01/15/2004
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 15, 2004 - 6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized,
then state your name and address. Persons speaking before the City Commission shall be
limited to 3 minutes unless otherwise noted under Public Hearings. For other than Citizens to
be heard re items not on the Agenda, a spokesperson for a group may speak for three (3)
minutes plus an additional minute for each person in the audience that waives their right to
speak, up to a maximum of ten (10) minutes. Please obtain the needed form to designate a
spokesperson from the City Clerk (right hand side of dais) and return it to her prior to the start
of the meeting. Up to thirty minutes of public comment will be allowed for an agenda item. No
person shall speak more than once on the same subject unless granted permission by the City
Commission. The City of Clearwater strongly supports and fully complies with the Americans
with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you
require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using beepers, cellular telephones and other distracting devices
during the meeting.
1. Invocation
2. PledQe of AlleQiance
3. Service Awards
4. Introductions, Awards and Presentations
a. Home of the Quarter.
b. Noise Abatement Task Force update.
5. Approval of Minutes - Regular Meeting December 18, 2003, and Special Meeting
December 30,2003
6. Citizens to be heard re items not on the AQenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions - Comments in support and in opposition (3 minutes per speaker or
10 minutes maximum as spokesperson for others that have waived their time).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
7. Public Hearing & First Reading Ordinance #7233-04 - Approve the applicant's request to
vacate all street rights of way and easements as dedicated on the plat of Chesapeake
Villas, as recorded in Plat Book 70, Page 42 of the Official Records of Pinellas County,
Florida less and except any portion of Bayview Avenue and vacate all easements and
street right of way portions contained in a parcel of land generally bounded on the west by
Bayview Avenue, on the north by Drew Street, on the east by McMullen Booth Road, and
on the south by Cleveland Street and Virginia Avenue, said parcel more particularly
described in the proposed ordinance. (V2003-04 - First Baptist Church)
Commission Agenda 2004-01-15.doc
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Rev.: 01-01/15/04
Quasi-judicial public hearings:
All individuals speaking on these items will be sworn-in.
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be cross-
examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for
others that have waived their time).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
8. Public Hearing & First Reading Ordinances #7218-04, #7219-04 and #7220-04-
APPROVE the Petition for Annexation, Land Use Plan Amendment from County
Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density
Residential District for 1813 Brentwood Drive (Lot 8, Lake Lela Manor in Sec. 24-29-16).
ANX2003-09023 (Serafino Caraco)
9. Public Hearing & First Reading Ordinances #7221-04, #7222-04 and #7223-04 -
APPROVE the Petition for Annexation, Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from
the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density
Residential District for 309 and 323 Meadow Lark Lane and 3040 Carolina Avenue (Lots 1-
6, Block 6, Bay View City Subdivision in Sec. 07-29-16); ANX2003-09024 (Crum
Properties, LLC)
10. Public Hearing & First Reading Ordinances #7224-04 and #7225-04 - APPROVE a Land
Use Plan Amendment from the Industrial Limited (IL) category to the Commercial General
(CG) category and a Zoning Atlas Amendment from the IRT, Industrial Research
Technology District to the C, Commercial District for property located at 1219 South Fort
Harrison Avenue, 509 Jeffords Street and 508 & 512 Grand Central Street (Lot 7 and the
North 50 feet of Lot 8, Block 6; Lots 5 & 6, Block 6; Lots 1-4, Block 6, Milton Park
Subdivision in Sec. 21-29-15). LUZ2003-09008 (O'Keefe's, Inc./G. Anthony Du Quesnay)
11. Public Hearing & First Reading Ordinances #7226-04 and #7227-04 - APPROVE a Land
Use Plan Amendment from the Residential Low Medium (RLM) category to the Commercial
General (CG) category and a Zoning Atlas Amendment from the MHP, Mobile Home Park
District to the C, Commercial District for property located at 2261 Gulf to Bay Boulevard (A
portion of M&B 32/121 in Sec. 18-29-15). LUZ2003-09009 (George & Margaret Bruning,
TRE/Eva Bruning/Georgia V. Lenard, TRE/Ralph & Jean Englert-Trust)
12. Public Hearing & First Reading Ordinances #7228-04 and #7229-04 - APPROVE the initial
City Future Land Use Plan and Zoning Atlas designations for property located at 2301
Chautauqua Avenue (Lots 1-6, Block 42; Lots 1-26 Block 40; Lots 1-8, Block 41; Lots 1-13,
Block 43; Lot 4, Block 38, all in Unit 1, Section A Chautauqua on the Lake Sec. 32-28-16).
The Future Land Use Plan categories are proposed to remain the same as designated in
the County and are as follows: Residential Suburban (RS), Preservation (P) and
Water/Drainage Overlay; and the proposed initial City zoning. LUZ2003-09010 (LHD
Properties, Ltd/Larry H. Dimmitt, Jr. TRE)
Commission Agenda 2004-01-15.doc
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Rev.: 01-01/15/04
Public Hearing - Second Reading Ordinances
13.0rd #7214-03 - Amending Ord. 2779-82 creating the Downtown Plan Redevelopment
Trust Fund and defining use of the TIFF (Tax Increment Financing Funds) related to the
Fund.
14.0rd #7215-03 - Approve an amendment to the approved Park Place Development of
Regional Impact (DRI) Development Order through the Notification of Proposed Change
process by extending the build-out date of the DRI by five years to December 31, 2008. (A
portion of Section 17-29-16).
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 15-35)
Consent Agenda items require no formal public hearing and are subject to approval by a single
motion. However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda for discussion and individual vote.
15. Approval of Purchases per PurchasinQ Memorandum:
1.Furniture Consultants, New York, New York - Furniture installation in the new Main
Library in the amount of $383,014.26. (LIB)
16. Approve interlocal agreements with the Pinellas County Property Appraiser and the
Pinellas County Tax Collector for services related to the billing and collection of special
assessments for the burial of power lines on Sand Key. (FN)
17. Approve deductive change order in the amount of $912,446 to the contract with Turner
Construction Company, 500 N. Westshore Blvd., Tampa, FL for the new Main Library
resulting in a new contract amount of $11,612,214. (LIB)
18. Approve the first amendment to the lease agreement for Thomas C. and Patricia A.
Wolkowsky d/b/a/ Marina Restaurant requiring liability insurance for the sale of alcoholic
beverages. (MR)
19. Approve Facility Leasing Agreement for the Long Center between All Children's Hospital
and the City of Clearwater for one year with automatic renewable one-year terms. (PR)
20. Approve a ten-year agreement from February 1,2004 - January 31,2014, between the
City of Clearwater and the FLA Sports Production, Inc., for the use of certain City facilities
at the Eddie C. Moore Softball Complex (fields 8 & 9). (PR)
21. Award a contract to construct the new Recreation Center and Skate/BMX Playground at
Ross Norton Park (bid #036-0021-PR) to Angle & Schmid Inc., St. Petersburg, Florida for
$3,118,778 which includes base bid and alternates 1.3, 3, 3A, 9,10,12,13,14,16; a
reduction in contingency to 2.5% and approve a change order deduct in the amount of
$284,072 for a net contract amount of $2,834,706; and approve the transfer of $379,293
from other capital improvement projects and $40,076 from Recreation Facility Impact Fees
at first quarter. (PR)
22. Approve an agreement between the DISTRICT BOARD OF TRUSTEES OF ST.
PETERSBURG COLLEGE, FLORIDA and the CITY OF CLEARWATER, FLORIDA for
cash match funding of $37,230 for the period January 1,2004 through December 31,2004
for the AmeriCorps Pinellas Project for support of membership. (PD)
23. Approve a contract with Bay Area Housing and Development Corporation to sell Lot 1,
CLEARWATER ESTATES, for the total sum of $67,000. (PW)
Commission Agenda 2004-01-15.doc
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Rev.: 01-01/15/04
24. Approve a contract with Suzanne Syvolavong to sell Lot 2, CLEARWATER ESTATES, for
the total sum of $50,499. (PW)
25. Approve a contract with Evan B. Kuehn and Louis R. Fernald to sell Lots 3 and 4,
CLEARWATER ESTATES, for the total sum of $116,150. (PW)
26. Approve the Local Agency Program (LAP) Supplemental Agreement No.3 with the Florida
Department of Transportation (FDOT) for the Clearwater Beach West Bridge/Spur
Connector. (PW)
27. Award a contract for the PALMETTO STREET DRAINAGE IMPROVEMENTS (02-0031-
EN) to MTM Contractors, Inc. of St. Petersburg, Florida for the sum of $1,993,197.15 which
is the lowest responsible bid received in accordance with the plans and specifications.
(PW)
28. Approve the final plat for "BELLEAIR COMMONS SUBDIVISION", located on the north side
of Belleair Road approximately 1/4 mile west of U.S. Highway 19 North. (PW)
29. Receive and File the Annual Report of Beach by Design Hotel Room Density Pool. (PLD)
30. Review Annual Report of Transfer of Development Rights (TDRs) Pursuant to Reporting
Requirement of Community Development Code. Motion: Receive and File Annual Report
for 2003. (PLD)
31. Appoint Linda S. Damsky (World Language Coordinator), Robert A. Friedman (Clearwater
Arts Foundation), Richard Wisemiller (Clearwater Sister Cities) and C.E. Snedeker (Local
Business) for terms expiring 12/31/2007 and Commissioner Hamilton, to the Sister Cities
Advisory Board. (ORLS)
32. Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida
General Partnership, conveying any interest the City may have to the Sea Captain property
located at 40 Devon Street, Clearwater Beach, Florida 33760. (CA)
33. Authorize the City Attorney to allocate up to an additional $31,000 in the defense of the
City and James Wood in the case of Palisano v. City, for a total amount of $206,000. (CA)
34. Authorize the City Attorney to allocate an additional $20,000 in the defense of Donald
Brown in the case of Palisano v. City, for a total amount of $80,000. (CA)
35. Approve negotiated agreement settling the case of GEORGE CA TIA, Individually and
MYRTLE CA TIA as natural guardian of GEORGE CA TIA v. CITY OF CLEARWATER,
CASE NO: 03-6745-CT-15. (CA)
OTHER ITEMS ON CITY MANAGER REPORT
36. Adopt Res. #04-01 to file a demolition lien for a total cost of $4,243.01 on the property
located at 1117 Tangerine Street; Legal Description: Greenwood Park No.2, Block D, Lot
26 (Owners of record: Jeralne C. Burt & Sylvia R. Burt, 900 N. Betty Lane, Clearwater, FL
33755) (DS)
37. First reading Ordinance #7239-04, repealing the development impact fees. (DS)
38. Adopt Res. #04-03 certifying that Religious Community Services, Inc. proposed project is
consistent with local plans and regulations and located within the City of Clearwater
Enterprise Zone #5202. (ED/HSG)
39. Approve Parks and Recreation Board recommendation naming City property located within
Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing
Avenue to the east, Prospect Lake Park. (PR)
40. Parks and Recreation Advisory Board - 1 Appointment. (ORLS)
41. IAFF Union Negotiations Update
42. Other Pending Matters
Commission Agenda 2004-01-15.doc
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Rev.: 01-01/15/04
CITY ATTORNEY REPORTS
OTHER CITY ATTORNEY ITEMS
43. City Manager Verbal Reports
a. Parking on Cleveland Street
44. Other Commission Action
45. Adjournment
Commission Agenda 2004-01-15.doc
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Rev.: 01-01/15/04
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A Report to the Clearwater City Commission
On the Progress of the Pinellas County Noise Abatement Task Force
The St. Petersburg-Clearwater International Airport is currently facing several significant issues,
including Noise Abatement, Runway Extension and Airport Expansion. These issues are related, but
separate. Therefore, this report does not deal with Runway Extension and Airport Expansion, as they are
outside the scope of the current mission of the Task Force. The intent of this report is to briefly outline
the steps taken by the Task Force, the Airport (PIE) and the County to address public concerns regarding
aircraft noise in neighborhoods.
The Noise Abatement Task Force was established by the Board of County Commissioners via
Resolution 02-151 on August 20, 2002, and fIrst met on 2/26/03. Its mission was to address noise
concerns generated by aircraft landing and departing from St. Petersburg-Clearwater International
Airport. Additional meeting dates were 5/28/03,8/27/03, 10/16/03, and 11/19/03. There was no meeting
in December. Meetings are scheduled in 2004 on 1/28,2/25,3131,4/28,5/26,6/30, 7/28, 8/25,9/2/,
10/27, and 12/1. All meetings are held at PIE, in Conference Room 234 at 3:00 P.M.
Neighborhood residents and Task Force members have identified their concerns regarding aircraft noise,
four of which are:
1) Altitude of aircraft over neighborhoods
2) Flight path over neighborhoods
3) Noise levels over neighborhoods
4) Lack of sanctions for violating noise abatement procedures
The following breakdown briefly describes steps underway to address those four main areas of concern:
1) Altitude of aircraft over neighborhoods
Highlights of actions taken:
.a. PIE has met with the Chief of Air TraffIc Control and Terminal Radar Approach
Control- TRACON Manager) in Tampa, and all controllers in the area, to attempt to improve
Noise Abatement Procedures and to add additional aircraft to those covered by Noise Abatement
Procedures. PIE reports Air Traffic Control is open to improving procedures. (Currently, aircraft
under 60,000 pounds, and corporate and military aircraft, are exempt from Noise Abatement
. Procedures per FAA regulations). PIE is also looking at voluntary compliance from corporate
and military aircraft.
b. Military aircraft are under direct control of the FAA and Air Traffic Control, who are working
with the military to mitigate noise issues. PIE has worked with the military to reduce night
practices by spreading them out over multiple airports. Additionally, Blackhawk helicopters have
recently acquired specific gear that allows them to practice over water instead of over land.
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c. Discussion is underway with the FAA on raising the ceiling of flights taking off and landing at
PIE so that aircraft would be at a higher altitude over noise sensitive neighborhoods. Because of
the high level of traffic from St. Petersburg-Clearwater Airport, Tampa International Airport,
MacDill Air Force Base, and other smaller airports, this complex issue requires a tremendous
amount of coordination regardin~ altitudes.
2) Flight path over neighborhoods
Highlights of actions taken:
a. The airport is in discussion with the FAA regarding a GPS approach for Runway 17L. Currently,
Noise Abatement Procedures are only applicable to flights during daylight hours and good
weather. A GPS approach would allow Noise Abatement Procedures to be in effect in darkness
and bad weather, which would help keep flight traffic away from noise sensitive areas.
b. Task Force member Tim Robinson, from Pinellas Park, submitted text and charts for suggested
flight paths south of the airport. PIE has taken these suggestions under consideration. This would
affect arrivals from the south. and would be a charted visual (like the North Bay Visual) rather
than a GPS approach.
3) Noise levels in neighborhoods
Highlights of actions taken:
a. Background: Current reporting of noise levels is in the format of a yearly weighted average (i.e.
a penalty or increase of 10db is added to night noise level), which residents feel can be
statistically very misleading. Residents don't see how data on yearly averages reflect what they
hear on a daily basis. In response to this criticism, County Environmental Management staff
were positioned at designated sites taking noise readings in neighborhoods under flight paths at
times when aircraft were present, and collected real time noise levels. However. that noise
monitoring was limited and temporary.
Action: The County is considering hiring a consultant to complete a more sophisticated and
comprehensive noise study to detennine where the noise is happening and how loud it is, and
then evaluate the information. A draft outlining the scope of the noise measurement project,
including a map of the proposed monitoring sites, will be presented at the January, 2004 meeting
as requested by Task Force member John Padavich.
b. See 2.a above.
c. Negotiations are underway with between PIE and UPS and AT A (the only two carriers with
flights still in the quiet window of 11 PM to 6 AM) to effect schedule changes.
d. New air carrier agreements will include language that flights must operate outside the quiet
window.
e. The airport is working with the commanders of the Army Reserve and Coast Guard to modify
their procedures to reduce noise in the quiet window.
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4) Lack of sanctions for carriers violating noise abatementprocedures
Highlights of actions taken:
a) Language is being added (0 carrier operating agreements so the airport will have some
contractual remedy for violations.
b) The airport is distributing information to chief pilots so that they fully understand what they
should be doing in regard to noise abatement.
c) The airport will let customers (the public) know which carriers are not being good corporate
neighbors (those violating Noise Abatement Procedures).
Additionally, a flight tracking web sitet one of only 11 in the nation, is up and running. When it is
running in "CurrentU mode, it is almost real time, with only a lO-minute delay. In this mode, you can
choose an aircraft moving across the screen, and click on a specific aircraft to get its type of aircraft and
altitude at that time. An hour later, or up to three months later, you can use Replay mode to enter the
date and time to get information about a specific aircraft, including place or origination and destination.
There is also a link to report problems via the web. Military missions are currently excluded from flight
tracking because of security concerns, although there are discussions to include some missions if the
military approves. The URL for the airport monitor website is http://www4.passur.comlpie.html.
PIE is looking at best practices at airports across the nation that are enforcing noise abatement
procedures. An example would be Logan Airpon, which also has noise monitors in neighborhoods. A
report will be distributed to the Task Force at its January, 2004 meeting.
In conclusion, the Task Force believes the County and the Airport are carefully listening to the residents
and members of the Task Force, and are working in good faith to find solutions to excessive aircraft
noise in neighborhoods. The Task Force realizes that this is a complex problem and solutions won't
come overnight (ex.ample: GPS approach nonnally takes 18-24 months to develop; PIE is hiring a
consultant to help expedite process by 3-6 months.)
While writing this report, I contacted Task Force representatives from Safety Harbor (John Padavich),
Pinellas Park (Tim Robinson) and Del Oro Groves (J. B. Johnson and Lucile Casey). They report there
has been little change in the excessive aircraft noise in their neighborhood, and feel there is much work
yet to be done. However, the prevailing opinion is that the Task Force, Airport, and County are headed
in the right direction and the Task Force attitude is positive that change will come about in time.
Respectfully submitted,
Saundra Curry
City of Oearwater Represent~tive to the Noise Abatement Task Force
January 15,2004
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Agenda Cover Me m orand u m
Tracking Number: 376
Actual Date: 01/15/2004
Subiect / Recommendation:
Approve the applicant's request to vacate all street rights of way and easements as dedicated on
the plat of Chesapeake Villas, as recorded in Plat Book 70, Page 42 of the Official Records of
Pinellas County, Florida less and except any portion of Bayview Avenue and vacate all easements
and street right of way portions contained in a parcel of land generally bounded on the west by
Bayview Avenue, on the north by Drew Street, on the east by McMullen Booth Road, and on the
south by Cleveland Street and Virginia Avenue, said parcel more particularly described in the
proposed ordinance, and pass Ordinance Number 7233-04 on first reading, (V2003-04 First
Baptist Church of Clearwater, Inc.),
Summary:
.The applicant is seeking to vacate all street rights of way and easements located within the
27-acre parcel to facilitate the construction of a new Calvary Baptist Church.
.Current plans submitted by the Calvary Baptist Church include a 1,916 seat worship center with
a three-story preschool/youth administration building.
.Planning, Police, Building, Solid Waste, Traffic, Gas and Fire officials have no objections to the
vacation request.
.Progress Energy, Verizon Media Ventures, Bright House Cable and Verizon has no objections to
the vacation request.
.The City of Clearwater presently has sanitary sewer, storm water, water and gas facilites on the
subject property.
.The City of Clearwater will require that easements be provided over all new and existing city
utility facilities that will be city owned and maintained.
.Public Works Administration has no objections to the vacation request.
Originating: Engineering
Section Administrative publiC ~
Cateqory: Vacation of Easements and Rights of
Way
User Department: Budget Office
Number of electronic documents
attached:
Public Hearinq: Yes
4
Advertised
Dates:
12/28/2003
01/04/2004
Financial Information:
~ Clearwater
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Review Approval
Michael Quillen
Cvnaie Goudeau
Fri'ln k Gerlork
Garrv Brumback
C it Y Com m IS S Ion
Agenda Cover Memorandum
12-19-2003
01-06-2004
12-24-2003
12-31-2003
09:25: 18
16:58:40
13:58:38
07:37:46
ORDINANCE NO. 7233-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, ALL STREET RIGHTS-OF-WAY AND
EASEMENTS AS DEDICATED ON THE PLAT OF
CHESAPEAKE VILLAS, AS RECORDED IN PLAT BOOK 70,
PAGE 42, OFFICIAL RECORDS OF PINELLAS COUNTY,
FLORIDA, LESS AND EXCEPT ANY PORTION OF
BAYVIEW AVENUE AND VACATE ALL EASEMENTS AND
STREET RIGHT-OF-WAY PORTIONS CONTAINED IN A_
PARCEL OF LAND BOUNDED ON THE WEST BY
BAYVIEW AVENUE, ON THE NORTH BY DREW STREET,
ON THE EAST BY MCMULLEN BOOTH ROAD, ON THE
SOUTH BY CLEVELAND STREET AND VIRGINIA AVENUE
SAID PARCEL MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, First Baptist Church of Clearwater, Inc., owner of real property located
in the City of Clearwater, has requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
Commence at the Northwest corner of the Northwest 1/4 of Section 16, Township
29 South, Range 16 East and go S.00036'37''W., along the west boundary line of
the Northwest 1/4 of said Section 16, 50.00 feet; thence S.89028'42"E., along a
line 50.00 feet south of and parallel to the north boundary line of said Section 16,
33.00 feet to the easterly right-of-way line of Bayview Avenue for a Point of
Beginning; thence, continuing along said parallel line, S.89028'42"E., 1155.36 feet,
to the west right-of-way line of McMullen Booth Road, per order of taking recorded
in Official Records Books 6860, Page 2371 of the Public Records of Pinellas
County, Florida; thence S.00037'34"W., along said west right-of-way line, 540.39
feet; thence N.89028'39"W., along said west right-of-way line, 50.00 feet; thence
S.00037'34"W., along said west right-of-way line, 380.40 feet to the north right-of-
way line of Cleveland Street; thence, leaving the aforementioned west right-of-way
line of McMullen Booth Road, N.89028'36"W., along the north right-of-way line of
Cleveland Street, 351.05 feet; thence N.00037'06''E., along said north right-of-way
line, 25.00 feet; thence N.89028'36"W., along said north right-of-way line, 118.00
feet; thence, leaving the north right-of-way line of Cleveland Street, N.00037'06''E.,
Ordinance No. 7233-04
124.13 feet; thence N.89028'37"W., 114.37 feet; thence S.00036'37"W., 169.12
feet; thence N.89028'36"W., 0.66 feet; thence S.00037'06"W., 142.11 feet; thence
N.89028'36"W., 35.00 feet; thence S.00037'06"W., 83.07 feet; thence
N.89028'34"W., 186.06 feet; thence S.00036'37''W., 95.07 feet to a point 10 feet
north of and parallel to the north right-of-way line of Virginia Avenue, according to
the Plat of Bay View City Subdivision as recorded in Plat Book 9, Page 43 of the
Public Records of Pinellas County, Florida; thence N.89028'34"W., 299.95 feet, to
a point on the easterly right-of-way line of Bayview Avenue - County Road No. 61;
thence, N.00036'37"E., along the easterly right-of-way line of Bayview Avenue,
330.25 feet; thence S.89028'36"E., along said easterly right-of-way line, 7.00 feet;
thence N.00036'37"E., along said easterly right-of-way line, 169.12 feet; thence
N.89028'37"W., along said easterly right-of-way line, 7.00 feet; thence
N.00036'37"E., along said easterly right-of-way line, 771.63 feet to the Point of
Beginning.
Containing 27.017 acres, more or less.
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7233-04
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City Commission
PLD I
Trackina Number: 360
Actual Date: 01/15/2004
Subject / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for
1813 Brentwood Drive (Lot 8, Lake Lela Manor in Section 24, Township 29 South and Range 16
East); and PASS Ordinances #7218-04, #7219-04 & #7220-04 on first reading.
Summarv:
The subject property is located at 1813 Brentwood Drive, on the south side of the street
approximately 180 feet east of South Keene Road and 110 feet north of Lakeview Road. The
applicant is requesting this annexation in order to receive City sewer service. The property is
contiguous with the existing City boundaries to the north and west; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject
site is approximately 0.23-acres in area and is occupied by an existing single-family detached
dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of LMDR, Low Medium Density Residential.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of
service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2003-09023) for the complete staff analysis,
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on December 16, 2003 and unanimously recommended approval.
Originatina: Planning
Section: Quasi-judicial public h
Categorv: Annexations, Land Use Plan and Zoning
User Department: Budget Office
Number of electronic documents attached: 8
Public Hearing: Yes
Advertised Dates: 11/01/2003
~~ City Commission
_--!genda Cover Memorandum '~---__W_.'..W_'_"""*AA",,_
Financial Information:
Review Approval
Leslie Douaall-Sides
12-19-2003 11:27:13
Garrv Brumback
12-31-2003 07:45:05
Cvndie Goudeau
01-06-2004 16:48:01
Bill Horne
01-06-2004 16: 18:35
rT',_'I<_-~""_"""_'m__<W_~l'''*~~l~mm'''''.<''''':\<\''''_<='>:l,,,m:M<'''<~,<,*l~~'i<,~,
COB Meeting Date: December 16,2003
Case Number: ANX2003-09023
Agenda Item: FI
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNER! APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
Serafino Caraco
1813 Brentwood Drive, located on the south side of Brentwood
Drive, approximately 180 feet east of South Keene Road and 110
feet north of Lakeview Road.
(a)
Annexation of 0.23-acres of property to the City of
Clearwater;
(b) Land Use Plan amendment from the Residential Low
Category (RL) (County) to the Residential Low Category
(RL) (City of Clearwater); and
(c) Rezoning from the R3, Single Family Residential District
(County) to the LMDR, Low Medium Density Residential
District (City of Clearwater).
10,258 square feet or 0.23 acres
92 feet wide by 111.5 feet deep m.o.I.
Single-family residential
Single-family residential
Residential Low (RL)
Residential Low (RL)
R-3, Single-Family Residential District (County)
LMDR, Low Medium Density Residential (City)
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09023 - Page 1
SURROUNDING USES: North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANAL YSIS:
The subject property is located at 1813 Brentwood Drive, on the south side of the street
approximately 180 feet east of South Keene Road and 110 feet north of Lakeview Road. The
applicant is requesting this annexation in order to receive City sewer service. The property is
contiguous with the existing City boundaries to the north and west; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject
site is approximately 0.23-acres in area and is occupied by an existing single-family detached
dwelling. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category ofLMDR, Low Medium Density Residential.
A. IMPACT ON CITY SERVICES: [Section 4-604.Fl]
Water and Sewer:
The applicant receives water service from Pinellas County. Sewer service will be provided by
the City of Clearwater and capacity for the project is available for this utility. The closest sewer
line is located along the Brentwood Drive right-of-way. The applicant has paid the assessment
fee of$359.72 and the impact fee of$900.00 required for sewer connection, and is aware of any
additional costs to extend City sewer service to the property.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview A venue. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and
their level of service.
B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
Staff Report - Community Development Board - December 16,2003 - Case ANX2003-09023 - Page 2
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 92 feet in width and 10,258 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pine lias
County staffs have reviewed this annexation and determined it complies with the ordinance
criteria.
Florida Statutes reqUIre that a proposed annexation be both contiguous with the existing
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09023 - Page 3
The Pine lias County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.]
As stated earlier, the application for annexation involves an existing single-family detached
dwelling. The property is 92 feet in width and 10,258 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential
Low plan category.
E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with the ordinance
criteria.
Florida Statutes reqUire that a proposed annexation be both contiguous with the existing
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09023 - Page 3
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and west and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries, The
annexation of this property is consistent with this standard and no new enclave will be created.
In summary, the annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The applicant has paid the assessment fee and the impact fee required for sewer
connection, and is aware of any additional costs to extend City sewer service to the property.
The proposed annexation and existing use are consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use
Map, as well as the goals and policies. The existing and proposed use of this site as a single-
family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
1. Recommend APPRaV AL of the annexation of the property located at 1813 Brentwood
Drive.
2. Recommend APPRay AL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
3. Recommend APPRay AL of the LMDR, Low Medium Density Residential zonmg
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09023 - Page 4
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AN X2003-09023
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Owners: Serafino Caraco Case: AN X2003-09023
Site: 1813 Brentwood Drive Property Size (Acres): 0.23
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PIN: 24/29/15/47988/000/0080
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ANX2003-09023
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ORDINANCE NO. 7218-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BRENTWOOD DRIVE, APPROXIMATELY 180
FEET EAST OF KEENE ROAD AND APPROXIMATELY 110 FEET
NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 8, LAKE
LELA MANOR, WHOSE POST OFFICE ADDRESS IS 1813
BRENTWOOD 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 COMMISSION 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 8, Lake Lela Manor, recorded in Plat Book 35, Page 12, Public Records of
Pinellas County, Florida (ANX2003-09023)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7218-04
ORDINANCE NO. 7219-04
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 BRENTWOOD DRIVE, APPROXIMATELY 180
FEET EAST OF KEENE ROAD AND APPROXIMATELY 110 FEET
NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 8, LAKE
LELA MANOR, WHOSE POST OFFICE ADDRESS IS 1813
BRENTWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; 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 COMMISSION 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:
Prooertv
Lot 8, Lake Lela Manor, recorded in Plat Book 35,
Page 12, Public Records of Pinellas County, FL
(ANX2003-09023)
Land Use CateQorv
Residential Low
Section 2. The City Commission 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. 7218-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7219-04
ORDINANCE NO. 7220.Q4
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 BRENTWOOD DRIVE, APPROXIMATELY 180 FEET EAST
OF KEENE ROAD AND APPROXIMATELY 110 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF LOT 8, LAKE LELA
MANOR, WHOSE POST OFFICE ADDRESS IS 1813
BRENlWOOD 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 8, Lake Lela Manor, recorded in Plat Book
35, Page 12, Public Records of Pinellas County,
FL. (ANX2003-09023)
Zonina District
Low Medium Density Residential (LMDR)
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. 7218-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No.7220-04
q.
PLD~
~ ltarwater
-~~
u~
City Com mission
Agenda Cover Memorandum
Trackinq Number: 373
Actual Date: 01/15/2004
Subject / Recommendation:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for
309 and 323 Meadow Lark Lane and 3040 Carolina Avenue (Lots 1-6, Block 6, Bay View City
Subdivision in Section 7, Township 29 South and Range 16 East); and PASS Ordinances
#7221-04, #7222-04 & #7223-04 on first reading.
Summary:
The subject site is located on the east side of Meadow Lark Lane at 309 and 323 Meadow Lark
Lane and 3040 Carolina Avenue, approximately 350 feet north of Gulf to Bay Boulevard and 560
feet west of McMullen Booth Road. The site consists of four (4) parcels totaling 1.2-acres and
contains an unoccupied single-family detached dwelling and an existing office. The existing
office use located on the subject site will be a non-conforming use in the LMDR zoning district
and cannot be expanded. However, the applicant is requesting this annexation in order to
redevelop the property with an accessory parking facility for its adjacent, existing office use to
the south. This use may be allowed in the LMDR District only through a flexible development
application approved through the Community Development Board. The property is contiguous
with the existing City boundaries to the north, south and west; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the abutting Tennessee Avenue, Carolina Avenue and Bay Street rights-of-way
not currently within the City limits also be annexed. The applicant is requesting that the
property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of LMDR, Low Medium Density Residential.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on publiC facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPe) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and
no objections have been raised.
Please refer to the attached report (ANX2003-09024) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on December 16, 2003 and unanimously recommended approval.
Oriqinatinq: Planning
Section Quasi-judicial public h
~ Clearwater
~ :..:..~"';~~::::::---:=>-~..
~~~~~~
C it Y Com m is s ion
Agenda Cover Memorandum
Category: Annexations, Land Use Plan and Zoning
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing:Yes
8
Advertised
Dates:
11/01/2003
Financial Information:
Review Approval
Lf'~lif' DOlJot=lIl-Sirlf'~
Garrv Brumback
Cvndie Goudeau
Bill Hornf'
12-19-2003
12-31-2003
01-06-2004
01-05-2004
11:22:50
07:49:38
15:15:40
12:24:28
CDB Meeting Date:
Case Number:
Agenda Item :
December 16, 2003
ANX2003-09024
F2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNER/APPLICANT:
Crum Properties, LLC
REPRESENTATIVE:
Elise Batsel Lynn, Piper Rudnick, LLP
LOCATION:
309 and 323 Meadow Lark Lane and 3040 Carolina Avenue,
located on the east side of Meadow Lark Lane, approximately 350
feet north of Gulf to Bay Boulevard and 560 feet west of
McMullen Booth Road.
REQUEST:
(a)
Annexation of 1.2-acres of property and 0.7l-acres of the
abutting Tennessee Avenue, Bay Street and Carolina
A venue rights-of-way to the City of Clearwater;
(b) Land Use Plan amendment from the RU, Residential Urban
Category (County) to the RU, Residential Urban Category
(City of Clearwater); and
(c) Rezoning from the R3, Single Family Residential District
(County) to the LMDR, Low Medium Density Residential
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
51,487 square feet or 1.2 acres
DIMENSION OF SITE:
258 feet wide by 250 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
An unoccupied single-family detached dwelling and an office
Parking Facility
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
ZONING DISTRICT:
Staff Report - Community Development Board - December 16,2003 - Case ANX2003-09024 - Page 1
Current District:
Proposed District:
R-3, Single-Family Residential (County)
LMDR, Low Medium Density Residential (City)
EXISTING
SURROUNDING USES:
North: Place of worship
South: Office
East: Overnight accommodations & Retention
West: Single-family detached dwellings
ANAL YSIS:
The subject site is located on the east side of Meadow Lark Lane at 309 and 323 Meadow Lark
Lane and 3040 Carolina Avenue, approximately 350 feet north of Gulf to Bay Boulevard and
560 feet west of McMullen Booth Road. The site consists of four (4) parcels totaling 1.2-acres
and containing an unoccupied single-family detached dwelling and an existing office. The
applicant is requesting this annexation in order to develop the property as an accessory parking
facility for its adjacent, existing office use to the south. The proposed use of this site as a parking
facility would only be permitted in the LMDR zoning district as a Residential Infill project, and
would require approval by the Community Development Board. At this time, no application for
the proposed development project has been filed. The property is contiguous with the existing
City boundaries to the north, south and west; therefore, the proposed annexation is consistent
with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting
Tennessee Avenue, Carolina Avenue and Bay Street rights-of-way not currently within the City
limits also be annexed. The applicant is requesting that the property have a Future Land Use
Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium
Density Residential.
A. IMPACT ON CITY SERVICES:
Water and Sewer:
Water service is currently provided by the City of Clearwater. Sewer service would also be
provided by the City of Clearwater and capacity for the project is available. The closest sewer
line is located in the adjacent Meadow Lark Lane right-of-way. If the applicant receives
approval to develop the site with a parking facility, there will be no required payment of a sewer
impact or assessment fee because this use does not require service. In the event the current uses
remain, all impact and assessment fees will be required to be paid.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
Staff Report - Community Development Board - December 16,2003 - Case ANX2003-09024 - Page 2
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to the property by Station #49 located at
Sky Harbor Drive and Gulf to Bay Boulevard. The Fire Department will be able to serve this
property and the annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and
their level of service.
B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN:
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RU). It is the purpose of this category to depict those areas of the County
that are now developed, or appropriate to be developed, in a urban low density residential
manner; and to recognize such areas as primarily well-suited for residential uses that are
consistent with the urban qualities and natural resource characteristics of such areas. Residential
uses, up to a maximum of 7.5 dwelling units per acre, are the primary uses in this plan category.
Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The annexation does not propose to change the Residential Urban (RU) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier, the application for annexation involves four (4) parcels totaling 1.2-acres and
contains an unoccupied single-family detached dwelling and an existing office. The property is
258 feet in width and 51,478 square feet in total lot area. Based on the property's location the
appropriate zoning district under the Community Development Code is the LMDR, Low
Medium Density Residential District. Under the current LMDR zoning district provisions, a
minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. All of
the parcels exceed the minimum dimensional requirements of a standard development in the
LMDR District and is therefore consistent with the Community Development Code.
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09024 - Page 3
The existing office use located on the property will be a non-conforming use in the LMDR
zoning district. It is the property owner's intention to remove the current uses from the site for
the future development of a parking facility. However, if the proposed parking facility
development is not approved, the office use may continue to exist as a non-conforming use, but it
can not be expanded. Any future redevelopment of the site must be consistent with the LMDR
zoning district requirements.
D, CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre for the
Residential Urban plan category.
E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and represents a logical extension of
the existing boundaries. The compactness standard of Florida law requires that the annexation
does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of
this property is consistent with this standard. In summary, the annexation of this property is
consistent with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The applicant is aware of the required sanitary sewer impact fee and assessment
fee, as well as the additional cost to connect the property to the City sewer systems in the event
the existing uses remain or new development occurs which requires these services.
The proposed annexation and the single-family dwelling are consistent with the City's
Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map and its
goals and policies. Finally, the proposed annexation is consistent with Florida law regarding
municipal annexation through its adjacency with existing City boundaries and is compact in
concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Staff Report - Community Development Board - December 16,2003 - Case ANX2003-09024 - Page 4
Recommend APPROVAL of the annexation of the properties located at 309 and 323 Meadow
Lark Lane and 3040 Carolina Avenue and the abutting Tennessee Avenue, Bay Street and
Carolina Avenue rights-of-way.
Recommend APPROVAL of the Residential Urban (RU) category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the LMDR, Low Medium Density Residential zonmg district
pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:IPlanning IJeparlmen/',C D B'A nnexalions"A NX - 20031.4 NX2003-090U Ctum Properlie" 323 Meadow Lark LnlA NX2003.090U Ctum Properlies "Iaff repOrl.doc
Staff Report - Community Development Board - December 16, 2003 - Case ANX2003-09024 - Page 5
I~
UJ~1J
OJ 50 DR
DREW
Location Map
Owners: Crum Properties, LLC Case: ANX2003-09024
Site: 309 & 323 Meadow Lark Lane; and Property Size (Acres): 1.2
3040 Carolina A venue R.O.W. Size (Acres): 0.71
Land Use Zoning 16/29/16/05292/006/0010
PIN: 16/29/16/05292/006/0030
16/29/16/05292/006/0060
From: RU R3(County) 16/29/16/05292/006/0090
To: RU LMDR A tlas Page: 292A
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Owners: Crum Properties, LLC Case: ANX2003-09024
Site: 309 & 323 Meadow Lark Lane; and Property Size (Acres): 1.2
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Land Use Zoning 16/29/16/05292/006/0010
PIN: 16/29/16/05292/006/0030
16/29/16/05292/006/0060
From: RU R3(County) 16/29/16/05292/006/0090
To: RU LMDR A tlas Page: 292A
Aerial Photograph
Owners: Crum Properties, LLC Case: ANX2003-09024
Site: 309 & 323 Meadow Lark Lane; and Property Size (Acres): 1.2
3040 Carolina A venue R.O.W. Size (Acres): 0.71
Land Use Zoning 16/29/16/05292/006/0010
PIN: 16/29/16/05292/006/0030
16/29/16/05292/006/0060
From: RU R3(County) 16/29/16/05292/006/0090
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Owners: Crum Properties, LLC Case: ANX2003-09024
Site: 309 & 323 Meadow Lark Lane; and Property Size (Acres): 1.2
3040 Carolina A venue R.O.W. Size (Acres): 0.71
Land Use Zoning 16/29/16/05292/006/0010
PIN: 16/29/16/05292/006/0030
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ANX2003-09024
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Owners: Crum Properties, LLC Case: ANX2003-09024
Site: 309 & 323 Meadow Lark Lane; and Property Size (Acres): 1.2
3040 Carolina A venue R.O.W. Size (Acres): 0.71
Land Use Zoning 16/29/16/05292/006/0010
PIN: 16/29/16/05292/006/0030
16/29/16/05292/006/0060
From: RU R3(County) 16/29/16/05292/006/0090
To: RU LMDR A tlas Page: 292A
View to the west
View to the south
Site view from the west
View to the west
View to the north
Site view from the south
Crum Properties ANX2003-09024
309 & 323 Meadow Lark Lane; and 3040 Carolina Avenue
ORDINANCE NO. 7221-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF MEADOW LARK LANE, APPROXIMATELY 350
FEET NORTH OF GULF TO BAY BOULEVARD AND 560 FEET
WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOTS 1
THROUGH 6, LOT 9 LESS THE EAST 5 FEET AND LOT 10,
BLOCK 6, AND THE 16-FOOT ALLEY LYING IN BLOCK 6, BAY
VIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHTS OF WAY OF TENNESSEE AVENUE AND BAY STREET;
ALSO THAT PORTION OF THE ABUTTING RIGHT OF WAY OF
CAROLINA AVENUE LYING NORTH OF A LINE 330 FEET
NORTH OF THE CENTERLINE OF STATE ROAD 60, WHOSE
POST OFFICE ADDRESS IS 309 AND 323 MEADOW LARK
LANE AND 3040 CAROLINA AVENUE, 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto
(ANX2003-09024 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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
Ordinance No. 7221-04
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7221-04
ORDINANCE NO. 7222-04
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
EAST SIDE OF MEADOW LARK LANE, APPROXIMATELY 350
FEET NORTH OF GULF TO BAY BOULEVARD AND 560 FEET
WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOTS 1
THROUGH 6, LOT 9 LESS THE EAST 5 FEET AND LOT 10,
BLOCK 6, AND THE 16-FOOT ALLEY LYING IN BLOCK 6, BAY
VIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHTS OF WAY OF TENNESSEE AVENUE AND BAY STREET;
ALSO THAT PORTION OF THE ABUTTING RIGHT OF WAY OF
CAROLINA AVENUE LYING NORTH OF A LINE 330 FEET
NORTH OF THE CENTERLINE OF STATE ROAD 60, WHOSE
POST OFFICE ADDRESS IS 309 AND 323 MEADOW LARK
LANE AND 3040 CAROLINA AVENUE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN;
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 COMMISSION 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 legal description attached hereto
(ANX2003-09024 )
Land Use Cateaorv
Residential Urban
Section 2. The City Commission 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. 7221-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 7222-04
ORDINANCE NO. 7223-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
MEADOW LARK LANE, APPROXIMATELY 350 FEET NORTH OF
GULF TO BAY BOULEVARD AND 560 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF LOTS 1
THROUGH 6, LOT 9 LESS THE EAST 5 FEET AND LOT 10,
BLOCK 6, AND THE 16-FOOT ALLEY LYING IN BLOCK 6, BAY
VIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHTS OF WAY OF TENNESSEE AVENUE AND BAY STREET;
ALSO THAT PORTION OF THE ABUTTING RIGHT OF WAY OF
CAROLINA AVENUE LYING NORTH OF A LINE 330 FEET
NORTH OF THE CENTERLINE OF STATE ROAD 60, WHOSE
POST OFFICE ADDRESS IS 309 AND 323 MEADOW LARK
LANE AND 3040 CAROLINA AVENUE, 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 COMMISSION 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:
Prooertv
See legal description attached hereto
(ANX2003-09024 )
Zonina District
Low Medium Density Residential (LMDR)
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. 7221-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7223-04
ID.
PLD~
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C it Y Com m is s ion
Agenda Cover Memorandum
Tracking Number: 361
Actual Date: 01/15/2004
Subject / Recommendation:
APPROVE a Land Use Plan Amendment from the Industrial Limited (IL) category to the
Commercial General (CG) category and a Zoning Atlas Amendment from the IRT, Industrial
Research Technology District to the C, Commercial District for property located at 1219 South
Fort Harrison Avenue, 509 Jeffords Street and 508 & 512 Grand Central Street (Lot 7 and the
North 50 feet of Lot 8, Block 6; Lots 5 & 6, Block 6; Lots 1-4, Block 6, Milton Park Subdivision in
Section 21, Township 29 South, Range 15 East), and PASS Ordinances #7224-04 and #7225-04
on first reading.
Summary:
The Future Land Use Plan amendment and rezoning application involves four (4) parcels of land,
approximately 1.46-acres in area and is occupied by a restaurant use, with an accessory office
and storage use. When the restaurant use was established in 1961 the site was zoned CG,
Commercial General on the front portion of the site and IL, Industrial Limited on the rear portion
and restaurants were permitted in these districts. In 1985, the City adopted revisions to its
Land Development Code and the entire site was reclassified to the IL, Industrial Limited zoning
district and the restaurant was permitted in this District as well. In 1999, the City adopted a
new Community Development Code and the site's zoning designation was reclassified to the IRT,
Industrial Research Technology District. Restaurants are not permitted in this zoning district;
therefore the existing main use of the property was rendered nonconforming. The applicant is
proposing to amend the Future Land Use Plan designation of this property from the Industrial
Limited (IL) category to the Commercial General (CG) category and to rezone it from the IRT,
Industrial Research Technology District to the C, Commercial District to render this site
conforming. The applicant ultimately plans to submit a development application for the
construction of an outdoor seating area.
The Planning Department determined that the proposed land use plan amendment and rezoning
applications are consistent with the following standards specified in the Community
Development Code:
. The proposed land use plan amendment and rezoning applications are consistent with the
Comprehensive Plan.
. The potential range of uses and the current use are compatible with the surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
Please refer to the attached land use plan and rezoning (LUZ2003-09008) report for
the complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Due to the size of the plan amendment site, review and
approval by Florida Department of Community Affairs is not required.
The Community Development Board reviewed this application on its consent agenda, without
opposition, at its December 16, 2003 meeting and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public h
~ Clearwater
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C it Y Com m is s ion
Agenda Cover Memorandum
Category: Annexations, Land Use Plan and Zoning
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing: Yes
7
Advertised
Dates:
11/01/2003
Financial Information:
Review Approval
Lp.~lip. DOlJO.1II-Sirlp.c;
Garrv Brumback
Cvndie Goudeau
Bill Hornp.
12-19-2003
12-31-2003
01-06-2004
01-05- 2004
11:25:52
07:47:49
15:14:59
12:27:59
CDB Meeting Date: December 16.2003
Case No.: LUZ2003-09008
Agenda Item: F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
BACKGROUND INFORMATION:
OWNER/APPLICANT:
REPRESENTATIVE:
LOCATION:
REQUEST:
SITE INFORMATION:
PROPERTY SIZE:
O'Keefe's Incorporated & Garth A. DuQuesnay
Anne K. Domhofer
1219 South Fort Harrison Avenue, 509 Jeffords Street and 508 &
512 Grand Central Street
To amend the Comprehensive Plan's Future Land Use Map from
Industrial Limited (IL) to Commercial General (CG); and
To rezone from the IRT, Industrial Research Technology District
to the C, Commercial District.
63,720 square feet or 1.46 acres
DIMENSIONS OF SITE: 270 feet by 236 feet. (combined lots) m.o.1.
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
Restaurant, office and storage
Restaurant, office and storage
Industrial Limited (IL)
Commercial General (CG)
IRT, Industrial Research Technology
C, Commercial
North: Office
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09008 - Page 1
South: Hospital
East: Office & Warehouse
West: Hospital & Parking
ANAL YSIS
Introduction
The Future Land Use Plan amendment and rezoning application involves four (4) parcels ofland,
approximately 1.46-acres in area and is occupied by a restaurant use, with an accessory office
and storage use. When the restaurant use was established in 1961 the site was zoned CG,
Commercial General on the front portion of the site and IL, Industrial Limited on the rear portion
and restaurants were permitted in these districts. In 1985, the City adopted revisions to its Land
Development Code and the entire site was reclassified to the IL, Industrial Limited zoning
district and the restaurant was permitted in this District as well. In 1999, the City adopted a new
Community Development Code and the site's zoning designation was reclassified to the IRT,
Industrial Research Technology District. Restaurants are not permitted in this zoning district;
therefore the existing main use of the property was rendered nonconforming. The applicant is
proposing to amend the Future Land Use Plan designation of this property from the Industrial
Limited (IL) category to the Commercial General (CG) category and to rezone it from the IRT,
Industrial Research Technology District to the C, Commercial District to render this site
conforming and ultimately submit a development application for the construction of an outdoor
seating area.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the acreage involved in this plan amendment, review
and approval by the Florida Department of Community Affairs is not required.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 &
4-603.F.1 ]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
3.0 Goal- A sufficient variety arid amount of Future Land Use categories shall be provided
to accommodate public demand and promote infill development.
3.2.1 Objective - Future Land Use in the City of Clearwater shall be guided by the
Comprehensive Land Use Plan Map and implemented through the City's Community
Development Code.
3.2.2 Commercial land uses shall be located at the intersection of arterial or collector streets
and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of
"strip commercial" zones by insuring that adequate lot depths are maintained and by
zoning for commercial development at major intersections.
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09008 - Page 2
The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.5 of the Countywide Rules, is to designate areas in the County that are now developed, or
appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas primarily consistent with the need,
relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated
commercial center providing for the full spectrum of commercial uses. The Commercial General
(CG) category is generally appropriate to locations in and adjacent to activity centers where
surrounding land uses support and are compatible with intensive commercial uses; and in areas
in proximity to and with good access to major transportation facilities, including mass transit.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
South Fort Harrison Corridor
In the location of the subject site, South Fort Harrison Avenue is a two-lane divided roadway
with frequent traffic signals. The South Fort Harrison corridor in this area between Druid Road
and Lakeview Road is characterized by a variety of development including retail, hospital,
industrial, medical clinic, residential and office uses. The Countywide Future Land Use Plan has
designated land in this area on the east and west side of South Fort Harrison Commercial
General, Industrial Limited, Institutional, Residential Urban and Residential/Office General.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) category for the immediate surrounding area to the east is
Industrial Limited (IL). The properties to the south and west are designated Institutional (INS),
while Commercial General (CG) and Industrial Limited (IL) categories border the site to the
north.
The existing surrounding uses include office and warehouse to the east, as well as offices to the
north. The property to the west is currently being redeveloped as a hospital use with a six-story
parking facility, while the property to the south is also a hospital use.
The proposed future land use plan amendment and rezoning are compatible with the surrounding
uses due the commercial character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
The subject site is approximately 1.46-acres and is currently occupied by an existing restaurant
use, with an accessory office and storage use. Based on a maximum permitted floor area ratio
Staff Report - Community Development Board - December 16, 2003 - Case LUZ2003-09008 - Page 3
(FAR) in the IL category of 0.65, a 41,338 square foot building would be permitted on this site.
Based on a maximum permitted FAR in the CO category of 0.55, a 34,978 square foot building
would be permitted on this site provided all code requirements are met. Approval of this plan
amendment would decrease the intensity of development allowed on this site. The applicant's
intention is only to bring a legal, non-conforming use into compliance with the City's
Community Development Code and expand the current restaurant use by adding an outdoor
seating area that is consistent with the requirements of the C, Commercial zoning district.
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council's (PPe) traffic generation guidelines. The
PPe's traffic generation rates have been calculated for the subject site based on the existing and
proposed Future Land Use Plan categories and are included in the following table.
MAXIMUM POTENTIAL TRAFFIC
Current Existing Proposed Net New
South Fort Harrison Ave from Druid Rd to Lakeview Rd Situation Plan I Planz Trips
Maximum Daily Added Potential Trips N/A 248 678 430
Maximum PM Peak Hour Added Potential Trips3 N/A 31 84 53
Volume ofS. Ft Harrison Ave from Druid Rd to Lakeview Rd 25 072 25,320 25,720 430
LOS S. Ft Harrison Ave from Druid Rd to Lakeview Rd C C C C
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 170 trips per day per acre for the Industrial Limited Future Land Use Plan Category. 2 = Based on PPC calculations of
465 trips per day per acre for the Commercial General Future Land Use Plan Category. 3 = City Calculation of 12.5%
Source: "The Rules" of the Countywide Future Land Use Plan
The 2003 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the South Fort Harrison segments in the vicinity of this site a
level of service (LOS) C. Although the proposed Future Land Use Plan category could generate
an increase in PM Peak Hour traffic on this segment of South Fort Harrison by 53 trips, the
existing capacity of the surrounding roadways will not be decreased and there will not be a
negative effect on the segment's level of service because historically a commercial use has been
located on this site and the traffic generated from it is already reflected in trips assigned to this
segment.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Existing Zoning/Future Land Use Plan
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09008 - Page 4
Warehouse 41,338 sq. ft. 205 (-782) 25 (-120)
(4.96 trips/1000 sa.ft. gross floor area)
Manufacturing 41,338 sq. ft. 157 ( -820) 31 (-114)
(3.82 trips/1000 sq.ft. gross floor area)
General Office Building 41,338 sq. ft. I 455 ( -522) 61 (-84)
(11.0 I trips/1000 sq.ft. gross !loor area)
Proposed Zoning/Future Land Use Plan
High- Turnover (Sit- 7,500 sq. ft.
Down) Restaurant (existing restaurant 977 N/A 145 N/A
(130.34 trips/1000 sq.ft. gross floor size)
area)
Fast Food Restaurant 3000 sq. ft. 1,488 I 511 178 33
(49612 trips/IOOO S. f gross floor area) (avg. restaurant size) I
------..- i
' Convenience Market with 3,200 sq. ft. I I
Gasoline Pumps (avg. mini-market 2,705 1,728 272 127
(845.60 trips/1000 s. f. gross !loor size)
area.)
General Office Building 34,978 sq. ft. 385 (-592) 52 (-93)
(J 1.01 trios/1000 sa.ft. grOSS floor area)
The City of Clearwater Engineering Department has concluded that, although the proposed
change would permit uses that generate an increased level of automobile trips, the transportation
impacts associated with this land use plan amendment and rezoning will not result in the
degradation of the existing LOS to the surrounding road network. In addition, no negative
impact on the operational efIiciency of the signalized intersections of South Fort Harrison
Avenue in this area is anticipated by the proposed amendment and proposed expansion.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located within 1f4 mile of an
existing transit route; and headways are less than or equal to one hour. Pine lias Suncoast Transit
Authority (PST A) bus service is available along South Fort Harrison Avenue.
Water
The current zoning district could demand approximately 4,133 gallons per day. Under the
proposed zoning district, water demand could approach approximately 3,497 gallons per day.
The maximum development potential permitted under the proposed land use and zoning districts
will not negatively affect the City's current LOS for water.
Wastewater
The current zoning district could demand approximately 3,307 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 2,798 gallons
per day. The maximum development potential permitted under the proposed land use and zoning
districts will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current zoning could result in 144 tons of solid waste per year for a commercial site. Under
the proposed zoning district, there could be approximately 419 tons of solid waste generated per
Staff Report - Community Development Board - December 16, 2003 - Case LUZ2003-09008 - Page 5
year. The maximum development potential permitted under the proposed land use and zoning
districts could generate a considerable demand on the City's LOS for solid waste disposal,
however as the applicant only intends to bring a non-conforming use into conformity and expand
the existing restaurant use by constructing an outdoor seating area, there are no negative impacts
anticipated with this application
Recreation and Open Space
As both the existing and proposed categories involved in the application are non-residential, the
proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage
or facilities.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
The site currently is occupied by a restaurant, an accessory office and accessory storage use and
currently meets all City and Southwest Florida Water Management District (SWFWMD)
storm water management criteria. Site plan approval will be required for the proposed outdoor
seating area. At the time that the application for the outdoor seating area is submitted, or any
other application related to this site, the storm water management system will continue to be
required to meet all City and Southwest Florida Water Management District (SWFWMD)
stormwater management criteria. Water quantity and quality will be controlled in compliance
with the Clearwater Comprehensive Plan.
The proposed land use amendment will not have a negative impact on the natural environment.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The location of the proposed Commercial General (CG) boundaries are logical and an
appropriate classification for frontage on a major arterial roadway; and between the office and
warehouse uses to the east, the office use to the north and the hospital use to the west and south.
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines and existing improvements.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed C, Commercial District permits a FAR of 0.55 and the existing IRT, Industrial
Research Technology District permits a more intensive FAR of 0.65. The 0.90 ISR of the
proposed District is more intensive than the current Industrial Research Technology District at
0.85. The size of the subject site is 63,597 square feet and exceeds the minimum lot area
requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the
Commercial zoning district. Therefore, the parcels meet the size requirements of the proposed
District and the existing uses are permitted in the Commercial District.
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09008 - Page 6
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
The existing and proposed use of this property is consistent with the Commercial zoning district
regulations.
SUMMARY AND RECOMMENDATIONS:
An amendment to the Future Land Use Plan from Industrial Limited (IL) to Commercial General
(CG) and a rezoning from the IRT, Industrial Research Technology District to the C,
Commercial General District for the subject property is necessary to bring this existing non-
conforming use into compliance with the Community Development Code. The neighborhood is
surrounded by warehouses to the east and south; offices to the north; and a vacant site to the west
The proposed Commercial General Future Land Use Plan classification and Commercial zoning
district are consistent with both the City and the Countywide Comprehensive Plans, is
compatible with the surrounding area, does not require nor affect the provision of public
services, is compatible with the natural environment and is consistent with the development
regulations of the City.
The Planning Department recommends APPROVAL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 1219 South Fort Harrison
A venue, 509 Jeffords Street and 508 & 512 Grand Central Street from Industrial
Limited (IL) to Commercial General (CG), and
2. Amend the zoning district designation of 1219 South Fort Harrison Avenue, 509
Jeffords Street and 508 & 512 Grand Central Street from the IRT, Industrial
Research Technology District to the C, Commercial District.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09008 - Page 7
PROJECT
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Location Map
Owners: 0' Keefe's Inc. Case: LUZ2003-09008
Site: 1219 S. Fort Harrison Ave; 509 Jeffords St; and Property 1.46
508 & 512 Grand Central St Size(Acres):
Land Use Zoning 21/29/15/58068/006/0050
PIN: 21/29/15/58068/006/0081
21/29/15/58068/006/0070
From: IL IRT 21/29/15/58068/006/0010
To: CG C A tlas Page: 305B
Aerial Photograph
Owners: 0' Keefe's Inc. Case: LUZ2003-09008
Site: 1219 S. Fort Harrison Ave; 509 Jeffords St; and Property 1.46
508 & 512 Grand Central St Size(Acres):
Land Use Zoning 21/29/15/58068/006/0050
PIN: 21/29/15/58068/006/0081
21/29/15/58068/006/0070
From: IL IRT 21/29/15/58068/006/0010
To: CG C A tlas Page: 305B
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Future Land Use Plan Map
Owners: 0' Keefe's Inc. Case: LUZ2003-09008
Site: 1219 S. Fort Harrison Ave; 509 Jeffords St; and Property 1.46
508 & 512 Grand Central St Size(Acres):
Land Use Zoning 21/29/15/58068/006/0050
21/29/15/58068/006/0081
PIN: 21/29/15/58068/006/0070
From IL IRT 21/29/15/58068/006/0010
To: CG C A tlas Page: 305B
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A tlas Page:
LUZ2003-09008
1.46
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21/29/15/58068/006/0081
21/29/15/58068/006/0070
21/29/15/58068/006/0010
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Owners:
0' Keefe's Inc.
Site:
1219 S. Fort Harrison Ave; 509 Jeffords St; and
508 & 512 Grand Central St
Property
Size(Acres):
Land Use
From:
IL
To:
CG
Zoning
IRT
C
A tlas Page:
Case:
LUZ2003-09008
1.46
PIN:
21/29/15/58068/006/0050
21/29/15/58068/006/0081
21/29/15/58068/006/0070
21/29/15/58068/006/0010
305B
Property to the west
Property to the north
Property to the east
Property to the south
Site view from the north
O'Keefe's Incorporated LUZ2003-09008
1219 South Fort Harrison Avenue, 509 Jeffords Street and 508 & 512 Grand Central Street
ORDINANCE NO. 7224-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF SOUTH FORT
HARRISON AVENUE AND JEFFORDS STREET, CONSISTING
OF LOT 7 AND THE NORTH 50 FEET OF LOT 8, BLOCK 6,
LOTS 5 AND 6, BLOCK 6, LOTS 1, 2, 3, AND 4, BLOCK 6, AND
THE SOUTH 77 FEET OF LOT 8, BLOCK 6, MILTON PARK
SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1219
SOUTH FORT HARRISON AVENUE, 508, AND 512 GRAND
CENTRAL STREET, 509 JEFFORDS STREET, FROM
INDUSTRIAL LIMITED TO COMMERCIAL GENERAL;
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 COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Prooertv
See legal description attached hereto
(LUZ2003-09008)
Land Use CateClorv
From: Industrial Limited
To: Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7224-04
ORDINANCE NO. 7225-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF SOUTH FORT HARRISON AVENUE AND
JEFFORDS STREET, CONSISTING OF LOT 7 AND THE
NORTH 50 FEET OF LOT 8, BLOCK 6, LOTS 5 AND 6, BLOCK
6, LOTS 1, 2, 3, AND 4, BLOCK 6, AND THE SOUTH 77 FEET
OF LOT 8, BLOCK 6, MILTON PARK SUBDIVISION WHOSE
POST OFFICE ADDRESS IS 1219 SOUTH FORT HARRISON
AVENUE, 508, AND 512 GRAND CENTRAL STREET, AND 509
JEFFORDS STREET, FROM INDUSTRIAL RESEARCH
TECHNOLOGY TO COMMERCIAL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached hereto
(LUZ2003-09008)
Zoninq District
From: Industrial Research Technology
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7224-04 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7225-04
{ l .
~€learwater
C it Y Com m is s ion
Agenda Cover Memorandum
PLD4
u
Tracking Number: 362
Actual Date: 01/15/2004
Subject / Recommendation:
APPROVE a Land Use Plan Amendment from the Residential Low Medium (RLM) category to the
Commercial General (CG) category and a Zoning Atlas Amendment from the MHP, Mobile Home
Park District to the C, Commercial District for property located at 2261 Gulf to Bay Boulevard (A
portion of Metes and Bounds 32/121 in Section 18, Township 29 South, Range 15 East), and
PASS Ordinances No. 7226-04 and No. 7227-04 on first reading.
Summary:
The Future Land Use Plan amendment and rezoning application involves one (1) vacant parcel of
land, approximately 1.31-acres in area. The site has a Future Land Use Plan designation of
Residential Low Medium (RLM) and a zoning classification of MHP, Mobile Home Park. The
applicant is requesting to amend the Future Land Use Plan designation to the Commercial
General (CG) category and to rezone it to the C, Commercial District to develop a retail center
on the site. Although the proposed Future Land Use Plan category could generate an increase in
PM Peak Hour traffic on this segment of Gulf to Bay Boulevard by 66 trips, the traffic generated
by this plan amendment is projected to be less than a 1 % increase and would not result in the
degradation of the existing LOS to the surrounding road network as the number of trips possibly
generated by this application are deminimus when compared to existing traffic volumes on Gulf
to Bay Boulevard. At the time a development application is submitted, the traffic generation
associated with the application will be analyzed to ensure transportation concurrency is met.
The Planning Department determined that the proposed land use plan amendment and rezoning
applications are consistent with the following standards specified in the Community
Development Code:
The proposed land use plan amendmentand rezoning applications are consistent with the
Comprehensive Plan.
The potential range of uses and the currentuse are compatible with the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan and rezoning (LUZ2003-09009) report for the
complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Due to the size of the plan amendment site, review and
approval by Florida Department of Community Affairs is not required.
The Community Development Board reviewed this application on the consent agenda, without
opposition, at its December 16, 2003 meeting and unanimously recommended approval.
Oriqinatinq: Planning
Section Quasi-judicial public h
Category: Annexations, Land Use Plan and Zoning
User Department: Budget Office
Number of electronic documents
attached:
7
~ Clearwater
v :~~~:t:~:~:~~:~:::;~~:
Public Hearinq: Yes
Advertised
Dates:
C it Y Com m is s ion
Agenda Cover Memorandum
11/01/2003
Financial Information:
Review Approval
Leslie Douaall-Sides
Garrv Brumback
Cvndie Goudeau
Bill Horne
12-19-2003
12-31-2003
01-06-2004
01-05-2004
11 :26:28
07:46:58
15: 14:22
12:29:05
CDB Meeting Date: December 16.2003
Case No.: LUZ2003-09009
Agenda Item: F4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNERS:
APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION:
PROPERTY SIZE:
DIMENSIONS OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
Ralph Englert, Trust; Jean Englert, Trust; George and Margaret
Brunning TTE; Eva Brunning and Georgia V. Lenard, Trustee
Robert S. Szasz, R&S Investments of Pine lias County, LLC
2261 Gulf to Bay Boulevard, located at the south side of Gulf to
Bay Boulevard, approximately 600 feet east of Belcher Road.
(a) Land Use Plan amendment from the RLM, Residential Low
Medium Classification to the CG, Commercial General
Classification; and
(b) Rezoning from the MHP, Mobile Home Park District to the C,
Commercial District.
57,063 square feet or 1.31 acres
158 feet by 282 feet m.o.I.
Mobile Home Park
Retail
Residential Low Medium (RLM)
Commercial General (CG)
MHP, Mobile Home Park
C, Commercial
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page 1
SURROUNDING USES: North: Overnight Accommodations, Office, Retail & Mobile Home
Park
South: Mobile Home Park
East: Overnight Accommodations
West: Retail & Restaurant
ANAL YSIS
The Future Land Use Plan amendment and rezoning application involves one (1) vacant parcel of
land, approximately 1.31-acres in area. The site has a Future Land Use Plan designation of
Residential Low Medium (RLM) and a zoning classification of MHP, Mobile Home Park. The
applicant is requesting to amend the Future Land Use Plan designation to the Commercial
General (CG) category and to rezone it to the C, Commercial District to develop a retail center
on the site.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the acreage and density involved in this plan
amendment, review and approval by the Florida Department of Community Affairs is not
required.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l &
4-603.F.l]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
3.0 Goal- A sufficient variety and amount of Future Land Use categories shall be provided
to accommodate public demand and promote infill development.
3.2.3 Policy - Commercial land uses shall be located at the intersection of arterial or
collector streets and should be sited in such a way as to minimize the intrusion of off-
site impacts into residential neighborhoods. New plats and site plans shall discourage
the creation of "strip commercial" zones by insuring that adequate lot depths are
maintained and by zoning for commercial development at major intersections.
5.4 Objective - The City shall specifically consider the existing and planned Level-of-
Service on the road network affected by a proposed development, when considering an
amendment to the land use map, rezoning, subdivision plat, or site plan approval.
The proposed plan amendment is not in contlict with Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page 2
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.5 of the Countywide Rules, is to designate areas in the County that are now developed, or.
appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas primarily consistent with the need,
relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated
commercial center providing for the full spectrum of commercial uses. The Commercial General
(CG) category is generally appropriate to locations in and adjacent to activity centers where
surrounding land uses support and are compatible with intensive commercial uses; and in areas
in proximity to and with good access to major transportation facilities, including mass transit.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Gulf to Bay Boulevard Corridor
In the subject site location, Gulf to Bay Boulevard is a six-lane divided roadway. The Gulf to
Bay Boulevard corridor in this area between U.S. Highway 19 and Belcher Road is characterized
by a variety of development including auto service station, mobile home park, multi-family
residential, office, overnight accommodation, restaurant, retail, utility/infrastructure and vehicle
sale/display uses. The Countywide Future Land Use Plan has designated land in this area on the
north and south sides of Gulf to Bay Boulevard Commercial General, Residential Low Medium,
Residential Medium and Transportation/Utility.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) category for the immediate surrounding area to the north is
Commercial General and Residential Low Medium (RLM). Property to the south is designated
Residential Low Medium (RLM), while the Commercial General (CG) category borders the site
to the east and west.
The existing surrounding uses includes overnight accommodations to the east and retail and
restaurant to the west. To the north are overnight accommodations, retail, office and mobile
home park uses, while a mobile home park is located to the south.
The proposed Future Land Use Plan amendment and rezonmg are compatible with the
surrounding uses due the residential character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
The subject site is approximately 1.31-acres in area and is currently occupied by one mobile
home park. Based on a maximum permitted density in the current RLM category, 13 dwelling
units could be constructed on the site. Based on a maximum permitted intensity in the proposed
CG category of 0.55 FAR, a 31,384 square foot building could be constructed on the site
provided all code requirements are met.
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page3
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council's (PPe) traffic generation guidelines. The
PPC's traffic generation rates have been calculated for the subject site based on the existing and
proposed Future Land Use Plan categories and are included in the following table.
MAXIMUM POTENTIAL TRAFFIC
Current Existing Proposed Net New
Gulf to Bay Blvd: Between Belcher Rd and U.S. 19 Situation Plan! Plan2 Trios
Maximum Daily Added Potential Trips N/A 82 609 526
Maximum PM Peak Hour Added Potential Trips3 N/A 10 76 66
Volume of Gulf to Bay Blvd Between Belcher Rd and U.S. 19 54,662 54,744 55,271 526
LOS for Gulf to Bay Blvd Between Belcher Rd and U.S. 19 D D D D
N/A = Not Applicable LOS = Level-ot~Service
I = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category. 2 = Based on PPC
calculations of465 trips per day per acre for the Commercial General Future Land Use Plan Category. 3 = City Calculation of 12.5%
Source: "The Rules" of the Countywide Future Land Use Plan
The 2003 Transportation Level of Service (LOS) manual from the Pine lias County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard segments in the vicinity of this site a
level of service (LOS) D. Although the proposed Future Land Use Plan category could generate
an increase in PM Peak Hour traffic on this segment of Gulf to Bay Boulevard by 66 trips, the
traffic generated by this plan amendment is projected to be less than a 1 % increase and would
not result in the degradation of the existing LOS to the surrounding road network as the number
of trips possibly generated by this application are deminimus when compared to existing traffic
volumes on Gulf to Bay Boulevard.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
~quare
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Existing Zoning/Future Land Use Plan
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page 4
Previous Use I
Mobile Home Park 13 units 62 N/A 7 N/A
(481 trios/dwelling unit)
Single-Family Detached I
Housing 13 units 124 62 13 6
(9.57 trios/ dwelling unit)
Proposed Zoning/Future Land Use Plan
Proposed Use
Shopping Center 31,384 sq. ft 1,347 1,285 155 148
(42.92 trips/1000 s.f gross leasable area)
Fast Food Restaurant with 3000 sq. ft.
Drive Through 1,488 1,426 178 171
(496.12 trios/1000 s. f. gross !loor area) (avg. restaurant size)
Convenience Market with 3,200 sq. ft.
Gasoline Pumps 2,705 2,643 272 265
(845.60 trios/lOoo s. f gross !loor area.) (avg. mini-market size)
Based on the above ITE analysis, certain permitted uses if built at certain sizes, may exceed 1 %
of the PM Peak trips. At the time a development application is submitted, the traffic generation
associated with the application will be analyzed to determine if transportation concurrency is
met.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located within Y4 mile of an
existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PSTA) bus service is available along Gulf to Bay Boulevard.
Water
The current zoning district could demand approximately 3,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 3,138 gallons per day. As
the proposed amendment will create less demand, there will not be a negative affect on the City's
current LOS for water.
Wastewater
The current zoning district could demand approximately 2,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 2,510 gallons
per day. As the proposed amendment will create less demand, there will not be a negative affect
on the City's current LOS for wastewater.
Solid Waste
The current zoning could result in 32 tons of solid waste per year for the residential site. Under
the proposed zoning district, there could be approximately 160 tons of solid waste generated per
year. It is projected that the proposed amendment could generate a considerable increase in solid
waste, however the City's solid waste disposal program does have the capacity to handle this
Increase.
Staff Report - Community Development Board - December 16, 2003 - Case LUZ2003-09009 - Page 5
Recreation and Open Space
As the proposed land use and rezoning will change the permitted uses from residential to non-
residential, there will be no impact on the recreation facilities of the City.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The location of the proposed Commercial General (CG) boundaries are logical and an
appropriate classification between the mobile home park use to the south and Gulf to Bay
Boulevard to the north. In addition, the proposed Commercial General boundary will be
consistent with the parcels fronting on Gulf to Bay Boulevard to the east and west. The district
boundaries are appropriately drawn in regard to location and classifications of streets, ownership
lines and existing improvements.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.]
The proposed C, Commercial District permits a FAR of 0.55, while the existing MHP, Mobile
Home Park District permits a FAR of 0.50. In addition, the 0.90 ISR of the proposed District is
more intensive then the current Mobile Home Park District at 0.75. The total size of the subject
site is 57,063 square feet and 158 feet wide, which exceeds the 10,000 square feet minimum lot
area requirement and 100 feet minimum lot width requirement of the Commercial zoning district.
Therefore, the parcel meets the size requirements of the proposed District and the proposed
restaurant use is permitted in the C District.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
The existing and proposed use of this property is consistent with the Low Medium Density
Residential zoning district regulations.
SUMMARY AND RECOMMENDATIONS:
An amendment to the Future Land Use Plan from Residential Low Medium (RLM) to
Commercial General (CG) and a rezoning from the MHP, Mobile Home Park District to the C,
Commercial District for the subject property is requested in order to develop a retail center on
the site. The neighborhood is surrounded by overnight accommodations to the east; retail and a
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page 6
restaurant to the west; overnight accommodations, retail, offices and a mobile home park to the
north; and a mobile home park to the south.
The proposed Commercial General (CG) Future Land Use Plan classification and C, Commercial
District zoning district are consistent with both the City and the Countywide Comprehensive
Plans, is compatible with the surrounding area, does not require nor affect the provision of public
services, is compatible with the natural environment and is consistent with the development
regulations of the City.
The Planning Department recommends APPROVAL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 2261 Gulf to Bay Boulevard
from the Residential Low Medium (RLM) category to the Commercial General
(CG) category, and
2. Amend the zoning district designation of 2261 Gulf to Bay Boulevard from the
MHP, Mobile Home Park District to the C, Commercial.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning Department'C D BILand Use A mendmentslLUZ 2003 \L UZ2003-05003 Largo Housing Dev. & Tampa Bay Community Dev. Corp / /20 Woodlawn
S/ILUZ2003-05003 1120 Wood/awnSt sliffreport.doc
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09009 - Page?
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Location Map
Owners:
Ralph Englert, Trust; Jean Englert, Trust; George
and Margaret Brunning HE; Eva Brunning and
Georgia V. Lenard, Trustee
Case:
LUZ2003-09009
Site:
2261 Gulf to Bay Boulevard
Property
Size(Acres):
1.31
Land Use
Zoning
PIN: 18/29/16/00000/320/1210
From:
RLM
MHP
To:
CG
C
A tlas Page:
299A
Aerial Photograph
Owners:
Ralph Englert, Trust; Jean Englert, Trust; George
and Margaret Brunning HE; Eva Brunning and
Georgia V. Lenard, Trustee
Case:
LUZ2003-09009
Site:
2261 Gulf to Bay Boulevard
Property
Size(Acres):
1.31
Land Use
Zoning
PIN: 18/29/16/00000/320/1210
From:
RLM
MHP
To:
CG
C
A tlas Page:
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Ralph Englert, Trust; Jean Englert, Trust; George
Owners: and Margaret Brunning HE; Eva Brunning and Case:
Georgia V. Lenard, Trustee
Site: 2261 Gulf to Bay Boulevard Property
Size(Acres):
Land Use Zoning
PIN:
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Site: 2261 Gulf to Bay Boulevard Property
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R & S Investment of Pine lias, LLC LUZ2003-09009
2261 Gulf to Bay Boulevard
ORDINANCE NO. 7226-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTH SIDE OF GULF-TO-BAY
BOULEVARD, APPROXIMATELY 600 FEET EAST OF
BELCHER ROAD, CONSISTING OF A PORTION OF METES
AND BOUNDS 32/121 IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2261
GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM TO COMMERCIAL GENERAL; 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 COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See legal description attached hereto
(LUZ2003-09009)
Land Use Cateaorv
From: Residential Low Medium
To: Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7226-04
ORDINANCE NO. 7227-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT THE SOUTH SIDE OF
GULF-TO-BAY BOULEVARD, APPROXIMATELY 600 FEET
EAST OF BELCHER ROAD, CONSISTING OF A PORTION OF
METES AND BOUNDS 32/121 IN SECTION 18, TOWNSHIP 29
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS
IS 2261 GULF-TO-BAY BOULEVARD, FROM MOBILE HOME
PARK TO COMMERCIAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached hereto
(LUZ2003-09009)
Zonina District
From: Mobile Home Park
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7226-04, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Govemment Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7227-04
1;). ,
PLD6
~iearwatet
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V~~~~7B
C it Y Com m is s ion
Agenda Cover Memorandum
Trackinq Number: 372
Actual Date: 01/15/2004
Subiect / Recommendation:
APPROVE the initial City Future Land Use Plan and Zoning Atlas designations for property located
at 2301 Chautauqua Avenue (Lots 1-6, Block 42; Lots 1-26 Block 40; Lots 1-8, Block 41; Lots
1-13, Block 43; Lot 4, Block 38, all in Unit 1, Section A Chautauqua on the Lake Section 32,
Township 28 South, Range 16 East); and PASS Ordinances #7228-04 and #7229-04 on first
reading. The Future Land Use Plan categories are proposed to remain the same as designated in
the County and are as follows: Residential Suburban (RS), Preservation (P) and Water/Drainage
Overlay; and the proposed initial City zoning designations are the LDR, Low Density Residential
District a nd the P, Preservation District.
Summary:
The Future Land Use Plan amendment and rezoning application involves four (4) parcels of land,
approximately 23.01-acres in area, containing two single-family residential dwellings with
accessory structures. On July 18, 2002, the City Commission annexed this site into the City
limits (ANX 02-02-04). The annexation application also involved a companion Future Land Use
Plan amendment and rezoning application (LUZ 02-02-02) that requested an increase in density
from 2.5 dwelling units per acre to 7.5 dwelling units per acre. The City Commission approved a
Future Land Use Plan amendment to 5.0 dwelling units per acre, however, that application was
denied by the Board of County Commissioners. As a result of the denied application, the site
was annexed into City jurisdiction without an initial City future land use plan or zoning
designation. The applicant is requesting the City provide initial Future Land Use Plan
designations that will remain unchanged from the current County designations of Residential
Suburban (RS), Preservation (P) and Water/Drainage Overlay and consistent zoning designations
of LDR, Low Density Residential and P, Preservation in order to develop the 23-acre site with 46
single-family detached dwellings.
The Planning Department determined that the proposed land use plan amendment and rezoning
applications are consistent with the following standards specified in the Community
Development Code:
The proposed land use plan amendmentand rezoning applications are consistent with the
Comprehensive Plan.
The potential range of uses and the currentuse are compatible with the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan and rezoning (LUZ2003-09010) report for the
complete staff analysis.
As this request is only to provide initial zoning and future land use plan categories consistent
with the existing County designations, the application is not subject to approval by the Pinellas
Planning Council, Board of County Commissioners or Florida Department of Community Affairs.
The Community Development Board reviewed this application on its consent agenda, without
opposition, at its December 16, 2003 meeting and unanimously recommended approval.
Oriqinatinq: Planning
Section Quasi-judicial public h
Cateqorv: Annexations, Land Use Plan and Zoning
~mt.... .t
~~arwa er
;:'~0"~~
.;;::.r-,,;:.r~,,~.~
City Co m mission
Agenda Cover Memorandum
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing: Yes
Advertised
Dates:
7
11/01/2003
Financial Information:
Review Approval
Leslie Douaall-Sides
Garrv Brumback
Cvnnip. (iolJnp.aIJ
Bill Horne
12-19-2003
12-31-2003
01-06-2004
01-05-2004
11:25:17
07:48:46
15:07:56
12:25:23
CDB Meeting Date: December 16,2003
Case No.: LUZ2003-09010
Agenda Item: F5
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
APPLICANT:
Rottlund Homes of Florida, Incorporated
OWNERS:
Lawrence H. Dimmitt and Larry H. Dimmitt, Junior
REPRESENTATIVE:
Robert Pergolizzi
LOCATION:
2301 Chautauqua A venue, located on the east side of Chautauqua
Avenue, approximately 600 feet east of U.S. Highway 19 North.
REQUEST:
(a) Provide an initial Future Land Use Plan designation to the
Residential Suburban (RS) (City), Preservation (P) (City) and
Water/Drainage Overlay (City) Categories for property annexed
into the City of Clearwater on July 18, 2002 pursuant to ANX 02-
02-04; and
(b) Provide an initial zoning designation to the LDR, Low Density
Residential (City) and the P, Preservation (City) Districts for
property annexed into the City of Clearwater on July 18, 2002
pursuant to ANX 02-02-04.
SITE INFORMATION:
PROPERTY SIZE:
1,002,315 square feet or 23.01 acres
DIMENSIONS OF SITE: Approximately 900 feet by 1,000 feet
PROPERTY USE:
Current Use:
Proposed Use:
Two single-family detached dwellings and accessory structures
46 single-family detached dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS), Preservation (P) & Water/Drainage
Feature (County)
Residential Suburban (RS), Preservation (P) & Water/Drainage
Overlay (City)
ZONING DISTRICT:
Current District:
RR, Residential Rural (County)
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-0901O - Page 1
Proposed District:
LDR, Low Density Residential District & P, Preservation (City)
EXISTING
SURROUNDING USES:
North: Single-Family Residential & Vacant
South: Single-Family Residential & Vacant
East: Water (Lake Chautauqua)
W est: Vehicle Sales and Display
ANAL YSIS
The Future Land Use Plan and rezoning application involves four (4) parcels of land,
approximately 23.01-acres in area, containing two single-family residential dwellings with
accessory structures. The site currently has County Future Land Use Plan designations of
Residential Suburban (RS), Preservation (P) and Water/Drainage Feature. No changes to the
Future Land Use Plan designations are being proposed to the site as part of this application.
On July 18, 2002, the City Commission approved ANX 02-02-04 which annexed this site into
the City limits. The annexation application also involved a companion Future Land Use Plan
amendment and rezoning application (LUZ 02-02-02) that requested an increase in density from
2.5 dwelling units per acre to 7.5 dwelling units per acre. The City Commission approved a
Future Land Use Plan amendment to 5.0 dwelling units per acre, however, that application was
denied by the Board of County Commissioners. As a result of the denied application, the site
was annexed into City jurisdiction without an initial City future land use plan or zoning
designation. The applicant is requesting the City provide initial Future Land Use Plan
designations of Residential Suburban (RS), Preservation (P) and Water/Drainage Overlay and
consistent zoning designations of LDR, Low Density Residential and P, Preservation in order to
develop the 23-acre site with 46 single-family detached dwellings, as part ofFLS2003-10054.
As this request is only to provide initial zoning and future land use plan categories consistent
with the existing County designations, the application is not subject to approval by the Pinellas
Planning Council and Board of County Commissioners.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l &
4-603.F.I]
The application does not propose to change the Residential Suburban (RS), Preservation (P) and
WaterlDrainage Feature plan categories and the proposed use is consistent with the uses and
density of these plan categories. Further, the application promotes infill development as stated in
Objective 2.4 of the Clearwater Future Land Use Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed application is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-0901O - Page 2
As the application only requests an initial designation to the Residential Suburban (RS), with a
maximum density of two-and-a-half (2.5) dwelling units per acre, Preservation (P) and
Water/Drainage Overlay categories, there is no change requested in the Comprehensive Plan
category of the site.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
U.S. Highway 19 Corridor
In the subject site location, U.S. Highway 19 is a six-lane divided roadway. The U.S. Highway
19 corridor in this area between Sunset Point Road and Enterprise Road is characterized by a
variety of development including multi-family residential, retail, office, commercial, restaurant,
vehicle sales/display, vehicle service and warehouse uses. The Countywide Future Land Use
Plan has designated land in this area on the east and west sides of U.S. Highway 19 as
Commercial General, Commercial Limited, Residential/Office/Retail, Residential/Office
General, Residential High and Residential Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west
are Commercial Limited (CL) and Residential/OfficelRetail (RJO/R). Areas to the north and
south are designated Residential Suburban (RS) and Preservation (P). The Water/Drainage
Feature category borders the site to the east.
The existing surrounding uses include vehicle sales/display to the west. To the north and south
are single-family detached dwelling and vacant land, while to the east is Lake Chautauqua.
The proposed future land use plan and zoning categories are compatible with the surrounding
uses due the residential character of the areas to the immediate north and south.
IV, SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
The subject site is approximately 23.01-acres in area and is currently occupied by two single-
family dwellings with accessory structures. Based on a maximum permitted intensity in the
current and proposed Residential Suburban (RS) category of 2.5 dwelling units per acre and the
Preservation (P) category of 1 dwelling unit per acre, 46 residential units could be constructed on
the site. No dwelling units are available for transfer from the area designated Water/Drainage
Overlay. As this application is intended only to provide initial future land use plan and zoning
designations for the site, no impact on public facilities are associated with this application.
Roadways
As this application is intended only to provide initial future land use plan and zoning
designations for the site, no impact to the operational efficiency of the signalized intersections
within the subject area is anticipated because the maximum development potential is not
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-0901O - Page 3
changing from the current designation.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed designations. The total
miles of fixed route service will not change; the subject site is located within Y4 mile of an
existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PSTA) bus service is available along U.S. Highway 19 North.
Water and Sewer
No water service or sewer service is currently available to the site. Sewer and water service will
be provided by the City of Clearwater and capacity for the project is available for this utility.
The closest sewer and water lines are located in the adjacent Chautauqua Avenue right-of-way.
The applicant is aware of the assessment fee and the impact fee payments required for sewer and
water connection, as well as any additional costs to extend City sewer and water service to the
property.
The current and proposed zoning and future land use plan designations could demand
approximately 11,500 gallons of water per year and approximately 9,200 gallons of wastewater
per year for the 23-acre site. The maximum development potential permitted under the proposed
land use and zoning districts will not negatively affect the City's current LOS for water and
wastewater.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
The current and proposed zoning and future land use plan designations could result in the
generation of 116 tons of solid waste per year for the 23-acre site. The maximum development
potential permitted under the proposed land use and zoning districts will not affect the City's
current LOS for solid waste disposal.
Recreation and Open Space
As the proposed future land use plan and zoning designations will allow the development of 46
residential units, payment of a Open Space, Recreation Land and Recreation Facility impact fee
will be required. The amount of this fee is dependent on the number of developed units and will
be addressed during the site plan review process.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
There are environmentally sensitive lands (wetlands) and a water feature on this site. The
Clearwater Comprehensive Plan requires wetlands to be protected through the Preservation (P)
Future Land Use Plan category and zoning district. This application proposes to place the
Preservation (P) and WaterlDrainage Overlay designations on the Clearwater Future Land Use
Plan Map, as well as zone these areas Preservation (P). In addition to this protection, the
Community Development Code will require a 25-foot vegetative buffer between any portion of
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-0901O - Page 4
the development and the Preservation (P) zoning district boundary.
According to a preliminary survey provided by the applicant, there are a significant number of
protected trees on this site. At the time of site plan approval, it will be determined the trees to be
preserved. The Land Resource Specialist will work with the applicant during site plan approval
to assist with a site configuration that will work to preserve the protected trees.
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan. Also, at the time of
site plan approval, the exact location of the wetlands will be determined and protected.
The proposed land use amendment will not have a negative impact on the natural environment.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The location of the proposed Residential Suburban (RS), Preservation (P) and Water/Drainage
Overlay boundaries are logical and an appropriate classification between the single-family uses
to the north and south and the lake to the east. The district boundaries are appropriately drawn in
regard to location and classifications of streets, ownership lines and existing improvements.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.]
The proposed LDR, Low Density Residential District permits a density of 2.5 dwelling units per
acre, while the P, Preservation District permits the on-site transfer of 1.0 dwelling unit per acre
of preserved area. No dwelling units are available for transfer from the area designated
Water/Drainage Overlay. The total size of the subject site is 1,002,315 square feet, and all but
one of the existing parcels exceed the 20,000 square feet minimum lot area requirement and 100
feet minimum lot width requirement of the Low Density Residential zoning district. The
applicant has submitted a preliminary plat application to create 46 separate lots, which is being
processed concurrently with the site's development application.
Approval of this land use plan and zoning district designation does not guarantee the right
to develop on the subject property, Transportation concurrency must be met, and the property
owner will have to comply with all laws and ordinances in effect at the time development
permits are requested.
The existing and proposed use of this property is consistent with the Low Density Residential
and Preservation zoning district regulations.
SUMMARY AND RECOMMENDATIONS:
The purpose of this application is to provide initial City Future Land Use Plan and Zoning Atlas
designations for this site, which was annexed into the City on July 18, 2002. The Future Land
Use Plan categories are proposed to remain the same as designated in the County and are as
Staff Report - Community Development Board - December 16, 2003 - Case LUZ2003-090 1 0 - Page 5
follows: Residential Suburban (RS), Preservation (P) and Water/Drainage Overlay. The
proposed initial City zoning designations of LDR, Low Density Residential and P, Preservation
Districts are consistent with these land use categories. The designation of these properties will
allow the development of 46 detached dwellings. The neighborhood is surrounded by single-
family residential dwellings to the north and south; Lake Chautauqua to the east; and vehicle
sales/display to the west.
The proposed Residential Suburban (RS), Preservation (P) and Water/Drainage Overlay Future
Land Use Plan classifications and LDR, Low Density Residential and P, Preservation zoning
districts are consistent with both the City and the Countywide Comprehensive Plans, are
compatible with the surrounding area, do not require nor affect the provision of public services,
are compatible with the natural environment and are consistent with the development regulations
of the City.
The Planning Department recommends APPROVAL of the following actions on this application:
1. Provide initial Future Land Use Plan designations to the Residential Suburban (RS)
(City), Preservation (P) (City) and WaterlDrainage Overlay (City) Categories for
property at 2301 Chautauqua Avenue; and
2. Provide initial zoning designations to the LDR, Low Density Residential (City) and the P,
Preservation (City) Districts for property at 230 I Chautauqua Avenue.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attachments
Application
Locatipn Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:IP/anning Departmenl'C D BiLand Use AmendmentslLUZ 2003iLUZ2003-09010 ROil/and Homes, Inc 2301 ChaulauquaA ve1LUZ2003-09010 ROil/and Hames
slqff report. doc
Staff Report - Community Development Board - December 16,2003 - Case LUZ2003-09010 - Page 6
Location Map
Applicant: Rottlund Homes of Florida, Inc. Case: LUZ2003-090 10
Site: 2301 Chautauqua Avenue Property 23.01
Size(Acres):
Land Use Zoning 32/28/16/14922/038/0040
PIN: 32/28/16/00000/310/0100
RS, P & RR(County) 32/28/16/00000/240/0400
From: Water/Drainage Feature 32/28/16/00000/240/0300
To: RS, P & Water LDR & P A tlas Pages: 233A & 244A
Water/Drainage Overlay
Aerial Photograph
Applicant: Rottlund Homes of Florida, Inc.
Case:
LUZ2003-090 10
Site: 2301 Chautauqua Avenue
Property
Size(Acres):
23.01
From:
RS, P &
Water/Drainage Feature
RR(County)
PIN:
32/28/16/14922/038/0040
32/28/16/00000/310/0100
32/28/16/00000/240/0400
32/28/16/00000/240/0300
Land Use
Zoning
To:
RS, P & Water
Water/Drainage Overlay
LDR & P
A tlas Pages:
233A & 244A
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Future Land Use Plan Map
Applicant: Rottlund Homes of Florida, Inc.
Case:
LUZ2003-090 10
Site: 2301 Chautauqua Avenue
Property
Size(Acres):
23.01
From:
RS, P &
Water/Drainage Feature
RR(County)
PIN:
32/28/16/14922/038/0040
32/28/16/00000/310/0100
32/28/16/00000/240/0400
32/28/16/00000/240/0300
Land Use
Zoning
To:
RS, P & Water
Water/Drainage Overlay
LDR & P
A tlas Pages:
233A & 244A
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Zoning Map
Applicant: Rottlund Homes of Florida, Inc.
Case:
LUZ2003-090 10
Property
Size(Acres):
Site: 2301 Chautauqua Avenue
From:
To:
23.01
Land Use Zoning
32/28/16/14922/038/0040
32/28/16/00000/310/0100
32/28/16/00000/240/0400
32/28/16/00000/240/0300
RS, P & RR(County)
Water/Drainage Feature
PIN:
RS, P & Water LDR & P
Water/Drainage Overlay
A tlas Pages:
233A & 244A
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Existing Surrounding Uses
Applicant: Rottlund Homes of Florida, Inc.
Case:
LUZ2003-090 10
Site: 2301 Chautauqua Avenue
Property
Size(Acres):
23.01
From:
RS, P &
Water/Drainage Feature
RR(County)
PIN:
32/28/16/14922/038/0040
32/28/16/00000/310/0100
32/28/16/00000/240/0400
32/28/16/00000/240/0300
Land Use
Zoning
To:
RS, P & Water
Water/Drainage Overlay
LDR & P
A tlas Pages:
233A & 244A
Property to the west
Property to the north
Site view from the west
View looking east
View to the south
Site view to the east
Rottlund Homes of Florida, Inc. LUZ2003-09010
2310 Chautauqua Avenue
ORDINANCE NO. 7228-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE EAST SIDE OF CHAUTAUQUA AVENUE,
APPROXIMATELY 600 FEET EAST OF U.S. HIGHWAY 19
NORTH, CONSISTING OF LOTS 1 TO 6, BLOCK 42, LOTS 1 TO
26, BLOCK 40, LOTS 1 TO 8, BLOCK 41, LOTS 1 TO 13,
BLOCK 43, LOT 4, BLOCK 38, ALL IN UNIT 1, SECTION A,
CHAUTAUQUA ON THE LAKE, WHOSE POST OFFICE
ADDRESS IS 2301 CHAUTAUQUA AVENUE, UPON
ANNEXATION INTO THE CITY TO RESIDENTIAL SUBURBAN,
WATER/DRAINAGE OVERLAY, AND PRESERVATION;
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 COMMISSION 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 as follows:
Prooerty
See legal description attached hereto
Land Use Cateaorv
To: Residential Suburban, water/drainage
overlay and Preservation
(LUZ2003-09010)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pine lias County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7228-04
ORDINANCE NO. 7229"()4
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE EAST SIDE OF
CHAUTAUQUA AVENUE, APPROXIMATELY 600 FEET EAST
OF U.S. HIGHWAY 19 NORTH, CONSISTING OF LOTS 1 TO 6,
BLOCK 42, LOTS 1 TO 26, BLOCK 40, LOTS 1 TO 8, BLOCK
41, LOTS 1 TO 13, BLOCK 43, LOT 4, BLOCK 38, ALL IN UNIT
1, SECTION A, CHAUTAUQUA ON THE LAKE, WHOSE POST
OFFICE ADDRESS IS 2301 CHAUTAUQUA AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P);
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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See legal description attached hereto
(LUZ-2003-09010)
Zonina District
Low Density Residential (LDR) and
Preservation (P)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7228-04, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7229-04
13.
Second Reading
ORDINANCE NO. 7214-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 2779-82, WHICH ESTABLISHED A
REDEVELOPMENT TRUST FUND PURSUANT TO SECTION
163.387, FLORIDA STATUTES TO PROVIDE FOR THE
DEPOSIT OF FUNDS INTO THE TRUST FUND FOR THE
GATEWAY CRA EXPANSION AREA AS ESTABLISHED IN
RESOLUTION 03-22; ESTABLISHING THE BASE YEAR FOR
THE EXPANSION AREA; PROVIDING FOR THE FUNDING OF
THE REDEVELOPMENT TRUST FUND FOR THE COMMUNITY
REDEVELOPMENT EXPANSION AREA; PROVIDING FOR THE
APPROPRIATION OF TAX INCREMENT REVENUES OF THE
CITY AND THE COUNTY TO THE REDEVELOPMENT TRUST
FUND; PROVIDING FOR THE USE OF SUCH FUNDS BY THE
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR
THE DURATION OF THE TAX INCREMENT FINANCING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of Florida has enacted the Community
Redevelopment Act of 1969, as amended, and codified as Part III, Chapter 163, Florida
Statutes (the "Redevelopment Act"); and
WHEREAS, all powers arising through the Redevelopment Act were conferred by
that Act upon counties which have adopted home rule charters, which counties in turn
are authorized to delegate such powers to municipalities within their boundaries when
such municipalities desire to undertake redevelopment within their respective municipal
boundaries; and
WHEREAS, Pinellas County, Florida (the "County") and the City of Clearwater,
Florida (the "City") mutually desire to increase the ad valorem tax base of the County
and City; and
WHEREAS, under circumstances where a delegation for redevelopment has
already occurred and the City wishes to expand that delegation, the County finds that
delegation of certain redevelopment powers and authority to the City under the
Redevelopment Act is an appropriate vehicle to accomplish the necessary planning for
redevelopment within the proposed expanded area in the City; and
WHEREAS, the Board of County Commissioners of Pinellas County. Florida, by
its Resolution No. 81-466 dated June 30,1981, delegated to the City Commission of the
City of Clearwater, Florida, the power and authority to conduct redevelopment activities
as defined in the Redevelopment Act; and
Ordinance No. 7214-03
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
81-67 dated August 6, 1981, declared a blighted area in downtown Clearwater and the
need for a Community Redevelopment Agency to carry out redevelopment activities in
this blighted area; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
81-68 dated August 6, 1981, declared the City Commission to be the Community
Redevelopment Agency; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No.
2576-81 dated December 17, 1981, adopted a Redevelopment Plan for the Downtown
Redevelopment Area; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No.
2779-82 dated August 19,1982, established a Redevelopment Trust Fund for
redevelopment projects within the redevelopment area and set the duration ofthe Trust
Fund; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Ordinance No. 82-34, dated October 26, 1982, approved a redevelopment project
schedule within the Clearwater Downtown Redevelopment District and created a
redevelopment trust fund and provided for the appropriation of tax increment revenues
of the County to the redevelopment trust fund; and
WHEREAS, the City Commission of the City of Clearwater, by its Ordinance No.
3021-83 dated February 28, 1983, amended the Redevelopment Plan to add the
Community Redevelopment Project Schedule; and
WHEREAS, by Ordinance No. 86-14, dated April 16, 1986, the Board of County
Commissioners of Pinellas County, Florida, amending Ordinance No. 82-34 approving a
redevelopment project schedule within the Clearwater Downtown Redevelopment
District and creating a redevelopment trust fund and providing for the appropriation of
tax increment revenues of the County to the redevelopment trust fund; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
99-26 dated April 7, 1994, adopted an official map clearly and precisely showing the
boundaries of the community redevelopment area; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Resolution No. 94-157, dated June 7. 1994, re-delegated redevelopment powers to
the City Commission of the City of Clearwater, Florida, after a rectification between the
Redevelopment District map and the Redevelopment District legal description; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
95-65, dated August 17, 1995, adopted an amended redevelopment plan for the
Redevelopment Area;
2
Ordinance No. 7214-03
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, by
its Resolution No. 95-261, dated September 19, 1995, approved the new Downtown
Redevelopment Plan; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
96-48 dated July 18, 1996, amended the Downtown Redevelopment Plan; and
WHEREAS, the Board of County Commissioners of Pinellas County. Florida, by
its Resolution No. 98-42, dated February 24, 1998, approved the amendment to the
Clearwater Downtown Redevelopment Plan; and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
98-47 dated October 1, 1998, amended the Downtown Redevelopment Plan to change
the land use designation for certain property located within the Redevelopment Area;
and
WHEREAS, the City Commission of the City of Clearwater, by its Resolution No.
99-35 dated September 2, 1999, amended the Downtown Redevelopment Plan to
change the land use designation for certain property located within the Redevelopment
Area; and
WHEREAS, the City Commission of the City of Clearwater, Florida, by its
Resolution No. 02-41, dated August 8, 2002, declared an area generally east of the
Redevelopment District of the City described in said Resolution, hereinafter referred to
as the "Gateway Expansion Area" to be a slum or blighted area; and
WHEREAS, the Board of County Commissioners, by Resolution 02-287 dated
October 29, 2002, delegated certain authority and power for the Gateway Expansion
Area to the City.
WHEREAS, the City Commission of the City of Clearwater, by its Resolution 03-
22 dated May 1, 2003, expanded the boundaries of the Downtown Redevelopment
Area; and
WHEREAS, the City Commission of the City of Clearwater on September 18,
2003, passed Ordinance 7153-03, as amended by Ordinance 7231-03 on December 4,
2003, adopted an amended Downtown Redevelopment Plan; and
WHEREAS, the Board of County Commissioners, by Resolution
approved the amended Downtown Redevelopment Plan; now therefore:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
3
Ordinance No. 7214-03
Section 1. Ordinance 2779-82, which was passed and adopted on August 19,
1982 is hereby amended and readopted to read as follows:
1 . Creation and Purpose
There is hereby established and created, pursuant to Section 163.387, Florida Statutes,
a Redevelopment Trust Fund, hereinafter referred to as the "Fund," to be used
exclusively to finance or refinance community redevelopment projects by the City of
Clearwater Community Redevelopment Agency, pursuant to Chapter 163, Florida
Statutes, Part III, Community Redevelopment Act.
The funds allocated to, and deposited into, the Fund as provided in this
Ordinance are hereby appropriated to the City of Clearwater Community
Redevelopment Agency, hereinafter referred to as "Agency," to finance the City of
Clearwater community redevelopment projects within the redevelopment area identified
in Ordinance No. 7153-03 of the City of Clearwater. The Agency shall utilize the funds
and revenues paid into and earned by the Fund for those community redevelopment
purposes delegated to it as contained in the plan for redevelopment and as provided by
law, and such fund shall exist for the duration of the projects within the redevelopment
area, and for so long thereafter as indebtedness continues to exist.
2. Monies Appropriated To and Comprisinq the Fund
The Redevelopment Trust Fund shall consist of, and the City of Clearwater hereby
appropriates, commits and sets over for payment into the Fund a sum equal to that
increment from the income, proceeds, revenues and funds of the City derived from or
earned in connection with the community redevelopment project area, and agencies
undertaking and carrying out of the community redevelopment projects therein. Such
tax increment shall be determined and appropriated annually, and shall be an amount
equal to 95 percent ofJhe difference between:
(a) The amount of ad valorem taxes levied each year by the City and County~
exclusive of any amount from any debt service millage, on taxable real
property contained within the geographic boundaries of the
redevelopment area as defined in the adopted Redevelopment Plan for
Downtown Clearwater (Ordinance No. 7153-03, as amended by
Ordinance No. 7231-03); and
(b) (1) For the original CRA area: the amount of ad valorem taxes which
would have been produced by the rate upon which the tax is levied each
year by the County and City, exclusive of any amount from any debt
service millage, upon the total of the assessed value of the taxable
property in the above-referenced redevelopment area as shown upon the
assessment role used in connection with the taxation of such property by
the County and the City prior to the effective date (December 17, 1981) of
Ordinance No. 2576-81 of the City of Clearwater; or
4
Ordinance No. 7214-03
(2) For the Gateway Expansion Area: the amount of ad valorem taxes
which would have been produced by the rate upon which the tax is levied
each year by the County and City, exclusive of any amount from any debt
service millage, upon the total of the assessed value of the taxable
property in the above-referenced redevelopment area as shown upon the
most recent assessment role used in connection with the taxation of such
property by the County and the City prior to the effective date of the
County ordinance providing for the funding of the trust fund.
I n calculating the increment, the amount of ad valorem taxes levied based on
county-wide debt service on general obligation County bonds or city-wide debt service
on general obligation City bonds shall be excluded from the calculation. All increments
in this amount shall continue to be used for its voter-approved purpose and shall not be
appropriated in any part to the Fund. In no year shall the County or City obligation to
the Fund exceed the amount of that year's tax increment as defined by this ordinance.
Specifically excluded from the annual funding calculations are any increments in
ad valorem taxes received by the Pinellas County Planning Council, the Juvenile
Welfare Board, the Tampa Bay_Water Supply Authority, the South West Florida Water
Management District, the Pinellas Anclote River Basin Board, the Pinellas Suncoast
Transit Authority, the Clearwater Downtown Development Board, and any other such
boards, councils or authorities as may be duly established during the duration of the
trust fund.
The Agency is directed to establish and set up the Fund and to develop and
promulgate rules, regulations and criteria whereby the Fund may be promptly and
effectively administered, including the establishment and maintenance of books and
records and adoption of procedures whereby the Agency may, expeditiously and
without undue delay, utilize such funds for their allocated statutory purpose.
The Agency is faced with full responsibility for the receipt, custody,
disbursement, accountability, management and proper application of all monies paid
into the Fund.
3. Duration of the Fund
Subject to approval by the County, the County and City shall annually
appropriate to the Fund the tax increment due the Fund at the beginning of the County
and City fiscal year. However, the Fund shall receive the tax increment only as, if and
when such taxes are collected. Subject to approval by the County, the County and
City's obligation to annually appropriate to the Fund shall commence immediately upon
effective date of this ordinance and continue until all loans, advances, indebtedness
and obligations incurred as a result of the community redevelopment project have been
paid or for thirty years from the effective date of this ordinance, if there has not been at
the end of that thirty year period a pledge of the tax increment funding granted by this
5
Ordinance No. 7214-03
ordinance through a formal commitment to expend funds or the issuance, sale or
delivery of an instrument of indebtedness such as bonds or tax anticipation notes
described in Section 163.385, Florida Statutes.
Notwithstanding the above, in 2019, the County may review its tax increment
contribution to determine whether given the totality of the circumstances, it continues to
be appropriate to dedicate the County portion of tax increment at the existing level,
beyond 15 years. Nothing herein precludes the County from considering dedication at
a reduced commitment provided that option is legally available.
Redevelopment Conditions for 15-year TIF review
The success of the Plan relies on significant private investment in residential,
employment and retail uses so that the Downtown is marketable. Absent realizing this
investment, the Plan is not succeeding.
1. Performance of TIF revenues
During the 15-year review period, how do the annual TIF revenues collected
compare to the estimated revenues?
Measures: Collected TIF revenues (per Property Appraiser and Tax Collector)
2. Implementation of Downtown Redevelopment Plan
During the 15-year review period, how has the City performed in implementing
the Downtown Redevelopment Plan with particular emphasis on use of TIF funds in
implementation.
Measures: Capital projects built or almost complete compared to the Capital
Improvement Plan of the Downtown Redevelopment Plan; and CRA Programs and
Initiatives implemented compared to those in the Downtown Redevelopment Plan
implementation chapter.
Changes in the employment opportunities in the Downtown/eRA comparing the
year of Plan adoption to the 15th year after adoption.
3. Effectiveness of Downtown Redevelopment Plan at Mitigating Blighting
Influence
During the 15-year review period, did the actions implementing the Downtown
Redevelopment Plan have the desired effect of redeveloping the CRA?
Measures: Changes in the Downtown/CRA assessed property value as
compared to the City's assessed value between the years of Plan Adoption to the 15th
year after adoption.
6
Ordinance No. 7214-03
Demographic chan~es in the Downtown/CRA and in the City comparing the year
of Plan adoption to the 15 year after adoption.
Housing changes in the Downtown/CRA and in the City comparing the year of
Plan adoption to the 15th year after adoption.
Property ownership rates, code violation enforcement rates and crime rates in
the Downtown/CRA and in the City comparing the year of Plan adoption to the 15th year
after adoption.
The City shall submit the data and analysis to the County for the 15 year review
no later than January 1, 2019. The Board of County Commissioners shall complete its
review prior to March 1, 2019 and shall notify the Community Redevelopment Agency in
writing by March 1, 2019, if it intends to eliminate or reduce the amount and/or duration
of the County's tax increment contribution after the 15th year of increment. In the
absence of such notification, the contribution shall continue as provided herein.
4. Proiects
The assets of the Redevelopment Trust Fund shall be applied, allocated,
expended and invested or reinvested in furtherance of the projects outlined in the
Downtown Redevelopment Plan as adopted in Ordinance 7153-03, and amended by
Ordinance 7231-03. Such application of the funds shall also be consistent with the
provisions of Chapter 163, Florida Statutes, Part III, Community Redevelopment Act.
There is hereby established and created, accordance with the provisions of the
Act, a Community Redevelopment Trust Fund ("Trust Fund") for the Community
Redevelopment Area including the Gateway Expansion Area, which funds shall be
utilized and expended for the purposes of and in accordance with the Plan, including
any "community redevelopment," as that term is defined in Section 163.340(9), Florida
Statutes, under the Plan.
The funds deposited or allocated into the Trust Fund are appropriated to the City of
Clearwater Community Redevelopment Agency to finance the Downtown Clearwater
Community Redevelopment Plan. The Community Redevelopment Agency shall use
the funds paid into or earned by the Trust Fund for any community redevelopment
purpose delegated to it, as set forth in the modified Downtown Clearwater Community
Redevelopment Plan Ordinance. Use of that portion of the tax increment attributable
to the County shall be limited to capital improvements, land acquisition and
environmental remediation as more specifically provided in Ordinance 7231-03 as it is
amended from time to time.
Section 2. Severability
7
Ordinance No. 7214-03
If any provision or portion of this Ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and
portions of this Ordinance shall remain in full force and effect.
Section 3. Repeal Conflicting Ordinance
All ordinances or parts of ordinances in conflict herewith are to the extent of such
conflict hereby repealed.
Section 4. Effective Date
This ordinance shall take effect upon adoption of the County ordinance
establishing the Redevelopment Trust Fund as provided herein.
PASSED ON FIRST READING
December 18. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest
IlLI
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 7214-03
(If .
Second Reading
ORDINANCE NO. 7215-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS
AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE
NO. 5142-91, ORDINANCE NO. 5722-95, ORDINANCE NO.
6107-96 AND ORDINANCE NO. 6678-01, A
DEVELOPMENT ORDER ISSUED PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE,
A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING
FINDINGS OF FACT; PROVIDING CONCLUSIONS OF
LAW; EXTENDING THE BUILDOUT DATE; DETERMINING
THAT SAID AMENDMENT IS CONSISTENT WITH THE
ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No.
3205-83 (the "Development Order") which ordinance constitutes a development order
for Park Place, a development of regional impact, affecting the property described on
Exhibit "A" attached hereto and incorporated herein (the "Development"); and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance
No. 3287-83, an amendment to the Development Order and readopted Ordinance
No. 3287-83 on December 8, 1983; and
WHEREAS, on December 19, 1991, the City Commission adopted Ordinance
No. 5142-91, an Amendment to the Development Order; and
WHEREAS, on January 19, 1995, the City Commission adopted Ordinance
No. 5722-95, an Amendment to the Development Order; and
WHEREAS, on November 21, 1996, the City Commission adopted Ordinance No.
6107-96, an Amendment to the Development Order; and
WHEREAS, on February 1, 2001, the City Commission adopted Ordinance No.
6678-01, an Amendment to the Development Order; and
WHEREAS, on September 10, 2003, Bausch and Lomb Incorporated and Park
Place Land, Ltd., a Florida limited partnership, the owners of certain undeveloped areas
of the Development, filed an application entitled "Notification of a Proposed Change to
a Previously Approved Development of Regional Impact (''DRI'') pursuant to Subsection
380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with
copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the
Florida Department of Community Affairs (the "DCA"); and
Ordinance No. 7215-03
WHEREAS, the NOPC proposes to amend the Development Order to extend the
build-out date by five years to December 31, 2008 (the "Proposed Change"); and
WHEREAS, the Proposed Change, combined with previous amendments to the
Development Order, is presumed to create a substantial deviation, pursuant to
Subsection 380.06(19), Florida Statutes; and
WHEREAS, the NOPC has satisfactorily addressed all regional issues related to
the Development and the presumption of a substantial deviation has been rebutted;
and
WHEREAS, the City Commission, as the governing body of the local government
having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider applications for proposed changes to previously approved
DR Is; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and
the City have been satisfied; and
WHEREAS, the City Commission has reviewed the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Introduction - This Ordinance shall constitute an amendment to the
Park Place Development Order as previously amended.
Section 2. Findings - The City Commission, having received all related
comments, testimony and evidence submitted by each party and members of the
general public, finds that there is substantial competent evidence to support the
following findings of fact:
A. The Park Place Development Order, as adopted by Ordinance No. 3205-
83, and amended by Ordinances No. 3287-83, No. 5142-91, No. 5722-95,
6107-96 and 6678-01, is a valid final development order within the
provisions of Section 163.3167(8), Florida Statutes, affecting the property
described on Exhibit "A" attached hereto and incorporated herein.
B. Bausch and Lomb Incorporated and Park Place Land, Ltd., a Florida limited
partnership, the owners of undeveloped portions of the DRI, have proposed
that the Development Order be amended to extend the build-out date by
five years to December 31, 2008.
2
Ordinance No. 7215-03
C. A comprehensive review of the impacts generated by the Proposed
Change, together with all previous amendments, has been conducted by
the City's departments, the TBRPC and the DCA.
D. The Proposed Change is not located in an area of critical state concern
designated as such pursuant to Section 380.0S, Florida Statutes (1993).
E. The Proposed Change, together with all previous amendments, does not
increase the external traffic impact of the development, nor does it create
additional impacts on other public facilities, including water, wastewater,
drainage, solid waste, recreation and mass transit, from the original
projections set forth in the Application for Development Approval ("ADA").
F. The Proposed Change hereby approved is determined not to be a
substantial deviation to the Development Order.
Section 3. Conclusions of Law - The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. The Development as built to date is consistent with the local
comprehensive plan and local land development regulations under which it
was developed.
B. The Development as modified herein, and as depicted on the Revised Map
H, Master Plan, attached hereto as Exhibit "B," will not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to the area.
C. The Proposed Change is consistent with the local land development
regulations currently in effect.
D. The Proposed Change, together with all previous amendments, does not
create a reasonable likelihood of additional impact or any type of regional
impact not previously reviewed by the TBRPC and DCA, over those treated
under the Development Order. The Proposed Change, therefore, does not
constitute a "substantial deviation" from the Development Order, pursuant
to Chapter 380.06, Florida Statutes. The Proposed Change is exempt from
the provisions of Ordinance No. 4983-90, City of Clearwater and the Park
Place DRI remains vested thereunder.
E. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the Proposed Change to the Development Order as
approved by this ordinance.
3
Ordinance No. 7215-03
F. The Proposed Change is within the threshold guidelines of Ordinance No.
4983-90 of the City, relating to determinations of vested development
rights, and the Park Place DRI remains vested thereunder.
G. These proceedings have been duly conducted pursuant to applicable law
and regulations, and based upon the record in these proceedings, the
various departments of the City, Bausch and Lomb Incorporated, Park
Place Land, Ltd., and other owners of the Development are authorized to
approve/conduct development as described herein.
H. The review by the City, the TBRPC, and other participating agencies and
interested citizens reveals that impacts are adequately addressed pursuant
to the requirements of Chapter 380, Florida Statutes.
Section 4. Order - Having made the above findings of fact and drawn the above
conclusions of law, it is ordered that the Development Order be amended as follows:
A. The Conceptual Plan described in Sections 4.A. and 4.J. of the
Development Order is amended to be as shown on Exhibit "B" attached
hereto and incorporated herein. All references to the Conceptual Plan set
forth in the Development Order shall refer to the Amended Conceptual Plan
attached hereto as Exhibit "B."
B. The build-out date is hereby extended to December 31, 2008.
C. The amendments stated herein, together with all previous amendments, do
not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
D. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order
as approved by this ordinance.
E. The City Clerk shall send copies of this ordinance, within five (S) days after
passage of this ordinance on second reading to Bausch and Lomb
Incorporated, Park Place Land, Ltd., DCA and TBRPC.
F. This ordinance shall be deemed rendered upon transmittal of copies hereof
to the TBRPC and the DCA.
G. Notice of adoption of this ordinance shall be recorded by the Developer in
the public records of Pinellas County, Florida, as provided in Section
380.06, Florida Statutes.
4
Ordinance No. 7215-03
Section 5. Effective Date. This ordinance shall take effect when filed as provided
by law, unless this ordinance is appealed, in which event this ordinance shall not take
effect until such appeal has been decided.
PASSED ON FIRST READING
December 18. 2003
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst
Mayor-Com missioner
Approved as to form:
Attest:
Leslie K. Dougall'S es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7215-03
EXHIBIT "A"
TO ORDINANCE NO. 7215-03
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida and go S 89046'01" W, 660.00 feet, along the South boundary of the
Northwest 1/4 of said Section 17 (the East-West centerline of said Section 17;) thence
N 00019'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay
Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North
right-of-way line, S 89046'01" W, 58.49 feet; thence N 00013'59" W, 10.00 feet; thence
S 29046'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01004'04"
E, 599.99 feet; thence S 89046'01" W, 198.43 feet; thence N 00052'21" E, 554.70 feet;
thence S 89054'49" W, 400.06 feet, to a point on the East right-of-way line of U.S.
Highway 19; thence, following said East right-of-way line, N 01004'04" E, 28.15 feet;
thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82
feet, a chord length of 72.39 feet, a chord bearing of N 11056'04" E, thence N 22047'58"
E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc
length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20051 '27" E, to a
point on the North boundary of the Southwest 1/4 of the Northwest 1/4 of said Section
17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89054'49" E,
1222.19 feet, along the North boundary of the Southwest 1/4 of the Northwest 1/4 of
said Section 17 to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of
said Section 17; thence N 00022'28" E, 1337.33 feet, along the West boundary of the
Northeast 1/4 of the Northwest 1/4 of Section 17 to the Northwest corner of said
Northeast 1/4 of the Northwest 1/4; thence S 89056'11" E, 1312.06 feet, along the North
boundary of said Northeast 1/4 of the Northwest 1/4 to a point on the West right-of-way
line of Hampton Road - County Road 144; thence S 00019'21" E, 2337.71 feet, along
said West right-of-way line; thence S 89046'01" W, 627.00 feet; thence S 00010'21" E,
280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by L1overas, Baur & Stevens, Consulting Engineers-Land
Surveyors, Clearwater, Florida, February 23, 1982.
U.S. 19
(FRONTAGE ROAD)
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Purchasing Memorandum
City Commission
01/15/2004
Agenda Number: 2407
PUR l
Agenda Item No:
Type:
Quantity:
Requesting Dept: Library
Purchase
Using Dept:
Bid Number or
Code Exception: Sec. 2.564 (1)( d) - FI St Contract
Vendorlnfo: Furniture Consultants, New York, New York
Description: Furniture lllstalled.
Comments: For installation in the new Main Library.
Amount:
$ 383,014.26
Appropriation Code(s):
315-93523-550400-571-000
Comments:
Code 550400 - $248313.80 (Unit cost less than $750)
Code 552500 - $75,374.46 (Unit cost between $750 ,md $4,999.99)
Code 564000 - $59,326 (Unit cost $5,000 or above)
1~,
FNI
City Commission
Agenda Cover Memorandum
v
Trackinq Number: 321
Actual Date: 01/15/2004
Subject / Recommendation:
Approve interlocal agreements with the Pinellas County Property Appraiser and the Pinellas
County Tax Collector for services related to the billing and collection of special assessments for
the burial of power lines on Sand Key and authorize the appropriate officials to execute same.
Summary:
The City of Clearwater has been using the services of the property appraiser and tax collector for
billing and collection of special assessments for the Sand Key power line burial special
assessment for the past seven years. The special assessment has three years of assessments
remaining.
The services are used via the Uniform Method of Collections of Non-Ad Valorem Assessments,
per State Statute, which allows the non-ad valorem assessment to appear on the assessed
parcel's property tax bill, to be collected by the tax collector along with ad valorem taxes.
Effective with the 2004 tax year the County is requiring the City, along with all other special
assessment districts, to execute revised contracts in order to continue to use the services of the
property appraiser and tax collector.
These agreements require the City to continue to compensate the Property Appraiser and Tax
Collector for actual time and materials.
These costs are passed on to the special assessment parcels via the calculation of the annual
special assessment. There is no net cost to the City.
The term of the property appraiser agreement is calendar year 2004 while the tax collector
agreement automatically renews on an annual basis until notice by the City.
Copies of the interlocal agreements are available for review in the Official Records and
Legislative Services Department.
Originating: Finance
Section Consent Agenda
Cateqorv: Agreements/Contracts - with cost
Number of electronic documents 2
attached:
Finanr.iallnFormation:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Other
~ Clearwater:
City Com mission
Agenda Cover Memorandum
~~.::;:~~~:
~~....r"*C"'~r;.;.;,."~'v'
Other Contract?
Interlocal Agreements with Property Appraiser & Tax Collecter
In Current Year Budget?
No
Budqet Adjustment:
No
Current Year Cost:
$0.00
Annual ODeratinq Cost:
$0.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$0.00
Not to Exceed:
$0.00
Appropriations Code
315-94711-530100-519-000
Amount
$0.00
Appropriations Comment
Cost to be recovered via special
assessment billings.
Review Approval
Jav Ravins
11-26-2003
16:44:48
Cvndie Goudeau
01-06- 2004
16:53:50
Jav Ravins
12-22-2003
09:25:42
Garrv Brumback
01-06-2004
15:33:22
t2.e.. ~ I ~
f<>.e: FN'
NON-AD VALOREM ASSESSMENT AGREEMENT
THIS AGREEMENT is made and entered into on this date,
by and between JIM SMITH the PINELLAS COUNTY PROPERTY APPRAISER, hereinafter
referred to as the "P AO" and the Local Governing Board ofthe City of Clearwater, hereinafter
referred to as the "BOARD". The P AO and the BOARD desire to implement the provisions of s.
197.3632, Florida Statutes, governing the uniform method for the levy, collection, and
enforcement of non-ad valorem assessments. The BOARD and the P AO agree as follows:
SECTION 1 Authority.
This Agreement is entered into pursuant to Section 197.3632(2) Florida Statutes, relating to
uniform method for the levy, collection, and enforcement of non-ad valorem assessments.
SECTION 2 Term.
The term of this Agreement shall be the date hereof through December 31, 2004.
SECTION 3 Scope of Services.
A. The BOARD and the P AO agree to perform the baseline tasks specified in Appendix A
by the annual deadlines contained therein.
B. The P AO and BOARD also agree to perform optional tasks specified in Appendix B in
accordance with the specifications and deadlines contained therein.
SECTION 4 Charges.
A. Project charges will be calculated on a time and materials basis, in accordance with the
Property Appraiser's rate schedule in effect when work is completed. The Property
Appraiser's Rate Schedule set forth in Appendix E, shall be in effect through September
30, 2004. The Rate Schedule may be revised effective October 1, 2004 and each October
1 st thereafter and will be based upon changes in labor and material costs. New rate
schedules will constitute an amendment to this Agreement to which both parties must
agree in writing as a condition to the continuation of this agreement.
B. The P AO shall submit an invoice, annually in October of each year, according to the
amounts set forth in Appendix E unless other payment arrangements have been included
in the attachments and agreed to by both parties.
C. The BOARD agrees to make payment to the P AO for the amount invoiced by December
15th ofthe invoice year.
SECTION 5 Responsibility for Non-Ad Valorem Roll Products and Use of Such Products.
A. The BOARD shall maintain any public record generated as a result of this agreement and
shall be responsible for answering all inquiries regarding non-ad valorem assessments.
B. The BOARD shall be responsible for the accuracy and completeness of its non-ad
valorem assessment roll and shall, by certifying the roll to the Tax Collector, signify its
verification of the roll.
C. If the non-ad valorem assessment is to appear on the Notice of Proposed Property Taxes
in the second and subsequent years of the assessment, the BOARD will provide
appropriate contact information for inclusion on such notice.
D. P AO shall verify the accuracy of non-ad valorem assessment information which appears
on the Notice of Proposed Property Taxes to ensure that it conforms to the roll prepared
by the BOARD.
E. The PAO reserves the right to use information created during production of the non-ad
valorem assessment roll and to respond to requests for public records concerning such
products without consulting the BOARD.
SECTION 6 Accounting and Records.
A. The P AO shall establish for the project, in conformance with currently accepted
accounting practices, a separate account to be maintained within its existing system. Such
account shall be available for inspection, upon request, by the BOARD at any time during
the period of this agreement and for a minimum of three (3) years after payment is made.
B. All charged costs shall be supported by the properly executed payrolls, time records,
invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the
charges.
SECTION 7 Persons with Authority to Act on Behalf ofthe Parties.
Appendix F identifies personnel authorized to act as point of contact on behalf of the parties
throughout the administration and implementation of this Agreement.
SECTION 8 Notice.
Notice by either party to the other pursuant to this Agreement shall be given in writing and hand
delivered or mailed to the parties listed as "Persons with Authority to Act on Behalf of the
Parties" in Appendix F.
SECTION 9 Construction.
This Agreement shall be construed as an expression of inter-agency cooperation enabling each
party to make the most efficient use of its powers in furtherance oftheir respective and common
objectives. However, this Agreement shall not be construed as delegating or authorizing the
delegation of the constitutional or statutory duties of either party to the other.
SECTION 10 Termination.
A. The parties agree that if either party shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if either party shall violate any ofthe covenants,
agreements, or stipulations of this Agreement, the other party shall thereupon have the
right to terminate this Agreement. The Agreement can be terminated, by either party by
giving the other party written notice not less than thirty (30) days prior to such
termination. In the event this termination provision is exercised by either party, the
BOARD shall remain liable to the P AO for charges incurred up to such termination.
B. Prior to action being taken by either party to terminate this Agreement, a sixty (60) day
period shall precede such action during which both parties shall attempt to resolve
whatever disagreement may exist. Such disagreement shall include those dealing with
workmanship, cost of production, changes in the content of this Agreement, and other
issues not specifically noted in this Agreement. Failure of either party to negotiate such
disagreement shall permit termination action to commence.
C. In the event sufficient budgeted funds are not available for a new fiscal period, the
BOARD shall notify the P AO of such occurrence and the Agreement shall terminate on
the last day of the then current fiscal year without penalty or additional expense to the
BOARD.
SECTION 11 Effective Date.
This Agreement shall take effect upon execution by the parties.
SECTION 12 Documents Comprising the Agreement.
This Agreement shall consist of this document comprised of sections 1 through 12 and the
attached signature page and the following appendices which are attached hereto and incorporated
herein by reference. In the event of a conflict between this document and the referenced
appendices, this document comprised of sections 1 through 12 and the attached signature page
shall supersede over the appendices.
Appendix A Specification and Deadlines for Work to be Performed
Appendix B Optional Task Specifications and Deadlines
Appendix C File Format for Non-Ad Valorem Assessment Data Transfer
Appendix D Report Format for Non-Ad Valorem Assessment District Printed List
Appendix E Property Appraiser's Rate Schedule
Appendix F Persons with Authority to Act on Behalf of the Parties
Appendix G Certification of Non-Ad Valorem Assessment Roll
Appendix H Sample Parcel Split, Combination, Add or Delete Report
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date set
forth above.
CITY OF CLEARWATER
By:
Mayor-Commissioner
Approved as to form:
City Attorney
By: Pamela K. Akin
City Attorney
PROPERTY APPRAISER'S
OFFICE
By: Jim Smith, CF A
Property Appraiser
Approved as to form:
Office of the County Attorney
By: Christina LeBlanc
Assistant County Attorney
Appendix A
Specifications and Deadlines for Work to be Performed
Responsible
Deadline Party
January 1 BOARD
January.l0 BOARD
January 10 BOARD
June 1 PAO
July 1 BOARD
August 1 P AO
Sept 15 BOARD
Task Description
Adopt a resolution which clearly states its intent to use the uniform
method of collecting the assessment. (s. 197.3632(3)(a)).
Provide a copy of the adopted resolution to the Property Appraiser
(s. 197.3632(3)(a)). The resolution must also include the
geographic boundary or legal description of the area to be assessed
sufficient to allow the Property Appraiser to identify the parcels of
real property that fall within such boundary.
Notify the Property Appraiser ifthe BOARD intends to discontinue
using the uniform method of collecting the non-ad valorem
assessment. (s. 197.3632(6)).
Provide the BOARD a printed list or compatible electronic
medium containing the parcel numbers, legal description, owners'
names and addresses of all parcels of land included in the non-ad
valorem assessment district (s. 197.3632(3)(b)). The definition of
the ASCII format that will be used for this data transfer is
contained in Appendix C and a sample of the paper listing is
contained in Appendix D.
All assessments and any corrections, additions or deletions to the
roll provided by the P AO must be returned to the P AO so that
maps and the non-ad valorem assessment data file can be corrected
and assessments can be added before production of Notices of
Proposed Property Taxes.
Provide a final printed list of the assessment roll to the BOARD,
including assessment amounts.
Certify the non-ad valorem assessment roll to the Tax Collector by
submission of the roll on compatible electronic medium and by
supplying the Tax Collector with a copy of the Certificate to Non-
Ad Valorem Assessment Roll (DR-408A). Ifthe non-ad valorem
assessment roll is complete and in the possession of the Property
Appraiser, an additional delivery of the roll is not required to be
made to the Tax Collector. Appendix G contains a copy ofthe
Certificate to Non-Ad Valorem Assessment Roll.
Appendix B
Optional Task Specifications and Deadlines
The PAO agrees to perform optional tasks associated with the production of the non-ad valorem
assessment roll if the BOARD so requests. Costs will be estimated using the PAO's Rate
Schedule (Appendix E) in effect on the date the work is performed. Available services include
the following:
Option I: Mapping services.
A request for mapping services will be submitted by BOARD to the PAO's representative listed
in Appendix F for time and cost estimates.
A. Identification and maintenance of parcels within the district and to reflect updates and
amendments to the non-ad valorem assessment district boundaries and legal descriptions,
and parcel boundaries and legal descriptions. This service will include the identification
of add or deletes to and from the BOARD's non-ad valorem assessment roll due to parcel
splits, combinations and plats. A sample of the Parcel. Split, Combination, Add and
Delete Report is contained in Appendix H.
B. Digitizing of information submitted to the P AO from the BOARD, using P AO personnel,
software and hardware for inclusion in the BOARD's GIS system. The PAO will produce
and furnish digital map products in a DXF file format for translation into the BOARD's
GIS system and agrees to assist the BOARD in the translation process.
C. Printing of maps using PAO's cadastral map data base and the information submitted to
the P AO by the BOARD.
D. The printing of maps using P AO's cadastral map data base and parcel attribute
information in theP AO's mass appraisal database.
E. The creation of data reports, mailing lists, etc. from spatial queries using the P AO's mass
appraisal database and mapping information.
The P AO will produce, on a regular schedule, a tape back-up of all data files created for the
BOARD. The PAO will be the custodian of this tape.
Option 2: Data Entry Services.
A. Keyboard data entry.
1. The P AO will enter assessment amounts and other data requested by the BOARD
in the computer data file containing the BOARD's non-ad valorem assessment
roll.
2. The printed list of the BOARD's assessment roll will serve as the source
document for such data entry once the BOARD has written the assessment
amounts on the list and returned it to the P AO.
3. Data to be entered must be received by the P AO no later than July 1.
4. PAO will provide a final printed list of the assessment roll to the BOARD, by
August 1, including assessment amounts, so that the BOARD can verify the
accuracy of its roll prior to its September 15th certification to the Tax Collector.
B. Mass update data entry.
1. The P AO will create custom computer programs to mass update assessment
amounts based upon criteria supplied by the BOARD so long as the P AO's
database files contain the information necessary to accomplish such mass updates
2. The BOARD's specifications and criteria for custom data entry programs must be
provided to the P AO by July 1.
3. The PAO reserves the right to decline to perform custom programming if its
existing database does not contain the data elements necessary to fulfill the
BOARD's request or if the BOARD's request is too voluminous to be completed
by any applicable deadlines.
4. PAO will provide a final printed list or compatible electronic medium of the
assessment roll to the BOARD, by August 1, including assessment amounts, so
that the BOARD can verify the accuracy of its roll prior to its September 15th
certification to the Tax Collector.
C. Other Customized Services Requested by the BOARD and approved by the P AO.
Appendix C
File Format for the Non-Ad Valorem Assessment Data Transfer
Ascn file with record length of389.
Field Starting Alpha or
Name Position Length Numeric Field Description
RG 1 2 N range These six
TW 3 2 N township fields
SC 5 2 N section compnse
SB 7 5 N subdivision the 18 digit
BK 12 3 N block parcel
LOT 15 4 N lot number
NAMl 19 30 A owner's name line 1
NAMl 49 30 A owner's name line 2
ADRl 79 30 A owner's address line 1
ADR2 109 30 A owner's address line 2
CITY 139 30 A city
ST 169 2 A state
ZIP 171 5 N zip code
2ZIP 176 4 N plus 4
COUNTRY 180 23 A country
ADRA 203 7 N physical address number (improved property only)
ADRB 210 20 A physical street name (improved property only)
PU 230 3 N property use code
DST 233 4 N ad valorem tax district
NASMT 237 9 N assessment amount
NADST 246 10 A non-ad valorem assessment district code
XXY 256 6 N centroid x coordinate
YXY 262 6 N centroid y coordinate
FOLIO 268 7 N unique id number (not populated at this time)
LEGl 275 26 A legal description line 1
LEG2 301 26 A legal description line 2
LEG3 327 26 A legal description line 3
LEG4 363 26 A legal description line 4
Appendix D
Report Format for Non-ad Valorem Assessment District Printed List
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Appendix E
Property Appraiser's Rate Schedule
Effective through September 30, 2004
LABOR:
Cartographic Specialist
$25.00 per hour
Performs consultation, research, manual preparation, on-line preparation, and plotting of
maps and identification of parcels within a geographic boundary.
Computer Programmer
$30.00 per hour
Performs consultation, research, the writing of special computer programs to include
programs that will mass update the BOARD's non-ad valorem assessment data; extracts
data from the PAO's database files for use by the BOARD; prepares printed reports and
data files on compatible electronic medium.
Data Entry Operator
$17.00 per hour
Keys assessment amounts and other data into the database file maintained by the P AO for
the BOARD's non-ad valorem assessments.
Overtime will be time and a half when requested by the BOARD to maintain the schedule
outlined in Appendix A.
MATERIALS:
Material rates are based upon the cost to replace the paper and toner used in the process
of creating custom maps and reports. This includes not only the final map product, but
also check plots and revisions requested.
Mapping Paper Cost: (linear dimension)
20lb bond paper: $0.04/inch
27lb bond paper: $0.06/inch
Toner: (square foot dimension)
Black and White (architectural type drawing)
Four color (Color lines and symbols map)
Edge to edge full fill (Polygon)
$0.22/Sq. Ft.
$0.50/Sq. Ft.
$1. OO/Sq. Ft.
$0.03 per page
Computer Reports:
Appendix F
Persons with Authority to Act on Behalf of the Parties
At various times throughout the term of this agreement, administrative changes may be made to
procedures to facilitate the completion of the data transfer and mapping of non-ad valorem
assessment districts. These changes as well as the approval of final product and invoices will be
approved by the following persons with respect to their areas of responsibility.
Person authorized to act for the Property Appraiser:
Authority to Receive Notice in accordance with Section 8 above and to serve as liaison on all
matters relating to this Agreement:
Richard Pauk
Director of Property Value Roll
Pinellas County Property Appraiser
315 Court Street
Clearwater, FL
Persons authorized to act for the BOARD:
Jay Ravins
Assistant Finance Director
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL
Appendix G
DR.408A
N.02/91
I, the undersigl1~d,Mefeby"certify that I am the Chairman of the Board, or
located in
(Z;Ql,Jltty.,;Florida; assuchtlh~vesatisfied myself that all prOPE}rtyincluQE}d orincluci~bl~
btl.the, NOr'l-Ad Valorem Assessm$ntRQllfor the aforesaid '9pUr1W Is properly assessed
~(lj\ fqr"'a,s,!lha.ve been. able toasCertaln;a.nd that. all required E!xtensions on the above
ClescrIbed roll to show the non-ad
~Itrlassessmentsattributableto the property'list-
edtherein have beent1"1ad~~pyrSIJfJ.hrto.law.
[further certify.t~at,:t..ippnG0fhpletion of this certificate and.the attachrpentof
sa~eto the. hereindesgtlR~dN()n~Ad Valorem Assesstnent'!,i5{oll.as a part thereof. said
NO~7AdVa.lorem AssesSl'l'lE}nt RbJl will be delivered to the'TEiP<ColfectQ[Of this county.
JnWitness whereOf,!.I.hC!"e.~ubscribed .this certiticliteand
dthe same to be
attached to and made a. part;of;~heC!bovedescribed Non-Ad' Valorel1l'AssessrnentHoH
thisthE!____D_~""...-'- day. of
---.--- ,-------.
year
Chairrnanol the Board Of Authorized Ag$ht--
of __.___"___~_._.__.__
Name of Local Govemment
Appendix H
Sample Parcel Split, Combination, Add or Delete Report
(This report under development by the Property Appraiser)
~'- 1(P
~', F rJ \
UNIFORM COLLECTION
AGREEMENT
MUNICIPALITY
THIS AGREEMENT, made and entered into this _ day of
, 2004, by and
between the City of Clearwater, a Municipal Corporation of the State of Florida, hereinafter
referred to as "the City," and Diane Nelson, the duly elected Tax Collector of Pinellas County,
Florida, hereinafter referred to as "the Tax Collector."
WIT N E SSE T H:
WHEREAS, the City is authorized to impose and levy, by appropriate Resolution certain
non-ad valorem assessments, and by Resolution No. 95-70 has expressed its intent to use the
statutory uniform methodology of collection and enforcement of such assessments for
improvements ("Assessments"), as authorized by constitutional and statutory municipal home
rule and by section 197.3632(2), Florida Statutes and Rule 12D-18, Florida Administrative Code,
as they may be amended from time to time; and
WHEREAS, hereinafter the term "Assessments" means those certain levies by the City
which purport to constitute non-ad valorem special assessments for the construction of certain
public improvements and related systems, facilities, and services for the affected properties,
hereinafter "the Assessed Properties," more particularly described in Exhibit "A" attached to
Resolution No. 95-70, recorded at O.R. Book 9193, page 1717, and rerecorded at O.R. book
9305, page 1622, Public Records of Pine lIas County, Florida, which document is incorporated by
reference as if more fully set forth herein; and
WHEREAS, a non-ad valorem special assessment is lienable under section 4, Article X,
Florida Constitution, if it results in a special benefit peculiar to the parcels of property involved,
over and above general community benefit, as a result of a logical connection to the property
involved from the system, facility and service provided by the City, and if it is apportioned to the
property fairly and reasonably; and
WHEREAS, the uniform statutory collection methodology is provided in section
197.3632(2), Florida Statutes, and Rule 120-18, Florida Administrative Code ("uniform
methodology"), with its enforcement provisions, including the sale of tax certificates and tax
deed for enforcing against any delinquencies; and
WHEREAS, the uniform methodology is more fair to the delinquent property owner than
traditional lien foreclosure methodology, and provides for more efficiency of collection by virtue
of the Assessment being on the official tax notice issued by the Tax Collector which will produce
positive economic benefits to the City and its citizens and taxpayers; and
WHEREAS, the uniform methodology provides that the City shall enter into a written
agreement with the Tax Collector for costs as provided therein, and section I 97.3632(8)(c),
Florida Statutes, provides that the City shall compensate the Tax Collector for the actual cost of
collecting the non-ad valorem assessment; and
WHEREAS, the Tax Collector, as the State Constitutional Officer for the county political
subdivision, is charged by general law in Chapter 197, Florida Statutes, and related rules and
regulations, to function as the agent of the Florida Department of Revenue for purposes of the
uniform methodology for the Assessments; and
WHEREAS, the sole and exclusive responsibility to determine, impose and levy the
Assessments and to determine that it is a legal, constitutional and lienable non-ad valorem
special assessment for construction of certain public improvements and related systems, facilities
and services is that of the City and no other person, entity or officer.
2
NOW THEREFORE, as authorized by City Resolution No. 95-70 and directed by
Chapter 197, and for the mutual considerations set forth herein, the parties hereto agree as
follows:
1. Recitations: The parties incorporate by reference the recitations hereinabove as
if more fully set forth herein.
2. Purpose: The purpose of this Agreement under Rule 12D-18, Florida
Administrative Code, is to establish the terms and conditions under which the Tax Collector shall
collect and enforce the collection of those certain non-ad valorem special assessments, the
"Assessments", levied by City to include compensation by City to the Tax Collector for actual
costs of collection pursuant to section 197.3632(8)( c), Florida Statutes; payment by City of any
costs involved in separate mailings because of non merger of any non-ad valorem special
assessment roll as certified by the Mayor or his or her designee, pursuant to section 197.3632(7),
Florida Statutes; and reimbursement by City for necessary administrative costs, including, but
not limited to, those costs associated with personnel, forms, supplies, data processing, computer
equipment, postage and programming which attend all of the collection and enforcement duties
imposed upon the Tax Collector by the uniform methodology, as provided in section
197.3632(2), Florida Statutes.
3. Term: The term of this Agreement shall commence upon execution, effective for
the 2004 tax notice purposes, and shall continue and extend uninterrupted from year-to-year,
automatically renewed for successive periods not to exceed one (1) year, unless City shall inform
the Tax Collector and the Property Appraiser of Pinellas County, and the Florida Department of
Revenue, by the 10th day of January of each calendar year, if the City intends to discontinue to
use the uniform methodology for such Assessments pursuant to section 197.3632(6), Florida
3
Statutes and Rule 12D-18.006(3), Florida Administrative Code, usmg Form DR-412
promulgated by the Florida Department of Revenue, as they may be amended from time to time.
4. Duties and Responsibilities ofCitv: City agrees, covenants and contracts to:
a. Compensate the Tax Collector for actual collection costs incurred pursuant
to section 197.3632(8)( c), Florida Statutes and 12D-18.004(2), Florida Administrative
Code, pursuant to Exhibit "B" attached hereto and made a part hereof.
b. Reimburse Tax Collector for necessary administrative costs for the
collection and enforcement of the Assessment by the Tax Collector under the uniform
methodology, pursuant to section 197.3632(2), Florida Statutes, and Rule 12D-18.004(2),
Florida Administrative Code, to include, but not be limited to, those costs associated with
personnel, forms, supplies, data processing, computer equipment, postage and
programming, pursuant to Exhibit "B" attached hereto and made a part hereof.
c. To pay for or alternatively to reimburse the Tax Collector for any separate
tax notice necessitated by the inability of the Tax Collector to merge the non-ad valorem
special assessment roll certified by City pursuant to section 197.3632(7), Florida Statutes
and Rule 12D-18.004(2) Florida Administrative Code.
d. City upon being timely billed, shall pay directly for necessary advertising
relating to implementation of the uniform non-ad valorem special assessment law
pursuant to sections 197.3632 and 197.3635, Florida Statutes, and Rule 12D-18.004(2),
Florida Administrative Code.
e. By the 15th day of September of each calendar year, the Mayor, or his or
her designee, shall certify, using DR Form 408, to the Tax Collector the non-ad valorem
assessment ("Assessment") roll on compatible electronic medium, as defined in section
197.3632(1)(t), Florida Statutes, tied to the property parcel identification number, and
otherwise in conformance with the ad valorem tax rolls submitted by the Property
Appraiser in July to the Department of Revenue. City or its agent of behalf of City shall
post the non-ad valorem special assessment for each parcel on the said non-ad valorem
assessment roll and shall exercise its responsibility that such non-ad valorem assessment
roll be free of errors and omissions, pursuant to section 197.3632(5), Florida Statutes, and
Rule 12D-18.006, Florida Administrative Code.
f. City agrees to abide by and implement its duties under the uniform law
pursuant to all the provisions of sections 197.3632 and 197.3635, Florida Statutes, or its
successor of statutory provisions and all applicable rules promulgated by the Department
of Revenue and their successor rules.
g. City acknowledges that the Tax Collector has no duty, authority or
responsibility in the imposition and levy of any non-ad valorem special assessments,
4
including the City's "Assessment" and that it is the sole responsibility and duty of City to
follow all procedural and substantive requirements for the levy and imposition of
constitutionally lienable non-ad valorem special assessments, including the Assessments.
h. To the extent permitted by law, City shall indemnify and hold hannless
Tax Collector for any legal action which may be filed in local, state or federal courts
against Tax Collector regarding the imposition, levy, roll preparation and certification of
the Assessments; City shall pay for or reimburse Tax Collector for fees for legal services
rendered to Tax Collector with regard to any such legal action.
5. Duties and Responsibilities of the Tax Collector: The Tax Collector agrees,
covenants and contracts to:
a. Timely merge the legally certified "Assessment" roll of the City with all
non-ad valorem assessment rolls, merge said rolls with the tax roll, prepare a collection
roll, and prepare a combined notice (the tax notice) for both ad valorem taxes and non-ad
valorem special assessments for the City and for all levying authorities within the County
political subdivision, pursuant to sections 197.3632 and 197.3635, Florida Statutes, and
their successor provisions, and any applicable Rules, and their successor rules,
promulgated by the Department of Revenue, and in accordance with any specific
Ordinances or Resolutions adopted by the City (copies of such pertinent Ordinances and
Resolutions which the City is obligated to provide to the Tax Collector), provided that
such Ordinances and resolutions shall themselves state clearly the intent to use the
uniform method for collecting such assessments, and so long as they are not inconsistent
with, nor contrary to, the provisions of Chapter 197, Florida Statutes, and Rules
promulgated by the Department of Revenue pursuant to Chapter 197, Florida Statutes.
b. The Tax Collector shall collect the Assessments of City as certified by the
Mayor, or his or her designee to the Tax Collector, no later than the 15th day of
September of each calendar year on compatible electronic medium, tied to the property
identification number for each parcel, and in the format used in July by the Property
Appraiser for the ad valorem rolls submitted to the Department of Revenue, using DR
Form 408, and free or errors and omissions.
c. The Tax Collector shall pay the non-ad valorem assessments collected to
the City in installments which coincide with current ad valorem procedures.
d. The Tax Collector agrees to cooperate with City in implementation of the
uniform methodology for collecting Assessments pursuant to sections 197.3632 and
197.3635, Florida Statutes, and any successor provisions and applicable rules. The Tax
Collector shall not accept any non-ad valorem assessment roll for the Assessments of
City that is not officially, timely and legally certified to the Tax Collector pursuant to
Chapter 197, Florida Statutes, and Rule 12D-18, Florida Administrative Code.
5
e. If the Tax Collector discovers errors or omISSIons on such roll, Tax
Collector may request City to file a corrected roll or a correction of the amount of any
assessment and City shall bear the cost of any such error or omission.
f. The Tax Collector shall mail and collect the non-ad valorem assessments
referenced herein. If Tax Collector determines that a separate mailing is authorized
pursuant to section 197.3632(7), Florida Statutes, and any applicable rules promulgated
by the Department of Revenue, and any successor provision to said law or rules, the Tax
Collector shall either mail a separate notice of the particular non-ad valorem special
assessment ("Assessment") or shall direct City to mail such a separate notice. In making
this decision, the Tax Collector shall consider all costs to City and to the taxpayers of
such a separate mailing as well as the adverse effect to the taxpayers of delay in multiple
notices. If such a separate mailing is effected, City shall bear all costs associated with the
separate notice for the non-ad valorem special assessment that could not be merged, upon
timely billing by the Tax Collector.
6. The parties shall abide by all statutes, rules, ordinances, and regulations pertaining
to the levy and collection of non-ad valorem assessments.
7. Exhibit "A" to Resolution No. 95-70, recorded in the Public Records of Pin ell as
County, Florida as described above, is incorporated herein by reference. 1
8. Either party may terminate this Agreement upon delivery of written notice of
termination to the other party by certified U.S. mail.
9. Any modification of this Agreement must be in writing and mutually agreed to by
both parties hereto.
This provision will be included only if the list of affected parcels is too voluminous to reasonably be
attached to the contract.
6
IN WITNESS WHEREOF, the parties to this Uniform Collection Agreement have
agreed, by and through their respective duly authorized officers or representatives.
ATTEST:
TAX COLLECTOR OF PINELLAS COUNTY
By:
Diane Nelson, CFC, Tax Collector
Date:
APPROVED AS TO FORM:
Managing Assistant County Attorney
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
F:\USERS\A TTY\A TYKB21 \ WPDOCS\T AX COLLECTOR\NonAdValoremAssessments\FormContractMunicipaI2004 Tax Year.doc
7
UNIFORM COLLECTION
AGREEMENT
MUNICIPALITY
EXHffiIT "A"
(Resolution No. 95-70)
8
UNIFORM COLLECTION
AGREEMENT
MUNICIP ALITY
EXHffiIT "B"
Compensation Due the Tax Collector for
Costs of Collection
Pursuant to section 197.3632(8)(c), Florida Statutes, and 12D-18.004(2), Florida Administrative
Code, non-ad valorem special assessments shall also be subject to the provisions of section
192.091(2)(b) - i.e.: 2% of the amount collected - or the Tax Collector, at his or her option, shall
be compensated for the collection of non-ad valorem special assessments based upon the actual
cost of collection, whichever is greater.
While municipalities and county governments are entitled to compensate the Tax Collector for
such services based upon the actual cost of collecting such non-ad valorem special assessments,
the parties to the agreement to which this Exhibit is attached and made a part thereof, have
mutually agreed that the costs associated with developing and applying a reliable cost allocation
methodology to determine such "actual cost" of collection would result in costs which exceed the
rate otherwise provided by law.
Accordingly, the parties have agreed that the Tax Collector is to be compensated for services
provided pursuant to this contract at the rate of two percent (2%) ofthe amount collected.
The Tax Collector such retain the amount of compensation due from the amount collected and
distribute the net amount due each jurisdiction (i.e.: 98% of the amount collected) in the same
manner and on the same schedule as is applicable to the collection and distribution of ad valorem
taxes.
F:\USERS\A 1TY\A TYKB21 \ WPDOCS\ TAX COLLECTOR\NonAdV aloremAssessments\FormContractMunicipa12004Tax Y ear.doc
9
/7.
~ Clearwater
~ .~"j3::-:-;:;-~~=>-:~:;:::-~",j
~~~,,........~,,,-,~~~:?,.~;
City Com m i s s ion
LIBl
Age n d a Cover Me m orand u m
Trackino Number: 389
Actual Date: 01/15/2004
Subject I Recommendation:
Approve deductive change order in the amount of $912,446 to the contract with Turner
Construction Company, 500 N. Westshore Blvd., Tampa, FL for the new Main Library resulting in
a new contract amount of $11,612,214 and authorize the appropriate officials to execute same.
Summary:
The Commission approved the GMP (guaranteed maximum price) contract with Turner
Construction Company on February 20, 2003 in the amount of $14,532,915. A deductive
change order in the amount of $2,008,255 was approved on June 19, 2003.
This deductive change order represents owner direct purchases, i.e., materials purchased
directly by the City for sales tax savings. Savings to date total approximately $180,000.
Originating: Library
Section Consent Agenda
Category: Construction Contracts - All
Departments other than Public Works
Originating
User Department: Budget Office
Public Hearino: No
Finllnr.i;lIlnfnrmlltinn:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
GMP Contract
In Current Year Budoet?
Yes
Budget Adjustment:
No
Budget Adiustment Comments:
Deductive change order
Appropriations Code
Amount
Appropriations Comment
~aIearwater
c~
~~r-.:.'
348-93523
Review Approval
John Szabo
Tinrl Wilson
Garry Brumback
Michael Ouillen
Rrvrln Rllff
Bill Horne
C it Y Com m is s ion
A.9.e n d a Cover Memorandum
$912,446.00
12-31-2003 10:46:40
01-05- 2004 13:59:50
01-07-2004 16:08:41
12-31-2003 11:43:08
01-06-2004 11:45:05
01-08-2004 11:22:26
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~Clearwater ·
C it Y Com m is s ion
Agenda Cover Memorandum
v ~f~~~~~~~
Tracking Number: 338
Actual Date: 01/15/2004
Subiect I Recommendation:
Approve the first amendment to the lease agreement for Thomas C. and Patricia A. Wolkowsky
d/b/a/ Marina Restaurant requiring liability insurance for the sale of alcoholic beverages and
authorize the appropriate officials to execute same.
Summary:
While reviewing a marina tenant lease for liability coveragel Risk Management brought to our
attention that all tenants selling alcoholic beverages require liability coverage resulting from the
dispensing of alcoholic beverages in an amount not less than $5001000.
Four of our tenants sell alcoholic beverages; Crabby Bill'sl the Marina Bait Housel the Marina
Restaurant and the Pirate's Pantry. Both Crabby Bill's and the Marina Bait House already have
the coverage. The Pirate's Pantry is a three year lease up for renewal August 11 2004 which
does not need to come before the Commission. Owner Denis White has been requested to
provide proof of coverage and will have his lease modified at the time of renewal. This agenda is
intended to bring the final tenant into compliance with this requirement and prOVide proof of
coverage at their earliest convenience.
Originating: Marine and Aviation
Section Consent Agenda
Categorv: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Beverlv Buvsse
12 -18- 2003
09:54:35
Brvan Ruff
12-19-2003
15:13:00
Cvndie Goudeau
01-08-2004
11:32:40
Garrv Brumback
01-07-2004
16:07:41
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT is made and entered into this day of
2004 by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation (hereinafter referred to as the "LESSOR"), and THOMAS C. and
PATRICIA A. WOLKOWSKY, d/b/a MARINA RESTAURANT, 25 Causeway Boulevard,
Clearwater, Florida 33767 (hereinafter referred to as the "LESSEE").
WHEREAS, the Lessor and Lessee entered into a five year Lease Agreement on
January 1,2002, and
WHEREAS, both parties agree to this First Amendment to the Lease Agreement
in order to comply with City insurance requirements.
NOW THEREFORE, it is mutually agreed as follows:
1. Exhibit "B" of the Lease Agreement shall be amended as follows:
"1. Liability Insurance. Lessee shall maintain:
d. CoveraQe for liabilitv resultinQ from the dispensinQ of alcoholic
beveraQes in an amount not less than $500,000."
2. All of the terms and conditions of the Lease Agreement are incorporated
herein by reference and shall continue in full force and effect throughout
the remaining term of this Lease Agreement.
IN WITNESS WHEREOF, the Agreement is executed as of the date first above
written.
Countersigned:
City of Clearwater, Florida
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
By:
Thomas C. Wolkowsky
By:
Patricia A. Wolkowsky
First Amendment to the Marina Restaurant Lease
~'. I~
r2o. '. l'v\ R I
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT is made and entered into this day of
2004 by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation (hereinafter referred to as the "LESSOR"), and THOMAS C. and
PATRICIA A. WOLKOWSKY, d/b/a MARINA RESTAURANT, 25 Causeway Boulevard,
Clearwater, Florida 33767 (hereinafter referred to as the "LESSEE").
WHEREAS, the Lessor and Lessee entered into a five year Lease Agreement on
January 1, 2002, and
WHEREAS, both parties agree to this First Amendment to the Lease Agreement
in order to comply with City insurance requirements.
NOW THEREFORE, it is mutually agreed as follows:
1. Exhibit "B" of the Lease Agreement shall be amended as follows:
"1. Liability Insurance. Lessee shall maintain:
d. Coverace for Iiabilitv resultina from the dispensinc of alcoholic
beveraces in an amount not less than $500.000."
2. All of the terms and conditions of the Lease Agreement are incorporated
herein by reference and shall continue in full force and effect throughout
the remaining term of this Lease Agreement.
IN WITNESS WHEREOF, the Agreement is executed as of the date first above
written.
Countersigned:
City of Clearwater, Florida
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
By:
Thomas C. Wolkowsky
By:
Patricia A. Wolkowsky
First Amendment to the Marina Restaurant Lease
PR 2.
tCl .
~ Clearwater C it Y Com m i s s ion
ca:~%.-~~. Age n d a Co v e r Me m 0 ran dum
Trackinq Number: 291 Actual Date: 01/15/2004
Subiect I Recommendation:
Approve Facility Leasing Agreement for the Long Center between All Children's Hospital and the
City of Clearwater for one year with automatic renewable one-year terms and authorize the
appropriate officials to execute same.
Summary:
The Parks and Recreation Department has partnered with many groups to provide quality
recreational opportunities and programs for the citizens of Clearwater at many of the recreation
facilities including the Long Center. These groups at times are other governmental agencies,
non-for-profits, as well as for profit agencies whose missions are consistent with the City's Parks
and Recreation Department's.
These users provide a valuable service to the community as well the facility by generating
additional revenue for their use.
Currently the City is preparing to work with All Children's Hospital for the use of the instructional
pool and locker room facilities at the Long Center. The hospital had an existing agreement with
the Long Center Foundation for the use of these facilities. The hospital will be offering
therapeutic classes for its clients.
The term of the agreement is for one year with automatic renewable one-year terms until
terminated by either the City or the hosptial. Revenue generated during this initial term will be
$15,450 with a built-in annual 3% increase. Revenue is already factored into the City's '04
budget.
The Facility Leasing Agreement clarifies the roles between the City and the hospital and provides
protection for the City with respect to times of use, areas of use, compensation and insurance.
A copy of the Facility Leasing Agreement is available in the Official Records and Legislative
Services Department.
Originating: Parks and Recreation
Section Consent Agenda
Cateqorv: Agreements/Contracts - without cost
Number of electronic documents 1
attached:
Public Hearinq: No
Finllnr.illllnfnrmlltinn:
Review Approval
Kevin Dlmhar
11-19-2003
16:43:11
Gi'lrrv Bnlmhi'lc:k
12-31-2003
07:35:39
~ Clearwater
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Li'llJri'l Lioowski
Tini'l Wilson
City Co m miSSiOn
Agenda Cover Memorandum
12-29-2003
01-05-2004
13:49:37
12:57:45
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FACILITY LEASING AGREEMENT
THIS FACILITY LEASING AGREEMENT ("Agreement"), is made and entered into
effective this day of , 200 ("Effective Date"), by and between
the City of Clearwater, a municipal corporation of the State of Florida, with its principal
offices at 112 South Osceola Avenue, Clearwater, Florida 33756 ("CITY"), and All Children's
Hospital, Inc., a Florida not for profit corporation, with its principal offices at 801 Sixth Street
South, St. Petersburg, Florida 3370 1 ("HOSPITAL").
WHEREAS, the HOSPITAL is an acute care pediatric hospital that provides
occupational therapy, physical therapy and related services ("Rehabilitative Services") to
children in need of such services in Pinellas County; and
WHEREAS, the CITY desires to provide support to the Rehabilitative Services provided
by HOSPITAL in Pinellas County, Florida, by making available to it a facility suitable for such
Rehabilitative Services upon the terms and conditions hereafter set forth.
NOW THEREFORE, the parties agree as follows:
1. CITY will make available to HOSPITAL at a charge of $15,450.00 for October, 2003
through September, 2004, paid pro-rata on a monthly basis plus 3% cost of living
increase annually on anniversary of the Effective Date, the instructional pool and locker
room facilities located at the LONG CENTER, 1501 North Belcher Road, Clearwater,
Florida 33765, ("FACILITY") and lifeguarding services under the following terms and
conditions:
a) HOSPITAL shall have access to the FACILITY every Tuesday, Wednesday, and
Thursday from 1 :00 p.m. until 5 :00 p.m. to render Rehabilitative Services to those
patients and clients of HOSPITAL requiring such services subject to the
limitations outlined in Section l(d). HOSPITAL has use of FACILITY during the
times and days stated above, and any changes to the times and days stated above
should be requested in writing a minimum of two (2) weeks prior to the requested
date. HOSPITAL employees providing such aquatic therapy services must be
qualified and licensed by the State of Florida, Department of Health, Division of
Medical Quality Assurance. Parent or family members may be on the deck near
the pool to encourage carryover of the home program. One parent may be in the
water assisting during each session.
b) CITY shall retain the right to provide access to FACILITY based on space
availability, hours of operation and planned events of the CITY. If space
availability, hours of operation or planned events cancel any scheduled hours paid
for by HOSPITAL, CITY shall reschedule any lost hours over 12 hours per year.
CITY shall advise the HOSPITAL of planned events that will force the
cancellation of scheduled hours a minimum of four (4) weeks prior to that date.
CITY is aware that HOSPITAL is a teaching hospital and therefore allows one
student per patient in the water assisting. CITY reserves the right to limit access
1 ~_"
to family and student based on swimming pool capacity as set by the State of
Florida.
c) HOSPITAL's use of the FACILITY shall only be for a time and space reasonably
required to render Rehabilitative Services as provided for herein. HOSPITAL
shall be responsible for all salaries, taxes and any employment benefits for its
employees. HOSPITAL will be responsible for maintaining all records and
paying all workers compensation, and federal, state and local taxes on monies
paid to its employees as required by law, including but not limited to estimated
income tax returns and social security deposits.
d) CITY will maintain the instructional pool in accordance with the requirements set
forth by the State of Florida and as such shall provide lifeguard supervision
during all hours of use by the HOSPITAL. HOSPITAL acknowledges that public
use and sponsor agency programming have priority in facility scheduling making
all space requirements in the instructional pool of limited usage for HOSPITAL.
Hospital will not be scheduled on days where the CITY is hosting large aquatic
events. If the instructional pool is closed due to an unforseen reason, HOSPITAL
will be allowed to offer therapy on the pool deck or in a classroom if available.
e) CITY will request approval on a case by case basis from HOSPITAL to film,
photograph, or interview therapists, clients, family members or administrators in
order to communicate FACILITY usage or assist in fundraising opportunities.
Such approval will not be unreasonably withheld. Additional permission for
filming, photographing, or interviewing clients or family members must be
obtained from client and client's parent or guardian, or appropriate family
member.
2. HOSPITAL shall be responsible for the purchase and maintenance of all portable
equipment and supplies specific to the Rehabilitative Services to be provided at the
FACILITY. All such equipment and supplies shall be the sole property of HOSPITAL
and stored at the FACILITY in a portable storage case with lock, which will also be
provided by and property of the HOSPITAL and acceptable to the CITY. If HOSPITAL
ceases to provide Rehabilitative Services at the FACILITY, HOSPITAL shall retain
portable storage case, such equipment and supplies. CITY may be offered the
opportunity to purchase said equipment at fair market value. The fair market value of
such equipment and supplies shall be mutually agreed upon by the parties. The
equipment provided by HOSPITAL shall not be used in such a way as to interfere with
the operations of the CITY.
3. The parties further agree:
a. HOSPITAL will maintain adequate general and professional liability insurance
for all of the Rehabilitative Services, reasonably acceptable to CITY, which will
include coverage of all equipment and supplies purchased by and used by
HOSPITAL at the FACILITY. The CITY upon the HOSPITAL'S request, will
2
provide written information regarding self-insurance retentions and excess
coverage. The parties shall provide proof of compliance with this provision upon
request of the other party. The minimum limits will be $1,000,000 per occurrence
and $3,000,000 in the aggregate. HOSPITAL shall also provide to CITY evidence
of Professional liability insurance for the Rehabilitative Services being performed.
CITY is not responsible for personal property of the HOSPITAL and/or users
regardless of cause or loss.
b. HOSPITAL shall be solely responsible for all patient care decisions and treatment
provided at the FACILITY. CITY shall have no control over, nor responsibility
for, Rehabilitative Services offered or delivered to patients. HOSPITAL is to
make sure each patient is escorted by a parent or caregiver upon entrance and exit
from the FACILITY, as well as while using the locker room.
c. Worker's compensation coverage shall apply for all employees including contract
employees of the HOSPITAL performing Rehabilitative Services at the
FACILITY. The amount will be at least equal to the statutory limits of coverage
according to applicable State and Federal laws.
d. CITY hereby indemnifies, holds harmless and defends HOSPTIAL from and
against any and all claims, damages, actions, demands, judgments, liabilities and
expenses, including but not limited to, attorneys' or other professional fees,
arising from or related to the lifeguard services rendered on the lease space
provided, including any act or omission of FACILITY, its officers, agents, and
employees. HOSPITAL hereby indemnifies, holds harmless and defends CITY
from and against any and all claims, damages, actions, demands, judgments,
liabilities and expenses, including, but not limited to, attorneys' and other
professional fees, arising from or related to any Rehabilitative Service rendered,
including any act or omission of HOSPITAL, its officers, agents, and employees.
e. The sole purpose of this Agreement is to set forth the terms upon which CITY
shall provide leased space and lifeguard services to HOSPITAL to facilitate the
HOSPITAL's provision of needed medical services in Pinellas County, Florida.
The parties hereto are, and shall remain, separate and independent legal entities.
Nothing in this Agreement is intended to create a partnership, joint venture or
employer/employee relationship between them.
f. In the course of its activities and use of the F ACILITY, HOSPITAL agrees to use
best efforts to comply with all Federal, State, County and Municipal laws,
regulations, and ordinances, including but not limited to Civil Rights Act of 1964,
and all rules, regulations, and requirements promulgated or imposed pursuant
thereto.
4. Term. This Agreement shall commence on the Effective Date and shall remain in effect
for one (1) year unless terminated earlier in accordance with the provisions of this
3
'....
..
Agreement. This Agreement shall automatically renew for successive one (1) year terms
until terminated by either party as provided for herein.
5. Termination. Either party to this Agreement may terminate this Agreement with or
without case, upon at least thirty (30) days written notice to the other party. HOSPITAL
shall pay FACILITY all amounts accrued under this Agreement through the date of
termination.
6. Successor and Assigns. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal representatives, successors, and
assigns. Neither party shall assign this Agreement, or delegate its duties hereunder
without the express written consent of the other party.
7. Governing Law. The validity, interpretation, and enforcement of this Agreement, the
rights and obligations of the parties, and all of the other documents delivered in
connection herewith shall be governed by, construed and interpreted in accordance with
the laws of the State of Florida.
8. Entire Agreement. This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and supersedes all prior agreements, written or oral,
and all other communications between the parties relating to such subject matter.
9. Amendments and Modifications. This Agreement shall not be amended, altered,
modified, or changed except in writing signed by both parties.
10. Notice. All notices given under this Agreement shall be in writing and deemed
effectively given when delivered by certified mail, return receipt requested, or in person
with proof of delivery, to the party's following address:
As to CITY:
Parks and Recreation Director
P. O. Box 4748
Clearwater, FL 33765
As to HOSPITAL:
All Children's Hospital, Inc.
Dev. Rehab Services - 7700
801 Sixth Street South
St. Petersburg, Florida 33701
Copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33765
Any party may change its above address by giving ten (10) days prior written
notice to the other party.
11. Headings. The headings in this Agreement are included for convenience only and shall
not be taken into consideration in any construction or interpretation of this Agreement or
4
'..
any of provisions therein.
12. Severability. The invalidity or enforceability of any terms or conditions of this
Agreement shall not affect the validity or enforceability of any other term or provision,
and the remainder of this Agreement shall continue in full force and effect.
13. Waiver. No failure by any party to insist upon the strict performance of any term of this
Agreement shall constitute a waiver of the right to assert a breach thereof.
IN WITNESS WHEREOF, the parties have hereunto caused their corporate names to
be signed by officers authorized so to do.
CITY OF CLEARWATER, ALL CHILDREN'S HOSPITAL, INC.
A Municipal Corporation
of the State of Florida
Brian J. Aungst
Mayor-Commissioner
By
By
. Carnes
~ent and CEO
221211$
Date
Date
Attest:
Cynthia E. Goudeau
City Clerk
Approved by Legal Affairs
'(.tiel S'(JYl__ I ~ II S I tF3
e Peterson
By
Date
APPro~rm:
By I
aura Lipowski
Assistant City Attorney
5
Ji).
PR3
~ Clearwater C it Y Com m i s s ion
~, ~::;;~:.~:~,~:~:;;;:~~~~::;;!:::. Age n d a C 0 v e r M e m 0 ran dum
Trackinq Number: 324 Actual Date: 01/15/2004
Subiect / Recommendation:
Approve a ten-year agreement from .Feb~ I, 2004 -January 31, 2014 between the City of
Clearwater and the FLA Sports Production Inc., for the use of certain City facilities at the Eddie
C. Moore Softball Complex (fields 8 & 9)and authorize the appropriate officials to execute same.
Summarv:
The Eddie C. Moore Softball Complex has recently been expanded to include two additional fields
(fields 8&9) as well as batting tunnels and bullpen areas. This was part of the land swap with
Calvary Baptist Church and the project has also included funding from the State of Florida via a
Florida Recreation Development Assistance Program (FRDAP) grant.
FLA Sports Production Inc. has been working with the City for over a year in the development of
fast pitch softball training opportunities for the youth in the greater Clearwater area.
Programs and activates offered include:
a, Camps and clinics
b. Lessons and rehabilitation training
This agreement allows for the City to collect revenue from the offering of these programs as well
as receiving an upfront capital contribution to be used towards the construction of one of the
batting tunnels. As part of this agreement, the City will receive 10% of all revenues as well as a
$100,000 capital contribution.
Under this agreement the FLA Sports Production Inc. will provide the following services:
a. Camps, clinics, lessons and rehabilitation training for fast pitch softball.
b. Make available to approved City co-sponsored groups training equipment, which belongs to
FLA Sports Production Inc.
Under this agreement the City will provide the following:
a. Lawn, landscape and ball field maintenance for all areas within the complex.
b. Exclusive use of one batting tunnel and office space within the existing building as well as
scheduled use of one or both fields.
c. Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for
consumption, will be granted to the agency.
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Oriqinatinq: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of electronic documents 0
attached:
~ Clearwater
v ::a:a~~3~q:~:i~~~~;
Public Hearinq: No
Finilnr.iilllnformiltion:
Review Approval
Kevin Dunbar
l.vnr!ip GOIJr!Pi1IJ
Laura Lioowski
Gi1rrv BrlJmhack
C it Y Com m is s ion
Agenda Cover Memorandum
11-21-2003
01-06- 2004
01-02-2004
01-06-2004
16:49:08
16:52:07
11 :37:24
15:32:01
~\. ;;to
8t: PR~
AGREEMENT
This Partnership and Operational Support Agreement is made and entered into between the City of
Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748,
Clearwater, FL 33758-4748, hereinafter referred to as the "City", and Fastpitch Learning Academy,
Inc., a Florida Corporation, whose address is: P.O. Box 6107, Palm Harbor, FL 34684, hereinafter
referred to as the "Agency".
WHEREAS, it has been determined to be highly desirable to provide softball training activities to
participants in the greater Clearwater area; and
WHEREAS, the City desires to provide recreation programs and athletic activities as a means to
help young people, adults and families; and
WHEREAS, the City has recently constructed a softball playing and training facility at Eddie C.
Moore 8 & 9 Complex and desires to offer training programs at the Complex; and
WHEREAS, the Agency desires to partner with the City in providing training programs; and
WHEREAS, the City owns Eddie C. Moore 8 & 9 Complex, hereinafter referred to as the
Complex, located at 2780 Drew Street, Clearwater, FL 33759; and
NOW, THERFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of 10 years commencing on the 1st day of February
2004 ("Commencement Date") and continuing through the 31st day of January 2014 ("Termination
Date") unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1) Services to be Provided: One of the Agency's goals shall be to provide quality training
programs and to increase the number of programs and services provided at the Complex.
a) Programs: Exclusive operator to conduct camps, lessons, training, recreational and
motivational programs at the Complex for the benefit of Clearwater area participants.
Some ofthe core programs to be provided are as follows:
i) Summer softball camps
ii) Holiday softball camps
iii) Softball clinics
iv) Private softball lessons
v) Semi-private softball lessons
vi) Group softball lessons
vii) Rehabilitation training
b) Assistance to the City: Provide Agency personnel and volunteers to assist the City in
maintaining and monitoring the grounds and facilities used by the Agency as to maintain
the grounds to the standard existing at the inception of this Agreement and avoid waste
therein.
c) Supervision of Recreation Grounds: Provide Agency personnel and volunteers to
operate and supervise all Agency activities, programs and camps at the Complex.
d) Modifications: Any modifications or improvements to the facility must be approved in
advance by the Parks and Recreation Director and shall become the property of the City
in their entirety.
e) Background Checks: All Agency employees must have background checks and those
records maintained by the Agency.
f) Youth Sports Standards: The Agency agrees to promote the National Alliance of
Youth Sports Standards.
2) Use of Eddie C. Moore 8 & 9 Complex:
a) Use of Batting Tunnel, Fields and Office Space. The agency will have exclusive use of
the east batting tunnel and the office at all times. The use of the west batting tunnel as well
as bullpens and fields 8 & 9 are to be coordinated with, and approved by the City, in its sole
discretion, in order to facilitate co-sponsored and City related use of the facility. Such
approval shall not be unreasonably withheld by the City. Core co-sponsored groups will
have priority for field use. The Agency understands that the batting tunnels will not be
completed at the inception of this Agreement, the tentative date for completion being April
2004.
b) No Illegal Use. The Agency promises and agrees that they will make or allow no unlawful,
improper or offensive use ofthe premises. Further, the Agency understands and agrees that
this provision specifically prohibits, among other acts, the sale, consumption or use of
alcoholic beverages or controlled substances anywhere in, on or around the Complex and
those adjacent areas used by the Agency.
c) Rules for Use. Rules and regulations governing the use of the Complex for the programs as
outlined in Section 1 a of Article II may be established by the Agency, providing they are not
in conflict or inconsistent with the ordinances, policies or operating rules of the City or of
this Agreement. Such rules and regulations developed by this Agency may provide for and
allow reasonable user fees.
d) Inspection by City. The Agency understands and agrees that the Complex premises may be
entered and inspected at any time by the City's officers, agents and employees.
e) General Adherence to City Ordinances. Notwithstanding any limitations implied by the
provisions above, the Agency promises to observe all City ordinances.
f) Sign age. The Agency may place an identification sign in the Complex, at the Agency's
expense, according to City codes with approval from the City.
2
g) Co-Sponsored Groups. Use by Co-sponsored groups shall be scheduled by the City in
consultation with the Agency. Final schedule will be at the sole discretion of the City. A
co-sponsored group is defined as a fast pitch softball program with a current approved Co-
sponsored Agreement with the City.
h) City Related Use. The City reserves the right to utilize the facility for City use and
tournaments.
i) Equipment. Training equipment (i.e. pitching machines, batting tees, etc.) provided by the
Agency may be made available to the co-sponsored groups with prior approval of the
Agency and City. Co-sponsored groups will be responsible for any damage and
repair/replacement of equipment. In no case will they be permitted to use any unauthorized
equipment.
3) Maintenance of the Premises by the Agency:
a) Custodial Maintenance. The Agency shall assist the City in maintaining the areas used by
the Agency in a clean and orderly condition up to the standards of other City athletic
facilities.
b) Repair of Damage. The Agency understands and agrees that it is responsible for and will
cause to be repaired, at the Agency's expense, damage to the premises other than normal
wear and tear or vandalism.
4) Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense
and shall pay all required taxes necessary to the Agency's operation at the Complex. The
Agency will pay the City 10% of all gross revenues generated at the Complex and provide a one-
time capital contribution of$100,000 at the inception ofthis Agreement.
5) Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Parks and Recreation Department with an annual report of
activities conducted under the provisions of this agreement within 60 days ofthe end ofthe
Agency's fiscal year. Each report is to identify the number of clients served, the type of
activities, programs offered and costs of such services.
b) The Agency agrees to submit progress reports and other information in such format and at
such times as may be prescribed by the City, and to cooperate in site visits and other on-site
monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and
logs and the provision of related information).
6) Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting records,
books, documents, policies, practices, procedures and any information necessary to reflect
fully the financial activities ofthe Agency. Such records shall be available and accessible at
all times for inspection, review, or audit by authorized City representatives.
3
b) Use of Records: Agency shall produce such reports and analyses that may be required by
the City to document the proper and prudent stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained and maintained for
a period not less than five (5) years.
7) Non-discrimination: Notwithstanding any other provisions of this agreement during the term
of this agreement, the Agency for itself, agents and representatives, as part of the consideration
for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex,
handicap, national origin, religion, marital status or political belief, be excluded from
participation in, denied the benefit(s) of, or be otherwise discriminated against as an
employee, volunteer, or client of the provider, except that programs may designate services
for specific client groups as defined in the application. Agency agrees to maintain reasonable
access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title
VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence ofa breach
of any of the above non-discrimination covenants, the City shall have the right to terminate
this agreement.
8) Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from City. Agency further agrees to supply City, up to three
copies of any publication developed in connection with implementation of programs addressed
by this Agreement. Such publications will state that the program is supported by City.
9) Liability and Indemnification: The Agency shall act as an independent contractor and agrees
to assume all risks of providing the program activities and services herein agreed and all liability
therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and
employees from and against any and all claims of loss, liability, and damages of whatever
nature, to persons and property, including, without limiting the generality of the foregoing, death
of any person and loss of the use of any property, except claims arising from the negligence or
willful misconduct of the City or City's agents or employees. This includes, but is not limited to
matters arising out of or claimed to have been caused by or in any manner related to the
Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or
other person approved, authorized, or permitted by the Agency in or about its premises whether
or not based on negligence.
10) Insurance. The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons or
damage to property, which may arise from or in connection with use of the facility
premises by the Agency including all activities occurring thereon.
4
b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to
property that arises from or in connection with use of a motor vehicle owned by the Agency.
c) Insurance procured in accordance with sections 10 (a) and (b) shall have minimum coverage
limits of$l,OOO,OOO.
d) The Agency shall carry sufficient property insurance to cover all of its personal property. In
no case shall the City be responsible for any loss of property of the Agency or occupants of
the facility as a result of the Agency's use hereunder.
e) Worker's Compensation coverage shall apply for all employees in an amount at least equal
to the statutory limits of coverage according to applicable State and Federal laws. In
addition, the policy shall include employer's liability coverage with a limit of $500,000 per
occurrence.
f) Except for Worker's Compensation coverage, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named insured. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officials, employees, agents or volunteers.
g) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements
affecting coverage required by this section. These forms shall be received and approved by
the City's Risk Manager before execution of this Agreement by authorized City officials.
11) Assignability. This Agreement, any part thereof or any interest therein, shall not be assigned,
transferred or subleased by Agency without the express written consent of the City which shall
not be unreasonably withheld. Any assignee, as provided for herein, shall be subject to all terms
and conditions of the agreement as originally executed unless otherwise modified by the City, in
its sole discretion, at the time of assignment. Agency's failure to obtain City's written consent to
any assignment, transfer or sublease shall render such agreement null and void.
All principals of the Agency and their respective percentages of ownership shall be disclosed to
the City in writing and it is expressly agreed that if the Agency is a corporation, any change in the
ownership of corporate stock; or if a partnership, the addition to or withdrawal of any partner
from the partnership firm; or the addition to or withdrawal of a principal Agency in whatever
capacity; by purchase or sale, or operation of law or in any other manner whatsoever, without the
consent ofthe City shall be deemed an assignment.
Notwithstanding any attempt by Agency to assign, transfer or sublease this Agreement, or any part
thereof or interest therein, Agency shall remain obligated and liable to City for the performance of
all covenants, terms, and conditions, warranties and other provisions of this Agreement to the
same extent that Agency would have been obligated and liable if such assignment, delegation, or
sublease had not been attempted, but such attempt shall be deemed an act of material default by
Agency.
It is understood and agreed that City may, at any time, with notice, assign or delegate any or all of
its rights hereunder.
5
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. Other than as provided for herein, it is not intended that the City make any
monetary contribution or other contribution to the Agency or the operations of the programs.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn, landscape, custodial and ballfield maintenance for
all areas in the park and around the building. Additional ballfield maintenance above
the normal level typically provided by the City must be requested in advance and
approved by the City.
b) The City will provide maintenance for all major capital components of the building
including air conditioners, roof, painting, plumbing, electrical, etc.
c) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed, modified, or discharged except by written Amendment duly executed by both parties. No
representations or warranties by either party shall be binding unless expressed herein or in a duly
executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute a breach hereunder and constitute cause for termination. Upon such
breach, the agreement may by terminated with 30 days written notice without any further
obligation by City.
2. For Municipal Purpose: This agreement shall be subject to termination by City in the
event the City determines that the premises are required for other municipal purposes. In
such event, City shall provide Agency with 90 days written notice of such intended use,
following which this Agreement shall terminate in every respect, and both parties shall be
relived of any further obligations hereunder.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such
party at the address indicated below (or at such other address as such party shall specifY to the other
party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1. Ifto City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758
2. If to Agency, addressed to P.O. Box 6107, Palm Harbor, FL 34684
6
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement sball be as of the first day of January 2004.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
, 2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home, II
City Manager
Brian 1. Aungst
Mayor-Commissioner
Approved as to form:
~
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Fastpitch Learning Academy, Inc.
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C it Y Com m is s ion
Agenda Cover Memorandum
Trackinq Number: 325
Actual Date: 01/15/2004
Subject / Recommendation:
Award a contract to construct the new Recreation Center and Skate/BMX Playground at Ross
Norton Park (bid #036-0021-PR) to Angle & Schmid Inc., St. Petersburg, Florida for $3,118,778
which includes base bid and alternates 1.3, 3, 3A, 9, 10, 12, 13, 14, 16; a reduction in
contingency to 2.5% and approve a change order deduct in the amount of $284,072 for a net
contract amount of $2,834,706; and approve the transfer of $379,293 from other capital
improvement projects and $40,076 from Recreation Facility Impact Fees at first quarter.
Summary:
In August of 2002 the City Commission approved a contract to Lunz Prebor Fowler Architects of
Lakeland Florida to design a new recreation center at Ross Norton Park. Numerous community
meetings were held to develop the plan and a decision was reached to also construct a citywide
skate/BMX playground with retail shop at this location.
This contract includes the construction of the new 21,000 sf regional recreation center,
associated parking, site work and associated site improvements. The center will include a teen
area, full size gymnasium, meeting rooms, and state of the art fitness room. In addition there
will be a 27,000 sf skate/BMX playground.
Staff is recommending that the base bid as well as several alternates be accepted and that the
contingency for the project be reduced to 2.5% ($76,000). The alternates include such items
as eliminating flush curbs, upright curbs, fencing, concrete work, exterior metal wall panels, wall
finishes, and entrance canopy and adding a wood floor in the gymnasium. Elimination of these
items will not adversely impact the final design or function of the building.
In addition staff is recommending that several items totaling $284,072, be valued engineered
out of the contract. The majority of these items are transparent to the project and they too will
not have a major adverse im pact on the design and function of the facility. Some of the value
engineering include removing a portion of the canopy areas, removing block walls for chain link
fencing, reducing amount of concrete patios, material changes, engineering redesign, supply fill
dirt, etc.
The bids for this project came in excess of the architect's estimate. Staff is recommending the
transfer of funds from other existing capital improvement projects to meet the shortfall. A
summary of the budget request for this project is as follows:
Original budget $ 3,095,631
FRDAP grant applied forSkate Park $ 200,000
Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
~$t%~
Additional funds needed
$ 419,369
Total funds requested forproject $ 3,715,000
Bids for this project exceeded the budget due to extensive site work and fill required for the
project and some over design of the building spaces. In addition over the past three years the
cost for construction material and labor have increased.
Staff is recommending that the following CIP funds and balance of existing recreation impact
fees be transferred to provide the additional funds needed.
3212 BikePaths existing $ 30,838Project complete
3272 Bike Paths (Cliff Stevens Pk) $ 262,000 Alternative route & funds secured
3242 Jack RussellStadium Repairs $ 73,000 Structural renovation portion finished
3235 Allen's Creek Park $ 5,336 Projectcomplete
3243 NGRAC startup funds $ 6,124Project complete
3279 HoltAve. Pool $ 1,995 Projectcomplete
Recreation Impact fees $ 40,076Uncommitted funds within 2 miles
$419,369
The City will be providing for irrigation, landscaping, site lighting, skate/BMX playground (slab,
fencing, portable structures, and lighting), geo-technical services, telephone & data wiring,
impact fees and tap fees. Funds are included in this project for these items.
Construction time is 365 days, providing an anticipated completion date in January 2005.
Total new operating expenses of $90,798 including (1 FTE) will be needed to operate the center
and aquatics facility. These expenses will be offset by increased fees, grants and the misc.
revenue components of the center including new revenue generated from the skate park.
Under this proposal staff is recommending that the swimming pool be closed during the winter
months as participants can now be accommodated at the Long Center.
Originating: Parks and Recreation
Section Consent Agenda
Category: Construction Contracts - All
Departments other than Public Works
Originating
Number of electronic documents 1
attached:
Public Hearing: No
Finanr.iallnformation:
~ Capital Expenditure
Bid Required? Yes
~Clearwater ·
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City Co m m issio n
Agenda Cover Memorandum
Bid Numbers: 03-0021-PR
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budqet Adiustment Comments:
Budget will be increased by $419,369 to complete project. Funds to be transferred from other
Parks and Recreation projects as identified in agenda item.
Current Year Cost:
$0.00
Annual Operating Cost:
$90,798.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Review Approval
Kevin Dunbar
Brvn n Ruff
12-19-2003 14:50:55
12-22-2003 09:12:30
01-05-2004 10:53:15
12-04-2003 14:40:36
12-31-2003 10:56:21
01-07-2004 16:06:59
Knrp.n Domhrowski
Tina Wilson
Michael Guillen
Garrv Brumback
)~.
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~ Clearwater
C it Y Com m is s ion
v
Agenda Cover Memorandum
Trackinq Number: 367
Actual Date: 01/15/2004
Subject I Recommendation:
Approve an agreement between the DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG
COLLEGE, FLORIDA and the CITY OF CLEARWATER, FLORIDA for cash match funding of $37,230
for the period January 1, 2004 through December 31, 20C 4 for the AmeriCorps Pinellas Project
for support of membership, and that the appropriate officials be authorized to execute same.
Summary:
1. AmeriCorps Pinellas is designed to foster citizen responsibility, build neighborhood unity, and
provide educational opportu'nities.
2. AmeriCorps members are assigned to a partnering law enforcement agency and each
member provides 1,700 hours annually, working hand-in-hand with community police officers.
In return, the member receives such benefits as an annual living allowance of $9,900, health
insurance, childcare, and a $4,725 educational award.
3. The participating law enforcement agency benefits from the member's assistance with
community policing efforts, and the opportunity to mentor and mold the police officers of the
future. Twelve (12) full-time AmeriCorps members and one Project Activities Specialist will be
assigned to the Clearwater Police Department.
4. Targeted neighborhoods benefit from receiving approximately 20,000 hours annually of direct
public-safety and community improvement services.
5. The AmeriCorps Pinellas project began in 1994, and the Police Department is looking forward
to a tenth rewarding year in this program.
6. Funding for the AmeriCorps grant is provided by the Corporation for National Service through
the Florida Commission on Community Service. AmeriCorps Pinellas is administered by St.
Petersburg College Southeastern Public Safety Institute, working in conjunction with the
Clearwater Police Department.
7. Funding for the cash match of $37,230 is available in Special project
181-99489-582000-521-000, AmeriCorps Project NUCOPS.
8. A copy of the Agreement is available for review in the Office of Official Records & Legislative
Services.
Originating: Police
Section Consent Agenda
Category: Agreements/Contracts - with cost
User Department: Budget Office
Finanr.iallnformation:
~ Other
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Bid Required? No
Bid Exceptions:
Other
Other Contract?
Match Money
In Current Year Budqet?
Yes
Budqet Adjustment:
No
Current Year Cost:
$37,230.00
For Fiscal Year:
09/30/2003 to 10/31/2004
Total Cost:
$37,230.00
Appropriations Code
181-99489-582000-521-000
Review Approval
Tina Wilson
Gi'lrrv BnJmhack
Roh SIJrp.ttp.
Bill Horne
City Com mission
Agenda Cover Memorandum
Amount
$37,230.00
Appropriations Comment
Match Money
12-18-2003
12-31-2003
12-29-2003
01-05-2004
09:11:14
07:40:03
11:08:42
12:34:21
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PARTICIPATING AGENCY AGREEMENT
This agreement is enacted between the BOARD OF TRUSTEES OF ST. PETERSBURG
COLLEGE, FLORIDA, P. O. Box 13489, St. Petersburg, Florida, 33733, hereinafter
referred to as the "Board," and the CITY OF CLEARWATER, CLEARWATER POLICE
DEPARTMENT, 645 Pierce Street, Clearwater, Florida 33756, hereinafter referred to as
"CPD."
Whereas, the Board's Southeastern Public Safety Institute has received a grant from the
Corporation for National and Community Service through Volunteer Florida, The
Governor's Commission on Volunteerism and Community Service for the AmeriCorps
Pinellas Program, and;
1) CPD has agreed to support the AmeriCorps Program in Pinellas County through
the implementation of program objectives to promote public safety, community
involvement and AmeriCorps member development;
2) The Corporation for National and Community Service requires a cash match from
the grantee on certain budget categories. This includes costs associated with
AmeriCorps members' living allowances, FICA contributions, mandated health
and liability insurance and worker's compensation contributions. (all 12
AmeriCorps members will be assigned to the CPD) The total cost for these
budget categories is $135,349. CPD has made a commitment to provide $37,230
toward the cash match requirement for FY 2004 (January 1, 2004 - December 31,
2004). See attached letter of commitment, attached hereto as Exhibit A. In
addition, the City of Clearwater will provide automobile liability protection to the
AmeriCorps members who are assigned to and participate in the AmeriCorps
Program on behalf of the City of Clearwater while operating motor vehicles as
part of their assigned duties with the City of Clearwater Police Department to the
extent permitted by 768.28, Florida Statutes.
Under the terms of this agreement, in addition to providing $37,230 in cash match, the
CPD will donate office space, computer internet service, supplies, and furniture for the
Project Coordinator (a Board grant-funded employee), the use of departmental vehicles
for accomplishing program tasks, and will allow for a minimum of three hours per week
of mentoring by police officers per AmeriCorps member for the duration of this project.
The CPD will also contribute 5% of the deputy chief's time as department liaison and for
providing some on-sight oversight and guidance to the Project Coordinator. The CPD
$37,230 cash match must be provided to the Board within 30 days of the full execution of
this agreement.
The Board will be responsible for the overall administration and fiscal responsibility of
the AmeriCorps project and will provide, through grant funds, one AmeriCorps Project
Coordinator to be housed at the CPD to manage all operations of the project, supervise
and assign activities to the AmeriCorps members, and coordinate with CPD personnel. It
will also contribute up to $7,000 of cash match as needed to comply with the program's
budget match requirements.
Neither party will discriminate in its employment practices or its admission or treatment
of students on the basis of race, color, religion, age, sex, marital status or national origin
nor will either discriminate against any qualified individual with a disability. CPD and
the Board recognize that sexual harassment constitutes discrimination on the basis of sex.
This agreement is contingent upon federal funding and is subject to the terms and
provisions of the AmeriCorps Florida, Sub-grant contract between the Board and
Tallahassee Community College (fiscal Agent for) Volunteer Florida, the Governor's
Commission on Volunteerisrn and Community Service, effective January 1,2004, a copy
of which is attached hereto as Exhibit B. The parties hereto agree to be bound by and
comply with the terms and provisions of said Contract in the performance of their
respective duties hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the dates hereinafter stated.
Witnesses ~ .
Cj;:t 1___ /~
APPROVED
AS TO fORM A NTENT
BOARD OF TRUSTEES OF
ST. PETERSBURG COLLEGE,
FLORIDA
BfJ.t 'M. \r\~}.
C . uttler, Jr.
College President & Secretary,
Board of Trustees
Date: / /~/ /0 _:5
. ,
COLLEGE 0 NEY
. i'!.Il1Jrt)ved bY:~'fIlb3 .;.1Iji'/a 3
WItnesses as to the CIty ofClea~
On:--
CITY OF CLEARWATER,
CLEARWATER POLICE DEPT.
/
BY:
Sid Klein,
Chief of Police
Date:
AMERICORPS AGREEMENT 2004
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
JU.f& !JllA{jJ,
Robert J urette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Exhibit A
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CITY OF
CLEARWATER
POST OFFICE Box 4748, Cl.EARWATER, FLORIDA 33758-4748
CLEARWATER POLlCE DEPARTMENT, 645 PIERCE STREET, Cl.EARWATER, FLORIDA 33756
TELEPHONE (727) 562-4336
OFFICE OF THE CHIEF
OF POIlCE
January 21,2003
Mr. James C. Brock
Southeastem Public Safety Institute
St. Petersburg College
P.O. Box 13489
St. Petersburg, Florida 33733
Dear Mr. Brock:
This letter is written to express the City of Clearwater's support for and commitment to the
continuation of the AmeriCorps Pinellas Project in Clearwater.
The AmeriCorps program has had a very positive impact in Clearwater, as well as in the lives of the
Clearwater AmeriCorps participants. Through the efforts of the program, several neighborhood
clean-up days have been coordinated. AmeriCorps participants have established school crime watch
units in local high schools, improved the physical conditions of neighborhoods through code
enforcement activities, implemented safety patrols in city parks and served as mentors and tutors in
a homework club for at-risk youth.
This program is a win-win for all involved. The targeted neighborhoods receive over 20,000 hours
annually of direct public-safety related services while the program helps to develop a cadre of
educationally and experientially qualified police applicants. The AmeriCorps members, by virtue of
their term of service working with community policing officers, become familiar with neighborhood
residents and their problem's and needs.
To participate in this program, the City of Clearwater Police Department commits to a matching
share of$37,230 for the AmeriCorps project for FY 2004. The department also commits to assisting
in the development of recruitment ~trategi.es to employ interested participants and to give
consideration to hiring participants who, at the completion of the AmeriCorps program, are
certifiable as law enforcement officers, as openings occur. The department will also continue its
efforts for AmeriCorps members in training and mentoring.
The Clearwater Police Department is looking forward to another rewarding year in this exciting
Am~riCorps ,Program.
Sincerely,
3J/~
SID KLEIN
Chief of Police
SRK/kso
BRIAN J, Al':\GST, MAYOR-COMMISSIONER
WHITNEY GRAY, COMMISSIONER HoY!' Hiu\lll.TON, COMMISSIO:\ER
FRANK HIBBARD, COMMISSIONER * Bll.LJONSON, COMMISSIO:\ER
"EQUAL E~IPLOYME:\T .\.'\D AFFIRMATIVE ACTION EMPLOYER"
Exhibit B
2003-2004 STANDARD CONTRACT
Contract 03AC037011
This agreement is made BETWEEN
The Florida Commission on Community Service
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
St. Petersburg College
3200 34th Street South
St. Petersburg, Florida 33733
referred to herein as the "Provider"
The Provider, to be commonly referenced as "AmeriCorps Pinellas," will utilize AmeriCorps
members to serve with the Clearwater Police Department to assist in crime prevention and
community policing efforts by supporting citizen participation in neighborhood watch to help meet
emerging homeland security initiatives; implementing safety patrols for area schools,
neighborhood parks, and other public areas; recruiting citizens to volunteer in safety projects and
volunteer in policing programs, mentoring struggling youth in local schools and in after school
programs; and providing police departments with extra help during community events, traffic
details, and programs.
I. PROVIDER AGREEMENTS
A. Compliance.
1. The Provider is responsible for the compliance requirements applicable to CFDA
# 94.006 Federal Programs. These requirements are inclusive of the AmeriCorps
Provisions provided as Attachment III.
2. The Provider will rectify all compliance issues identified by the Commission in
writing within the time period set forth or all future reimbursements will be
withheld until the deficiencies are corrected. Written documentation should
include how all noted deficiencies were corrected or an acceptable justification,
action plan and timeline of compliance for any deficiencies not corrected within
the time period set forth.
B. Contract Renewal. This contract may be renewed on a yearly basis not to exceed
two (2) years beyond the initial contract. Such renewals shall be contingent upon
satisfactory performance evaluations, compliance, the availability of funds, and a
continuing AmeriCorps funding application in accordance with the Request for
Proposal requirements for the corresponding year. A contract amendment will be
executed for all renewals.
c. Program Name. The Provider may not change the program name without the prior
written approval of the Commission.
D. Program Performance Measures Objectives
Needs and Service Activity - Objective 1
Each AmeriCorps Members will serve as a mentor to 5 at-risk children (up to 60
children corps-wide) for at least one hour a week for a period of at least 12 weeks in
11/19/03
school or at least 12 hours in after school or summer programs. As a result, 75% of
participating children will show gains in behaviors, demeanors, and attitudes
characteristic in resilient children according to assessment forms completed by
teachers.
Community Strengthening - Objective 1
AmeriCorps Members will help plan and implement community service projects to
involve local community residents and assist in crime prevention. As a result, by the
end of the program year, at least 3 new volunteers will be registered in Volunteers In
Policing (VIP) programs for each AmeriCorps Pinellas member serving (up to 36
total), and 500 hours of service will be contributed by all volunteers overall.
Volunteers will be added to a VIP database and tracked using volunteer service logs.
Community Strengthening-Objective 2
AmeriCorps Members will assist police units during crime prevention, community
policing, traffic, code enforcement, and other law enforcement activities. As a result,
for each member serving, 150 hours of police officer time will be saved, valued at no
less than $3,000. Corps-wide up to 1800 hours of police time will be saved valued at
no less than $36,000.
Member Development -'- Objective 1
AmeriCorps Members will complete community policing and crime prevention
trainings, department orientations, service assignments and an average of 3 hours a
week of mentoring from local police officers resulting in 90% of program members
reporting and demonstrating an increase in police knowledge.
Performance Measures Objectives may be revised only with a formal contract
amendment.
E. Budget. Both a budget and budget narrative for the delivery of services described in
this contract are provided in Attachment II.
1. Match Requirements and In-Kind Contributions
a. The Provider must provide matching funds (cash) totaling a minimum of
fifteen percent (15%) of the total for AmeriCorps Member costs.
b. The Provider must provide matching funds (cash) and/or in-kind contributions
totaling a minimum of fifty-seven percent (57%) of the total for all other
costs.
2. Budget Revisions. The Commission must be notified of all changes and the
purposes of changes to the budget. The Commission reserves the right to disallow
any reVISIOns.
3. Property. The Provider agrees to seek prior approval to purchase any equipment
and/or furniture not listed in Attachment II with a purchase price of $500 or more
to be reimbursed by the Commission.
F. Reporting
1. Internet Access. The Provider agrees to provide the AmeriCorps Program
Internet access and e-mail capability.
11/19/03
2. Monthly Progress Reports. All first year AmeriCorps programs are required to
complete a monthly report using the attached form (Attachment IV) by the
fifteenth (15th) calendar day of each month during the contract period. The
Commission reserves the right to request monthly reports be submitted by any
Provider.
3. WBRS Progress Reports. The Provider will submit Progress reports via the
Web Based Reporting System (WBRS) in accordance with the requirements of
the Commission and the Corporation for National Service as follows:
a. January, 2004 - March, 2004; due April 15, 2004;
b. April, 2004 - June, 2004; due July 15, 2004;
c. July, 2004 - September, 2004; due October 14,2004; and
d. October, 2004 - December 2004; due January 15,2005.
4. Recruitment Plan for Persons with Disabilities. The Provider will submit an
updated or revised Recruitment Plan for Persons with Disabilities between the
sixth and ninth month of the program.
5. WBRS FSR Reports. The Provider will submit Quarterly Financial Status
Reports using Form SF269A in WBRS as follows:
a. January, 2004 -March, 2004; due April 30, 2004;
b. April, 2004 - June, 2004; due July 31, 2004;
c. July, 2004 - September, 2004; due October 31,2004; and
d. October, 2004 - December 2004; due February 14,2005.
6. WBRS Financial Reports for Reimbursement. The Provider will submit to the
Commission monthly financial reports for reimbursement consisting of a Periodic
Expense Report and Income Report. Both reports are standard forms on WBRS.
With the exception of the final financial reports, all reports for reimbursement are
due within the month following the period of report. If circumstances occur
delaying the reimbursement request, an explanation should be sent to the
Commission before the reimbursement request is due.
7. Final Financial Reports for Reimbursement. The Provider agrees to submit the
FINAL REPORT OF EXPENDITURES AND INCOME for payment within
forty- five (45) calendar days after the ending date of this contract or the date of
contract termination, whichever is earlier. If the Provider fails to submit the final
financial reports within the specified time, all rights to payment are forfeited.
8. Supporting Documentation. The Provider will submit supporting
documentation as requested for reported expenditures. At least once during the
contract year the Commission will request a prior month's supporting
documentation.
9. Property. At the end of the contract the Provider agrees to submit a current
inventory list of all property (i.e. equipment and furniture) with a purchase price
of $500.00 or more bought with funds provided through this contract. This
property listing must include a description of the property, model number, serial
number, date of acquisition, cost, inventory number and information on the
location, condition, tr~sfer, replacement or disposition of the property. The
Commission reserves the right to retrieve, upon termination of this contract, any
and all equipment and furniture purchased with funds provided through this
11/19/03
contract, or to receive repayment for funds provided through this contract used in
the purchase or any portion of such equipment or furniture. .
10. Audits. As a state institution of higher education the Provider is audited by the
State of Florida Auditor General's Office. The Provider is included in the Annual
State of Florida Federal Awards Program Audit.
11. Other Reports. The Provider agrees to provide other reports as may be requested
by the Commission by an established deadline.
G. Staff Recruitment and Responsibilities
Staff positions, duties, responsibilities and the number of staff working in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission, provided such revisions do not exceed original budgeted
amounts for staff. The Provider will hire and maintain one (1) FTE Program
Coordinator to be responsible for the overall management of the program.
H. AmeriCorps Member Recruitment and Responsibilities
1.. Recruit a minimum of twelve (12) AmeriCorps Members into full-time service
within sixty (60) days of implementation of this contract. The provider will recruit
Members who are representative of the community served. Members will be
provided with a living allowance of$9,900.00 per term of service.
2. The Provider agrees to implement the Commission approved Recruitment Plan for
Persons with Disabilities.
3. The positions, position descriptions, and number of Members working in this
program may be revised if requested in writing by the provider and -approved in
writing by the Commission. .
4. A National Service Enrollment Form must be completed via WBRS for all
Members. The program should keep a hard copy of the member enrollment form
in a member file.
5. A Member Change of Status Form must be completed via WBRS for each
Member for the following conditions:
a. suspensIOn;
b. ending service early;
c. reinstatement to service;
d. utilization of the Family Medical Leave Act; or
e. transfer to another AmeriCorps program. The program should keep a hard
copy in a member file. .
6. A National Service Trust End of Term of Service/Exit Form must be completed
via WBRS for each Member upon completion of her/his term of service. The
. program should keep a hard copy in a member file.
7. The Provider will submit approved forms in WBRS within 30 days upon a
member's enrollment in, completion of, lengthy or indefinite suspension from, or
release from, a term of service.
11/21/03
I. Partnership Development and Site Agreements
1. The Provider may enter into agreements with other private and public
organizations in the targeted communities to cooperate and coordinate the
provision of services under the terms of this contract.
2. Such partnerships may include, but are not limited to, the following agreements:
a. contributions of cash support for the services provided under the terms of this
contract
b. contributions of in-kind support for the services provided under the terms of
this contract.
c. coordination of service activities to prevent duplication of effort;
d. evaluation of service activities, Member development, etc.;
e. fundraising;
f. promotions or public relations; and
g. provision of member supervision andlor service site.
3. Agreements with partners to provide Member supervision andlor service sites
must be in writing and include the following items as appropriate:
a. description of services to be provided by Members;
b. designation ofperson(s) responsible for member supervision and verification
of member service hours;
c. description of prohibited member activities; and
d. other supervision or programmatic responsibilities.
1. The Provider shall include a list of its partner organizations on such materials as
may reasonably accommodate the listing, including;
a. brochures;
b. flyers;
c. posters; and
d. public service announcements.
J. Disaster Preparedness, Response, Recovery and/or Mitigation. The Corporation
for National Service (under agreement with the Federal Emergency Management
Agency) and the Commission (under agreement with the Florida Department of
Community Affairs Division of Emergency Management) requires the availability of
AmeriCorps Members to be assigned to provide assistance in disaster preparedness,
response, recovery, andlor mitigation activities. As part of its commitment to
community service, the provider agrees to train its members and staff to assist in disaster
preparedness, response, recovery and mitigation activities. Volunteers working with the
program will be given the option to participate in the training. The types of events that
could impact Florida include hurricanes, tornadoes, floods, other weather related events
and man-made events, such as hazardous materials accidents. Program members,
volunteers, and staff, based on the nature of the program, will be trained to assist with any
of the following activities: community preparedness education, shelter operations, mass
feeding, debris removal, community outreach, and other disaster recovery related
activities. Program members and volunteers may be requested to provide assistance
anywhere in the State of Florida. Provider staff and AmeriCorps Members shall work
under the direction and control of the Provider and shall not be considered volunteers to
FEMA, DCA or DEM for purposes of Chapter llO(IV) F.S. Requests for disaster
preparedness, response, recovery and mitigation assistance will be made on behalf of
11/19/03
the Florida Governor's State Coordinating Officer through the Commission's Director
of Emergency Management after consulting with the state Corporation for National
Service office disaster coordinator. All related activities undertaken by a program will
be done in cooperation with the local office of emergency management. Approved
expenses incurred as a result of provider activities related to disaster preparedness,
response, recovery and mitigation would be reimbursed. According to State of Florida
and Federal regulations, non-profit entities responding in times of disaster may request
reimbursement from the Federal Emergency Management Agency. Up to 75% of
eligible expenses may be reimbursed. The State of Florida, on a disaster specific basis,
may cover the remaining 25% of eligible expenses for private non-profit entities.
Providers responding at the request of the State Coordinating Officer would be eligible
for reimbursement of disaster related expenses. The Commission will furnish the
provider with additional information about expenditure reimbursement. Training costs
will not be reimbursable unless arrangements are made in advance. The Commission
has identified low and no cost training opportunities statewide. Providers may
contact the Commission's Director of Emergency Management for specific training
questions and opportunities.
K. Training and Technical Assistance. Training and/or technical assistance provided
to staff and/or AmeriCorps Members under this contract must be designed to facilitate
the improvement of the services, strengthen the development of the staff and the
ArneriCorps Members, and strengthen the communities in which services are
provided. Training and/or technical assistance may be provided directly by the
Provider, a community partner or other local resources requested from the
Commission, or coordinated through the Commission.
1. Staff. The Provider will ensure the provision of training and/or technical
assistance to ensure successful program implementation and operation. Required
trainings include;
a. four (4) Quarterly Program Director Meetings;
b. disaster preparedness, response, recovery and mitigation activities; and
c. one (1) disability inclusion training sponsored by the Commission and one (1)
disability inclusion training of format approved by the Commission.
Other suggested topics are, but are not limited to;
a. supervisory techniques;
b. ArneriCorps member evaluation;
c. working with the media;
d. ArneriCorps member motivation; and
e. report writing.
2. AmeriCorps Members. The Provider will ensure the provision of training
and/or technical assistance for members. Required trainings include:
a. American Red Cross-certified or comparable CPR and First Aid training; The
Provider will have all members trained or certified in CPR and First Aid.
b. diversity appreciation;
c. citizenship;
d. disaster preparedness, response, recovery and mitigation activities; and
e. disability awareness and sensitivity.
Other suggested topics are, but are not limited to:
11/19/03
a. team building;
b. conflict resolution;
c. career development;
d. Life after AmeriCorps.
L. National Service Activities. The Provider will schedule and conduct a at least one
direct service activities designed for and conducted as part of the Seasons of Service,
the designated national service days of the Corporation of National Service, during
the contract period.
M. Quality Assurance and Evaluation
1. The Provider will track and document progress made toward accomplishing the
deliverables of this contract.
2. The Provider agrees to facilitate, implement and participate in technical
assistance, external reviews, and other continuous improvement activities related
to the services.
3. The Provider agrees to permit persons duly authorized by the Commission to
inspect any records, papers, documents, facilities, goods and services of the
Provider that are relevant to this contract, and/or to interview any clients,
employees, volunteers, or any other parties affiliated with the Provider to be
assured of satisfactory performance of the terms and conditions of this contract.
4. The Provider will conduct formative evaluations to examine primary stakeholder
satisfaction with the program services, including at a minimum:
a. AmeriCorps members;
b. service recipients; and
c. community residents.
5. Provide any requested information in a timely fashion in the format specified by
the Commission;
6. Facilitate contact with community agencies and lor individuals for the
Commission or its consultant;
N. Records and Documentation.
1. The Provider agrees to maintain records of deliverables, including reports and
program and participant data.
2. The Provider agrees to maintain fiscal records and documents (including
electronic storage media) in accordance with generally accepted accounting
principles and practices which sufficiently and properly reflect all revenues and
expenditures of funds related to this grant.
3. The Provider agrees to assure that records will be subject, at all reasonable times,
to inspection, review or audit by Commission personnel and/or individuals
authorized by the Commission.
4. The Provider agrees to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, F.S. and made or
received by the Provider in conjunction with this contract. The Provider's refusal
to comply with this provision will constitute a breach of contract.
o. Safeguarding Information. The Provider agrees not to use or disclose information
concerning a recipient of services under this contract for any purpose not in
conformity with the state regulations (119, F.S) and federal regulations (45 CFR, Part
11/19/03
205.50), except upon written consent of the recipient or the recipient's responsible
parent or guardian when authorized by law.
P. Assignments and Subcontracts. The Provider agrees not to assign responsibility of
this contract to another party or to subcontract any portion of the work contemplated
under this contract without prior written approval of the Commission. No such
approval by the Commission will be deemed in any manner to provide for the
incurrence of any obligation of the Commission in addition to the total dollar amount
agreed upon in this contract. All such assignments or subcontracts will be subject to
the terms and conditions of this contract and to any conditions of approval that the
Commission may deem necessary. The Provider agrees to include audit and record
keeping requirements in all approved agreements entered into by the Provider for any
other subcontracted services in the amount of$25,000 or greater.
Q. Indemnification. Each party hereto agrees that it shall be solely responsible for the
wrongful acts of its employees and agents. However, nothing contained herein shall
constitute a waiver by either party of its sovereign immunity or the provision of
Section 768.28 Florida Statute.
R. Incident Reporting. In compliance with Chapter 415 F.S. and 39 F.S., an employee
or agent of the Provider who knows, or has reasonable cause to suspect that a child,
elder, or adult with a disability is or has been abused, neglected or exploited, shall
immediately report such knowledge or suspicion to the abuse registry operated by the
Florida Department of Children and Families on the single statewide toll-free
telephone number, 1-800-96-ABUSE (800-962-2873).
s. Sponsorship
1. The Provider agrees to, in publicizing, advertising, or describing the sponsorship
of a program funded wholly or in part by the Commission, state "Sponsored by St.
Petersburg College and Volunteer Florida". Ifthe sponsorship reference is in
written material, the words "Volunteer Florida" shall appear in the same size
letter or type as the name of the Provider.
2. The Provider agrees to incorporate the Volunteer Florida logo as appropriate on
all letterhead, brochures, newsletters, business cards, stationery, posters, flyers,
and other written and pictorial communication media for all programs funded
wholly or in part by the Commission.
3. The Provider agrees to notify the Communications Director of the Commission as
soon as possible when engaging in contact with the media; and to provide the
Commission's tag line to all media contacts for all programs funded wholly or in
part by the Commission.
T. Purchasing, Procurement of Materials with Recycled Content. The Provider
agrees that any products or materials that are the subject or are required to carry out
this contract shall be procured in accordance with the provisions of s.403. 7065 and
287.045, F.S.
U. Conflict of Interest. The Provider shall affirm that neither the Provider nor any of its
directors, officers, members or employees has any interest nor shall acquire any
interest, directly or indirectly, which would conflict in any manner or degree with
performance of the service hereunder. The Provider further agrees that in the
performance of the service, no person having such interest shall be employed by the
Provider.
11/19/03
V. Nepotism. No person may hold ajob or position with the Provider in which a
member of his /her immediate family exercises supervisory authority within the
program. A member of an immediate family includes: husband, wife, father, father-
in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-
in-law, daughter, daughter-in-law and separated spouses.
w. Sustainability. It is understood that the funding provided by the Commission for this
program is "seed money" to be used by the Provider to initiate a program, with the
assistance of the Commission, that will eventually be funded and managed locally
with minimal federal funds or responsibility for the program. To this purpose, the
Provider agrees to make a good faith effort to develop resources that will be applied
to the future operation of this program. Resources that are acquired during the course
of this contract will be reported to the Commission.
x. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility
and prohibit discrimination in accordance with AmeriCorps Provisions C. 31.
II. COMMISSION AGREEMENTS
A. Reimbursements. Complete and accurate reimbursement requests (WBRS Periodic
Expense Report and Income Report) will be processed at least bi-monthly by the
Commission and submitted to the Commission's fiscal agent, Tallahassee Community
College, for payment.
B. Technical Assistance. The Commission agrees to provide or assist the Provider in
obtaining technical assistance and training as needed by the Provider for this contract.
C. Site Visits. Following any quality assurance/continuous improvement review, the
Commission will deliver in a timely fashion to the Provider a written report with
comments and recommendations regarding the manner in which services are being
provided.
D. Contract Renewal. The Commission will notify the Provider in writing of the
submission date and requirements for the continuing application for contract renewal.
III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS
A. Effective and Ending Dates. The contract shall begin January 1, 2004, and end
December 31, 2004.
B. Contract Funding Amount. The maximum amount reimbursable under this
agreement is $152,079.00.
C. Type of Contract. This will be a cost reimbursement contract. Payment for the
contracted services will be contingent upon the documented allowable expenditures
for the specified contract period. The Commission's performance and obligation to
pay for services rendered under this contract is contingent upon available funding
from the Corporation for National and Community Service and the State of Florida.
D. Ownership and Sharing of Grant Products. Unless otherwise specified, the
Provider owns and may copyright any work that is subject to copyright, including
software designs, training manuals, curricula, videotapes and other products produced
under the grant. However, the Provider may not sell any work that includes the
Commission logo without prior Commission written approval. The Provider, to the
extent possible, agrees to make products produced under this contract available at the
cost of reproduction to others in the field. The Commission retains royalty-free, non-
exclusive and irrevocable licenses to obtain, use, reproduce, publish or disseminate
products, including data, produced under this contract and to authorize others to do
11/19/03
so. The Commission may distribute such products through a designated
clearinghouse.
E. Contact Protocol. The primary contact for all matters relating to this program shall
be the staff listed in Section III. I of this Contract, unless otherwise specified in
writing. The primary contact person will notify all parties in writing of alternative
contacts should he/she not be available.
F. Contract Amendments. All contract amendments will utilize the format of
Attachment I and must be signed by the Commission and the Provider.
G. Termination.
1. Termination at Will. This contract may be terminated by either party upon
no less than sixty (60) calendar days notice in writing, without cause, unless
both parties mutually agree upon a lesser time. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
2. Termination Because of Lack of Funds. In the event funds to finance this
contract become unavailable, the Commission may terminate the contract
upon no less than twenty-four (24) hours notice in writing to the Provider.
Said notice shall be delivered by certified mail, return receipt requested or in
person with proof of delivery. The Commission shall be the final authority as
to the availability of funds.
3. Termination for Breach. This contract may be terminated for non-
compliance and/or breach of contract by the Provider upon no less than
twenty-four (24) hours notice. If applicable, the Commission may employ the
default provision in Chapter 60A-1.006(3), FAC. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any other
breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Commission's right to
remedies at law or to damages.
H. Overpayment In the event that the Commission, the Provider or an auditor discovers
an overpayment has been made, the Provider will repay the overpayment within thirty
(30) calendar days unless extenuating circumstances are deemed to exist by the
Commission.
I. Notice and Contact.
1. The name, address and telephone number of the Commission's Program
Consultant for the contract is:
Amieko Watson
Director of National Service Programs
Volunteer Florida
401 South Monroe Street
Tallahassee, FL 32301
(850) 921-5172
amieko@volunteerflorida.org
The name, address, and telephone number of the representative for the
Provider responsible for the administration of the program under this contract is:
Lawrence Moose
AmeriCorps Program Director
St. Petersburg College
11/19/03
3200 34th Street South
St. Petersburg, Florida 33733
(727) 341-4493
moosel@slJic.edu
2. In the event that different representatives are designated by either party after
execution of this contract, notice of the name, address and telephone number
of the new representative will be rendered in writing to the other party and
said notification attached to originals of this contract.
J. All Terms and Conditions Included. This contract and its attachments as
referenced below contain all the terms and conditions agreed upon by the parties.
Attachment I - Contract Amendment Form
Attachment II - Budget and Budget Narrative
Attachment III - AmeriCorps Provisions
Attachment IV - Monthly Progress Report Form
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
n
~joard of Trustees ofSt. Petersburg College COMMISSION
Signed by:
PROVIDER
Signed by:
(~ 'M... \~~~
\g@ature
Signature
CcrI ~/~. T:\.FJ.L!-=:::, Ir.
. Name
Name
Carl M. Kuttler, Jr., College President and
Secretary to the Board of Trustees
Title
Title
II kilt) :5
, I ,
Date
Date
APPROVED
AS TO FORM I ONTENT
COLLEGE ORNEY
Approved by' ~ T
On: cqh ~);,~ rJ-/;;) do.3
11/3/03
ATTACHMENT I
Amendment #
This amendment is made BET Nlfft: r-pv~ 16 --4, ~jf-vt-
The Florida Commission on Coml (r~...~)A ~..'.9. i.>.......................It~.......~I.'~
401 South Monroe Str. ~ N'f tx.t.. ~;. /J,..It~.* .
Tallahassee, Florida 32 . .
referred to herein as the "Co~ ~! _Ik .0/. .. .~.. ~..e,
St. peter~~g Colle~ crt iu..~~vwretf~41ku'
3200 34th Street Sou.
St. Petersburg, Florida j
referred to herein as the "ProvideJ
Contract 03AC03701
1. Section _, Paragraph
is hereby amended to n!
2. This amendment shall begin on , or on the date on which
the amendment has been signed by both parties, whichever is later.
3. All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
4. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
5. This amendment and all its attachments are hereby incorporated into and made a part of the
above cited contract.
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
PROVIDER
Signed by:
COMMISSION
Signed by:
Signature
Signature
Name
Name
Title
Title
Date
Date
11/19/03
ATTACHMENT II
Run by ABRADBUR RPT_BGT_424
on October 28,20034:11 PM
AMERICORPS PINELLAS
St. Petersburg College
Application 10: 03AC037011 Budget Dates:
Total Amt CNCS Share Grantee Share
Section I. Program Operating Costs
A. Personnel Expenses 69,864 34,366 35,498
B. Personnel Fringe Benefits 11,073 11,073 0
C. Travel
Staff Travel 1,234 1,234 0
Member Travel 6,334 0 6,334
Total $7,568 $1,234 $6,334
D. Equipment
E Supplies 8,871 1,020 7,851
F. Contractual and Consultant Services
G. Training
Staff Training
Member Training 2,380 900 1 ,480
Total $2,380 $900 $1,480
H. Evaluation 0 0 0
I. Other Program Operating CJsts 10,352 1,850 8,502
Travel to CNCS-Sponsored Meetings 500 500 0
Total $10,852 $2,350 $8,502
Section I. Subtotal $110,608 $50,943 $59,665
Section n. Member Costs
A, Living Allowance
Full Time (1700 hrs) 119,808 85,536 34,272
Half Time (900 hrs) 0 0 0
Reduced Half Time (675 hrs) 0 0 0
Quarter Time (450 hrs) 0 0 0
Minimum Time (300 hrs) 0 0 0
2nd Year of 2-Year Half Time 0 0 0
Total $119,808 $85,536 $34,272
B. Member Support Costs
FICA for Members 1,737 1,240 497
Worker's Compensation 2,628 1,892 736
Health Care 11,176 8,047 3,129
Total $15,541 $11,179 $4,362
Section H. Subtotal $135,349 $96,715 $38,634
Section II. Percentages 71.5% 28.50/0
Section HI. Admlnistrative/lndirect Costs
A. Corporation Fixed Percentage
Corporation Fixed Amount 21,607 4,421 17,186
Commission Fixed Amount 1,521 1,521 0
Total $23,128 $5,942 $17,186
B. Federally Approved Indirect Cost Rate
Section III. Subtotal $23,128 $5,942 $17,186
Section I + III. Funding Percentages 42.5% 57.5%
Budget Totals $269,085 $153,600 $115,485
Form 424A
Modified SF-424A (4/88 and 12/97)
Page 1
Budget Narrative for 03AC037011
Budget Narrative: AMERICORPS PINELLAS for St. Petersburg College
Page 1 of5
Section I. Program Operating Costs
A.PersonnelExpenses
Positionmtle -Qty -Annual Salary -% Time CNCS Share I Grantee Share I Total Amount
, Project Coordinator: - 1 person(s) at 38184 each x 100 % usage 34,366 3,818 38,184
Law Enforcement Officers: - 12 person(s) at 41575 each x 6.35 % usage 0 31,680 31,680
CATEGORY Totals 34,366 35,498 69,864
B. Personnel Fringe Benefits
Purpose -Calculation -Total Amount CNCS Share Grantee Share Total Amount
Benefits for Project Coordinator: 29% of salary 11,073 0 11,073
CATEGORY Totals 11,073 0 11,073
C. Travel
Staff Travel
Purpose -Calculation CNCS Share Grantee Share Total Amount
Project Coordinator travel to required quarterly PO meetings: 4 PO meeting 320 0 320
trips at 270 miles roundtrip at .29 cents/mile mileage reimbursement +tolls
Local travel necessary to monitor member activities: 150 miles per month 522 0 522
@.29/mile reimbursement
Travel to state commission for meeting or training: Airfare to Tallahassee 392 I o I 392
($200) + 2 nights lodging @$75/night + 2days per diem ($42 total)
CATEGORY Totals 1.234 I o I 1,234
Member Travel
Purpose -Calculation CNCS Share Grantee Share Total Amount
Member travel to assignments and to conduct activities: 1820 mi.lmo. 0 6,334 6,334
@ .29/mile x12 mos.
CATEGORY Totals 0 6,334 6,334
D. Equipment
Item/Purpose -Qty -Unit Cost CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
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Budget Narrative for 03AC037011
E.Supplies
Page 2 of5
Item -Calculation CNCS Share Grantee Share I Total Amount I
AmeriCorps uniforms: 12 members @ $35 per member 420 0 I 420 I
Office supplies: $50 per month for paper, pens, printer cartridges, etc. 600 1,500 I 2,100 I
Includes $1500 inkind for additional supplies from Clearwater PD.
Dept. uniforms and safety vests for members: Clearwater uniform materials
$329.75 per member * 12 members. Safety vests for special assignments 6 @ 0 6,351 6,351
$399
CATEGORY Totals 1,020 7,851 8,871
F. Contractual and Consultant Services
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
G. Training
Staff Training
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
Member Training
Purpose -Calculation -Daily Rate CNCS Share I Grantee Share I Total Amount
Food for Member reflection exercises: 4 per year @$75 per training- Daily 300 I 0 I 300
Rate of
First Aid and CPR: $50 per member x 12- Daily Rate of 600 0 600
Inlroto Community policing training 4 hours (provided by RCPI): $270 per 0 270 270
class according to provider- Daily Rate of
Ethics training 4 hours (RCPI): $255 per class according to provider- Daily 0 255 255
Rate of
Understanding Disability (SPC): 2 hours @$50 per hour- Daily Rate of 0 100 100
Cultural Diversity (SPC): 4 hours @$40 per hour- Daily Rate of 0 160 160
Conflict Resolution (SPC): 4 hours @$40/hour160- Daily Rate of 0 160 160
Tutoring training (AmeriCorps Hillsborough Reads): $300 according to 0 300 300
provider- Daily Rate of
Mentoring training (Pinellas County Schools): $50 according to provider- Daily 0 50 50
Rate of
Traffic Direction (Clearwater PD): $185 est. based upon previous years- Daily 0 I 1851 185
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Budget Narrative for 03AC037011
Page 3 of5
Rate of
CATEGORY Totals 900 1,480 2,380
H. Evaluation
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
Self Evaluation using tools developed by a past paid evaluator.: - Daily Rate of 0 0 0
CATEGORY Totals 0 0 0
I. Other Program Operating Costs
Purpose -Calculation CNCS Share Grantee Share Total Amount
Pager rental for PD: $50 Iyear (approx. $4 per month) 50 0 50
General Liability insurance on members: $900 (estimate from past years) 900 0 900
Duplicating costs: $700 based on past years 700 0 700
Film purchase and development to document activities: $200 (based on $15- 200 0 200
$20 per month)
Office space provided by Clearwater PD: $6000 ($500 per month) 0 6,000 6,000
Classroom space and time provided by SPC for training: $500 based upon 50 0 I 724 g
hours at $101 hour + $32 day for room set up and breakdown
Unanticipated costs: I 0 II 1,778 I 1,778
Travel to CNCS-Sponsored Meetings: $500 required 500 0 500
CATEGORY Totals 2,350 8,502 10,852
SECTION Totals 50,943 59,665 110,608
Section II. Member Costs
A. Living Allowance
Item - # Mbrs wI Allow -Allowance Rate - # Mbrs wlo Allow CNCS Share Grantee Share Total Amount
Full Time (1700 hrs): 12 Member(s) at a rate of 9984 each 85,536 34,272 119,808
Members W/O allowance 0
Half Time (900 hrs): 0 Member(s) at a rate of 0 each 0 0 0
Members W/O allowance 0
Reduced Half Time (675 hrs): 0 Member(s) at a rate of 0 each 0 0 0
Members W/O allowance 0
Quarter Time (450 hrs): 0 Member(s) at a rate of 0 each 0 0 0
Members W/O allowance 0
Minimum Time (300 hrs): 0 Member(s) at a rate of 0 each 0 0 0
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Budget Narrative for 03AC037011
Page 4 of5
Members W/O allowance 0
2nd Year of 2-Year Half Time: 0 Member(s) at a rate of 0 each 0 0 0
Members W/O allowance 0
CATEGORY Totals 85,536 34,272 119,808
B. Member Support Costs
Purpose -Calculation CNCS Share Grantee Share Total'
FICA for Members: .0145 of "salary" for Medicare. Because of association 1,240 497 1,737
with college they are eleigible for alternative to Soc. Sec. withholding.
Worker's Compensation: Acordia of Ohio rate of $18.25 per member per 1,892 736 2,628
month
Health Care: Using SRC figured at $1397 per year per member x 8 members.
Budgeted only for 8 because our members are typically students who often 8,047 3,129 11 ,176
decline the insurance.
CATEGORY Totals 11 ,179 4,362 15,541
SECTION Totals 96,715 38,634 135,349
Section III. Administrative/Indirect Costs
A. Corporation Fixed Percentage
Item -Calculation CNCS Share Grantee Share Total Amount
Corporation Fixed Amount: The most recent Provisional Indirect Cost Rate for
St. Petersburg College is 41.3%. College will claim only a little less than 3% of 4,421 17,186 21,607
CNCS funds spent and donate the difference as inkind. Also includes Admin
Inkind from the Clearwater PO of $5,837
Commission Fixed Amount: (12,800. 12FTE) - ($12,800 *12FTE/1.01) 1,521 0 1,521
CATEGORY Totals 5,942 17,186 23,128
B. Federally Approved Indirect Cost Rate
Calculation -Cost Basis -Cost Type -Rate - Rate Claimed CNCS Share Grantee Sh ount
CATEGORY Totals 0 0 0
SECTION Totals 5,942 17,186 23,128
BUDGET Totals 153,600 115,485 269,085
Source of Funds
Section
Description
Cash match of $5,596 and in kind from St. Petersburg College and the
file:1 /C:\Documents%20and%20Settings\Moose.Lawrence.ADMIN\Desktop\2004%20AmeriCorps%20C... 11/19/2003
Budget Narrative for 03AC037011
Page 5 of5
Clearwater Police Department of $53,719. Additional in kind donations of
Section I. Program Operating Costs training from AmeriCorps Hillsborough Reads, and Pinellas County
Schools valued at $350.
Section II. Member Costs Cash match from the Clearwater Police Department and St. Petersburg
College of $38,634.
Section III. Administrative/Indirect Costs In Kind match from S1. Petersburg College and the Clearwater Police
Department totalling $17,186.
file:/ /C:\Documents%20and%20Settings\Moose.Lawrence.ADMIN\Desktop\2004%20AmeriCorps%20C... 11/19/2003
ATTACHMENT OI
Key Changes to 2003 AmeriCorps Provisions
Section A - Definitions
This section was revised to add the following definitions:
(6) Community beneficiaries
(8) End-Outcome Indicators
(9) Evaluation
(10) Faith-based organizations
(13) Intermediate-Outcome Indicators
(18) Output Indicators
(20) Performance Measures
Section 2 - Affiliation with the AmeriCorps National Service Network
This section added language to clarify that a grantee may not use or display the AmeriCorps logo
in connection with any prohibited activity.
Section 5 - Fundraisine
(a) Approved Member Activities - This section was revised to provide clarification on
allowable member activities related to fundraising.
(b) Prohibited Member Activities - This section was added to provide guidance on
prohibited member activities related to fundraising.
Section 6 - Elieibilitv. Recruitment and Selection
(a) Eligibility to Enroll - This section was updated to reflect the current reference in the
definition section of a member.
(d) Reasonable Accommodation - This section was revised to reflect the name change of The
President's Committee on Employment of People with Disabilities. The new name is
The Office of Disability Employment Policy of the U.S. Department of Labor. The web
address has changed. The current web address is www.ian.wvu.edu.This section also
deleted the sentence, "By statute, only subtitle C Competitive State and National Direct
AmeriCorps Programs may use these funds." Not only are Competitive State and
National Direct AmeriCorps Program eligible to use funds to support reasonable
accommodation, but so are AmeriCorps State Formula Programs.
Section 8 - Terms of Service
(c) Notice to the Corporation's National Service Trust - This section was revised to include
that the grantee must notify the Corporation's National Service Trust within 30 days upon
entering into a commitment with an individual to serve in an AmeriCorps program.
(d) Member Enrollment Procedures - This section was added to provide guidance and
clarification on when a commitment has been made to an individual to serve and when a
member is enrolled in AmeriCorps. Additional guidance is provided on the process of
entering into a commitment with an individual and enrolling an individual in
AmeriCorps.
(e) Notice to Childcare and Healthcare Providers - This section has been revised to move the
requirements for notifying childcare and healthcare providers when a member's status
changes from (d) to (e).
(t) Changing Member Status - This section was revised to include that the grantee must
obtain prior written approval from the Office of Grants Management for a change in the
number of slots in the grant and a change in the funding amount of the grant. The grantee
may no longer convert filled or unfilled AmeriCorps slots; however, the grantee may
request slot corrections through WBRS, which must be approved by the Corporation.
(g) Changing Slot Types (Unfilled Positions) - This section clarifies that a grantee or sub-
grantee may change the type of slots awarded to their program with prior approval from
the Corporation's Office of Grants Management if the change does not increase the total
number of slots or the total number of FTEs authorized in the Notice of Grant Award.
(h) Changing Term of Service (Filled Positions) - This section was revised to include
clarification that changes in terms of service may not result in an increased number of
slots or FTEs for the program.
Section 11- Livine Allowances. Other In-Service Benefits and Taxes
(h) Federal Work Study - This section has been revised to conform to the upcommg
regulation changes.
Section 14 - Member Records and Confidentiality
(b) Verification - This section has been revised to comport with Grants Management
Guidance 02-02 issued in August 2002 regarding documentation of member eligibility
and member record retention.
Section 15 - Budeet and Proerammatic Chanees
(a) Programmatic Changes - This section has been revised to clarify that State Commissions
are responsible for approving programmatic changes for state formula programs.
Section 16 - Reportine Requirements
(a) Financial Status and Progress Reports
i. Financial Status Report - This reporting period covered for the FSR due April 30th
has been revised to cover the start of the grant through March 31
11. Progress Report - The due date has been changed. The new due date is the first
Monday in December 2004 for the period October 1, 2003 through September 30,
2004.
Section 18 - Performance Measurement and Evaluation
This section has been revised to move the requirements for performance measurement and
evaluation from Section 35 (a) - (d) to Section 18 (a) - (t). Further, this section adds guidance
on basic requirements for performance measurement for all AmeriCorps programs as well as
Performance Measurement Requirements for Competitive versus Formula-type Programs.
(a) Performance Measurement - This section adds guidance on basic requirements for
performance measurement for all AmeriCorps programs.
(b) Performance Measurement Requirements for Competitive versus Formula-type Programs
- This section was added to clarify the performance measurement requirements for
competitive versus formula-type programs.
(c) Changes to Negotiated Performance Measures - This section adds guidance on when
Grantees should request changes to negotiated performance measures.
Final - July 2003
2
Section 32 - The Office of Inspector General
This section was added to provide guidance on the role of The Office of Inspector General and
when a grantee should contact that office.
Final - July 2003
3
Attachment IV
AmeriCorps
Monthly Report
Month & Year Reporting
Program Name:
Operating Site Number:
Submitted by:
Telephone Number:
Members:
Number
Allotted
Number
EnroUed to Date
I I
Service Hours -
Month
Service Hours -
Year-to-Date
Fun time I
Part time
N umber used
this Month
Number used
Year-to-Date
Service Hours - Service Hours -
Month Year-to-Date
Volunteers:
Progress Made Toward
Meeting Objectives:
Community Service
(Getting Things Done)
Community
Strengthening
Member Development
Exceeded Expectations
Met Expectations
Below Expectations
~ Based on each of your program objectives, please describe any special events, issues, concerns,
successes, or recognition experienced by your program or the members this month. Attach
copies of news articles, reports, awards, etc. as you think appropriate.
puJ'\
~ Clearwater C it Y Com m i s s ion
0~~. Age n d a Co v e r Me m 0 ran dum
Trackinq Number: 342 Actual Date: 01/15/2004
Subject / Recommendation:
Approve a contract with Bay Area Housing and Development Corporation to sell Lot 1,
CLEARWATER ESTATES, for the total sum of $67,000, and that the appropriate officials be
authorized to execute same.
Summary:
The City purchased all of Lot 238, HIGHLAND LAKE SUBDIVISION,less the east five feet, a
former well site for privately owned Highland Lake Water System, for $22,000 in 1969. The
three wells on the property were subsequently closed and capped by the City.
On January 5, 1970 the west 17 feet of the lot were dedicated as additional Highland Avenue
right-of-way; and on February 6, 1970 the City sold the 105' X 137.5' southeast quadrant of the
lot to George and Ethel Moore for $24,000.
The parcel, zoned Open Space/Recreation, was declared surplus property by the commission on
July 17, 1986. Voters approved sale of the property at referendum on November 4,1986.
In December 1986 the property was rezoned RS-6 (now LMDR), but was never sold. The site
was subdivided into four single-family lots and replatted as CLEARWATER ESTATES in 2003.
The four lots were appraised for a total of $167,000 on April 17, 2003 and offered for sale by
Invitation For Bid 44-03. The subject Lot 1 was offered for a minimum bid of $50,000. Lot 2
was offered at $41,000 and Lots 3 and 4 were offered at $43,000 each.
Twelve sealed bids were opened October 23, 2003. Highest responsive bids for all four lots
totaled $233,649, with Bay Area Housing & Development Corporation offering $67,000 to
purchase Lot 1, closing within 90 days subject to provisions of the proposed contract.
The contract anticipates City receipt of the $67,000 as net sale proceeds that will accrue in the
General Fund Surplus Land Sale account 010-00000-364220-000-204.
A copy of the contract is available for review in the office of Official Records and Legislative
Services.
Originati[t~ Engineering
Section Consent Agenda
Cateqorv: Agreements/Contracts - without cost
Number of electronic documents 1
attached:
Public Hearing: No
Financial Information:
Review Approval
~~.
~~l~arwater
v~~;~
.~;;rv""~'~,,-,~.
City Co m m ISSIO n
Agenda Cover Memorandum
Michael Ouillen
12-04-2003
14:36:59
Gi'lrrv BnJmhi'lr.k
12-17-2003
15:51:22
Li'llJri'l Linowski
12-17-2003
14:44:06
Bill Hornp
12-19-2003
15:25:47
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R..e '. puJ:1
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and BAY AREA HOUSING &
DEVELOPMENT CORPORATION, a Florida corporation, P. O. Box 8533, Clearwater, FI. 33758 (herein
"Buyer"), (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real
property ("Real Property") and personal property, if any ("Personalty") (collectively "Property") upon the following
terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: CLEARWATER ESTATES, Lot 1, according to the plat thereof as recorded
in Plat Book 127, Pages 18 & 19, Public Records of Pinellas County, Fl.
2. FULL PURCHASE PRICE ..................................... ...... ... ... ...... ............ ...... ...... ...... ......... $ 67,000.00_
3. MANNER OF PAYMENT
Total Purchase Price to be paid at closing in U.S. funds, cash, certified or
Cashier's check. subject to adjustments and prorations..............
..... ........$ 67,000.00
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. TITLE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Title shall be free of liens and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions
and public utility easements of record; and (other matters which title will be subject): No Others.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within at least -19- days prior to closing date obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue its title insurance policy subject only to
liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged
by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
7. SURVEY
Buyer. at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer. Seller and closing agent by a registered Florida land surveyor. If
GC02365F.DOC
1
survey shows any encroachment on Real Property, or that improvements located on Real Properly encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 90 days followinQ Effective Date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to .].!Ldays without effect
upon any other term, covenant or condition contained in this contract.
9. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit, assignments of leases, tenant estoppel letters,
and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement.
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 20124, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Properly, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to properly of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 7 above.
14. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property.
15. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect. all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAULT
GC02365F.DOC
2
If Buyer fails to close within the time specified (including payment of all deposit(s)), Seller may seek specific
performance of this contract in a court of competent jurisdiction; or alternatively, the deposit(s) paid by Buyer may
be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations
under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent
effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect
to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's
breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to perform
any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY: PERSONS BOUND
Buyer may assign this contract at Buyer option. The terms "Buyer", "Seller", and "Broker" (if any) may be
singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
21. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
GC02365F.DOC
3
L.
26. COUNTERPARTS: FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
28. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
CORPORATION
,2003
BAY AREA HOUSING AND DEVELOPMENT
By:
Thomas L. Dwyer, President
APPROVED AND ACCEPTED THIS _ day of
,200 .
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II, City Manager
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
ATTEST:
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
GC02365F.DOC
4
dY.
PuJ 'a
~ Clearwater C it Y Com m i s s ion
u:~~::::--~~...;;;..... Age.n d a Co v e r Me m 0 ran dum
~~~.....-~~::/--~
Trackinq Number: 343 Actual Date: 01/15/2004
Subiect I Recommendation:
Approve a contract with Suzanne Syvolavong to sell Lot 2, CLEARWATER ESTATES, for the total
sum of $50,499, and that the appropriate officials be authorized to execute same.
Summary:
The City purchased all of Lot 238, HIGHLAND LAKE SUBDIVISION, less the east five feet, a
former well site for privately owned Highland Lake Water System, for $22,000 in 1969. The
three wells on the property were subsequently closed and capped by the City.
On January 5, 1970 the west 17 feet of the lot were dedicated as additional Highland Avenue
right-of-way; and on February 6, 1970 the City sold the lOS' X 137.5' southeast quadrant of the
lot to George and Ethel Moore for $24,000.
The parcel, zoned Open Space/Recreation, was declared surplus property by the commission on
July 17, 1986. Voters approved sale of the property at referendum on November 4,1986.
In December 1986 the property was rezoned to RS-6 (now LMDR), but was never sold. The site
was subdivided into four single-family lots and replatted as CLEARWATER ESTATES IN 2003.
The four lots were appraised for a total of $167,000 on April 17, 2003 and offered for sale by
Invitation For Bid 44-03. The subject lot was offered at $41,000. Lot 1 was offered at $50,000
and Lots 3 and 4 were offered for $43,000 each.
Twelve sealed bids were opened October 23, 2003. Highest responsive bids for all four lots
totaled $233,649, with Suzanne Syvolavong offering $50,499 for Lot 2, closing within 30 days in
accordance with provisions of the proposed contract.
The contract anticipates City receipt of the $50,499 as net sale proceeds that will accrue in the
General Fund Surplus Land Sale account 010-00000-364220-000-204.
A copy of the contract is available for review in the office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
N u mbe r ofelectr.9Jlj(::_dQ~Yme n ts_
attached:
Public Hearinq: No
1
Financial Information:
Review ADDroval
Michael Quillen
12-04-2003
14:38:33
~ ,~~arwater
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V^;;;:r.,':::/~
Garrv Brumback
Lilllril Lioowski
Bill Horne
C it Y Com m IS S Ion
Agenda Cover Memorandum
12-18-2003
12-18-2003
12-19-2003
13:24:48
10:43:25
15:23:42
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CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and SUZANNE SYVOLAVONG a married
woman, 5842 1171h Avenue North, Pine lias Park, FI. 33782 (herein "Buyer"), (collectively "Parties"), hereby agree
that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property, if
any ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: CLEARWATER ESTATES, Lot 2, according to the plat thereof as recorded
in Plat Book 127, Pages 18 & 19, Public Records of Pinellas County, FI.
2. FULL PURCHASE PRICE .............................................................................................. $50,499.00
3. MANNER OF PAYMENT
Total Purchase Price to be paid at closing in U.S. funds. cash, certified or
Cashier's check. subject to adjustments and prorations..
........... .....$50,499.00
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. TITLE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Title shall be free of liens and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions
and public utility easements of record; and (other matters which title will be subject): No Others.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within at least~ days prior to closing date obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue its title insurance policy subject only to
liens, encumbrances, exceptions or qualifications set forth in this Contract. and those which shall be discharged
by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
7. SURVEY
GF86E231.DOC
1
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 30 days followin9 Effective Date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to ~days without effect
upon any other term, covenant or condition contained in this contract.
9. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit, assignments of leases, tenant estoppel letters,
and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement.
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 7 above.
14. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property.
15. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
GF86E231.DOC
2
16. DEFAULT
If Buyer fails to close within the time specified (including payment of all deposit(s)), Seller may seek specific
performance of this contract in a court of competent jurisdiction; or alternatively, the deposit(s) paid by Buyer may
be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations
under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent
effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect
to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's
breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to perform
any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY: PERSONS BOUND
Buyer may assign this contract at Buyer option. The terms "Buyer", "Seller", and "Broker" (if any) may be
singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
21. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
26. COUNTERPARTS: FACSIMILE COPY
GF86E231.DOC
3
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
2B. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
,2003
BUYER
Suzanne Syvolavong
APPROVED AND ACCEPTED THIS _ day of
,200_.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
By:
William 8. Horne, II, City Manager
Approved as to form:
ATTEST:
Cynthia E. Goudeau, City Clerk
Laura Lipowski, Assistant City Attorney
GF86E231.DOC
4
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pw3
~ Clearwater
~ '_~~1-:::;-"::::_<~....~-:
~~..-.:::~'-~~~,
C it Y Com m is s ion
Agenda Cover Memorandum
Trackinq Number: 339
Actual Date: 01/15/2004
Subject I Recommendation:
Approve a contract with Evan B. Kuehn and Louis R. Fernald to sell Lots 3 and 4, CLEARWATER
ESTATES, for the total sum of $116,150, and that the appropriate officials be authorized to
execute same.
Summary:
The City purchased all of Lot 238, HIGHLAND LAKE SUBDIVISION, less the east five feet, a
former well site for privately owned Highland Lake Water System, for $22,000 in 1969. The
three wells on the property were subsequently closed and capped by the City.
On January 5, 1970 the west 17 feet of the lot were dedicated as additional Highland Avenue
right-of-way; and on February 6, 1970 the City sold the 105' X 137.5' southeast quadrant of the
lot to George and Ethel Moore for $24,000.
The parcel, zoned Open Space/Recreation, was declared surplus property by the commission on
July 17, 1986. Voters approved sale of the property at referendum on November 4, 1986.
In December 1986 the property was rezoned to RS-6 (now LMDR), but was never sold. The site
was subdivided into four single-family lots and replatted as CLEARWATER ESTATES in 2003.
The four lots were appraised for a total of $167,000 on April 17, 2003 and offered for sale by
Invitation For Bid 44-03. The subject lots were offered for a minimim bid of $43,000 each, one
lot at $41,000 and the largest lot at $50,000.
Twelve sealed bids were opened on October 23, 2003. Highest responsive bids for all four lots
totaled $233,649, with Mr. Kuehn and Mr. Fernald offering $116,150 to purchase subject Lots 3
and 4 in accordance with provisions of the proposed contract.
The contract anticipates City receipt of the $116,150 as net sale proceeds that will accrue in the
General Fund Surplus Land Sale account 010-00000-364220-000-204.
A copy of the contract is available for review in the office of Official Records and Legislative
Serv ices.
Originating: Engineering
Section Consent Agenda
Cateqory: Agreements/Contracts - without cost
Number of electronic documents
attached:
Public Hearing: No
1
financial Information:
Review Approval
~ Clearwater
~ 8:~':;::::~
...:,r-~.;:;/-~ "C,r"1,....oI"'~.
Michael Quillen
Grlrrv Bnlmhrlc:k
Laura Lioowski
Bill Hnrnp
C it Y Com m IS S Ion
Age n d ac 0 V e r Memorandum
12-01-2003
12-18-2003
12-18-2003
12-19-2003
14:32:18
13:19:54
10:58:36
15:24:35
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Re, '.Pw 3
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and EVAN B. KUEHN & LOUIS R.
FERNALD, as tenants in common,10504 Happy Hollow Avenue, Odessa, FI. 33556 (herein "Buyer"),
(collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property
("Real Property") and personal property, if any ("Personalty") (collectively "Property") upon the following terms
and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: CLEARWATER ESTATES, Lots 3 & 4, according to the plat thereof as recorded
in Plat Book 127, Pages 18 & 19, Public Records of Pinellas County, FI.
2. FULL PURCHASE PRICE.
................ $116,150.00_
3. MANNER OF PAYMENT
Total Purchase Price to be paid at closing in U.S. funds, cash, certified or
Cashier's check, subject to adjustments and prorations..................................................... ..$116,150.00
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so infonmed in writing within 5 days of such action.
5. TITLE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Title shall be free of liens and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing. if any; covenants, restrictions
and public utility easements of record; and (other matters which title will be subject): No Others.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within at least ~ days prior to closing date obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue its title insurance policy subject only to
liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged
by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
GFED4668.DOC
1
7. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 45 days followina Effective Date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as. set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect
upon any other term, covenant or condition contained in this contract.
9. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit. assignments of leases, tenant estoppel letters,
and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement.
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 7 above.
14. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property.
15. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a periOd of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841. F.S. (1987), as amended.
GFED4668.DOC 2
16. DEFAULT
If Buyer fails to close within the time specified (including payment of all deposit(s)), Seller may seek specific
performance of this contract in a court of competent jurisdiction; or alternatively, the deposit(s) paid by Buyer may
be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations
under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent
effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect
to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's
breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to perform
any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY: PERSONS BOUND
Buyer may assign this contract at Buyer option. The terms "Buyer", "Seller". and "Broker" (if any) may be
singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
21. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
GFED4668.DOC
3
26. COUNTERPARTS; FACSIMILE COpy
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument A facsimile copy of this contract, including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
28. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
,2003
BUYER
BUYER
Evan B. Kuehn
Louis R. Fernald
------------------------------------....---------.....--------..-....-------------------------------------
APPROVED AND ACCEPTED THIS _ day of
,200 .
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
By:
William B. Horne, II, City Manager
Approved as to form:
ATTEST:
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
GFED4668.DOC
4
Jio.
pu)y
~~arwater
u~~
~""""'V
C it Y Com m is s ion
Agenda Cover Memorandum
Tracking Number: 340
Actual Date: 01/15/2004
Subiect I Recommendation:
Approve the Local Agency Program (LAP) Supplemental Agreement No.3 with the Florida
Department of Transportation (FDOT) for the Clearwater Beach West Bridge/Spur Connector,
Summary:
- On November 13, 2000, the City Commission approved the Local Agency Program Agreement
between the Florida Department of Transportation and the City of Clearwater for the design and
construction of the Clearwater Beach West Bridge/Spur Connector.
- The original LAP Agreement including $479,000 for the bridge design phase only, was first
time supplemented on July 22, 2002, to add the construction phase of the project. LAP
Supplement No.1 included $3,006,562, of which $2,405,250 was for construction and $601,312
for construction engineering and inspection (CEI) to add up to $3,485,562 in total federal
funding. LAP Amendment/Supplement No.2 approved on May 8, 2003, removed $210,775 from
the CEI phase and added it to the design phase as to fund additional design costs associated
with the preferred cable-stayed bridge alternative. The total federal funding of $3,485,562 has
been preserved, of which $390,537 is for CEI services and $689,775 for the cable-stayed bridge
design.
- On November 12, 2003, Pinellas MPO & FDOT approved a supplemental CMAQ fund in the
amount of $668,200 for additional design and construction costs for the relocation of conflicting
utilities, of which $600,000 is for construction and $68,200 for the design phase. This LAP
Supplement No.3 increases the total federal funding to $4,153,762.
- This project is funded 100% by federal CMAQ funds which are administered through FDOT.
- The construction phase will be delayed until FDOT 2004 FY, due to the additional cable-stayed
bridge and subaqueous utility relocation design. Consequently, the expiration date of the initial
LAP Agreement was extended to December 31, 2005.
- A copy of the LAP Supplemental Agreement No.3 is available for review in the Official Records
and Legislative Services.
Oriqinating: Engineering
Section Consent Agenda
Cateqory: Construction Contracts - Public Works
Originating
Number of electronic documents 2
attached:
Public Hearing: No
Financial Information:
~ Other
~ Clearwater
u:~~~~~
~~~
Bid Required? Yes
Bid Numbers: TBD
In Current Year Budget)
Yes
Budget Adiustment:
Yes
C it Y Com m is s ion
Agenda Cover Memorandum
Budget Adiustment Comments:
Additional federal funding for existing utility relocation project.
Appropriations Code
315-92340-561200-541-000
Review Approval
Michael Ouillen
Rrv i'm R IIff
Cvndie Goudeau
Garrv Brumback
Amount
$4,153,762.00
Appropriations Comment
Increased with $668,200 for utility
relocation project.
12-04-2003
12-29-2003
01-06-2004
12-31-2003
17:05: 12
12:27:19
16:57:02
07:39:13
~: ?W~
f6 '. .:H'o
SUPPLEMENT NO.3 STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION FIN NO. 4065391 5801
LOCAL AGENCY PROGRAM
SUPPLEMENTAL CONTRACT NO. Al915
AGREEMENT
PROJECT DESCRIPTION
The CITY OF CLEARWATER and the FLORIDA DEPARTMENT OF TRANSPORTATION desire to supplement the Agreement
Entered into and executed on NOVEMBER 13, 2000, as identified above and first supplemented on July 22, 2002, and supplemented
for a second time on May 8, 2003. All provisions in the basic Agreement remain in effect except as expressly modified by this
Supplement. The changes to the Agreement are described as follows:
Name: CLEARWATER BEACH WEST BRIDGE SPUR CONNECTOR
Length: APPROXIMATELY 320 FEET
Termini: MAINLAND CLEARWATER ACROSS MANDALAY CHANNEL TO CLEARWATER BEACHSIDE
Description of Work: CONSTRUCT PEDESTRIAN BRIDGE PARALLEL TO EXISTING ROADWAY BRIDGE (#43) OVER THE
MANDALA Y CHANNEL
Reason for Supplement: Increased Design and Construction costs due to a utility relocation, which is necessary to complete the
project.
TYPE OF WORK FUNDING
(1) (2) (3) (4) (5)
PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL
PROJECT FUNDS PROJECT TOTAL PROJECT AGENCY FUNDS FEDERAL FUNDS
FUNDS FUNDS
P.E. a. Agency Work $ 689.775 $ 68.200 $ 757.975 $ 757.975
b. Other
c. State Services
d. Total PE Cost (a+b+c) $ 689,775 $ 68,200 $ 757,975 $ 757,975
Right-of-Way
e. Agency Work
f. Other
g. State Services
h. Total RIW Cost (e+f+g)
Construction
i. Contract $ 2.795.787 $ 600.000 $ 3.395.787 $ 3.395.787
j. Other
k. Other
I. Other
m. Total Contract Costs
(i+j+k+l) $ 2,795,787 $ 600,000 $ 3,395,787 $ 3,395,787
Construction Engineering
n. Agency
o. Other
p. State Forces
q. Total Construction
Engineering (n+o+p)
r. Total Construction Cost $ 2,795,787 $ 600,000 $ 3,395,787 $ 3,395,787
(m+q)
s. TOTAL COST OF $ 3,485,562 $ 668,200 $ 4,153,762 $ 4,153,762
PROJECT (d+h+r)
Clearwater Beach West Bridge/Spur Connector
406539 1
LAP Amendment #3
City of Clearw~ter
IN WITNESS WHEREOF, the parties have caused these presents to be executed this _ day of
.2004.
CITY OF CLEARWATER
STATE OF FLORIDA
FLORIDA DEPARTMENT OF TRANSPORTATION
WILLIAM B. HORNE, II
CITY MANAGER
DONALD J. SKELTON, P.E.
DIRECTOR OF PLANNING/PRODUCTION
COUNTER-SIGNED
BRIAN J. AUNGST
MAYOR-COMMISSIONER
ATTEST
CYNTHIA E. GOUDEAU
CITY CLERK
APPROVED AS TO FORM:
APPROVED AS TO FORM, LEGALITY
A TIORNEY
DEPARTMENT OF TRANSPORTATION
See attached Encumbrance Form for date of funding approval by Comptroller.
~
2{,
~Clearwater '
C it Y Com m is s ion
Agenda Cover Memorandum
PL05
v~~~
Tracking Number: 351
Actual Date: 01/15/2004
Subiect I Recommendation:
Award a contract for the PALMETTO STREET DRAINAGE IMPROVEMENTS (02-0031-EN) to MTM
Contractors, Inc. of St. Petersburg, Florida for the sum of $1,993,197.15 which is the lowest
responsible bid received in accordance with the plans and specifications,
Summary:
The work proposed in this contract includes work along Palmetto Street between Palm Terrace
and Stevenson Creek and Palmetto Street between Highland Avenue and Stevenson Creek.
The primary purpose of this project is to provide flood protection for two collector roads, two
residential streets and two residential homes. In addition, the project will alleviate yard flooding
for twelve (12) residential properties and reduce the rate of ditch bank erosion in Stevenson
Creek.
The work to be performed will include the construction of 1,900 feet of 54-inch reinforced
concrete storm sewer pipe and the replacement of 2,500 feet of a 20-inch concrete potable
water line with 20-inch ductile iron pipe.
The work will also include replacement of curb inlets and the reconstruction of Palmetto Street.
This project will commence after award and execution of the contract and will be completed in
270 calendar days.
Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to reimburse
certain stormwater project costs incurred with future tax-exempt financing. The projects
identified with 2004 revenue bonds as a funding source were included in the project list
associated with Resolution 02-51.
Sufficient budget for interim financing or funding with 2004 Stormwater Revenue Bond proceeds
when issued is available in project 357-96124, Storm Pipe System Improvements, for
$672,796.63 of this contract.
Sufficient budget and revenue are available in the 99 Stormwater Bond Construction Fund
project, 375-96124, for $4,008.92 of this contract. For the $680,273.76 balance of the
Stormwater portion of this contract there is sufficient budget and revenue bond proceeds
available in the 02 Storm water Bond Construction Fund project, 377-96124.
Sufficient budget and utility renewal & replacement revenue are available in the CIP Fund
project, 315-96741, System R & R - Capitalized to fund the $636,117.84 water division portion
of this contract.
A co
py of the contract is available for review in the Official Records and Legislative Services office.
Oriqinatinq: Engineering
Section Consent Agenda
Cateqory: Agreements/Contracts - with cost
C it Y Com m is s ion
~Clearwater
c~
~o'""'V
Agenda Cover Memorandum
User Department: Budget Office
Financial Information:
~ Capital Expenditure
Appropriations Code
315-96741-563800-533-000
357-96124-563700-539-000
375-96124-563700-539-000
377-96124-563700-539-000
Review Approval
Michael Ouillen
Brvi'ln Rllff
Tina Wilson
Cvndie Goudeau
Amount
$636,117.84
$672,796.63
$4,008.92
$680,273.76
Appropriations Comment
12-15-2003
12-19-2003
12-15-2003
01-06-2004
15:34:24
15:20:31
16:09:43
16:54:36
pw 7
'J-?s.
~Clearwater j
0~1
City Com mission
Agenda Cover Memorandum
Trackinq Number: 380
Actual Date: 01/15/2004
Subiect I Recommendation:
Approve the final plat for "BELLEAIR COMMONS SUBDIVISION", located on the north side of
Belleair Road approximately 1/4 mile west of U.S. Highway 19 North,
Summary:
.This plat will create 10 detached single family lot from a previously unplatted 1.7669 acre
parcel of land lying along the west side of the Progress Energy right-of-way.
.The preliminary plat for Belleair Commons Subdivision was approved by the Development
Review Committee on August 14, 2003.
.A copy of the plat is available for review in the Official Records and Legislative Services office.
Originating: Engineering
Section Consent Agenda
Category: Plat Files
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing: No
1
Financial Information:
Review Approval
Michael Ouillen
12-19-2003
09:49:58
Garrv Brumback
12-31-2003
07:41:00
Frank Gerlock
12-24-2003
13:56:25
Bill Horne
01-05- 2004
12:33:22
LoeA TION MAP
Scale 1"=200'
NORTH
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C.R.464
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lr~mlP~
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Proposed Belleair
Commons Subdivision
lcalrg](Q)
City of Clearwater, Florida
Public Works Administration/Engineering
a e City of Clearwater n
12/18/03 Final Subdivision Plat 317B
eel
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S.D.
BELLEAIR COMMONS
SUBDIVISION
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11.
PLD fo
City Commission
Agenda Cover Memorandum
Tracking Number: 374
Actual Date: 01/15/2004
Subject / Recommendation:
Receive and File the Annual Report of Beach by Design Hotel Room Density Pool.
Summary:
In order to stimulate catalytic resort development, the City Commission approved Beach by
Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan
established a limited pool of 600 additional hotel rooms to be used within three (3) specific
areas of Clearwater Beach for a period of five (5) years.
The City of Clearwater did not receive any requests for the use of the density pool units
established in Beach by Design during 2003. To date only one transfer has been approved
since the approval of Beach by Design in 2001. On March 1, 2001, the City of Clearwater
approved the use of 184 hotel rooms from the 600-hotel room density pool for a resort hotel
located at 229/301 South Gulfview Boulevard. This project is known as the Marriott Seashell
Resort. No construction is underway on this site.
A total of 416 hotel rooms are still available from the density pool that can be used within the
priority redevelopment sites. The pool use provision will expire in June 2006.
Originating: Planning
Section Consent Agenda
Category: Code Amendments - All
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing: Yes
o
Advertised
Dates:
12/01/2003
Financial Information:
Review Approval
Leslie Douaall-Sides
12-19-2003
15:03:56
Garrv Brumback
12-31-2003
07:42:45
CVndie Goudeau
01-06-2004
15: 13: 19
Bill Horne
01-05-2004
12:31:34
pLDl
3/).
~ ~learwater C it Y Com m i s s ion
u~~~ Age n d a Co v e r Me m 0 ran dum
Trackinq Number: 375 Actual Date: 01/15/2004
Subiect I Recommendation:
Review Annual Report of Transfer of Development Rights (TDRs) Pursuant to Reporting
Requirement of Community Development Code. Motion: Receive and File Annual Report for
2003.
Summary:
Pursuant to Community Development Code Section 4-1403(H), a record of transfer of
development rights must be maintained and reported annually to the City Commission and the
Pinellas Planning Council.
The City of Clearwater approved two requests for transfers of development rights during 2003.
On September 16, 2003, the Community Development Board approved TDR2003-06003 for the
transfer of three (3) development rights from the sending site located at 130 Brightwater Drive
to the receiving site located at 205 Brightwater Drive. As a condition of the Development Order,
the required Special Warranty Deed specifying the number of dwelling units being conveyed or
sold from the sending site and being transferred to this receiving site must be recorded with
Pinellas County prior to the issuance of any permits for this project. The sending site was the
Brightwater Cove Townhomes project at 130 Brightwater Drive and the receiving site was the
Brightwater Pointe condominium project. No permits have been issued for the development of
this site.
On October 21, 2003, the Community Development Board approved TDR2003-08004 for the
transfer of nine (9) development rights from the sending sites located at 130 Brightwater Drive
(three units), 145 Brightwater Drive (five units) and 620 Bayway Boulevard (one unit) to the
receiving site located at 514 South Gulfview Boulevard. As a condition of the Development
Order, the required Special Warranty Deed specifying the number of dwelling units being
conveyed or sold from each of the sending sites and being transferred to this site must be
recorded with Pinellas County prior to the issuance of any permits for this project. The sending
sites were Brightwater Cove townhome project at 130 Brightwater Drive, the Paradise Cove
town home project at 145 Brightwater Drive and the Moorings 1 town home project at 620
Bayway Boulevard and the receiving site was the Harborview Grande condominium project.
No permits have been issued for the development of this site.
The sending site at 620 Bayway Boulevard has two (2) units remaining as excess development
potential. The sending sites at 130 Brightwater Drive and 145 Brightwater Drive have no excess
development potential remaining.
Oriqinatinq: Planning
Section Consent Agenda
Cateoorv: Annexations, Land Use Plan and Zoning
User Department: Budget Office
Number of electronic documents
attached:
Public Hearinq: Yes
1
~ Clearwater
Advertised
Dates:
C it Y Com m is s ion
Agenda Cover Memorandum
12/01/2003
Fin;lnr.i;lllnform;ltion:
Review Approval
Leslie Douaall-Sides
Garrv Brumback
C:vnrJip GOIJrJpalJ
Bill Hornp
12-19-2003
12-31-2003
01-06-2004
01-05-2004
15:02:18
07:44:04
15:11:12
12:30:46
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~ Clearwater
u
Appointment Worksheet
For Commission Meeting 01/15/2004
Agenda Number: 2,407
Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
RESIDENCY REQUIREMENT See Special Qualifications field
FINANCIAL DISCLOSURE: TBD
STAFF LIAISON: Parks & Recreation/Margo Walbolt
MEMBERS: 5
CHAIRPERSON TBD
MEETING DATES: No less often than quarterly
MEETING PLACE: TBD
APPTS. NEEDED: 5
SPECIAL QUALIFICATIONS one member of the city Commission and a representative of the
Clearwater Sister Cities Inc. will be required to reside within the
city. Representatives of the local business community, the
School Board's World Language Coordinator or designee, and the
Clearwater Arts Foundations shall not be required to reside
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Term Expires: 12/31/2007
Name
Appointment Date Attendance Record
Reappointment?
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES
Name-Address
(City Commission member)
Comments - Related EXDerience. Etc.
(City Commission member - TBD)
Linda S. Damsky Educator
212 Grove Circle North, Dunedin, FL 34698
Robert A. Freedman CEO/Ruth Eckerd Hall
1612 Farrier Trail, 33765
Richard Wisemiller
Teacher
1582 Gulf Blvd.. #1206. 33767
C.E. Snedeker
670 Island Wav #1003.33767
Self-Employed
11/lU/~UUJ Ul:JU rAA 7275ijij6516
P IN~LLAS SCHUUL MAGNt:r
IgJUU2
,. ~"J
......>,.,;.-
-,- -,~-'
./
r
CITY OF CLEARWATER" APPUCA TION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Li.n:la s. I:msky
Home Address:
21.2 Gtove Giz:cle r-brth
Zip .:t.693
Office Address:
fuit:1lh. Fiur:.il1
l"n t...th <::;h-P.oor qJ
largo, Fl..ffi1D\
Telephone:
Zip
Telephone:
How long a resident of Clearwater?
Occupation: Edn:~.<ltor
Field of Education:
W:Jrld ~
Employer: ~h-nl Eoeni of PiJ-plJ,q,c:: Call1ty
Other Work Experience:
If retired, former occupation:
Community Activities: Volmteer- Jazz Festival, D.n5din Art Harvast, Sister Cities, Taste of Cl~ter'
c:La3n.at.er-Nagpro ~
Other Interests:
Board SeNice (current and past):
Oearw3.ter Sister Cities
Board Preference:
Additional Comments:
I l'ave caJtdi.mterl ~ CJ..een..at.er Negaro E'dJ:aticra1 ~ Pi..~all for tie
Signe
Pi n:> 11 rl<; en nty .c:c}yy., 1 ~t,::m f~ n )'P""""" T t't=Jb 11 F=rl .<Ie: .<1 '.In lmtPPr tn ~ wi t-n 0 PI'f1'W'l tee
Sister:' Cities fat:" tb3 Olyrrpics arrl tJ::a.ire:j tiE camurri..ty 1l~lIb~ in Cl.emwater as t-;ell as wrote
an ins t.i..cml cross tural rran.al.
Date: N:JJad::er 6, 2Cill
See attached list for boards that requir nancial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
1111 U 1 ~ U U J U 1 : J U l'A.\. n 7 5 /HstS 51 IS
l:~:"?-,,;""
r~'
t'lN~LLA::; ::;CHUUL MAliNbT
tm UUJ
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Collib:n:ate to p1m c.dl=sive ~Gllb to caltiru: to SUH;Drt tl'e CJ..e:m..ateL Nagam Sister City
relat:i.!n:hip.
2_ Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
I have o1::saved a CD1l1IissicXl [lB;!tirg in pets:rI am Ctl 'l V .
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
I l~ I.UJLUlalLW Ut:: ~W:ll.t:l; ~1J F1'o',;;11 ;1,Ar;U, ~t:lIo~ 1.-''-''''61.&'1 fur ~ Ch:lAt:y
S;h:x:>ls foe 13 yean;- I ~ ttairEd tl'e Sister City ~lmtm:s \In ttavel.le:l to fre N3garo
0l)'ffpi:c.3. Jhiv--e t::rBinErl ox ~~~ ad oh-vb:i'.ln ~ to N-:-g-'"'" 00 .",...l,...."Jri,..,.".l eXJ:bargas.
I have writterJ trainirg rIBrJ.Jals for this edJ:ati<ml ~~. ~ gtaiJate degra:
,.~ ;.......in A..~M Rili'1?}p] Frilrs:lti..., ~ T ".." ~ rrRc;rJ<ll'" ~~i~ fer t~i~ Erglish as a
Foreign ~.
4. Why do you want to serve on this Board?
I ~ -'\ VJ:l!::rtCrl inrPl"'Pc;r pmf@~~c:;imally arrl p;>.n:xnllly in N9tPr0. I first visite::i in 1937 as
an ~ t:.ea.::ter arri have cmtirurl to te a::.tively .irMJlvgj in the !Jl:vbl:~1I in a leocErsip
role. ~ irde.ol:h urderst.an:lin<. of the culture, ~ arrl CXIIIIUlity nekes l1E a very
d:dicat.ed JE:SXl in prrnntirg tte ci:ntiru:d re1aticnshi.p teba3:1 fre tw:l CJ.ues.
Sent By: RUTH ECKERD HALL;
7277245976 ;
13 Nov 03 11 :40AMjJob 124;page 1/2
CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
K .. \0,.... -+ ~. Fr Lc....J "" .......
Name:
Home Address:
I t..1 ~ f'. ..-,.:., -4."- J r-Q , I
Office Address
do (lv"1\' i.... I<..r...J I4c II 1/11 (I1r..(I1vUtn Ba..'t\n,
J
c.\<-lr~..-.k..l' FL 21033)'\ C_.IC.I-y"'W_~~C"". PL Zip 33)S'<}
Telephone: (-? 2-.,) ') I Z- - e d I 0 Telephone: (7 2."; ') 112.- i"7 0 <f
How long a resident of Clearwater? S Y ~ "~.J
Occupation: C. (.0 I (t...~ ~ c-k~.....l ~...I \
Field of Education:
-n<.... 4-.--r-
Employer: 'J::'f\c1, ' nlC ./t1v'f1.. €dt:._J ~"J
Other Work Experience:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
C. \ OLALC'" v.J .. ~""~ A -'4 ~ t: ~..r".1 .....f. . ..I....
Board Preference:
C;;; i s4-r c.., {. '1 A J.- ,,: ..t ~t' '1 ~ 0 ~....J
Additional Comments:
Signed:
~.F~
Date:
1I1<..t/J 3.
See attached list for boards that require Financial Disclosure at time of appointment
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748. Clearwater. FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
Depl.
Fax
1-'-I8J~
Sent By: RUTH ECKERD HALLj
7277245976;
13 Nov 03 11 :41AMjJob 124jPage 2/2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
,~
~J,v',c.
-t"-.. Co... 4 'r C~.___ """ oS; I . ,)."" ,..~.. ,-J. . _ ......:L-
~... 4- M \1" h-:\'" ,;'M J::>&l..... + ~ ~::P.-.~ ~......" 1I'~
...t::.~ n "..J P
... "r-.a... ...::..~ h r ......... "t" ."....... ,..~r... ~
?....,~4'"..,..., l .s.J:~.s
o C- ~.. ,,(,...,~~"""'"".....,..
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
No
3 What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
'O....~.~.. G..1r"t'--\...J n, J
Pa..-.\s. f''=o....... .....-4 \ r.......
1"""t.. 7 ~.R '-!"'-! ~ .J. ,~ CD (:. c..\._~....... "'~'<r'"
4. Why do you want to serve on this Board?
\' ~ :':''IT"'-l toY- + C-.\..<"I """" ...~,... Q r-..\.I' t:......_ ~..."'\~........ .... Q
S. .\..... --- ) I I'- -h.,......J 4- ~ T\ .1.:- ~ ~ _~_..'. ~ ~ l4v "'"'-
N Q.. 0 \v- yo 4- f"\ C' - ~ c... I ........
ame: ~ . ,.... ,., ,...... ....
Board Name: S d' \" -- c.... -\- , A-J. \J' I...,.. 7 B 0 "-r-"
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
R~iar/ the/J?///er
Home Address:
1c5"8:2 0ut,P BtllD -!fIt-of::,
tterJJ\uJo-hr )::'"L Zip 33-:;{..1-
Telephone: '12if -1'1~-7'28
Office Address:
~loC:l... '^C\.\~"-- S\:.t~*
~J\e~\...., Zip 3%q~
-;2 -:; - tit, q - '1/ J l.
How long a resident of Clearwater?
Occupation: ~ e.a..~\.a..,
Field of Education: \
f.l e rt'. erd...c...1' '-' Ed \)(~.A... "-'c'\. ~ /l
~
Telephone:
20~QI'~
Employer: ~I /\pe..l\.~~ ~ t\-~ &LLS
Other Work Experience: I
0. . S. ~t::>N\..e
If retired, former occupation:
Community Activities: G('e.s\~lt.tt $(Al.l\.t C?e-k 1;",.\~ Q\.-J~ . "
DrY'lA0....,- ~x .~ocv~ ~0::\ A CP('e~::d~A S ,s{~r c..;t,'e~
Other Interests: '~t' I j,~.
Board Service (current and~st): Board Preference:
Additional Comments:
"Signed:~
{f
Date:
1t/;/k5
, /
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding ofthe board's duties and responsibilities?
~~
h€-~ ~ \J. \ \~ f'< \a~\o^- 5l..~ ~
~\~~<t.r ~ ~,
\
II)d1.
--
bu r-
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
~s-
s~~ 0:\
~~ ~~~:t\()
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Y('es\~'"\ ~ \~{~I'
S~ \" ^"'~ -\;"",L>c
c.~
KJc: ~ feO, ~)"'- ~^
4. Why do you want to serve on this Board?
.-ro Mr> bu'/cP kr.1Ier v,.,JN"-j."~l,:,'1_1.~,,,, <>-ll
I ~\C-~S. ~..~.
"\ ""'-' " '" ~ c:tt'"'j - :';, ,,,,.l,~ c-_~ - .5,- l.<>o\ b OCd'C>\
Name:]? '~\.~l'~ \0\ ~ ~~~ \~.,
Board Name: S\ c.~ U -h..t~\J \S(,y~ .BocAct
12- 5-03; 9:50A~A;PARKS arld RECREATION
;7275624825
# 2/ 3
.
Dee 04 03 02:38p
c. E. Snedeker
727-447-26~CE'VED
DEe 05 2003
p.2
OFFICIAL RECORDS AND
LEGISlATIVE SRVCS DEPT
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
/:7. .iJ (must be Clearwater resident)
Name: ~ r? c)-~-7
Home Address: \.' Office Address:
- ~7b~~d W!t -u.1~~? /de n rnV?:--'<:y..u~ ~
e4..,~ '< - 00, j Zip?,.. 7.67 r-xe..a--. ,<,&6- '-+<'.. Zi~ so;:" -J.r
Telephone:,,! T-? -' I...( 42- / 66k'/ Telephone: 9--"2.,/ -l.-J 4~ -,,-/ ~'3
HOWIOngareSidentofclearwater?{~, ) "1'1-/, ,~~
occupalion:&fj p~~ Employer: (f/.t:.._ ~<;~
Field of Education: ~. Other Work Experience:
~. ~ ., ,S<, ~~o/ -=-
~u<:- ~ r-r-J
~"L-
If retired, former occupation:
co~ ~ ~ d~j/l O~2
Other Interests:
Board Service (current and past): Board Preference:
R~ Z-4~--J
c?:: -;~ffL;!:;L-;~
Additional Comments: (.La {~ ~..:.._ .----.-L./...--.c>-=--.
Signed: ~ ~--L-,L_ Date: I Z - 0'1- -c>l
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
t~
I
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~
I
~
~
L~~
::~.
12-
s-u~; 9:50AM;PARKS and RECREATION
C. E. Snedeker
;7275624825
Dee
04' 03 02:38p
727-447-2656
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~~- cf?'~,
t~~ ~~
~~~^~
tI
~
r? 4 L'J
~
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
!1-0
3. What background and/or qualifications do you have that you feel would qualify you to
serv~ this Boa~d?
j~~ f) _R~__
~~~~~ ~-'~/--r~~~
4. iJ:;~I~oa~ k~
d (~-;;----. - ~~/\ ~-<-a~
N~.~
Board Name:' ,'~
# 3/
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CAI
~ Clearwater.
C it Y Com m is s ion
Agenda Cover Memorandum
Trackinq Number: 391
Actual Date: 01/15/2004
Subiect / Recommendation:
Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida General
Partnership, conveying any interest the City may have to the Sea Captain property located at 40
Devon Street, Clearwater Beach, Florida 34360 and authorize the appropriate officials to execute
same.
Summary:
For many years there has been a question as to the ownership of some of the upland property in
the southwest corner of the Clearwater City Marina (or Water Lot 1). The history regarding the
conveyances of the property, in relevant part, is as follows. In 1951, the City of CLearwater
owned a portion of the subject property, specifically, the portion that is now known as the Sea
Captain Motel. The City conveyed its interest via Quit Claim Deed, (as recorded in O.R. Book
1324, Page 409), in 1951. The conveyance passed any interest the City had" . . . to the
existing high water mark in Clearwater Harbor. . . together with all riparian rights thereunto
appertaining ."
At some time in 1957, the then-owner of the Sea Captain Motel built a seawall on the north side
of the property (abutting the water). Part of the confusion regarding the upland property
boundary centers around reconciling where the seawall was built relative to where the high
water mark existed at the time of the City's conveyance (which would have been the northern
boundary of the property conveyed by the City). Any discrepency between the existing seawall
and the boundary at the time of the City's conveyance would create a "gap" in legal title on the
Sea Captain's northern side. Any filled land behind the seawall which exceeds the northern
property boundary, as conveyed by the City, would be filled state sovereign submerged land. In
any event, the City conveyed any interest it had in 1951.
Florida Statute provides a process for a property owner to secure title to filled sovereign
submerged lands through an administrative filing with the State. Upon approval, the State
provides proof of legal title for recording to the appealing owner. Harry Cline, Esq. has
approached the City requesting that the City execute a Quit Claim Deed in favor of his client, Mr.
Eifert, owner of the Sea Captain, as a first step to clearing
title through the referenced process.
With Commission approval, the City would Quit Claim title to the same interest it conveyed in
1951, (which is the only interest it ever had), along with filled sovereign submerged lands, if
any, which the owner is entitled to under the Florida Statute.
Originating: City Attorney
Section Consent Agenda
Category: Other
User Department: Budget Office
Number of electronic documents
attached:
Public Hearinq: No
o
~ Glearwater
;:, ~..:8'~;~~:B::;:
~'-.:."'-~;./.""-,,
Financiallnfnrmation:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contractl
n/a
In Current Year Budget?
No
Budqet Adjustment:
No
Review Approval
Laura Lioowski
P<lm Akin
C it Y Com m is s ion
Agenda Cover Memorandum
01-06-2004
01-06-2004
16:02:09
16:05:31
Re!, 3)..
~: cl\ \
Prepared by and Return to:
Laura Lipowski, Esquire
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
QUITCLAIM DEED
THIS QUIT CLAIM DEED, Executed this
day of January, 2004, by the
CITY OF CLEARWATER, FLORIDA
a Florida Municipal Corporation
whose post office address is City Clerk's Office, P. O. Box 4748, Clearwater, Florida
33758-4748, first party, to
SEA CAPTAIN, a Florida general partnership,
whose post office address is 1433 Court Street, Clearwater, Florida 33756, second party:
(Wherever used herein the terms ''first party" and "second party" shall include singular and plural, heirs, legal representatives, and
assigns of individuals, and successors and assigns of corporations, whatever the context so admits or requires.)
WITNESSETH, That the said first party, for and in consideration of the sum of $10.00 in
hand paid by the said second party, the receipt whereof is hereby acknowledged, does
hereby remise, release and quit-claim unto the said second party forever, all the right,
title, interest, claim and demand which the said first party has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Pinellas,
State of Florida, to wit:
See attached Exhibit" A"
TO HAVE AND TO HOLD the same together will all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the said first party, either in law or equity, to the only
proper use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the CITY OF CLEARWATER, FLORIDA has caused these
presents to be executed in its name by its City Manager, countersigned by its Mayor
Commissioner, attested by its City Clerk, and approved as to form by its Office of the City
Attorney, and its corporate seal to be hereunto affixed, the day and year first above
written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
William B. Home, II
Interim City Manager
Attest:
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
: 55
BEFORE ME personally appeared Brian J. Aungst, the Mayor-Commissioner of
the City of Clearwater, Florida, who acknowledged that he executed the foregoing
instrument. He is personally known to me and did not take an oath.
WITNESS my hand and official seal this
day of
,2004.
Notary Public
PrintlType Name:
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
BEFORE ME personally appeared William B. Horne, II, the City Manager of the
City of Clearwater, Florida, who acknowledged that he executed the foregoing instrument.
He is personally known to me and did not take an oath.
WITNESS my hand and official seal this _ day of
Notary Public
PrintfType Name:
Approved as to form:
Laura Lipowski
Assistant City Attorney
,2004.
UPLANDDESCRIP710N
TT-IE F'OLLOMNC IS A DESCRIPTlON OF TT-IE UPLANDS L'tINC 8ETU€EH TT-IE EXlSTlNG SEAWALL AND TT-IE DEED DESCRI8ED BOUNDARY liNES
BEGIN AT lHE SW CORNER OF WAlER LOT 1 OF aTYPARK SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 37, PUBUC
RECORDS OF' f>INEL.1..AS COUNTY, F1.ORIDA, AND RUN lHENCE v.f:ST ALONG lHE EAST AND WEST CENlER UNE OF SECTION 8,
TO~SHIP 29 SOUlH. RANGE 15 EAST, 15 FEET TO lHE EASTERLY UNE Of' CORONADO DRIVE; lHENCE S.OS'32'30"W.,116.26 FEET
TO lHE'NORlHERLY UNE OF ARST AVENUE; 'THENCE s.84'27'30"E... 100.00 FEET AlONG lHE NORTHERLY UNE OF FlRST AVENUE;
ANDlHE POINT OF BEGINNING OF "THE UPlAND DESCRIM1ON~ .
lHENCE N.05'~2'30"W., 178.84 FEET TO A POINT .ON 'THE SEAWALl,. SAID POINT ALSO BEI.NG POINT "A" FOR THE SUBMERGED LAND DESCRIPTION;
lHENCE RUNNING WITH THE SEAWAlL lHE FOLLOWING COURSESI S.8J'42'47"E.,78.40 FEET; lliENCE ALONG 11iE ARC Of' A CURVE TO lHE RIGHT
HAVING A RAClIUS Of' 159.25 FEET, A DELTA OF' 36'34'54", ARC OF 101.68 FEET, A CHORD OF 99.96 FEET, BEARING S.65"2-5'20"E.;
lHENCE S.4-'7'C7'S3'"E.. 12.96 FEET; 'THENCE ALONG A CURVE TO lHE RIQiT HAVING A .RADIUS OF 116.10 FEET, A DELTA OF t6"50"3"
ARC OF 34.:12 fttT.. CHORD OF 33.9V FEET, BEA~ING S.38'42'48"E.' 11iENCE ~JO'T39"E.,107.53 FEET; THENCE ALONG- A CURVE
TO THE RIGHT HAVING ^ RADIUS OF 52.45 FEET, A DaTA OF B'251'4.~ ARC OF 7.71 FEET, A. CHORD OF 7.70 FEET. BEARING S.26'05'03"E.
TO 'THE INTER;>'ECTION OF lHE NORlli PROPERTY UNEOf' SAID lOT 2; tHENcE I..EA~NG SAID SEAWALL NON TANGENT TO 'THE PREVIOUS
COURSE RUN ALONG THE NOR'TH UNE OF LOT 2 N,84'27'30.W. A DISTANCE: Of' 104.21 FEET TO A POINT; l'HENCERUN S.70'27'50"'W.
A OlSTANCEC'F 45,94 fEET TO A POINT OFINTERSECllON WllH 'THE NORlHERLY RIGHT-OF-WAY UNE OF FIRST AVENUE; THENCE ALONG SAIO
RlGHT OF WAY UNE A DISTANCE OF 128.00 FEET N. 84'2'tJO-W. TO 'THE POINT OF BEGINNING.
3?J.
CAd.
~alearwater
~ :a~i;~:~~~~"*8
G it Y Com m is s ion
Agenda Cover Memorandum
Tracking Number: 370
Actual Date: 01/15/2004
Subject I Recommendation:
Authorize the City Attorney to allocate up to an additional $31,000 in the defense of the City and
James Wood in the case of Palisano v. City, for a total amount of $206,000.
Summary:
The City of Clearwater was served with alawsuit alleging that Ms. Palisano's civil rights were
violated.
The City Attorney has assigned defense of this lawsuitas it pertains to the City and James
Wood to the law firm of Thompson Sizemore & Gonzalez. The initial budget was estimated at
$40,000 for defense of this case. Additional allocations of $40,000 were approved in November
2002 and February 2003, and an additional allocation of $50,000 was approved in May 2003.
The case went to trial in November 2003, andthe jury returned a verdict in favor of the City
after a trial that lasted 6 days.
We have received an invoice for the trialin the amount of $37, 430.19, and wecurrently
have $9422.28 available in the Purchase Order for this matter. It is estimated that any
additional invoices will be less than $3,000. Therefore, an additional $31,000.00 allocation to
this matter is necessary for the conclusion of this matter as it pertains to the City and James
Wood.
The funding of $31,000 will come outof the City Attorney's professional services budget.
Oriqinatinq: City Attorney
Section Consent Agenda
Category: Agreements/Contracts - with cost
User Deoartment: Budget Office
Number of electronic documents
attached:
Public Hearing: No
o
Financial Information:
~ Other
Bid Reauired? No
Bid Exceotions:
Sole Source
~ Clearwater'
~ ;;8:~0:;;~&: j
..;:,/"'"",.....-.;.::.....,:;.r-,;,.,,~.
City Co m m issio n
Agenda Cover Memorandum
In Current Year Budget?
Yes
Budaet Adiustment:
No
Current Year Cost:
$50,000.00
Annual ODeratinq Cost:
$0.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$50,000.00
Not to Exceed:
$50,000.00
Appropriations Code
010-09600-530100-514-000
Amount
$50 ,000.00
Appropriations Comment
Review Approval
Pam Akin
12-18-2003
13:32:20
Tina Wilson
12-19-2003
09:36:40
3Y.
~Glearwater ·
City Co m m issio n
Clt~
Tracking Number: 371 Actual Date: 01/15/2004
Subject I Recommendation:
Authorize the City Attorney to allocate an additional $20,000 in the defense of Donald Brown in
the case of Palisano v. City, for a total amount of $80,000.
Summary:
The City of Clearwater was served with alawsuit alleging that Ms. Palisano's civil rights were
violated.
The City Attorney has assigned defense of this lawsuitas it pertains to Donald Brown to the
lawfirm of Glenn Rasmussen Fogarty & Hooker. The initial budget was estimated at $20,000 for
defense of this case. Additional allocations of $20,000 were made in November 2002 and April
2003.
After extremely extensive discovery, including a largenumber of witness depositions in this
case, the matter was tried in November 2003, and the jury returned a verdict for the City and
Mr. Brown after a 6 day trial.
The City Attorney's Office has received an invoicefor services at trial for $22,039.63, and
currently has $5,500.00 available for this matter. Any subsequent invoices are anticipated to be
minimal.
It is estimated that an additional $19,000 is necessaryfor the conclusion of this case as it
pertains to Donald Brown.
The funding of $19,000 will come outof the City Attorney's professional services budget.
Oriqinatinq: City Attorney
Section Consent Agenda
Cateqorv: Agreements/Contracts - with cost
User Deoartment: Budget Office
Number of electronic documents
attached:
Public Hearing: No
o
Financial Information:
~ Other
Bid Required? No
Bid Exceotions:
Sole Source
~ alearwater
c 83~~~~~~~::;:
'::..r".~....-",-.r'~,:-./'v.
In Current Year Budget?
Yes
Budget Adiustment:
No
Current Year Cost:
$20,000.00
Annual ODeratinq Cost:
$0.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$20,000.00
Not to Exceed:
$20,000.00
Appropriations Code
010-09600-530100-514-000
Review Approval
Pam Akin
Tina Wilson
C it Y Com m IS S Ion
Agenda Cover Memorandum
Amount
$20,000.00
Appropriations Comment
12-18-2003
12-18-2003
11:28:17
11:33:26
e.
~
OCAI
3CS
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date:
1-15-04
SUBJECl/RECOMMENDA liON:
Approve negotiated agreement settling the case of GEORGE CAT/A, Individually and MYRTLE CAT/A as
natural guardian of GEORGE CATIA v. CITY OF CLEARWATER, CASE NO: 03-6745-CI-15
..D and that the appropriate officials be authorized to execute same.
SUMMARY:
Plaintiff was crossing Cleveland Street, near its intersection with Myrtle Avenue, when a collision
occurred involving a City vehicle and a third-party vehicle. As a result of this collision, the City vehicle
veered into plaintiff, striking him and sending him airborne to the corner of the intersection. Plaintiff
was subsequently flown to Baytront Medical Center by "Bayflight."
Plaintiff was originally diagnosed as having suffered a concussion, scalp lacerations, traumatic
pancreaititis, and multiple trauma.
Plaintiffs present diagnoses include:
~ Post-traumatic headaches;
~ Bilateral Occipital neuralgia;
~ Post Concussive syndrome;
~ Post traumatic right knee;
~ Cervical, thoracic and lumbar strain.
His physician, a board certified neurologist, has rated the permanent physical impairment from injuries
received in the accident as follows:
~ Cervical injury - 4%
~ Thoracic injury - 2%
~ Lumbar injury - 4%
~ Greater occipital nerve - 2%
~ Mental status impairment - 2%
Plaintiff has incurred over $29,000.00 in medical bills to date and is expected to incur future medical
expenses of approximately $22,800.00.
The settlement agreement would provide that:
. The City would pay Mr. Catia the sum of $40,000.00.
. Mr. Catia would execute a full release of all claims, and his lawsuit would be dismissed with prejudice.
Reviewed M- Originating Dept:
Legal Info Tech NA Legal
Budget NA Public Works NA User Dept.
-
Purchasin NA DCM/ACM
g
Risk Mgmt NA Other NA Attachments
Costs
Total
Funding Source:
Captial Irrprovement
Current Fiscal Year
Operating
Other
Appropriation Code:
o None
Rev.
?ft.
~ Clean vater
City Com mission
05\
\)
Agenda Cover Memorandum
Tracking Number: 296
Actual Date: 01/15/2004
Subject I Recommendation:
Approve Resolution No. 04-01, to file a demolition lien for a total cost of $4,243.01 on the
property located at 1117 Tangerine Street; Legal Description: Greenwood Park No.2, Block D,
Lot 26 (Owners of record: Jeralne C. Burt & Sylvia R. Burt, 900 N. Betty Lane, Clearwater, FL
33755).
Summary:
On May 28, 2003, the CityL s Building Official found the residential structure located at 1117
Tangerine Street to be unsafe, unsanitary, unfit for human habitation, that it was dangerous and
detrimental to the health, safety, and general welfare of the community. The structure therefore
did not comply with the requirements of the Clearwater Unsafe Building Code. The property
owner was notified, however, the owner did not abate the unsafe conditions. After taking the
required legal steps, the City hired a contractor and the structure was demolished on August 14,
2003. The bill to the City for the demolition work was in the amount of $4,243.01.
Staff recommends approval of attached Resolution no. 04-01, which allows a lien to be placed on
the property in the amount of $4,243.01 for the costs incurred by the City after the owner failed
to abate a dangerous residential structure at 1117 Tangerine Street.
Oriqinating: Devel/Neighborhood Services
Section Other items on City M
Cateqory: Other
Number of electronic documents
attached:
1
Public Hearing: No
Financial Information:
~ Other
Review Approval
Jeff Kronschnabl
12-18-2003
10:25:30
RalDh Stone
01-07-2004
11:23:18
l.vnrlip. (;OIJ(1P.iHI
01-08-2004
11 :31 :21
Bill Horne
01-08-2004
11 :24:28
RESOLUTION NO. 04-01
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ASSESSING CERTAIN REAL PROPERTY LOCATED IN
GREENWOOD PARK NO.2, CLEARWATER, FLORIDA,
HAVING A POST OFFICE ADDRESS OF 1117 TANGERINE
STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE
PARTICULARLY HEREIN, IN TIffi AMOUNT OF $4,243.01
FOR THE COSTS INCURRED BY THE CITY ORDERING THE
OWNER TO ABATE A DANGEROUS STRUCTURE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard
Building Code, the Building Official determined that certain real property described herein and the
building situated thereon were unsafe, tUlsanitary, unfit for human habitation, and dangerous and
detrimental to the health, safety, and general welfare of the community, and did not comply with the
requirements of said Code before expenses were incurred; and
WHEREAS, the City of Clearwater and the owner have caused the abatement of the tUlsafe
building, and the City's costs of such work should now be assessed as a lien on behalf of the City of
Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Greenwood Park No.2 Block D, Lot 26
(parcel Number 10-29-15-33552-004-0260).
Owner of record:
Jeralne C. Burt & Sylvia R. Burt
900 N. Betty Lane
Clearwater, Florida 33755
and the City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
TOTAL DEMOLITION COSTS
(See Attachment "A")
$4,243.01
Resolution No. 04- 01
Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the
amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other
liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with
interest at a rate of ten percent (10%) per annwn.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property, and to record the same in the Public Records of Pinellas
County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2000
Attest:
Brian 1. Almgst
Mayor-Conunissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 04- 01
ATTACHMENT "A"
Resolution 04-01
(1117 Tangerine Street - Clearwater, Florida)
TASK
-
TIME
NALOL - (Pinellas COtmty Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOT AL HOURS
12
EXPENSES
AMOUNT
Twelve (12) hours @ $53.00 per hour
Film, developing, and prints
Certified Mail and regular postage
Title Search - Fidelity National Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal- Lang Engineering of Florida
Monitoring of Asbestos Removal -
Demolition (E.L. Trevena)
$636.00
27.88
4.13
75.00
N/A
N/A
N/A
3,500.00
TOT AL EXPENSES
$4,243.01
LIEN AMOUNT
$4,243.01
Resolution No. 04 - 01
3'7 .
DS2
~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
Tracking Number: 369
Actual Date: 01/15/2004
Subiect I Recommendation:
Pass on first reading Ordinance No. 7239-04, repealing the development impact fees.
Summary:
The development impact fee provisions are being repealed because they are no longer
necessary. A development is now assessed impact fees in other sections of the code, which
makes this fee redundant.
Since this fee appears in the Building Fees section of Appendix A, it does not involve the Land
Development Regulations or the Community Development Board.
Attached is ordinance no. 7239-04 for approval at first reading.
Originating: Devel/Neighborhood Services
Section Other items on City M
Category: Code Amendments - All
User Department: Budget Office
Number of electronic documents
attached:
Public Hearing:
1
Advertised
Dates:
Financial Information:
~ Other
Review Approval
Jeff Kronschnabl
12-18-2003
11 :04:03
RalDh Stone
12-22-2003
11: 29: 34
Lp.slif> DOIJOi'lIl-Sirlf>S
12-18-2003
11:09:04
Bill Horne
12-31-2003
08:58:50
ORDINANCE NO. 7239-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO DEVELOPMENT IMPACT FEES; REPEALING
COMMUNITY DEVELOPMENT CODE, APPENDIX A, SECTION
V., PROVISIONS IMPOSING DEVELOPMENT IMPACT FEES
FOR NEW RESIDENTIAL, COMMERCIAL, AND HOTEL/MOTEL
STRUCTURES AND FACILITIES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The "development impact fee" provisions appearing in the City of
Clearwater Community Development Code, Appendix A, Section V, as hereinafter set
forth, are hereby repealed and shall be of no further force and effect.
Appendix A. Schedule of Fees, Rates and Charges
V. Buildings and Building Regulations (Sec. 47.097):
*****
Development impact fees:
(1) For all new buildings and structures, the applicant shall at the time the
building permit is issued pay a development impact fee as follows:
(a) New residential structures, single-family, apartment,
condominium or mobile home, per
unit.................................................................. ..250.00
(b) New commercial structures, for each 2,500 square feet of floor
area or fraction thereof........................ .................. .250.00
(c) New commercial structures, for each 5,000 square feet of floor
area or fraction thereof...... . .. . .. ... .. . ... ... .. . ... ... ......... .250 .00
(d) New hotel or motel facilities:
1. Per
unit........................ ............ ...... ............... ..250.00
2. Commercial area other than units, for each 2,500
square feet of floor area or fraction thereof....... .250.00
* * * * *
Section 2. This ordinance shall take effect immediately upon adoption.
Ordinance No. -03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No.
~ Clearwater C it Y Com m i s s ion
~'~'--';:;'''''&~::V:::}..'' Age n d a C 0 v e r M e m 0 ran dum
::::r~'b~v~~~;"~
3~\
ED/ l-\5G 3
Trackinq Number: 379 Actual Date: 01/15/2004
Sl.lQj~_LLKt;:com.[TlendQtion :
Adopt Resolution 04-03 certifying that Religious Community Services, Inc. proposed project is
consistent with local plans and regulations and located within the City of Clearwater Enterprise
Zone # 5202,
Summary:
Religious Community Services, Inc. is applying for sponsorship under the Enterprise Zone
Community Contribution Tax Credit Program pursuant to Florida Statutes sections 212.08 5q,
220.183 and 624.5105.
To become an eligible sponsor, a resolution from the local government is required stating that
the qualifying proposed project is located in a State designated Enterprise Zone and is consistent
with local plans and regulations including the local government's adopted comprehensive plan.
The qualifying proposed project for this sponsorship is to purchase land and refurbish the
current Food Pantry facility located at 700 Druid Road. This project is vital to the surrounding
community. The RCS Food Pantry served more than 15,000 clients last year, primarily single
working mothers, their children and senior citizens. $1,800,000 worth of food was distributed.
The Community Contribution Tax Credit Program (CCTCP) allows any business in Florida to
receive a 50% credit on their Florida corporate income tax, insurance premium tax or sales tax
refund for donations made to local community development projects. Donations must be made
to an eligible sponsor conducting an approved community development project. The annual
amount of credit granted is limited to $200,000 per firm and $10,000,000 for the state. Once
the donation has been approved by the Office of Tourism, Trade and Economic Development, a
copy of the approval letter must be submitted with the state tax return.
Originating: Economic Development and Housing
Section Other items on City M
Cateqory: Other
User DeDartment: Budget Office
Public Hearing: No
Financial Information:
~ Other
Sid Required? No
Bid Exceptions:
Other
Other Contract?
No Cost
~ Clearwater
,;
C it Y Com m is s ion
Agenda Cover Memorandum
In Current Year Budget?
No
Budqet Adiustment:
No
Review Approval
Reain;:)ld Owens
12-19-2003
Brvan Ruff
12-31-2003
C:vnrlip C:;OIJrlP;:)IJ
01-06-2004
R;:)lnh Stone
01-06-2004
12:02:13
12:51 :34
16:56:23
10:00:57
RESOLUTION NO. 04-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CERTIFYING THAT RELIGIOUS COMMUNITY
SERVICES, INC. PROPOSED PROJECT IS CONSISTENT
WITH LOCAL PLANS AND REGULATIONS INCLUDING
COMPREHENSIVE PLANS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Religious Community Services, Inc. is purchasing land and
refurbishing the current food pantry facility located at 700 Druid Road and is applying for
Community Contribution Tax Credit pursuant to Florida Statutes (sections 212.08 (5) (q),
220.183 and 624.5105); and
WHEREAS, said Religious Community Services, Inc. facility is located within the
City of Clearwater Enterprise Zone established by Resolution 98-28 adopted on August
20, 1998; and
WHEREAS, Religious Community Services, Inc. has requested the City to certify
that the proposed project is consistent with its local plans and regulations including
comprehensive plans and the City Commission finds it desirable to make this certification;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater hereby certifies that
the Religious Community Services, Inc. proposed project is within the City of Clearwater
Enterprise Zone and is consistent with the City's local plans and regulations including
comprehensive plans.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2004.
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
Attest:
-t);ih1.
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 04-03
PRI
!/1.
~ Clearwater
C it Y Com m is s ion
~ :;0~%~::?S~:;
Agenda Cover Memorandum
Trackinq Number: 381
Actual Date: 01/15/2004
Subiect I Recommendation:
Approve Parks and Recreation Board recommendation naming City property located within Court
Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to
the east, Prospect Lake Park.
Summary:
The Town Lake project developed an existing pond and enlarged it to create a 3.8 acre lake with
approximately one half acre of surrounding parkland. The lake provides flood protection and
storm water treatment for approximately 109 acres of contributory drainage area using a
combination of chemical (alum injection), physical (settling) and biological (aquatic planting)
processes.
Commission Resolution No. 94-12 specifies that the Parks and Recreation Board will conduct and
advertise a public hearing to consider recommendations for park names at a regular meeting of
the Board. The Board held a public meeting on November 22, 2003.
The Board for consideration received a total of 4 names.
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
Commission that the names received be rejected as they were the same names that were
previously submitted and that the boards previous recommendation be reaffirmed and submitted
with the facility being named "Prospect Lake Park". The second choice was "Clearwater Central
Park".
At the May 1, 2003 City Commission meeting, the Commission requested that board consider
having a second public hearing to generate additional naming suggestions after reviewing
suggestions generated at the March 24, 2003 public hearing on the naming of this facility.
At the October 16, 2003 City Commission meeting, the Commission requested that the board
consider having a third public hearing to generate additional naming suggestions after reviewing
suggestions generated at the August 25, 2003 publiC hearing on the naming of this facility.
Originating: Parks and Recreation
Section Consent Agenda
Cateqory: Other
User Department: Budget Office
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
~ Qearwater
~~
u~~
Bid Exceptions:
Other
Other Contract?
n/a
In Current Year Budget?
No
E\lldgE;.t_AdJLJ~tme n t:
No
Review Approval
Kevin Dunbar
Garrv Brumback
C:vnrlip (.jOIJrlPi'lIJ
Bill Horne
C it Y Com m is s ion
Agenda Cover Memorandum
12-22-2003
12-31-2003
01-06-2004
01-05-2004
10:51 :47
07:41:53
15:16:29
12:32:46
~I
ORLS ^
J-to.
Appointment Worksheet
Page 1 of 1
City Commission Item Id: 255 Submitted: 1!Q:Q~~__j
Preferred Date: Ig~=~~=?g~~liI Actual Date: 11J:::QI:i:::?Q9~mi Agenda ID: I?g?~ mmml
Advisory Board: I~c:lr.~~c:l~~~~?r.~c:l~~~~~c:lr~mmm mm_m. .._m ..m.m ..mm. ..... .m.
General Information
Board 1~~I'l<.l~b<.lI'l~<.l~f:!mmmmm mm ..m'
Chairperson:
Appointed By: ICity Commission
Residency IGity_C?fGIf:!<.lrylf<.ltf:!rmm
Requirement:
Financial Disclosure: INot Required mmm
Iz..
Number of
Members:
Term of Service:
14 years
Meeting Dates: l~~~1?!!lm__.m_.__...._mo_._._j
Staff Liaison: l.KevlI'lJ~.!!!l.l?.<.l!J2~braB~id - Asst. _m.l
Special Qualifications
Required:
rne
Meeting Place:
Appointments
IIJAMAr!'
IM~.~mfc:lnfer~ce .~qc:l!!lit1~m9.....m_..._..J
I!................m........................................
,
"..N"wm.V^N^~N^NNNNN'."""N.
I
'''1f,
.
The following Advisory Board Member(s) term is expiring and now requires either reappointment or replacement
by a new appointee.
Name
1) ~r~nceLindner (2nd Term)
2) L__
3) L~_...___~_.._.
._J
I
I
Date
(Original Appointment)
~1995 .__.._1
I I
L__~____....._I
Person appointed will begin immediately with term to: 111:::~9:::?Q9?
Attendance Record
Interested in
Reappointment?
t~()mmmmm III
I-
L. . '.mmmfi
L__._.._...._~_......_.J
L
L_~_._.___._._~_J
i
,
......J
Name and Address
The following names are being submitted for consideration to fill the above vacancy(s):
1) IRay Shaw
~RGlubhouse Dr., W., 33761___
2) IRon Whitcomb
~earce Dr., #210, 33764
3) ~m~V\I_'!...~~~~. ______..___---1
11333 Parkwood Street, 33755 _.__.._..______._.._.~
4) I
L
5) L.__.___
L
.----'
I
I
..__............................................................................................._._........._.............1
ZIP Code of current members: h_<.lt~~??? ...m! l?<.l~.~~!?_l:i_mmmml 1?<.ltm~~?I:i? ..........1 1?<.lt~~?I:i? : L
Related Experience, Comments, Etc.
raleS/Marketin9 II
_..__....._..........._...__.................mm......_................._...._.......................__......."...............1
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F':~.".' . 'n.'..)
FEB 1 R 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) cnv C:Lf.:{';, [{i::.i\nTl'JIENT
Name: ~~ ~,,~
Home Address: )
;to..,"2.. c..~~1oQ. ~\'\)e.. ~e:i\
~\t9.('"\ ~\ot-'\~~ ZiD'?\~'~ \
Telephone: '''2.., - ,C\ \-tcS'5~
How long a resident of Clearwater? \~ u.c:L~
Occupation: ~~ I",~~ ~
. . I ~
Field of Education:
Office Address:
~\O \e..~\\-. ~\).Q. \:)~\\...
da.~ ~\ t\b;\~ Zip 3'\l&,C;S
Telephone: "1 "2.." - CJi'- '2..~\to o~"'Z.S~~9
Employer:Coa..~ ~~~ ~\.S\)r '"1i.x..
Other Work Experience:
~~-'~
.~f)E-~~
\~\1-
\~~
,
\~~~O
\c""t"~ '"
:lOot' ""f-~
, ~~
If retired, former occupation:
Community ~ctiviti~~: , ~""....: ~ ~ -c.~~ \~ (~~ Co~ \ttnn ")
t-..-~~\d-~t;~:'
Other Interests: ~ \ . _' I"'I.~ ~~ .
~\
Board Service (current and past): Board Preference:
ua- ~'is \Qftt"~~~~o~
.
Additional Comments:
Signed: .~
Date: ~~ \0 .~on~
.
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
.
I .
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
1- \-\~~ ~.c ~a.~ ~~ \.~ ~~\~....~cU2 ~ ~~\~
~ ~ ~'\~ ~ '~v~~.:'\ (,,"~~80"\n c:'ll""~n~ ~~'L
a..~ ~C'"~.;\I.:..v... ~?I.: '\!"I~";' . ~~ ~'2)."'-~ a.a.:A Q~,
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\~ ~~ ~ ~~~ h~\~'~ ~ \J.--5.Q.c\~
~CU-~~ ~~a.,","':!. ~ ~'<-a~~~ Uo."SSL C~~~'S ~~~.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~ - c~-=ti.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
- u.~o~ ~~.J)'~ ~~~ ~~\\~cs
\~~~ :~ ~.Q "'~"~'a~ ~ ro"-~ ~-ie~'is
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- \~~.o ~~ "''1L7-\......,2..,~~\.~~ -\\.0 ~~~~ b~ ~
, ~
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.... ~~~ ,~~ \~ ~~ 3.cl.\\)\Wl~
4. Why do you want to serve on this Board?
-~~~ \.\~ ~ ~.(~~ ~I .~~~. .
'^~~ "'~ \\.s, ~ ~ .~~ ~-a.~ o~ ~~ ~~
~~~~~~ 'hu.. ~ ~~~ "~\~' l...-,M
, "~..J ~..J- _']"._
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N.m.:~
Board Name~a.~t..1~
RECEIVED
DEe 08 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
/f:,; U / r~M ~
OFFICIAL RECORDS AND
~EGISLATIVE SRVCS DEPT
Name:
Home Address:
/ (Jo9 f'~RCF Di(. *" 2/ (J
C~"7-HeW~. FL ZiD 337,1{
Telephone: 72-7-t,~9...""3?7R
How long a resident of Clearwater? S /AIC[;
Occupation: .<<' F"11 ~ 1:-0
Field of Education:
fi/5fI SCiffJOL -If.5'7
Office Address:
.'-'"
,.--..
Zio
Telephone: (;.t::--u;, .,:2-7 - .1"""'- 9,s-<<7
19.s'8
Employer:
Other Work Experience:
71<A.{/c'l, 't-73l!~ (J~raR' IN ~t-W
M~ R!< /.rYRS.
If retired, former occupation: MlftrA!;t::--e.. - E'CK&trD p,f1v@- ClJllfJ. ~ It f'~1
Community Activities:S.v"P~IAl6- ~ IJJ/J-fl:~ RECROJ.-nON Plfb~1Vl ~.
OrhJT< ~ ~- CLw.flIltl/5; UN 8lJtI1B~~. c;LlAJff/~H SC. '6-(TJ0S7~FALL
Otheu- ll1terests: ~ t.~ ul-LGtI TJ;7v"'Iit: t2mP'-EX -/t/YlEl'tl6ae t57I'/CE ~T tJflSNl:P,
fJ'~").t>u f), DIWlDIr,SCWt. ~1J(JS. .
Board Service (current and past): Board Preference: .
./'I'wF f#1fKs;' -rRCCA>,/J-7?b# ApY/5i!>~ Y Ii/).
. . . ~ . .
Pi~ase return this application & board questionnaire for~'ach boa~d listed' t~:' .
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on CNiew, the City's
TV station? .
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3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
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(//'rlfPV(F rRfd orI#12 C/'r11i:S' I~ TffEl~ /YJM'JI PARler
f- 1f~~l?7Tn~tV 4RJ!1IS Tl/buYfllH!T TH-'E CJTY, /r
{N Vb w~s 4u II-&F SRJ illS ~ Atf2=' 6F19-I/ T/ rt/L..vf.t Kc"'PT:
4. Why do you want to serve on this Board?
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C/)AI r/ ,vUE" n JA~tJ II ~ Au, T~ Mt:7}..5' 0 F
trECttrr1!J-n"J./ . y p#?)5 //\/ fIlE cl11',
;/fMKS RJR '-I~ ();l? ODAI9I~-;etl)-nO~,
Name: ~ J;1/p.r/c,t>tS
Board Name: PItRJ(5"r Vf~TldAJ I).1>Vr~tJI<V So ""~ /)
'.., -.
1 ~
RECEIVED
!dia SOMS il\lJ.VlSIE>31
aNY sa~003~ 1VI01:l:/0
JAN 2 200~
CITY OF CLEARWATER _ APPLICATION FOR ADVISORY BOARD~DZ G . N'Vf
(must be Clearwater9&~~AECORDS AND C:J A 13"'3~
(&;fSlXtIVE SRVCS DEPT ;UU 'wi U
Name:.f;",,,\NiJ R,c..A.~ M '.= lc'1
Home Address:
I 333 PA C,JLV.10OD STf2CEr
t'.LE=AI2-\II.1ATER., F L zio35755
Telephone: 1;J, 1. Sf-lP ~. O~
How long a resident of Clearwater? c;) lo .
Occupation: P AS"rt>f:-
Field of Education:
Re.u9,orJ AND PH'~of'HY ~5.)
_Pl.), \.,-. c..A L S c.... (cs.NC:e; tM (~)
Office Address:
Zio
Telephone: la7., dC)~. g43'+
\J ~ as.
Employer: CH\.Ap.Ll1- () F- 11"4 c- ~'9t+T'EoU-S.
Other Work Experience:
f:J U cST
P livE I.LA-S Loul\J r\J -S:.ftO()~ .- eo UGATO~
ESTI f'.\A~ c..~l..\I~ S'TuC(D -S~Sitt'1S
If retired, former occupation:
Community Activities:\lou.\NTee:e..--:: \f)I4N ~
t\tNT0f2.1 Ntv
Other Interests:
Board Service (current and past):
kE.I'JtJeo\>"'i DuN8)Ir-J K l~l)ff: .~Ul'C'tA ~,
Board Preference:
rf'\M,~til'J''1' R~LP-1'u~rc \30Ae.b
? Pt.~~ A..Nnl(b~ilctJ P.>()-A~
t"hll~eN~'N'TI"rL.. ADVI~l5~\i
Additional Comments:
Signed:
Date:
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
. "
.
. .
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
,-': '.6 ~P. res po ns ~ b~ ~ nf' +\---.0 ~^"rr-\, as 1 <'~
; +, ;-0 a-,-~.ss and re"~e..vJ \()~nuo..s. ~f2-
o.l1~,J...\ d ;s<.riNJ:nq-bgf) . ;+ ~ <:: qJsn -4-,~ du-+y
\ \.. ,L ' ,
~. ~bonrc:s. -+0 pro~""'~ ?O 1(' 'I 40 ~~ c ~m~ISS~(jn..
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
!:f"=., hnu""~.r- no+ +hI"" f'a.l+~ <.u\ o..'r 'obQ.rcl.
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
. "
fo....mer 'P~~~de.nt-, .N&hL-P ~OU~ ~ t.o\~ c..-\'~-ter
C).J.~n+ o:dvlsor, . ~CP )'nu-t-h ~ co (~~ c.~p'ier
4. Why do you want to serve on this Board?
'In' ~;-t-iOt"\ -k) MY c\e~es\~ i-o J'\Je bQc-k--to
'~ C1 rOvnM un ;-f.y ~ j rt.uJ up " n I ",-t-. i ~ also 0.
.pq~~l"\t'\ /')-P- my t".)wl"'\ +e:, ~ee -to ~ + .....h<X+ (~.
~'C1\ arc. 0+ -the un~ve.rs.e I +ku~'n ",t- ~ So. \ons.>
be~ -+ou:>ards ju.s+. c...e.. \) (4 uo+e by N. L. ~l NCJ ~e..~
Nam~ t-J tv\.f- Co 'I
Board Name: COf'\MlAN IT'I RF:. LA,.,Ot{-S. 130~