meet with the City's Economic Development and Housinq Department Director for the purpose of determininq that the proposed development meets the definition of "affordable housinq unit" and to discuss affordable housinq requirements as required by the City's Economic Development and Housinq Department. The required pre-application conference shall occur no more than six (6) months prior to application for development review. The application for development review shall include a letter from the Citv's Economic Development and Housinq Department verifvinq that the development meets the criteria above. 2. Coasta/ Storm Area. No affordable housinq bonus density proiects may be located in the Coastal Storm Area. 3. Densitv bonus. a. Mixed-income affordable housinq developments. Mixed-income affordable housinq developments contain a maximum of twenty- five (25) percent affordable housinq units, the remainder beinq market-rate housinq units. The percentaqe of bonus units awarded is based on the percentaqe of affordable housinq units provided, as shown in the table below: Item # 13 2 Ordinance No. 8313-12 Attachment number 2 \nPage 3 Percentaqe Affordable Bonus Density Housinq Dwellinq Units Awarded Provided 15% 25% 25% 50% For example: An applicant has a 1-acre site with a future land use classification of Residential Medium (RM) (15 units per acre). The applicant proposes that twenty-five (25) percent of the units will be affordable housinq, therefore the densitv bonus awarded to the development will be fifty (50) percent. This example is calculated below: Maximum Base Number of Units 15 Permitted Maximum Number of Units awarded 15 x.50 = 7.5 bv Densitv Bonus Maximum Total Number of Units (11 15 + 7.5 = 22.5 = 22 Minimum Number of Reserved 22.5 x.25 = 5.6=6 Affordable Housinq Units(2) (11 When the determination of the maximum total number of units allowed in the development results in a fractional dwellinq unit, the number shall be rounded down to the nearest whole number; this is the allowable density of the development. (2) The number of reserved affordable housinq units is based on the total number of units to be built on the site, includinq those awarded throuqh the bonus. For the purpose of calculatinq the minimum number of reserved affordable housinq units, when the maximum total number of units calculation results in a fraction, the fiqure shall not be rounded up or down. When the determination of the minimum number of reserved affordable housina units in the development results in a fractional dwellinq unit, any fraction less than one-half unit shall be rounded down to the nearest whole number and any fraction of one-half unit or more shall be rounded up. b. Other affordable housinq developments. Other affordable housinq developments contain more than twenty-five (25) percent affordable housinq units. The percentaqe of bonus units awarded shall be twentv (20) percent. For example: An applicant has a 1-acre site with a future land use classification of Residential Medium (RM) (15 units per acre). The applicant proposes that seventv-five (75) percent of the units will be affordable housinq, therefore a twenty (20) percent bonus densitv is awarded. This example is calculated below: Item # 13 Ordinance No. 8313-12 Attachment number 2 \nPage 4 Maximum Base Number of Units 15 Permitted Maximum Number of Units awarded bv 15 x.20 = 3 Densitv Bonus (1) Maximum Total Number of Units 15 + 3= 18 When the calculation results in a fraction, the number shall be rounded down to the nearest whole number. c. Standards. In addition to the provisions for attached dwellinqs set forth in Article II, the followinq standards shall be met: i.) Compatibility criteria. (a.) The proiect shall be consistent with existinq special area plans, if any. (b.) Proportionality and scale of the proposed development shall be consistent with the communitv character of the immediate vicinitv of the parcel proposed for development. (c.) The overall aesthetics of the proposed development shall be compatible with or an improvement to the communitv character as determined by the Community Development Coordinator. (d.) The scale and coveraqe of the proposed development shall be compatible with adiacent properties. If the overall bulk is larqer than the surroundinq buildinqs, the bulk mav be reduced with the help of desiqn elements such as step backs and setbacks as illustrated below. Existing Surrounding Buildings Proposed Development Existing Surrounding Buildings Prohibited- In this illustration, a big box building without step backs is not compatible with surroundings. Item # 13 4 Ordinance No. 8313-12 Attachment number 2 \nPage 5 Existing Proposed Development Existing Surrounding Buildings Surrounding Buildings Permitted- In this illustration, step backs ensure neighborhood compatibility and reduce bulkiness. ii.) Desiqn criteria. (a.) The reserved affordable housinq dwellinq units shall be mixed with, and not clustered toqether or seqreqated in anv wav from, market-rate units in the development. (b.) Buildinq materials and finishes of the interior and exterior of the affordable housinq dwellinq units shall be consistent with market-rate units in the development. (c.) The architectural features of the buildinqs and each of the affordable housinq dwellinq units shall be equivalent to market-rate buildinqs and units in the development. (d.) All buildinq facades, includinq fenestrations, in a development shall have a unified architectural treatment. (e.) The horizontal plane of a buildinq mav continue uninterrupted for no more than fiftv linear feet (50'). The vertical plane of a buildinq may continue uninterrupted for no more than ten feet (10'). The vertical plane interruptions mav include but are not limited to awninqs, arcades, balconies, niches, prolections, etc. Prohibited Item # 13 Ordinance No. 8313-12 Attachment number 2 \nPage 6 Permitted (f.) There shall be no more than six (6) units in any contiauous arouqina of townhouse or multiqlex units. No more than two (2) abuttinq attached units shall have uniform roof lines or the same setback. Variations in setback of buildinq faces shall be at least three feet (3'). (q.) The minimum size for the affordable housinq dwellinq units shall be 400 sq. ft. for efficiencv units, 550 sq. ft. for one bedroom units and 750 sq. ft. for two bedroom units. An additional 200 sq. ft. shall be provided for each additional bedroom in units with more than two bedrooms. (h.) The number and size of bedrooms for the affordable units shall reflect the same qroqortion as the market-rate units. For example, if a proiect contains 50% one (1) bedroom units and 50% two (2) bedroom units, then the set aside affordable units shall reflect these percentaqes. The bedroom size(s) of the affordable units shall be the same as the bedroom size(sl of the market-rate units. iii.) Green buildinq criteria. The followinq criteria shall be met for all dwellinq units in the development (where this Code conflicts with provisions in the most recent Florida Buildinq Code, the more strinqent requlation shall apply): (a.) At least fiftv (50) percent of required plant materials shall be those which are native to Central Florida, considered Florida-friendly plant materials, requirinq minimal amounts of water, fertilizers and pesticides, and which are recommended in the Plant Guide of the Southwest Florida Water Manaqement District. (b.) Water conservinq plumbinq fixtures with the followinq maximums shall be installed: 1.6 qallons per flush (qpfl toilets, 2.0 qallons per minute (qpm) showerheads and 1.0 qallons per minute (qpm) faucet aerators. (c.) If appliances are provided, they shall be ENERGY STAR labeled appliances if available. Item # 13 Ordinance No. 8313-12 Attachment number 2 \nPage 7 (d.) Compact fluorescent (CFL) bulbs or light emitting diode (LED) bulbs for all ambient (household) liqhtinq shall be installed. (e.) Roofinq requirements: (i.) Roofinq materials shall have a Solar Reflectance Index (SRI) equal to or qreater than 78 for low-sloped roofs (<_2:12) or 29 for steep-sloped roofs (>2.12) for a minimum of seventy-five (75) percent of the roof surface; or (ii.) Veqetated roofs shall cover a minimum of fifty (50) percent of the total proiect roof area. Anv combination of SRI comqliant and veqetated roof may be used, provided they collectively cover seventy-five (75) percent of the total development roof area. 4. Repuired covenants to maintain affordabilitv. a. Owner-occupied units. i.) Covenant. Prior to obtaininq a buildinq permit, the applicant shall deliver to the Communitv Development Coordinator a restrictive covenant, duly executed by the owner of the parcel(s), in a form approved bv the Citv Attornev, that shall address income restrictions, homebuyer or tenant qualifications, lonq-term affordability, and any other applicable restrictions and qualifications pertaininq to the development and the reserved affordable housinq units. The covenant shall be recorded in the Public Records of Pinellas Countv, Florida before it is delivered to the Communitv Develoqment Coordinator. This covenant shall run with the land and shall be bindinq on the assiqns, heirs and successors of the applicant. Reserved affordable housinq units that are provided under this section shall remain as affordable housinq for a minimum of twentv (20) vears from the date of initial owner occupancv for ownership affordable housinq units. ii.) Sale or lease. No lease or sale shall be executed for anv reserved affordable housinq unit that is owner-occupied until the property owner(s) has submitted the required documentation for the household income for the proposed owner or occupant to the Citv's Economic Development and Housinq Department for verification that it meets the applicable affordable housinq requirements. b. Rental units. i.) Covenant. Prior to obtaininq a buildinq permit, the applicant shall deliver to the Community Development Coordinator a restrictive covenant, duly executed by the owner of the parcel(s), in a Item # 13 Ordinance No. 8313-12 Attachment number 2 \nPage 8 form approved by the City Attorney, that shall address income restrictions, homebuyer or tenant qualifications, lonq-term affordabilitv, and anv other applicable restrictions and qualifications pertaininq to the development and the reserved affordable housinq units. The covenant shall be recorded in the Public Records of Pinellas County, Florida before it is delivered to the Community Development Coordinator. This covenant shall run with the land and shall be bindinq on the assiqns, heirs and successors of the applicant. Reserved affordable housinq units that are provided under this section shall remain as affordable housina for a minimum of thirty (30) years from the date of initial occupancy for rental affordable housinq units. ii.) Annual reports. Prior to June 1St of each year, the property owner(s) or authorized property manaqer of any reserved rental affordable housinq dwellinq unit shall submit to the Citv's Economic Development and Housinq Department Director an annual report for the precedinq calendar year, in a format as approved by the City, in order for the City to verifv that the tenants meet the income requirements for the reserved rental affordable housina dwellina units and that other stiqulations in the covenant are beinq met. B. Affordable housinq parkinq incentive. T"�K�inim�mra��eOff-street parking Tp.�'ci"T��.i� .�4 F�r �FF�rrl�hlo �u.�rii��" -'c'rr"rt'+c.�'�rr-�.i�, iTr .� h�i 4ho r`i4�i �F r`lo�r�ei�4or 0 Cn�ri�min no„o�„n,,,or+ �r,� u,,, ,�,r,. non��+,,,or+ may be reduced to one and one half (1.5) parking spaces, or less per unit, �n �n., �nninn ,�,�+r;,.+ �nihoro roci`Jon4i�l ,,�o� �ro „or.,,;++o,� provided the site with affordable housing units is located within 1,000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subiect to the followinq: 1. The parkinq requirement mav be reduced to between one and one half (1.5) and one (1) space per unit if the affordable housinq units are desiqnated for senior citizens or disabled persons. 2. In the case of attached dwellinqs, if parkinq is proposed next to the buildinq, a buffer that includes a four (4) foot sidewalk and a five (5) foot landscaped area shall be provided between the buildinq and parkinq as illustrated below. Sidewalk Item # 13 Ordinance No. 8313-12 Attachment number 2 \nPage 9 Section 3. That Article 4, Development Review and Other Procedures, Division 4, Permitted Uses: Level Two, Section 4-401, Purpose and applicability, of the Community Development Code, be, and the same is hereby amended to read as follows: This division establishes the approval required to commence development of a use in a zoning district which is identified in that district as requiring a Level Two approval and affordable housinq developments pursuant to Section 3-920. Section 4. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, be, and the same is hereby amended to read as follows: ***** Affordable housinq unit means anv residential dwellinq unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adiusted area median familv income for Pinellas Countv, Florida, as determined by the U.S. Department of Housinq and Urban Development (HUD). The rental rates for leased Workforce Affordable Housinq Units, as defined in Charter Section 2.01(d)(5)(i), shall not exceed the rates published by the Florida Housinq Finance Corporation for annual "Maximum Rents bv Number of Bedroom Unit" for the Tampa-St. Petersburq-Clearwater Metropolitan Statistical Area (MSA). For non-rental units, the sales price mav not exceed ninety percent (90%) of the averaqe area price for the Tampa- St. Petersburq-Clearwater MSA, as established bv the annual revenue procedure which provides issuers of qualified mortqaqe bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortqaqe credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide averaqe purchase price for the residences located in the United States. ***** Dwellinq, affordable housinq bonus density means the additional dwellinq unit(s) that is/are permitted on a site as an incentive for the construction of affordable housinq pursuant to this code. ***** Dwellinq, reserved affordable housinq means the dwellinq unit(s) required to be reserved as affordable housinq in a development as a result of approved affordable housinq bonus density dwellinq units. *********** Item # 13 9 Ordinance No. 8313-12 Attachment number 2 \nPage 1i Section 5. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 6. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: George N. Cretekos Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 13 10 Ordinance No. 8313-12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve the Memorandum of Understanding between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in facility staff and hours of operation while providing for savings of approximately $50,100 in the form ofrevenue to the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: Since July 6, 2010, the City has contracted with CareATC to operate an onsite medical clinic for City employees, retirees, and their dependents covered under the City's medical insurance. Upon opening the Employee Health Center, the City anticipated there could be future opportunities for partnering with other entities in the use and operation of the clinic, which might help to defray some of the City's costs. Recently, the City was approached by representatives from the City of Dunedin requesting to enter into an arrangement with the City of Clearwater that would allow Dunedin's employees, retirees, and dependents under their medical plan to utilize Clearwater's Employee Health Center. With the size of the Dunedin employee population at just over 300, they determined that opening a clinic of their own would not be practical and that a partnership with Clearwater could be beneficial to both parties. Representatives from both organizations subsequently prepared a Memorandum of Understanding providing for Dunedin's use of Clearwater's facility. Under this MOU, the City of Dunedin will be billed directly for services such as CareATC administration fees, Personal Health Assessments, prescription medications, labs and radiology. Dunedin will be invoiced by Clearwater and share in the cost for items such as medical staff costs, general medical and office supplies, and the rent, utilities, and maintenance services for the facility. The items for which the parties will share the cost will be pro-rated based on the respective percentage that each agency's number of employees comprises of the total number of employees combined between the two agencies. In accordance with such, Dunedin's percentage of the cost of the shared items will be no less than 17%. At the end of each year, the parties will review Dunedin's participant utilization rate and will adjust Dunedin's shared cost proportionally if their utilization is found to exceed 17% of the total participant utilization. In addition, Dunedin will remit to Clearwater a monthly fee of $3.00 per eligible employee in consideration for their use of the clinic and the administrative oversight that will continue to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater for a percentage of the clinic initial start-up costs. The MOU further specifies that Dunedin will not enter into any agreement with CareATC that will materially affect Clearwater's operations, liability or costs associated with the Employee Health Center, and that Clearwater will retain the final decision making authority on all matters involving the facility, clinic staffing, operations, services, and expenditures or costs. The MOU will result in Clearwater funding some of the shared items at a higher budgeted amount, but these costs will be more than offset by the reimbursements received from Dunedin for the shared items overall. If Dunedin's usage is proportional to Clearwater's, it is estimated that the Dunedin reimbursements for the shared items and the per member per month participant fee will produce approximately $50,100 net annual savings in the form of revenue for the City of Clearwater, while allowing for the e�pansion of the facility's operating hours and an increase in facility staffing. The MOU was approved by the Dunedin City Council at the meeting held on May 3, 2012. The anticipated implementation date for Dunedin's utilization of the facility is July 1, 2012. The partnership will result in the need for an amendment to Clearwater's clinic budget in the amount of approximately $31,000 for the current fiscal year to be funded from the Central Insurance Fund. However, the anticipated Dunedin reimbursements for the three month period are e�pected to offset that amount and produce approximately $10,000 net savings to the City of Clearwater. City of Ciearwater Empioyee Heaith Center Proposed Addition of Dunedin Fiscai 2013 Estimated Fiscal 2013 Estimate Estimated Incrementai Revenues from Dunedin: Shared costs - $899,480 @ 17°/o $ 152,912 Cover Memo IE�ii�:�iC! PMPM Fee Incremental City Revenues Estimated Incrementai City Expenditures: Incremental staffing Incremental other (office supplies, medical supplies) Incremental City Expenditures Estimated Net Surplus to City for Fiscal 2013 Appropriation Code 09835 Review Approval: Amount 11,592 105,000 9,400 $ 164,504 114,400 50,104 Appropriation Comment Cover Memo ��11�:�� Attachment number 1 \nPage 1 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE CITY OF DUNEDIN REGARDING THE CLEARWATER EMPLOYEE HEALTH CENTER THIS MEMORANDUM OF AGREEMENT, made and entered into this day of , 2012, by and between the CITY OF CLEARWATER, a political subdivision of the State of Florida, hereinafter referred to as "CLEARWATER," and the CITY OF DUNEDIN, a political subdivision of the State of Florida, hereinafter referred to as "DUNEDIN." WHEREAS, the City of Clearwater and the City of Dunedin have determined to provide certain medical services for participants in their respective group medical plans; and WHEREAS, the City of Clearwater and the City of Dunedin wish to enter into an Agreement to allow for the use of the City of Clearwater Employee Health Center, administered by CareATC, by employees, retirees, and their dependents under the City of Dunedin medical plan; and WHEREAS, the City of Clearwater and the City of Dunedin wish to share in the cost of certain provisions of such medical services and to contract with and pay separately to CareATC for certain other provisions of such medical services; NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties agree as follows: 1. City of Clearwater agrees to allow for the use in accordance with this Agreement of all facilities and services available through the City of Clearwater Employee Health Center by eligible employees of City of Dunedin, and by eligible retirees and medical plan dependents, as determined by City of Dunedin. 2. City of Dunedin agrees to reimburse City of Clearwater for seventeen percent of the costs of non- consumable items related to the start-up of the Employee Health Center by City of Clearwater as identified in Exhibit C which is attached hereto and incorporated herein, payable to City of Clearwater with the first monthly reimbursement following the effective date of this Agreement. 3. City of Dunedin agrees to reimburse City of Clearwater for seventeen percent of the ongoing costs of items identified in Exhibit A, which is attached hereto and incorporated herein. The City of Dunedin further agrees to reimburse the City of Clearwater for seventeen percent of the cost for the purchase and ongoing maintenance of any future equipment or facility related items that will be utilized by City of Dunedin participants. 4. City of Clearwater and City of Dunedin agree to review monthly utilization reports provided by CareATC to City of Dunedin and City of Clearwater pursuant to the respective entities' Agreements with CareATC to determine the overall percentage of usage by each entity on an annual basis beginning one year from the effective date of this Agreement If the review of such utilization reports confirms City of Dunedin's participant utilization exceeds seventeen percent of the total participant utilization for the annual period, then City of Dunedin shall be required to reimburse City of Clearwater for City of Dunedin's respective share of the costs of those items identified in Exhibit A in the amount exceeding seventeen percent for the following twelve-month period. In any event, City of Dunedin's share of the cost of such items identified in Exhibit A shall not be less than seventeen percent of the total cost of the items in accordance with Paragraph 3 above. Item # 14 Page 1 of 7 Attachment number 1 \nPage 2 5. Utilization for the purpose of determining the shared amount of the cost of the items identified in Exhibit A shall be determined by dividing the number of confirmed appointments attended by each entity's respective participants in ratio to the total number of confirmed appointments attended by participants of both entities combined. The parties agree to meet and review the distribution of future costs on an annual basis, or more frequently if needed. Examples Total Appointments Available 100 Total Unattended Appointments 18 Total used by Dunedin 12 Total used by Clearwater 70 Total Appointments Available 100 Total Unattended Appointments 10 Total used by Dunedin 20 Total used by Clearwater 70 12/82 = 17% share of cost 70/82 = 83% share of cost 20/90 = 22% share of cost 70/90 = 78% share of cost 6. City of Dunedin agrees to pay City of Clearwater a fee of $3.00 per eligible employee per month in consideration of clinic usage and administrative oversight provided by City of Clearwater. City of Dunedin shall provide City of Clearwater with a total employee count each month and City of Clearwater shall include the amount of the monthly fee in the total reimbursement due City of Clearwater prior to invoicing City of Dunedin for the cost of the shared items as outlined above. City of Dunedin shall remit such reimbursements within thirty (30) days of receipt of City of Clearwater's invoice for such costs. 7. City of Dunedin agrees it will not enter into any agreement with CareATC that conflicts with this Agreement or with any Agreement between the City of Clearwater and CareATC, or that materially affects the City of Clearwater's operations, liability, or costs with respect to the Employee Health Center. In the event that any provision in an agreement between the City of Dunedin and CareATC conflicts with this Agreement or with any Agreement between the City of Clearwater and CareATC, or that materially affects the City of Clearwater's operations, liability, or costs with respect to the Employee Health Center, the provisions of this Agreement or of any Agreement between the City of Clearwater and CareATC shall prevail. 8. City of Clearwater will advise City of Dunedin at least thirty (30) days in advance of any anticipated decisions regarding matters involving purchases or other operational or facility changes that may impact the costs of clinic operations and/or the level of service. City of Dunedin shall be afforded the opportunity to provide input on such matters. However, City of Clearwater shall retain final decision making authority on all matters involving the facility, clinic staffing operations, services, and expenditures or costs. 9. CareATC, Inc., an Oklahoma corporation which is a signatory party to a separate Agreement with City of Clearwater, dated May 14, 2010 and as may be amended from time to time, acknowledges and approves this Memorandum of Agreement between City of Clearwater and City of Dunedin pertaining to the City of Clearwater Employee Health Center. Item # 14 Page 2 of 7 Attachment number 1 \nPage 3 10. Clearwater as an entity of government is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this agreement for each and every fiscal year following the fiscal year in which this agreement shall remain in effect. Upon notice as described above that sufficient funds are not available in the subsequent fiscal years, Clearwater shall therefore be released of all terms and other conditions. 11. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. Such indemnification shall include reasonable attorney's fees and costs for all proceedings at the trial and appellate level. This provision does not constitute a waiver of any party's sovereign immunity under Section 768.28, F.S. or extend any party's liability beyond the limits established in Section 768.28, F. S 12. None of the provisions of this Agreement or its addenda is intended nor shall be deemed to create any relationship between the parties hereto other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither of the parties hereto nor any of their respective agents and employees shall be contrived to be the agent representative or joint venture of the other. This Agreement is between Clearwater and Dunedin and does not create any third party rights for any other party. 13. This Agreement has been executed and delivered in the State of Florida and shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Any legal action or proceeding relating to this Agreement shall be instituted in a state court in Pinellas County, Florida, or a federal court in Hillsborough County, Florida, and each party hereby submits to the personal jurisdiction of such courts and waives any defense related to venue or forum non conveniens. 14. This Agreement may not be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by both parties. 15. All covenants, agreements, promises and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto. 16. This Agreement shall commence as of the effective date and shall continue for a term of one (1) year, after which the Agreement shall be renewed automatically for subsequent one (1) year periods unless terminated upon providing ninety (90) days prior written notice to the other party. Either party shall have the right to terminate this Agreement for any reason after providing such notice. Item # 14 Page 3 of 7 Attachment number 1 \nPage 4 IN WITNESS WHEREOF, the City of Clearwater and the City of Dunedin have executed this Memorandum of Agreement with an effective date of , 2012, by the undersigned: Signed: CITY OF DUNEDIN, FLORIDA David Eggers Mayor Approved as to form: Thomas Trask City Attorney Countersigned: George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Acknowledged: By: Robert DiSpirito City Manager Attest: Denise Schlegel City Clerk CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk CAREATC By: Ron Woods Chief Operating Officer Page 4 of 7 I[�ii�:�iC! Attachment number 1 \nPage 5 EXHIBIT A The cost of the following items will be pro-rated to each entity in accordance with the terms of the Memorandum of Agreement: Medical staff costs General medical supplies Mail and shipping Medical waste removal services Internet, telephone, and cable services Custodial services Facility and equipment maintenance Utilities — Water, sewer, electric, and trash removal Building rent and associated building costs Item # 14 Page 5 of 7 Attachment number 1 \nPage 6 EXHIBIT B The cost of the following items for their respective participant populations will be borne by each entity in accordance with the individual contractual agreement between the entity and CareATC: Administration fees Personal Health Assessments Lab Fees Radiology Fees Flu Vaccinations Pharmaceutical Drugs and other medications dispensed by CareATC Item # 14 Page 6 of 7 Attachment number 1 \nPage 7 EXHIBIT C The cost of the following items will be pro-rated to each entity as follows in accordance with the terms of the Memorandum of Agreement: Item Buildout cost for materials and labor Furnishings Computer hardwear/softwear/installation Telephone equipment/installation Total: Full Cost $6509 $3942 $5045 $1110 $16,606 Page 7 of 7 Clearwater Cost Dunedin Cost $5,403 $3,272 $4,187 $921 $13,783 $1,106 $670 $858 $189 $2,823 I[�ii�:�iC! City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve the Lease Modification Agreement between the City and Powell Professional Center, LLLP, for the space designated as Suite 240, located in the commercial building known as the Powell Professional Center at 401 Corbett Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost not-to-exceed $125,000 for the three year period beginning July 1, 2013 and ending June 30, 2016. (consent) SUMMARY: On July 1, 2010, the City entered into a lease agreement with Powell Professional Center for a space to be used by the City as an onsite medical clinic for city employees, retirees, and their dependents covered under the City's medical insurance. The lease provides for the rental of a suite containing 2,677 rentable square feet. The term of the initial lease was three years, commencing July 1, 2010 and ending on June 30, 2013. The operator of the City Employee Health Center CareATC has requested the existing clinic space be modified to accommodate the work needs of current staff and to provide for the ability to take on additional staf£ The City's Building and Maintenance division has provided an estimate of $19,120 for the work needed to complete the requested renovation of the space. Powell Professional Center has agreed to provide an allowance of $19,120 toward the rental of the facility in return for an agreement by the City to extend the lease an additional three years. The current lease agreement provides the option for the City to cancel the lease by providing two months written notice at any time after the first full lease year, without penalty, if the reason is the closing of the medical clinic or moving of the medical clinic into a city-owned property. This lease modification agreement would revise that provision to require that the City reimburse Powell Professional Center in the amount of $19,120 if the City moves its clinic from the current site to a City owned facility during the extension period of the lease. The current lease agreement provides for a rental rate of $3,786.71 per month, with an escalation of 3°/o per year. This lease modification would also retain the 3°/o rate escalation provision. Funding is currently budgeted through the Central Insurance Fund. The total cost for the three-year period, minus the allowance for the renovation, will be $125,550. However, the cost will be reduced by 17°/o if the Memorandum of Understanding providing for a partnership with the City of Dunedin is approved. Appropriation Code 09835 Review Approval: Amount Appropriation Comment Cover Memo ��II�:�N� Attachment number 1 \nPage 1 LEASE MODIFICATION AGREEMENT THIS AGREEMENT constitutes a Lease Modification Agreement to that certain Lease Agreement dated May 19, 2010, between Powell Professional Center, LLLP, a Florida Corporation, (Landlord), and City of Clearwater, (Tenant). WHEREAS, Landlord leased unto Tenant certain Demised Premises located at 401 Corbett Street, Suite 240, Clearwater, FL 33756 consisting of approximately 2,677 rentable square feet. The term of the lease shall be extended by three (3) years, commencing July 1, 2013, and ending June 30, 2016. Escalations in the Base Rent Schedule as described in Article II shall increase by 3% annually on the anniversary date of the original lease commencing on July 1, 2013 and each year thereafter. Landlord agrees to provide an allowance up to $19,120.00 for approved modifications to suite as specified in plans and documents provided by the City of Clearwater. Section 14.09 (d) shall be deleted as a provision of this lease and be replaced by the following: "In the event that the Tenant relocates to a City owned building or facility, Tenant, shall have the option to cancel this Lease at any time after the first full lease year of this renewal, without penalty, by providing Landlord three months written notice prior to the effective date of cancellation. Such cancellation must result solely from the relocation to a City owned building or facility and for no other reason. If the City chooses to relocate to a City owned facility during this extension period, the City of Clearwater agrees to reimburse Powell Professional Center, LLLP, the total amount of the allowance provided." ALL OTHER TERMS AND CONDITIONS in the Lease Agreement shall remain in full force and effect. WITNESSES: George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney "LANDLORD" Powell Professional Center, LLLP By: Phillip J. Powell General Partner "TENANT" City of Clearwater By: William B. Horne, II City Manager Attest: Rosemarie Call City Clerk I[�'ii�:�iN7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount of $150,000 for the purchase of front-load containers, for period May 18, 2012 through May 17, 2013, as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) SUMMARY: The City of Clearwater's Solid Waste Department collects waste from commercial customers in front-loads containers. Although repairs are preformed on the front-load containers, sometimes replacement is necessary. This contract is for the purchase of front-load container replacements. During the late spring of 2011, the Purchasing Department advertised a request for bids for the services described above (Bid 24-11). Equipco Manufacturing, Inc. (Equipco) was awarded the contract. During the past year, Equipco has provided quality containers and has met department expectations. Equipco has presented the city with a letter stating that they would hold their pricing at the current level for the next twelve-month period (May 18, 2012 through May 17, 2013). This will be the first renewal of an annual contract with the same terms and conditions of the original contract. Funding for this contract is available in capital project 315-96444, Commercial Container Acquisition. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-315-96444-550400-534-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: No $150,000 to Amount 150,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: No 24-11 Other Cover Memo IE�ii�:�il� ��9t'1� � 1, �d�� aV1{� �f}�%�:i'S �ity af �le�r�.�,�ater Solid '��aste l�eparti�ent C'learwater, �'lor�da Dear 1�r. Pa��rers. Attachment number 1 \nPage 1 i�`his lefter ��Ti11 serve as natiiic�.t�c�n ihat �qtzipco u�iil cailii�r,te to ��Q1d its current pr�cira� �l1at was �ff�r�d �3id # 24-11 i� t11e ��t;� of Glea�°wat�r far atY additic�t�al y�at. 1�ou m�� av�id tl�e bicl paocess and issLle a��ty pttrch�se orde� far t11� it�ms h�py-oved i�po�1 th� a�o�r� rcfere�iced bid. �11 ot�zer condatia�s ��-�ll remair� the sarrl�. 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Attachment number 2 \nPage 1 Item 0 ra � � o c0 a'� i�} o N N � � � � � Cr3 � Llf �-° lt.Y � F° C/) 0 � � i.l.i � � � � � LL� N Q %* � � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve a pre-event contract to AshBritt, Inc of Deerfield Beach, Florida to provide disaster recovery services during the contract period June 1, 2012 through May 30, 2015, per the City of Clearwater RFP 25-11, and authorize the appropriate officials to execute same. (consent) SUMMARY: This contingency contract ensures that in the event of a natural or manmade disaster, the City of Clearwater will have a contractor with the experience, equipment, manpower, resources, permits and licenses to perform all disaster related debris removal, remediation and disposal services. In addition, it allows the City of Clearwater to remain eligible to receive federal grant funding for disaster response and recovery activities in accordance with FEMA regulation 325. Specifically, the FEMA Public Assistance program provides assistance for debris removal, implementation of emergency protective measures, and permanent restoration of eligible facilities and infrastructure. The City of Clearwater will have the option to extend the term of this contract for two additional one-year periods upon written notice delivered at least sixty days prior to the expiration of the term or any extended term. Funding for contract expenditures would be paid from project 181-99927, Emergency Operations. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0181-99927-530300-529-000- 0000 Bid Required?: Other Bid / Contract: 0 N/A 2012 to 2015 Yes Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None �1 RFP 25-11 None Cover Memo Review Approval: Item # 17 Attachment number 1 \nPage 1 P�e-Event Cont�act fo� Disaste� Recove�y Se�vices THIS PRE-EVENT CONTRACT FOR DISASTER RECOVERY SERVICES ("Contract") is entered into and effective as of this day of , 2012 ("Effective Date"), by and between AshBritt, Inc., a Florida corporation, whose address is 565 E. Hillsboro Boulevard, Deerfield Beach, Florida 33441 (hereinafter referred to as "Contractor") and City of Clearwater, Florida, a municipal corporation, whose address is 112 South Osceola Ave, Clearwater, Florida 33756 (hereinafter referred to as "City"). RECITALS WHEREAS, it is foreseen that it is in the public interest to provide for the expedient removal and disposal of storm and other disaster related debris within the corporate limits of the City and to provide disaster recovery technical assistance to the appointed and elected officials of the City resulting from a future natural or manmade disaster; and WHEREAS, the City has in the past suffered the full force and effect of major storms and the resulting destruction brought upon the City by such storms or manmade events; and WHEREAS, the public health and safety of all the City's citizens will be at serious risk in the event of a storm or other disaster; and WHEREAS, the immediate clean-up and economic recovery of the City and its citizens is a major concern and the primary priority for recovery; and WHEREAS, the availability of experienced prime disaster response contractors may be severely limited in the event of a storm or other disaster; and WHEREAS, Contractor has the experience, equipment, manpower, resources, permits and licenses to perform all storm or disaster related debris removal, remediation and disposal services; and recovery services; and WHEREAS, the City and the Contractor have agreed to the scope of services, pricing schedule, terms, conditions and technical specifications as fully set out in this Contract; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration for the mutual covenants and agreements hereinafter set forth, Contractor and City agree as follows: 1 Item # 17 Attachment number 1 \nPage 2 1.0 SERVICES 1.1 Scope of Contracted Services: The recitals above are true and correct and are incorporated herein by reference. The Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible storm generated or other disaster related debris (hereinafter referred to as `Debris "), including hazardous and industrial waste materials, and within the time specified in Section 3.3 of this Contract, Emergency Debris push, Debris removal and disposal, demolition of structures and hazard mitigation actions shall be limited to: 1) That which is necessary and determined to eliminate immediate threats to life, public health, and safety; 2) That which has been determined to eliminate immediate threats of significant additional damage to improved public or private property; and 3) That which is considered essential to ensure the economic recovery of the affected areas of the City to the benefit of the City at large. Contractor shall provide for the cost-effective and efficient removal and lawful disposal of Debris accumulated on all public properties, streets, roads, other rights-of- way, and any other locally owned facility or site as may be directed by the City. Contracted services will only be performed after the delivery to the Contractor of an Approved Work Authorization and a Notice-to-Proceed by the City. The Contractor shall load and haul the Debris from within the legal boundaries of the City to a site(s) specified by the City as set out in Section 4.8 of this Contract. 1.2 Emergency Push / Road Clearance: The Contractor shall accomplish the cutting tossing stacking and/or pushing of Debris from the primary transportation routes including hazardous hanging limbs and/or hazardous leaning trees as identified by and directed by the City or the Government's applicable representatives (the "Monitoring Team"). This operational aspect of the scope of contracted services shall be for the first 70 hours (plus or minus) after a disaster event and issuance of the City's Notice-to-Proceed, unless extended by the City in accordance with FEMA Regulation 325. Once this Debris push task is accomplished, the additional tasks as detailed in this agreement will begin as requested by the City. 1.3 Right-of-Way (ROW) Removal: The Contractor shall mechanically remove, load and/or haul all Debris from the local ROW when directed to do so by the City. The Debris shall be delivered to a City designated Temporary Debris Storage and Reduction Site (TDSRS) for processing. The Contractor shall use reasonable care to prevent damage to City or private property not already damaged by the disaster event in the process of ROW Debris removal. The Contractor, its agents, employees, servants, and subcontractors shall only be liable for any damage caused by its negligence or intentional wrongdoing. 2 Item # 17 Attachment number 1 \nPage 3 1.4 Right-of-Entry (ROE) Removal (if�implemented): The Contractor will remove ROE Debris from private property with due diligence, as directed by the City or the Monitoring Team. The Contractor agrees to make reasonable efforts to save from destruction items that the property owners wish to save, (i.e., trees, small buildings, etc.) The Contractor will exercise reasonable care when working around public utilities (i.e., gas, water, electric, sewer, etc.). Every effort will be made by the City to mark these utilities. Contractor does not warrant that utility damages will not occur as a result of conducting the services provided under this Contract and shall be liable only for those damages caused by it or its agents, employees, servants, and/or subcontractors negligence or intentional wrongdoing. 1.5 Demolition of Structures (if�implemented): The Contractor will demolish any unsafe structures designated for removal only at the direction of the City or the Monitoring Team. The Contractor agrees to demolish and remove in a timely manner all unsafe structures as determined and directed by the City as set out in Section 1.1 of this Contact 1.6 Private Property Waivers: The City will secure all necessary permissions, waivers and right-of-entry agreements from property owners for the removal of Debris and/or demolition of structures from private residential and/or commercial properties, if deemed necessary in the City's sole discretion as set out in Sections 1.4 and 1.5 above. 1.7 Management of Temporary Debris Storage and Reduction Site (TDSRS): The Contractor shall operate and manage all TDSRS as the City may require and authorize. In doing so, the Contractor will perform all of the following actions and services: A. Prepare a layout plan for each TDSRS; B. Provide the City with a pre-use condition report of the TDSRS, to include soil test, photos and other evidence of prior use and conditions; C. Provide site security, traffic control, fire safety, tower construction and any environmental safe guard requirements in compliance with applicable law; D. Process all Debris as directed by the City, to include grinding incineration, and/or compaction with as much separation as may be practical; E. Separate white goods for specialized disposal as directed by the City; and F. Restore any TDSRS to as near pre-storm conditions as possible using the pre-use condition report as a basis. 3 Item # 17 Attachment number 1 \nPage 4 1.8 Disaster Recovery Technical Assistance: The Contractor will provide, upon request of the City, Disaster Recovery Technical Assistance to elected and appointed officials within the City. This service shall include reasonable support guidance on all aspects of the recovery process. Emphasis will be on Debris management and disaster grants. The Contractor will provide compliance and documentation support through the use of experienced specialists. These specialists will be supervised by a senior Contractor team member with the goal of assisting the City to receive the maximum reimbursement available from external sources. 1.9 Other Disaster Services: The City may require, request and direct the Contractor to supply and/or perform other/additional services not set out in Section 1.0 of this Contract, provided reasonably related to the disaster recovery and remediation. The scope of these additional tasks, and the compensation to be paid therefore, including reasonable Contractor profit, as agreed by the parties, shall be conveyed in writing to the Contractor and any such writing shall become an amendment to this Contract upon approval and execution by the parties. 1.9.1 Additional Support Services: The Contractor can/will provide Additional Support Services as requested by the City. The Contractor maintains an inventory of professional storm and disaster recovery service providers, which include but are not limited to: emergency power and generators, potable water, emergency ice, feeding facilities, disaster worker support (housing, laundry, and security), waterway clearing, preservation of historical sites, vessel recovery, hazardous waste remediation, and bio-terrorism remediation. In the event the City requests the Contractor to provide Additional Support Services, the Contractor will deliver immediately a price or cost for each service requested for consideration and negotiation The multiple variables attending such services (i.e., timing distance, units required, duration of service, etc.), makes the listing or pricing of each such Additional Support Services as an attachment to this Contract impractical. Contractor will provide such services at the lowest possible unit, hourly or lump sum price possible with a reasonable profit to Contractor. The provision of any such Additional Support Services shall be set forth in writing and signed by the parties, and shall become an amendment to this Contract. 4 Item # 17 Attachment number 1 \nPage 5 2.0 PERFORMANCE OF SERVICES 2.1 Description of Service: The Contractor agrees to perform the contracted services described in Section 1.0 in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations and permits. Services, equipment and workmanship not conforming to this Contract and all applicable laws may be rejected. Replacement, repair and/or rework, as may be required, will be accomplished at no additional cost to the City. 2.2 Cost of Services: The Contractor shall bear the costs of performing all contracted services hereunder, as directed by the City, including but not limited to that which is set out in Section 1.0. Such costs include applicable permits and license fees as well as all maintenance costs required to maintain its vehicles and other operating equipment in a condition adequate to accomplish the contracted services as set out in this Contract. 2.3 Matters Related to Performance: 2.3.1 Subcontractor(s): The Contractor may utilize the service of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent the Contractor is responsible for the acts and omissions of its employees, agents and servants. The Contractor shall ensure that all its subcontracts have and carry the same major provisions as this Contract and that the work of its subcontractors is subject to said provisions. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the City. The Contractor shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the City. 2.3.2 Indemnification: The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including reasonable attorney's fees) arising out of any negligent or intentional act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract and the contracted services required hereunder. Contractor shall not be liable to indemnify the City from any claim arising out of the City's breach of this Contract or negligent or intentional act or omission. If any claim or demand is made against the City for any matter indemnified herein, City shall give notice thereof to the Contractor within seven (7) days, and Contractor shall assume the defense of such claim through counsel reasonably acceptable to the City. As separate consideration for this indemnification, defense and hold harmless obligation provided by Contractor hereunder, the parties 5 Item # 17 Attachment number 1 \nPage 6 acknowledge and agree that the first one hundred dollars ($100.00) of the Contract sum to be paid to Contractor is paid as separate consideration for these indemnification obligations of Contractor. Nothing herein, however, shall be construed as the City's waiver of any immunity from or limitation of liability it may be entitled to under the doctrine of sovereign immunity or section 768.28 Florida Statues. 2.3.3 Insurance(s): The Contractor agrees to keep the insurance specified below in full force and effect during the term of this Contract. Except for workers' compensation, the Contractor must also name the City as an additional insured while working within the boundaries of, or on behalf of the City. Coverage shall be obtained with a carrier(s) having an AM Best rating of A-VII or better. 2.3.4 Worker's Compensation: This coverage is required if the Contractor employs individuals on either a full or part-time basis to perform the contracted services. ♦ Worker's Compensation - Statutory State Requirements ♦ Employer's Liability -$100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. ♦ Coverage should include Voluntary Compensation and U.S. Longshoremen's and Harbor Workers' Act coverage where applicable. ♦ Coverage must be applicable to employees, contractors, and subcontractors, if any. 2.3.5 Automobile Liability: Bodily Injury $1,000,000 each person $1,000,000 each accident Property Damage $1,000,000 each accident 2.3.6 Comprehensive General Liability: Bodily Injury $1,000,000 each person $2,000,000 aggregate Property Damage $1,000,000 each accident $2,000,000 aggregate 2.3.7 Insurance Cancellation / Renewal: The Contractor will notify the City at least thirty (30) days in advance of cancellation, non-renewal or adverse change to the required insurance. New certificates of insurance are to be provided to the City at least ten (10) days following coverage renewals or changes. 6 Item # 17 Attachment number 1 \nPage 7 3.0 STANDARDS OF PERFORMANCE 3.1 Contractor Representative: The Contractor shall have a knowledgeable and responsible Manager/Supervisor report to the City's designated Contract Representative within twenty-four (24) hours following delivery of a Notice-to-Proceed by the City. The Contractor's Manger/Supervisor shall have the authority to implement all actions and commitments required to begin the performance of contracted services as set out in this Contract and the Contractor's General Operations Plan. 3.2 Mobilization: When the written Notice to Proceed has been received by the Contractor and/or the on-site Contractor Manager/Supervisor, he/she will make all necessary arrangements to mobilize sufficient resources to begin work within forty-eight (48) hours. The balance of the maximum required resources will be mobilized as needed to support the most efficient workforce augmentation as possible. 3.3 Time to Complete: The Contractor shall complete all directed work as set out in Section 1.0 of this Contract within 180 working days from delivery of the Notice to Proceed and in accordance with Section 5.8 of this Contract, unless extended by the City. 3.4 Completion of Work: The Contractor shall be responsible for removal of all Debris up to the point where remaining Debris can only be described as storm litter and additional collection can only be accomplished by the use of hand labor. 3.5 Extensions : In as much as this is a"time is of the essence" based Contract, the commencement of contracted services will be as set out in Section 3.2. If the completion of this Contract is delayed by actions of the City or force majeure events, then the time to complete specified in Section 3.3 shall be extended for such time as caused by the delay to allow the Contractor to complete the performance of the Contract. This Contract may also be extended by mutual consent of both the City and the Contractor for reasons of additional time, additional services and/or additional areas of work Force majeure events shall include, but not be limited to, Acts of God, strikes, labor shortages, or other events beyond the reasonable control of Contractor or City. 3.6 Term of Contract: The term of the Contract shall be for three (3) consecutive years beginning on the Effective Date, with the City having the option to extend the term of this Contract for two (2) additional one-year periods upon written notice delivered at least sixty (60) days prior to the expiration of the term or any extended term. � Item # 17 Attachment number 1 \nPage 8 3.7 Contract Renewal: This Contract may be renewed for additional one year terms after a written acceptance of both parties on any negotiated changes to the terms and specifications contained in this Contract. Section 7.0 and Exhibit-B (AshBritt Hourly/Service Rate Schedule) of this Contract may be reviewed on an annual basis, at which time amended unit costs and rates may be submitted by the Contractor to the City to reflect the current disaster recovery market value of all contracted services in this Contract. Such amendments shall become part of this Contract after both parties sign any such written amendment(s). 3.8 Contract Termination: This Contract shall terminate upon 180 days written notice from either party and delivered to the other party as set out in Section 8.1 of this Contract. 4.0 GENERAL RESPONSIBILITIES 4.1 Other Agreements: The City may be required to enter into agreements with federal and/or state agencies for disaster relief. The Contractor shall be bound by the terms and conditions of such agreements. A copy of any such agreements or instructions shall be delivered to the Contractor, in writing, within seven (7) days of execution. 4.2 City Obligations: The City shall furnish all information and documents necessary for the commencement of contracted services, to include a valid written Notice to Proceed delivered to Contractor. A representative will be designated by the City (City Representative) to be the primary point of contact for inspecting the work and answering any on site questions prior to and after activation of this Contract via a written Notice to Proceed. The City Representative shall have full authority to act on behalf of the City on all matters required under this Contract. The City is responsible for issuing all Public Service Announcements (PSA) to advise citizens and agencies of the available storm Debris services. The Contractor may assist the City with the development of Debris-based PSA(s), if requested. 4.3 Conduct of Work: The Contractor shall be responsible for planning and conducting all operations in a manner that is satisfactory to the City's discretion.. The Contractor shall exhibit respect for the citizens and their individual private properties. All operations shall be conducted under the review of the City Representative. The Contractor shall have and require strict compliance with all legal requirements and accepted ethical practices. g Item # 17 Attachment number 1 \nPage 9 4.4 Supervision: The Contractor will supervise and/or direct all contracted services. The Contractor is solely responsible for the means, methods, techniques, safety program and procedures utilized to perform the contracted services. The Contractor will employ and maintain on the work site a qualified Manager/Supervisor who shall have full authority to act on behalf of the Contractor on all communications given by the City, as further provided in Section 3.1. 4.5 Damages: The Contractor shall be responsible for conducting operations in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. Contractor shall be responsible for any damages owing to the negligence or intentional wrongdoing of its employees and subcontractors as set out in Sections 1.2 through 1.5 of this Contract. 4.6 Other Contractor(s): The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work City shall not, however, contract with any other contractor or subcontractor for the contracted services or Additional Support Services provided herein, unless the Contractor consents in writing. 4.7 Ownership of Debris : All Debris shall become the property of the Contractor for removal and lawful disposal. The Debris will consist of, but not be limited to vegetative, construction and demolition, white goods and household solid waste. 4.8 Disposal of Debris: Unless otherwise directed by the City, the Contractor shall be responsible for determining and executing the method and manner for lawful disposal of all eligible Debris, including regulated hazardous waste. The location of the TDSRS(s) and final disposal site(s) shall be determined by the City. Other additional sites may be utilized as directed and/or approved by the City. 5.0 GENERAL TERMS and CONDITIONS 5.1 Geographic Assignment: The geographic boundary for work by the Contractor hereunder shall be as directed by the City and will be limited to properties located within the City's legal boundaries. 5.2 Multiple, Scheduled Passes: The Contractor shall make no fewer than two scheduled and/or unscheduled passes of each area impacted by the storm or disaster event. The City shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent 9 Item # 17 Attachment number 1 \nPage 1i passes to accommodate reasonable recovery and additional Debris placement at the ROW by the citizens and the City. Upon agreement between the City and the Contractor the number of passes may be increased based on mutual agreement regarding the amount of additional Debris brought to the ROW. 5.3 Operation of Equipment: The Contractor shall operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local laws, rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street or ROW using buckets and/or boom and grapple devices to collect and load Debris. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by the City. Should operation of equipment be required outside of the public ROW, the City will provide a Right- of-Entry Agreement, as set out in Section 1.6 of this Contract. 5.4 Certification of Load Carrying Capacity: The Contractor shall submit to the City a certified report indicating the type of vehicle, make and model, license plate number, assigned Debris hauling number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul Debris. The measured volume of each piece of equipment shall be calculated from the actual physical measurement performed by the City or Monitoring Team and Contractor Representative(s). A standard measurement form certifying actual physical measurements of each piece of hauling equipment shall be an attachment to the certified report(s) submitted to the City by the Contractor. 5.5 Vehicle Information: The maximum load capacity of each hauling vehicle will be rounded to the nearest whole cubic yard (CY). (Decimal values of .1 through .4 will be rounded down and decimal values of .5 through .9 will be rounded up.) The measured maximum load capacity (as adjusted) of any vehicle load bed will be the same as shown on the trailer measurement form and placarded on each numbered vehicle or piece of equipment used to haul Debris. All vehicles or equipment used for hauling will have and use a Contractor approved tailgate and sideboards will be limited to those that protect the load area of the trailer. 5.6 Security of Debris During Hauling: The Contractor shall be responsible for the security of Debris on/in each vehicle or piece of equipment used to haul Debris. Prior to leaving the loading site(s), the Contractor shall ensure that each load is secure and trimmed so that the Debris does not extend horizontally beyond the bed of the hauler. All loose Debris shall be reasonably compacted and secured during transport. 10 Item # 17 Attachment number 1 \nPage 1 5.7 Traffic Control: The Contractor shall mitigate the impact on local traffic conditions to all extents possible. The Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual of Uniform Traffic Control Devices and applicable law. The Contractor shall provide sufficient signing flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all Debris removal, reduction and/or disposal site(s). 5.8 Monitoring of Debris Operations The Government may require that the City conduct a Debris monitoring program. The Contractor will assist the monitoring team, if this activity is by force account or contracted. The Contractor will cooperate and coordinate with the Debris monitoring team in all aspects of the team activity. If the City elects to conduct the Debris monitoring by force account, the Contractor will conduct detailed Debris monitoring training at the request of the City. Debris eligibility determinations, by the monitoring team, shall be made at the point of vehicle loading. Determinations of the vehicle percentage full, by the monitoring team, shall be made at the entrance to the TDSRS. Logistical support and reports to the City on Debris monitoring activities are the responsibility of the team manager or monitoring contractor. 5.9 Work Days/Hours: The Contractor may conduct Debris loading and hauling operations from sunup to sundown, seven days per week Any mechanical, Debris reduction operations at the TDSRS may be conducted twenty-four hours per day, seven days per week, only with the City's consent. The work week is from the start of operations on Sunday am, thru the end of operations on Saturday pm. Adjustments to work days and/or work hours shall be as directed by the City following consultation with and notification to the Contractor. 5.10 Hazardous and Industrial Wastes: The Contractor shall set aside and reasonably protect all hazardous or industrial materials encountered during Debris removal operations for collection and disposal in accordance with applicable local, state and federal guidelines governing the transportation and disposal of said hazardous or industrial materials. The Contractor will provide, operate and maintain a Hazardous Waste and Industrial Material Storage and Containment area until proper disposal of such waste is feasible. The Contractor may use the services of a subcontractor specializing in the management and disposal of such materials and waste, if the Contractor is directed to conduct such operations by the City. 5.11 Stumps: All hazardous/eligible stumps identified by the City will be extracted, loaded, transported, stored, reduced and disposed in accordance with the standards of this Contract. Stump voids will be filled with clean fill material native to the geographical area. All stumps that are removed and the stump voids that are filled 11 Item # 17 Attachment number 1 \nPage 1; will be documented, and invoiced by the contractor for payment in accordance with the rates contained on Exhibit B(Ashbritt Hourly/Service Rate Schedule). 5.12 Utilizing Local Resources: The Contractor shall, to the extent practicable, give priority to utilizing resources within the City. This local preferences priority will include, but not be limited to, Debris hauling procurement of services, supplies and equipment, and awarding other recovery service subcontracts and employment to the local work force. 5.13 Work Safety: The Contractor shall provide and enforce a safe work environment, in compliance with applicable federal, state and local law, in all activities under this Contract. The Contractor will provide such safety equipment, training and supervision as may be required by the City and/or Government. The Contractor shall ensure that its subcontracts contain a similar safety provision. 5.14 Inspection and Testing: All Debris shall be subject to adequate inspection by the City or any public authority in accordance with generally accepted standards to ensure compliance with the Contract and applicable federal, state and local laws. The City will, at all times, have access to all work sites and disposal areas. In addition, authorized representatives and agents of the Government shall be permitted to inspect all work activities, equipment, materials, invoices plus other relevant records and documentation of the City and Contractor. 5.15 Other Agencies: The term "Government" as used in this Contract refers to those governmental agencies federal, state or local, which may have a regulatory or funding interest in this Contract and the contracted services provided hereunder. 6.0 REPORTS CERTIFICATIONS and DOCUMENTATION 6.1 Accountable Debris Load Forms: The City shall accept the serialized copy of the Contractor's Debris reporting ticket(s) as the certified, original source documents to account for the measurement and accumulation of the volume of Debris delivered and processed at the TDSRS. The serialized ticketing system will also be used in the event of additional Debris handling for volume reduction and/or the possible requirement for a Debris transfer station(s). These tickets will also be utilized for Debris haul out for final disposal. These tickets will be the basis of any electronic generated billing and/or report(s). 6.2 Reports: The Contractor shall submit periodic, written reports to the City as requested or required, detailing the progress of Debris removal, processing and disposal. These reports may include, but not are limited to: 12 Item # 17 Attachment number 1 \nPage 1; 6.2.1 Daily Reports: The daily reports will detail the location where passes for Debris removal were conducted, the quantity of Debris (by type) removed or disposed, the total number of crews engaged in Debris management operations, the crew assignments by zone, the number of burners, grinders, chippers and mulching machines in operation, and their daily production. The Contractor will also report damages to private property caused by the Debris operation or damage claims made by citizens and such other information as may be required to completely describe the daily conduct of the Contractor's operations. This report will reflect close of business at 6 pm for the prior twenty four (24) hours. 6.2.2 Weekly Summaries: A weekly summary of all information contained in the daily reports as set out in Section 6.2.1 will be provided to the City. The Contractor will provide this report within two business days after the end of the week. The Contractor will provide both reports in written and electronic format if requested. 6.2.3 Report(s) Delivery: The scheduled time and point of delivery for the Debris and other recovery operations reports will be directed by the City in consultation with the Contractor. 6.2.4 Final Project Closeout Report: Upon final inspection and/or closeout of the proj ect by the City, the Contractor shall prepare and submit a detailed description of all Debris management activities to include, but not limited to the total volume, by type of Debris hauled, reduced and/or disposed, plus the total cost of the proj ect invoiced to the City. If requested, the Contractor will provide additional information to adequately document the conduct of the Debris management operations for the City and/or Government, to include electronic spread sheets. 6.3 Additional Supporting Documentation: The Contractor shall submit reports and/or other documentation on Debris loading, hauling, disposal and load capacity measurements as may be required by the City and/or Government to support requests for Debris project reimbursement from external funding sources. 6.4 Report Maintenance: Contractor may be subject to audit by federal, state and local agencies pursuant to this Contract. The Contractor will maintain all reports, records, and Debris reporting tickets and contract correspondence for a period of not less than three (3) years after final project closeout. These maintained reports may include electronic scanned copies of the daily load tickets and tower determination of percent full. 13 Item # 17 Attachment number 1 \nPage 1� 6.5 Contract File Maintenance: The Contractor will maintain this Contract and the invoices that are generated for the contracted services for a period of not less than five (5) years. 7.0 UNIT PRICES and PAYMENTS 7.1 Unit Price for Emergency Push / Road Clearance: The Contractor will invoice the City and be paid for this contracted service in accordance with the rates as set out in Exhibit-B (Ashbritt Hourly/Service Rate Schedule). 7.2 Unit Price for Debris: The unit price per cubic yard or ton includes all costs for mobilization, loading, transportation, storage, reduction, disposal, overall proj ect management and de- mobilization as may be directed by the City. All eligible contracted Debris shall be invoiced in accordance with the rates set out in Exhibit A(Compensation Based on Multiple Tasking) or Exhibit B(Ashbritt Hourly/Service Rate Schedule). 7.3 Unit Prices for Stumps: The City will determine the necessity and eligibility for ALL stump removal. The unit price of compensation for stump pulling loading transportation, storage, reduction and/or disposal shall be based on the stump size and corresponding rate as set out in Exhibit A(Compensation Based on Multiple Tasking) or Exhibit B (Ashbritt Hourly/Service Rate Schedule). 7.4 Billing Cycle: The Contractor shall invoice the City on a bi-weekly basis as of the close of business on the last working day of the billing period. Serialized Debris reporting tickets and disposal site verification of the actual cubic yardage for each load of Debris or itemized stumps will support all invoices. 7.5 Payment Responsibility: The City agrees to accept the Contractor's invoice(s) and supporting documentation as set out in Section 6.3 of this Contract and process said invoices for payment within 30 days of receipt of the Contractor's invoice. The City will advise the Contractor within five (5) working days of receiving any invoice that requires additional information for approval to process for payment. The City will make payment of any undisputed amounts within thirty (30) days of receipt of Contractor's invoice, and the balance within thirty (30) days of the requested additional information. 7.6 Ineligible Work: The Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material that may be determined by the City and/or Government as ineligible Debris, or for stumps or other services that have not been requested or approved by City. 14 Item # 17 Attachment number 1 \nPage 1; 7.6.1 Eligibility Inspections: The Contractor and City or the Monitoring Team will inspect each load to verify that the contents are in accordance with the accepted definition of eligible Debris, as set out in Section 1.1 of this Contract. 7.6.2 Eligibility Determinations: If any load is suspected to contain material that does not conform to the definition of eligible Debris, the load will be ordered to be deposited at another landfill, receiving facility or at a special location at the TDSRS. The Contractor will not invoice the City for such load(s) until the issue of eligibility is resolved. 7.7 Unit Price/Service Negotiations: Unknown and/or unforeseen events or conditions may require an adjustment to the pricing provided in Sections 7.1, 7.2 and 7.3 or Exhibit A or Exhibit B hereto. Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiations between the City and the Contractor, and shall be set forth in writing. 7.8 Specialized Services: The Contractor may invoice the City for costs incurred to mobilize and demobilize specialized equipment required to perform services in addition to those specified under Section 1.0 of this Contract. Additional specialized services or equipment will only be performed or provided if/when directed by the City. The rate for specialized mobilization and demobilization shall be fair and reasonable and in accordance with Exhibit B. 7.9 Amended Pricing The pricing of services in this contract reflects the anticipated severity and magnitude of a maj or disaster event. The City may choose to activate the Contractor in response to a disaster event of less magnitude. Upon Contractor activation by Notice-to-Proceed for a lesser event, the Contractor reserves the right to submit to the City an amended and reduced pricing schedule. Any such amended pricing schedule will be submitted within three (3) business days of activation or upon the completion of the Contractor's damage assessment survey, whichever occurs first. The City will indicate acceptance within 24 hours of the delivery of the proposed amended pricing schedule and the logic for such action. Any amendment to the contract pricing for a current activation does not amend the pricing for any future disaster event. 15 Item # 17 Attachment number 1 \nPage 1i 8.0 MISCELLANEOUS 8.1 Notice: Whenever in this Contract it is necessary to give notice or demand by either party to the other, such notice or demand shall be given in writing and forwarded by facsimile, recognized overnight delivery service or certified or registered mail, return receipt requested, and addressed as follows: To Contractor at: John Noble, COO AshBritt, Inc. 565 E. Hillsboro Boulevard Deerfield Beach, FL 33441 Telephone: (954) 545-3535 Eaoaimile: (954) 545-3585 To City at: Earl Gloster Director, Solid Waste/General Services 1701 N. Hercules Ave Clearwater, FL 33765 Telephone: (727-562-4990) Eacaimile: (727-562-4939) Notice by facsimile shall be deemed delivered on the date of transmission provided a receipt evidences same and otherwise on the date of the signed receipt of delivery. 8.2 Litigation: No party may commence litigation against the other party without providing written notice and demand to the other party setting forth the matters in dispute including the amounts in dispute and no party may commence litigation against the other party without first mediating the dispute before a certified mediator in Pinellas County, Florida. In the event, the mediation results in an impasse, the parties may commence litigation. With respect to any litigation, this Contract shall be construed and governed by the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. The sole and exclusive venue for any suit, action or proceeding arising out of, relating to, to interpret or for breach of this Contract, or with respect to the Contract work (a "Related Proceeding") shall be in the courts of Pinellas County, Florida, federal or state. Each of the parties irrevocably consents and submits to the exclusive subject matter and personal jurisdiction of the courts of the State of Florida located in Pinellas County, and of the United States District Court for the Southern District of Florida located therein for the purposes of a Related Proceeding, and irrevocably waives, to the fullest extent it may effectively do so, (i) any obj ection it may have to the laying of venue of any Related Proceeding in the Courts of Pinellas County, Florida, federal or state, and (ii) the defense of any inconvenient forum to the maintenance of any Related Proceeding in such court. 8.3 Entire Contract: This Contract (including any schedules or exhibits attached hereto) constitutes the entire Contract and understanding between the parties with respect to the matters contained herein. This Contract supersedes any prior contracts and/or understandings relating to the subject matter hereof. This Contract may only be modified, amended or extended by a written instrument executed by both parties. 16 Item # 17 Attachment number 1 \nPage 1 8.4 Waiver: In the event one of the parties waives a default by the other, such a waiver shall not be construed or deemed to be a continuing waiver of any subsequent breach or default of the other provisions of this Contract, by either party. 8.5 Severability: If any provision of this Contract is deemed or becomes invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to the extent necessary to conform to applicable laws or regulations. If it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Contract will remain in full force and effect. 8.6 Binding Effect This Contract shall be binding on and inure to the benefit of the heirs, successors and permitted assigns of the parties hereto. 8.7 Headings All sections and headings are used for convenience only and do not affect the construction or interpretation of this Contract. 17 Item # 17 Attachment number 1 \nPage 1� 8.8 Counterparts This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Contract. IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate name by its authorized representative and the City has caused this Contract to be signed in its legal corporate name by persons authorized to execute said Contract as of the Effective Date. AshBritt, Inc. By: John Noble Title: Chief Operating Officer ATTEST: Name — Title Countersigned: George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Clerk 1 g Item # 17 Attachment number 1 \nPage 1! Attachments: Exhibit-A (Compensation Based on Multiple Tasking) Exhibit-B (AshBrittHourly/Service Rate Schedule) Attachment A FEE SCHEDULE — PART A: UNIT PRICES Item/Description Unit Unit Price 1.0 Loading and Hauling Debris from Public Property Cubic Yard $ 7.50 and Rights-of-Way to a Temporary Debris Staging and Reduction Site (Note: Rate far haul distances of 0— 30 miles of less one-way) 2.0 Loading and Hauling Debris from Public Property and Rights-of-Way to a Final Disposal Site (Note: Rate far haul distances of 0— 60 miles or less one-way) 3.0 4.0 5.0 6.0 Management and Operation of a Temporary Debris Staging and Reduction Site Debris Reduction by Chipping/Grinding Freon Management and Recycling Animal Carcass Collection, Hauling and Final Disposal Cubic Yard $ 12.50 Cubic Yard $ 2.00 Cubic Yard $ 1.95 Per Unit $ 85.00 Pound $ 4.25 7.0 Loading and Hauling Debris Reduction Cubic Yard $ 4.75 By-pI'OCIUCtS t0 a Flrial �1SpOSa1 SltO (Note: Rate far haul distances of 20 miles or less; For distances greater than 20 miles add $0.21 per by/miles.) 8.0 Loading and Hauling Household Hazardous Pound $ 50.00 Waste to a Final Disposal Site 9.0 Hazardous Stump Removal, Loading and Hauling to a Temporary Debris Staging and Reduction Site A. 24 inch to 35.99 inch diameter B. 36 inch to 47.99 inch diameter C. 48 inch and larger diameter 10.0 11.0 Clean, Fill Dirt Sand Screening Each $165.00 Each $275.00 Each $375.00 Cubic Yard $ 15.00 Cubic Yard $ 9.25 19 Item # 17 Attachment number 1 \nPage 2i Attachment B FEE SCHEDULE - PART B: EQUIPMENT AND LABOR RATES Item/Description Hourly Price 1.0 JD 544 Wheel Loader with debris grapple $120.00 2.0 JD 644 Wheel Loader with debris grapple $140.00 3.0 Extendaboom Forklift with debris grapple $115.00 4.0 753 Bobcat Skid Steer Loader with debris grapple $ 80.00 5.0 753 Bobcat Skid Steer Loader with bucket $ 80.00 6.0 753 Bobcat Skid Steer Loader with street sweeper $ 80.00 7.0 30-50 H Farm Tractor with box blade or rake $ 65.00 8.0 2- 2'/z cu. yd. Articulated Loader with bucket $130.00 9.0 3-4 cu. yd. Articulated Loader with bucket $150.00 10.0 7D 648E Log Skidder, or equivalent $125.00 11.0 CAT D4 Dozer $105.00 12.0 CAT DS Dozer $115.00 13.0 CAT D6 Dozer $150.00 14.0 CAT D7 Dozer $175.00 15.0 CAT D8 Dozer $215.00 16.0 CAT 125 - 140 HP Motor Grader $130.00 17.0 JD 690 Trackhoe with debris grapple $145.00 18.0 7D 690 Trackhoe with bucket & thumb $145.00 19.0 Rubber Tired Excavator with debris grapple $135.00 20.0 JD 310 Rubber Tired Backhoe with bucket & hoe $ 95.00 21.0 Rubber Tired Excavator with debris grapple $135.00 22.0 210 Prentiss Knuckleboom with debris grapple $150.00 23.0 CAT 623 Self-Loader Scraper $195.00 24.0 Hand-Fed Debris Chipper $ 55.00 25.0 300 - 400 HP Horizontal Grinder $425.00 26.0 800 - 1,000 HP Horizontal Grinder $525.00 27.0 30 Ton Crane $245.00 28.0 50 Ton Crane $325.00 29.0 100 Ton Crane (8 hour minimum) $425.00 30.0 40 - 60'Bucket Truck $150.00 31.0 Greater Than 60' Bucket Truck $175.00 32.0 Fuel/Service Truck $ 85.00 33.0 Water Truck $ 91.00 34.0 Portable Light Plant $ 45.00 35.0 Lowboy Trailer with Tractor $130.00 36.0 Flatbed Truck $ 85.00 37.0 Pick-up Truck (unmanned) $ 14.50 38.0 Self-Loading Dump Truck with debris grapple $167.00 39.0 Single Axle Dump Truck, 5- 12 cu. yd. $ 75.00 40.0 Tandem Axle Dump Truck, 16 - 20 cu. yd. $ 80.00 41.0 Tandem Axle Dump Truck, 21 - 30 cu. yd. $ 95.00 42.0 Tandem Axle Dump Truck, 31 - 50 cu. yd. $100.00 20 Item # 17 43.0 44.0 45.0 46.0 47.0 48.0 49.0 50.0 51.0 52.0 53.0 54.0 Tandem Axle Dump Truck, 51 — 80 cu. yd. Power Screen Stacking Conveyor Chainsaw Air Curtain Incinerator, self-contained Temporary Office Trailer Mobile Command and Communications Trailer Laborer, with small hand tools, and Traffic Control Flagperson Skilled Sawman Crew Foreman with cell phone Operations Manager with cell phone Tree Climber Attachment number 1 \nPage 2 $120.00 $200.00 $ 95.00 $ 10.00 $ 55.00 $ 21.50 $125.00 $ 32.50 $ 45.00 $ 65.00 $100.00 $ 85.00 *Note: All equipment descriptions submitted will be in accordance with the FEMA "Typed Resource Definitions". **Note: All equipment rates include the cost of the operator, fuel, and maintenance. ***Note: All labor rates include the cost of personal protective equipment, including but not limited to: hardhat, traffic safety vest, steel-toed shoes, gloves, leggings and protective eyewear. - COPYRIGHT WARNING - FEDERAL LAW PROVIDES FOR SEVERE CIVIL AND CRIMINAL PENALTIES FOR THE UNAUTHORIZED REPRODUCTION AND DISTRIBUTION OF COPYRIGHTED DOCUMENTS AND PRODUCTS. THIS DOCUMENT IS LICENSED TO ASHBRITT, INC. FOR PROPOSAL AND CONTRACTING PURPOSES ONLY. ANY COPYING, DISTRIBUTION OR USE BY OTHERS IS STRICTLY PROHIBITED. ALL OTHER RIGHTS RESERVED. 21 Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $287,500 for hauling yard waste from the city's solid waste facility to the contractor's facility, for period May 20, 2012 through May 19, 2013, as provided in the city's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) SUMMARY: The City of Clearwater's Solid Waste Department collects yard waste from commercial and residential customers. This yard waste is transported by city vehicles to the city's state-permitted yard waste transfer facility located at 1701 North Hercules Avenue and it is subsequently loaded in the contractor's tractor/trailer for hauling. Once at the contractor's facility, it is shredded for composting. The specifications for the yard waste hauling bid included a description of yard waste (loose or bagged grass clippings, loose or bagged leaves, tree trimmings, logs, stumps, other vegetative material, and small amounts of rocks and soil), trailer requirements and availability, hauler duties, and billing requirements. It was estimated that 10,000 tons will be hauled annually, and the only price to be charged for this service will be a per ton price. During the spring of 2011, the Purchasing Department advertised a request for bids for the services described above (Bid 20- 11). Sage Eco Solutions, Ina (Sage) was awarded a contract for the time period of May 20, 2011 through May 19, 2012. During this past year, Sage has provided excellent service to our Solid Waste Department. Sage has presented the city with a letter stating that they would hold their pricing at the current level for the next twelve-month period (May 20, 2012 through May 19, 2013). This will be the first renewal of an annual contract with the same terms and conditions of the original contract. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-424-02082-543500-534- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: � $287,500.00 to Amount $287,500.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None 20-11 First Renewal None Cover Memo �[ia'ii�:�iE:3 `'�`t�1 �� ' � � �� 3- r � ..- � ', � y � �,� �: s?ti`:�`' t "�, E�C7 SQLt171�4d5 T�1�dalic: �Zetrr[ion€ fo�t� :Sotu!iflns fa�r r� Srest�nirtahlc •� �; � - ;, 1 � • . . _ . • , �, . . ♦ � � . . r # . ^�y � r�dY��t $,e I�ott�llPYJ�achment number 1\nPage 1 �I`�'S1E�ED1$ 9'.C). I3<�� 134(t River-rsr.,v, Flortalrr 335ssls t7hcnte: 4 Z 3-,3 S2-;i itf=) frxa�. S13-Gi2-T521 I:raangi: sage.tcoc�?gannif.corta ,a` • ! •; !^' • ' '� # �' � � . _ �,; ! '..s � . ' �..:..M� �� '# � ' � t ' •r.��. 'r�'� � .� �� •## ' ' ! !♦ 1 • �' 4 's !' „ r - ' 14 •' . 1 ! # + ! ' � � / i a . � � � , i A: � � �� • � ��. �//► , ,, .. �_ .. . - W � U °o � � a � W � Q ai � � � M I-- � � � � � � � � ti � O o? w � w M � U Q U a � Q V � � � � a o J J � � yU.. O F¢- � WJ u' F- � � � � O � � O � � � W N W � � U Q � � U p C,Wj °o Z H � � ° � O � o W � ,J tIj W W o M Q J I" c� � > Z � � O uoi, O � r�a � U U i � � � W � U O � � � � � a � J � � {¢- N � � o � Q O � O M J � � � � � u.1 � � U � d e� a- J o W ca Q ~ O w � z � � o `- ch o N � � Z � . � � � U o M � � � � O W � d O � r° � Q � � � q�y � o � 0 6> Cn W � o � O � W j W � cv W � U � � � � � � p � N W � Z Attachment number 2 \nPage 1! 0 � r � o � � � � � o N � � C7 � � m � � � � W d c� E O � t%1 Q�b US Ry � � � LL1 � � � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of Clearwater, Florida, in the amount of $244,432.60, for engineering design and permitting services, for Smallwood Circle Drainage Improvements Project (11-0057-EN); additional funding in the amount of $50,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: October 20, 2011, City Council approved a cooperative funding agreement with Southwest Florida Water Management District (SWFWMD) for Stormwater Improvements — Flood Protection- Smallwood Circle Project (N359). The Project was identif'ied in the 2001 District funded Stevenson Creek Watershed Management Plan and SWFWMD will fund 50°/a of the design work order. The system is located between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north. The Proj ect consists of removal and replacement of approximately 3,000 linear feet of pipe, which is near the end of its lifecycle and conveys the runoff from approximately 100 acres. This project will reduce the flooding potential for the project area and provide water quality benefits by the installation of a baffle box to collect pollutants in the stormwater runoff. A midyear budget amendment will transfer $50,000 of Stormwater Revenue from Capital Improvement Program project 0315-96169, Stevenson Creek, to 0315-96178, Smallwood Circle, to fund the work order and other necessary expenses with total funding in the project in the amount of $300,000. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96178-561200-539-000- 0000 Review Approval: $244,432.60 $244,432.60 2011 to 2012 Amount $244,432.60 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary Yes $244,432.60 Cover Memo I[�'ii�:�iE'7 CUMBEY & FAIR, INC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: Apri125, 2012 1. PROJECT TITLE: Attachment number 1 \nPage 1 Project Number: City Project Number: 11-0057-EN Smallwood Circle Drainage Improvements 2. SCOPE OF SERVICES: On November 7, 2011, the City entered into a Cooperative Funding Agreement with �e Southwest Florida Water Management District. This project is to perform the Implementation of Best Management Practices (BMPs) element of the District's Watershed Management Program (WMP) within the Stevenson Creek watershed. Implementation of BMPs includes the following tasks: design, development of construction documents, construction permitting, land acquisition, bidding and Contractor selection, construction of the BMPs and construction engineering and inspection. The Project is on an intermediate system and was identified as Hammond Branch Project SD in the 2001 District funded Stevenson Creek Watershed Management Plan. The Project will remove 100-year flood risk from two homes on Edgewood by reducing the 100-year flood elevation as determined by the "Stevenson Creek Watershed Management Plan" prepared by Parsons Corp. for SWFWMD (Final Report dated October, 2001). Also reduce the risk of house foundation failures due to the deteriorating metal pipes between Smallwood Circle and Elmwood Street by grouting the failing pipe. The system drains a 0.23 square mile area located between Highland Avenue to the west, generally Drew Street (SR 590) to the south (includes 30 acres south of Drew), Hobart Avenue to the east and Walnut Street to the north. The Project consists of removal and replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet of undersized pipe at the downstream end, including the replacement of the existing 12-inch storm drain on Elmwood. The replacement of the entire system will provide an opportunity for the District and the City to implement BMPs within this drainage area. Proposed improvements include implementation of BMPs, possibly, at the connection of 1 Item # 19 Attachment number 1 \nPage 2 the Florida Department of Transportation (SR 590) system to the City system and at two City-owned properties as depicted on the attached Exhibit "B". The requested funds will be used toward design, permitting and construction services necessary to complete the improvements within the City. I - PRE-DESIGN PHASE Task 11- Meetings Conduct a pre-application meeting with SWFWMD to determine permitting effort, fees, forms, etc. This task will include an additional meeting with City staff. Conduct a SWFWMD meeting to review all project (funding) requirements to fulfill the intent of the Agreement and one Pre-Application meeting. Meetings are to be attended by the Principal and Proj ect Manager. Meetings with the City include Project Kick-off, 30% Plans Review, 60% Plans Review, and 90% Plans Review Task 1.2- Pre-Design Field Reviews Conduct pre-design field reviews to understand the existing conditions to conceptualize the proj ect needs and limitations. Task 1.3 - Data Compilation The City of Clearwater will provide Cumbey & Fair the following items: ➢ Topographic mapping of the surrounding area (AutoCadd format) ➢ Utility Atlas (Water, Sewer, Storm, Gas) ➢ Parsons Stevenson Creek 2001 ICPR model and basin maps ➢ City of Clearwater Sanitary Sewer plans ➢ Geotechnical Reports Cumbey and Fair will also obtain a"Utility Design Ticket" to identify potential Utility Owners along the alignment. We will review and evaluate the collected data and mail the design survey to potential Utility Owners. II - DESIGN PHASE Task 21 - Design Survey Prepare a topographic survey of the areas highlighted in orange shown on the attached exhibit. The topographic survey will be utilized for the design of the storm sewer replacement. The survey will be performed in compliance with Chapter 61G17-6, Florida Administrative Code. The survey services will include the following: 2 Item # 19 Attachment number 1 \nPage 3 ➢ Establish horizontal and vertical control for the project. ➢ Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 State Plane Coordinates West Zone (horizontal). The unit of measurement shall be the United States Foot. ➢ Locate all visible improvements within the right of way and within 10 feet outside of the apparent right of way. ➢ Locate storm and sanitary sewer systems. Data to include: top/rim elevations, invert elevations, pipe sizes and pipe types if possible. This will include the existing system shown in yellow on the attached exhibit. ➢ Locate all trees larger than 4" (dbh) within the survey limits. ➢ Landscaping and landscaping features wi11 show outside limits only ➢ Provide elevations based on a minimum 50 foot grid in critical areas. ➢ Private irrigation systems / appurtenances will not be located. ➢ Only visible evidence and designation of City owned facilities as designated by City staff of subsurface utilities will be located. ➢ Only visible evidence of franchise subsurface utilities (markers, pedestals, pull boxes, etc.) will be located, except where indicated under Task 3.2. ➢ Sanitary sewer services, water services (other than meters) and gas services will not be located or investigated, except as indicated under Task 3.3. Task 2.2 - Geotechnical (See Attached Proposal) Universal Engineering Sciences proposed to advance Standard Penetration Test (SPT) borings to a depth of 12 feet below present grade and pavement cores, as described in the Geotechnical proposal. The SPT borings and pa�ement cores will be located along the proposed stormwater pipe alignment. SPTs wi11 be performed continuously to the bottom of the borings. Sp1it spoon samples wi11 be collected at each SPT interval. Task 2.3 — Arborist (See Attached Proposal) Task 2.4 — Environmental Area at Park Site (See Attached Proposal) Task 2.5 — Storm Drain Model Modify the existing ICPR model of the current and proposed storm drain systems to provide justification of the system improvements (pipe size) and documentation that the proposed improvements convey the drainage to provide the results set forth in the Cooperative Funding Agreement. It is understood that SWFWMD partially funded the existing model provided by the City; however, Cumbey & Fair is responsible for the model to be used with this work effort. The current model wi11 be updated to incorporate the Palmetto Street drainage improvements. I[�'ii�:�iE'7 Attachment number 1 \nPage 4 Task 2.6 — Preliminary Cost Estimate Prepare a preliminary opinion of probable construction cost and duration based on the preliminary proposed alignment. III - FINAL DESIGN PHASE Task 31- 30 Percent Plans Prepare and discuss with the City 30 percent plans showing proposed alignment. The design plans shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and City of Clearwater standards for the design portion. Requirements for the 30 % submittal shall include the following: a. Cover Sheet, b. Legend and Abbreviations per City standards, c. Key Sheet, d. Demolition Plans, e. Plan and Profile sheets indicating preliminary layout and grading of the proposed storm drains and sanitary sewer improvements, water main replacement and relocation plans, existing drainage, approximate existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, £ Typical sections, g. Review and coordinate with King Engineering the proposed sanitary sewer modifications (gra�ity option) along the proposed storm drain alignment. h. Engineer's preliminary opinion of probable construction cost, based on the 30 % submittal, i. Transmit plans to Utility Owners. Task 3.2 - Utility Locations by Vacuum Excavation Following the acceptance of the proposed alignment, provide subsurface utility investigation (SUE) services at potential conflict areas as determined by the design engineer. This task assumes 34 required test holes (see attached sketch Exhibit "C". The SUE services will include the following: ➢ Stake the potential conflict area in the field to insure that the information gathered is accurate. ➢ Designate the facilities to be excavated to determine the correct location to provide the test hole(s). ➢ Excavate test holes to visually verify the location (horizontal), depth and size of the facility. 4 Item # 19 Attachment number 1 \nPage 5 Tie (survey) the locations of the test holes to provide X Y Z coordinates for the facility and incorporate into the survey drawing. Task 3.3 - 60 Percent Plans Review the City and SWFWMD's comments of the 30% plans. Prepare and discuss with the City 60 percent plans including demolition /abandonment plans, paving and drainage plans, and details. In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best management practices, utilities, and other conditions relevant to the proj ect, b. Typical pavement sections shall indicating typical cross sectional slopes, pa�ement requirements, right-of-way lines, sidewalks, curbs, gutters, c. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, and related notes, d. Erosion control and tree protection details, including best management practices applied to the project, Construction Stormwater Pollution Prevention Plan e. Existing private utilities, as available from the SSOCOF Design Ticket information, such as gas, electrical, telephone, fiber optic, and cable TV, £ Utility relocation/adjustment details indicating utility conflicts, proposed utility structures, and conflict manholes, and design details, if required, g. Estimated construction quantities, h. ENGINEER's updated opinion of probable construction cost and duration based on the 60% design submittal, and i. ENGINEER will review CTTY's standard technical specifications and modify or supplement as necessary for the project. Task 3.4 - 90 Percent Plans The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal sha11 include the following: a. Detailed construction quantities based upon 90% design, b. ENGINEER's updated opinion of probable construction cost and duration based on the 90% design submittal, and c. Technical specifications and Special Provisions. Task 3.5 —100% Construction Documents The 100% submittal shall address the CITY's 90% review comments. Work prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the ENGINEER of Record. I[�'ii�:�iE'7 3. 4. 5. Attachment number 1 \nPage 6 Task 3.6 - Final Construction Documents Prepare and discuss with the City Final plans and specifications. Task 3.7 - Permitting ➢ Prepare, submit, and obtain SWFWMD ERP application. ➢ Prepare, submit, and obtain FDEP General Permit Application for Drinking Water Distribution System, if applicable for location of existing water distribution system. ➢ FDEP Domestic Wastewater Collection System General Permit is not anticipated. ➢ Respond to all RAIs from SWFWMD and FDEP PROJECT GOALS: Provide the City with a design survey, 30%, 60%, 90%, 100%, and Final Design Plans and Specifications. Deliverables to include 10 copies of each design phase, except 100% which will be 2 copies of plans and specifications. Each design phase submittal will include a PDF format of the deliverable. Plans wi11 be prepared using AutoCadd 2008. Provide the City with documentation for each Construction Phase task Meet all Engineer of Record requirements as stated in the Cooperative Funding Agreement with SWFWMD, Agreement No. 12C0000012, executed 11/7/2011. BUDGET: Include a table or an attachment that depicts the total cost per task and/or phase for these engineering services — see Attachment "B". This price includes all labor and expenses anticipated to be incurred by Cumbey & Fair, Inc. for the completion of these tasks, on a lump sum basis, for a fee of two hundred forty- four thousand, four hundred thirty-two dollars and sixty cents ($244,432.60). Permit application fees will be paid by the consultant and invoiced to the City as reimbursable. SCHEDULE: TAS K Notice-to-Proceed 30% Design 60% Design 90% Design Design and Permitting Complete Commence Construction Complete Construction DATE May 17, 2012 July 24, 2012* September 18, 2012* October 16, 2012 March 15, 2013 * * June 30, 2013** June 30, 2014** 6 Item # 19 Attachment number 1 \nPage 7 * Anticipated submittal date based on City progress review comments within 3 weeks from the progress submittal. Deleting the 30% or 60% submittal is suggested to streamline the schedule. ** Cooperative Funding Schedule: Design and Permitting Complete April 1, 2013, Commence Construction June 30, 2013, Complete Construction June 30, 2014. 6. STAFF ASSIGNMENT (Consultant): P. J. Shah, P.E. - Principal Officer Timothy E. Bourne, P.E. — Senior VP/Officer-In-Charge David M. Pelham, P.E. - Project Manager Pat McCormack, PLS — Senior Project Surveyor Mark Quinn, PLS - Sr. Project Surveyor Tim O'Dell, PLS - SUE Manager Kenneth Kokemohr, P.E. - Engineer Donald Couch - Designer/Construction Observer David (Chip) Price — Designer Patrick Beliveau - Construction Observer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to P. J. Shah with a copy to David Pelham. All City project correspondence shall be directed to Melvin Maciolek. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly by lump sum by percent of completion per task Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-96178-561200-539-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: � Item # 19 Attachment number 1 \nPage 8 A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method — Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: • Right-of-Way Survey • Easements • Permit Expediting • Public Hearings • Variances or Special Exceptions • Environmental Consultant Services • Structural engineering services (such as retaining walls, special drainage structures i.e. box culverts, etc.) • Permit Fees to be paid by Cumbey & Fair, Inc. and invoiced to the City as a reimbursable • Legal description and boundary survey of the project alignment PREPARED BY: Pankaj Shah, P.E. President Cumbey & Fair, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date g Item # 19 N � ( * i� � CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT Attachment number 1 \nPage 9 The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. 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 ineasurement shall be the United States Foot. Any deviation from this datum wi11 not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or 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 Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County 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 d�awing file shall include only autho�ized fonts, shapes, line types o� othe� att�ibutes contained in the standa�d AutoDesk, Inc. �elease. All block �efe�ences and �efe�ences contained within the d�awing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony(�c,clearwater-fl.com ➢ All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 9 Item # 19 Attachment number 1 \nPage 1i ATTACHMENT B CITY OF CLEARWATER Smallwood Circle Drainage Improvements Cumbev & Fair, Inc. Task Description Subconsultant Labor Total Services 1 Pre- Desi n Ll Meetin s (6) $5,820.00 Pre-Design Field 1.2 Reviews $11,190.00 1.3 Data Compilation $7,350.00 1.4 Task Allowance (10%) $2,436.00 $26,796.00 2 Desi n Phase 2.1 Ground Surveys $21,792.00 2.2 Geotechnical Services $9,900.00 $1,422.00 2.3 Arborist $2,200.00 $1,422.00 Environmental Area at 2.4 Park Site $2,700.00 $2,166.00 2.5 Storm Drain Model $7,452.00 Preliminary Cost 2.6 Estimate $2,619.00 2.7 Task Allowance (10%) $1,480.00 $3,687.30 $56,840.30 Final Design Plans and 3 S ecifications 3.1 30% Plans Submittal $29,280.00 3.2 SUE $17,814.00 3.3 60% Submittal $31,140.00 90% Submittal (with 3.4 Specs) $25,770.00 100% Submittal (with 3.5 Specs) $18,000.00 Final Construction 3.6 Documents $12,960.00 Permitting (ERP, 3.7 Watermain Relocation) $8,979.00 3.7 Task Allowance (10%) $14,394.30 $158,337.30 Subtotal, Labor and Subcontractors $241,973.60 Permit Review Fees $2,459.00 Grand Total $244,432.60 10 Item # 19 Attachment number 2 \nPage 1 � Clearwater L�— 5 p N Smallwood Circle Draina e Im rovementArea �� Drainage Improvements ��storm P�pe W E Prepared by: P8fC0I BOUIldBfy Item # 1 Engineering Department Geographic Technology Division S 100 S. Myrtle Ave, qearwater, PL 33756 Ph:(727)562-4750,Fax: (727)526-4755 �p Gen By: CD Reviewed By: MM Date: 11/24/2010 Grid #: 279A S-T-R: 11-29-15 Scale: N.T.S. www.Myqearwater.com City Council Agenda Council Chambers - City Hall Meeting Date:S/17/2012 SUBJECT / RECOMMENDATION: Approve a Supplemental Work Order to King Engineering Associates, Ina (Engineer of Record) to provide engineering design and permitting services for the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EI� in the amount of $185,864.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: In August 2010 the City authorized King Engineering Associates, Inc. (King) to provide preliminary engineering, design and permitting for the abandonment of septic systems and installation of a sewer system in the Idlewild/The Mall subdivisions. The City Maintenance Division provided information that demonstrated the storm system was at the end of its life cycle and needed to be replaced. Since the Utility project was going to be constructed the City added replacement of the storm system to the project. The Engineering analysis determined that this project could do more than just remove and replace the existing system. By increasing pipe and channel sizes along with constructing a stormwater attenuation area the flood levels in the neighborhood can be reduced. This Work Order is to provide additional survey, engineering, design and permitting for the improvements of the storm sewer system that were not included in the work order. Sufficient funding is available in Capital Improvement Program project 0315-96169, Stevenson Creek. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96169-561200-539-000- 0000 Review Approval: $185,864.00 $185,864.00 2011 to 2012 Amount $185,864.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See Summary !�C $185,864.00 Cover Memo �[i�'ii�:3�•T1] ENGINEERING ASSO�IATES, IN�. Kin� En�ineerin� Associates, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: Apri125, 2012 1. PROJECT TITLE: Attachment number 1 \nPage 1 Proj ect Number: 2110-202-001 City Proj ect Number: 11-0028-EN Woodlawn Terrace Storm Sewer Replacement & Floodplain Storage Project 2. SCOPE OF SERVICES: In August 2010 the City authorized King Engineering Associates, Inc. (King) to provide preliminary engineering design and permitting for the abandonment of septic systems and installation of a sewer system in the Idlewild/The Mall subdivisions. In June 2011, the City added neighborhood storm sewer replacement and installation to the project. This Work Order is to include design and permitting efforts for additional miscellaneous storm sewer improvements in the Idlewild/The Mall service area and a new floodplain storage and water quality improvement area along Spring Branch as described herein. Design and Permitting of Stormwater Improvements and Floodplain Storage Subsequent to approving previous Work Orders, the City determined that additional storm sewer segments within the Idlewild neighborhood need to be replaced. These additional segments are located on Woodlawn Terrace between Oakdale Way and Douglas Avenue, on Oakdale Way, and on Idlewild Drive. Additionally, the results of the preliminary storm water modeling efforts show that floodplain storage within the basin is necessary in order to compensate for the increased flows to the Woodlawn Terrace pond due to the increased pipe size along Woodlawn Terrace. It is also necessary to expand the conveyance of the channel between the Woodlawn Terrace "pond" and Spring Branch. This Work Order is to provide additional survey, preliminary engineering design and permitting beyond the scope of services described in the original Work Order, for the improvements of the storm sewer system in these two areas. Specific tasks are as follows: Page 1 of 9 Item # 20 Attachment number 1 \nPage 2 Task 1: Proj ect Coordination • Revise the existing Project Management Plan (PMP) to include team members and responsibilities, lines of communication, proj ect delivery schedules and project budgets related to the storm sewer improvements. • Prepare for and attend up to twelve (12) status meetings with the City's stormwater staff during the course of the work. • Maintain and update monthly proj ect schedules and status reports. • Administer a quality assurance program covering the technical work of the proj ect team. Task 2: Surveying Perform additional survey beyond the scope described in the previous Work Orders to include: • Additional topographic survey and cross sections of the channel between the Woodlawn Terrace "pond" and the confluence with Spring Branch; • Additional topographic survey and cross sections near the proposed storage area along Spring Branch to supplement that which was already collected by others in association with the Spring Branch project; and • Survey jurisdictional/wetland and MHW lines along Spring Branch and in the channel between the Woodlawn Terrace "pond" and Spring Branch. • Survey trees and dripline limits within the proj ect area. Task 3: Additional Design King will revise the existing drawings for the Woodlawn Storm Sewer Improvements to include additional storm sewer construction along Idlewild Drive, Oakdale Way, and Woodlawn Terrace. For the purposes of this Work Order, it is assumed that the drawings and specifications for the storm sewer improvements will be incorporated into the Idlewild/The Mall sanitary sewer drawing set. However, separate plan sheets will be prepared for the improvements to the storm sewer system to assist the City with management of separate funding mechanisms for this portion of the project. Additional drawings will consist of the following: • Storm Sewer System 1"=20' Plan and Profile (�4 sheets) Due to schedule limitations for the sanitary sewer portion of the proj ect, King will develop a separate set of biddable drawings and specifications for the construction of Page 2 of 9 Item # 20 Attachment number 1 \nPage 3 the floodplain storage and water quality improvement area along Spring Branch. These plans are anticipated to include the following drawing sheets: • Cover • General Notes & Legend • Paving Grading and Drainage • Planting Plan • Pond Details/Sections • Diversion Structure Details (including Structural design) • Wetland Impact/Mitigation • Construction Pollution Prevention Plan Development of the plans includes additional drainage design, storm water modeling and preparation a Supplemental Drainage Report. Documents will be submitted to the City at the 30%, 60% and 90% complete levels along with estimates of probable construction costs. King will meet with the City after each submittal to review and respond to the City's comments. Task 4: Ecological Services Perform additional ecological services beyond the scope described in the previous Work Orders to include: • Wetland delineation along Spring Branch in the vicinity of proposed storage/retrofit project, and along the flow channel between the Woodlawn Terrace "pond" and Spring Branch; • Field evaluation of the existing Spring Branch flow channel to determine extent of hydrologic influence on MHW elevations and wetland vegetation establishment; • Functional assessment of the proposed temporary wetland/channel impacts associated with proj ect improvements; • Preparation of floodplain/wetland diversion and expansion "cell" design, with elevation contours, vegetative zonation and native species planting schedule; • Preparation of narrative description of proposed proj ect activities relative to existing and proposed wetland habitats, completion of environmental tables, forms and sections of ERP application; and Page 3 of 9 Item # 20 Attachment number 1 \nPage 4 Task 5: Geotechnical Services A geotechnical exploration program will be conducted in the floodplain storage area. The following scope is based on the use of one diversion structure and design of a planted diversion channel. Specifically, the program scope includes: • Two (2) Standard Penetration Test (SPT) borings at each end of the proposed diversion weir. Anticipated boring depths will be up to 35 feet. The test borings will penetrate approximately 5 feet below the bottom of the structure to allow for structural design of the weir to be performed • Performing three (3) Standard Penetration Test (SPT) borings to a nominal depth of 20 feet within the proposed floodplain storage area. These classification borings will be used to examine subsurface and groundwater conditions for estimation of potential seasonal variation. • Laboratory classification tests will be performed on representative samples including grainsize analyses, Atterberg limits and organic content tests. Corrosivity testing will not be required. • The results of the field and laboratory studies will be included in a signed and sealed geotechnical report. The report will also include recommendations for dewatering and roadway reconstruction, an evaluation of the suitable of existing soils for backfill purposes and recommendations for compaction requirements. Task 6: Additional Permitting The original Work Order included permitting services to obtain the necessary permits for the construction of a sanitary sewer system. Additional permitting services were authorized under the previous Work Order for the storm sewer improvements. No additional permitting effort will be required for the additional storm sewer improvements proposed along Idlewild Drive, Oakdale Way, and Woodlawn Terrace as part of this work order. Additional permitting will be required to include the channel and storage improvements needed for the increase in pipe size along Woodlawn Terrace. For the purposes of this Work Order, it is assumed that the permitting effort for the channel and storage improvements will be packaged separately from the sanitary sewer system permitting efforts. Additional permitting services to incorporate the stormwater components of the proj ect will be provided as part of obtaining the following permits: Page 4 of 9 Item # 20 Attachment number 1 \nPage 5 • SWFWMD Environmental Resource Permit (ERP) • U. S. Army Corps of Engineers Nationwide Permit Authorization • Pinellas County Right-of-Way Permit An ERP application fee of $ 2,912.00 shall be paid by King and reimbursed by the City. King will attend one pre-application meeting prepare and submit permit application packages and respond to Requests for Additional Information (RAI) for each permit application submitted. Task 7: Additional Bidding Assistance For the purposes of this Work Order, it is assumed that the storm sewer system improvements will be advertised for bid as part of the sanitary sewer system improvements and the floodplain storage component and channel improvements will be bid as a separate proj ect. King will assist the City with advertisement, bidding and award of the channel and storage improvements proj ect including: I. Submitting final Bid Documents including: - Five (5) signed and sealed copies of the project drawings and technical specifications; - One (1) unbound reproducible set of the technical specifications; - One (1) CD-ROM containing the project drawings in AutoCAD format and PDF format and the technical specifications in Word format; - One (1) CD-ROM containing the Bid Documents in PDF format; - The final Engineer's Opinion of Probable Construction Cost. II. Attending the pre-bid meeting and site visit; III. Preparing Addenda/answer questions; IV. Reviewing the bids, evaluating the apparent low bidder and providing recommendation of contract award 3. PROJECT GOALS: As described in the original Work Order with pertinent items listed below. Proj ect deliverables will include the following: 1. Three (3) copies of the Preliminary Listed Species Assessment; 2. Three (3) copies of the Geotechnical Report; Page 5 of 9 Item # 20 4. 5. Attachment number 1 \nPage 6 3 4 5 6 7 8 9 Three (3) copies of the Supplemental Drainage Report Five (5) 24"x36" copies and one (1) 11"x17" copy of the 30% drawings; Five (5) 24"x36" copies and one (1) 11"x17" copy of the 60% drawings; Five (5) 24"x36" copies and one (1) 11"x17" copy of the 90% drawings; One (1) full copy of all permit application packages and RAI responses; Bid Documents as described above. Meeting minutes in PDF format by email. 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 by task basis not to exceed $ 185,864.00. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. SCHEDULE: Scope for the additional storm sewer improvements will be completed in the time frame described in the existing Work Order. Tasks 1 through 6 will be completed nine months from issuance of notice-to-proceed as outlined below, Task 7 will be completed subj ect to the City's procurement schedule. Task Data Collection 30% Design & Submittal City Review 60% Design & Submittal City Review 90% Design & Submittal City Review Permits (concurrent w/ City Review) 100%Bid Document Submittal Duration 1 month 1 month 3 weeks 1 month 3 weeks 1 month 3 weeks 3 months 2 weeks Cumulative Duration 1 month 2 months 2 months, 3 weeks 3 months, 3 weeks 4 months, 2 weeks 5 months, 2 weeks 6 months, 3 weeks 8 months, 2 weeks 9 months 6. STAFF ASSIGNMENT (Consultant): Principal/Project Manager: Christopher F. Kuzler, P.E. Assistant Proj ect Manager Loc P. Truong P.E. Stormwater Assistant Project Manager Lara G. Bartholomew, P.E. Page 6 of 9 Item # 20 Attachment number 1 \nPage 7 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Christopher F. Kuzler, P.E. All City proj ect correspondence shall be directed to Jennifer Shannon, Proj ect Manager with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. The time period covered by the invoice. 2. Short narrative summary of activities completed in the time period. 3. Purchase Order Number and Contract Amount 4. Contract billing method — Lump Sum or Cost Times Multiplier 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., Attention: Veronica Josef, 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 break out the stormwater tasks separately for accounting and grant reimbursement purposes. City Invoicing Code: 0315-96169-561200-539-000-0000 9. SPECIAL CONSIDERATIONS: None PREPARED BY: Christopher F. Kuzler, P.E. Sr. Vice President King Engineering Associates, Inc. APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date Page 7 of 9 I[�'ii�:3��i7 Attachment number 1 \nPage 8 i� � '� j � N �' � F� '' I � �,� �� ' �,�a�,t'� 't'��, 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 ineasurement 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 Civil3d 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.mahony�a�,�,mvclearwater.com ➢ All electronic files (CAD and Specification files) must be delivered upon completion of proj ect or with 100% plan submittal to City of Clearwater. Page 8 of 9 Item # 20 Attachment number 1 \nPage 9 ATTACHMENT B CITY OF CLEARWATER Woodlawn Terrace Storm Sewer Replacement & Floodplain Storage Project PR��EGT BLTI.��ET King Engineering Associates, Inc. Subconsultant Task Descri tion Services Labor Total 1.0 Pro�ect Coordination 0 8,371 $8,371 2.0 Surveying 0 13,860 $13,860 3.0 Additional Design 7,500 91,367 $98,867 4.0 Ecological Services 0 5,400 $5,400 5.0 Geotechnical Services 4,500 0 $4,500 6.0 Additional Permitting 0 27,824 $27,824 7.0 Additional Biddin Assistance 0 10,145 $10,145 Subtotal, Labor and Subcontractors $168,967 Permit Review Fees Other Direct Costs rints, hotoco ies, osta e, etc Project TaskAllowance (10%) $16,897 Grand Total $185,864 Page 9 of 9 Item # 20 a - , r �.a' I�' -� 6� 3fi t� � �� ar � a9', '�� 28 � v z6 g �G ' 2a aa .. y� '1r �, to tM, � p"' ' �n53t 2� �; �; �6� ° �-N'{ "�a� �_ °�� i� °`� " � ��;� -s fl�: u r � ° , c � . ,' � ,., �; . b�'^� .w' �'": �so .sn'" �^; sa: R� w�.., ^ PALM i5eao � STREET asssa �'� b vzo 9�, �!: , . � �zasi � � -�.,r� �'m� 'ni 4w'„oi-� � �' �� . � � �, -- ��' �m r�vi � 3 j ":�j4��'a � � � '_s s g� � �-- �� 1 ` �a ,i,-waa is 4e � �ora,;,- �e �i9 � �P `�I er 2z�� -� sa � as ae� . ¢� _.; � �_ � �,� -�' � > �'� wt z a ' ' � W i 4'Of � " � � �°��.� i � '�� a3 - (�„ a�.ry 3oJ�_zsr �da� ,` �° y3€ y � as � za . 2�0� �a�,�z�., zQ �� a �A1491 ied°"' ._. eo i __E C- °_f i � I � 1�°v �?p 30t ,�S 1 '�.e - - �..� BERMUDA STREET ,vrz w e�� _ -; _9" ?+�s � =v. :a o. mxn,-� 5 �e0� ., �o�'. � � ^a i µ�!e� . �-�"'d'� 'v �'��'`�" ze<i'�. 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My C I e arw at e r. c o m City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve a work order to Engineer of Record (EOR), Leggette Brashear and Graham, Ina (LBG) in the amount of $298,840 for the design, permitting, construction and testing of four monitoring wells for the City of Clearwater's Well Field Monitoring Program (12- 0013-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for the design, permitting, construction and testing of four monitoring wells by LBG in the amount of $298,840. This monitoring program is one of the conditions of the City's Water Use Permit issued by the Southwest Plorida Water Management District to monitor the hydrologic conditions around the area of the City's three well iields. Public Utilities Department will own, operate and maintain these wells after they are constructed. The overall project is anticipated to be completed by November 2012 once approved by City Council. LBG is one of the City's Engineers-of-record, and ihis work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Sufficient funding is available in Uiility Renewal and Replacement project 0327-96740, Water Supply Treatment in the amount of $298,840.00. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0327-96740-5 61300-533 -000- 0000 Review Approval: $298,840.00 $298,840.00 2011 to 2012 Amount i� •: :� 1 11 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See Summary No '� •: :� 1 11 Cover Memo ��11�:��) Attachment number 1 \nPage 1 Leggette, Brashears and Graham, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: April 6, 2012 Project Number: City Project Number: 12-0013-UT 1. PROJECT TITLE: Well Field Monitoring Program Modifications 2. SCOPE OF SERVICES: This project consists of the design, permitting, construction and testing of four new monitoring wells for the City of Clearwater's Well Field Monitoring Program. These four new wells are required by the SWFWMD by the City's current water use permit (WUP). This City has an existing Well Field Monitoring Program that consists of the collection, evaluation and reporting of hydrologic conditions around the area of the City's three well fields. Data collected includes water levels and water quality for monitoring wells, and pumpage and water-quality data for production wells. Based on several inefficient conditions associated with a number of existing monitoring wells, it was determined that these inefficient wells should be replaced. An evaluation of these wells was performed and recommendations, including a revised monitoring program, were provided to the Southwest Florida Water Management District (SWFWMD) for approval. The SWFWMD approved the plan on February 20, 2012. During 2011, the City's WUP was renewed and modified to increase average annual withdrawals from the well fields from 6.25 to 8.0 million gallons per day (MGD). As a part of that WUP modification to increase quantities, the SWFWMD has required one year's worth of background data for the Well Field Monitoring Well Program, including the new wells. It is important to get these new wells installed so that the data collection can be initiated as soon as possible. Currently, the well fields have the capacity to produce 8.0 MGD, but are limited due to this monitoring well permit requirement. Following are the tasks for this scope of services that will be carried out and managed by Leggette, Brashears and Graham, Inc. (LBG). I[�'ii�:3�•Til Attachment number 1 \nPage 2 1. PRE-DESIGN PHASE Task 1.1 - Not Applicable 2. DESIGN PHASE Task 2.1 - Not Applicable 3. FINAL DESIGN PHASE Task 3.1— Site Visits LBG will perform field reconnaissance to select and confirm sites for the new monitoring wells. These site visits will be coordinated with City staff and the drilling contractor to ensure the acceptability of each site. The preliminary sites selected are all on City property. Final well locations will be staked. Task 3.2 — Final Construction Specifications LBG will prepare final well construction specifications for the four monitoring wells. These specifications will be in a bulleted outline format that provides the construction requirements. Each well will be finished 3 feet above land surface with a locking cap and 3 feet by 3 feet concrete pad. Well construction drawings will also be prepared. 4. BIDDING PHASE Task 4.1 - Not Applicable 5. CONSTRUCTION PHASE Task 5.1— Well Construction and Testing The well drilling activities will be completed under this task. The drilling contractor will construct four new wells. Included with the well construction activities will be well development, pumping tests and water-quality analysis. As part of the well development activities, the contractor will install a temporary pump in each well and preform a short- term pumping test. From these pumping tests, specific capacity will be determined and samples collected for water analysis. The pumping test will also provide data that will be needed for the proper setting of the permanent sampling pump. LBG will provide full-time observation services during construction of each monitoring well and all required testing activities. An experienced hydrogeologist will be on-site at all times to ensure the all construction and testing work is conducted in accordance with the technical specifications. Daily logs will be prepared and provided to the City weekly. This task is expected to take up to three months to complete. I[�'ii�:3�•Til Attachment number 1 \nPage 3 Task 5.2 — Well Construction Report LBG will prepare a report that describes all construction and testing activities. The report will include all data, figures, maps, drawings, plans, tables and any other attachments necessary to make the report complete. The report and appropriate drawings will also be signed and sealed by a Professional Engineer and Professional Geologist, as required. Task 5.3 Progress Reports and Project Administration LBG will prepare weekly progress reports describing all drilling and testing activities. Daily logs will be included in each weekly report. The weekly reports will be provided to the City's Project Manager in electronic format. Project administration activities include client consultation, written communications, telecommunications, email communications, document management, subcontractor invoice review and overall project management. Task 5.4 Task Allowance The task allowance is an on owner directed contingency. For this project, the task allowance is applied only to construction related services. Task 5 is the only task with construction services and has a total cost of $267,000. A 10% contingency for these services is $26,700. 3. PROJECT GOALS: The following work products will be submitted during the project: 1) Weekly Progress Reports 2) Well Construction Report LBG will provide 8 copies of all documents to the City, which includes the 3 copies of the Well Construction to be submitted to the SWFWMD. All original formatted documents will also be provided in electronic format. It is anticipated that monthly meetings will not be necessary during this project. However, two project meetings will be held with the City and contractor. 4. BUDGET: A table is included with this WORK ORDER INITIATION FORM that depicts the total cost per task for these Hydrogeological services — see Attachment "B". This price includes all labor and expenses anticipated to be incurred by Leggette, Brashears & Graham, Inc. for these tasks, including subcontractor costs, on a time and materials basis, for a fee not to exceed $298,840. Any necessary permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed 120 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 30% construction plans Not Applicable I[�'ii�:3�•Til Attachment number 1 \nPage 4 60% construction plans and permit applications Not Applicable 90% construction plans Not Applicable Final construction documents 120 days 6. STAFF ASSIGNMENT (Consultant): David A. Wiley, P.G. — Project Manager Jeffrey M. Trommer — Lead Project Hydrogeologist Roy Silberstein — Lead Professional Engineer Richard Cofer — Sr. Hydrogeologist (Field Staff) Ron Ewinski — Sr. Hydrogeologist (Field Staff) Adria Reimer — Sr. Hydrogeologist (Field Staff) Bruce Darling - Geochemist Tim Harrell — Drafting/Technician Dayna Green — Clerical 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to: David A. Wiley, P.G. All City project correspondence shall be directed to: Robert Fahey, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to on a time and material basis in accordance with the attached fee schedule. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0327-96740-561300-533-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method — Lump Sum or Cost Times Multiplier I[�'ii�:3�•Til Attachment number 1 \nPage 5 E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expensesgreaterthan $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. �[��y � xy /:11[K�l� �y 1 �] �I ,7:� Y [�l� ��1 There are no special considerations. PREPARED BY: David A. Wiley, PG Sr. Vice President Leggette, Brashears and Graham, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date I[�'ii�:3�•Til Attachment number 1 \nPage 6 Attachment "A" ! m � `� I i CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. 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. 2. 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.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. I[�'ii�:3�•Til Attachment number 1 \nPage 7 Attachment "B" WELL FIELD MONITORING PROGRAM MODIFICATIONS Leggette, Brashears and Graham, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Labor Total Services 1.0 Pre- Design 1.1 Project Management Plan $0 1.2 Progress Reports $0 1.3 Coordination $0 1.4 Meetings $0 1.5 Task Allowance (10%) $0 $0 2.0 Design 2.1 Ground Surveys (xyz, Inc.) $0 $0 2.2 Geotechnical Services $0 $0 2.3 Utility Locations by Vacuum Excavation (10) $0 $0 2.4 Task Allowance (10%) $0 $0 3.0 Final Design Plans and Specifications 3.1 Site Visits $1,500 $1,500 3.3 Final Construction Specifications $2,000 $2,000 3.4 Task Allowance (10%) $0 $3,500 4.0 Permitting Services 4.1 $0 4.2 Task Allowance (10%) $0 $0 5.0 Construction Phase Services 5.1 Well Construction and Testing $220,000 $26,000 $246,000 5.2 Well Construction Report $11,000 $11,000 5.3 Progress Reports and Project Administration $10,000 $10,000 5.4 Task Allowance (10%) $26 700 $293,700 Subtotal, Labor and Subcontractors $297,200 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) $1,640 (Not applicable to lump sum Work Orders) Grand Total $298,840 I[�'ii�:3�•Til Attachment number 1 \nPage 8 Attachment "B" CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2012 DIRECT HOURLY RATES LEGGETTE, BRASHEARS AND GRAHAM, INC. Rate Job Classification Minimum ($ / hour) Maximum Typical Senior Vice President $66.94 $68.15 $71.56 Vice President/Officer-in-Charge $66.94 $68.15 $71.56 Proj ect Manager/Associate Principal $50.40 $53.51 $65.10 Construction Manager $26.25 $27.01 $38.85 Construction Engineer Senior Engineer/Scientist $26.25 $27.01 $38.85 Engineer/Scientist (III-IV) $25.20 $26.25 $30.45 Engineer/Scientist (I-III) $21.00 $23.73 $28.35 Pl anner Landscape Architect Field Technician $22.58 $23.63 $36.86 Senior Designer Drafter/CADD Operator $22.58 $23.63 $36.86 Operations Specialist Fiscal/Accounting $17.85 $21.00 $35.70 Administrative/Clerical $17.85 $19.59 $32.55 MULTIPLIER: 3 .4 I[�'ii�:3�•Til City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Award a Contract (purchase order) to Terra Renewal Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Stormwater Facility known as Town Pond in the amount of $417,224.81 and authorize the appropriate officials to execute same. (consent) SUMMARY: Council approved design and permitting of Town Pond Modifications in March of 2011. Permitted modifications include the elimination of the alum feed system, removal of pond sediments and a southern expansion of the pond by 0.22 acres. This is the first of two contracts to be awarded, as the sediments need to be removed before the pond is expanded. The permitted modifications will provide required water quality benefits in lieu of the alum inj ection system. RF'P17-12 was issued on February 2, 2012, soliciting proposals for removal and disposal of the sediments. On April 6, a selection committee consisting of Engineering staff and Reiss Engineering short-listed two firms from the six submittals based upon qualifications, technical approach, experience, cost and locality. On April 12, the two short- listed firms were interviewed and Terra Renewal was selected for the project. A midyear budget amendment will transfer $417,224.81 from Capital Improvement Program (CIP) project 0315- 96170, Coastal Basins Projects to CIP 0315-96125, Town Lake. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96125-563700-539-000- 0000 Review Approval: $417,224.81 $417,224.81 2011 to 2012 Amount $417,224.81 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Yes $417,224.81 Cover Memo ��11�:�� Attachment number 1 \nPage 1 FIGURE "A" G:\Ogis\102002_TownPond\_MXDs\102008\LocationMap_for Floc.pdf Attachment number 2 \nPage 1 CONTRACT This CONTRACT made and entered into this day of , 2012 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Terra Renewal, LLC, of the City of Richardson County of Dallas and State of Texas, 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: TOWN POND FLOC REMOVAL RFP 17-12 (PROJECT #ll-0008-EN) in the amount of $ 417,224.81 In accordance with such proposal RFP 17-12 and technical supplemental specifications and sucb other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Item # 22 Council Contract.docx Page 1 of 6 4/18/2012 Attachment number 2 \nPage 2 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, a�ailable for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per d� shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Item # 22 Council Contract.docx Page 2 of 3 4/18/2012 Attachment number 2 \nPage 3 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and ha�e executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: : George N. Cretekos Mayor-Councilmember (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). (Seal) Attest: Rosemarie Call City Clerk Approved as to form: Camilo Soto Assistant City Attorney (Contractor) By. (SEAL� Item # 22 Council Contract.docx Page 3 of 3 4/18/2012 City Council Agenda Council Chambers - City Hall Meeting Date:S/17/2012 SUBJECT / RECOMMENDATION: Approve Change Order 2 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe Lining Project (09-0054-EN) to extend the contract time by 225 days and authorize the appropriate officials to execute same. (consent) SUMMARY: December 16, 2010, City Council approved the contract in the amount of $1,197,157.50. The original contract time was 365 days starting on January 19, 2011. July 31, 2011, City Council approved Change Order 1 for additional funds in the amount of $1,088,325.00 for a new contract total in the amount of $2,285,482.50. Over eighteen thousand feet of stormwater pipe has been cleaned, inspected and lined through January 2012. Approximately $500,000 remains available in the contract funds. Reynolds Inliner, LLC has agreed to maintain the unit prices from the original contract through August 31, 2012 (225 additional days). Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: to Annual Operating Cost: Total Cost: Cover Memo ��11�:�� Attachment number 1 \nPage 1 CHANGE ORDER 2 Date: May 17, 2012 PROJECT: 2010 Stormwater Pipe Lining Project PROJECT NUMBER: 09-0054-EN PO REFERENCE NO.: ST 107213 COUNCIL AWARD: December 16, 2010 CONTRACTOR: Reynolds Inliner, LLC DATE OF CONTRACT: Januarv 19, 2011 14413 62nd Street North Clearwater, FL 33760 CODE: 0315-96124-563700-539-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT This Change Order adds 225 days to the contract time to extend the Contract through August 31, 2012. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Reynolds Inliner, LLC ORIGINAL CONTRACT AMOUNT $1,197,157.50 By: (SEAL) CO 1- CC - 07/21/11 $1,088,325.00 Mark Harris, Vice President CO 2 - CC - OS/17/12 $0.00 NEW CONTRACT AMOUNT $2,285,482.50 llate: George N. Cretekos, Mayor A'1"1'N;S'1': Rosemarie Call, City Clerk llate: C1TY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager APPROVED AS TO FORM: Camilo Soto Assistant City Attorney Witnesses: Recommended By: City of Clearwater Melvin R Maciolek, Michael D Quillen, PE, Project Manager City Engineer ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and 13, Block 19, Milton Park Subdivision, conveyed to the City by the property owner; and authorize appropriate of�cials to execute same. (consent) SUMMARY: City-owned drainage facilities currently traverse private property on the southeast corner of Tuskawilla Street and Ewing Avenue. An existing utility easement in favor of the City does not cover a portion of the privately owned property used as the utility corridor. The current landowner approached the City requesting that the facilities be relocated along the right-of-way and the easement is vacated. The property owner has agreed to donate an easement to the City to provide for the relocation of the facilities. Under the proposed arrangement, portions of the existing drainage facilities will be modified to allow stormwater flows from the property to continue to enter the City system. Costs associated with modifications outside of the City's current easement are estimated at $1,500 and will be borne by the property owner up to a maximum of $2,500. The City will grout-fill and abandon unneeded facilities within the current easement. Following the installation of facilities along the right-of-way and the modifications to the existing facilities, the current easement will no longer be needed for City purposes. At that time, City staff will recommend that Council vacate same. This arrangement will provide the City with adequate property rights to construct and maintain drainage facilities along Tuskawilla Street and Ewing Avenue providing stormwater conveyance for the Lake Belleview area. The property owner will benefit by eliminating the encumbrance on his property thereby realizing full development potential. Review Approval: Cover Memo ic -�:�z� ��°�r i�. ��3c I��n� E��r�€��rir�� p��t��r�� t� �f �I��r�vu��r � �. 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T �af.�,-� � �_. � _.��..� . �f19�� €iCt��u ��t�� i �;�1 + � � e ._ � �, � , � � ,r' ,l , f !� r , � �..,.�. � 1 �Fl.,� .................�,....�,,,.�,..._.� �€ �#•� C�r ,�. �� I�Ir�� N � � N � �i��,r�d ��a�, th� �fi'�d�:rs�gr��d ��a��7c�ri�y. ��r��€�k�y ��r�� °. �. ��r-�� ie�E !'�.E�., �t��s ��u��r� tf�� f�r��csi�� r�ir�r��rt, �a°�� u�E�c� ��u��d��3 C�� x�r�air�r� �i��r�c�� ac h�� fir�� i�� e��ly, C�r ti�� r� ��c��s 1��r°�ir� �c�� f�?r�i�, ��,�3 u�ri�c� � � €s ��+��r��lly� 6�r��+�°r� t� rn�, �r �rN�cs [ "�.��'� cii� �r�t�� "` � �;� �,_. f s�� i�ae��i��c�t�c��e. �9at��`� �"�%I�€� a � � �_� � ��11°C�til ��i1"i"�� C�d1y c�rr��i��i�r� ��ir��; � ._ ��ssa �°� ��. � �� g�� ' �� 4�� ' �� '�" �F�R��; r� ��„ �fl1� ..� a�w� �6� - . � � � _- w JASMINE WAY Q w ¢ � � w J � Q _ Pir 4 ST � D ST w �� Q 2 E ST W �U ❑Q � � (n Z cn��❑w� � LOTUS PATH � ❑ � JEFFORDS ST � � w �¢ c� �AND CENTRAL ST Z w � � � =LLAS ST � McLENNAN S � BELLEVIEW BLVD WILDWOOD WAY � C�earwater U Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, pearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 www. My C I e arw at e r. c o m � U N �� G�Q� r�, J��O f, r PROJECT LOCATIOI� WIL ❑ � Q LA EVIEW RD � �� z g'� w � ��Q��y Q � � w w Q SOUTH ST � ¢ O U � � � � C7 � Z Y � w � KINGSLEY ST � J � � w QUEEN ST Q Q � � z O � � Q � � 10' Easement 1000 Lakeview Ave DWOOD Map Gen By: CRM I Reviewed By: TM I Date: 4/2/2012 I Grid #: 306A I S-T-R: 22-29S-15E Attachment number 2 \nPage 1 � w JASMINE WAY Q �� p MAGNOLIA DR � � � � � LOTUS PATH JEFFORDS ST eoa �o °� ;�Po J w Q C7 z � O � � BELLEVUE BLVD — — o-; _.._�' W n . . N W E I#24� Scale: N.T.S. Sco% 1 " = 50' This is not a survey PROPOSED � �� b,p o •� o � b w Attachment number 3 \nPage 1 _.��IIIII��IIIII��,.. . - EASEMENT Tuskawilla St. 60' R. O. W. ss #8 � � � — — 5 � � / / ss #9 3 1000 Lakeview Rd � Block 1 Block 19 Block 19 � Block 19 �� Lot 1 � Lot 2 � BLot 4� �� Lot 5 �ot 3 PIPE � � � �� SL/P a TO BE � � ��vFp � TO REMA/lV �� ' � � �� grate Block 19 � � � / / Lot 6 REMOI/E AND� � REPLACE � 4 �/j � � � � � � .� � m��4_�� µ�� sg 5a � ewsting 101 storm easement � �� t � �#,� � ��,t�� }, � . ; # �� O.R. �3750-354 � � �� ,�.� .��; �'as s � ----- — �� ,�,u.,�.,�.,r ��,,".��, Block 19 _—r----- — — SS #5 s_ _�� ry`� �= � Lot 7 grate � � � grate � ABA/VDO/V A/VD GROU � F/LL � �� I ' 1000 Lakeview Rd. � � 's Block 19 � Block 19 F Block 19 � Block 19 Lot 13 Lot 12 � Lot 11 Lot 10 1 $ � F3tll f yJi`f,� � � t,r';`"} � � �' t ,£s� t 4 �j;>'� �� f 't' ... � � > � � �— — � _ _ � Block 19 Lot 8 ��w�a � Block 19 ' Lot 9 City Council Agenda Council Chambers - City Hall Meeting Date:S/17/2012 SUBJECT / RECOMMENDATION: Approve the rescinding of Ordinance 7650-06, which vacated a utility easement and alley in the 1900 block of Edgewater Drive, more particularly described therein; and pass Ordinance 8328-12 on first reading. SUMMARY: City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating a utility easement and alley in the 1900 block of Edgewater Drive. The ordinance was adopted subject to certain conditions that were never satisfied and the allotted time for the satisfaction of these conditions has expired. The ordinance expressly states that if conditions are not met within the allotted time, "this ordinance will thereafter be null and void in all respects as though never adopted." In the interest of leaving a clear chain of title to real property, staff recommends approval of a corrective ordinance. Ordinance 8328-12 will rescind Ordinance 7650-06 leaving no uncertainty that the vacation of the alley and utility easement described therein it is null and void. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8328-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCE NO. 7650-06; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance No. 7650-06 effective July 20, 2006, which vacated a utility easement and alley depicted in Exhibit A attached hereto; and, WHEREAS, Ordinance 7650-06 expressly states that if certain conditions are not satisfied, then the ordinance will be null and void in all respects as though never adopted; and, WHEREAS, conditions required by Ordinance 7650-06 have not been satisfied and the time period allotted for the satisfaction of said conditions has expired; thus, it is necessary to rescind Ordinance No. 7650-12; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance No. 7650-06 is hereby rescinded and shall be of no further force and effect. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 25 Ordinance No. 8328-12 Attachment number 2 \nPage 1 � N City of Clearwater Q ��"�� W��.�E Engineering Department � � The 5-ft. utility easement lying along south property lines of Lot 1, and the (� - s west 22.71 feet of Lot 2, Sunnydale and the 10-ft. alley adjacent to the North property lines of Lots 2,6 and 7 and the West 15 feet of Lot 8, Sunset Point Replat. New 15-ft. utility eastment described as the West 15' of lot 8 Sunset Point Replat. ordinance 8328-12 Drawn By: B_J_R_ Reviewed By: T_M_ Scale: �" = 2 DWG. NO 2012-07 Grid # 251 A S- T- R 03-29s-15e oate: 04/12/12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Increase the residential and commercial Stormwater Utility rate to $13.40 per Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning October 1, 2016 and Pass Ordinance 8330-12 on first reading. SUMMARY: Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast analysis showed that an increase of 4.25% was needed for fiscal year 2013 ($13.59). Due to project management and operating savings, the 2012 B and A revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008, with additional 2.75% increases needed for FY2014 ($13.77), FY2015 ($14.15), FY2016 ($14.54) and FY2017 ($14.94). Without reliable information regarding the effects of the proposed regulations on Numerical Nutrient Criteria (NNC) the current rate study does not project the need for any revenue bond issuances in the foreseeable future. The effect on the Utility's rates and borrowing needs will be revisited with a follow-up rate study in the spring of 2013. Since the 2008 rate increases were passed, several significant flood control and water quality projects have been completed or are underway, including: Beach Walk, Alligator Creek Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake Bellevue, Tropic Hills Phase I and Tropic Hills Phase II. Individual projects will be presented to the Council for development approval. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 • � � � � FY 2012 Stormwater Revenue Sufficiency Analysis Update � , ' - . • April 26, 2012 . i �� Pr��a��d E�y4 ,� � � � � , . � ' I[�ii�:3�•I� F �;��,�. f ;;�.,� ��.,... � ,.., �' '; � ��, �r' Attachment number 1 \nPage 2 .,,�� c�'` �-��Y r r3�� r, , �zo%�f�$� ��s� _ �„ai��f �� „t«�� - ��a��!%%�ir�',�'�� ;��`�'�� "'t�/��r��f�� P�C�T�� ,,��7Y��,�� 'n' �'� , ��,�a��, ��`��r�' � J,�� 3'��i`�� `�f`��`��, , �� `�i��a� s � �`'�� r a� .. �� f��',�� r�,��`'�y' �i�� '�%' �i,��i,�� r��' ��X�?�''r�'�� s�� a��r�r�c�� r�c��'�" �r�� Ei�'ii�:3�•t� Attachment number 1 \nPage 3 '� � � 4 � � � Apri123, 2012 Mr. Keith Bush Controller City of Clearwater 100 S. Myrtle Avenue, #220 Clearwater, FL 33756 Re: FY 2012 Stormwater Revenue Sufficiency Analysis Update — Draft Report Dear Mr. Bush: Burton & Associates is pleased to present this Draft Report of the FY 2012 Stormwater Revenue Sufficiency Analysis Update that we have performed for the City's Stormwater Enterprise Fund. Please distribute this Draft Report to the appropriate individuals at the City for their review and comment in addition to your own. Upon receipt of all comments, we will make any and all necessary adjustments and issue a Final Report for the analysis. We sincerely appreciate the fine assistance provided by you and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (904) 247-0787. Sincerely, �,�... "`��"'"� , ''�. �`'�f,� -�,,��a�,�� _ ,, .� - ._ �,r�"�� . Andrew J. Burnham Senior Vice President Enclosure �u��M � �.��cz�r��r��: Item # 26 200 Business Park Circle, Suite 101 • St. Augustine, Florida 32095 • Phone (904) 247-0787 • Fax (904) 241-7708 E-mail: abur�nham@bur�tonandassociates.com Attachment number 1 \nPage 4 FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE TABLE OF CONTENTS TABLE OF CONTENTS SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 BACKGROUND ................................................................................................................................... 1 12 OBJECTIVE AND SCOPE ..................................................................................................................... 2 SECTION 2. REVENUE SUFFICIENCY ANALYSIS ....................................................................... 3 2.1 DESCRIPTION .................................................................................................................................... 3 22 ASSUMPTIONS ................................................................................................................................... 4 2.2.1 G�°owth ....................................................................................................................................4 2.2.2 Interest Earnings on Invested Funds ...................................................................................... 4 2.2.3 Interest Earnings on Capital Projects Constr�uction Fund ..................................................... 4 2.2. 4 Cost Escalation ....................................................................................................................... 4 2.2. S Additional Operations & Maintenance Expenses ................................................................... S 2.2. 6 Impact of New Regulatory Requirements ............................................................................... S 2.2. 7 Payment In Lieu of Tcz� es ....................................................................................................... S 2.2. 8 Capital Projects Funding ....................................................................................................... 6 2.2.9 Bo�^rowing Assumptions .......................................................................................................... 6 2.2.10 Interim Financing ................................................................................................................... 6 2.2.11 Short-Term Debt /Lease-Purchase Capital Expenditures ...................................................... 7 2.2.12 Debt Service and Coverage ..................................................................................................... 7 2.2.13 Minimum Working Capital Balance in Unresiricted Reserves ............................................... 7 2.3 RESULTS ........................................................................................................................................... 7 SECTION 3. CONCLUSIONS & RECOMMENDATIONS .............................................................. 9 3.1 CONCLUSIONS ............................ 32 RECOMMENDATIONS .................. ................... 9 ................... 9 APPENDIX A — SUPPORTING SCHEDULES .......................................................................................10 ItAm # 26 BURTON 8e ASSOCIATES City of Clearwater L�tlllly & Goven�rr�ntal Ec�oersics � Qraft Report Attachment number 1 \nPage 5 FY 2012 STORMWATER REVENUE SUFFICIENCY ANALYSIS UPDATE INTRODUCTION SECTION 1. INTRODUCTION Burton & Associates has conducted a Revenue Sufficiency Analysis Update (RSA) for the City of Clearwater Stormwater Utility System (Utility). The following sections of this report describe in detail the assumptions, procedures, results, and the conclusions and recommendations of the RSA. 1.1 BACKGROUND Burton & Associates last conducted a Revenue Sufficiency Analysis Update in FY 2010 to determine if the approved plan of annual stormwater rate adjustments extending through FY 2013 would provide sufficient revenue to fulfill the Utility's projected operating and capital requirements during that time period. That plan of approved annual rate adjustments consisted of a 6.00% increase in FY 2009, FY 2010, and FY 2011, with a 4.25% increase in FY 2012 and FY 2013. Upon completion of that revenue sufficiency analysis, it was determined that the approved plan of annual rate adjustments would generate sufficient revenue to satisfy the Utility's operating and capital requirements, without the need to issue additional debt through FY 2020. Moreover, beyond FY 2013, it was recommended that the City consider adopting 2.50% annual increases to maintain the levels of revenue necessary to continue funding the Utility's projected operating and capital cost requirements. Since completion of the last revenue sufficiency analysis, City staff has continued to implement operational and capital cost cutting measures intended to ensure continued satisfactory financial performance with the specific goal of avoiding additional borrowing requirements to preserve debt capacity for capital costs that may be required for compliance with future regulatory requirements, such as any additional numeric nutrient criteria standards. As such, City staff has again retained Burton & Associates to perform a revenue sufficiency analysis to measure the adequacy of the Utility's rates to meet the Utility's financial requirements without the issuance of additional borrowing for capital funding in '+°m # 26 BURTON 8e ASSOCIATES 1 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 6 FY 2012 STORMWATER REVENUE SUFFICIENCY ANALYSIS UPDATE INTRODUCTION order to preserve debt capacity for future costs of compliance with potential additional regulatory requirements. 1.2 OBJECTIVE AND SCOPE The objectives of the RSA were (1) to evaluate the sufficiency of the Utility's current rates and approved FY 2013 rate increase to satisfy the near-term requirements and objectives of the Utility, (2) to identify a multi-year plan of increases that would provide sufficient revenues to fund all of Utility's requirements over the entire 5-year (FY 2013 — FY 2017) planning period and 10-year (FY 2013 — FY 2022) projection period without the need for additional borrowing, and (3) to conduct a market survey that compares the Utility's current stormwater user fee to those charged by other neighboring communities in the surrounding geographic area. (tom # 'Z6 BURTON 8e ASSOCIATES 2 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 7 FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS SECTION 2. REVENUE SUFFICIENCY ANALYSIS Burton & Associates performed a Revenue Sufficiency Analysis (RSA) for the City's Stormwater Enterprise Fund that identifies the level of annual revenue (and stormwater user fee adjustments) required over a near-term planning period (FY 2013 — FY 2017) and long-term projection period (FY 2013 — FY 2022) to meet all of the Utility's operating and capital requirements. The following sub-sections present a description of the procedures, assumptions, and results of the RSA, while the final section of this report presents the conclusions and recommendations of the analysis. 2.1 DESCRIPTION The RSA was performed using both historical and projected information. The Utility's Statement of Net Assets and Restricted Asset Statement, as of September 30, 2011, as provided by City staff, were used to establish the beginning FY 2012 balances for each of the various funds of the Utility. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances available for capital projects in FY 2012 and the associated capital project costs were included in the capital improvement plan in FY 2012. The revenue utilized in the RSA consists of 1) stormwater user fee revenues, 2) interest income (including funds dedicated for capital improvement projects), and 3) all other categories of revenue. Future stormwater user fee revenues were based upon estimated FY 2012 results (which reflect FY 2011 actual revenues adjusted for assumed growth and the FY 2012 rate adjustment of 425%), adjusted annually to reflect the additional revenue generated from assumed stormwater user fee increases and assumed customer growth. All other categories of revenue were based upon the FY 2012 Budget, excluding interest income (which was calculated annually based upon projected average fund balances and assumed interest rates). The FY 2012 revenue requirements are based upon the FY 2012 Budget and include all operating and maintenance expenses, debt service requirements, inter-fund transfers, and '+°m # 26 BURTON 8e ASSOCIATES 3 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 8 FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS minor capital outlay requirements. After FY 2012, expenditures were projected based upon assumed cost escalation factors for individual expense categories and were assumed to be executed at 100% of projected amounts. The multi-year capital improvement program utilized in the RSA was provided by City staff and is presented in project-level detail by year in Appendix A. 2.2 ASSUMPTIONS We communicated with City staff regarding the following assumptions, base data, and parameters utilized in the RSA: 2.2.1 Growth There was no customer growth assumed in any year of the RSA. 2.2.2 Interest Earnings on Invested Funds Interest earnings on invested funds, or interest income, was calculated annually based upon projected average fund balances and assumed annual interest rates of 1.50% in FY 2012, 1.75% in FY 2013 and 2014, 2.00% in FY 2015, 2.25% in FY 2016, and 2.50% in FY 2017 and each year thereafter. 2.2.3 Interest Earnings on Capital Projects Construction Fund Interest earnings on funds dedicated for capital improvement projects were calculated based upon 3-year construction periods and assumed annual interest rates (same as those assumed for calculating interest earnings on invested funds). It was assumed in the RSA that these funds will be spent down at a rate of 35% in each of the first two years of construction and 30% in the third year of construction. 2.2.4 Cost Escalation Annual cost escalation factors for the various types of operating and maintenance expenses were discussed with and approved by City staff and applied in each year of the projection period beginning in FY 2013. The specific escalation factors assumed for the all other various categories of expenses are presented on Schedule 1 of Appendix A. '+°m # 26 BURTON 8e ASSOCIATES 4 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 9 FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS 2.2.5 Additional Operations & Maintenance Expenses The RSA reflects the addition of certain operating and maintenance expenses not included in the FY 2012 Budget. Beginning in FY 2013, the RSA includes the salaries and benefits for a new Stormwater Coordinator, a Stormwater Assistant Director; as well as the operating and maintenance expense associated with increases to fleet charges for the replacement of vehicles, and additional disposal fees. 2.2.6 Impact of New Regulatory Requirements The State of Florida has initiated a rulemaking process that is intended to establish quantitative nutrient water quality standards for the purpose of protecting state waters from the adverse effects of nutrient over-enrichment. Depending upon the final outcome of the rulemaking process, the Utility could be required to incur significant costs to comply with the new standards, including capital costs totaling $85 million over a 5-year period that is presently anticipated to begin in FY 2018 (upon expiration of existing permits). In addition, City staff estimates these capital costs will result in an additional $500,000 of operating and maintenance expenses beginning in FY 2020, $750,000 in FY 2021, and further increasing to an ongoing annual cost of $1,000,000 in FY 2022. Due to the high level of uncertainty surrounding this proposed rulemaking in terms of the magnitude and timing of the potential costs of compliance, it was determined that the financial management plan presented in this report should not reflect the identified potential costs of compliance. However, to the extent that this or some other regulatory requirement is enacted, the City will update its financial management plan accordingly to account for any additional costs of compliance as part of the annual revenue sufficiency analysis process for the Utility. 2.2.7 Payment In Lieu of Taxes Starting in FY 2013, the Payment In Lieu of Taxes transfer was calculated based upon 6.0% of prior year's total operating revenue. '+°m # 26 BURTON 8e ASSOCIATES 5 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 1i FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS 2.2.8 Capital Projects Funding The capital improvement program, through FY 2018, was provided by the City. Beginning in FY 2019, future capital project requirements were projected based upon the average annual capital spending for the preceding 5-years. It is important to note that beginning in FY 2019, a 3.0% annual compounding cost escalation factor has been applied to each capital project to account for inflation in the future cost of construction. All capital project costs prior to FY 2019 have been provided by City staff in future-year dollars except for Stormwater Maintenance R&R, which was provided in current day dollars and subsequently escalated by 3% annually in the RSA. In total, the cost of the capital improvement program (including cost inflation) from FY 2012 — FY 2022 is approximately $82 million. A detailed list of the specific projects and costs by year can be seen on Schedule 3 of Appendix A. 2.2.9 Borrowing Assumptions To the extent new debt was required in any year of the projection period, it was assumed to carry the following terms: Long-Term Debt: ➢ Term: 30 Years ➢ Interest Rate: 5.50% in each year of the projection period ➢ Cost of Issuance: 2.50% of Par ➢ Debt Service Reserve: Equal to 1 year of annual debt service expense ➢ Payment Schedule: Interest-only in first year of issuance Interim Financing: ➢ Term: 20 Years ➢ Interest Rate: 1.50% in FY 2012, 1.75% in FY 2013 and 2014, 2.00% in FY 2015, 2.25% in FY 2016, and 2.50% in FY 2017 and each year thereafter. 2.2.10 Interim Financing The RSA assumed that, to the extent necessary, revenue bonds would be issued in FY 2013 and every other year thereafter. Therefore, in years when revenue bonds were not '+°m # 26 BURTON 8e ASSOCIATES 6 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 1 FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS issued, interim financing was utilized to the extent necessary. All interim financing issues were assumed at the beginning of the fiscal year and were refinanced in the subsequent year as part of the long-term borrowing issuance. Until refinanced, the only carrying cost incurred for interim financing was assumed to be interest-only payments. 2.211 Short-Term Debt / Lease-Purchase Capital Expenditures The RSA includes $300,000 of shorter-lived asset replacements in FY 2017 and FY 2018 that will be financed via the City's short-term lease-purchase program. Specifically, these assets were assumed to be financed over a 5-year term at an annual cost of borrowing equal to 1.50% in FY 2012, 1.75% in FY 2013 and 2014, 2.00% in FY 2015, 2.25% in FY 2016, and 2.50% in FY 2017 and each year thereafter. A cost of issuance equal to 1% of the par amount has been assumed for each short-term financing. 2.212 Debt Service and Coverage The Utility must maintain the following debt service coverage ratios per the Utility's outstanding bond covenants: ➢ Rate Covenant — Net income (gross revenues minus operating expenses) must be at least 1.15 times annual debt service ➢ Parity Test — Net income must be at least 120 times maximum annual debt service payment (only in years when revenue bonds are issued) 2.213 Minimum Working Capital Balance in Unrestricted Reserves The RSA reflected a minimum annual working capital balance in unrestricted reserves equal to 3-months of operating and maintenance expenses. 2.3 RESULTS As previously stated, the primary objectives of the RSA were (1) to evaluate the sufficiency of the Utility's current rates and approved FY 2013 rate increase to satisfy the near-term requirements and objectives of the Utility, and (2) to identify a multi-year plan of increases that would provide sufficient revenues to fund all of Utility's requirements '+°m # 26 BURTON 8e ASSOCIATES 7 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 1; FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE REVENUE SUFFICIENCY ANALYSIS over the entire 5-year (FY 2013 — FY 2017) planning period and 10-year (FY 2013 — FY 2022) projection period without the need for additional borrowing. Upon completing the RSA, it was determined that if the City implemented the approved stormwater rate increase of 4.25% in FY 2013 as scheduled, future annual rate increases of 2.50% (as identified in the prior revenue sufficiency analysis) would be required to provide adequate revenues for operating expenditures and capital funding that will allow the Utility to maintain adequate reserves, debt service coverage, and avoid the issuance of additional debt during the entire projection period. However, it was also determined that the FY 2013 increase of 425% could be reduced as part of a new multi-year plan of annual inflationary-like rate increases of 2.75% that would also satisfy the same financial requirements and objectives of the Utility. Both plans of rate adjustments would preserve debt capacity for future unplanned capital improvement requirements, such as those that may be required to comply with new regulatory requirements, including the aforementioned potential numeric nutrient criteria standards. However, in consideration of the economic conditions it is the recommendation of City staff and Burton & Associates that the City proceed with the 2.75% annual rate adjustment plan beginning in FY 2013. As such, the schedules included in Appendix A of this report present the comprehensive financial management plan reflecting the recommended plan of annual rate adjustments of 2.75% beginning in FY 2013 and continuing throughout the remainder of the projection period. The final schedule of Appendix A(Schedule 12) presents the results of a comparative survey of other single-family residential stormwater user fees in the Utility's surrounding geographic area. This survey reflects monthly stormwater costs based upon the user fees in effect for each community in FY 2012. '+°m # 26 BURTON 8e ASSOCIATES $ City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 1; FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE CONCLUSIONS & RECOMMENDATIONS SECTION 3. CONCLUSIONS & RECOMMENDATIONS This section of the report presents the conclusions and recommendations of the RSA. 3.1 CONCLUSIONS We have reached the following conclusions regarding the results of the RSA: • Based upon the assumptions and data described herein, implementation of the approved stormwater rate increase of 425% in FY 2013 and subsequent annual 2.50% adjustments through the remainder of the projection period should generate sufficient revenue to fully fund the operating and capital requirements of the Utility without the issuance of additional debt based upon current regulatory requirements. • However, based upon the assumptions and data described herein, an annua12.75% rate adjustment plan beginning in FY 2013 continuing through the remainder of the projection period should also generate sufficient revenue to fully fund the operating and capital requirements of the Utility without the issuance of additional debt based upon current regulatory requirements. 3.2 RECOMMENDATIONS • The City should adopt annual stormwater rate adjustments of 2.75% beginning in FY 2013 through FY 2017. These rate adjustments will preserve debt capacity to address the cost of compliance with future additional regulatory requirements, such as those that may result from the current numeric nutrient criteria rulemaking process. • The City should continue to annually evaluate the adequacy of its revenues and plan of stormwater rate increases. Doing so will allow for the incorporation of updated revenue and expense information and changes in economic conditions and regulatory requirements so that any necessary adjustments can be made. This will allow the Utility to meet its financial requirements during the projection period and minimize impacts to customers from future events occurring differently than currently projected. (tom # 'Z6 BURTON 8e ASSOCIATES 9 City of Clearwater lltlllly & Goven�rr�ntal Ea�o►rs/as Draft Report Attachment number 1 \nPage 1� FY 2012 STORMWATER REVENUE SUFFICIENCYANALYSIS UPDATE APPENDIX A Appendix A — Supporting Schedules Schedule 1 contains the assumptions of the RSA Schedule 2 identifies the end of FY 2011 fund balances that serve as the FY 2012 beginning balances of the analysis Schedule 3 provides a listing of the multi-year capital improvement program that was utilized in the RSA Schedule 4 presents a detailed list of all projected cash inflows from FY 2012 to FY 2022 Schedule 5 presents a detailed list of all projected cash outflows from FY 2012 to FY 2022 Schedule 6 contains the FAMS-XL OO Control Panel that presents a summary of the financial management plan, including annual rate increases, debt service coverage ratios, total CIP spending levels, customer impacts, and fund balances Schedule 7 presents the projected annual net income, debt service coverage, and cash flow results Schedule 8 shows the projected funding sources for the capital improvement program Schedule 9 contains the calculation of projected annual long-term borrowing Schedule 10 contains the calculation of projected annual interim financing Schedule 11 presents a fund-level cash flow reconciliation, providing the beginning balance in each year, the amount utilized for project funding or payment of debt service, interest calculations, and the end of year fund balance Schedule 12 presents the results of the FY 2012 Residential Stormwater User Fee Survey conducted for the Utility's surrounding geographic area '+°m # 26 BURTON 8e ASSOCIATES 10 City of Clearwater L�tlllly & Goven�rr�ntal Ec�oersics Qraft Report W Q � a � � � J a z a Q X 0 z w a a Q � � � �--� Q � � � Q � a� � � � � U � a � m �°v o. i = � °� LL � � � a r a 0 � �� 0 w ro ci. 1O � O � � ll. � � O W � D � � O N r LL � � � a R1 � '�F = O � Y LL � 7 O a a r� � 0 Y � � � � 0 � a t+! � 0 Y � IA. � N � a 0 q e a a e° o a o a a° a O 6 O O � a S`"! 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O O 00 i/A 0 O � t/f� O 0 v � 0 0 N �/f � T G! s o u � � M �� 0 a `6 0 Q- o mr^ � � a � m s u tvj � � �' z (6 E O � � � � O � °' o T � � � a-� �, O LL � � cp O = O T � a-� i/A w N '�' O � 1 M s � o `^' Z c o � '^ Q c �c H N � bL0 7 � � a � � � a, v�. a N c � o a, � c o0 � � G a m � 3 ° M (6 �"� G! �' (i O N a ~ � � � a `� a a LL G! 3 � `o N �l� � � o �a ��' � � � �Q U � O U � N � � � a� � � N Q � � o � � � � m � Attachment number 2 \nPage 1 ORDINANCE NO. 8330-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR STORMWATER UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXV PUBLIC WORKS--FEES, RATES AND CHARGES; SECTION (3)(e) STORMWATER MANAGEMENT UTILITY RATES, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of Ordinances, is amended as follows: (3) Rates: (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program funding needs of the system. For the purposes of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 1. Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below and shall be effective for bills issued on or after the dates indicated: Effective 10/1 � 12 10/1 /9� 13 10/1 /a-9 14 10/1 /� 15 10/1 /� 16 Per E RU $�� $�9 $�'� $�3-94 $�� 13.40 13.77 14.15 14.54 14.94 ********** Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 26 Ordinance 8330-12 PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos, Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 Item # 26 Ordinance 8330-12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:S/17/2012 Approve the creation of a Domestic Partner Regishy to be administrated by the City Clerk and pass Ordinance 8329-12 on �rst reading. SUMMARY: A number of Clearwater residents establish and maintain important personal, emotional, and economic relationships with persons to whom they are not married under Florida law. Individuals forming such domestic partnerships often live in a committed family relationship. Domestic partners and their dependants may be denied certain rights for lack of a system that establishes recognition of such partnerships. The 2010 census indicates that 5.9% of American households identified themselves as living in unmarried partner households, which is an increase over the 5.2% of such households identified in the 2000 census. The 2010 Census data indicates that in Clearwater approximately 7.5% of households are unmarried partner households, which is a significant increase over the 6.2% of such households identified in the 2000 census. It is believed that the existence of a Domestic Partnership Registry is attractive to companies that value diversity and can assist the City of Clearwater in its economic development by attracting companies to locate and make capital investments in the City, and will promote the City's reputation as a growing, vibrant and diverse community. The rules developed to implement the provisions of this ordinance shall be construed to accomplish the policies and purposes of the ordinance. However, this ordinance shall not be construed to supersede any federal, state, or other city laws or regulations, nor shall this ordinance be interpreted in a manner as to bring it into conflict with federal, state, or other city laws. Nothing in this ordinance shall be construed as recognizing or treating a domestic partnership as a marriage. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8329-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING CITY OF CLEARWATER CODE OF ORDINANCES, CHAPTER 13, "DOMESTIC PARTNERSHIP REGISTRY"; CREATING SECTIONS 13.1 THROUGH 13.7; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater City Council finds that a number of Clearwater residents establish and maintain important personal, emotional, and economic relationships with persons to whom they are not married under Florida law. Individuals forming such domestic partnerships often live in a committed family relationship. Domestic partners and their dependants may be denied certain rights for lack of a system that establishes recognition of such partnerships; and WHEREAS, the 2010 census indicates that 5.9% of American households identified themselves as living in unmarried partner households, which is an increase over the 5.2% of such households identified in the 2000 census. The 2010 Census data indicates that in Clearwater approximately 7.5% of households are unmarried partner households, which is a significant increase over the 6.2% of such households identified in the 2000 census. WHEREAS, the Clearwater City Council finds that the existence of a Domestic Partnership Registry is attractive to companies that value diversity and can assist the City of Clearwater in its economic development by attracting companies to locate and make capital investments in the City, and will promote the City's reputation as a growing, vibrant and diverse community; and WHEREAS, the rules developed to implement the provisions of this ordinance shall be construed to accomplish the policies and purposes of the ordinance. However, this ordinance shall not be construed to supersede any federal, state, or other city laws or regulations, nor shall this ordinance be interpreted in a manner as to bring it into conflict with federal, state, or other city laws. Nothing in this ordinance shall be construed as recognizing or treating a domestic partnership as a marriage, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That "Chapter 13" is created as follows: "CHAPTER 13. DOMESTIC PARTNERSHIP REGISTRY" Section 2. That "Sec. 13.1. Definitions." is created as follows: IE�ii�:3�•Y/ Attachment number 1 \nPage 2 "Section 13.1. Definitions. For purposes of this Article: (a) Affidavit of Domestic Partnership means a sworn form under penalty of periury, which certifies that two (2) Domestic Partners meet the reqistration reauirements as described in Section 13.2. (b) Citv Clerk means the City Clerk of the City of Clearwater or such other person or office approved by the City Council to administer the Domestic Partnership reqistry. (c) Dependent is a person who resides within the household of a reqistered domestic partnership and is: (1) A bioloqical, adopted or foster child of a reqistered Domestic Partner; or (2) A dependent as defined under IRS requlations; or (3) A ward of a reqistered Domestic Partner as determined in a quardianship or other leqal proceedinq. (d) Domestic Partners means only two adults who are parties to a domestic partnership and who meet the requisites for a domestic partnership as established pursuant to Section 13.2. (e) Health care facilitv includes, but is not limited to, hospitals, nursinq homes, hospice care facilities, convalescent facilities, walk-in clinics, doctor's offices, mental health care facilities and any other short-term or lonq-term health care facilities located within the City of Clearwater. (f) Jointly responsible means each Domestic Partner mutually aqrees to provide for the other partner's basic needs while the domestic partnership is in effect, except that partners need not contribute equally or iointly to said basic needs such as food and shelter. (q) Mutual residence means a residence shared by the Reqistered Domestic Partners; it is not necessary that the leqal riqht to possess the place of residence be in both names. Two people may share a mutual residence even if one or both have additional places to live. Reqistered Domestic Partners do not cease to share a mutual residence if one leaves the shared place but intends to return." Section 3. That "Section 13.2. Registration of Domestic Partnerships." is created as follows: IE�ii�:3�•Y/ Attachment number 1 \nPage 3 "Section 13.2. Reqistration of Domestic Partnerships. (a) A domestic partnership may be reqistered by any two (2) persons by filinq an affidavit of domestic partnership with the City, which affidavit shall comply with all requirements set forth in this Chapter for establishinq such domestic partnership. Upon payment of any required fees, the City Clerk shall file the affidavit of domestic partnership and issue a certificate reflectinq the reqistration of the domestic partnership in the City. The Clerk must maintain or arranqe for maintenance of an online searchable database of the domestic partnerships which have been reqistered with the City. (b) An affidavit of domestic partnership shall contain the name and address of each domestic partner, the siqnature of each partner, the siqnatures of two witnesses for each partner siqnature, and each partner shall swear or affirm under penalty of periury that: (1) Each person is at least eiqhteen (18) years old and competent to contract; (2) Neither person is currently married under Florida law or is a partner in a domestic partnership or a member of civil union with anyone other than the co- applicant; (3) They are not related by blood as defined in Florida law; (4) Each person considers himself or herself to be a member of the immediate family of the other partner and to be iointly responsible for maintaininq and supportinq the reqistered domestic partnership; (5) The partners reside toqether in a mutual residence; (6) Each person aqrees to immediately notify the City Clerk, in writinq, if the terms of the Reqistered Domestic Partnership are no lonqer applicable or one of the domestic partners wishes to terminate the domestic partnership; and (7) Each person expressly declares their desire and intent to desiqnate their domestic partner as their healthcare surroqate and as their aqent to direct the disposition of their body for funeral and burial. (c) Any partner to a domestic partnership may file an amendment to the domestic partnership certificate issued by the City Clerk to reflect a chanqe in his or her leqal name or address. Amendments shall be siqned by both members of the reqistered domestic partnership under oath." Section 4. That "Section 13.3. Termination of Registered Domestic Partnership" is created as follows: IE�ii�:3�•Y/ Attachment number 1 \nPage 4 "Section 13.3. Termination of Reqistered Domestic Partnership. (a) Either partner to a reqistered domestic partnership may terminate such reqistration by filinq a notarized affidavit of termination of domestic partnership reqistration with the City Clerk. Upon the payment of the required fee, the City Clerk shall file the affidavit and issue a certificate of termination of the domestic partnership to each partner of the former partnership. The termination shall become effective ten (10) days from the date the certificate of termination is issued. (b) A reqistered domestic partnership will automatically terminate upon notice to the City Clerk of the followinq events: One (or bothl of the domestic aartners marries in Florida: (2) One of the domestic partners dies (provided however, the provisions relatinq to funeral and burial decisions shall survive); or (3) One of the domestic partners reqisters with another partner. The marryinq, survivinq or re-reqisterinq domestic partner(s) shall file an affidavit terminatinq the domestic partnership within ten (10) days of one of the occurrences listed in (b)(1)-(3) above." Section 5. That "Section 13.4. Maintenance of Records; Filing Fees." is created as follows: "Section 13.4. Maintenance of Records; Filinq Fees. The City Clerk shall prepare the form of all affidavits, amendments, and certificates required to be filed under this ordinance. The City Clerk shall maintain a record of all affidavits, amendments, and certificates filed pursuant to this ordinance. (b) The City Clerk is authorized to establish fees for the filinq of any affidavits, amendments, and the issuance of any certificates required by this ordinance, subiect to the approval by Resolution of the Clearwater City Council. Any fees established under this section shall be reasonable and commensurate with the actual costs of administerinq the provisions of this ordinance. (c) The City Clerk is authorized and directed to take all actions necessary to implement the provisions of this section within ninety (90) days after this ordinance is enacted. IE�ii�:3�•Y/ Attachment number 1 \nPage 5 (d) If Pinellas County, Florida establishes a domestic partnership reqistry law that is substantially similar to the City of Clearwater's Domestic Partnership reqistry code provisions, the City Clerk shall collaborate with Pinellas County to determine whether a ioint reqistration system will most efficiently serve our citizens. The City Clerk will brinq any recommendations for ioint administration to City Council for its consideration. If such a ioint reqistry is established, the references herein to the Citv Clerk shall then mean the filina officer for the ioint reqistry approved by City Council and Pinellas County." Section 6. That "Section 13.5. Rights and Legal Effect of Registered Domestic Partnership." is created as follows: "Section 13.5. Riqhts and Leqal Effect of Reqistered Domestic Partnership. To the extent not superseded by federal, state, or other city law or ordinance, or contrary to riqhts conferred by contract or separate leqal instrument, Reqistered Domestic Partners shall have the followinq riqhts: (a) Health Care Facilitv Visitation. All health care facilities operatinq within the City shall honor the Reqistered Domestic Partnership documentation issued pursuant to this code as evidence of the partnership and shall allow a Reqistered Domestic Partner visitation as provided under federal law. A Dependent of a Reqistered Domestic Partner shall have the same visitation riqhts as a patient's child. (b) Health Care Decisions. This section pertains to decisions concerninq both physical and mental health. Reqistry as a domestic partner shall be considered to be written direction by each partner desiqnatinq the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other's healthcare surroqate as provided in Chapter 765, Florida Statutes, and otherwise as provided by federal law. Further, no person desiqnated as a health care surroqate shall be denied or otherwise defeated in servinq as a health care surroqate based solely upon his or her status as the domestic partner of the partner on whose behalf health care decisions are to be made. Any statutory form, includinq but not limited to, a livinq will or health care surroqate desiqnation in the form prescribed by Chapter 765, Florida Statutes, that is properly executed after the date of reqistration which contains conflictinq desiqnations shall control over the desiqnations by virtue of the reqistration. (c) Funeral/Burial Decisions. Reqistry as a domestic partner shall be considered to be written direction by the decedent of his or her intention to have his or her domestic partner direct the disposition of the decedent's body for funeral and burial purposes as provided in Chapter 497, Florida Statutes, unless the decedent provides conflictinq, written inter vivos authorization and directions that are dated after the date of the reqistration, in which case the later dated authorization and directions shall control. IE�ii�:3�•Y/ Attachment number 1 \nPage 6 (d) Notification of Familv Members. In any situation providinq for mandatory or permissible notification of family members, includinq but not limited to notification of familv members in an emeraencv, "notification of familv" shall include reqistered Domestic Partners. (e) Pre-need auardian desianation. A person who is a party to a reqistered Domestic Partnership, pursuant to Section 13.2 above, shall have the same riqht as any other individual to be desiqnated as a preneed quardian pursuant to Chapter 744, Florida Statutes and to serve in such capacity in the event of his or her pomestic Partner's incapacity. A Domestic Partner shall not be denied or otherwise be defeated in servinq as the plenary quardian of his or her Domestic Partner or the partner's property under the provisions of Chapter 744, Florida Statutes, to the extent that the incapacitated partner has not executed a valid preneed quardian desiqnation, based solely upon his or her status as the Domestic Partner of the incapacitated partner. (f) Participation in Education. To the extent allowed by federal and state law, and in a manner consistent with any applicable court orders or valid aqreements or contracts, a reqistered Domestic Partner shall have the same riqhts to participate in the education of a dependent of their reqistered Domestic Partnership as a bioloqical parent to participate in the education of their child, in all educational facilities located within or under the iurisdiction of the City. However, if a bioloqical parent of a minor dependent, whose parental riqhts have not been terminated, obiects to the participation of a non-bioloqical reqistered Domestic Partner in education conferences or other dissemination of educational information, only the participation of the bioloqical parents shall be allowed." Section 7. That "Section 13.6. Limited Effect." is created as follows: "Section 13.6. Limited Effect. (a) Nothinq in this article shall be interpreted to alter, affect, or contravene city, county, state or federal law or to impair any court order or contractual aqreement. (b) Nothinq in this article shall be construed as recoqnizinq or treatinq a reqistered Domestic Partnershia as a marriaae." Section 8. That "Section 13.7. Enforcement." is created as follows: "Section 13.7. Enforcement. IE�ii�:3�•Y/ Attachment number 1 \nPage 7 A reqistered Domestic Partner may enforce the riqhts under Section 13.5 by filinq a private iudicial action aqainst a person or entity in any court of competent iurisdiction for declaratory relief, iniunctive relief, or both." Section 9. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 10. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 11. That this ordinance shall take effect 60 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Item # 27 7 .. ., .... .. .. �.. ., � r . ....... .... .... .... .... � ., r,.. � .. .. .... � ..., ...... �.. .. ., .. .. r,.. � .... �., .. . .. .. domestic partnership relationship and who meet the requirements set out in Sec. 13.1 of the Code. Those requirements are: (1) Each person is at least eighteen (18) years old and competent to contract; (2) Neither person is currently married under Florida law or is a partner in a domestic partnership relationship or a member of civil union with anyone other than the co-applicant; (3) They are not related by blood as defined in Florida law; Attachment number 2 \nPage 1 (4) Each person considers himself or herself to be a member of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the registered domestic partnership; (5) The partners reside in a mutual residence; and (6) Each person agrees to immediately notify the City Clerk, in writing, if the terms of the Registered Domestic Partnership are no longer applicable or one (1) of the domestic partners wishes to terminate the domestic partnership. (7) Each person expressly declares their desire and intent to designate their domestic partner as their healthcare surrogate and as their agent to direct the disposition of their body for funeral and burial. WHAT DOES "MUTUAL RESIDENCE" MEAN? WHAT IF WE OWN MORE THAN ONE HOUSE? The City Code broadly defines "mutual residence" (excerpted below) and does not require that the couple only own one home. (g) Mutual residence means a residence shared by the Registered Domestic Partners; it is not necessary that the legal right to possess the place of residence be in both names. Two people may share a mutual residence even if one or both have additional places to live. Registered Domestic Partners do not cease to share a mutual residence if one leaves the shared place but intends to return. WHAT IS THE PURPOSE OF THE DOMESTIC PARTNERSHIP REGISTRY? The Clearwater City Council found that the number of its citizens, both gay and straight, living in domestic partnership arrangements had increased significantly. The registry will assist those couples in asserting some rights. To the extent not superseded by federal, state, or other city law or ordinance, or contrary to rights conferred by contract or separate legal instrument, within the City limits of the City of Clearwater, registered Domestic Partners shall have the following rights: u u� ��uc a� cviuci i�c �i u ic i ciau�i ui iiN ai iu �i iaii aiwvv a ncgi��ci cu v�i i iou� r ai u ici vui�au� as provided under federal law. A Dependent of a Registered Domestic Partner shall have the same visitation rights as a patient's child. (b) Health Care Decisions. This section pertains to decisions concerning both physical and mental health. Registry as a Domestic Partner shall be considered to be written direction by each partner designating the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other's healthcare surrogate as provided in Chapter 765, Florida Statutes, and otherwise as provided by federal law. Further, no person designated as a health care surrogate shall be denied or otherwise defeated in serving as a health ca��chment number 2\nPage 2 surrogate based solely upon his or her status as the domestic partner of the partner on whose behalf health care decisions are to be made. Upon request, the City Clerk shall also assist the registrants by providing them with any desired statutory forms such as living wills or health care surrogate designation in the forms prescribed by Chapter 765, Florida Statutes. The City Clerk shall not give advice relating to these forms, but shall simply assist by providing and, if necessary, notarizing the forms upon request. Any such forms properly executed after the date of registration which contain conflicting designations shall control over the designations by virtue of the registration. (c) Funeral/burial Decisions. Registry as a domestic partner shall be considered to be written direction by the decedent of his or her intention to have his or her domestic partner direct the disposition of the decedent's body for funeral and burial purposes as provided in Chapter 497, Florida Statutes, unless the decedent provides conflicting, written inter vivos authorization and directions that are dated after the date of the registration, in which case the later dated authorization and directions shall control. (d) Correctional Facility Visitation Rights. Any person who is a party to a registered domestic partnership relationship, pursuant to Section 57.81, shall be entitled to visit his or her domestic partner, or other family member of the domestic partner, who is an inmate at a correctional facility located within the City of Orlando, upon the same terms and conditions under which visitation is afforded to spouses, dependents, or parents of inmates. Visitation rights provided by this section shall extend to any children of the domestic partners, and the domestic partners of an inmate's parents or children. (e) Notification of Family Members. In any situation providing for mandatory or permissible notification of family members, including but not limited to notification of family members in an emergency, or when permission is granted to correctional facility inmates to contact family members, "notification of family" shall include registered Domestic Partners. (f) Preneed guardian designation. A person who is a party to a registered Domestic Partnership relationship shall have the same right as any other individual to be designated as a preneed guardian pursuant to Chapter 744, Florida Statutes and to serve in such capacity in the event of his or her pomestic Partner's incapacity. A Domestic Partner shall not be denied or otherwise be defeated in serving as the plenary guardian or his or her pomestic Partner or the partner's property under the provisions of Chapter 744, Florida Statutes, to the extent that the incapacitated partner has not executed a valid preneed guardian designation, based solely upon his or her status as the Domestic Partner of the incapacitated partner. (g) Participation in Education. To the extent allowed by federal and state law, a registered Domestic Partner shall have the same rights to participate in the education of a dependent of the registered Domestic Partnership as a biological parent to participate in the education of their child, in all educational facilities located within or under the jurisdiction of the City. However, if a biological parent of a minor dependent, whose parental rights have not been terminated, objects to the participation of a non-biological registered Domestic Partner in education conferences or other dissemination of educational information, only the participation of the biological parents shall be allowed. Attachment number 2 \nPage 3 WHERE DO WE GO TO REGISTER? The Clearwater City Clerk is responsible for administering the registry. The City Clerk's Office is located in Clearwater City Hall, 112 S. Osceola Ave., Clearwater, Florida, on the second floor. WHEN CAN WE COME TO REGISTER? The Domestic Partnership Registry ordinance was adopted on June 7, 2012 and goes into effect on that date. Registration will begin on June 8th at 8 a.m. and will be available thereafter on all days and times when Clearwater City Hall is open for business, generally Monday-Friday from 8 a.m.-5 p.m. In order to most efficiently serve you, the City Clerk highly recommends that you call ahead for an appointment. The Clerk's office phone number is 727-562-4090. DO YOU HAVE TO REGISTER IN PERSON? WHY? Yes, both partners must come to Clearwater City Hall, City Clerk's office together in person to register. The City's Domestic Partnership Registry Affidavit requires specific formalities with respect to being witnessed and notarized and the Clerk's staff is trained to ensure that the Affidavit is completed correctly. WHAT IS THE COST OF REGISTERING? The initial registration fee is $30. This is payable in cash or a check payable to the City of Clearwater and MUST be submitted at the time of registration. If your registration needs to be amended in the future, the cost to amend the registration is $10. The cost of terminating the domestic partnership is also $10. WHAT DO I NEED TO BRING WITH ME TO THE CLERK'S OFFICE TO REGISTER? 1) Your partner 2) Photo identification (Driver's license or other Class 1 ID) 3) $30 in cash or check payable to the City of Clearwater vv vv� ��v � v�.v�v�r�� THE CITY CLERK'S OFFICE? No. We have provided the sample form on the City Clerk's Domestic Partnership Registry page for your review, but it should not be signed until you and your partner come to the City Clerk's office in person. WHAT HAPPENS IF MY DOMESTIC PARTNER AND I BREAK UP/OUR PARTNERSHIP ENDS? One or both partners must sign and submit a Termination of Domestic Partnership Affidavit for r�a�r�nt number 2\nPage 4 the $10 fee to the Clearwater City Clerk. The form is available on-line from the City Clerk's Domestic Partnership Registry webpage or at the City Clerk's Office. CAN I KEEP MY REGISTRATION INFORMATION PRIVATE? No, the City of Clearwater is a Florida municipal corporation and its business documents are public records under Florida law. There are no exemptions applicable to the Registry Affidavit which will be recorded in the Pinellas County public records so that it may be searchable on-line at all times in case of an emergency. WHAT PROOF WILL WE RECEIVE SHOWING THAT WE HAVE REGISTERED? For your $30 registration fee, you will receive one registration certificate (extras are available for an additional $5) and two wallet-sized cards. Your registration affidavit will be recorded in the Pinellas County public records. Attachment number 3 \nPage 1 CITY OF CLEARWATER DECLARATION OF DOMESTIC PARTNERSHIP REGISTRATION FORM Chapter 13 of the Clearwater Code of Ordinances 112 S. Osceola Ave., 2"d Floor Clearwater, Florida 33756 727-562-4090 Office Hours: Monday through Friday from 8:00 a.m. to 5:00 p.m. Instructions: Complete and submit this form (notarization is required) to the City Clerk's Office at the address above. A filin� fee of $30.00 is required and must accompany the registration form. Make check payable to the City of Clearwater. We the undersigned do declare that we meet the requirements of Section 13.1 and agree to the following statements: Initials of partners: I am at least eighteen (18) years old and competent to contract I am not currently married under Florida law nor am I a partner in a domestic partnership relationship or a ____ ____ member of civil union with anyone other than the co-applicant ____ ____ I am not related to my co-applicant by blood as defined in Florida law4 I am not a member of the immediate family of the co-applicant and I am jointly responsible for maintaining ____ ____ and supporting the registered domestic partnership ____ ____ I reside in a mutual residence with the co-applicant I will immediately notify the City Clerk, in writing, if the terms of the Registered Domestic Partnership are no ____ ____ longer applicable or one (1) of the domestic partners wishes to terminate the damestic partnership I designate the co-applicant as my healthcare surrogate and my agent to direct the,disposition of my body for funeral and burial Do you or your domestic partner claim any exemption to publie record disc LJ No. If "yes," submit on a separate page a detailed explanatifln of exempl List the name(s) of dependent(s) that reside(s) within the household of the 1. a biological, adopted, or foster child of a Registered Dor 2. a dependent as defined under IRS rQgu�atians; or 3. a ward of a Registered Domestic Partrier as determined If the above is Common Residence Address Mailing Address Telephone Number We swear or affirm under penalty i Signed on Signature of Applicant Print Name: Signature of Applicant Print Name: be pursuant Yo Section 119 Florida Statutes? LJ Yes egistered Domesti� PaCtqership and is (are): �stie�Partner; or t a guardianship or other legal proceeding. med that there are NO dependents. City State Zip City State Zip Email (Optional) ry that the statements above are true and correct. i Clearwater, Florida. Notarization of both signatures: (Required) State of Florida County of Pinellas Witnesses: (may not be blood relatives of applicants) Sworn to and subscribed before me this __ day of ________, 20__ by and who are personally known ____ or produced identification For Clerk's Use Only; Filing Date______ MCR# _ Received by _______ _ Registration # ------- -------- -- Entered By ________________ Date____ Attachment number 3 \nPage 2 Signature of Notary Public For Clerk's Use Only; Filing Date______ MCR# _ Received by _______ _ Registration # ------- -------- -- Entered By ________________ Date____ 3��yryf{� 3 l �`f � x1 w i�➢ �� } �r �'�! i�'t)� {� $ U��P�,. nv:' r 112�„s ✓ �. � �' ,a, X�� _ �,u� ,� z � ;�r�5rrs� `%' ,a,' * �; 9 � ; �� _ �z Ylr �..u.� � �X ,�� n r � 1 if�`„��;,;;;;a> Sv��p�? ,. s 1u� ^ �^ �/ L � � � � � � !� �u ^ � V L � � O � 1� O 1� � � � � w � � � w � � � � Qi .`� `�J � � �.% .� l� �£; '� � � � l ;s % �3. � �: — I � � � � � � � � � � — I � � O q �' •, •' � � � ! � �; s; � � 1; • � . � /1' � i�� Attachment number 4 \nPage 1 �% 'f u� ` izss : { 2�r` ! 3 �j f S G ' �n�.+£ �%f fi �� S .'M 17`� a �, ?Sf f,rr'S f tp� �rXfj� � t(��!�a�5 ;sc,� z` � 1 �az� , �� _ ' kutsw �" s� 5 ,� ;�� r s`:s 4 ;1�� z�� ', � ! � r ,� �k s� e�} i�� "�� 1`�,.z`n "�l r, ;