The URL can be used to link to this page

06/04/2012WORK SESSION AGENDA Council Chambers — City Hall 6/4/2012 — 1:00 PM 1. Presentations 1.1 Achievement Award from Innovation Groups (IG) at Transforming Local Government (TLG) � Attachments 1.2 Provide City Council an update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of economic data and public input. (WSO) � Attachments 1.3 Report on Jetty Lights — William Morris, Clearw�er Marine and Aviation Director � Attachments 2. Economic Development and Housing 2.1 Provide for a referendum on November 6, 2012 allowing the City Council to grant economic development ad valorem tax exemptions if approved by a majority of city voters; approve preliminary Economic Development Ad Valorem Tax Exemption Program parameters and pass Ordinance 8338-12 on first reading. � Attachments 2.2 Approve the first amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one (1) year period, modify the notice provision, and clarify the indemnification provision; and authorize funding in the amount of $50,000 in Fiscal Year 2012-2013 for theoperation of the Beach Visitor Information Center (BVIC), and autharize the appropriate officials to eXecute same. (consent) � Attachments 2.3 Approve a loan up to $800,000 to Prospect Towers of Clearwater, Inc. to renovate an existing rental housing apartment compleX far seniars located at 801 Chestnut Street, Clearwater; enter into a land use restriction agreement, mortgage and note with loan terms as follows: a 30—year loan with a five—year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25—year loan on the remaining balance atone percent interest rate per annum, and authorize the appropriate officials to execute same. (consent) � Attachments 3. Parks and Recreation 3.1 Consider recommendation by the Parks and Recreation Advisory Board to rename the North Greenwood Recreation and Aquatics Complex (NGRAC), located at 900 North Martin Luther King Jr. Avenue, to "The Walter C. Campbell, Sr. Recreation and Aquatic Complex." � Attachments 3.2 Ratify and confirm the City Manager's approval to issue a Purchase Order to Keystone EXCavators, Inc., of Oldsmar, FL, for $142,750 for the soil and delivery of the soil needed for the construction of the North Greenwood Athletic Fields located at the Jack Russell Stadium parking lot. (consent) � Attachments 4. City Manager 4.1 Approve the First Amended and Restated Memorandum of Understanding between the City of Clearwater, a municipal corporation of the State of Florida, and Ruth Eckerd Hall, Inc., a Florida Not—for— Profit corporation, delineating the responsibilities of the parties with respect to the purchase, rehabilitation, operation, and maintenance of the Capitol Theater and Lokey Building (403 and 401 Cleveland street) and if acquired, the building at 409 Cleveland Street; and authorize the appropriate officials to execute same. (consent) � Attachments 5. Legal 5.1 Approve a contingency contract with Motley Rice, LLC., for representation for claims arising out of the Apri120, 2010 Deepwater Horizon Spill and its aftermath and authorize the appropriate officials to eXecute same. (consent) � Attachments 5.2 Approve legal services agreement with Gina Grimes, Esq. at Hill Ward and Henderson for representation of the Community Development Board, Building/Flood Board of Adjustment and Appeals, and other boards as necessary. (consent) � Attachments 5.3 Adopt Ordinance 8319-12 on second reading, annexing certain real property 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 abutting 2160 and 2166 Bur�e Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 5.4 Adopt Ordinance 8320-12 on second reading, amendng the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2172 Burnice Drive, together with the abutting right—of—way of Burnice Drive and together �iih the additional right—of—way abutting 2160 and 216�urnice Drive, upon annexation into the City of Clearwater, as Residential Low (RL). � Attachments 5.5 Adopt Ordinance 8321-12 on second reading, amendng the Zoning Atlas of the city by zoning certain real property whose post office address is 2172 Burnice Drive, together with the abutting right—of—wa}af Burnice Drive and together with the additional right—of—way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). � Attachments 5.6 Adopt Ordinance 8325-12 on second reading, annexing certain real property whose post office address is 3113 San Mateo Street, into the corparate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 5.7 Adopt Ordinance 8326-12 on second reading, amendng the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3113 San Mateo Street, upon annexation into the City of Clearwater, as Residential Urban (RU). � Attachments 5.8 Adopt Ordinance 8327-12 on second reading, amendng the Zoning Atlas of the city by zoning certain real properiy whose post office address is 3ll 3 San Mateo Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). � Attachments 5.9 Adopt Ordinance 8329-12 on second reading, adopfng the City of Clearwater Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections 13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for severability. � Attachments 5.10 Adopt Ordinance 8330� 2 on second reading, amending the Stormwater Utility Rates for fiscal years 2012 through 2016. L� Attachments 6. City Manager Verbal Reports 6.1 City Manager Verbal Reports � Attachments 7. Council Discussion Items 7.1 Tampa Bay Estuary License Plate fee increase from $15 to $25 — Vice Mayor Gibson � Attachments 7.2 Political Campaign Signs — Mayor Cretekos � Attachments 7.3 Transportation Subcommittee Meetings — Councilmanber Jonson � Attachments 7.4 Density and Parking Incentives for Affordable Housing Developments: take item off table and reschedule public hearing for June 20, 2012. — Councilmember Polglaze � Attachments 8. Closing Comments by Mayor 9. Adjourn 10. Presentation(s) for Council Meeting 10.1 End of Session Report — Rep. Frishe � Attachments 10.2 End of Session Report — Peter Dunbar and MarthaEdenfield, Pennington Law Firm � Attachments 10.3 Hurricane Awareness Proclamation � Attachments Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Achievement Award from Innovation Groups (IG) at Transforming Local Government (TLG) SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 1 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Provide City Council an update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of economic data and public input. (WSO) SUMMARY: Review Approval: Cover Memo Item # 2 S�,AI�� '< �: ,.� � --- Q � -= o 99�'ATEA��'�� Clearwater City Commission Wark session Item #: Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Final Agenda Item # Meeting Date Attachment number 1 \nPage 1 6-4-2012 Provide City Council an update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of economic data and public input. (WSO) SUMMARY: The initial phases of work to prepare a redevelopment plan for the US 19 corridor are underway. With assistance from a consultant team led by HDR, the Planning and Development Department is working with corridor stakeholders to define land use and development strategies to leverage the corridor's unique locational advantages, capitalize on market opportunities, and maximize benefits of planned transit and transportation improvements. Planning Phases and Status The highly-interactive process far the project is organized around the following five work tasks: • Task 1. Project Initiation • Task 2. ConteXt Assessments • Task 3. Visions, Issues & Ideas • Task 4. Preliminary Framework Plan & Strategies • Task 5. Final Plan & Strategies Work under Task 1 is complete, work under Tasks 2 and 3 is nearing completion, and work under Task 4 is underway. Under Tasks 2 and 3, the project team has reviewed relevant land use, transportation, and other plans and studies addressing the study area; evaluated existing land use and development conditions along the corridor; completed an assessment of the corridor's market potential and competitive position in the region; and completed the first phase of public engagement, including multiple listening sessions, as detailed below. Engagement Activities To gain an understanding following: of stakeholder and general public perspectives, the project team has completed the • Facilitated a series of Listening Sessions between February 29 and March 14, 2012 during which team members led discussions about issues and ideas for improvements. Participants included business owners and operators, realtors, developers, architects, multi-family property managers, home owner's association leaders, and residents; • Conducted a Market Potential Workshop on April 5, 2012 to review findings from the Market Assessment. Participants included business and property managers, realtors, architects, developers, Chamber of Commerce leaders and Pinellas County Economic Development staff; and • Engaged stakeholders in a project-specific on-line forum (www.myUSl9plan.com) which provides opportunities far interested parties to learn about the project, share ideas, and see what other stakeholders are saying about the corridor's future. Item # 2 C:IProgram Files (x86)Ineevia.comldocConverterProltemplNVDC183ABBBA8-8498-4C76-9DBA-217B303DF59FIPDFConvert.16756.1.US 19_Presentation_Attach.doc Attachment number 1 \nPage 2 Feedback from the Listening Sessions, Market Potentials Workshop, and On-Line Forum are being used by the project team to prepare the Preliminary Framework Plan & Strategies called for under Task 4. In addition, an Open House will be held on May 30, 2012 to provide opportunities for stakeholders to share ideas for land uses and development in specific locations along the corridor. We will report on the feedback we receive at the Open House at Work Session; these ideas will also be incorporated into the Preliminary Framework Plan & Strategies under Task 4. Preliminary Findings from Engagement Activities and Context Assessment Corridor stakeholders, and members of the general public, shared concerns about a wide range of important topics. Participants in public meetings and the on-line forum shared a range of concerns and ideas. Through project engagement activities, the following topics were explored: • Positive and negative effects of the US19 improvements—improved regional access and safer long-distance travel but fewer cross-connections and limited access to individual destinations; • The poor condition and high vacancies in several older strip commercial properties; • Difficulty finding destinations along the corridor, especially for those driving along the elevated sections of US 19; • Challenges traveling between destinations on the local street network, especially for pedestrians, bicyclists, and transit users; and • Ideas about improving and broadening the mix of land uses, concentrating activity at key intersections, improving signage and landscaping, and protecting surrounding neighborhoods. The project team is preparing conteXt assessments that identify several conditions affecting redevelopment potential along the corridor, including the following: • Land values and intensities are highest in locations with the best regional and local access–the Gulf-to-Bay and Countryside areas; • Areas with larger vacant and underutilized sites in single ownership offer opportunities for near-term investment, while areas with smaller sites in fragmented ownership present challenges; • In-between sites (those that lie between exits, and are therefore without direct access to travel on US 19) tend to have lower development intensities and values than those located at crossroads; and • The corridar is in a good position as the regional market improves, to attract new office, retail, and residential investment. Early Ideas for the Framework Plan Based on early research and feedback, the project team is exploring the following general planning and design concepts: • Focus future investment in locations with the strongest competitive position and best regional access–the Countryside and Gulf-to-Bay Districts; • Promote reinvestment in older commercial properties at the Sunset/Coachman and Belleair intersections to reinforce these areas as local shopping and employment destinations; • Promote master planning of larger vacant sites to provide for mixed uses, quality public spaces, effective internal circulation, and better connections to surrounding destinations; • Allow for a wider range of uses and increased development intensities in the "in between" areas to promote redevelopment and reinvestment in older strip commercial properties; • Improve gateway conditions, district and subdistrict identities, and wayfinding signage to enhance the competitive position of destinations along the corridor; • Improve local street, pedestrian, and bicycle networks to address connectivity challenges; an�em # 2 C:IProgram Files (x86)Ineevia.comldocConverterProltemplNVDC183ABBBA8-8498-4C76-9DBA-217B303DF59FIPDFConvert.16756.1.US 19_Presentation_Attach.doc Attachment number 1 \nPage 3 • Define effective, achievable methods—policies, incentives, and public investments—to promote context sensitive, energy efficient development corridor-wide. These general concepts will be refined under Task 4 as part of the project team's work on the Preliminary Framework Plan & Strategies. Item # 2 C:IProgram Files (x86)Ineevia.comldocConverterProltemplNVDC183ABBBA8-8498-4C76-9DBA-217B303DF59FIPDFConvert.16756.1.US 19_Presentation_Attach.doc f_ , :;,; � .� ?�-' � � :.:� _ .�. t�� - �:.� � � �, : ,. �}�x >`' .y;,,, �,, . ;�� ,�� P� � � US 19 CLEARWATER Creatin Innovative Places 9► • • ■ on itions ssessments .. ■ �s�ons ssues eas � . ■ ra mewor a n trate �es . . ■ � na a n trate �es , Improve Mobility • Create Quality Places � Advance Sustainability Goals Inte rated g , Strateg�es for US 19 Maximize Market Pote nt i a l D v � 3 � (D 7 7 C � � N N � � N � � W • • • • ■ isten i n essions ■ en ouse . ■ n ine orum • • • • • • • ■ a rtici a nts i n sessions . . ■ �verse ers ect�ves � land Owners, Residents, Business Owners, Developers, Property Managers ��. ��r n inP c �� US 19 CLEAFt'WAT�R . Creating Innc�rr�t��ve Places , . „ - - � � .; � - , ,,, . ,._� � LI �.Iv: i I_ lil� �: I- 11. I �.�" -1.. -�.S_�a. .i.�..�s...=. .... ..•�_....,,.... �i. E,�''�•1n�a�rnm.�igs»napp�m�ingx ses,oryoon�i�. Ldli�tll ihe Idea fviap ' ,�. � r:, II (7�y1CS ff�� CWRR[M �.�.� -� ��a a s6R � € �� ;r-- - Countryside Acti��rtty Genter ` �, �x.. ��,,�,� _,�_ , ,.« � R" y: �' �. . � . . . , . � �`� ''� � Guff t4 Bay Acti�dy Center 4 � .. f�° M � � E �,� �, �� „x ^^ - " . . i f{iD�tY' Sulacll+r+7wK _ ° ° ` �` "�^�°" � Sunset Point & Coachman I�` o.. 'r Qistrict yn�an_c� �Zy V nique V �2 Re i ste reo' g 4 Ideas/�a !W T[�nIC� � . . . i D v � 3 � (D 7 7 C � � N N � � N � � � ■ oa wa m rove m e nts � Safer Travel & Better Re ional Access g � More Difficult to Get to Destinations . . . ■ acant itesan ui in s .. ■ o i it a e n es ■ eas or m rovements . . . .. • � ` .. et os�t�a a ue c� rvside & Gulf• . . ssmen� . m rov i n ss at ros� �av . . : .�. .� � _ _ . � � �.. . ��- � � " ',' ' � � �, `'.�''� `�-. +� ''",�, ` � �4�� -y ��' M .e,� �� h f �� i� �: �4 �f . • ~'4� S �' .� p� �f+-4 g . ' - ; �. �� d '�� fy` �a+ � ' ' � � � � � ,. � � i`r �. - _ ; G � ... _ �RS. • r. � • D v � 3 � (D 7 7 C � � N N � � N � � � ■ • • oor oca ccess � rcu at�on ■ n- etwe e n re a a e n e s � Access I ssu es � Sma I I Pa rcel Sizes � Fra mented Ownershi g p � Diverse Character D v � 3 � (D 7 7 C � � N N � � N � � ..�� o i � � ��, c � _ � rv.,; , t y� : ,_;_s-- �" � SunseiPantNd . � � Re�3c. X Gviltd ' �� — t 6r�air Ild � ��+.w � � . � . . . � � , , �� N � (D 7 7 C � � N N � � N � � ■ m rove t e n- etwe e n re a s � Promote Reinvestment & Transition from Stri Commercial p � Ex lore AI lowi n I ncreased I ntensi p g �l � I m prove Con nections • ■ m rove e n t � t ra n � I m rove Gatewa Cond itions p Y � Promote Destinations & Districts � Im roveWa indin p g ■ Draft Fra mework Pla n& Strate ies g ■ Finalize Plan & Strate ies g ■ Ta r et Co m I et i o n-- Au u st 2012 g p g __ J � � � � � N � � N � � . �� . ; , : ,� �#� �. Er x,,w � io m: I, �� A: � � s' A =; \ . � <.. ¢ �.: . � The US 19 Corridor Stud y '�s�.�� , «�� US 19 CLEARWATER Creating Innovative Places � • ' ' � ' • • . �► • � � • ' � � : ��. w � � . ' • � � � . ,� . r • ., . ,. . . . . Attachment number 3 \nPage Item # 2 Listening Sessions ■ 96 participants in 11 sessions ■ iverse Persp�ctives � Land Owners, Residents, Business Owners, Developers, Property Manag�rs � -- �_ � - .. . .. �,:: , ;� -�yr: a� "' ' _ � � � �� _ ,�, � � �� ( Online Forum myU519plan.com • 619 Unique Visitors • 82 Registered Users • 1241deas/Comments • NewTopics May 14 � V � � � a� a� LL. � 4 * '� ♦ f: ♦ • • � •• � � � i •" s • �: s �� • +♦ i . , . . � .. � . . . r `�I i �� i � � . . � • i i ♦ . . f � ! • . . . . � � � � � � � � � � � � � � i 0 V Ti !+ � • i i . . • , +I!' � •4 s � * •r s •• f ' � s •A • � � " r • � . . . ..- i ��\ � t_ ,+} \ _�( ,� �� e� �� , @-�,�� \;�R �, � � , ,;, �� Co ntext Assess m e nts . �, � �, , , . * �,, � �'. . . ♦ . w M w> � i � • ♦ .. . : � • ,i, • i 4Qi '�� if � ♦ � � . • � �? .. �s. �:�,. • , .., .. . �. . : � .. • ..... � � �; �:'��. � a� � Early Ideas . . . .... , � ��. � . � � . . I� f � ,., ,..� _ _ �i . � � ' i �` � * .:� i 4' � , � . .� • ? '�' . � �. Y S ' � ! '� I / � �I f • � � I , ._ � � .� � •. r � ,� r �'� s ��,h .. � .:. � Early Ideas . . ,. . . 'f�"`��y-"-:.,�'` � � � � .. .� . � � . �� :.� a �� r . , 1.._;....... ' - •• • " ! '�♦ w •s . � � -� • � ' � • r '" � n � �, . . .+ Early Ideas . . � - :- •- � -. . • �► s •. . . , ,, , . • . - . •a.�, � . '. '• . . • �r * • � +t Early Ideas � �► • s - :� :� . �r . . - .: . « �► .,• . , �- . . : � • • * . s • . Belleair Site • ! • • « • �� , . ;� . . ' , '�r :` s� • ... w :• c's�. . .. * • � rF M * � ♦ r Attachment number 3 \nPage Item # 2 Attachment number 3 \nPage Item # 2 € - ".�'-��, , �1l��"',l;�!1�'�'�'��'�!!. �l�� _ . . _ _ __ �: = ` �.'�' " y � , � ,�,. . �- ' :,�v�� - :�, �' ' � �.; _ -:�' �, � �. � >�%�,-._� _ �� ':�tG�� t � ' ' ..17"f�'.,,�y", � h��,� � �: � f _.' � Fa ' � _ '-- �'� - i,�„''--' _..�< � `. . I `�...,...,.... � s•t?. (,y;4. c'�. `;i�i��..L �. � �, .,��Fr ii �R ii�i��ll� I ` . � � , t • • � • • • � • ♦ • • a. • * • � �': �r � �� .: �• .. 1► . • � s �; � � � • ` � ' � � � � � �� p �_� . Attachment number 3 \nPage Item # 2 11 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Report on Jetty Lights - William Morris, Clearwater Marine and Aviation Directar SUMMARY: Meeting Date:6/4/2012 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 3 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Provide for a referendum on November 6, 2012 allowing the City Council to grant economic development ad valorem tax exemptions if approved by a majority of city voters; approve preliminary Economic Development Ad Valorem Tax Exemption Program parameters and pass Ordinance 8338-12 on first reading. SUMMARY: On May 14, 2012, City Council directed staff to prepare an ordinance that provides for a referendum on the November 6, 2012 ballot to allow City Council to grant economic development ad valorem tax exemptions for qualifying businesses that create new jobs pursuant to Article VII, Section 3 of the Florida Constitution and Section 196.1995 of the Florida Statutes. Ordinance 8338-12 calls for a referendum that willbe placed on the ballot on November 6, 2012 and puts forth the following ballot question: "Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the Cityof Clearwater?" The ordinance outlines the City of Clearwater's desire to offer tax exemptions for new businesses relocating to the City and to expanding businesses in order to foster economic growth and increase employment as allowed by state law. The ballot language is due to the Supervisor of Elections on August 3, 2012. Economic Development Ad Valorem Tax Exemption Program Parameters The Economic Development Ad Valorem Tax Exemption Program is intended to attract new private investment and encourage capital investment and job growth in the City of Clearwater. The program would be a tool for the city to help regain a competitive edge not only in the Tampa Bay region, but also statewide in business attraction and expansion. Staff has developed preliminary Economic Development Ad Valorem Tax Exemption Program parameters for Council consideration. Staff has proposed the following program parameters in order to be most competitive with other jurisdictions' programs, allow the greatest flexibility for the Council to achieve its economic development goals, and for the City of Clearwater to realize an increase in tax base: -75% annual individual project maximum ad valorem ecemption -10 year maximum exemption time period -$100,000 minimum capital investment without land -No cap on the number of applications or amount tobe exempted per fiscal year -Job creation requirements will be those as required by state law: Cover Memo Item # 4 • Manufacturing (10 jobs) • Qualified Target Industries (10 jobs) • Export sales (25 jobs) • Office—not in target industries (50 jobs) -Average wage for new jobs must be above the avera� wage for Pinellas County ($40,372 in 2012) -Each application must be approved by City Councilvia ordinance -All businesses must reapply annually for the exem�ion and provide a status report to ensure they are still in compliance with program requirements �ity Council has the authority to revoke the exemption if the applicant fails to meet agreement expectations and/or program requirements In summary, the exemption applies only to improvements to real property and to tangible personal property. Staff will use the above preliminary program parameters to prepare educational materials in anticipation of the referendum on November 6. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 \nPage 1 ORDINANCE NO. 8338-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR A REFERENDUM AT A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE GENERAL FEDERAL, STATE, AND COUNTY ELECTION TO BE HELD ON NOVEMBER 6, 2012; PROVIDING FOR AUTHORIZATION FOR CITY COUNCIL TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS IF THE BALLOT QUESTION CONTAINED IN THIS ORDINANCE IS APPROVED BY A MAJORITY OF THE VOTERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a recognized function of the City is to promote economic development within its jurisdiction by providing financial incentives that will encourage new businesses to relocate within its jurisdiction and existing businesses to expand creating employment opportunities that will benefit the entire community; and WHEREAS, the current economic climate has resulted in a high unemployment rate in the City of Clearwater, impacting the quality of life for its citizens and the sustainability of local businesses; and WHEREAS, many of the surrounding Florida counties and cities including but not limited to Tampa, Hillsborough County, City of Sarasota, Sarasota County and the City of St. Petersburg have already implemented ad valorem tax exemption programs potentially putting the City of Clearwater at a competitive disadvantage in the recruitment of new businesses and the retention of existing and expanding businesses; and WHEREAS, the City desires to offer an Economic Development Ad Valorem Tax Exemption for new businesses relocating to the City of Clearwater and to businesses already situated in the City of Clearwater that are expanding in order to foster economic growth and increase employment as allowed by state law; and WHEREAS, the City Council supports this concept and is placing it before the voters to determine if the voters support the granting of economic ad valorem tax exemptions to new and expanding businesses within the City; and WHEREAS, Section 196.1995, Florida Statutes, requires a referendum procedure to determine whether a municipality may grant economic ad valorem tax exemptions under s.3, Art. VII of the State Constitution; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. A special municipal referendum election is hereby called and will be held on November 6, 2012, in conjunction with the general Federal, State and County Item # 4 Ordinance No. 8338-12 Attachment number 1 \nPage 2 election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: PROVIDING CITY COUNCIL WITH THE AUTHORITY TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3, Art. VII of the State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the City of Clearwater? YES — For authority to grant exemptions NO — Against authority to grant exemptions Section 2. Upon approval by the voters, the City Council shall be authorized to grant, at its discretion, ad valorem tax exemptions for new and expanding businesses in the City of Clearwater that are expected to create new, full-time jobs pursuant to Section 196.1995, Florida Statutes, and s.3 Art. VI I of the State Constitution. Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on November 6, 2012. Section 4. This ordinance shall take effect immediately, with the exception of Section 2, which shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Pamela K. Akin Rosemarie Call City Attorney City Clerk Item # 4 2 Ordinance No. 8338-12 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Approve the first amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one (1) year period, modify the notice provision, and clarify the indemnificarion provision; and authorize funding in the amount of $50,000 in Fiscal Year 2012-2013 for the operation �the Beach Visitor information Center (BVIC), and authorize the appropriate officials to execute saine. (consent) SUMMARY: The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just wesi of the Clearwater Beach Municipal Marina. The center is a 15' x 20' air—cortlitioned concrete block structure of tropical seascape design compatible with existing beach buildings. The Economic Development and Housing Department is the "owner" of the building. The City's Building and Maintenance Division maintains the structural integrity of the building. The City released a Request for Proposals (RFP) for management services in March 2002, with the Clearwater Regional Chamber of Commerce (Chamber) being the sole respondent. A five—year agreement was signed in July 2002 and exp'red in July 2007. A two— month extension was approved in June 2007 to allow the next term of the agreement on the City's fiscal timeline. In July 2007, another RFP was released for management services and the Clearwater Regional Chamber of Commerce was, again, the sole responder. A five— year management agreement was signed in October 2007 and is set to expire in October 2012. The main purpose of the BVIC is to provide quality service and information to the visitors to Clearwater. The BVIC maintains open communication with the Pinellas County Convention and Visitors Bureau providing essential information as to the condition of traffic, parking, weather, red tide, events, activities and other information deemed appropriate. The BVIC faciliry is open 7 days a week, has a full time manager, and is staffed during ]cey operating hours with the appropriate number of employees to serve the needs of the public. The BVIC maintains a guest book where visitors are asked to provide such information as the visitor's origin (state/country), if it's a first visit, if they flew or drove, length of stay, where they are staying, and if they already had reservations. The Center also provides a computer for visitors to check e—mails and other irternet usage. Over the past ten years, over 462,980 visitors have been served. Comment cards are made available for the visitors to provide the City with information on their overall stay, things they liked or disliked and additional services the City might provide. Staff addresses visitor complaints and acts as a liaison to local businesses. Staff recommends exercising a one—year extension tothe Management Agreement as the Chamber has managed the BVIC according to the management agreement and City expectations. While staff was originally contemplating preparing and releasing a new RFP, discussions with the Regional and Beach Chambers revealed that the Chambers would discuss options for potential collaboration in the following year. The budget for the one—year extension is $50,000 (�vised budget is an addendum to Exhibit B). The budget anticipates a lower advertising, merchandise and tickets sales, however, any losses will be covered by the Chamber and any surpluses will be returned to the City. The funding for this one—year extension wil] be included in the City Manager's proposed 2012/l 3 annual operating budget. In summary, the first amendment to the management agreement extends the Agreement for one (1) additional one (1) year period (Extended Term), modifies the notice provision and clarifies the indemnification provision. In addition, to be consistent with city standards, the City will grant a revocable license to the Cbamber to enter upon and occupy the Beach Visitor Information Center. Type: Other Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: Budget Adjustment: Annual Operating Cost: Total Cost: None $50,000 Cover Memo Item # 5 For Fiscal Year: Appropriation Code 0010-09216-530300-552— 000-0000 2012 to 2013 Amount Appropriation Comment $50,000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 5 Clearwater Regional Chamber of Commerce BVIC October 1, 2012 — September 30, 2013 Addendum to Exhibit B Ordinarv Income/Expense Income 4040 — Advertising Sales/Publication 40408 — Advertising 40411— Attraction Tickets 40409 — Merchandise 40412 — Trolley Tickets Total — Advertising Sales/Publications 4071— City of Clearwater Subsidy Total Income Gross Profit Expense 5010 — Payroll and Related Expenses 50101— Salaries & Wages 50103 — Payroll Taxes 50104 — Worker's Compensation 50107 — Payroll Admin Fees Total — Payroll and Related Expenses Office Expenses Telephone-Internet Auto Expenses Equipment Insurance Staff/Education Attraction & Trolley Tickets Total - General Expenses Total Expense Net Income/(Loss) Attachment number 1 \nPage 1 Annual Bud�et 26,000.00 16, 800.00 160.00 5,200.00 48,160.00 50,000.00 98,160.00 65,000.00 4,875.00 243.75 650.00 70,768.75 625.00 2,436.33 150.00 1,300.00 1,200.00 500.00 21,360.00 27,571.33 98,340.08 (180.08) Item # 5 BVIC Visitors 2007 2008 2009 2010 2011 2012 2013 2014 2015 JAN 4231 5640 4382 3130 3107 4335 FEB 5337 7970 8003 4124 4412 5858 MAR 9107 9457 8773 6848 5186 9481 APR 8554 8051 7441 5921 4290 MAY 6154 5833 4950 2774 2908 JU N 5085 4508 3813 2859 3353 JU L 5108 5079 4754 3632 3264 AUG 4173 3954 3971 2754 2802 SEP 2600 missing 2509 1929 2172 OCT 3874 3305 3534 2878 2465 NOV 5450 4814 3749 2905 2538 DEC 4917 4317 2868 2366 3262 TOTAL 64590 62928 58747 42120 39759 15339 0 0 0 � m � � � � _ � � � N � � N � � Attachment number 3 \nPage 1 FIRST AMENDMENT TO MANAGEMENT AGREEMENT THIS FIRST AMENDMENT to that certain Management Agreement dated September 12, 2007, ("Agreement") is hereby made and entered into on , 2012, by and between the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is P.O. Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the "City" and Clearwater Regional Chamber of Commerce, Inc., 401 Cleveland Street, Clearwater, FL 33755, hereinafter referred to as "Agency". WHEREAS, City and Agency desire to extend the Agreement for one (1) additional one (1) year period ("Extended Term"), modify the notice provision and clarify the indemnification provision; and NOW, THEREFORE, the parties agree as follows: 1. Terms and Consideration. In accordance with paragraph 1, the Term of the Agreement is hereby extended for one (1) year beginning October 1, 2012 and ending September 30, 2013. Further, the following shall be added to the end of paragraph 1(a): "That the City does hereby grant a revocable license (the "License" to the Agency to enter upon and occupy the Beach Visitor Information Center, 1 Causeway Blvd., Clearwater Beach, Florida ("BVIC"). Such property shall hereinafter be referred to as the "Licensed Premises" or the "Premises." This License is not coupled with an interest and thereby does not create any property interest in the Licensee. 2. Liabilitv and Indemnification. The following sentence shall be added to the end of paragraph 11, "This indemnification provision shall survive expiration or termination of this Agreement." 3. Notice. Section 21(b) is hereby restated as, "If to the Agency, addressed to President, Clearwater Regional Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. Countersigned: George N. Cretekos Mayor CITY OF CLEARWATER, FLORIDA : William B. Horne, II City Manager Item # 5 Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Clearwater Regional Chamber of Commerce, Inc. : Bob Clifford CEO/President Attachment number 3 \nPage 2 Item # 5 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Approve a loan up to $800,000 to Prospect Towers of Clearwater, Inc. to renovate an existing rental housing apartment complex for seniors located at 801 Chestnut Street, Clearwater; enter into a land use restriction agreement, mortgage and note wiih loan terms as follows: a 30—year loan with a five—year defined r�ayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25—year loan on the remainingbalance at one percent interest rate per annum, and authorize the appropriate officials to execute same. (consent) SUMMARY: On Apri14, 2012, Prospect Towers of Clearwater, Inc. submitted an application for funding to renovate Prospect Towers. The renovations will include replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. The total project is estimated to cost $800,000, including loan closing costs. Located at 801 Chestnut Street, Prospect Towers of Clearwater, Inc. (Prospect Towers) has been incorporated since 1969 with building completion in 1971. Prospect Towers is governed by a Board of Directors comprised of 11 local individuals who are responsible for management and administration, with day—to—day rer�l and building management being handled under contract by Presidio Realty, which employs on—site administrative, rental and mantenance personnel. Prospect Towers is a 208—unit apartment building tlat is comprised of 96 efficiency units and 112 one�edroom units. The property includes a seventeen—story building and parking lot The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on— site Desk Clerlcs, Emergency Call Buttons, Community Library, and an on—site Wellness Center. Accordingto the Pinellas County Tax Assessor's Office, the property has a 2011 Market Value of $8,148,236.00. The unit rents vary from $432 for the eff'iciency units to $649 for the one—bedroom units. The existingrents are lower than the fair market rents at $690 for an efficiency unit and $766 far a one�edroom unit. The rents are also lower than the high HOME rents at $656 for an efficiency unit and $704 for a one—bedroom tnit. Therefore, the project would meet the existing HOME Program guidelines. Prospect Towers was originally funded through HUD's Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing speci�cally for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers' residents must be at least 62 years of age ar have a disability and the capability to care for ihe apartment in which they reside. Recently, Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving this 30—year loan with a five—year d�fiied repayment at $6,000 payable for year one and $12,000 payable for years two through �ve and an amartized 25�ear loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City will require Prospect Towers to enter into a land use restrictive agreement for a 30—year affordability period on theHOME—assisted units (total of 20 units). As with �e original obligation, Prospect Towers has indicated their intent is to keep not only the HOME—assisted units affordable, but all unifi affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non—profit below cost basis rental housing....". �milar language is found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. Funding for the loan will come from HOME Investment Partnership Program and Pinellas County Local Housing Trust Fund dollars with closing anticipated in June/July 2012. The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. Cover Memo Item # 6 Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $800,000 to Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment 0683-00000-128165-000— 600,000 0000 0193-00000-128165-000— 146,000 0000 0685-00000-128165-000— 54,000 0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 6 City of Clearwater HOME loan year Calendar year Income: (2% increase projected after year 1) Rental income Interest reduction subsidy Other income Vacancy Loss (@7%) HUD reserve returned Total income Expenses: (2% increase projected after 2012) Admin exp Mgt fees Utilities Oper and maint exp Propertyinsurance Otherinsurance andtaxes Payroll Honeywell Contract Replacement Reserve ($250 per unit/yr plus 3%/yr) Totalexpenses Prospect Towers of Clearwater, Inc. 801 Chestnut Street, Clearwater, Florida 33756 Operating Pro-Forma 1 2 3 4 5 6 7 8 9 10 11 12 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 1, 275, 240 1, 300, 745 1, 326, 760 1, 353, 295 1, 380, 361 1,407, 968 1,436,127 1,464, 850 1,494,147 1, 524,030 1, 554, 510 1, 585, 601 70,400 71,808 73,244 74,709 76,203 77,727 79,282 80,867 82,485 84,135 85,817 87,534 54,000 91,052 92,873 94,731 96,625 98,558 100,529 102,539 104,590 106,682 108,816 110,992 1, 291, 640 1, 281, 501 1,307,131 1, 333, 273 1, 3 S 9, 939 1, 387,138 1,414,880 1,443,178 1,472,041 1, 501,482 1, 531, 512 1, 562,142 18,300 18,666 19,039 19,420 19,809 20,205 20,609 21,021 21,441 21,870 22,308 22,754 43,800 36,000 36,720 37,454 38,203 38,968 39,747 40,542 41,353 42,180 43,023 43,884 472,440 481,889 491,527 501,357 511,384 521,612 532,044 542,685 553,539 564,610 575,902 587,420 175,092 178,594 182,166 185,809 189,525 193,316 197,182 201,126 205,148 209,251 213,436 217,705 102, 828 104,885 106, 982 109,122 111,304 113, 530 115,801 118,117 120,479 122,889 125,347 127, 854 358,332 365,499 372,809 380,265 387,870 395,627 403,540 411,611 419,843 428,240 436,805 445,541 57,000 58,710 60,471 62,285 64,154 66,079 68,061 70,103 72,206 74,372 76,603 78,901 1, 227, 792 1, 244, 242 1, 269, 714 1, 295, 713 1, 322, 250 1, 349, 336 1, 376,984 1,405, 204 1,434,009 1,463,412 1,493,424 1, 524, 058 63,848 37,259 37,417 37,561 37,689 37,801 37,896 37,974 38,032 38,071 38,088 38,084 SCS notes payable - - - - - - - *City of Clearwater I 6,000 12,000 12,000 12,000 12,000 33,738 33,738 33,738 33,738 33,738 33,738 33,738 Total Debt Service 6,000 12,000 12,000 12,000 12,000 33,738 33,738 33,738 33,738 33,738 33,738 33,738 sh Flow (After Debt Servicel 57,848 25,259 25,417 25,561 25,689 4,063 4,158 4,236 4,294 4,333 4,350 4,346 bt Service Ratio 10.64133333 3.104902 3.11807504 3.130043791 3.14074013 1.120431538 1.12325435 1.125546051 1.12727838 1.128422 1.1289464 1.12882 of Clearwater ($800,000 @i%; $1000 principal per mo for 54 mo.; balance equallY over 25 r=r � � � � D N 3 � (D 7 7 C � � N � � N � � 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 1,617,313 1,649,659 1,682,652 1,716,305 1,750,631 1,785,644 1,821,357 1,857,784 1,894,940 1,932,838 1,971,495 2,010,925 2,051,144 2,092,166 2,134,010 2,176,690 2,220,224 2,264,628 - - - - - - - - - - - - - - - - - - 89,284 91,070 92,891 94,749 96,644 98,577 100,549 102,560 104,611 106,703 108,837 111,014 113,234 115,499 117,809 120,165 122,568 125,019 113,212 115,476 117,786 120,141 122,544 124,995 127,495 130,045 132,646 135,299 138,005 140,765 143,580 146,452 149,381 152,368 155,416 158,524 1,593,385 1,625,253 1,657,758 1,690,913 1,724,731 1,759,226 1,794,410 1,830,299 1,866,904 1,904,243 1,942,327 1,981,174 2,020,797 2,061,213 2,102,438 2,144,486 2,187,376 2,231,124 23,209 23,673 24,146 24,629 25,122 25,624 26,137 26,660 27,193 27,737 28,291 28,857 29,434 30,023 30,624 31,236 31,861 32,498 44,761 45,657 46,570 47,501 48,451 49,420 50,409 51,417 52,445 53,494 54,564 55,655 56,768 57,904 59,062 60,243 61,448 62,677 599,168 611,152 623,375 635,842 648,559 661,530 674,761 688,256 702,021 716,061 730,383 744,990 759,890 775,088 790,590 806,401 822,529 838,980 222,059 226,500 231,030 235,651 240,364 245,171 250,074 255,076 260,178 265,381 270,689 276,102 281,624 287,257 293,002 298,862 304,839 310,936 130,411 133,019 135, 679 138, 393 141,161 143, 984 146,864 149, 801 152, 797 155,853 158,970 162,149 165, 392 168, 700 172,074 175,516 179, 026 182, 607 - - - - - - - - - - - - - - - 454,452 463,541 472,811 482,268 491,913 501,751 511,786 522,022 532,463 543,112 553,974 565,053 576,355 587,882 599,639 611,632 623,865 636,342 81,268 83,706 86,218 88,804 91,468 94,212 97,039 99,950 102,948 106,037 109,218 112,494 115,869 119,345 122,926 126,613 130,412 134,324 1,555,328 1,587,247 1,619,829 1,653,088 1,687,038 1,721,693 1,757,069 1,793,181 1,830,044 1,867,675 1,906,089 1,945,303 1,985,334 2,026,199 2,067,916 2,110,504 2,153,980 2,198,364 38,057 38,005 37,928 37,825 37,693 37,532 37,341 37,117 36,860 36,568 36,239 35,871 35,464 35,014 34,521 33,982 33,396 32,760 - - - - - - - - - - - - - - - - - - 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 33,738 4,319 4,267 4,190 4,087 3,955 3,794 3,603 3,379 3,122 2,830 2,501 2,133 1,726 1,276 783 244 (342) (978) 1.1280099 1.1264821 1.124201 1.12113 1.1172309 1.1124641 1.1067887 1.1001621 1.09254 1.08387674 1.07412479 1.0632349 1.0511561 1.0378354 1.0232179 1.0072469 0.9898634 0.9710063 r=r � � � � D N 3 � (D 7 7 C � � N � � N � � N � m � � rn 5 � m � m w Attachment number 2 \nPage 1 Prospect Towers of Clearwater, Inc. 801 Chestnut Street Clearwater, Florida Proposed Conditional Term Sheet Submitted by the City of Clearwater Economic Development and Housing Department May 14, 2012 Located at 801 Chestnut Street, Prospect Towers of Clearwater, Inc. (Towers) has been incorporated since 1969 with building completion in 1971. The Towers is governed by a Board of Directors comprised of 11 local individuals who are responsible for management and administration, with day to day rental and building management being handled under contract by Presidio Realty which employs on-site administrative, rental and maintenance personnel. The Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one- bedroom units. The property is a seventeen story building and parking lot. According to the Pinellas County Tax Assessor's Office, the property has a FY 2011 Market Value of $8,148,236. One goal of the City is to provide availability and accessibility to decent affordable housing to residents of the City. The objective is to rehabilitate existing housing developments that provide affordable rental housing. To reach this objective, the City provides funds to owners of rental housing developments to assist in the rehabilitation of their housing units in a housing pool. Funds in the pool are provided through various housing programs made available by local, state and federal government agencies. The programs include the Local Housing Trust Fund Program, the State Housing Initiatives Program and the HOME and CDBG federal programs. On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application for funding to renovate Prospect Towers. The renovations will include replacing water tanks, air handlers, replacing pipe insulation, modernizing the elevators and various other improvements. The total project costs are estimated to be $800,000. Economic Development and Housing Department staff reviewed Prospect Towers of Clearwater, Inc.'s application and has recommended conditional loan approval subject to approval by the City Council. The conditional approval is based upon the following terms: 1. The City will make a loan available in the amount up to $500,000 through HOME and Pinellas County Local Housing Trust Programs funds. The loan terms will include a$6,000 repayment provision in 2012, a$12,000 repayment provision for year 2013 through 2016, and the balance amortized over 25 years at a 1% interest rate per annum. Item # 6 Attachment number 2 \nPage 2 2. Prospect Towers of Clearwater, Inc. must maintain an affordability requirement by maintaining four of twenty HOME-assisted units rents at the low HOME rents level and sixteen of the units at the high HOME rent level for a period of thirty years (total of 20 units). It is encouraged that all other units remain affordable with rents at or below the Fair Market Rents as defined annually by the U. S. Department of Housing and Urban Development. 3. Prospect Towers of Clearwater, Inc. will enter into a mortgage and Land Use Restriction Agreement with the City for the amount of the loan. The mortgage, note and land use restriction agreement will be recorded. 4. The $800,000 loan will include the costs for the renovations and closing costs. 5. Prospect Towers of Clearwater, Inc. will perform annual income certifications and re- certifications for the tenants of the HOME-assisted units. The annual income of the tenants in these rental units must be at 80% or less of area median income. The agency will forward the certifications to the City annually. 6. At closing, loan funds will be placed in escrow with a title company. All payments must be approved by the City or its agent. 7. Housing that is rehabilitated must meet all applicable State and Local Codes, rehabilitation standards and ordinances. 8. All HOME-assisted units must meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1977. 9. Prospect Towers of Clearwater, Inc. must allow annual on-site visits for compliance with property standards, rent and occupancy, lease requirements and tenant selection. Item # 6 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Consider recommendation by the Parks and Recreation Advisory Board to rename the North Greenwood Recreation and Aquatics Complex (NGRAC), located at 900 North Martin Luther King Jr. Avenue, to "The Walter C. Campbell, Sr. Recreation and Aquatic Complex." SUMMARY: At the January 12, 2012 City Council meeting, Council directed the Parks and Recreation Advisory Board to hold public hearings for the purpose of considering the renaming the NGRAC. Therefore, in accordance with Commission Resolution 94-12, the Parks and Recreation Board conducted ard advertised a public hearing to consider recommendations far park names. A public meeting was held on April 24, 2012 at the NGRAC. The Board received three names for consideration. The Board ranked the names in the following order: 1. The Walter C. Campbell, Sr. Recreation and Aquatic Complex 2. The Walter C. Campbell, Sr. Community Center 3. Dr. Martin Luther King Jr. Recreation Center Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the park be named "The Walter C. Campbell, Sr. Recreation and Aquatic Complex." Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Ratify and confirm the City Manager's approval to issue a Purchase Order to Keystone Excavators, Inc., of Oldsmar, FL, for $142,750 for the soil and delivery of the soil needed for the construction of the North Greenwood Athletic Fields located at the Jack Russell Stadium parking lot. (consent) SUMMARY: On April 5, 2012, the Council approved a new Capital Improvement Project entitled North Greenwood Athletic Fields (CIP 315-93629) for $300,000; to be funded from Community Development Block Grant (CDBG), and amend the project budget to recognize a$25,000 donation from Clearwater For Youth (CFY), as well as any additional funds available from CDBG, when either a written agreement is provided or when the funds are received. Additional funds of $70,000 were secured from CDBG to complete construction of the field and $25,000 from CFY is pending. In arder to meet the deadlines imposed by this project and the requirements associated with the CDBG funding to have the project completed no later than June 30, 2012 it became necessary to issue a purchase order to Keystone Excavators, inc. for the soil needed for the project. By the time this item reached Council, it would be too late to complete the project. Staff is recommending that the Council ratify and confirm this decision. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $142,750 Not to Exceed: For Fiscal Year: Appropriation Code 315-93629 Bid Required?: Other Bid / Contract: $142,750 20ll to 2012 Amount $142,750 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: � $142,750 25-12 None Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Approve the First Amended and Restated Memorandum of Understanding between the City of Clearwater, a municipal corporation of the Siaie of Florida, and Ruth Eckerd Hall, Inc., a Florida Not—for—Profit corporation, delineating th responsibiliries of the parties with respect to the purchase, rehabilitation, operation, and maintenance of the Capitol Theater and Lokey Building (403 and 401 Cleveland street) and if acquired, the building at 409 Cleveland Street; and autharize the appropriate officials to execute same. (consent) SUMMARY: In 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas III (Penny III) for a$4 million— improvement to the Education Center at the Marcia Hoffman Institute at Ruth Eckerd Hall. It was approved by voters as part of the Penny III referendum. Subsequently, in 2008 the City of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Understanding (MOU) concerning the acquisition, renovation, operation, maintenance and temporary utilization of the properties known as the Capital Theatre and the Lokey Building (403 and 401 Cleveland Street). It was anticipated that the subject properties would be incorporated into an expanded and renovated Capital Theatre to be owned by the City and operated by Ruth Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later in 2008, followed by a transition in leadership at Ruth Eckerd Hall, the opportunity to move forward with a contemplated fund raising campaign by Ruth Eckerd Hall was interrupted and the purposes of the MOU and the Penny III project were largely unrealized. Ownership of the 403 and 401 properties were transferred to the City and the theatre is being operated on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have remained dormant. Under the leadership of a new President /CEO of Ruth Eckerd Hall, a new capital and renovation strategy has been developed involving both the Capital Theatre and Ruth Eckerd Hall ep r se. Ruth Eckerd Hall wish to move forward during the next several years with renovation of both facilities under a redesigned and expanded concept. This led to a renegotiation of both the MOU and the relative participation of the parties in the Capital Theatre proj ect and the Penny III appropriation, in order to efficiently and effectively facilitate successful completion of the two facility renovations and capital funding. The results of those negotiations are reflected in the attached amended and restated MOU. Key provisions of the new agreement are: In order to increase the effectiveness and operability of the Capital Theatre, Ruth Eckerd Hall will attempt to acquire the property located at 409 Cleveland Street, and subsequently transfer the property to the City for Fair Market Value (FMV) , as established by the median point of two independent appraisals; The City will re—designate the $4 million Penny IIIappropriation from Education Center use to Ruth Eckerd and Capital Theatre renovation, to allow the Capital Theatre construction to be fully funded and proceed without further delay. Ruth Eckerd Hall, in exchange, agrees to assume responsibility for funding the entire Ruth Eckerd Hall and Education Center improvements contemplated through their capital campaign. Cover Memo The City will advance the $4 million for Capital Theatre from reserve funds and will later reimburse the reserve fund from the re—classified Penny III funds, when they become available. Item # 9 Prior to commencement of operation of the Capital Theatre, Ruth Eckerd hall agrees to establish a$2 million operation and maintenance endowment fund for the Capital Theatre, and to add 100,000 annually for 10 years. From a City financial contribution standpoint, the difference between the total cost commitment of the City under the current and proposed MOU are summarized below. The Proposed total will be increased by the amount of the purchase price for 409 Cleveland Street. Summary— Proposed—City Construction $7.3 million Original Property Acquisition $2.4 million TOTAL $9.7 million +/— Summary— Current—City Original Property Acquisition $2.4 million Education Center—Penny $4.0 million Construction $3.8 million TOTAL $10.2 million Review Approval: 1) Office of Management and Budget 2) Clerk Cover Memo Item # 9 Firs# Amended and Restated Ruth Eckerd Hall Capitol Theater Memorandum of Understanding This First Amended and Restated Memorandum of Understanding (herein after referred to as the "Memorandum") is made and entered into this day of .lune, 2012, between the City of Clearwater, a municipal corporation of #he State of Florida,(hereinafter referred to as #he "City") and Ruth Eckerd Hafl, Inc. a Florida non-profit corporation, (hereinafter referred to as "Ruth Eckerd Hafl"). This Memorandum replaces the Memorandum of Understanding between the parties dated December 9th 2008. This Memorandum is entered into by the City and Ruth Eckerd Hall for the purpose of formaEizing the i�tent of t�e Parties rela#ing to the responsibilities and obligations regarding #he rehabilitation, operation and mainter�ance of the Capital � Theater, formerly referred #o as the Royal#y Theater, an� the Lokey building (403 � and 40� Cle�eland Street} and if acquired, the purchase of the building at 409 �' Cle�eland Street (hereinafter collecti�ely referred to as the "Project"). It is the in#ent that Ruth Eckerd Hail enter into a long term lease and operating agreement (herein after referred to as the "Agreemer�t") with the City for the purpose of reno�ati�g and operating the Capitol Theater. To that extent: The City has purchased 403 (purchase price of $975,000.00) and 401 {purcf�ase price of $1,335.000.00) Cle�eland Street properties. Ruth Eckerd Hall wiil undertake the purchase of the property at 409 Cle�eland Street at its expense. Ruth Eckerd Hail will obtain a contract for the purchase of 409 Cler►eland Street by no later than J�aly 1, 2012. As soon as possible after the contract has been obtained, the City Council shall consider a contract to purchase the property from Ruth Eckerd Hall at fair market �al�e to be determined by two appraisals obtained by the City. Ruth Eckerd Hail s�ail be responsible for any cost beyonci the City's purchase price. In the event that Ruth Eckerd Haif is unable to obtain a contract, for any reason, on said property by .luly 1, 2012, the Agreement shafl move forward without the inclusion o# said property. 2. Ruth Eckerd Hall estimates the tata! Project cost to be $93.25 million, broken down as follows: $2.95 millian for purchase and closing costs, including 409 Cle�eland Street, $7.3 million for construction a�d renovation and $3 million for an endawment fund. 3. The total Citylpublic commitment fs approximately $9.7 million for the Project plus the City's cost of acquiring the 409 Cleveland Street pro�erty if applicable. The City has $3,612,209 remaining of its original commiiment for the rehabilitation and construction of this Project. The parties ha�e agreed that t�e City shall recfesignate the $4 million of Penny for Pfnellas Dollars currer�tly proposed to be used for the Ruth Eckerd Hall education building to the Project. $3.5 million shall be used by the City to fund the remaining portion of the constructian casts. The $500,OOO.QO shall be held by the City until such time as the Project is completed. Following comp�etion of the Project, it is intended tFtat the remaining funds be transferred to Ru#h Ecke�d Hall for use in the construction of the ecfucation center. T�e City's obligation to fund the $7,112,209 for reno�ation and construction costs is contingent upon the Ci#y and R�tth Eckerd Hall entering ir�to the leaselmanagement Agreement for the Capitol Theater as provided herein and committing to fund the Endowment furtd as required in this MemorandUm. 4. in order to facilitate the Project rlesign, planning, fund-raising a�d construction, the City agrees to make a�ailabis up to $250,000 firam its Proje�t contri�ution for conceptual design and construction plan tfevefopment. The funds will be released upon appro�al of this Memorandum and either acquisition of 409 Cle�eland St. or determination that 409 Cleveland Street will not be acquired, and presentation of architect and engineer estimates acceptable to the City for said activities. Construction and consulting services obtained for this project with City funds shall comply with °� State and City requirements for bidding and contrac#ing. � E a� 5. Ruth Eckerd Hafl and the City wiil wark coo�eratively to identify and obtain � other publfc funding sources, which will reduce the City's contributian toward the construction and renovation, beyond the initial purchase price and closing costs of $2.4 milfion. 6. The parties agree that it is not the intent that the City subsidize the ongoing operations and maintenance, except as otherwise pro�ided herein, of the Capitol Th�ater following rehabiliiation of the facility. To that end Ruth Eckerd Hall shall establish an endowment fund exclusively for the Capitol Theater of $2,OOO,DDO prior to commencing operatiar� af the reno�ated facility. Additionally, Ruth Eckerd Hall shall add $100,000 a year for 10 years to the Endowment Fund. T�e parties further agree ta review the necessary amaunt to be held in this fund for angoing operations and maintenance five years after Certificate of Occupar�cy is issued and every fi�e years ti�ereafter. �ollowing each re�iew, the parties may negotiate an adj�stment to the required endawment. The terms, conditions and uses of the Endowmen# Fund shall be finalized in the Agreemer�t. 7 The City will wark wit� Ruth Eckerd Half to �acate the alleyway behind the Capitol Theate� and relocate the utilities in a timely manner to allow for expansion of the stage house. The Parties �ecognize that there are factors outside af C�ty control that affect the vacating. In the event the alley cannot be vacated, it is the fntent o# #he Par#fes to move forward with the rehabilitation under a modified plan. 8. Ruth Eckerd Hall will accept responsibility for the construction and not seek any additional fundiRg #rom t�e City beyond what is stated in this document for the cor�struction and reno►►ation of the Project including the cost af relocation of the utilities. 9. At t�te request of Ruth Eckerd Hall the Ciiy Council agrees ta consider rescindi�g the previous historic designation of the Ca�itol Theater and Lokey building. Ruth Eckerd Hall is proposing a new exterior design which will 2 enhance the project. Ruth Eckerd Hall shall submit the final exterior and interior design to Ci#y Council far approval prior to cammencemen# of t�e Project. 10. Once the renovation of the Capitol Theater is complete, Ruth �ckerd Hall will be responsibl� for the ongoing annual maintenance for the normal opera#ion of #he facifity inciuding, but not limited to narmai wear and tear for saund, iighting and theatrical equipment, theater seating, electrical and HVAC system maintenance, etc. Since the construction will install mos#ly new systems and equipment, i# is befieved that there wauld be no major capital impro�ements required for at least fi�e years. The City will pro�ide funds for major capital impro�ement items including roof, total HVAC systems, etc. The Agreement will establish the types of capitaf improvements that will be the City's responsibility and those to be funded by the Endowment Fund. rn 11. All tt�e terms and conditions of this Memorandum as well as additior�al terms � and conditions customary to such transactions shail be subject to further � delineation and clarification in the Agreement for the premises between the — City and Ruth Eckerd Hall. Because time is of the essence, the parties intend to �romptly negotiate and complete said Agr�ement. 3 CITY OF CLEARWATER, FLORIDA Gearg� Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Date Rosemarie Call City Clerk ��- � a — 2.3 a �. Date 4 rn � E a� � Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Approve a contingency contract with Motley Rice, LLC., for representation for claims arising out of the April 20, 2010 Deepwater Horizon Spill and its aftermath and authorize ihe appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater may have some lost revenue attributable to the Deepwater Horizon oil spill of Apri120, 2010. Specifically, reduced marine gas sold and reduced parking revenues for that time period may be directly ar indirectly caused by the oil spill. Motley Rice, LLC is a law firm that will investigate and evaluate any such claims the city may have regarding this situation. If Motley Rice concludes the city has valid claims, they will represent the city in a lawsuit to pursue such claims. Motley Rice has contracted with Kwall, Showers and Barack to be their local counsel for this and any similar claims in the Clearwater area. Motley Rice would not be paid an hourly fee, but a percentage of any amount recovered by the city. Motley Rice would pay Kwall, Showers and Barack a percentage of the fees they receive. If no recovery is made, the city will not owe any fees ar eXpenses except in certain circumstances outlined in the agreement. If Motley Rice recommends settlement and the city elects to proceed to trial and recovers no money damages at trial, the city will be liable for expenses incurred by Motley Rice in prosecuting the claim. If the city terminates the agreement befare the claim is completed, the city will be liable for fees and costs incurred. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 \nPage 1 MOTLEY RICE LLC CONTRACT OF INVESTIGATION AND REPRESENTATION I liereb}- retain aiid einplo}� tlie la�v fiun of ?��iode�r ltice, I,I.0 (hereinafier "I�11Z�� [O lI1V"CSC1�r1Ce a17C� CV1IL11Le 2IIy :31]C� 1ll CIa11175 I ma}° ha�Te agtinst BP, Halliburton, or Transocean arising out of the rlpri120, 2010 Deep�vacer Horizon Spill and its ;�ftermath. If �IR concluc�es I have valid cltims diey �vill proceed to represent me vi pursuit of all such cl:tims. i�IR has made no guarantee or assurances of any� kind regarding niy clum's likeliliood of success. This coutract does not cover anF= inatters for me, an�T memUer oE my fanult, or an�= odier person or entit�� e�cept as specificall5- set forth above and does not include filing any* c11im For �vorkers compensarion coverage or other state or federal employee benefits. '�IR ma}• take all steps u� this mattcr dcemea byr them to be �dvisable for dze im�esti�ation and liandling of my Claim, includ'uig 6irin� investigators, e�pert �vimesses and/or other attorneys and filing an�T legal action necessary; �=oting on m}r behalf in any banl;ruptcy proceeding or class action relevant to die scope of this representadon; endorsing (as mS� agent) m�r signature and depositing cherks made payable to me into l�IR's SC ui�st account(s) (or its co-counsel's tn.ist accounts as h�iR c�eems ap�ropriate} to process and ��isburse the proceeds of anF recoven� on iny behalE. ;�4R ha5 advised me chat chey hnve attarneys worlcing �vith che Plauitiffs' Steering Committee in i�1DL2179. 1"hey further ad�-ised me the�� support the �farch 2012 :�greement In Principle �vitl� I3P that �vould lead to a Class ��cuon Settleinent process SL1pCYVised bv the caurt. i��IR �vill seek to be appointed onc of tl�e Class Counsel in the Settlement. I LIPKLSSLY C�NSENT to �117 seiving as C11ss Counscl. 1�Ilt shall c�ercise its independent professional jud�ment u� advising me on the Class rlction and ho�v m}' claim �cill be evaivated. I retain tl�e aUsolute right to iemaui in the class if eligible or to timely opt out of the class. I understand that as Ciass Counsel MR �vill represent all members of the class including me. I also understand that if i opt out of the cllss �IR will remain as Class Counsel but also may serc*e as m�= counsel foi all purposes, �ZCFI�T diey �vill not represent ine as an objectc�r to tl�e cl�ss. I Fllfil)CI llriCjCY5t117(� 15 C�ASti COUI1Sf:I MR 517aII 1pp�}' tU CIlE.' C.OUL'I fOY aCLOliley's Eees for their Coimnon Benefit �vork on behalf oF tl,e cl�ss and such iees are in addition to and sepa.rate Erom fees I agree to pa}> for i�IIt's representation of ine. 1 agree to A�IZ seeking such Conunon BeneFit fee. 1�vill pay D�LR �tt�rneys' fees ("Fees'� as set forth below out of the total amount recovered and calculated on my total ��ross recavery befaie reduction of costs and e�pendihires: (i) Bciore thc filing of au ans�ver or the dein�nd for ;�ppoinunent of 1rUicrators, or if no 1ns�ver is filed or no demand Eor appointment of arUitrators is niade before die e�pi�.�ation of the tirne period provided for such action, Fees �vill be as follo�vs: (a) 20°,io of an}- recojrery up to �1 million; plus (b) 20°'0 of an}1 portion of the reco�-eiy bettveen � 1 million 1na �2 inillion; plus (c) 20� o of any portion of the recoreiy esceeduig �Z million. (u) rlfter the filing of an ans�ver or the demand for appointment ot arbitrators, or iEno answer is Filed or no dcmand far appoinanent of aibitrators is made duru�g the time period provided for such action, Fees will be as follo�vs: (a) ?0°�0 of anp rec�veiy up to S] million; plus (b) ZO°, o of an�7 portion of the rcco��eiy between $1 million and �2 �nillion; plus {c) 20°.'0 of an�� pordon of the recovery escec:ding $2 million. {iu) If all deicndants ldinit li:,bilit}' at the tune of filiiig their ans�c=ers and request a t�ial only on damages, l�ees �vill Uc: as Eollows: {1) 20% of any recovers- up to �1 millioa; p�us (b) 20°.•'0 of any portion of the recoveiy between �1 million and �2 inillion; plus (c) 1�°�0 of an}r portion of die recover4= etceeding S2 million. FL April 2, 2Q12 7:32pm Pagc 1 of I I te m# 10 14odcy l�icc LT,(; Indiriilual Cnntract �>f Im�c;ci�don and Rcpm.cnc:itirm Attachment number 1 \nPage 2 Iii additian to the Fees noted above, an additional 5% ot" ane grc�ss recover�� will be cl�ar�ed as a Fee if any appellate piocecding is filed or post-jLdgineut relief or action is iequired for recovez-� on tlie jud�netit. If my Claim is handled through �,ml N�, ?1�9, �-�tIZ �y�ill deduct from these Fees, any bold bacl� requiiement set Earrh in the BP ML7L Coust's Januan= 18, 2012, ordcr, ar any subsequcnt applicable ordcr. I ma�= accept or reject ant� fuial setdement offer after receiving i�IR's advice. I�vill not nego[iate ox enter any sectletnent unl�ss a NIlt representauve is presenC. \�IR may recommend that my Claim be l�andled 1s a part of a larger numbcr vf indi��idual clauns �vhich ma�� be aggregated For settlement and/or [rial preparation. :�ccatciinglti-, :'�1It may enter a�ie�ate setclement negotiations on my bchalf and disclose m�� name, the amount oFn�y proposed setdeinent, the nature of rn}' damages and all other inFormaaon relevant to evahiation of settlement va3ues to otl�er clients �vhose claims are included in the aggregauon of C.18ll11S. If no recove.r}' is made, I�vill not o�ve i�•f.R Fees or etipenses e�cept as specifically pro��ided herein. �IR has associated �v-ith the La�v OfFice oF Thomas L. Young, P.A. in Tampa, Floxidl and I��t�all Showers c.� B:uack, P.,�. u� C1eaLlvatet, Floiic�a, to act as co-counsel to help handle mp Claiin. IbIl2 �vill pa�� che La�v Office of Thomzs L. Young, P_A. 15% and I��e-a11 Sho�vers & Barack 15% of any Pees I pay hiR. The ciivision of Fees is the fact th�t h1R a.nd the La�� Office of Thomas L. Youn�, l'._�. and Iti�vall Sl�o�vers & Barack, P.��. have assumed joint responsibility, �vhich includes all firrns being avail;ible co consult ticith me. The �mount of rees that I pay will ,rot be increased b�r co-counsel's �vark. I«rill provide mt� �vrictr:n consent to an�' ethically compliant modification of this fee division ainong co-counsel associated on my case. NIR mz�- associate addiaonal co-coun_,el if I�Ilt believes it advisable or necessary> 1nd �'ut may divide �ui�� Fees �vitll sucl� co-cc>unsel. If :�112 associaces addiuonal co-caunsel, I�vill be nodfied in �vxiung of such co-counsel's identit�-, the Fee share, and the basis for ic. If askcd, I�ti-ill give mS= �vritten consenc to ivllt's clioice of such co-counsel and the specific Fee division with co-counsel. The amount of Fees that I p:�}- �vill not be increlsed by the �vork of co-counsel associated to assist �vith tl�e handling of mp Cl�im and such co-counsel tvill be paid b�7 NIR out of the rees I Pa�� to MR• Except as provided else�vhere herein, �vliile representing ine �LR �vill advance all espe�ises uicurred on mtr behalf in prosecuting n�� Claim, including, but not lu�uted to, espenses for filing, seivice af process, court reporters, investigations, ezpert �vitnesses, consultants, phoCOgraphs, posta�e, deliver�-, compuierized research and reasonable travel and tr:insport�rion. 1'hese espeuses «�ill be deducted from my share oE an� recoveL�t- on my Claiin after all 1=ees are calculaced and deducted. If �IR recornmends d�at I settic m�= Claim but I elect to proceed to trial and recover no mone,r• damages at trial,lbLR inar collecr from me its reasonable espenses incuried in prosecuting my Claim. Certaiu e�penses inay be incurred in a jouit eFFort to prosccute all class or a�7regated claims and I�IR is audlorized to prorate such joint e�penses lmang all die class or a�egated cllims. L'nder some circi�mstances, healdi insurers, �voiker's compens�ttion carriers, 01 otheis �cho have paid benefits or provided scnrices on m�� behalf may c�aim a ri�ht to recover a portion of tlie proceeds of an�r action brought un my behalf and ma}� place IvII'� on notice of their Claun. Escept as nia}' lie iequired Uy la�v, i�IIt �vill not protect any cl:►un of a subrogation carrier or oth�r creciitor without my consent. If MMR receit�es notice of an}� such claini, it may be required to ]i�ld a pordon of anj- recovenr on m�r Clallll lll tri75C, and VIR may do so. This contract may be canceled by �vritten natificaaon to the attorneys at any tuize wid�in three (3) business days of the date tlus conuact �vas signec�, anc� if canceled tl�e client sliall not be obligated to pay any Eees to the attorney for the �vock performed during that tiine. If the attoiney l�as advanced funcis to odiers in rcpcesentation oE the client, the attorne}'s 1re enuded to be reimbursed for such amounts as the attorneys have reasonzbly advanced on behalf of the client. 1��ereafter, I can terminate i��fR's representation of ine 1t am� tune by providui� �vritten notice to I�IR at its I�1t. F'leasant address. If I do so pcioi ro the full conelusion of �IR's sercices under this co��tract, i'vITZ has a ciaun for anpaid litigation espenses and Fees �vhich be due upon receipt Uy me oc by any successor attorne�� of recover�r proceeds �vith respect to any remaining portivn of mt7 Claim. I gr:u�t M1Z a charging lien on die proceeds of an�� recovere on my Claun and aud�orize 1�1R to gi�re notice ro ant� person as necess:u� to enEorce tlus lien. IvIR may �vithdra�v fxom representing me if it determines prosecuung incr Claim is not feasiUle, �vorth�vhile, or meritorious; iF I fail to comply �vitli recluests for i��focm�tion in a avthful 1nd com��lctc fashion, subinit to one or more depositions, a��ear at trial, respond promptl�� to cammunications, or odier�vise f1i1 co coopeiate �vith mj- attorne}s; or for an}T otl�er reason pernutted b�� the court or applicable rules of professional conduct. i�I. Apri12, ZOI2 i:32poi �� f � Item # 10 tiLxlc�' I�ICC I.I,�. It1tI1C1tIU:lI �.oriC[:l[C <1F I�7Pl'tiI1�S"�lt�<)�l ;Ii1cI RC�TI'Sl•f)f�lf1U0 Attachment number 1 \nPage 3 1 �vill nouF�- i�-LR unmediatel*• if m� telephonc nu�nbcr(s}, StYCft �CIaTESS, mailing address or emlil address changes. IY anvther attornee contacts ive reg.11CLing iny Claim or asks me to ant,' meetin� about it, T ��ill promptlp infoim 2vfR. "1`he undersi��ed client has, before signing this contract, recei.�ed and read Tlie Staternent of Client's Rights and understands each of thc rights set forth therein. The undersi�ied client has signed the statement and received a signed copg to refer to «�lule being represented bp thc undersigned attome�rs. I f an�° term or provision of this contract is decl�red or detennined by ant� court to be illegal or invalid such part shall be c�cluded from d�is contract, but die validity of the remauiing parts, telms, or provisions shzll not be affected. Tlus contract constitutes tl�e complete and esclusi�re statement oF the agreement Uet�veen I�LR and me regarding my Clauu and supersedes an�- and all prior agreement(s), espcess ar implied, oial or �vritten, benveen us �vith respect thereto. This contrlct clnnot be modiFied e�cept in a�vrituig signed bt° each part�� to this cantract. This contraet �vill not be effective until Motley Rice LLC, the Law Office of Thomas L. Young, P.A. and K�vall Sho�vers & Barack, P.A. and I have signed belo�v. I have read and understand this contract and agree as stated above. Cin of Clearwarer . 5i�za ture Naine (plcase print) Z.mail �lailin� �lddress Accepted by Modey Rice LLC: TIN/EIN Dare SSN Phone NumUer rltrorneq's Signahire Accepted by the Laiv Office of Thomas L. Young, P.A.: .�ttorney's Signature Accepted by K�vall Sho�vers & Barack, P.A.: � n _lttorney's Signature Name Name Name Cell Ntunber D1te Date l �5=/i �z.. v:�c� FL Al�ril Z, 2U72 7:321,n� 1'a�;i 3�>e � I te m# 10 h{utic4 Iticc ]J.(: Indi�•idual Contrict of lm�c,ti�,•ahrm and R��rc,crtauon Countersigned: George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attachment number 1 \nPage 4 CITY OF CLEARWATER, FLORIDA � Attest: William B. Horne II City Manager Rosemarie Call City Clerk Item # 10 Attachment number 2 \nPage 1 STATEMENT OF CLIENT'S RIGHTS FOR CONTINGENCY FEES Before you, .lze �rospective client, arrange a contingent fee a� eement with a lauryer, you should tuide��stand this statement of your rights as a client. This statement is not a part of the actual contract between you and yoiu lawyer, but, as a prospective client, you should be aware of these rights: 1. There is no legal requirement that a la�ryer charge a cHent a set fee or a percentage of money recovered in�a case. You, the client, have the rin�l�t to talk �vith your ia�vyer about the proposed fee and to bargain about the rate or percentage as in any other eontract. If you do not reach a�i agreement with 1 lawyer you may talk with odier lawyers. 2. Any contingent fee contract must be in writing and you have 3 business days to reconsider the contract. You may cancel the contract widiout any reason if you notify your lawyer in writing witlun 3 business days of signing the contract. If you withdraw froyn the contract within the first 3 business days, you do i�ot owe the la�vyer a fee altho�►gh you may be responsible fa• the lawyer's achial costs during that tune. If your lawyer begii�s to represent you, your lawyer may not .uithdraw from the case �vithout giving you notice, delivering necessary papers to you, a�id allotiving you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing frona a case. If you discl�arge your lawyer without good cause after tlie 3-day period, you may liave to pay a fee for work the lavvyer has done. 3. Before L.irin� a lawyer, you, the client, have the right to know about the lawyer's education, training, and experience. Tf you ask, the lawyer should tell you specifically about the lawyer's actual e��erience dealing with cases sinula�• to yours. If you ask, the lawyer should pro��ide infonnation about special traiiung or Icnowledge a�id give you this infonnation in writing if you request it. 4. Before signing a continaent fee contract with you, a la�vyer nnist advise you whether the lawyer intends to ha�idle your case alone or �vhether other lawyers will be helping with the case. If your la��vyer intends to refer die case to odier lavvyers, the lawyer should tell you what kind of fee sharing arrangement will be made �vith the other lawyers. If la�vyers from different la�v firnls will represent you, at least l lawyer from each law firm must sign the contingent fee contraci. 5. If your iawyer intends to refer your case to another lawyer or counsel with otlier lawyers, your la�;ryer,should tell you about that at the begiminig. If your lawyer takes the case and later decides to rPfer it to another lawyer or to associate .vith other latvyers, you sliould sign a new contract that includes die new la��vyers. You, the client, also have the right to consult with eacli lawyer �vorkin� on your case and each lawyer is leb ]ly responsible to represent your interests and is legally responsible for d�e acts of the other la«ryers involved in the case. 6. You, di� client, l�ave the right to la�ow in advance how you will need to pay the expenses and the le�al fees at tlie end of the case. If you pay a deposit in advance for costs, you may ask reasonable q!�estions about how tlie money will be or has been spent and how mucl� of it remains unspent. 1'our lavvyer should give a reasonable estimate about firture necessary costs. If your la�vyer agrees to lend or advance you inoney to prepare or research the case, you have the right to know perioelically how much money your la��yer has spent on yow• behalf. You also have tlie right fo decide, after c�nsulting with your lawyer, how much moi�ey is to be spent to prepare a case. If you pay the expenses, you liave the ri�ht to decide how much to spend. Your lawyer Rev. 06.02.10 Item # 10 Attachment number 2 \nPage 2 should also infoml you «�hether the fee will be based on the gross ainount recovered or on the amount recovered min�ls the costs. 7. You, tlie clie�it, have tl�e right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequeuces nught iuclude money that you nvght have to pay to your la�vyer for costs and liabiliry you might have for attorney's fees, costs, and expenses to the other side. 8. You, tlie client, have tl�e right to receive and approve a closing statement at the end of tlie case before you pay any money. The statement must list all of the financial details of the entire case, including the aniount recovered, all expenses, and a precise statement of your lawyer's fee. Until you ap��rove the clasing state�nent your lawyer cannot pay any money to a��yone, including you, �vithout an a}�propriate order of the court. You also have die right to have every lawyer or law finn working on your case sign this closing statenient. 9. You, the client, have the right to ask your lawyer at reasonable intervais ho�v tlie case is progressing and to have tltese questions answered to the best ofyour lawyer's ability. 10. You, the client, have the right to make the final decision regarding settlement of a case. Your la��vyer must notify you of all offers of settlement Uefore and after tlie trial. Offe�s during the trial must be im�nediately communicated and you should consult with your lavvyer regarding whether to accept a settlement. However, you must n�ake dte final decision to accept or reject a settlement. I 1. If at any time you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavioi- of all la�vyers in Florida. For inforn�ation on how to reach The Florida Bar, call �50/561-5600, or contact the local bar association. Any disagreement between you and your la�vyer about a fee can be taken to court and you may �vish to lure another lawyer to help you resolve ilus disagreement. Usually fee disputes must be handled in a separate lawsuit, unless your fee contract provides for arbiiration. You can request, but may not require, that a provision for arbitration (�inder Chapter 682, Florida Statutes, or iuider the fee arbitration rule of the Rules Regulating The Flori&z Bar) be included in your fee contract. Client I�Tame Client Signature � rorney Si��ahire Rev. 06.02. ] G Date �-/l' /2 Date Item # 10 Countersigned: George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attachment number 2 \nPage 3 CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Cierk Item # 10 Work Session Council Chambers — City Hall Meeting Date:6/4/2012 SUBJECT / RECOMMENDATION: Approve legal services agreement with Gina Grimes, Esq. at Hill Ward and Henderson for representation of the Community Development Board, Building/Flood Board of Adjustment and Appeals, and other boards as necessary. (consent) SUMMARY: Gina Grimes has represented the Community Development Board since 2005 in order to prevent potential conflicts of interest of inside counsel. It was recently necessary for Ms. Grimes to represent the Building/Flood Board of Appeals. Ms. Grimes' current Legal Services Agreement references representation only to the Community Development Board. Additionally, Ms. Grimes' hourly rate has not been increased since 2005 and is currently $140.00 per hour for representation and $105.00 per hour for travel time, well below the local average. A new agreement will include reference to the Building/Flood Board of Appeals and other boards as necessary, and will increase Ms. Grimes' hourly rate to $150.00 per hour for representation and $105.00 per hour for travel time. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 1 \nPage 1 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the day of , 2012, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City") and GINA GRIMES, ESQ., Hill, Ward & Henderson, Suite 3700 Barnett Plaza, 101 Kennedy Blvd., Tampa, FL 33602 ("Counsel"). WITNESSETH: WHEREAS, the City wishes to retain Counsel to provide Attorney Services to the Community Development Board, the Building/Flood Board of Adjustment and Appeals, and other boards as necessary. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide attorney services as described in and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attorney services to the Community Development Board, the Building/Flood Board of Adjustment and Appeals, and other boards as necessary, which shall include legal advice, document and ordinance preparation, attendance at board meetings, and other services as directed by the City. SECTION 3. TERM. This Agreement will be effective from June 1, 2012 and shall remain in effect unless cancelled pursuant to Section 9. SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $150.00 per hour for attorney services and $105.00 per hour for travel time, plus reimbursement for reasonable compensable expenses subject to Board approval. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to Counsel for reasonable out-of-pocket expenses as determined by the City without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount of $2,000,000. This provision shall survive the termination of this Agreement. Item # 11 Attachment number 1 \nPage 2 SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediatety cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. THE CITY OF CLEARWATER � George N. Cretekos Mayor Approved as to form: Attest: Pamela K. Akin Rosemarie Call City Attorney City Clerk Attest: GINA K. GRIMES, ESQ. 2 Item # 11 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8319-12 on second reading, annexingcertain real property whose post office address is 2172 Burnice Drive, together with ihe abuiting right—of—way of Burnice Drive andogether with the additional right—of—way abutting� 160 and 2166 Burnice Drive, into the corporate limits of the ciry and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 12 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 City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 12 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 Item # 12 Ordinance No. 8319-12 Attachment number 2 \nPage 1 EXHIBIT "A" Legal Description for Property located generally at 2172 Burnice Drive. Parcel 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 additional right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. Item # 12 Attachment number 3 \nPage 1 5v F ay N i� c roap ]g 80 81 82 � - N n� N 101 90 el,�� . � � N � ' ��O N N N N N 9&I VI UNlVERSlTY CT ry ^� 1 y ° ,o� e9 ti COLLEGE DR � ,�� a � � ti � z N h N ry h N F t��. � F � 88 � N N N 131 132 133 $�� 156 87 � 86 85 84 83 2 � 55 Z ,� so2 0 137 F 136 N 135 F a 34 °p �1�y 105^ m 106 107o t08n 103c.� co 110 3 r� N N N N Y F tn�- � F F ti N N N N N N iO3 S UNIVERSITY DR 4 .- a7� o� a Q a- S ti,ti0 N ry N N N N e' N N N N � F tV N N w !23 122 121 120 119 118 117 116 tt5 114 113 112 1i1 � 5 6 •,r • •• • •f'. .g.. .' ' �'� � ' �� ;� •': •��a•• .N4a• �9�,� � 4�•• 'jB, .' . �.• 7 6 •�$. 4 3 2 1 �e,• •�1. o w i • ��,�`,• � • ��' '�� g �� h� n a�o °m 1200 � 'l201 37 •• � K .•�'1 .c:' N N '�• N N IV � . • �ii1�IVLC�.�R;•': ..rn'. '. 2 as � '•• :�: . , :� •; .:.: ;:;'. : :: , � �so� .aV .�; ..�• N e.� '.�.• �.n.' .c�'o•,� .�eo�.; ;►�°,.:.� tr`- t°p. F 1220 . • .K' .�V•� �s~�' .of,.�. .�� N N � N O • ' ' 3 N h39 •21.r "22� .�23.� 29 • • �+ . •..� :?�7,•. �'• 'r'... �•;•.•. N N .:�'�.. �& .'�. • ,25... ..�..�. ,•�Sp,•, 31 32 33 34 ; �. ; : : . . , � ; � : ' • . . , , �'. : ' . . � 70254 g ;'3� ",2�.•.� ��1.. .g'.� .g�' ;�.�' .'g.. :`��•y.,'• •.4`' .'�. ;z,• �f•�•� � :pq! ,• . ,-�: •b� • ��• �•. �:�. •�•rrrr�•;•.L�� .:. '• .. .•• :�„ •�,� Q h e�y ��. :8• '.m', :�:� '�: ,v �08' ..�� :m:. ��•' •�: �;J ��'�. � `„ n =^� �N • •� •;ry:, �'�. c�"",y N 4�`t' •,a'i• ' ��. .�.. f4'.' w 4 7 . e : .. .. :.�E�;L;•,�',I�E'R�Li,R:. .. ,:. ':•! V �,�. , , , . .;, . ... .. _• :, ..,.,.• ,:� � �• r � .,� . . �.. f � :�°�; . �� ,' �,y. 5 ' �' ' I '• ' �', •• ' w . . •e�' • ' .`�', • •e" � ' � • Y• F . • . `:.' , ` `��,o-••• . F�.1. ,•^ • •• ti • � 7226 8 �PiDB: . a� �w�" � : +`"• . 'S�' ; ;�r , K.a 2o N V% .r.� :E • . . . . � � — — •.s.: •�• •�;�-s....: .•yt.••'-n:: '•a�- �•1a•.• :�1�.`'��' ;a�� .•aa' :•ta:'�!�� 6 s . • 21 1231 .i6. •�15'�. `;ki' •.i3, • .. • , •• , 1233 'e� •ao.. •��. %�:.; � ... .. 1 8 •�F..F. �. . � . .�••� �• ... ;cr ;fii' � ' �' •`�' . , • , ••• ••• ' 1243 . • 93. � �'r • . �nim4'�. � ;f•' •� � ?��s ' � �$ � • •?��r,•, : : � •�A SB • • Ac � . . Z Propose� Annexation Owner: Brown, Brandy Case: ANX2012-0200] Site: 2172 Burnice Drive Property 0.237 peres Size Acres : 0.3098 acres ROW Land Use Zoning P I N : 2429-15-31050-000-0050 From : RL R-3 To: RL LMDR A�Ic�s Page: 3088 Exhibit "B" S:1Planning DepartmentlC D S1Anne7cations (A1VX}IActive CaseslBumice Dr 2I72 ANX2012-02001 - BrownlMapslANX2012-��ti'41' # � 2 Proposed.doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8320-12 on second reading, amendingthe future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post off'ice address is 2172 Burnice Drive, together with the abutting right—of—way of Burnice Drive and together with the additional right—of—way abutting 2160 and 2166 Burnice Drive, pon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: Cover Memo Item # 13 Attachment number 1 \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 Cateqory 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 Item # 13 Attachment number 2 \nPage 1 EXHIBIT "A" Legal Description for Property located generally at 2172 Burnice Drive. Parcel 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 additional right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. Item # 13 m � N l�1 N Ck �y unrrveRSrrY cr •^ N N N n N a�e w I �,N� � N ti N � N N N �kD 2 �p0 ti � 'L'`66 4,'16` � n N ry S UNlVERSlTY DR ^ � � � � O� N N N N COLLEGE DR N � � T q N N N N N Attachment number 3 \nPage 1 9B4 W L $ Toa " s z . f• .. ..r.•�. ..a`0��.�a•' • ��V'1.�� '�� •�• ••� . �� N • • • ��• � �� P.•• �Il� � t0 � ��q . h � OQi �2� T2�T rL .'M • �N.�. N N �V . N N (V � � �{i��:�R'•': :::�= .r.'. , R • ¢ • ,:�. •.�• � . . • ... . ,... .. . . , taor � P] 1'/ �} 1� � 1(� � �F .• h• • �ro • O� 1q �' r � �y . . �` . � �N • W .�•� . iyD�. • Mp. . . � 41 A i22� ni' N � �. ••�.� ••• N•.�•• M• • cy�� • N N N f• • • �r•�• f• •. Q N N � � G,LPNMOOR RD . . ' . :� . . ; , '. . _ •�, : � .�•. :� ' : �: :p. ' •� �o . : '•. :�;. = :,.' . . . • '� w � � •�, :� •.�• -H. •�,:.:�: .'�-� � .�.�;. .�. :�• :�. .'�:': �• �'� 'K •.� • • �: .N • • �• m , .. .: . �: .�L,�L; ;�f� . • •• y ��:;- ' r�' ' • � : : �:. r�''"�; :.i'�', . �n : �.��•'.�� '� r• �• '•�� .' • �,• ' • o�. lzzs ••��• .'tV. '4r: .•M� '�Y �^Nr. •N. �N: :XI. .� •�� N aru's: .. .. •.. � ::� � -, :: .. ,z31 R .. .. .. 1233 ��. �; ., ..�.: , ;:�.�.. �� :��. :; � ;: . " : .�:.�Y: . . : . . � f•�.:.� 1243 � � � �� ' . . �B :'��.6AS,i4llix�AKVI(�Y :� ''� . • '��' ' . ': Owner: Brawn, Brandy Site: 2172 Bumice Drive �and Use From : To: RL RL Future Land Use Map Zoning R-3 LMDR Exhibi� "B" Case: Property Size (Acres]: PIN: Atlas Page: ANX2012-02001 0.237 acres z 24-29-15-31 d50-000-0�50 308B S:IPlanning pepartmentlC D BlAnnexations (AN�lActive CaseslBumice Dr 2172 ANX2012-0200I - BrownllvfapslANX2012-�2ov1 '# � 3 Future Land Use.doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8321-12 on second reading, amendingthe Zoning Atlas of the city by zoning certain real property whose post office address is 2172 Burnice Drive, together with the abutting right—of—way of Burnice Drive and together �iih the additional right—of—way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 14 Attachment number 1 \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: Propertv 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 Item # 14 Ordinance No. 8321-12 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 14 Ordinance No. 8321-12 Attachment number 2 \nPage 1 EXHIBIT "A" Legal Description for Property located generally at 2172 Burnice Drive. Parcel 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 additional right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive. Item # 14 � N N M N N h urv►veRSrrv cr N � I N I �. a h (V N tV p0 �� s� ti 2�'3" ti4� �• � h �y S UNlVER5lTY DR � � � � N ty N i � � m "' 'o �i q N � N N COLLEGE DR m m � ro al N N N N .. f• . . �'•..• • .1 . ..p. ..�.' . ..�...'.. .:..�.. +.: I�• �.'- . �. R . �� N�• . � � �� .V.� •�It��' m � Iryv•.• � � Of 'i2� � j+i � •• 'l`J • �N � � • N N � . N N � N . . . • �l��:DI'�-:': .'. � .w•'• � .� ••�. . � ti^nT N • , � •••'d'••^ }•� ' .'�P•, n. � �P`°-: • ^ m a ?22� � . •�.N.' • • N•.�•�� . . fij.. . N N N ar� ' . r�• '1� ' �a� .'" �°' '�;� ��: 'a� �'� �� m� .�'� :�'= �� . ��'�.. �5�. �4' '�c�y� N •:ry., �N. .N�• �� •w.,. 'q� :^l' '�'a. •.N.. •'fy•�• ' '= ' :�C� X; •�i`lEER'L}� : :; '. �f• . ��. }� f•�.�. � . f :.. . .•� �. . .c\ . . u.;.. � 7. y� • tA'i� • • � 1- . • I� • •..•� �x .'�. ,�: `' • . N . �Rf': .M • .N, �•�' • � ��, • • N:• :ZCi. �.'�4• �.�N� n� :2fl?6 . • • . . ��. ••�� •��'� . :ry�o. ::. .. ... �� ... ,., . f•�.. . r•�.. -�'�,6AS�IIY�fliCV1('Y;•,:• '': • . • '?��' : : : : Owner: Srown, Brandy Site: 2172 B�rnice Drive From : To: Land Use RL RL Zoning Map. Case Property Zoning R-3 LMDR Exhibit "B" PIN: Atlas Page Attachment number 3 \nPage 1 9B4 W a a roa " — $ z° ' o'� �� 126i \ 1207 W Q N N � GLENMOOR RD W _ V � w N N m � i225 1239 1233 t2as I • ��s A NX2012-0204 � 0.237 acres : 0.3098 acres ROW z 24-29-15-31050-000-0050 �i�� S:1Flanning DepartmentlC D B1Anneacations (ANX)1Active CaseslBurnice Dr 2172 ANX2012-02001 - BrownlMapslANX2012-�ZQpI� �# � 4 Zoning.doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8325-12 on second reading, annexingcertain real property 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. SUMMARY: Review Approval: Cover Memo Item # 15 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 City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 15 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 Item # 15 Ordinance No. 8325-12 r. T � ' g',� '.2'.� � i . . . ' :��,5 I : �,:' : �:�;� � �:� . . • .� � •. � ; .•i :'. ;�: .�j; :=;�� .'3. .�� •i .� • 7T . • : �,�9 . • �',� -0 .�. ��' ��.� �� `�"��,.� .••1."• � 1� � ��•! .�. i�.. .�.•; �3' •2. .�� •,T�' .17.�.� • .•� � . :�� ::��. � � � �: , . � � ;� .. . �.$. .. .+� :�: •'A�°o• • �•I .3. '�� •�� Q� .as- -si'; '�,� � �'�' ; � � .•I O :�;`� . �� .fi' �.'��:.•� • �.� J Q, •K' � ' °? .•• . �• S°y : : : ' : •s. •:.. �1 � ::�.:J � Attachment number 2 \nPage 1 � i � .•g $ aa �� M - 8(19; � � m � ;, f. Q M � � � � qg 42 •4�• J 22 Zg � pq z - � w x 33 � 34 35 � 36 87 tl, 38 0 39 m. F• 4Sj •• ., Q 28 2� 34I 31 32 I I ' N M M . � � - � � M M M •,M• h N�?O�B p, [r I SAN BERNADINO ST . � � �' `" � $ F � F ,� $ SAN BERNADINO ST I N P'� ai 7i�H �'+ ZOSOE n M M 32 � 31 30 27 26 25 ^ � _ za za �o� 17 � 1$ � 19 20 0 21 � 22 N 2� pq N I �" F F F \" F � q � � �i q $ sa►v marEO sr S , . o �. ?�. � o~i: .� M • • °� • ,`"S'�. �`"'1 � BOS '. ;�;. �.•��• '.1A�• 13 '.j�;. 19 10 9 � 2 3 °o - q o aN- 4:°. 5 et 6° �'° 8 T ti !�. i"� M : �`Fi �`�3 �`Ff q Pi � � THOMAS RD s r � �053 1 3 N •;M,•: ••.'l•' K � J O � 2 p ti e�,. m• • N I ~ M M q �;�'• .��. n� �� :��:�: ' ',� � '�� s :;� .�� ,�:. "�' :�, '�' .� : �b''�"f F�, . • -'��`� 0�3 �`^'+ : �}: :. •. . . . • .' � : ...�:.• :'•' . �:. ; '•� �• •' F • E , �: ., G � •FI... r�, . .501: , .. ; .�..:.. . . _ ''�'�": ::� 409 anfe 35 � 3g I 37 � gg 42 98 44 45 AB � �� `i M M $ sanr�rarEO sr � I 49 I 50 I 51 � 52 � 53 PROP�SED ANNFXATlON MAP �wner. Cheveresan, Nick & �ctavia Case: Site: 3113 San Mateo Street Property Size Acres : La�d Use Zoning PIN: From : RU R-3 To: �U LM�R AtEas Page: Exhibit �'.A" �; 22.zo a,� c�, ANX2012-02002 0.166 acres 09-29-16-20808-000-Oi40 2$3A S:1Planning DepardnentlC D B1Annexations (AN�lActive CaseslSan Mateo St 3113 ANX2012-02042 - CheveresanlMapsv��i� # 15 02Q02 Proposed Annexation Map,doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8326-12 on second reading, amendingthe future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post off'ice address is 3113 San Mateo Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 16 Attachment number 1 \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 Category 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 Item # 16 CG ^ R� � 0 0 � � � .. °; a � � � •� • �y _ RL — . � -; o � � ; 0 0 — .___ _. ^ ^ e.,;-� O O I RL � i � �� O � `� b p M M MERF��4�. A1XL�� ::°.°,�rs� � � o ; q "' ii RL � � o � ° `3I ° " ' °.•i M {��j � /afOa!fi.xtl/�°:�°°; � �•� �I a .; � o R� i = �84� � o� R/OS �° � � CG �` I�U 0 N � �M M SAN BERNADINO ST � M �o� � � N �"> M RU o � � � � M � M M M M N �p � M � � N M .aoa I �os I Attachment number 2 \nPage 1 � �; � �— � �� - _ RL � � � I � � � � � SAN BERNADINO ST � h � r�j M c�} M RL � —�- SAN MATEO ST o� N � ^ P � � O �� N M M� �O� cy M cy M 607M M` �'' c� c� cy 608 � �� :U � SAN MATEO ST RU ti■■� , _ � �, � � � � M � M M ° ° ° � � RL ^ I � �`�i v � M �h M M M r� <h � THOMAS RD RU � � � O V N � � � M M t� �"� {h �h "�° •1%I��L.F� RD �o. .. � � � n O � N ^ N M M M M M r� �^,� RU R/OS 501 !'. �u_ ��, 421 409 ante i—� FUTURE LAND USE MAP Owner: Cheveresan, Nick 8� Octavia Site: 31 13 San Mateo Street Land Use Zoning From : To: RU RU R-3 LMDR Case: Property Size IAcresl: PIN Atlas Page ANX2012-02002 0.166 acres 09-29-16-20808-000-0140 283A C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.OuTlook\S29TIX6V\ANX2012-02002 �� # 16 Land Use Map.doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8327-12 on second reading, amendingthe Zoning Atlas of the city by zoning certain real property whose post office address is 3113 San Mateo Sireet, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 17 Attachment number 1 \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 Zoning District Lot 14, Del Oro Gardens, according to the Low Medium Density Plat thereof, as recorded in Plat Book 45, Residential (LMDR) 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 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 Item # 17 Ordinance No.8327 -12 George N. Cretekos Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 17 Ordinance No.8327 -12 , r. .� = '.v ; . . .°..: . �. . . �•, ••�. ;; ;�; .�; ... . :� • • ..��' • � : �,•: •�� - :�.. :�•: f�,`, .�.��. .. ••IC ••m• •• •• . �f►1�►E�IL,',L• :�1'1l�: ': : � • : �:: r• �: . • � '• � '•� •y • � •ti i r O � �3•: � ;�;, `�: O � ;�J�f1��T��F.;:" Z i-� • K�• •• . � ••�• ••�• .0 . .. . , ." ' ' '. ! C�I � M M M � • 6og. ' : r• Q � m ..' � �, �.'�. � ST � �, h N � M �os � � M M M �o� r N N o] o�l dN' � � (q � n] M SAN MATEO ST THOMAS RD � Q t' � ;jV •�: P�'� � M � M = a5 ' :kVt�l,�FG Rl� :�: . o � • 4x,.. ••�. ••�• .�i.• •c�y •ry � •i7 �. : � ' • q•� M ;e�:�' M � '•:'.:' .. �. � . , r.. ,•�•"'•.•�. •�.. • •• . 409 ante - . � ZONING MAP Owner: Cheyeresan, Nicic & Octavia Case: Site: 3113 San Matao Street ��operty Size Acres : �.and Use Zoning P1N: From : To: � RU RU R-3 LMDR Exhibit "A" Atlas Page: Attachment number 2 \nPage 1 � 0 a � � � � M � M M SAN BERNADlN4 ST � � � � M 7Qf N Of � m M � SAN MATEO ST h � F1 � os� ANX2012-020Q2 0.166 acres � ^ � � � 49-29-16-208Q8-400-0140 283A S:1Planning DepartmentlC D B1Amiexations (ANX}1Active CaseslSan Mateo St 3113 ANX2p12-02002 - CheveresanlMapslAN�Y'B� # � 7 02002 Zoning Map.doc Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8329-12 on second reading, adoptingthe City of Clearwater Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections 13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for severability. SUMMARY: Review Approval: Cover Memo Item # 18 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: Item # 18 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 perjury,. which certifies that two (2) Domestic Partners meet the reqistration requirements as described in Section 13.2. (b) City Clerk means the Citv Clerk of the City of Clearwater or such other person or office approved by the City Council to administer the Domestic Partnership registr� (c) Dependent is a person who resides within the household of a registered domestic partnership and is: (1) A biological, adopted or foster child of a registered Domestic Partner; or (2) A dependent as defined under IRS regulations; or 3) A ward of a reaistered Domestic Partner as determined in a auardianshia or other leqal proceeding_ Domestic Partners means only two adults who are parties to a domestic partnership and who meet the requisites for a domestic partnership as established aursuant to Section 13.2. (e) Health care facility includes, but is not limited to, hospitals, nursing homes, hospice care facilities. convalescent facilities. walk-in clinics. doctor's offices. mental health care facilities and any other short-term or long-term health care facilities located within the City of Clearwater. � Jointly responsible means each Domestic Partner mutually agrees to provide for the other qartner's basic needs while the domestic aartnershia is in effect, except that partners need not contribute equally or jointly to said basic needs such as food and shelter. (g) Mutual residence means a residence shared by the Registered Domestic Partners; it is not necessary that the le aq I ri.qht 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 qlace but intends to return." Section 3. That "Section 13.2. Registration of Domestic Partnerships." is created as follows: Item # 18 Attachment number 1 \nPage 3 "Section 13.2. Reaistration of Domestic Partnershi (a) A domestic partnership may be registered by any two (2) persons by filing an affidavit of domestic partnershia with the Citv. which affidavit shall complv with all requirements set forth in this Chapter for establishing such domestic partnership. Upon payment of any required fees, the City Clerk shall file the affidavit of domestic partnership and issue a certificate reflecting the registration of the domestic partnership in the City. The Clerk must maintain or arrange for maintenance of an online searchable database of the domestic qartnerships which have been registered with the Cit rL. An affidavit of domestic partnership shall contain the name and address of each domestic partner, the signature of each partner, the signatures of two witnesses for each partner siqnature, and each partner shall swear or affirm under penalty of perjury that: (1) Each person is at least eiqhteen (18) years old and competent to contract; Neither aerson is currentiv married under Florida law or is a aartner 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 jointly responsible for maintaininq and supportin tq he registered domestic partnership; (5) The partners reside together in a mutual residence; (6) Each person agrees to immediatel�y the City Clerk, in writin , iq f the terms of the Registered Domestic Partnership are no longer applicable or one of the domestic partners wishes to terminate the domestic partnership; and Each aerson exaresslv declares their desire and intent to desianate their domestic partner as their healthcare surrogate 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 aartnership certificate issued bv the Citv Clerk to reflect a chanae in his or her legal name or address. Amendments shall be signed by both members of the registered domestic partnership under oath." Section 4. That "Section 13.3. Termination of Registered Domestic Partnership" is created as follows: Item # 18 Attachment number 1 \nPage 4 "Section 13.3. Termination of Registered Domestic Partnership. a) Either partner to a registered domestic partnership may terminate such registration by filing 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. A registered domestic partnership will automatically terminate upon notice to the Citv Clerk of the following events: 11 One (or bothl of the domestic aartners marries in Florida: (2) One of the domestic partners dies (provided however, the provisions relating to funeral and burial decisions shall survive); or 31 One of the domestic aartners reaisters with another partner. The marrying, surviving or re-reqistering domestic partner(s) shall file an affidavit terminating the domestic partnership within ten (10) days of one of the occurrences listed in (�(1)-(3) above." Section 5. That "Section 13.4. Maintenance of Records; Filing Fees." is created as follows: "Section 13.4. Maintenance of Records; Filing Fees. a) 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. The City Clerk is authorized to establish fees for the filing of any affidavits, amendments, and the issuance of any certificates required by this ordinance, subject 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. Item # 18 4 Attachment number 1 \nPage 5 If Pinellas County, Florida establishes a domestic partnership reqistry law that is substantially similar to the City of Clearwater's Domestic Partnership registry code provisions, the City Clerk shall collaborate with Pinellas County to determine whether a joint registration system will most efficiently serve our citizens. The City Clerk will bring any recommendations for joint administration to City Council for its consideration. If such a joint registry is established, the references herein to the City Clerk shall then mean the filinq officer for the ioint registry 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. Rights and Legal Effect of Reqistered Domestic Partnership. To the extent not suaerseded bv federal. state. or other citv law or ordinance. or contrar�ghts conferred by contract or separate legal instrument, Re isq tered Domestic Partners shall have the followina riahts: (a) Health Care Facilitv Visitation. All health care facilities operating within the City shall honor the Reaistered Domestic Partnership documentation issued pursuant to this code as evidence of the partnership and shall allow a Registered Domestic Partner visitation 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. Reqistry as a domestic partner shall be considered to be written direction bv each aartner desianatina 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 care 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. Any statutory form, including but not limited to, a living will or health care surrogate desiqnation in the form prescribed by Chapter 765, Florida Statutes, that is properly executed after the date of reqistration which contains conflictinq 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 bv 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 reqistration, in which case the later dated authorization and directions shall control. Item # 18 Attachment number 1 \nPage 6 (d) Notification of Familv Members. In any situation providing for mandator r�or permissible notification of family members, including but not limited to notification of familv members in an emeraencv. "notification of familv" shall include registered Domestic Partners. (e) Pre-need guardian designation. A person who is a party to a registered Domestic Partnership, pursuant to Section 13.2 above, shall have the same riaht as anv other individual to be desianated as a preneed auardian qursuant 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 plenar�,guardian 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 guardian designation, 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 agreements or contracts. a reaistered Domestic Partner shall have the same riahts to participate in the education of a dependent of their registered Domestic Partnership as a biological 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 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." Section 7. That "Section 13.6. Limited Effect." is created as follows: "Section 13.6. Limited Effect. (a) Nothing 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 agreement. (b) Nothing in this article shall be construed as reco_ nq izing or treating a registered Domestic Partnership as a marriage." Section 8. That "Section 13.7. Enforcement." is created as follows: "Section 13.7. Enforcement. Item # 18 Attachment number 1 \nPage 7 A registered Domestic Partner may enforce the riqhts under Section 13.5 by filing a private judicial action against a person or entit ir�n any court of competent jurisdiction for declaratory relief, injunctive 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 # 18 7 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Adopt Ordinance 8330-12 on second reading, amending the Stormwater Utility Rates for fiscal years 2012 through 2016. SUMMARY: Review Approval: Cover Memo Item # 19 Attachment number 1 \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,�9� 12 10/1/99 13 10/1/a-9 14 10/1/�1- 15 10/1/-a-� 16 Per ERU $�-�-1-� $�9 $�5-1- $�-:94 $�-�—.5-9 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 # 19 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 1 \nPage 2 Item # 19 Ordinance 8330-12 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 20 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Tampa Bay Estuary License Plate fee increase from $15 to $25 — Vice Mayor Gibson SUMMARY: Review Approval: 1) Clerk Meeting Date:6/4/2012 Cover Memo Item # 21 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Political Campaign Signs - Mayor Cretekos SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 22 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Transportation Subcommittee Meetings - Councilmember Jonson SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 23 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/4/2012 Density and Parking Incentives for Affordable Housing Developments: take item off table and reschedule public hearing for June 20, 2012. — Councilmember Polglaze SUMMARY: At the May 17 council meeting, the motion to take "Approve amendments to the Community Development Code providing density and parking incentives for affordable housing developments" off the table failed due to lack of a second. Councilmember Polglaze has requested further discussion. In order for the inatter to be discussed, the item must be taken off the table, requiring a motion to be passed in the affirmative. Since the matter is a public hearing, council must schedule the hearing and comply with public notice requirements. If there is consensus to move forward with the discussion, a motion will be required at Thursday's council meeting. Review Approval: Cover Memo Item # 24 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: End of Session Report - Rep. Frishe SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 25 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: End of Session Report - Peter Dunbar and Martha Edenfield, Pennington Law Firm SUMMARY: Review Approval: Meeting Date:6/4/2012 Cover Memo Item # 26 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Hurricane Awareness Proclamation SUMMARY: Review Approval: 1) Officia] Records and Legislative Services Meeting Date:6/4/2012 Cover Memo Item # 27