Loading...
02/19/2004AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, February 19, 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. I nvocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions, Awards and Presentations a. Environmental Advisory Board presents award to Public Utilities Department. b. Neighborhood Matching Grants Award 5. Approval of Minutes - Regular Meeting February 5, 2004 6. Citizens to be heard re items not on the Agenda PUBLIC HEARINGS Not Before 6:00 P.M. 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. 7. Public Hearing & First Reading Ordinances #7240-04, #7241-04 &#7242-04 - 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 1416 Satsuma Street (Lot 23, Highland Oak Subdivision in Sec 23-29-15). ANX2003-10025 (Remzi Dalip) (PLD) Commission Agenda 2004-02-19 8. Public Hearing & First Reading Ordinances #7243-04, #7244-04 &#7245-04 - 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 149 Baywood Avenue (Block E, Lot 4 Eastwood Terrace 2nd Addition in Sec 18- 29-16). ANX2003-10026 (Chunilall & Yvonne Singh) (PLD) 9. Public Hearing & First Reading Ordinances #7246-04, #7247-04 and #7248-04 - APPROVE the Annexation, Land Use Plan Amendment from the (R/O/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/Drainage Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6, 10, 11 & 12 in Sec 06-29-16. ANX2003-10027/LUZ2003-10011 (George C. Clark Investments, Ltd) (PLD) 10. Public Hearing & First Reading Ordinances #7249-04, #7250-04 &#7251-04 - 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 AE, Agricultural Estate Residential District, to the City LMDR, Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003- 10028 (Spear & Shirley Johnson) (PLD) Public Hearing - Second Reading Ordinances 11. Ord #7232-03 - Approve the applicant's request to vacate the 60-foot right-of-way of Allen Avenue from the southerly extension of the west property line of Lot 15, Block B, Ackers Subdivision to the westerly right-of-way line of McMullen Booth Road (C.R. 611), subject to the retention of a drainage and utility easement over the full width of the right-of-way to be vacated and vacate the three foot utility easements lying along the rear lot lines of Lots 4 thru 15, inclusive, Block B, Ackers Subdivision, (A.K.A. 2730 McMullen Booth Road) (V2003-11 Hupp/McMullen) 12. Ord #7234-04 - Approve the applicant's request to vacate the 100-foot street right-of-way of Frances Court from the easterly right-of-way line of Narcissus Avenue to the westerly right- of-way line of Bay Esplanade subject to the retention of a drainage and utility easement over the futl width of the right-of-way to be vacated. (V2003-12 Osburg) 13. Ord #7253-04 - Approve the applicanYs request to vacate the 10-foot drainage and utility easement lying along the north property line of Lot 2, Block "I", Oak Acres Addition Unit 3 (aka 1706 Jeffords Street) (V2003-14 Lohss) CITY MANAGER REPORTS CONSENT AGENDA (Items # 14-25) 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. 14. Approval of Purchases per Purchasing Memorandum: 1. M T Deason Company Inc., Birmingham, Alabama — Gas Materials - 2406 PE polyethylene pipe and fittings during the contract period: March 5, 2004 through February 28, 2005, in the amount of $180,000. (GAS) (Consent) Commission Agenda 2004-02-19 2 15. Request for authority to settle the workers' compensation claim of Claimant, Ruth Weglarz, in its entirety to include medical, indemnity, and attorney fees for the sum of $125,000. (FN) 16. Ratify and confirm the emergency environmental assessment, cleanup, removal and disposal of contaminated materials from the road construction project on Coachman Road at Joe Dimaggio Field and approve payments of $5,909.50 to Jamson Environmental, $154,424.81 to Terra Excavating and $156,562.52 to Pinellas County Utilities, for a total cost of $316,896.83. (PW) 17. Award a contract for the 2004 Pipe Liner and Drainage Improvements Project (02-0093-EN) to Castco Construction of Largo, Florida for the sum of $738,203.29 which is the lowest responsible bid received in accordance with the plans and specifications. (PW) 18. Approve an amendment to the cooperative funding agreement for the Stevenson Creek Watershed Management Plan (WMP) befinreen the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater, increasing the agreement-funding total by $3,151,120 from $3,790,000 to $7,000,120, including an increase of the City's commitment by $1,575,560 from $1,895,000 to $3,470,560. (PW) 19. Approve the First Amendment to the Cooperative Agreement for the Kapok Wetland and Floodplain Restoration Project between the Southwest Florida Water Management District and the City of Clearwater for additional funding in the amount of $500,000. (PW) 20. Approve a work order with Parsons, an Engineer of Record, for design and construction services for Alligator Creek Implementation Projects Phase II, in the amount of $575,171. (PW) 21. Approve the final plat for "Villa Del Sol Townhomes", located at 181 Brightwater Drive. (PW) 22. Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project budgets by $35,245,213.00 of planned FY04 revenue bond proceeds, $2,479,142.46 of grant revenues from other governmental entities, $614,955.19 of sewer impact fees and $296,367.02 of water impact fees for a total decrease of $38,635,677.67 and increasing project budgets by $8,132,529.25 of utility renewal and replacement revenue, $5,926,809.53 of sewer revenue and $3,233,604.12 of water revenue for a total increase of $17,292,942.90, resulting in a net budget decrease of $21,342,734.77. (PW) 23. Approve an interlocal agreement with the Clearwater Community Redevelopment Agency (CRA) requiring the City to purchase 100 parking spaces from Station Square LLC for $12,500 each for a total of $1,250,000 for public use, and the construction of defined infrastructure improvements related to Cleveland Street and Station Square Park; authorize payment of $1,250,000 to Station Square LLC for the purchase of 100 parking spaces; authorize the establishment of a capital improvement project (Station Square Parking Garage) at midyear in the amount of $1.3 million, funding to be provided from the City's Special Development Fund from funds collected and earmarked specifically for downtown parking. (CM) 24. Stagger terms of the Sister Cities Advisory Board members as follows: (4-year terms expiring 12/31/07) Linda Damsky — World Language Coordinator, Robert A. Friedman — Clearwater Arts Foundation and Richard Wisemiller — Clearwater Sister Cities; (3-year terms expiring 12/31/06) C. E. Snedeker — Local Business and Vice-Mayor Hoyt Hamilton — City Commission. (ORLS) 25. Authorize the City Attorney to hire Thompson Sizemore & Gonzalez as outside counsel to represent the City in the case of Cynthia Jones v. City Of Clearwater and the Clearwater Police Department in the total estimated amount of $50,000. (CA) Commission Agenda 2004-02-19 3 OTHER ITEMS ON CITY MANAGER REPORT 26. First Reading Ordinance #7255-04 — to approve the Amendment to the City of Clearwater Money Pension Purchase Plan document. (HR) 27. Adopt Resolution 04-05 accepting Florida Department of Transportation (FDOT) Supplemental Agreement #6, increasing funding by $180,000.00 in an existing Joint Participation Agreement (JPA) at Clearwater Airpark. (MR) 28. IAFF Union Negotiations Update 29. Other Pending Matters CITY ATTORNEY REPORTS OTHER CITY ATTORNEY ITEMS 30. City Manager Verbal Reports 31. Commission Discussion Items 32. Other Commission Action 33. Adjournment Commission Agenda 2004-02-19 4 C(� ALMI' l�"- `�\ ��- ■ , o 9,��'ATE F�'� SUBJECT/RECOMMENDATION: SERVICE AWARDS Clearwater Clly C01111111SS1011 Agenda Cover Memorandum ❑ and that the appropriate officiais be authorized to execute same. SUMMARY: 5 Years Jerry A. Absher Solid Waste Garrison C. Brumback City Manager Jay B. Gibson Engineering J. C. Jones Solid Waste Kathleen A. Welch Human Resources Cynthia H. Tarapani Planning 10 Years Michael N. Anderson Public Utilities Carolyn L. Brink City Commission Marlene D. Mitchell Library Guadalupe B. Newell Gas Pawel W. Dembinski Engineering David G. Nardin Public Utilities 15 Years Roberto C. Vergara Public Services 20 Years Matthew S. Moore Library 25 Years Raymond A. Kader, Jr. Parks & Recreation 30 Years Denise A. Wilson Reviewed by: Legal NA Budget NA Purchasing NA Risk Mgmt NA City Manager Info Tech Public Works DCM/ACM Other Submitted by: City Manager Printed on recycled paper 2/98 Originating Dept: NA Human Resources NA User Dept. NA Attachments ❑ None Final Agenda Item # Meeting Date: Costs Funding Source: Captial Improvement Operating Other Appropriation Code: � 2/17/04 2/19/04 Total Current Fiscal Year Rev. . . � LL City Commission � ��� � � Agenda Cover Memorandum y y,� „� '� �. � ��,� , . �, � ��H� �, � .�����,� » „ ,:: � �„ � � �ma . ._ ,��. ,,,,,, m� �n�.. un..� � _ P�-� Tracking Number: 429 Subject / Recommendation: Actual Date: 02/19/2004 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 1416 Satsuma Street (Lot 23, Highland Oak Subdivision in Section 23, Township 29 South and Range 15 East); and PASS Ordinances #7240-04, #7241-04 &#7242-04 on first reading. Summarv: The subject property is located at 1416 Satsuma Street on the north side of the street, approximately 500 feet east of South Hillcrest Avenue. The applicant is requesting this annexation in order to receive City solid waste service. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.21 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 (ANX2003-10025) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 20, 2004 and unanimously recommended approval. Originating: Planning Section Quasi-judicial public hearings Categorv: Annexations, Land Use Plan and Zoning User Department: Budget Office Number of electronic documents attached: 8 Public Hearinq: Yes Advertised Dates: 01/04/2004 02/15/2004 a � �� � Financial Information: Review Approval Leslie Douaall-Sides Bill Horne Cvndie Goudeau Garry Brumback City Commission A�enda„Cover Memorandum 02-02-2004 12:05:43 02-07-2004 16:03:53 02-09-2004 11:02:03 02-05-2004 16:44:35 CDB Meeting Date: Case Number: Agenda Item : Januarv 20, 2004 ANX2003-10025 F1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Remzi Dalip 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: 1416 Satsuma Street, located on the north side of Satsuma Street, approximately 500 feet east of South Hillcrest Avenue. (a) Annexation of 0.21-acres of property to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low 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). 9,450 square feet or 0.21 acres 70 feet wide by 135 feet deep m.o.l. Single-family residential Single-family residential Residential Low (RL) Residential Low (RL) R-3, Single-Family Residential District (County) LMDR, Low Medium Density Residential Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10025 - Page 1 EXISTING SURROUNDING USES: ANALYSIS: North: Multi-family residential South: Single-family residential East: Single-family residential West: Single-family residential The subject property is located at 1416 Satsuma Street on the north side of the street, approximately 500 feet east of South Hillcrest Avenue. The applicant is requesting this annexation in order to receive City solid waste service. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.21 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. A. IMPACT ON CITY SERVICES: [Section 4-604.F1] Water and Sewer: The applicant receives water service from the City of Clearwater. Currently, sewer service is not available in the location of this site. The closest sewer line is located in the rear portion of a property six lots to the west, approximately 300 feet from the site. As sewer connection is not available to the applicant at this time, no payment of the sewer assessment fee and the sewer impact fee is required. If in the future sewer service is made available to the site and the property owner wishes to connect to the City sewer system, payment of the impact fee and assessment fee will be required. 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 2 in which there are currently 65 patrol officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is located at 645 Pierce Street. 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 Emer�encv Medical Services: Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Avenue. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10025 - Page 2 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.1] 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 70 feet in width and 9,450 square feet in lot area. The appropriate zoning district based on the surrounding area and the Future Land Use designation 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 County staffs have reviewed this annexation and determined it complies with the ordinance criteria. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10025 - Page 3 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 north 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 solid waste, police, fire and emergency medical services without any adverse effect on the service level. If sewer service becomes available to the site in the future, the applicant is aware of the assessment and impact fee payments required for sewer connection. 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 and the goals and policies. The existing and proposed use of this site as a single-family detached 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: Recommend APPROVAL of the annexation of property located at 1416 Satsuma Street. Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Prepared by Planning Department Staf£ Marc A. Mariano, Planner Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10025 - Page 4 Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S: IPlanning DepartmentlC D BlAnnexationslANX - 20031ANX2003-10025 Remzi Dalip 1416 Satsuma St1ANX2003-10025 Remzi Dalip staff report.doc Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10025 - Page 5 ST 'a' � NNE � 8 { S RNE � N 9❑0 o � � a � ���o _ ��� o� G�Q' y 8 JASMINE yypy G\P ���� y� MAGNOLIA � DR LO� � P� a o � ��w � w> � W U \ LoTUB vATH J��<0�. �g�� T�u �o�o � �a � JASMINE WAV �.m�aasa y GNOIw � � Z = LOTUS GATH Z � q � O _ �s JEFFOROS � 5T rc�'j BAR-C R��u � > . � g��� _ 5 n5� W � „ 3 A� �� � � �`. MLTON > 5T � w ° � �0�� ff � r� � BROWNING a i m�m� C.R.488 � � a a a < 1:d�''�. ¢� � a � AN P i SWTH a a F'"�' ST .. .... � S Z U' Z � 4i ,,,,,, � :,''. � O o w 0 � 2 N � 2 - �� � j a RHfl. � F 3 � � � a'� o:::.....�....... KINGS v sr y °°°-�i� �ay� � ��� � LIM� ? �" OUEEN 5T � " QUEEN � �� m m My ZO AIMA �� He N BELLEVUE �'� - � � BLVO j/� � 6 p� ff� nerrre �3 � i ✓ � � � � . w �m.o� - � � ; � ' = ;. w wewooe ; # K ; a � �. �. � a . � .... ; � � m s � � rc� bE�$�LE „ < "� �u /'� ¢ �^-""" a � �a� � a 5. � O 2 2 � i ��n � 2 F 3 � i M � �JS .� 5� s '� � � yJ � HdNARD � m� 8 0 � �a�o = � � o � omaxo� JASMINE � MAONOLIA DR LOT� BUDLE� � JEFFOR�S ST K, V 'S C Mo�. y � � ti M � �.�.«. � � p = ST � ❑ 3 ESTELLE � PROJECT � Q SITE °°`" � ° Location Map Owners: Remzi Dalip Site: 1416 Satsuma Street Land Use Zoning From : RL To: RL R3(County) Case: Property Size (Acres) PIN: LMDR Atlas Page: ANX2003-10025 0.21 23/29/15/38952/000/0230 307A � Owner: Site: From To: Proposed Annexation Remzi Dalip Case: 1416 Satsuma Street Property Size (Acres) Land Use RL RL Zoning R3(County) LMDR PIN Atlas Page: ANX2003-10025 0.21 23/29/15/38952/000/0230 307A � .� � 0 � a� � 0 Y 3 .� > � � 0 � 3 � > � � � 0 � � � .� � 0 � 3 � > a� � .., � � � � 3 � � � 0 � 3 a� > � N O O �--� M O O N � � � � .^., � � A .� � a� � r..� � � � � z/1 � � � � � � i/� � � � � Aerial Photograph Owners: Remzi Dalip Site: 1416 Satsuma Street Land Use Zoning From : RL To: RL R3(County) Case: Property Size (Acres): PIN LMDR Atlas Page: ANX2003-10025 0.21 23/29/15/38952/000/0230 307A ORDINANCE NO. 7240-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SATSUMA STREET, APPROXIMATELY 500 FEET EAST OF SOUTH HILLCREST AVENUE, CONSISTING OF LOT 23, HIGHLAND OAK, WHOSE POST OFFICE ADDRESS IS 1416 SATSUMA STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 23, Highland Oak, recorded in Plat Book 40, Page 75, Public Records of Pinellas County, Florida (ANX2003-10025) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7240-04 ORDINANCE NO. 7241-04 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 NORTH SIDE OF SATSUMA STREET, APPROXIMATELY 500 FEET EAST OF SOUTH HILLCREST AVENUE, CONSISTING OF LOT 23, HIGHLAND OAK, WHOSE POST OFFICE ADDRESS IS 1416 SATSUMA STREET, 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: Proqertv Lot 23, Highland Oak, recorded in Plat Book 40, Page 75, Public Records of Pinellas County, Florida (ANX2003-10025) 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. 7240-04. 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 Ordinance No. 7241-04 ORDINANCE NO. 7242-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SATSUMA STREET, APPROXIMATELY 500 FEET EAST OF SOUTH HILLCREST AVENUE, CONSISTING OF LOT 23, HIGHLAND OAK, WHOSE POST OFFICE ADDRESS IS 1416 SATSUMA STREET UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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: Pro e Zoninq District Lot 23, Highland Oak, recorded in Plat Book 40, Low Medium Density Residential Page 75, Public Records of Pinellas County, (LMDR) Florida (ANX2003-10025) 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. 7240-04. 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 Ordinance No. 7242-04 � � City Commission ° ��� � p� T A enda Cover Memorandum � � � _..,�, .�,�� ���._...� , . ���� � ,�..m.�o .,,..��. - �,� .�� ,_ �.a �,,, . ,m,,, . W .w���� � ���,�.,� �,rv.,���. Tracking Number: 428 Subject / Recommendation: Actual Date: 02/19/2004 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 149 Baywood Avenue (Block E, Lot 4 Eastwood Terrace 2nd Addition in Section 18, Township 29 South and Range 16 East); and PASS Ordinances #7243-04, #7244-04 &#7245-04 on first reading. Summarv: The subject property is located on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.16-acres in area and is occupied by a single-family dwelling. It is proposed 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 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 (ANX2003-10026) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 20, 2004 and unanimously recommended approval. Originatinq: Planning Section Quasi-judicial public hearings Categor� Annexations, Land Use Plan and Zoning User Department: Budget Office Number of electronic documents attached: 8 Public Hearina: Yes Advertised Dates: O1/04/2004 02/15/2004 �� r a �; � , Financial Information: Review Approval Leslie Douaall-Sides Cvndie Goudeau Garry Brumback City Commission Ac�enda,Cover Memorandum 02-02-2004 12:05:00 02-09-2004 11:01:01 02-05-2004 16:45:07 CDB Meeting Date: Case Number: Agenda Item : January, 20 2004 ANX2003-10026 F2 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: Chunilall and Yvonne Singh 149 Baywood Avenue, located on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. (a) Annexation of 0.16-acres of property 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). 7,OOOsquare feet or 0.16 acres 70 feet wide by 100 feet deep m.o.l. Single-family residential Single-family residential Residential Urban (RU) Residential Urban (RU) R-3, Single-Family Residential (County) LMDR, Low Medium Density Residential Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10026 - Page 1 EXISTING SURROUNDING USES: ANALYSIS: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential The subject property is located on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. The applicant is requesting this annexation in order to receive City sewer. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.16-acres in area and is occupied by a single- family dwelling. It is proposed 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: 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 utilities. The closest sewer line is located in the adjacent Baywood Avenue right-of-way. The applicant has paid the $900.00 sewer impact fee, as well as the $415.10 sewer assessment fee, 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 these properties by station #48 located at 1700 N. Belcher Road. The Fire Department will be able to serve these properties 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. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10026 - Page 2 B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Urban (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 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 (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: As stated earlier, the application for annexation involves a single-family detached dwelling. The property is 75 feet in width and 7,000 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 Urban (Ri� 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. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10026 - Page 3 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, east 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. 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 required sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Countywide Plan 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 detached dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adj acency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: Recommend APPROVAL of the annexation of the property located at 149 Baywood Avenue. Recommend APPROVAL of the Residential Urban (RU) category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Prepared by Planning Department Staf£ Marc A. Mariano, Planner Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10026 - Page 4 Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S: IPlanning DepartmentlC D BlAnnexationslANX-10031ANX2003-10026 Sing Chunilal[ 149 Baywood Ave�ANX1003-/0026 Chunilal[ Singh staff reportdoc Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10026 - Page 5 Owners: Site: From : To: Aerial Photograph Chunilall 8� Yvonne Singh 149 Baywood Ave Land Use RU RU Zoning R3(County) LMDR Case: Property Size (Acres) PIN Atlas Page: r�r�z�z�x��I�Y�� � . 18/29/16/24246/005/0040 290A Owners: Site: From : To: Proposed Annexation Chunilall 8� Yvonne Singh 149 Baywood Ave Land Use RU RU Zoning R3(County) LMDR Case: Property Size (Acres) '�► Atlas Page: ANX2003-10026 � . 18/29/16/24246/005/0040 290A � 0 a � 0 � 3 a� > � � 0 a � 0 � 3 a� > � � 3 � � 0 � 3 °.: > � � � � � � 3 � � 3 a� > `O N O O � i M O O N � � � � � .� � � � C 0 � � � � � � .^., C � � U � � � � � ^i� O O � � � O\ � � ORDINANCE NO. 7243-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 250 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 4, BLOCK E, EASTWOOD TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 149 BAYWOOD 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: Lot 4, Block E, Eastwood Terrace Second Addition, according to the plat thereof recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida (ANX2003-10026) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7243-04 ORDINANCE NO. 7244-04 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 BAYWOOD AVENUE, APPROXIMATELY 250 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 4, BLOCK E, EASTWOOD TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 149 BAYWOOD 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: Pro e Land Use Categorv Lot 4, Block E, Easfinrood Terrace Second Addition, Residential Urban according to the plat thereof recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida (ANX2003-10026) 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. 7243-04. 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 Ordinance No. 7244-04 ORDINANCE NO. 7245-04 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 BAYWOOD AVENUE, APPROXIMATELY 250 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 4, BLOCK E, EASTWOOD TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 149 BAYWOOD 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: Property Lot 4, Block E, Eastwood Terrace Second Addition, according to the plat thereof recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida (ANX2003-10026) Zoninq 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. 7243-04. 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 Ordinance No. 7245-04 � ������ �� ��� � � �� : � . Trackina Number: 426 City Co m m issio n Agenda Cover Memorandum PL� �j Subject / Recommendation: Actual Date: 02/19/2004 APPROVE the Annexation, Land Use Plan Amendment from the (R/O/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/Drainage Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6, 10, 11 & 12 in Section 6, Township 29 South, Range 16 East;) and PASS Ordinance Nos. 7246-04 7247-04 & 7248-04 on first reading. Summarv: This subject site consists of two parcels of land approximately 24.05-acres in area. The entire site is located on the east and west sides of Lawson Road, north of Sunset Point Road and approximately 300 feet west of U.S. Highway 19. This annexation, land use plan amendment and rezoning is requested by the applicant in order to redevelop this existing mobile home park with a townhouse development. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been retained to execute a resident relocation plan, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The existing mobile home park contains owner and renter occupied units. One of the subject parcels, 24698 US 19 North, is located in Pinellas County and the applicant is requesting the City annex it. 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, the Community Development Code and Pinellas County and Florida Law. • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Please refer to the attached annexation (ANX2003-10027) report for the complete staff analysis. 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. �. . � ���� : ; `"�'" ����,- �.,,� �w �' City Commission Agenda Gover Memorandum Both parcels included in this application are part of the land use plan amendment and rezoning request. The applicant is requesting to amend the Future Land Use Plan Map designations of the parcels from (R/O/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) to the (RM) (City) and Water/Drainage Overlay (City) classifications. Additionally a zoning atlas amendment is requested to rezone the parcels from the CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City). 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 application are consistent with the Comprehensive Plan. • The proposed use is 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 (LUZ2003-10011) 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. Based on the size of the plan amendment site and the requested density, review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this application on its consent agenda, without opposition, at its January 20, 2004 meeting and unanimously recommended approval. Originating_ Planning Section Quasi-judicial public hearings Categorv: Annexations, Land Use Plan and Zoning User Department: Budget Office Number of electronic documents attached: 13 Public Hearina: Yes Advertised Dates: 01/04/2004 Financial Information: Review A�proval Leslie Douaall-Sides Bill Horne Cvndie C�oudeau Garrv Brumback 02/15/2004 02-02-2004 12:02:27 02-09-2004 14:59:54 02-09-2004 15:20:42 02-05-2004 16:55:37 CDB Meeting Date: Case No.: Agenda Item: January 20, 2004 LUZ2003-10011 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: REPRESENTATIVE: George C. Clark Investments, LTD. Keith A. Lawes, Global Financial Investments, LLC and Todd Pressman, Pressman and Associates, Incorporated. LOCATION: 2520 Sunset Point Road and 24698 US 19 North, located on the east and west sides of Lawson Road and the north side of Sunset Point Road, approximately 350 feet west of U.S. Highway 19. REQUEST: SITE INFORMATION: PROPERTY SIZE: (a) Land Use Plan amendment from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) (pending ANX2003-10027); and (b) Rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-08021). 1,047,618 square feet or 24.05-acres DIMENSIONS OF SITE: 750 feet wide by 2,300 feet long m.o.l. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Mobile home park Multi-family dwellings Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 1 Current Category Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: ANALYSIS Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) Residential Medium (RM) and Water/Drainage Feature CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Park District (City) MDR, Medium Density Residential District North: Multi-family residential South: Retail East: Mobile Home Park, Retail, entertainment & Wholesale/warehouse West: Utility/infrastructure facility Outdoor recreation/ This Future Land Use Plan amendment and rezoning application involves two parcels of land, approximately 24.05-acres in area, containing 138 mobile home units. The applicant is the landowner of the entire site and rents the majority of the mobile home units on a monthly basis, with approximately 30 units being owned by separate persons. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been acquired to handle the relocation of the residents of the park, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The site has Future Land Use Plan designations of Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City), as well as zoning classifications of the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Medium (RM) and Water/Drainage Overlay classifications and to rezone it to the MDR, Medium Density Residential District to allow the development of approximately 300 attached dwellings. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-10027). 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 required. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 & Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 2 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 and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 13.1 Objective - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. 13.3 Objective for Housing Conditions - The City of Clearwater shall encourage the elimination of substandard housing units through demolition, upgrades, renovation and preservation efforts. 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 Residential Medium (RM) category, as specified in Section 2.3 3.2.2 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of fifteen (15) dwelling units per acre. Secondary uses permitted in Residential Medium classification include Residential Equivalent, Institutional, Transportation/Utility, Public Educational Facility, Ancillary Non- residential and Recreation/Open Space uses. 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] Sunset Point Road and U.S. Highway 19 North In the subject site location, Sunset Point Road is a four-lane divided roadway and U.S Highway 19 North is a six-land divided roadway. Sunset Point Road between Belcher Road and U.S. Highway 19 is characterized by a variety of development including single-family and multi- family residential, office, retail, medical clinic and utility uses, while retail, outdoor recreation, retail and mobile home park uses are found along this section of U.S Highway 19 North between Sunset Point Road and Enterprise Road. The Countywide Future Land Use Ylan has designated land in this area on the north and south sides of Sunset Point Road as Residential Estate, Residential Urban, Residential Medium, Residential/Office General, Commercial General, Commercial Limited and Transportation/Utility. In this area, the east and west sides of U.S Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 3 Highway 19 North are designated Residential Urban, Residential Low Medium, Residential/Office/Retail, Commercial Limited and Commercial General. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the west is Transportation/Utility, and Residential/Office/Retail and Commercial Limited to the east. Areas to the north and south are designated Residential Medium and Commercial General, respectively. The existing surrounding uses include utility/infrastructure facilities to the west and multi-family residential to the north. The property to the south exists as retail and restaurant uses. To the east a mix of mobile home park, multi-family residential, outdoor recreation/entertainment, retail and wholesale/warehouse uses. The proposed Future Land Use Plan amendment and rezoning are compatible with the surrounding uses due to the residential character of the proposed use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5] The subject site includes two parcels of land operating as a mobile home park that are approximately 24.05-acres in area. Based on a maximum permitted density in the RU, (5.7- acres) of 7.5 units per acres, and RLM, (13.41-acres) of 10.0 units per acre, Future Land Use Plan categories found on the site, 199 dwelling units would be permitted on the site. In addition, based on a maximum permitted FAR of 0.40 in the current R/O/R (1.6-acres) Future Land Use category, a 27,878 square foot office or commercial structure, or 28-dwelling units, would be permitted on the site. If approved, and based on a maximum permitted density in the proposed RM category of 15.0 dwelling units per acre, 315 dwelling units would be permitted on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) 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 Sunset Point Rd.: Between US 19 and Old Coachman Rd. Situation Plan' Plan2 Tri s Maximum Dail Potential Tri s N/A 1,780 2,020 240 Maximum PM Peak Hour Added Potential Tri s3 N/A 222 252 30 29,176 30,956 31,196 240 Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 4 Volume of Sunset Point Rd.: B/w US 19 and Old Coachman Rd. LOS for Sunset Point Rd.: B/w US 19 and Old Coachman Rd. I D � D � D � D N/A = Not Applicable LOS = Level-of-Service 1= Based on PPC calculations of 336 trips per day per acre for the R/O/R FLUP Category, 70 trips per day per acre for the RU FLUP Category and 63 trips per day per acre for the RLM FLUP. 2= Based on PPC calculations of 96 trips per day per acre for the RM FLUP Category. 3= Ciry Calculation of 12.5% Source: "The Rules" o(the Countvwide Future Land Use Plan The 2003 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Sunset Point Road 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 Sunset Point Road by 30 trips, this increase is less than 1% of the existing traffic volumes and considered to be diminimus. The LOS of the surrounding road network will not be degraded by the proposed land use plan amendment. 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 — January 20, 2004 — Case LUZ2003-10011 - Page 5 Existing Use Mobile Home Park (240) 138 units 663 N/A 80 N/A 4.81 tri s/ dwellin unit Combined Uses by Zoning/Future Land Use Plan Categories of Entire Site 1.6-acres of R/O/R FLUP & CPl Zoning 2�,g�g sq. ft. 1,196 N/A 149 N/A Shopping Center (820) 42.92 tri s/]000 s.£ ross leasable area 5.7-acres of RU FLUP & R6 Zoning Single Family Detached 42 units 401 N/A 42 N/A Dwelling (210) 9.57 tri s/dwellin unit 13.41-acres of RLM FLUP & MHP Zoning 134 units 644 N/A 77 N/A Mobile Home Park (240) 4.81 tri s/ dwellin unit Total Maximum Trips N/A 2,241 1,578 268 188 Proposed Zoning/Future Land Use Plan Proposed Use Residential Condominium/ 315 units 1,845 1,182 170 90 Townhouse (230) 5.86 tri s/ dwellin unit Apartment (220) 315 units 2,088 1,425 211 131 (6.63 irips/dwelling unit) Congregate Care Facility (252� 945 beds 2,031 1,368 198 118 2.15 tri s/occu ied dwellin unit While a comparison between the existing use of the site and the maximum development potential of the proposed categories indicates that approval of this application could generate an increased level of traffic, it should be noted that the existing use is well under the maximum development potential permitted by current standards. Any redevelopment of this site under current standards would more closely reflect the combined analysis in the above chart, which provides an actual representation of existing development potential. The City of Clearwater Engineering Department has concluded that 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, as the traffic generation associated with the proposed amendment will not exceed 1% of the existing PM Peak hour trips of Sunset Point Road. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 6 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 '/4 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 Sunset Point Road and US Highway 19. Water The current zoning district could demand approximately 56,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 78,750 gallons per day. While the proposed amendment could generate an increased water demand of up to 22,000 gallons per day, capacity for the proposed increase is available for this utility and the impact on the City's LOS for water would not be negative. Wastewater The current zoning district could demand approximately 45,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 63,000 gallons per day. While the proposed amendment could generate an increased wastewater demand of up to 17,600 gallons per day, capacity for the proposed increase is available for this utility and the impact on the City's LOS for wastewater would not be negative. Solid Waste The current zoning could result in the generation of 575 tons of solid waste per year. Under the proposed zoning district, there could be approximately 798 tons of solid waste generated per year. While the proposed amendment could generate an increase of up to 223 tons of solid waste per year, capacity for the proposed increase is available for this utility and the impact on the City's LOS for solid waste would not be negative. Recreation and Open Space As the proposed future land use plan and zoning designations will permit the development of up to 315 dwelling 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 and paid during the site plan review process. Credits will be issued for payments previously made for the existing units located on the site. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The two portions of this site designated as Water/Drainage Feature will continue to exist in its current state. 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.] Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 7 The location of the proposed Residential Medium (RM) and Water/Drainage Overlay boundaries are logical and an appropriate classification between the multi-family uses to the north and west and the commercial uses to the south and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.] For the majority of the site, the FAR, ISR and density of the proposed MDR, Medium Density Residential District is either equal to or more intense than the existing zoning categories. However, FAR and ISR are not applicable to residential development. The below table provides a comparison of the density/intensity standards of the existing and proposed categories. Dwelling Units Per Floor Area Ratio Impervious Surface Acre FAR ISR Existing CP1 County 18.0 0.40 0.85 Zonin Existing R6 County � 5 0.40 0.65 Zonin Existing MHP City 10.0 0.50 0.75 Zonin Proposed MDR 15.0 0.50 0.75 Zonin The total area of the subject site is 1,047,618 square feet and it is 750 feet in width. Both parcel's area exceeds the 10,000 square foot minimum lot area requirement and the lot width exceeds the 100-foot minimum required by the Medium Density Residential zoning district. The parcels meet the size requirements of the proposed District and the proposed attached dwelling use is permitted in the MDR 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 proposed use of this property is consistent with the Medium Density Residential zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) and a rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Staff Report - Community Development Board — January 20, 2004 — Case LUZ2003-10011 - Page 8 Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-08021) for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by retail and restaurant uses to the south; Progress Energy high- tension power lines to the immediate west, with multi-family dwellings beyond; retail, outdoor recreation/entertainment, warehouse and multi-family dwelling to the east; and multi-family dwelling uses to the north. The proposed Residential Medium (RM) and Water/Drainage Overlay Future Land Use Plan classifications and MDR, Medium Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nar 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: Amend the Future Land Use Plan designation for 2520 Sunset Point Road and 24698 US 19 North from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) (pending ANX2003-10027); and 2. Amend the zoning district designation for 2520 Sunset Point Road and 24698 US 19 North from the CPI, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003- 08021). 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: I Planning Uepar(m enAC D B ILcmd Use Am end»r ents I L UZ 20031L UZ2003-10011 %'o �vnhom e Manors of Counrryside IL UZ2003-! 0011 %'o wnhonres at Countryside slajjrepon.doc Staff Report - Community Development Board —January 20, 2004 — Case LUZ2003-10011 - Page 9 Location Map Owner: George C. Clark Investments, LTD Site: 2520 Sunset Point Rd and 24698 US 19 N Land Use Zoning R/O/R, RU, 8� Water (County) CPl & R6 (County) From : CG, RLM & Water (City) C 8� MHP(City) Case Property Size(Acres PIN: LUZ2003-10011 24.05 O6/29/16/09072/000/1200 O6/29/16/09072/000/1000 To: RM 8� Water/Drainage MDR Atlas Page: 254B Overlay Owner: Site: Aerial Photograph George C. Clark Investments, LTD 2520 Sunset Point Rd and 24698 US 19 N Land Use Zoning R/O/R, RU, 8� Water (County) CP18� R6 (County) From : CG, RLM 8� Water (City) C 8� MHP�City) Case: Property Size(Acres To: RM 8� Water/Drainage MDR Atlas Page Overlay u�r�z�z�x��l�� 24.05 06/29/16/09072/000/1200 O6/29/16/09072/000/1000 2546 ��� , -�-- ------„--�--- -- ;�--,-- 33�3 R�r.A33� y'� ; �__� a�3��ri ��� ���� ��� 3�a � � �e E�' r iR i _ ,.,« ��r'��t ?i,�} yr �ta� � � � �f'����,} xaf �� ` w1.T� ""' �N Yi p � \: � �. �i,rq i ��lee�✓� ., S 33 ��a� �3� y �A �s ' k -�. CL �,� ,�r,� � � ,��.: ; ��, ,,. �� ` E A�EyF'i3fi Y,�C �,� Gj'y� •_ c1 �,:�i�r i�s;�HI Hi " ' '� i i- �: �: i•i _ ` � � �' "__ _' �.f'_-i_�-' _ •��-��' '�_ i -' ' i" �� : ' _ _ _ � i� i' . � i'" � � _ ` �r' ' ,�f � � .y, 3� i� I' _,i i__, ., �_ f � /� ��4 9&.%�}i _ • I 1 • � • l LK� 1 I _� � .._ � i�, ,F � � y E . . -. _ . " ' � .�_ �_ ', f i_ ; i - � ,,,:; „ �v? r�%S� 3 ' �_ _ Y a �'! _ _ _ L _�I I _ � / �.:a""' 3f.. .i :. ., _- - _ _ _ _ '�.� Aa`LC �/., '' •� - �5" � .. ' £u �� � ���31� , �y ,.0 ii. �.:;, �'= � - - - = _� _ _ _. __- --'-- r� : - � - � __- ___ �4/O/� CL . ---------- � __ _- _.-_ - iA 0'E4 8 ,��RA`S[i �� - � ''� _��""" ..:.: CG I �'�'l ���� Future Land Use Plan Map Owner: George C. Clark investments, LTD Site: 2520 Sunset Point Rd and 24698 US 19 N Land Use Zoning R/O/R, RU, 8� Water (County) CP18� R6 (County) From : CG, RLM 8� Water (City) C 8� MHP(City) To: RM & Water/Drainage MDR Overlay Case: Property PIN Atlas Page: �L--� �, ---- � � /�> �-- y� V � o y Q � 20 `.«,. ., ,,.� � � ., � , l�. m, �"""��� � ""�ti/-""__"_ � __'. ._... "'�._ ;.l'. . (/� ` ' ' - -- '�'�r'�r : r� 'pr �';_; ;��'���<�,;;r��, ����L� :. . �� �_i1 ''.�; �; � �-.�� �"'----- �.�-..,,., -- -� -:� , s.�r ,.,,,� ---. r �� �---CG, �G� , ,._, � � LUZ2003-10011 24.05 06/29/16/09072/000/1200 06/29/16/09072/000/1000 254B Property to the west Property to the north << ,v , � Property to the east Property to the south Site view Site view George C. Clark Investments, LTD LUZ2003-10011 2520 Sunset Point Road & 24698 U.S. 19 N CDB Meeting Date Case Number: Agenda Item: Januarv 20, 2004 ANX2003-10027 F-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: REPRESENTATIVE: LOCATION: George C. Clark Investments, LTD. Keith Lawes, Global Financial Investments, LLC & Todd Pressman, Pressman and Associates, Inc. 24698 U.S. 19 North REQUEST: Annexation of 13.03-acres of property and 1.3-acres of the abutting Lawson Road right-of-way to the City of Clearwater (Site is included as part of the pending land use plan amendment and rezoning request, LUZ2003-10011). 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 567,586 square feet or 13.03 acres 1000 feet wide by 680 feet deep Mobile home park Attached dwellings Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County) & Water/Drainage Feature (County) Residential Medium (RM) (City) & Water/Overlay Feature (City) (Pending LUZ2003-10011) CP1, Commercial Parkway District (County) & R6, Residential, Mobile Home Parks and Subdivision District (County) MDR, Medium Density Residential (City) (Pending LUZ2003-10011) Staff Report - Community Development Board — January 20, 2004 — Case ANX2003-10027 Page 1 EXISTING SiJRROUNDING USES: North: Multi-family residential South: Mobile home park East: Mobile home park, single-family residential & outdoor recreation/entertainment West: Multi-family residential ANALYSIS: This annexation involves a 13.03-acre portion of a parcel located on the east and west sides of Lawson Road and the north side of Sunset Point Road, approximately 350 feet west of U.S. Highway 19 and 1,200 feet north of Sunset Point Road. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting this annexation to include the site as part of a development project planned to be developed with attached dwellings. All required impact fees will be paid at the time building permits are issued. A companion application to change the Future Land Use Plan category of this site from Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County) & Water/Drainage Feature (County) to Residential Medium (RM) (City) & Water/Overlay Feature (City), and to rezone it from the CP1, Commercial Parkway District (County) and the R6, Residential, Mobile Home Parks and Subdivision District (County) to the MDR, Medium Density Residential (City) District is being processed concurrently with this annexation request in LUZ2002-10011 (see agenda item F-4). I. IMPACT ON CITY SERVICES: Water and Sewer The property currently 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 in the Lawson Road right-of-way. The applicant is aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits that must be paid at the time building permits are issued. Solid Waste 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 #48 located at Staff Report - Community Development Board — January 20, 2004 — Case ANX2003-10027 Page 2 � 1700 North Belcher Road. 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. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.1] The proposed annexation is consistent with promoting the following goal of the City of Clearwater Comprehensive 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. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-10011. & 4-604.F.5.] The site is currently zoned CP1, Commercial Parkway District and R6, Residential, Mobile Home Parks and Subdivision District in the County. The applicant proposes to rezone the property to the MDR, Medium Density Residential. The proposed rezoning is being processed concurrently with the annexation and is more thoroughly analyzed and discussed in the staff report for LUZ2002-10011 (see agenda item F-4). IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: A change is requested to the Comprehensive Plan category of this site from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County) & Water/Drainage Feature (County) categories to the Residential Medium (RM) (City) & Water/Overlay Feature (City) categories in LUZ2002-100ll (see agenda item F-4). In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council (PPC) and the Board of County Commissioners acting as the Countywide Planning Authority. V. 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 east 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 these standards. In summary, the annexation of this property is consistent with Florida law. Staff Report - Community Development Board — January 20, 2004 — Case ANX2003-10027 Page 3 VI. 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 sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and eliminates an enclave. Based on the above analysis, the Planning Department recommendsAPPROVAL of the following actions on the request: Recommend APPROVAL of the annexation of the property located at 24698 U.S. Highway 19 North. Prepared by Planning Department Staff: Marc A. Mariano, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Surrounding Uses Map Site Photographs S:IPlanning DepwtmentlC D BlAnnexationslANX - 20031ANX2003-10027 Townhome Manors of Countryside 24698 US. 19 NIANX2003- /0027 Townhomes at Countryside staff repoK.doc Staff Report - Community Development Board — January 20, 2004 — Case ANX2003-10027 Page 4 Location Map Owners: � George C. Clark Investments, LTD Site: 24698 U.S. 19 North Land Use Zoning R/O/R, RU & CPl 8� R6(County) From : Wpter Case: Property Size (Acres) R.O.W. Size (Acres): PIN ANX2003-10027 13.03 1.3 O6/29/16/09072/000/1000 To: (RM 8� Water/Overlay MDR I Atlas Page: ( 2548 Feature Aerial Photograph Owners: � George C. Clark Investments, LTD Site: I 24698 U.S. 19 North Land Use Zoning R/O/R, RU 8� CP1 8� R6(County) From : Water Case: Property Size (Acres): R.O.W. Size (Acres): PIN ANX2003-10027 13.03 1.3 O6/29/16/09072/000/1000 To: RM & Water/Overlay MDR Atlas Page: I 2546 Feature Proposed Annexation Owners: � George C. Clark Investments, LTD Site: From 24698 U.S. 19 North Land Use R/O/R, RU 8� Water Zoning CPl & R6(County) Case: Property Size (Acres) R.O.W. Size (Acres): PIN: ANX2003-10027 13.03 1.3 06/29/16/09072/000/1000 To: I R ea We ter/Overlay MDR Atlas Page: 254B � � � � ,r'""""'� � � ,�i' I � � , • � � f! � � ��� I . " �� 1�1�01 "' � __ ��v #+�� �_� '- _.� �_ J, _: �'�, —�;_ �r�� - l./„__ ^�r- _ ���_ - _: y�.l'- -- -=�, -, �' � ��/1V� S_T; _� - s v�►-- - \ ...., rt� 1/` N 20� •� _'_ y� yJ ,«„ � � ` e „ \ � _� - ?� R i ---�: ' �I r; - •---�i � Fl ��__.. r— e �,,, �; � � � O�tdoo�x recreatio /� ; _ ,..� �ntertaimm �t �:;�, -----, ,.. �RiC S� � �et�il ��� n ""_ ________� n a �tai� - --�-- r, �� ;, .:� -� � t_�����������������������_i ,��,-_ = S��tQ���-= --- • . . .. .. . . . . . :.f:i= . c, - - '}�--,; - _ --- - - ��a ��i_ �.PF'���1,�_� _ r`� 't'fi. �� .• �-i�-..., ��4: -. .-� ,-�-. Existing Surrovnding Uses Owners: George C. Clark Investments, LTD Case: Site: 24698 U.S. 19 North Property Size (Acres): R.O.W. Size (Acres): Land Use Zoning R/O/R, RU 8� CP1 8� R6(County) PIN: From : Water To: RM 8� Water/Overlay MDR Atlas Page: Feature ANX2003-10027 13.03 1.3 O6/29/16/09072/000/1000 254B � 0 � � 0 � 3 � > � y Qi 3 a� � 0 Y 3 � > � � 0 � a� � � 0 � 3 .:; > � � � � 0 � 3 � > � N O O �--� M O O N � � Q N � � � � � � � � � > � � � � � � U � � � 0 a� � � �, O � O\ �--� � � � � b� .� � z/1 � 00 O� � � N ORDINANCE NO. 7246-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD, APPROXIMATELY 330 FEET WEST OF U.S. HIGHWAY 19 AND 1,200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11, BLACKBURNS SUBDIVISION, AND THE ABUTTING LAWSON ROAD RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 24698 U.S. HIGHWAY 19 NORTH, 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 attached legal description, including the abutting Lawson Road right of way. (ANX2003-10027) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7246-04 ORDINANCE NO. 7247-04 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 AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19 AND 1200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL GENERAL, RESIDENTIAL LOW MEDIUM AND WATER/DRAINAGE TO RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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: Propertv See attached legal description Attached as Exhibit "A" (LUZ2003-10011) Land Use Cateqorv To: Residential Medium and Water/ Drainage Overlay Ordinance No. 7247-04 NOTE: The property is currently designated Residential/Office/Retail and Residential Urban and Water Under the Pinellas County Future Land Plan. Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category of the hereinafter described property, upon annexation into the City of Clearwater pursuant to Ordinance No. 7246-04, as follows: Proqerty See attached legal description As Exhibit "B" Land Use Category From: Commercial General and Residential Low Medium and Water/Drainage To: Residential Medium and Water/ Drainage Overlay Section 3. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 4. 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7247-04 ORDINANCE NO. 7248-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19, AND 1200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11, BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS MEDIUM DENSITY RESIDENTIAL (MDR) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT ROAD AND APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12, BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL (C) AND MOBILE HOME PARK (MHP) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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 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: Pro e Zoning District See legal description attached To: Medium Density Residential (MDR) As Exhibit "A" (LUZ2003-10011) NOTE: The property is currently designated Commercial Parkway District and, Residential, Mobile Home Park, and Subdivision District under the Pinellas County Zoning Classification. Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Propertv See attached legal description As Exhibit "B" (LUZ2003-10011) Zoninq District From: Commercial (C) and Mobile Home Park (MHP) To: Medium Density Residential (MDR) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Ordinance No. 7248-04 Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7247-04 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 Approved as to form: Brian J. Aungst Mayor-Commissioner Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 7248-04 �� � City Commission � �t� m � ..��u�,A�enda Cover Memoran,du.,,�.. ....w ��,�,... �.�. �E.. �� � mz,.T�� �.. Tracking Number: 427 Subject / Recommendation: Actual Date: 02/19/2004 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 AE, Agricultural Estate Residential District, to the City LMDR, Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (Metes and Bounds 14/09 and 14/12 in Section 5, Township 29 South and Range 16 East); and PASS Ordinances #7249-04, #7250-04 &#7251-04 on first reading. Summarv: The subject property is located at 2941 and 2945 Sunset Point Road, at the southeast corner of Sunset Point Road and County Road 193. The applicant is requesting this annexation in order to receive City services and develop the site with single-family detached dwellings. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3.2 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 (ANX2003-10028) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on ]anuary 20, 2004 and unanimously recommended approval. Originating_ Planning Section Quasi-judicial public hearings Categor�_ Annexations, Land Use Plan and Zoning User Department: Budget Office Number of electronic documents attached: 8 Public Hearinq: Yes � City Commission 6 ��� ' � �� Agenda Cover Memorandum �,�. ...�,��_ �..�.. v,,,. _.n� ,�.�k��t � ���., .�.�z� .��.���_�„��� _ _�E ..r,» , , ,. ����,�,����,�,.��,�r���..�n�,� Advertised Dates: 01/04/2004 Financial Information: Review A�proval Leslie Douaall-Sides Bill Horne Cvndie Goudeau Garry Brumback 02/15/2004 02-02-2004 12:03:23 02-07-2004 16:00:10 02-09-2004 11:00:05 02-05-2004 16:45:54 CDB Meeting Date: Case Number: Agenda Item: Januarv 20, 2004 ANX2003-10028 FS CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: REPRESENTATVIE: LOCATION: REQUEST: SITE INFORMATION PROPERTY SIZE: DIMENSION OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: Spear and Shirley Johnson Philip Rogers, Realty Executives 2941 & 2945 Sunset Point Road, located at the southeast corner of Sunset Point Road and County Road 193. (a) Annexation of 3.2-acres to the City of Clearwater; (b) Land Use Plan amendment from the Residential Low (RL) Category (County) to the Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from the AE, Agricultural Estate Residential District (County) and the R2, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). � 130,680 square feet or 3.2 acres 550 feet wide by 250 feet deep m.o.l. Single-family dwelling Single-family dwellings Residential Low (RL) Residential Low (RL) Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10028 - Page 1 ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: ANALYSIS: AE, Agricultural Estate Residential District (County) and the R2, Single Family Residential District (County) LMDR, Low Medium Density Residential (City) North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential The subject property is located at 2941 and 2945 Sunset Point Road, at the southeast corner of Sunset Point Road and County Road 193. The applicant is requesting this annexation in order to receive City services and develop the site with single-family detached dwellings. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3.2 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. A. IMPACT ON CITY SERVICES: [Section 4-604.F1] Water and Sewer: The applicant receives water service from the City of Clearwater. 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 southern property lines of the parcels to the east. The applicant is aware of the assessment fee and the impact fee payment required to connect to City sewer service, as well as 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. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10028 - Page 2 Fire and Emergencv Medical Services: Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. 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 suinmary, 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.1] 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/LTtility; 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 element of the City's Comprehensive 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 550 feet in width and 130,680 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: Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10028 - Page 3 There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Low (RL) with a maacimum 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 municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the east 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 is aware of the assessment fee and impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. The proposed annexation and existing and proposed uses 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 proposed use of this site as single-family dwellings is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Pinellas County law regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 2941 & 2945 Sunset Point Road. 2. Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10028 - Page 4 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 DepartmentlC D BlAnnerationslANX - 20031ANX2003-10028 Spear & Shirley Johnson 2945 Sunset Pt RdIANX2003-10028 Spear&Shirley Johnson staff report.doc Staff Report — Community Development Board — January 20, 2004 — Case ANX2003-10028 - Page 5 Owners Site: From To: Location Map Spear 8� Shirley Johnson 2941 8� 2945 Sunset Point Road Land Use RL RL Zoning AE 8� R2(County) LMDR Case: Property Size (Acres): PIN: Atlas Page: ANX2003-10028 3.2 05/29/16/00000/140/1200 05/29/16/00000/140/0900 2558 Owners: Site: From : To: Aerial Photograph Spear & Shirley Johnson 2941 & 2945 Sunset Point Road Land Use RL RL Zoning AE & R2(County) LMDR Case: Property Size (Acres): I�� Atlas Page: ANX2003-10028 3.2 OS/29/16/00000/140/1200 OS/29/16/00000/140/0900 2558 Owners Site: From To: Proposed Annexation Spear 8� Shirley Johnson f►� I i��:? f►� I�[•Y R i�%� i �'1•� I'ii i:�J Land Use RL RL Zoning AE 8� R2(County) .I��I�T Case: Property Size (Acres): PIN: Atlas Page: �z�1�x�c�z�Y�:3 3.2 OS/29/16/00000/140/1200 05/29/16/00000/140/0900 255B View to the west View to the east View to the south View to the north Site view from the north Spear & Shirley Johnson ANX2003-10028 2941 & 2945 Sunset Point Road Site view from the north ORDINANCE NO. 7249-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 14/09 AND 14/12 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2945 AND 2941 SUNSET POINT ROAD, 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 attached legal description (ANX2003-10028) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7249-04 ORDINANCE NO. 7250-04 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 AT THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 14/09 AND 14/12 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2945 AND 2941 SUNSET POINT ROAD, 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: Pro e See attached legal description (ANX2003-10028) Land Use Cateqonr 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. 7249-04. 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 Ordinance No. 7250-04 ORDINANCE NO. 7251-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 14/09 AND 14/12 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2945 AND 2941 SUNSET POINT ROAD, 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: Pro e See attached legal description (ANX2003-10028) Zoning 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. 7249-04. 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 Ordinance No. 7251-04 � Second Reading ORDINANCE NO. 7232-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE ALLEN AVENUE RIGHT-OF- WAY FROM THE SOUTHERLY EXTENSION OF THE WEST PROPERTY LINE OF LOT 15, BLOCK 4, ACKERS SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LINE OF MCMULLEN BOOTH ROAD, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF AND VACATE THE THREE-FOOT DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE REAR PROPERTY LINES OF LOTS 4 THROUGH 15, BLOCK 4, ACKERS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Hupp and Allen M. McMullen, Jr., owners of real property located in the City of Clearwater, have 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: Portion of the 60-foot right-of-way of Allen Avenue from the southerly extension of the west property line of Lot 15, Block 4, Ackers Subdivision, as recorded in Plat Book 30, Page 91, Official Records of Pinellas County, Florida to the easterly right- of-way line of McMullen Booth Road, subject to a drainage and utility easement which is retained over the full width thereof and vacate the three-foot drainage and utility easement lying adjacent to the rear property lines of Lots 4 through 15, Block 4, Ackers Subdivision is hereby vacated, closed and released, and the City of Clearwater releases all of its right, titte and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. 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. Ordinance No. 7232-03 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ._.� ; � �; / �;'i � ;�, a . Ruff Assi ant Ci Attorney December 4, 2003 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7232-03 Second Reading ORDINANCE NO. 7234-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, THE 100-FOOT STREET RIGHT-OF- WAY OF FRANCES COURT FROM THE EASTERLY RIGHT-OF-WAY LINE OF NARCISSUS AVENUE TO THE WESTERLY RIGHT-OF-WAY LINE OF BAY ESPLANADE, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Sybil Osburg, 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: The 100-foot street right-of-way of Frances Court from the easterly right-of- way line of Narcissus Avenue to the Westerly right-of-way line of Bay Esplanade, subject to the retention of a drainage and utility easement over the entire width of the street right-of-way to be vacated is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. 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. Ordinance No. 7234-04 '�__ l� PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: .'"� `� .,�^�. � ,s�� , � � 0 ,./`/",�,�'r_;� . ,'� � �'' ,.. �ryan . Ruff r Assistant City Attorney Februarv 5, 2004 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7234-04 IIIIII�����,,. ..,,������i�ill � • ' � , ' so , ; � � �� � 878 an s�o 866 W 862 ' W Q ass Z � sea Z J EXHIBIT "A" Scale 1"=100' K/PL/NG PLAZA GARDEN/A STREET I � I� so :Ii1 100' ^ � � � � ��A 1 �y I ` ' 3 � � 880 __ _, _` � --- � I 870 1 tion R',eques � Ap�li�a�t 7a �__ -�s,___ .._... 4 899 s�, 3 — �--- e�� � 863 861 6 859 857 � w ►j, e� so � 2 � � � ass � W ��i 3 W Q►li Q ? � ' J aa��l 3 vj ----1�---- a ---- ` ------- V � � a5o W I 2 � i, � m 845 � 1� ¢ � �► aa, , 0 co City of Clearwater, Florida Public Works Administration/Engineering ate City of Clearwater Vacation Request • � 12/12/03 OSBURG VAC 2003-13 rawn Y Vacate Frances Court from East eet s.x. R.O.W. line of Narcissus Ave. 2°fb "� e Y To the West R.O.W. line eo- wn- ng s.D. Of Bay Esplanade. os-zvs-ise r' Mandalay Sub 14-32 r inance 249A 7234-04 Second Reading ORDINANCE NO. 7253-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, THE 10-FOOT DRAINAGE AND UTI�ITY EASEMENT LYING ALONG THE NORTH PROPERTY LINE OF LOT 2, BLOCK L, OAK ACRES ADDITION UNIT 3; PROVIDING AN EFFECTIVE DATE. WHEREAS, Lisa Lohss, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement 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 fT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 10-foot drainage and utility easement lying along the north property line of Lot 2, Block L, Oak Acres Unit 3, recorded in Plat Book 46, Page 6, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: � , ...� f'.� � �� : ✓ ,=rl':� � /��� � � _� /.� � � .,. �' Bryan D:�Ruff �- �'�' � � '� � Assistant City Attorney -. �� Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7234-04 i3 � � a� ������t�� 3 ` �� � � 1 Agenda ltem No: 52 Type: Purchase contract Quantity• 1 Requesting Dept: Gas System Llsing Dept: Bid Nu�nber or Purchasing Memorandum cit�>> �.on�ission ,.. �1�;%?0�::� Agenda Nurriber: �41G Code Exception: Ciry of Clearwater $id 01-04 Vendm•Info: M T Deason Company Inc., Birmingham, Alabama Description Comments: P� � 1 Gas Materials - 2406 PE polyethylene pipe and fittings durina the contract period: March 5, 2004 through February 28, 2005. Lo�v b[d for items a�varded. Amount: Appropriation Code(s): Comments: $ 130,000.00 423-00000-1411?0 Liventory code When used, char�ed to 315-96377-563800-532 -$80,000 (Pinellas) When used, char�ed to 315-96378-563300-532 -$100,000 (Pasco) � �����`���� . _ ,� � ��- .��� ���� y. �. M _ .. -�- Trackinq Number: 418 City Commission Agenda Cover Memorandum F��" Actual Date: 02/19/2004 Subject / Recommendation: Request for authority to settle the workers' compensation claim of Claimant, Ruth Weglarz, in its entirety to include medical, indemnity, and attorney fees for the sum of $125,000. Summarv: On November 15, 1990, Claimant, a police communications operator, slipped on a step and in�ured her right knee and right shoulder. Subsequently Claimant had a total knee replacement and shoulder surgery as a consequence of her work related injuries. Ultimately Claimant was accepted as permanently and totally disabled, and is currently receiving workers' compensation permanent total disability benefits. Claimant was not in the pension fund at the time of her injury and as such is not receiving a city pension. The City of Clearwater has an excess workers' compensation policy applicable to this loss. If this request for authority to settle is approved and paid by the City of Clearwater, the excess insurance carrier, Safety National Casualty Corporation will reimburse the City of Clearwater the entire settlement amount of $125,000. Settlement of this claim is recommended as being in the best interest of the City of Clearwater by the City's Claims Committee, the Risk Management Division, Gallagher Bassett, the City's third party administrator on thisold runof claim, Stephen Peacock, the representative of Safety National, and the City's outside counsel Mark Hungate. Oriqinatinq: Finance Section Consent Agenda Categor� Other User Deqartment: Budget Office Number of electronic documents attached: 0 Public Hearinq: No Fina ncial I nform ation: Tvpe: Other Bid Required? No Bid Exceptions: Other Other Contract? Settlement In Current Year Budget? Yes 1� City Co m m ission k ����� ; ��'-�����`"'��� �-�fi Agenda Cover Memorandum :� ..M-�-�,. .�F �. , , BudAet Adiustment: No Current Year Cost: $125,000.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $125,000.00 Not to Exceed: $125,000.00 Apqropriation Code(s) 590-07000-545800-519-000 Review Approval Maraie Simmons G�rrv Brumhar.k Tina Wils�n Bill Horne Cvndie Goudeau Amount $125,000.00 Comments 01-22-2004 12:24:11 02-05-2004 16:59:58 02-05-2004 14:45:49 02-09-2004 15:22:56 02-09-2004 15:30:56 l� � �= City Commission � ��� � A enda Cover Memorandum P� � ,�:,�, . . : 9 . ,,�. ���,� � �.PE.. . , �: nt,�,.�,..� J�,�� ,, : �,.���� ,�u�,,. , _ _h� Tracking Number: 411 Subject / Recommendation: Actual Date: Ratify and confirm the emergency environmental assessment, cleanup, removal and disposal of contaminated materials from the road construction project on Coachman Road at Joe Dimaggio Field and approve payments of $5,909.50 to ]amson Environmental, $154,424.81 to Terra Excavating and $156,562.52 to Pinellas County Utilities, for a total cost of $316,896.83, Summarv: The installation of turn lanes on Coachman Road forced the conversion of a storm drainage swale to a pipeline system as part of the Infrastructure Improvements for the Community Sports Complex. During installation of the storm pipe the contractor encountered landfill garbage. Due to the "fast track" nature of the project, the contractor on site, Terra Excavating, was instructed to proceed with garbage removal to maintain the project schedule. Jamson Environmental provided groundwater monitoring and disposal of discharge water that was pumped into storage tanks and subsequently disposed. All garbage removed was disposed of at the Pinellas County Waste to Energy facility. Environmental assessment, cleanup and disposal of discharge water and landfill garbage occurred during the period October 21 to October 31, 2003. Insufficient budget and revenues are available in the Capital Improvement Program (CIP) project, 315-92829, Community Sports Complex, to fund these charges. A first quarter amendment will transfer $316,896.83 of budget and Road Millage revenue from the Capital Improvement Program project 315-92266, Streets, Sidewalks & Bridges to project 315-92829, Community Sports Complex, to fund these costs. Originatinq_ Engineering Section: Consent Agenda Categor� Other User Department: Budget Office Public Hearina: No Financial Information: Type: Capital Expenditure Budget Adjustment: Yes Budget Adjustment Comments: (See Summary) � City Commission � T �t��` � A�enda Cover Memorandum � � y, ,, Current Year Cost: $316,896.83 Total Cost: $316,896.83 A�qropriation Code(s� Amount Comments 315-92829-561000-575-000 $5,909.50 315-92829-543500-575-000 $156,562.52 315-92829-563800-575-000 $154,424.81 Review A�proval Kevin Dunbar 01-27-2004 13:10:51 Cvndie Goudeau 02-09-2004 17:39:17 Michael Ouillen Garrv Brumback Tina Wilson Bill Horne 01-30-2004 15:32:35 02-09-2004 15:47:19 02-05-2004 14:56:13 02-12-2004 20:47:42 l� City Co m m issio n � �� ����" � (� �. ����-�� � ��' A enda Cover Memorandum �.,_ �. �.,�.�,�� . 9 �� �-� �w.�a•-�� � _ Trackinq Number: 417 Actual Date: 02/19/2004 SubLect / Recommendation: Award a contract for the 2004 Pipe Liner and Drainage Improvements Project (02-0093-EN) to Castco Construction of Largo, Florida for the sum of $738,203.29 which is the lowest responsible bid received in accordance with the plans and specifications. Summarv: The work to be performed in this contract will include: Approximately 3000 feet of various diameter storm pipe up to 48" diameter are in need of repair. Many of these lines are leaking and causing the infiltration of subsurface soils into the existing storm systems. This condition has caused the loss and/or settlement of private property. High Density polyethylene slip liner will be inserted into the deteriorated storm line and the space grouted between the two pipes. Approximately 800 liner feet of concrete storm line will be repaired by construction of cured in place pipe lining. The proposed work will be in an easement located in the backyard of several residents and this type of repair will cause a minimum disruption of the resident's property. Regrading of 5 street intersections that presently have a wide area of standing water after a rain event. This will be accomplished by the construction of new 4 feet wide swale curbs and replacement of existing curb and gutter. Replacement of approximately 3000 liner feet of deteriorated underdrain systems along various city roadways. Underdrain pipe drainage systems are constructed adjacent to roadways to intercept groundwater before it can infiltrate and damage roadway base. Removal and replacement of existing storm pipe with new reinforced concrete pipe. It is anticipated that the only one location requiring a road closure will be at the intersection of Magnolia Dr. and Wellington Dr. This project will commence after award and execution of the contract and will be completed in 180 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. Sufficient budget for interim financing or funding with 2004 Stormwater Revenue Bond proceeds when issued is available in projec t 357-96124, Storm Pipe System Improvements, for the $680,547.84 Stormwater portion of this contract. Originating_ Engineering Section Consent Agenda Cateaory: Construction Contracts - Public Works Originating User Department: Budget Office ; City Co m m issio n �° ���� � ������`�W�" �°' Agenda Cover Memorandum ����� �� � ,,� �,F�.�~ � �� � - Number of electronic documents attached: 0 Fina ncial I nfor m ation: Tvpe: Capital Expenditure Bid Required? Yes In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $738,203.29 Annual Operatinq Cost: $0.00 Total Cost: $738,203.29 Appropriation Code(s) 375-96124-563700-539-000 315-92266-563700-541-000 Review Aqqroval Michael (�uillen Brvan Ruff Bill Horne Georae McKibben Cvndie Goudeau Tina Wilson Garry Brumback Amount $680,547.84 $57,655.45 Comments 01-26-2004 13:24:02 02-03-2004 10:58:59 02-09-2004 15:21:21 01-26-2004 13:42:41 02-10-2004 16:15:04 01-27-2004 08:39:52 02-05-2004 16:42:31 ., � City Co m m ission � ����'. �� ��°� -` Agenda Cover Memorandum � .�- �.. �� � � �,:�, : -� . . -�� �- Trackinq Number: 422 Actual Date: 02/19/2004 Subject / Recommendation: ��3 Approve an amendment to the cooperative funding agreement for the Stevenson Creek Watershed Management Plan (WMP) between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater, increasing the agreement funding total by $3,151,120 from $3,790,000 to $7,000,120, including an increase of the City's commitment by $1,575,560 from $1,895,000 to $3,470,560 and authorize the appropriate officials to execute same. Summarv: The Commission approved the Cooperative funding agreement with the SWFWMD for the WMP on May 4, 2000 (#24). The agreement included plan development and project implementation. The planning phase was completed in August 2001 and the City is implementing the recommended projects. The existing Cooperative funding agreement executed in 2000 has a maximum cap of $3,790,000. The City received approval from the District for cooperative funding requests of $506,250 in FY 02 and $418,750 in FY 03. The City applied to the District for FY 04 funding in the amount of $1,575,560 to implement projects recommended in the Watershed Management Plan. The City was notified in October of 2003 that our application had been accepted and funding for the grant had been approved based on the proposed cost share ratio: City 50% $ 1,575,560 SWFWMD 50% $ 1,575,560 Tota I 100% $ 3,151,120 The FY04 award of $1,575,560 brings the total under the existing agreement to $2,500,560 and will exceed 50% of the total project cost and requires a contract amendment. SWFWMD requested that we bring this amendment forward for approval to assist them with encumbering their SO% share of the agreement within their current fiscal year and increase the maximum agreement cap to $7,000,120. Specific projects will be brought before the Commission for approval and the Glen Oaks Stormwater Improvements project, projected for late August '04, is anticipated to use most of the FY 04 funds. A midyear amendment will transfer $400,000 of budget and Stormwater revenue from the Capital Improvement Program project 315-96149, Storm System Expansion, to project 315-96144, Stevenson Creek Implementation, to provide sufficient funding for the City's 50% share of this increase to the agreement. A copy of the inter-local agreement with the SWFWMD is available in the Official Records and Legislative Services for review. Originatin� Engineering � City Co m m issio n � � � ����' �.����� ���� Agenda Cover Memorandum Section Consent Agenda Cateaorv: Agreements/Contracts - with cost User Department: Budget Office Public _Hearing_ No Financial Information: Tv�e: Other Budqet Adiustment: Yes Budaet Adjustment Comments: (See Summary) Review Approval Michael Ouillen Cvnrlie G�ude�u Tina Wilson Garrv Brumback Bryan Ruff 01-26-2004 14:02:28 02-10-2004 07:58:06 01-27-2004 08:27:41 02-05-2004 16:59:10 02-�4-2004 13:24:56 Bill Horne 02-09-2004 15:08:07 o���EST FL°�b South� v est Florida � � ` � �aterManagement District m F� ��.. he -. �9�AGEM��O .:: , .. . ... An Equal Opportunity Employer Thomas G. Dabney, II Chair, Sarasota Watson L. Haynes, 11 Vice Chair, Pinellas Janet D. Kovaeh Secretary, Hillsborough Maggie N. Dominguez Treasurer, Hillsborough Edward W. Chance Manatee Ronnie E. Duncan Pinellas Pamela L. Fentress Highlands Ronald C. Johnson Polk Heidl B. McCree Hillsborough T. G. "Jerry" Rice Pasco Judith C. Whitehead Hernando David L. Moore Executive Director Gene A. Heath Assistant Executive Director Willlam S. Bilenky General Co�nsel Protecting Your Water Resources Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 December 12, 2003 Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 Elliot Shoberg, P.E. Project Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 �: P�3 � -. i� 2379 Broad 5��.;et, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 3773722 or 1-800-3203503 (FL only) SUNCOM 531-6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 Subject: Stevenson Creek Watershed Management Program Implementation of Best Management Practices (K394) SWFWMD Agreement No. 02CON000086 Dear Mr. Shoberg: Enclosed are two originals of the agreement between the District and the City of Clearwater for the subject project. Please have both originals signed and dated and return them to my attention. After execution by our Executive Director, one will be returned for your files. If you have any questions, please call me at (800) 423-1476, extension 4249. Sincerely, �u� Richard Mayer, P.E. Senior Professional Engineer Engineering Section RM L:\Res Mgmt\Eng\Projects\K394 Stevenson Creek BMPs II\Correspondence�L-Shoberg.121203.doc Enclosures (2) By Certified Mail .. ;..�. � `� � . i. .. .__.. . .. � { ; !. 1 i �'�'` ��� 1 8 �E�'���, �' a',���? i � {..... ... . AGREEMENT NO. 02CON000086 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) This FIRST AMENDMENT by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas- Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Clearwater, Florida 33758-4748, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 9, 2002. for a multi-year funded project to evaluate and implement a stormwater management program in the Stevenson Creek Watershed; and WHEREAS, the parties hereto wish to amend the Agreement to increase the proposed PROJECT cost and include approved FY 2004 funding, and revise the Project Schedule and Budget. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions. contained herein, the parties hereby mutually agree to amend the original Agreement, dated April 9, 2002, as follows: 1. The second WHEREAS is hereby replaced in its entirety with the following: WHEREAS, the stormwater management program for the Stevenson Creek Watershed is in the Pinellas-Anclote River Basin Board's five-year plan with a budget of $7,001,120; and 2. Paragraph 3, Funding, is hereby amended to increase the total PROJECT cost $2,151,120 by replacing the first three sentences in their entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Seven Million One Thousand One Hundred Twenty Dollars ($7,001,120). The DISTRICT agrees to fund PROJECT costs up to Three Million Five Hundred Thousand Five Hundred Sixty Dollars ($3,500,560) and shall have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Three Million Five Hundred Thousand Five Hundred Sixty Dollars ($3,500,560) and shall be responsible for all costs in excess of the anticipated total PROJECT cost. Page 1 of 4 3. Subparagraph 3.2 is hereby amended to increase the maximum amount to $7,001,120. 4. Subparagraph 3.4 is hereby replaced in its entirety with the following: 3.4 The CITY hereby recognizes and agrees that DISTRICT funding of the PROJECT will be funded over several fiscal years, and is conditioned upon the inclusion, funding, and approval of PROJECT funds in the DISTRICT's annual budgets. The DISTRICT approved Five Hundred Six Thousand Two Hundred Fifty Dollars ($506,250) in Fiscal Year 2002, Four Hundred Eighteen Thousand Seven Hundred Fifty Dollars ($418,750) in FY 2003, One Million Five Hundred Seventy Five Thousand Five Hundred Sixty Dollars ($1,575,560) in FY2004, and the remaining funds up to the DISTRICT's funding commitment are anticipated to be available in subsequent fiscal years. If DISTRICT funding in any subsequent year does not occur, the CITY shall be responsible for all funding necessary to complete the PROJECT. 5. Exhibit "A," Paragraph 5, Completion Dates, is hereby amended to commence construction on the PROJECT by November 30, 2004 and complete all work by December 31, 2009. 6. Exhibit "B," Project Description, is hereby amended to replace the first four paragraphs with the following: This contract is a continuation of a multi-year funded, multi-phased project to implement selected Best Management Practices (BMP's) developed in the Stevenson Creek Watershed Management Plan that address flood protection, natural systems and water quality issues. It includes design, permitting, preparation of construction documents, and construction of the Glen Oaks Stormwater Management Area. 7. Exhibit "B," Project Budget and Project Schedule, is hereby replaced in their entirety with the following: Proiect Budaet Task Descri tion DISTRICT CITY TOTAL 1. Pro'ect Selection $0 $0 $0 2. Desi n& Permittin $ 416,477 $ 416,477 $ 832,954 3. Contract Documents and $ 208,234 $ 208,234 $ 416,468 Contractor Selection. 4. Construction $2,875,849 $2,875,849 $5,751,698 Totals $3,500,560 $3,500,560 $7,001,120 Page 2 of 4 Proiect Schedule Activitv A. Select CONSULTANT B. Select Projects C. Commence Design & Permitting C. Complete Design & Permitting D. Commence construction E. Complete construction Initiation/Comqletion Dates Complete by February 28, 2002 Complete by April 30, 2002 Initiate by May 31, 2002 Complete by May 31, 2004 Initiate by November 30, 2004 Complete by December 31, 2009 8. The terms, covenants and conditions set forth in the original Agreement, dated April 9, 2002, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. The remainder of this page intentionally left blank. Page3of4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Brian J. Aungst, Mayor-Commissioner Date FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STEVENSONS CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) DISTRICT APPROVAL INITIALS LEGAL RISK MGMT q CONTRACTS RM DEPT DIR '%t d ?�J DEPUTY EXEC DIIt GOVERNING BOARD Page4of4 D TE VI i 0 / yo 03 ri v a; '� R d►.� 1-1 ; City Commission � -� ����' P c,� � � Agenda Cover Memorandum ^,, r Tracking Number: 423 Subject / Recommendation: Actual Date: Approve the First Amendment to the Cooperative Agreement for the Kapok Wetland and Floodplain Restoration Project between the Southwest Florida Water Management District and the City of Clearwater for additional funding in the amount of $500,000. Summarv: The Commission approved the Agreement between the Southwest Florida Water Management District (SWFWMD)and the City of Clearwater for funding for the Kapok Wetland and Floodplain Restoration Project in the amount of $3,000,000 in January of 2002. SWFWMD staff requested additional funding for the project on the City's behalf from the Pinellas Anclote Basin Board for FY2004. The Amendment provides additional funding in the amount of $500,000 for a total of $3,500,000 for design and construction of the project. The project site has been cleared of all mobile homes and structures. The permit application has been submitted to SWFWMD and the design plans and specifications are complete. The project is anticipated to be advertised for construction by the end of February, award of contract in May, and construction commencing in September of 2004. The project is on schedule to meet the funding requirements. A copy of the Agreement is available in the Office of Official Records and Leglislative Services for review. Originatinq: Engineering Section: Consent Agenda Categor� Agreements/Contracts - without cost User Department: Budget Office Public Hearina: No Financial Information: Review A�proval Michael Ouillen Cvndie Goudeau Brvan Ruff Garrv Brumback Tina Wilson 01-26-2004 14:29:59 02-09-2004 15:32:35 02-04-2004 13:20:49 02-09-2004 02-06-2004 15:25:30 �: - �- m � �. C � �, �. P� � AGREEMENT NO. 02CON000065 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250) This FIRST AMENDMENT entered into and effective this 1 St day of January 2004 by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 3, 2003, for the restoration of 37 acres of historic floodplain to its predevelopment condition for flood control, water quality treatment and habitat creation; and WHEREAS, the parties hereto wish to amend the Agreement to add additional funding due to increases in the estimated construction costs resulting from utility conflicts, subsurface conditions and the addition of a control structure to regulate downstream flood elevations. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the original Agreement, dated April 3, 2002, as follows 1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding $2,500,000 by replacing the first three sentences in their entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Fifteen Million Five Hundred Thousand Dollars ($15,500,000). The DISTRICT agrees to fund PROJECT costs up to Three Million Five Hundred Thousand Dollars ($3,500,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Twelve Million Dollars ($12,000,000) and will be responsible for all costs in excess of the anticipated total PROJECT cost. 2. The Project Budget section of Exhibit "B" is hereby replaced in its entirety with the following: Page 1 of 3 Project Budget Properly Purchase Restoration Design/Permitting/ Construction Management Restoration Construction TOTAL CITY DISTRICT TOTAL $10,000,000 $0 $10,000,000 0 500,000 500,000 2,000,000 $12, 000, 000 3.000.000 5.000.000 $3,500,000 $15,500,000 3. The terms, covenants and conditions set forth in the original Agreement, dated April 3, 2002, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. The remainder of this page left blank intentionally. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT � David L. Moore, Executive Director CITY OF CLEARWATER By: William B. Horne II, City Manager Date Date FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250) DISTRICT APPROVAL LEGAL RISK MGMT CONTRACTS RM DEPT DIR DEPUTY EXEC DIR GOVERNING BOARD Page3of3 INITIALS D TE ��91.� 23 O N/A a 7' � ��'L- _ � � Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie Dougall-Sides Assistant City Attorney AGREEMENT NO. 02CON000065 CITY OF CLEARWATER, FLORIDA � William B. Horne, City Manager Attest: Cynthia E. Goudeau City Clerk � � . City Co m m ission � , � ���� ; " ��� ` �� f°�"°-~`" ��~r Agenda Cover Memorandum �^�.�� �,�, �� - Trackin�Number: 424 Actual Date: 02/19/2004 Subject / Recommendation: Approve a work order with Parsons, an Engineer of Record, for design and construction services for Alligator Creek Implementation Projects Phase II, in the amount of $575,171 and authorize the appropriate officials to execute same. Summarv: The Phase II projects delineated for implementation in the Alligator Creek Watershed Managment Plan include those projects between U.S. 19 and N.E. Coachman Road and include: Solid Waste Transfer Station Treatment Pond and Bypass Channel, Channel A Improvements from U.S. 19 to Old Coachman Road, Channel A Improvements from downstream of the the design-build project to NE Coachman Road, Brighthouse Networks Field Detention Pond retrofit of failed outfall structure, Solid Waste Transfer Station Culvert Replacement, Borrow Pit and Channel Connection Enhancement, Old Coachman Road Bridge Replacement, Old Coachman Road Culvert Replacement. Design work on the last two projects associated with Old Coachman Road, a Pinellas County Road, will not be authorized until an agreement for funding of same is executed with Pinellas County. The scope of services to be provided by Parsons includes: project management, land surveying, geotechnical and subsurface utility investigations, engineering and landscape design, permitting, final construction plans and specifications and limited construction services. 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 Sufficient budget and revenue are available in the 2004 Stormwater Utility Revenue Bond Project, 357-96154-561200-539-000, Alligator Creek Implementation Projects Phase II, for this work order. A copy of the work order is available for review in the Office of Official Records and Leglistative Services. Originating_ Engineering Section Consent Agenda Categor� Agreements/Contracts - with cost User Department: Budget Office Public Hearinq: No Financial I nform ation: Type: Capital Expenditure � City Co m m ission ���� �' '�`�-��-�' �`w-�' Agenda Cover Memorandum �. , ,,,� � -� �..� � , ���,� �_s- ��.� �� � Bid Required? No Bid Exceptions: Other Other Contract? Engineer of Record Appropriation Codels) 357-96154-561200-539-000 Review A�proval Michael Ouillen Cvnclie G�ucie�i� Tina Wilson Garrv Brumback Bryan Ruff Bill Horne Amount $575,171.00 Comments 01-29-2004 16:07:01 02-09-2004 15:26:40 02-02-2004 09:01:36 02-05-2004 16:43:36 02-03-2004 09:46:51 02-09-2004 15:16:49 � MANOR B� ST `� Q � s g � ' 3 a tt .. ............. . S L4GOON Location Map Alligator Creek /mplementation Project Phase 11 1 inch equals 1,320 feet � � �._..�.: — C.R. 516 ALBRIGHT DR p o 0 0 �`�'C 4 tt � U`�� a � p o � o ,,g TNAMES ST p �=' �'b ���. � Z F � � K O U �¢ � O � z m � W Q m m a � VANDERBILT� DR S VrWDER&�T VANDERBILT .4,�� . .. . I� R� P� Casry J��es ���. � RUN StiPG :RINGTON �� ��� � ,q� N�P 3 CppGH / a y � 3 �e � s > � � �r � � ° � "Q a „?e WINO �.. � ,. � _.A� / �ITY DR � a �_ -w a I .... ...... ..... - _.._.___ PROJECT �NO��a aHOC 0 AREA � oo�w� sT 3 0< 0 �' _ � 8 w APPLEWOOD LL Z �.,���� S 3 3 0 P� .. .. . ....... TRA�� (A ' / � P A �� � £ O �D //�� � RD OR I�\\ I ORIGatx>nv �-1� C.R. 528 � DREW ST > j w 4 ���. Q � . ¢ a u`"�i > a O�ry � p U O . C� Q � G T MN.'OOD � O � w ,� ' o ❑ � ��. � a �� m o �asrri000 oa w U ll . N�SH ST � ... .:: �� `t WHITb9AN ST a ¢ � WHITMAN ST a ���. �� O CI�IAUGER ST j �z 3 g CHAVCER ST a � � Shl[LL[Y Si W SHEILEY �T � � L � GULf TO 6FlY BLVD y a T �� OO aO � O � oo ❑� �1�nn�(�11�� oo � r-� o°� � � � Alligator Creek Imp/eme►�tation P�ojects Phase ll Design and Construction Managemer►t Scope of Services Date: 1. ° Clearwater �::;���:=��=" 1 PARSONS vVATER & INFRASTRUCTURE PUBLIC WORKS ADMINISTRATIUN WORK ORDER INITIATION FORM � . �P� � � � City Project No: 03-0095-EN M/C Project No: Project Title: Alligator Creek Implementation Projects Phase II 2. Scope of Work: 2.1. SUMMARY As part of the implementation plan for the Alligator Creek Watershed Management, the City of Clearwater hereinafter called the CITY has decided to proceed with the implementation plan Phase II which includes improvements from US HWY 19 to approximately 10001inear feet upstream of the Old Coachman Road Bridge. This in turn will alleviate the flooding and provide improved LOS protection to areas identified or known as Area No. 3, the Cliff Stephens Park to CSX Railroad section. The project will also provide water quality treatment and wetland restoration along the solid waste transfer station. Nine (9) elements of the project focus on improvements to Channel A and Old Coachman Road were recommended in the Alligator Creek Watershed Management Plan to alleviate flooding and improve water quality in the watershed. The project descriptions listed below, are designated with the same identifier that was used in the Watershed Management Plan, and are located between NE Coachman Road and U.S. Hwy 19, south ofthe CSX Railroad. A-4: Waste Transfer Station Pond Enlargement this project would enlarge a stormwater treatment pond to 2.3-acre at the location bordered by U.S. Highway 19 on the east, the City's solid waste transfer station on the west, and the CSX Railroad on the north. Channel A will be routed into and out of this pond as an offline-treatment system. A-5: Channel A Improvements from US Hwy 19 to Old Coachman Road. The Channel cross-section will be revised to provide better conveyance as determined in the Master Flan A-10: Channel A from downstream of the existing design-build project to NE Coachman Road shall be improved to provide irriproved flood protection and bank stabilization. Page 1 of 18 Alligator Creek /mplementation Projects Phase ll Design and Construction Management Scope of Services A-6: Clearwater Collection Center Detention Pond—This project is the retrofit of a failed stormwater detention and treatment pond outfall structure located immediately south of Alligator Creek and west of U.S. Highway 19. A-7: Waste Transfer Station Culverts—This project replaces the entrance road culverts to the City's solid waste transfer station with double 6'xl2' box culverts. A-8: New By-Pass Channel—This project creates a new bypass channel from the new (Project A-9) Old Coachman Road bridge span around the western and northern perimeters of the transfer station site and connect to a new 2.3-acre stormwater treatment pond (Project A-4). A-9: Old Coachman Road Bridge Replacement and Roadway Raised—Project A-9 replaces the bridge span at Old Coachman Road with a new bridge over Channel A with openings of 375 square feet. This project also includes raising approximately 1500' section of Old Coachman Road to elevation 25.5 feet NGVD to meet the 25-year level of service criterion. (A separate budget is presented for this element). H-1: Old Coachman Road Culverts—This project replaces the existing culverts west of the Old Coachman Road with a 5'x10' box culvert. J-1: Borrow Pit and Channel Connection: enhances the hydraulic connection between the floodplain of the borrow pit and the floodplain of Channel A that have been severed by the CSX Railroad embankment. This project will provide an additional 48" diameter culvert underneath the railroad to augment the existing connection. The intent of this project scope is to provide for Design, permitting and limited construction management services ofthe projects. The project is to be built under two separate construction contract to be administered by Parsons according to the scope of services provided herein. One contract will be awarded for site and utilities work, and the second contract will be awarded for wetland planting and monitoring. 2.2 SCOPE DESCRIPTION The scope of services to be provided by PARSONS WATER & 1NFRASTRUCTURE hereinafter called the ENGINEER is described below, and includes the following components: • Project management, • Land surveying, � Geotechnical engineering, • Subsurface utility engineering, • Preliminary design services, � Landscaping design Page 2 of 18 Alligator Creek /mplementation Projects Phase ll Design and Construction Management Scope of Services • Permitting support services, • Final construction plans and specifications, • Limited construction phase services. 2.2.1 Project Management, Meetings, and Coordination 2.2.1.1 Project Management Plan The ENGINEER will coordinate work activities with the CITY, PROJECT REPRESENTATIVE(s), DISTRICT, and other involved agencies. The ENGINEER shall submit a Project Work Plan procedure outlining coordination activity. The Project Work Plan will include the following elements: a. Scope of Services b. Detailed Project Schedule c. Project Budget d. Coordination Procedures e. Reporting Procedures f. Documentation Procedures g. Technical Quality Control Procedures h. Health and Safety Plan 2.2.1.1 Progress Report The ENGINEER shall submit to the CITY, each month, a Progress Report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the Scope of Services, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed. Based on a project schedule of 810 calendar days, it is anticipated that a total of twenty-four (24) progress reports will be required. Page 3 of 18 Alligator Creek Implementation Projects Phase lI Design and Construction Management Scope of Services 2.2.1.3 Project Coordination 2.2.1.3.1 Project Manager Coordination The ENGINEER shall designate in writing to the CITY its Project Manager, and those project representatives who will be involved in the essential portions of the project. The ENGINEER shall coordinate the progress of the project with the City Project Manager and other interested parties, such as the CITY Planning and Development Services Department, and the Public Works Public Services Division. The work effort for this task is estimated to be 1 hour/week throughout the duration ofthe project based on a schedule of 52 weeks (design only). 2.2.1.3.2 Utilities Coordination The ENGINEER shall coordinate the progress of the project with the private and public utilities. Plans shall be submitted to private utilities to locate existing underground and above ground utilities and coordinate the relocation of such utilities if conflict arises. Construction Plans will be submitted to all utility departments at 30%, and 60% development stages. Inputs received from utility agencies relevant to the project design will be incorporated into the drawings. Schedules for relocation activity by other agencies will be developed into the final drawings and specifications. If field verification of public utilities is required, the ENGINEER will conduct a subsurface exploration determining the horizontal and vertical depth of such utilities. 2.2.1.4 Project Team Meetings The ENGINEER will attend an initial kick-off meeting, bi-monthly progress meetings (6 - total), and design review meetings (3- meetings) for the duration of the project design, and permitting which is anticipated to be 12 months. The design coordination meetings will be conducted at the 30%, 60% and 90% review phase of the project. The purpose of the design coordination meetings will be to discuss any design related issues not addressed in one of the progress meetings. If necessary, the ENGINEER will attend a field meeting to explore site conditions and discuss design approaches with the appropriate parties. A project team to include ENGINEER's staff, City and District Staff, as well as all other stakeholders such as Parks and Recreation, and members of the public; which will be agreed upon by the City and the ENGINEER will attend the project team meetings. The ENGINEER's project schedule, quality control and quality assurance procedures, and pertinent project related processes would be presented at the kick- off meeting. At the progress meetings the ENGINEER will discuss the details of the design, present the progress made during the work period and solicit and Page 4 of 18 Alligato� Creek /mplementation Projects Phase ll Design and Construction Management Scope of Services record input from all applicable departments and stakeholders. As appropriate and agreed upon, the received input will be incorporated into the design documents. If necessary, the utility coordination meetings will be conducted during the progress meetings or the design review meetings. This scope does not include additional utility coordination meetings. The following meetings are anticipated for this project: a. Kick-offmeeting at City (1) b. Progress Meetings (6) c. Design Coordination Meetings (3) d. Field Meeting (1) The ENGINEER shall keep accurate minutes of all meetings and distribute copies to all participants, within seven (7) calendar days after the meetings. The ENGINEER shall coordinate with the CITY and prepaxe the necessary agenda for each meeting to be held. Agenda shall be submitted to the CITY at least ten (10) days prior to any scheduled meeting. All display material shall be developed and prepared by the ENGINEER. 2.2.2 Site Characterization 2.2.2.1 Subconsultant Administration, Coordination, and Review The ENGINEER shall develop a detailed scope for the subconsultant services described herein under subtasks 2.2.2.2, 2.2.2.3, and 2.2.2.4. The ENGINEER shall also solicit proposals from qualified pre-approved local firms and recommend to the CITY the firm that will be conducting the proposed services. For budgeting purposes, estimates of the subconsultant fees have been included in Attachment A. Upon final agreement with all selected subconsultants and the CITY's approval of such services and fees the subconsultant professional fees may be revised as necessary. The ENGINEER will administer the subconsultants' contracts, coordinate all sub-consulting efforts, and review the subconsultants' work within the capacity of ENGINEER's expertise. 2.2.2.2 Land Surveying Services The ENGINEER will obtain the services of a qualified land-surveying firm to perform topographic and planimetric field surveys of the project area. All surveys shall be performed under the direction and control of a Florida Registered Professional Land Surveyor. Page 5 of 18 Alligator Creek Implementation Projects Phase ll Design and Construction Management Scope of Services The land survey will include the major elements required to complete the final design of the project. Specific requirements shall include, but are not limited to, the following: a. Horizontal references and temporary benchmarks at intervals along the proj ect b. Property corners physically located c. Right of way and easement lines d. The tree survey shall indicate trunk diameter, spread, and species, and shall include spreads and/or approximate locations of drip lines of all live oak trees 10" dbh or larger. e. Sanitary and storm sewer information shall include inverts, pipe sizes and types. For sanitary and storm systems, data shall be provided for the next structure upstream and downstream outside the project limits. f. Location of verified wetland boundaries, as flagged by the ENGINEER. The wetland limits shall be verified by City Staff and the SWFWNID as part of Tasks 6.1 and 6.2, prior to surveying the wetland boundaries. g. Wetland seasonal high and normal pool elevations, as staked by the ENGINEER. 2.2.2.3 Geotechnical Services ENGINEER will obtain the services of a subconsultant to perform preliminary geotechnical investigations. The preliminary geotechnical investigations will include auger borings and standard penetrometer tests (SPT's). Borings will be conducted to a minimum depth required to determine the seasonal high groundwater elevations, classifications of the soils, and the properties of the excavation material. Upon ENGINEER's review of the preliminary geotechnical investigations, additional borings shall be obtained in order to supplement the geotechnical data in areas of critical concern (i.e., locations of clay soils, rock formations, etc.), A signed and sealed narrative report summarizing the investigation procedures and results of the analyses, together with an assessment of design constraints due to soil subsurface conditions will be prepared by the Geotechnical Subconsultant for submittal to the CITY. 2.2.2.4 Subsurface Utility Location Services ENGINEER will obtain the services of a Subconsultant to perform underground investigations for locating existing utilities, to include actual field verification of below grade utilities by vacuum excavation and other suitable methods. Page 6 of 18 Alligator Creek lmp/ementation Projects Phase Il Design and Construction Management Scope of Services Excavation locations shall be identified upon completion the field survey and site investigations. 2.2.3 Project Design Report Upon substantial completion of Task 2, the ENGINEER will prepare a Preliminary Design Report (PDR). The PDR will serve to document the design constraints on the project, and to present two bridge design alternatives and recommend the most feasible option for the City's consideration.. It is intended that the approved preliminary design plan will be carried forward into the detailed design phase. A FDR will be developed as part of project A-9 Old Coachman Road Improvements. 2.2.4 Construction Plans and Specifications The ENGINEER shall prepaxe the $nal design documents, to include final construction plans, quantity estimates, cost estimates, technical specifications, and permit applications adequate to meet the review requirements of local, state and federal environmental regulatory agencies. The following plan information shall be developed and included in the final design documents, all constn.iction plans and specifications shall be prepared per City standards: Construction Plans Excluding Element A-9 a. Cover Sheet (1 sheet) b. Legend and Abbreviations (1 sheet) c. General Construction Notes (1 sheet) d. Key Sheet, 1"=80' (1 sheet) e. Grading, Paving, and Drainage Plan, 1"=30' (18 sheets) f. Cross Sections (5 sheets) g. Utilities Relocation/Adjustment Detailes Plans (water and sewer) (3 sheets) h. Erosion Control and Tree Protection Details (2 sheets) i. Utility Relocation/Adjustmern Details (if required) (1 sheet) j. Crrading, Paving, and Drainage Details (6 sheets) k. Structural Details (3 Sheets) l. Mairrtenance of Traffic Plan and Details (1 Sheet) Total number of Sheets: f 45 sheets Page 7 of 18 Alligator Creek Imp/ementation Projects Phase /l Design and Construction Management Scope of Services Landscaping Plans m. Cover Sheet (1 Sheet) n. General Notes and Legend ( 1 Sheet) o. Wetland Planting Plans (3 sheets) Total number of Sheets: � 5 sheets Old Coachman Road Improvements p. Cover Sheet (1 Sheet) q. General Notes (1 Sheet) r. Roadway Improvements (3 Sheets) s. Bridge Design and Detailes (22 Sheets) Total number of Sheets: � 27 sheets 2.2.4.130 % Construction Pians Submittal Requirements for the 30 % submittal sha11 include the following: a. Cover Sheet b. Legend and Abbreviations per City standards c. Key Sheet d. Grading, Paving, and Drainage Plan sheets indicating preliminary layout and grading of the proposed improvements, existing right-of-way and easemerrts, subdivision, block, and tot number, and plat book and page for adjacent parcels, and existing utilities e. Typical cross sections, and f. Preliminary Bridge Design g. Engineer's preliminary opinion of probable construction cost, based on the 30 % submittal. ENGINEER will submit copies of the plans, at the 30% Design Submittal, to applieable private utility companies and each City of Clearwater Utility Department for verification of their underground facilities. ENGINEER shall add the size, location, depth, and type of material of the private and public underground facilities to the grading plan. ra$e a � i s Alligator Creek Imp/ementation Projects Phase ll Design and Construction Management Scope of Services Deliverables: a. Six (6) sets of prints of 30% Construction Plans b. Engineer's preliminary opinion of �onstruction cost 2Z.4.2 60% Construction Plans Submittal In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best management practices, utilities, and other conditions retevant to the project b. Typical pavement sections shall indicating typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas c. Grading, Paving, and Drainage Plan Sheets, to include drainage plans for the soccer fields d. Bridge design and structural details. e. Erosion control and tree protection details, including best management practices applied to the project f. Existing private utilities, as available, such as gas, electrical, tel�phone, fiber optic, and cable TV g. Detailed Cross Sections h. Wetland Planting Plans and Details Utility relocation/adjustment details indicating utility conflicts, retocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required Grading, Paving, a�d Drainage detail sheets, including standard and nonstandard stormwater management structures, retainin� walls, and related notes k. ENGINEER's preliminary opinion of probable construction cost based on the 60% design submittal 1. ENGINEER will review CITY's standard technical speeifications and modify or supplement as necessary for the project m. Landscaping plans sha11 include locations, sizes, and species of trees, shnubs, and groundcover to be planted, as well as the location, type, and size of ewsting trees to remain. ENGINEER will determine tree mitigation requirements, prepare plant list, prepare landscape, prepare tree removal permit application and tree mitigation plan, prepare special paving details (if applicable), prepaze landscaping notes, and prepare landscape construction cost estimate. Page 9 of 18 Aliigator Creek Implementation Projecfs Phase ll Design and Construction Management Scope of Services Deliverables: a. b. c. d. Six (6) sets of prints of Site Construction Plans Preliminary Technicai Specifications Preliminary opinion of construction cost Copy of DISTRICT ERP application package 2.2.4.3 90% Construction Plans Submittal The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include the following: a. Maintenance of Traffic Plan, b. Structural plans, details shallow foundations, structural reinforcing, c. d. retaining walls. , and calculations, including design and details of pedestrian bridge abutrnents, retaining walls, tiebacks, and stability analyses for slopes and ENGINEER's preliminary opinion af probable construction cost based on the 90% design submittal, and Technical specifications and Special Provisions. Deliverables: a. b. c. Six (6) sets of prints of Site Constnxction Plans, Two (2) copies of the prelirninary opinion of construction cost, item descriptions, technical specifications, and contractor's proposal fvrm, One (1) draft copy ofTechnical Special Provisions. 2.2.4.4 Final (100%) Construction Documents The 100% submittal shall address the CITY's final review comments. Work prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the ENGINEER of Record. The ENGINEER of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. Page 10 of 18 Alligator Creek implementation Projects Phase ll Design and Gonstruction Management Scape of Services Deliverables: a. Six (6) sets of signed and sealed Constructior� plans, b. One (1) final reproducible copy of the preliminary opinion of construction cost, item descriptions, technical specifications, technical special provisions, and contractor's proposal form, c. Final drawings on CD-ROM (AutoCAD version 2000 or later) FORMA.T The design plans shall be campiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1993/90 (horizontal). The unit of ineasurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Ceo,graphic Technology Division. DELIVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Development Desktop (LDD) Rl or RZ format, including all associated dependent files. When LDD is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # NORTHING EASTING ELEV DESC 284 1361003.838 264286.635 25.00 BCV or comma delimited ASCII file: 284,361003.838,264286.635,25.00, BCV (PNEZD) An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing frle shall include only authorized fonts, shapes, line types or other Page 11 of 18 Alligator Creek Implementation Projects Phase il Design and Construction Management Scope of Services attributes contained in the standard AutoDesk, Inc. release. All black references and references contained within the drawing file shall be included. All questions regarding format shall be addressed to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahonvna,clearwater-fl.com ➢ All electronic files must be delivered upon completion of praject or with 100% plan submittal to City of Clearwater. Plans will be produced on reproducible vellum and provided electronically on AutoCAD version 2000 according to the following format, utilizing CITY CADD graphical standards: 2.2.4.5 Prepare Bid Documents Using Standard CITY requirements, the ENGINEER will prepare contract documents for brdding, including proposal form, specific provisions, technical specifications, and bid line item descriptions. The ENGINEER shall submit one copy of the Bid Documents with the 90% construction plans to the CITY for their review and comments. Bid documents will not include the front-end legal documents for the execution of the construction work. The CITY will be in- charge of assemblin� the document providing the front-end legal forms and advertising the project. 2.2.5 Permitting Services 2.2.5.1 Permit Application Meetings The ENGINEER will attend a pre-application meetin� with DISTRICT to familiarize them with the project and to identify any permitting issues of potential concern. 2.2.5.2 ERP/FDEP Application The ENGINEER shall prepare and submit a completed Environmental Resource Permit (ERP) application to the District upon completion of the 60% design Phase. If required, the ENGINEER shall submit for FDEP utility permits (water & sewer). 2.2.5.3 Requests for Additional Information If necessary, the ENGIlVEER sha11 respond to requests by the DISTRICT for additional information. A separate coardination meeting shall be scheduled with the jurisdictional agency to discuss any comments, if required. The ENGINEER sha11 notify the CITY prior to meeting with permitting agencies to allow the CITY to send a representative to attend the meeting, 2.2.6 Constructian Phase Services Page 12 of 18 Allig�tor C�eek Impiementation Projects Phase ll Design and Construction Management Scope of Services 2.2.6.1 Pre-Bid Meeting The ENGINEER shall attend a pre-bid conference with contractors, CITY representatives, and other appropriate parties. The ENGINEER will present the project description and bid documents and specifications to the contractors and respond to any questions related to the project. The CITY will advertise the project and furnish the bidding documents, and maintain a record of prospective bidders. 2.2.6.2 Prepare Addenda The El�TGINEER shall receive the bidder's written questions regarding interpretation and clarification of Contract Documents, and respond in compliance with CITY policy and procedures through written addenda addressed to a11 bidders. 2.2.6.3 Pre-construction Meeting The ENGINEER will conduct a pre-construction conference with contractor, CITY representatiyes, and other appropriate parties. The ENGINEER will prepare the agenda 5 days before the meeting, and provide ali participants with the meeting minutes 7 days after the meeting. 2.2.6.4 General Consulting (Contractor's RFI's) The ENGINEER shall issue necessary interpretations and clarifications in the form of a Request for Information (RFI) of the Contract Documents in accordance with the Contract Documents. If required, the ENGINEER shall furnish in writing, additional instructians by means of DRAWINGS, or otherwise, as required for the proper execution of the WORK. This task includes an average level of effort of 3.0 hours/week for duration of 36 weeks. 2.2.6.5 Shop Drawing Review The ENGINEER shall review all submittals within the times specified in the Contract Documents for compliance with the applicable requirements of the Contract Documents. ENGINEER's review and approval or other action shall not e�rtend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. The ENGINEER shall review and approve or take other appropriate action with respect to Shop Drawings and samples, the results of tests and inspections and other data that the Contractor is required to submit. The ENGINEER shall determine and advise the CITY on the acceptability of substitute materials and equipment proposed by Contractor; receive and review for compliance with the requirements of the Contract Documents, the maintenance and operating instructions or manuals, schedules, guarantees, bonds and certificates of inspection that are assembled by Page 13 of 18 A/ligator Creek Implementation Projects Phase ll Design and Construction Management Scope of Servlces Contractor(s) in accordance with the Contract Documents. The ENGINEER's approval of Contractor submittals is a representation to the CITY of the ENGINEER's belief that said submittals conform ta applicable requirements of the Contract Documents, unless the ENGINEER takes specific written exception. This scope includes twenty (25) shop drawings submittal reviews, with maximum of two reviews per shop drawing. The ENGINEER shall not: a. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the CIT'Y. b. Undertake any of the responsibilities of the Contractor, subcontractors, or Contractor's superintendent. c. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. ENGINEEK shall report observations of ineans and methods of construction to the CITY as appropriate. d. Advise on, issue direction regarding or assume control over safety precautions and pragrams in connection with the work. ENGINEER shall, however, immediately report to the Contractor and the CITY any safety concerns or violations which he observes. e. Accept shop drawing or sample submittals from anyone other than the Contractor. 2.2.6.6 Site Visits The ENGINEER's representative will visit the site when requested by the CITY to determine if work is proceeding in accordance with the Contract Documents. This scope includes a maximum of thirty-six (36) bi-weekly site visits not exceeding (4) faur hours per visit during the construction process. 2.2.6.7 Final Certification Upon notification from the CTTY, the ENGINEER shall conduct inspections with the CITY representative in order to determine that the project is completed in accordance with the Contract Documents. Upon completion of the initial inspection, ENGINEER will prepare a punch list. ENGINEER will conduct a second site visit ta verify that the punch list items were completed, to evaluate any outstanding issues related to the punch list, and to provide a recommendation to the CITY regarding Contractor's final payment. ENGINEER will submit the record drawings to the permitting agencies. A certified As-Built survey shall be submitted to the ENGINEER by the CITY. The ENGINEER shall also verify if Page 14 of 18 Alligator Creek Imp/ementation Projects Phase I! Design and Construction Management Scope of Services all items on final list have been completed or corrected and determine if those items are in accordance with the Cantract Documents, and make recommendations to the CITY concerning acceptance, and submit final drawings to the CITY. 2.7 CITY RESPONSIBILITIES The CITY will: a. Provide the ENC�INEER with the CTTY's existing land surveys wittun the project area, including boundary surveys, and provide the ENGIlVEER with reduced survey base maps in both paper and electronic format. b. Provide copies of all plats, aerial photographs, record drawings, and other available information and data pertinent to the project design within the CITY's files. c. Provide copies of any CITY standard drawings applicable to the project. d. Provide sample capies of CITY's standard contract documents and specifications. e. Acquire right-of-way and easements, including construction easemen�ts, as required. f. Permit Application Fees g. Assemble the final Praject Specifications Manual with its legal front-end documents, produce and sell contract documents to interested bidders. The City will also reproduce and distribute addendum to bidders. h. Obtain permission from property owners or the authorized represexrtatives for survey, soil tests and other engineering tasks to be conducted on private property (if applicable). i. Upon completion of the project, provide record drawings of the project signed and sealed by a professional surveyor licensed in the State of Florida. 2.8. BUDGET (ENGINEER' S COMPENSATION) The ENGINEER shall submit, with each monthly progess report, an invoice for the work completed. The invoiced fee earned will be expressed on basis of time material and expense. Fees for outside professional services shall be invoiced to the CITY at ENGINEER's actual cost. The CITY shall make monthly payments in terms of the invoice presented, Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the ENGINEER for correction. The BASIC FEE for this project, including outside professional services, other direct costs, and task allowances, shall not exceed five hundred seventy five thousand and one hundred seventy Page 15 of 18 Alligator Creek Impiementation Projects Phase ll Design and Construction Management Scope of Services one dollars ($575,171). The Task and Subtask breakdown of the BASIC FEE is presented in Attachment A, Project Budget. 2.9 TASK ALLOWANCES In the event that additional professional services not anticipated or included in the above tasks become necessary for the satisfactory completion of the project, ENGINEER may provide the CITY with a scope of work and fee estimate for these additional services. ENGII`�IEER will provide the additional services for the additional fee mutually agreed upon by ENGINEER and CITY, and upon written authorization from the CITY. If upon prior written approval by the CITY, ENGINEER's actual cost incurred for outside professional services should exceed the budged amounts listed in Attachment A, ENGINEER shall be entitled to additional fees equal to the difference between the actual incurred cost and the budgeted amount. The total fee for all authorizations under this task is included in the total BASIC FEE and shall not exceed ten percent (10%) of the Project Budget. 3. 4. 5. Proiect Goals• Flood control and water quality improvements Budget: The budget for this project is five hundred seventy five thousand and one hundred seventy one dollars ($575,171). Schedule: Services described herein will commence upon receipt by the ENGINEER of this executed Work Order. The services will be completed and delivered according to the following schedule unless it is modified by mutual agreement: Site Characterization Preliminary Design Report 30% construction plans 60% construction plans and permit applications 90% construction plans Final construc�ion documents Bidding Phase Constructiion Phase Projected Project Duration 90 calendar days 110 caiendar days 190 calendar days 250 calendar days 310 calendar days 360 calendar days 90 days from Final Plans 450 days from Final Plans March 2004 - August 2006 Page 16 of 18 A/ligator Creek Implementation Projects Phase /l Design and Construction Management scope of services ENGINEER will observe the time limitations as set forth herein; however, should there be delays in receiving information from others and in obtaining subsequent authorization, approvals and review comments from CITY and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and CITY. The ENGINEER shall not be responsible for delays that occur through no fault of ENGINEER. The schedule is based on the CITY providing complete written review comments to the ENGINEER within 20 calendar days of each submittal. 6. 7. 8. 9. 10. Staff AsSignment: Dikran Kalaydjian, P.E. Susan Gintert, P.E. Kathy Khulman CorrespondencelReporting Procedures: Proj ect Manager Project Engineer Environmental Scientist All Parsons conespondence will be directed to Dikran Kalaydjian, P.E. All City of Clearwater correspondence will be directed to Ms. Terry Finch Invoice Fundin Pg_rocedures: Invoices will be submitted bi-weekly, and will be based on accomplished milestones as presented in letter proposal dated November 20, 2003. Invoices will be transmitted to the City of Clearwater. Attention: Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-4748. City invoicing code #_357-96154-561200-539-000 Saecial Considerations: (Not applicable) Project Completion Report: A final walkthrough and acceptance by the City will be conducted upon completion of the project. Page 17 of I8 Ailigator Creek Imp/ementation Projects Phase Il Design and Construction Management Scope of Services PREPARED BY: ���� Parsons Water & Infrastructure, Inc. S. Bijoy Ghosh, P.E. Vice President . ��`.����•� , APPROVED BY: ,�� Michael D. Quilleq City Engineer Ciry of Clearwater Januarv 26, 2004 Date ������- Date Page 18 of 18 �\ 4 City Commission �. � ���� P� 4� _. � A�enda Cover Memorandum � � ,- 9,.,�.��_�„ �- � .,��.�. ,.. ,�,�,� . . �.,s „ _ ,�A ....� .. . _ ..,,,�� . _ _ ,��,�.� .F ,,�m,9 �..� : - Tracking Number: 425 Actual Date: Subject / Recommendation: Approve the final plat for "Villa Del Sol Townhomes", located at 181 Brightwater Drive, Summarv: * This plat is proposed to be a replat of Lots 20 and 21 of Bayside Subdivision Number 2. * The plat will create 6 townhome lots on 0.34 acres of land. * This plat was reviewed by the Development Review Committee on October 30, 2003 and approved by the Community Development Board on December 16, 2003. * A copy of the plat is available for review in the Official Records and Legislative Services office. Originating._ Engineering Section: Consent Agenda Categor r��. Plat Files User Department: Budget Office Number of electronic documents attached: 1 Public Hearinq: No Financial Information: Review A�proval Michael Ouillen Garrv Brumback Frank Gerlock Bill Horne Cyndie Goudeau 01-26-2004 13:43:23 02-10-2004 16:44:42 02-04-2004 14:34:13 02-12-2004 20:44:59 02-11-2004 08:58:21 � �� � � � � ���� . ��, Tracking Number: 431 City Commission Subject / Recommendation: nda Cover Memorandum Actual Date: 02/19/2004 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project budgets by $35,245,213.00 of planned FY04 revenue bond proceeds, $2,479,142.46 of grant revenues from other governmental entities, $614,955.19 of sewer impact fees and $296,367.02 of water impact fees for a total decrease of $38,635,677.67 and increasing project budgets by $8,132,529.25 of utility renewal and replacement revenue, $5,926,809.53 of sewer revenue and $3,233,604.12 of water revenue for a total increase of $17,292,942.90, resulting in a net budget decrease of $21,342,734.77, Summarv: March 1, 2001 Ordinance 6695-01 was passed increasing water, lawn water and sewer rates by 7% beginning July 1, 2001 and for four additional 7% increases at varying intervals through October 1, 2004. The 2001 rate study originally identified a need for bonds to be issued in 2001/2002 of approximately $36,503,000 and 2003/2004 of approximately $48,498,000 to fund a portion of the needed capital improvements. Less than expected rate revenues and water purchases, higher County rates for water purchases, significant budgetary savings in operations by PWA/Public Utilities management, and expenditures from projects issued at a slower pace than anticipated prefaced the 2003 rate study review. The net results of these factors were that the 7% rate increases for 2004 and 2005 proved to be adequate and that the planned issuance of the utility revenue bonds in 2004 can be delayed until 2005. The budgetary savings more than offset the revenue shortfall. In relation to the 2003 rate study review, an extensive comparison was done of the project expenditures planned in the 2001 rate study to what was actually expended for the last three years. Between project savings, moving some projects forward to FY 05 and beyond and deleting some requirements based on plan revisions, about $21.9 million in funding was available for reallocation and restructuring in FY 04. These dollars, combined with new dollars allocated at the beginning of this year for the FY 04 CIP will result in a revised FY 04 program. This program continues the work started in the original rate study modified to meet current situations and requirements. As a result, CIP projects will continue in FY 04 funded on a cash basis (originally a bond issue was contemplated) with the potential for a bond issue in FY 05. Major project changes from 01 RSU - examples include removal of the Alligator Creek Pump Station (being replaced by lower cost alternatives, reduction i c� / � ° ��- ���� �� � y� � City Commission A�enda Cover Memorandum n some needs such as large diameter line repairs, moving some repair efforts based on modeling (2020 population projection) forward to FY 05 and beyond, and added projects from restructuring such as Myrtle Ave. utility work, Biosolids Treatment and Motor Control centers at WPC. Six pump stations have been moved to FY 05 and beyond based on revised needs. As a result of delaying the issuance of the bonds until 2005, the $35.2 million 04 Water & Sewer Utility Fund Revenue Bond projects had to be eliminated from the Capital Improvement Program (CIP). In addition it was determined that water and sewer impact fee funding in the CIP exceeded the estimated need by over $911,000 and that estimated reimbursements from other governmental entities had been overestimated by approximately $2.5 million. The excess impact fee revenuewill be returned to the Water & Sewer Utility Fund reserves. The restructuring of the projects identified the need for approximately $16.7 million of additional non-bond funding. Sufficient rate and R& R revenue in the Utility and R& R funds are available to provide the additional funding. The net effect of these revenue adjustments is to reduce the current Water & Sewer project funding level by $21.3 million. Attached is a schedule of the specific project changes required to complete the restructuring and the necessary first quarter budget amendments to implement them. Originating_ Engineering Section: Consent Agenda Categor� Other User Department: Budget Office Financial Information: Type: Other Budget Adjustment: Yes Budget Adjustment Comments: (See Summary and Attachment) Review Approval Michael Ouillen Cvndie Goudeau Tina Wilson Garrv Brumback Margie Simmons Bill Horne 02-02-2004 16:42:04 02-18-2004 11:05:43 02-17-2004 15:45:54 02-10-2004 16:44:03 02-03-2004 14:55:24 02-12-2004 20:46:29 � a� � c � .' � � ` N d H d � i W � 7 c�C Q = � � � , d � w � � o LL a�� W �, C /J� c� � � V 3 � �m� � o O � '�, H a` � V � U dC� G L � ° � a t � �a U a c d E E 0 V � O ti � 0 � v 01 � v C d "� 7 m d H d � C d d � N d � ,� � O £ a` � Z H � d �O a CO � M � � � � � � U � V J � U Z W W Z W i � � � � m � a � � �o � .� w 0 0 0 � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � 0 0� o s� s�� o 0 0 0 0 0 0 o s O O � O O <Y O O O O O O O O O O O O O O 00 C7 M O Q O O O O Q O O O O M O 4 M O L4 CJ � O O O O O O 4 C? O e- o a � o N N o 0 0 0 0 0 0 0 0 o a c� rS o r� o o a� ui co 0 o cD r� c�i oi o o u� CS lA O OJ d t� �f7 O M ti U� tfl O eY W h. � d' V M .�- C? N v M I� tw, v v CP O N ��.. ... � � ". ..� � .� .-. .-. t,�ij �, � tp M Vl y N tp fq tA fq V1 tA N V7 N V1 tq tq � '6 'O 'O '� V � U 'O 'O V '0 "� 'O � 'O 'a N N � N N N N . N N N N N N N N N N � � � � � � � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d a a a a a a a a a a a a n. a � a � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m m m m m m m N N N N N N � N N N N N N N N N d � � � � � � � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O M M � CO M tt � � O N M OJ N � (O a0 � � O> M <! � � � � � CO CO CO (O f0 f0 CD (O CO CO I� h I� I� 1� h h c� co co co co co m ca co co co co co co m m cD � � o� o� m o� o� � � o� m o� � � o� � o� � N M O j O N N � _ O LL N E � � r � t � � � V O � °� E a -o ti � a� �' N �i O O' � f0 � N N f�0 N �` � J N O °'� oij @ � J � N a � � .@ N O 3 a> m � � c �` 'm 1— U V a LL c a p�p � m � f0 � y � otf c 3 � � � cn L� a 3 0 � � � 3 >' � � �° E �' ° � ' � y n ,� � ,� @ •Z °� o � � � � � `o °� m � a � o m � m C V w, Z' N Z' fn LL � J � fA � N m H fi U �y � = � 0- U L U f0 � � � � � � � Z cn � v� a � � � � � t� J � 3 3 ti � 0 r- a� rn co a � � .` _ U 7 N N � U � �O ^L I..L � C 7 L.L � � � 3 N � � � � � N C � d .� � � �o � i N � H d � W C � � Q � � V � � d IJ. +r � � O � a �� W�� �i+ J � � U �� �m� O ; �° H a � V o 0 �v mC � G L � ° R a M � M � LL � H H U y w � c o � a E 3 o w U Z �} M C�O �� M � M M M� a CO (O I� 1� CO � CO � 1� � tn � CO t0 CO CO CO CO h �(O CO t0 CO (D CO OD O aD 00 00 � O O� (O CO CO C� CO (O CO O� O O � � O� O� (O (O CO (O CO f0 (D CO � � � � � � � (�O (�O C�O � � � W � m � � MV � � a � V � � � � M M M M ("j (+� C7 M M M M M M M M M M M M Ch M M � � � V a � V � � � � E E E E M M M C� M M M M E E E E E E E M M M 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 lL LL LL LL H H H H F- F- H H LL LL LL. LL LL LL LL H H F- O Q� � c'� CA O N� N N Qt CA � N N N� � CA M O � Cp CO �� M CO O� N M C57 tD N N M 00 M � a0 � � V 6� O � e- CO CV tf� C M CV tn 'd' O� CV tf') (M � �� tD CO CP N C O O� � N N O ttY � CD tn � N� � e- � N L ('� �� �t Cfl ff1 a0 Ch M V 67 I� M CO OD M � h� � � �t �� � h 00 ln CO d' r' 1�- 63 � QO (O T f� � O Q ti O M 00 f� M � O�-' tn O M� � O O N 1`� �. � M � N 4 M `"' a0 O OD r' `i.C�.. N � � � � M H � cv z � d+ U � N m I�•. O� � N N O M Q L � N � M 00 CO W N N M M O (A O Ci � (O � ttj O Cn CV m � ('M CV O Qi � (O N CD i.(� � f� � �A CO N Q 00 ln � CP Oi 61 t� M � M � tfi rt � Z (O � t�*l lt� � O � � (O O� I� C O M 00 O v � CO � — � v r M J �q � � p) N Oy h. 6'� � N N O M O N � M W (D CO N N M M O CA Q +�+ (p � tf') Q (Ji CV � � c'M N O G1 � lA (O N CD t� � h � ln CO N '^ 00 � CO t� � t� M � M � Ln �Y -� �, � CO � aMD � � O M � � 0~0 t� mZ M 00 d M O> CD N O v � � U � � � Z fq N fA tn f� Vl fn tn f/1 tA U1 tD � � � � � � � � � � � � d � � � � � � � � � � � � m � � � � � � � � � � � � � o 0 0 0 0 0 0 0 0 0 0 0 uJ a a n. a a a a a a a a a � � � � � � � � � � � � � � � � � � � � � � � � � � c o 0 0 0 0 0 0 0 0 0 0 0 d Z m m m m m m m m m m m m � w > > > > > > > > > > > > � a� � � � � a� � � a� � d � � � � � � � � � � � � � � N N N N N N N N N N N N w o 0 0 0 0 0 0 0 0 0 0 0 � N � ` 0 G> � o O � c'�� t�D OMO 0�0 a�O W � � � •� (� CO f0 CO CO C� CO (O CO (D h h C � CO CO (O CO (O (O CO CO CO (O CO CO a = � � � � � m � � � � � � Z d r.+ �.i d .O L a a�'i C J O a a� C U � C U � 2 H C � .� Q EQ c� Q 0 c o � � m � d � � 'y0_ Z' N � o � ao cn — — C a� N ai E m m � a a m �. � � � � �, a a 3 � N :: « � � � � � � U U °' � � � d N � a a� � c m '�p C � J � � o � LL � � � m °� = o L i � f4 � � U U � C .� � 0 .� N .N c F`- � m 2 � C m a� U � � M 0 Z _ LL � O LL � O N F E .�-. A � C O U w c .N � � � � N N � co a � � .` � � U � y N � U � 'o ^L L.L. � � 1�1 1.� � � 3 � � � � � a °� c c � �� � i N d N �d � W = � � Q c � � � 3 d L1. +' � � O LL Q � � W � C � J �� C� � � m � •r o �• � }. o �' F- a £ U p O w V d � �� r.�+ a t N R U N w C d � � O U G � � 0 N L c.i d 0 L �.i c d -� � m d H d � c m � � N d � ,� � 0 £ a � Z d �+ � �.i d �O a` � M � LL O H � U w � O � d � W Z � N N N N��� N O� N O M M CO � (O O M O O (D O O (O O CO � � � <O C7 � � � � � � � N N O N O�� N� � O st � O � O N� N O N��(O CO <O (O � �A � CO � (O h �A 1� h CO f� f� CO I� CD � � (O CO � � � � � � v co co co , h co co co co co co m co m cn co �n ui �n �� �n u� ��n �ci u5 �n rn rn rn rn � rn rn rn rn rn rn rn rn rn rn rn rn rn �j �j �� C7 l� � 11j t� �fj ln ln 11j lh �Ij lij M M M � 11') M M M M M M M M M fh M � M M M M M M M M C7 M M E E E M M E E E E E E E O O O O � O O O O O O O O O O O � � � p p O O O O O O O F- H H F-� � H F- H H f- H H H H H H LL LL LL. F- H LL LL LL. lL LL LL LL � O� O O N W N oJ O C7 O a0 Q� (`') c`') O) N O a0 O O N O� M OD CO N h O O N N(O N h� O o� O ct �f' M M 1� N O �- O O N CO d: M �� h h N d' Cfl CA O � O O N(V O O I� O) f� C O CV �7 O N O a� N M N CJ N 07 cA I�- P- I� `3' V' M CO N O M h st N � M OJ � CO M t� (D 07 d_ r d_ OO W fh t•7 CO f0 � tn O (O I� � a0 M ln f0 � (O y N 1n (O O..� ... W v CO (D C7 C7 N N y iW � O� 00 CO O tC) CO e- f) � � � � M.. �. �. � ... v �, � Z`� ^ O O N� O O O O W � M M O 00 O O J o o c� cv co 0 o an o � v co m o o .- o 0 Qi (3'i �t CO G7 W O O N N C7 O 1� I� V O � LL rn �.n c� rn a n� r- r- �t v c� c� o 0 M 1+ lD V r V W W C'"') Ch U7 ln ln O OD � �N.. � � � .... ...- ... OJ � CD (O C7 O N N v � O) � � ... .� ... .� .� " � � �, OO C7 N o'� O O O O a0 d) M M O O� O O N O 4 N N fA O Q O� O V �Y M!�') O O '- O O LL Qj Qj C' CO C? UJ 4 O CV CV O O h 1� C' O � � � � N � 4 1� � h- �f' d' N N O O M 1� CD V � (70 cX? M M � ln tt� O dO L N N fD v y � v (O (Gl O O N N �� � Z � „ r W W � � � � � � u� a� a� a� � a� m m� m a� a� a� m a� a� 3 a� > > > > � > > > � > > > > > > > a> > a c c c c c c c c c c c c c c� c � a� a� a> a� a� a� a� a� a� a� a� a> a� , a� > > > > � > > > a> > > > > > > > > a� d a� a� a� a� a� a� a� a� a� m a� a� � a� � � � ��3 � ��� �� �� � � �,� � — � � a� � a� � w w a� -� :? a� � a� a� a� a� � a� J m y m�� m m�� m a3i f0 a3i `0 a3i ai � m � 3 � 3 � .� � 3 � .� 3 � � � � � � _ � U U = � � � a U ('�y � N � � N N O O O N � � a C�O (�O C�O (�O (�O (�O � � � � � � � � � m N a O d J v a� LL a N �> > � U C N � f0 n � a � .� a � O � � � � � n � O � T L a � S' 0 L a N Q a� v � U � � .� m c .� Q � � U � � d Q.' � � m � m C .� Q � � a _ a 7 m L > O C N � a .� v w O .� � C U � _ � � � � c c � G 0 U � _ � ti � O ch a� m N d � � .� � U _ � � � U N O ` d � C � � � � � � 3 a� � � N � C1 N C � d .' � � � N d N �d � W � 7 1�0 QaQ � c � � � .r � 'C O ` Q� � LL � C W�' �+ J v� � V �� � m � � � a H a � U `p O w V d � v w :+ Q L y R ci 0 0 N o 0 0 � o � o o � � � o o °o � i° o 0 (j � � � O M�(O M � M c�7 lf) (D O � (p CO CO � CO O 00 c'� M i� M f0 (O (O M (O O M i� (O X c'� O � CO (D CO (O O � tn m 7C � (O CO (O CO 1� � 7C � X �� CO CO ���� O fD (D CO CO tD (D m � � O � O (O f0 (D O� CO CO f0 CO (O ���� O t0 (O CO C � ( D C O � LLj � � I� C O C O ( O � C O C D C O m� O m m m� �� N N �� m � m� lh �A M M M C7 �f') lf) lh � tn lf') fh M M� M M Ih � � M �� lf') M M E E E E � M M M M C7 M E E E E E E M M C7 E M M M O O O O O O O O O O O O O .. O O O O O O O � O O O � O O O �- H ll.. LL LL LL H H H F- F- H H LL LL lL LL LL ll.. H{- H LL F-- H H a0 N O O O st O'� V � CO O� (O O N a N O (O � �� N � ��� � CA O O O O�n .- M Q N O OJ C7 O c'� O O O OD Q� V tn O O O CV tn 6) O� �Y Q CO O �� CO � O � M CV CA H' O W O O O N m O O O M �A O� 1� c'> O 4 O � O) h M N M t'7 N f� � � 1`� L tD (O O O O � � CO m 00 O h- O (D CO � � � f0 � � CO � (D tfl (O � o ai ao 0 0 0 � rS ui oS o cA o ai ri ui ui ao � o ao co oi o oS �ri � v �n � �n N � V oa v v �n, �n n ao � co c� � co oV V cn O� �. �. � .... .., N O W ~ O (Q O CO M O O O M CO � L C7 � C4 O W O M O O 00 `7 N �t 00 t% O CV � <- O CD O � fM O � � � �O M 0 rNi rn rn u� °a ° °o c� � r� o co ui o� � c°.� °° `r o °a a� �o � o o � � °� � L � � �� �, v � N v :i �-' c � O O � M � o � � m l�f) N M rn � � � � � tf) .- � � � rn � ° y y �n a� a� H a�i � LL a�i U 7 � � o' � � �s E d � � � � � � � � � � N d � .O C � � a � z � �i d �O � a` E m � y 'O .N 0 m M � rn � f0 L N � U U N O m � � .�-� LL w Z � � rn rn C O c O o � .� C �. W � N N � � � � .� .� N N Q � O M O � O M o m o ri � �v � � 3 a� 3 a� y c N c � � � � � � � � � � �' Cn � � O O 0�0 r� d- CM N � rn � O N N a� � 3 � 'c � � � � � O � C� °iS `m � y L Z+ � O = � O d' CV � 0 6i � � N � N ct O (A (p lf) lV co oi �ri � v m u� c c c' > > > � � � � � � � in cn in � c� c�o c�o � � rn rn rn rn rn m � N � a � N O a J � � � �U f0 y LL � ~ a Q E � Z � C N ' rn � a C � � _ N � � C :V p ii U � � � U a � � o�j � 3 N � � � c m N o � cro � � � � a� c � Y c O V O � ~ Vi � � � Y � J C � � � N �O � c � m � � � U � � � T � � O r N 7 � � a° z � � � 0 v a� rn f0 d rn c .` � � U 7 N N � � a� 'o � d a c � LL � � � N � � �a � N � � C � .� � � i N d N �d� W � � e�a Q�� d c � ��� w a o L QC � LL R � W�' �+ ,J+ rny V � � � m C ++ O � d �y H a` � V o 0 `�' (� d � v � � a t H � V N O o 0 0 o O r+ d � � � � � � � O O O O O O � � � � � � � �.% � � � � � � CO � C� �t (D � O CO CO O O N � CO N M 1� M O O I� m� Ch � � h f� � O .- � N� a� � N� O O CO CO (O CO M M M (D CD M O �� tA ��� h f� O f� 1� O O O (O CO f0 CO � m f0 f0 CO � h '7 a �(O f0 CO CO (O N f0 CO I� � f� � � � � O CO CO � � � f� O O � � � � � � Oi� � O � m O 1� O tn �� lf') N � p�j � �� � N N lA ln tn � lf') lf5 tc7 � N lf') ln N � N M M M M� ln � M M M In � M M M M M M M M M 'cf M M M ln M E E E E E c:� ch E E E c�, E E E E E E E E E E E E E E cn E 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL LL LL LL LL H F-� LL LL lL H LL LL LL LL LL L.L LL LL LL LL LL LL LL lL H LL � O O(O O O O fD M t� I� O 00 OJ O 00 M O O(O f0 f� r' �-' O� C st O O N N O Q 00 N� oJ � O? O CO f� O a M O O� O OD � c0 O� � O O �! M O (O � OD (P M O CO O OD CV O O O � ��(O f� O tD O f0 M O OJ CO M O � CO f0 Cb � O ��� OD M O O � CO CO I� � O OD � � CO O �� Cfl O 00 CO O �� � 00 CO O 00 tn � M 00 O CA � M� 00 � N � aJ a0 � .�i N� � � N(O � f� N M� y, lf O � `.' `' � v cD L � C1 M � � L � V � i O � d � � � � � m a� � � H � � � C � d� � � N �% Gi M "�'+ � (�O a` � °' Z � i ai Qi ++ E � � N d � �O � a` � �' `o LL U � 0 0 °o cn °o °o M O O � � O O O O O O O M O O � W O _ _ _ > > > � � � m m m � � � rn rn � � -o 'n m a> O1 � a � m y aUi � 3 'o � in a 3 3 Y 3 3 c � � � O N Oi CM � O M � °r�° °o � � N � � � � h !� (O M OJ � � V N � °n°_ °o rn � N M N W � "' N � a � � v � � � � � � � v' � a�i � � � o � � N � � N � � � L � ? ? O rn o m � � �' C C f0 � .N-� E c io �� � � � H � � � � a � � � � � � d �f9 �`y � � � � O m f� fM � o fM n � O � � o M � � w � � � � c a� �� o� w � m � � _ � a' � � N N � a m U � � � � � >, � °o � O (O °o � N �f O � o° � O � �� w � � � � c d � � � « � m �. � _ � N � � m v N � .a U c 0 .� 0 � a� c � ti w 0 � a� � N d � � �L � U 7 � � � U � �O � �. � c � � � .. r � � 3 N � � cv � � N C = d .� � � � O � � N � H d � W � � t�a Q c � (�+� � 3 d �1. +' � 'C O ` QC � LL R C W�' r J v� y U � G m O � o � o �' Ha`£ () ` O '� U m �L,�,, � � v � w Q � M � LL � H H N w °o °o °o °o 0 o .� o 0 0 0 0 0 � � � � � � d o a � � � � � � o 0 0 0 0 0 � � 3 � � � � � U � Z � � � � � � � � � M � tn O � O � �� O �� CO N � N� N h f� O 1� I� � O O� O O O �� Q �� � N N N N N � �(j In lA M� M � M � M M � M M O O O O O O �- � H H H LL LL LL lL lL LL a � O tt� O �� �� � �� O O�D 0�0 O O� C~O oJ N N OMi � � N C�0 c'NO M LL O I� M V' I'� f� M M h N 1� M M ` tn 00 CQ 'q' a0 OD f0 � M ln � � � � M N � M' M O � N� N O�D 0�0 � .�.. ..- � �j .�- � L � � � U L °o u� o °a� `�° � � v °o � a°'o O1 O � CO O � a � N 00 M M Q 4 t� M N � M t� N f� M M � ` � 00 tD M �A m M � � � � co cv rn a� �n o 00 0o ao ao N V M, � v O N� N I� f� M � � N � � 1 � � �J O� N d CO N � N O M Iti ` o u� o ao r �ri � o v � � G� O� c~D O � � � N 0�0 Q�i N � O t� M N � M f� N I� O �/ � C�D N � ar � O M 0�0 C�0 � M LL m`�' V N y O � N� N M � � N eM- N � � � � �, � d m N a� a� J m � � LL > > � � � � � ~ > � > > ' > > � � � � a � c °� d w � � � � m �, � co � � _ � � � � N V G: M �� n a` � °' � Z � 0 a� m C (0 d L � U � � v � d 0 o`, a O Y U (0 m � a� i � � rn rn y a� m a � O N � a� � C � c O � U1 c `p a � W in N � �' o c� � � � � � � � � m � a; � � � � � � � � � � v � m � �U L�L C N N N m � � � rn rn N c � O ,+�_ N c� � �Z N � � _ N � � X � � � � � � � M M C G Z � � LL � � � � LL � M � Q � « F ? >, � LL .�-' � > O C � N Q a � `o � 0 0 0 � � 0 0 � 0 � 0 O O � O � N M � O LL � I� m N N � c3� 6� (O h- � �Y N (�'7 1� (P �f' C � CMO O V W t`�') N � !� tn O �t' m � N � N O h O �J � tt� d'. � �- �. � � � 3 3 �' �' �' °' c�'n in � � � � � � � � � � �s oa �s �s Qa �s � � � � � � �` �` �` �' �' �' � � � � � � � n n n � n 0 0 � � � � 0 � N v a�i N N 1�i .`-g a (n O. f0 N Z � � c? o � � � � 0 .'�'-_ �1 F• � — �s a�i � o = aZi � � � � � � U — Q? � � cn � � � � � � CG � � N d � C �L � � U 7 N N � U � �O L a � C � LL � � � 3 � � w � � N � C C � .� � � � N d H �� � W C � � Q C = (� � � d LL +r � � � ` Q� � � R � W d :+ J c� � U � � m � � o 0 y �y � a` � U 0 0 � V �� L O t� '�- � Q t N R ci � C d � � O C.> C O L LL � � � L V d � � f.i C d �a 7 m d � d 3 C ! d � N d � ,� .� � � a � Z r f.: d .o a r N � 1 z � � J � � 1..1_ W W � W � � � o O �' � � w o (/) '�n o 0 0 � °� � o 0 0 W y a LL � �j � � � �N � � �� � � � in cn H � � � fM0 � M M O m � � O O O {, � � M M NV � � m Q � N � O � � N N (D N � O � KS � � 0 e- O N N N U'7 t� O O CS (A O 04 � h CV N c'� c'!7 c0 � � h- c`') c'� O C t(i M N O ln CO N N O 00 W M M M � CT OCl O N O M O� f�7 M M (D t� c7 CO M h I� CD �- W M d CO � � � O) �l7 tn M CO M � M 00 CD � rn � r-. c� m m co �n m (O N W 01 N N tCS U7 OJ I� O N N N N CO h- .... �. d. .� `. �. N .... ... ch OD f� tn � N � O N N (O N � O � t[1 (O O N N N � h O O O � O OD O � h N N fM fM CO � � I� M M O � 1n 00 � (O N N O OD 00 M M M � � a0 O N sT � M M M t0 f� M .-� � fD M f� h f0 � � � � � � � M � � � M (O M 0�0 M t�D � CO N m 01 N N � a� 00 f� O N N N u'> � � � N M OD � � N � O O N N CO N � O � 1n Lf') O N N O N tf) f� O O O � O OD 00 � f�- N N O fM CM (O � ln 1� M M O � 1Cj � � CO N N O 00 00 M M M � � 00 O N N � M M M CO I� M r �- Cp M i� I� CO � � �F' � m M O� � tn � CO r� a�D M t�0 CO Cl� N CT � N N � 00 CO 1� O N N N 11Y � y y � �f N CM OD 00 O H � W LL y � H a� � � N � � � � � ll lL C � N � a a � � E E m � m N � N y 3 � c � i� � > > � � � 7 7 7 7 7 � 7 N N N N N N N � � � � � � � 3 3 3 �' �' �' �' fn fA fA � � � � CO M (O � � 1� � � � � � � � � �o r .- �- in � � C y � c'��i M O � M � � � � M a- � N LL � Q q R LL Z a! O w � � � � N � C N � '�7 �` � � r {L �"> W �- v e- C V �tva V3 � 0 � O W � ° � � � � 3 v � o oNC LL � n m ~ @ O Q O N �' d 1W-� y �- � W U � � aai LL w � p_ .tVO tn �, a W y LL U I� � LL � � m � () LL c � � fA � 7 N M M � � � O � O � c J � � F- � � 3 ~ @ ~ �s � `� � � � z � o °o a LL °� � E H ii � F � z 0 o F- U ' a 'o u� � m '� � O � � V y f0 f0 p � � v ~ � � U u � � � � � 0 � m rn N d rn c .` � w U � � � � U N �O � � � C � � � »� � 3 N � � co � �3 ° ����` �_ � Tracking Number: 439 City Commission A enda Cover Memorandum �1 Subject / Recommendation: Actual Date: Approve an interlocal agreement with the Clearwater Community Redevelopment Agency (CRA) requiring the City to purchase 100 parking spaces from Station Square LLC for $12,500 each for a total of $1,250,000 for public use, and the construction of defined infrastructure improvements related to Cleveland Street and Station Square Park; authorize payment of $1,250,000 to Station Square LLC for the purchase of 100 parking spaces; authorize the establishment of a capital improvement project (Station Square Parking Garage) at midyear in the amount of $1.3 million, funding to be provided from the City's Special Development Fund from funds collected and earmarked specifically for downtown parking. Summarv: On ]uly 14, 2003, the Clearwater Community Redevelopment Agency, after a competitive proposal process, selected the Station Square LLC development corporation as the selected entity to negotiate for the redevelopment of property known as the Station Square Parking Lot. As a component of the proposal, Station Square LLC also provided additional property for the proposed project known as the Cassano property (immediately east of the Post Office and adjacent to the Station Square Parking Lot). The total project site being proposed would total .97 acres. The proposed project will contain a maximum of 146 residential condominiums, 15,000 square feet of restaurant/retail space and 326 parking spaces, of which, 100 will be public parking. The Developer will pay fair market value for the Station Square Parking Lot property, which is $720,000. The CRA will hold a mortgage with a 4% interest rate on the property until the developer obtains financing at which time the developer will pay the CRA $720,000 plus accrued interest. The Developer agrees to sell back 100 parking spaces, which will be made available to the public. Through the attached interlocal agreement between the City and the CRA, the City will assume the responsibility to purchase these spaces for $12,500 per space for a total of $1,250,000. Staff estimates that $50,000 will be needed for construction oversite regarding the public parking garage spaces, bringing the required funding to $1.3 million. A CIP project will be established at midyear with $1.3 million of funds available in the Special Development Fund which were collected and earmarked specifically for downtown parking. The interlocal agreement also requires the construction of defined infrastructure improvements related to Cleveland Street and Station Square Park. Currently $3.7 million has been budgeted for this project from Penny for Pinellas with additional funding to be allocated from CRA funds. The Developer will be allowed to use Station Square Park as a construction staging area prior to the redevelopment of the park. On January 20, 2004, the Community Development Board reviewed the site plan and unanimously approved the project. Oriainatinct: Economic Development and Housing Section: Consent Agenda Category_ Agreements/Contracts - with cost Public Hearin4: No � M City Commission � ���� � � � A�enda Cover Memorandum Financial Information: 'fvpe: Capital Expenditure Bid Required? No Bid Exceptions: Other Other Contract? RFP/Q Selected Entity In Current Year Budget? No Budget Adjustment: Yes Budget Adjustment Comments: A CIP project will be established at midyear with $1.3 million of funds available in the Special Development Fund which were collected and earmarked specifically for downtown parking. Total Cost: $1,300,000.00 Not to Exceed: $1,300,000.00 Aqpropriation Code(s) Amount Comments $1,300,000.00 CIP Project Fund - Station Square Parking Garage Review Approval Reainald Owens Maraie Simmons Bill Horne Tina Wilson Cvndie Goudeau i 02-10-2004 10:07:15 02-11-2004 10:28:32 02-12-2004 20:44:18 02-10-2004 12:58:46 02-11-2004 16:05:42 Pam Akin 02-10-2004 13:22:24 Ralph Stone 02-11-2004 14:44:08 � � >�,�� .2 a�f � To: Mayor and Commissioners From: Cyndie Goudeau, City Cler � CC: Bill Horne, City Manager; Kevin Dunbar, Margo Walbot, Cultural Affairs Manager Date: RE: February 11, 2004 Sister City Advisory Board LL 0 � ��rwa er U Interoffice Correspondence Sheet Parks and Recreation Director; When appointing the Sister City Advisory Board, I failed to request the terms be staggered "so that no more than 3 terms expire in any one year" as required. I recommend the following: 4-year terms, expiring 12/31/07 Linda Damsky - World Language Cooridnator Robert A. Friedman — Clearwater Arts Foundation Richard Wisemiller — Clearwater Sister Cities 3-year terms, expiring 12/31/06 C.E. Snedeker — Local Business Vice-Mayor Hoyt Hamilton — City Commission I will place this on the agenda for the February 19th meeting. The City Commission representative will be reviewed in April, along with other Commission appointments. If you have any questions, please let me know. �/JL�J � ��y ���� � �,� � �� �° �°�` :' �.� . ������ _. Trackinq Number: 421 City Co m m ission Agenda Cover Memorandum Actual Date: 02/19/2004 C � .1. Subject / Recommendation: Authorize the City Attorney to hire Thompson Sizemore & Gonzalez as outside counsel to represent the City in the case of Cynthia Jones v. City Of Clearwater and the Clearwater Pofice Department in the total estimated amount of $50,000. Summarv: On February 27, 2003, the City of Clearwater was served with a lawsuit alleging negligence and violation of due process against Ms. Jones. This case is connected to the lawsuit of ]ames E. Mehr, Jr. and Anthony J. Pearn v. City of Clearwater, which has recently been settled, in which Thompson Sizemore & Gonzalez represented the City. This case is currently assigned to Assistant City Attorney Paul Richard Hull. It is currently in the discovery stage, and mediation has been set for April 21, 2004. Because Thompson, Sizemore & Gonzalez represented the City in the related case, they have already conducted much of the discovery that will be necessary for this case. Therefore, it would be in the City's best interest to assign the remainder of this case to Thompson Sizemore & Gonzalez. The funding of $50,000 will come out of the City Attorney's Professional Services budget. Originatinq: City Attorney Section Consent Agenda Cateqory: Agreements/Contracts - with cost User Department: Budget Office Number of electronic documents attached: 0 Public Hearinq: No Finanrial Information: Tvpe: Operating Expenditure Bid Required? No Bid Exce�tions: Sole Source In Current Year Budget? Yes � City Co m m issio n �������� ; 4�����'�,�.���� Agenda Cover Memorandum r �-, � �,=�y�. w� � Budget Adjustment: No Current Year Cost: $50,000.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $50,000.00 Appropriation Code(s) 010-09600-530100-514-000 Review Approval P�m Akin Tina Wilson Amount Comments $ 50,000. 00 02-02-2004 13:38:17 02-02-2004 13:43:42 Cvndie Goudeau 02-05-2004 11:47:28 - �,. � ���*d�i°�t�� ��.���,;^� .��,� ;;� �F : � .���;� Trackinq Number: 392 City Commission Agenda Cover Memorandum Actual Date: 02/19/2004 Sub,ject / Recommendation: Pass Ordinance 7255-04 on first reading to approve the Amendment to the City of Clearwater Money Pension Purchase Plan document. i � � � �-- Summarv: The City 401A Money Purchase Pension Plan (°MPPP") must be amended to reflect changes to the regulations that govern the amount of plan benefits to be distributed to participants. This Amendment of the Plan reflects the Final Treasury Regulations under the Internal Revenue Code Section 401(A)(9) on required minimum distributions. In general, these regulations govern the amount of benefits that must be distributed to participants attaining their "Required Beginning Date" on or after January 1, 2003. The "Required Beginning Date" is defined in the MPPP as the latter of (1) the year following the calendar year in which the participant retires or (2) the year following the calendar year in which the Participant attains age 70'/z. Originating: Human Resources Section Other items on City Manager Reports Cateaorv: Code Amendments - All User Department: Budget Office Number of electronic documents attached: 0 Public Hearina: No Fina ncial I nfor m ation: TYpe: Other Bid Required? No Bid Exceptions: Impractical to Bid Review Approval Leslie Douaall-Sides Garrv Brumback Leslie Douaall-Sides Rill Hnrne 01-22-2004 10:45:15 02-05-2004 16:56:27 02-02-2004 12:01:00 02-09-2004 15:09:36 Cvndie Goudeau 02-09-2004 15:25:56 ORDINANCE N0.7255-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN; AMENDING THE CODE OF ORDINANCES, AND ARTICLE VII OF THE MONEY PURCHASE PENSION PLAN DOCUMENT TO COMPLY WITH THE MINIMUM REQUIRED DISTRIBUTION REGULATIONS UNDER 1NTERNAL REVENUE CODE SECTION 401(A)(9); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater ("City") has established the City of Clearwater Money Purchase Pension Plan ("Plan"), as subsequently amended; and WHEREAS, the City is granted authority to amend the Plan; and WHEREAS, the City has determined that it is the best interests of participants to further amend the Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Code of Ordinances is hereby amended in accordance with the Third Amendment to the First Restatement of the Plan, attached hereto as E�ibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: CITY OF CLEARWATER, FLORIDA By: By: Pamela Akin, City Attorney Brian J. Aungst, Mayor - Commissioner Attest: : Cynthia E. Goudeau, City Clerk THIItD AMENDMENT TO THE FIRST RESTATEMENT of CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN FOR FINAL MINIMUM DISTRIBUTION REGULATIONS This Amendment to the City of Clearwater Money Purchase Pension Plan ("Plan"), is hereby adopted by the City of Clearwater ("City") on the date indicated below, but is effective for all purposes as of January 1, 2003. WIT'NESSETH: WHEREAS, the City adopted the Plan for the exclusive benefit of Plan participants and beneficiaries; and WHEREAS, the City reserved the right to amend the Plan; and WHEREAS, a Plan amendment is necessary to retain the tax qualified treatment of Plan assets; and WHEREAS, such an amendment is in the best interests of participants and beneficiaries; and WHEREAS, this Amendment of the Plan is adopted to reflect the Final Treasury Regulations under Internal Revenue Code ("IRC") Section 401(a)(9) on required minimum distributions; and WHEREAS, this Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. NOW THEREFORE, the Plan shall be amended by this Amendment in the following respects only: ITEM l: The following regarding Minimum Distribution Requirements, is added at the end of Article VIL• 1 General Rules. 1.1 Effective Date. The provisions of this Amendment will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. 1.2 Coordination with Minimum Distribution Requirements Previously in Effect. If this Amendment is effective earlier than calendar years beginning with the 2003 calendar year, required minimum distributions for 2002 under this Amendment will be determined as follows. If the total amount of 2002 required minimum distributions under the Plan made to the distributee priar to the effective date of this Amendment equals or exceeds the required minimum distributions determined under this Amendment, then no additional distributions will be required to be made for 2002 on or after such date to the distributee. If the total amount of 2002 required minimum distributions under the Plan made to the distributee prior to the effective date of this Amendment is less than the amount determined under this Amendment, then required minimum distributions for 2002 on and after such date will be determined so that the total amount of required minimum distributions for 2002 made to the distributee will be the amount determined under this Amendment. 1.3 Precedence. The requirements of this Amendment will take precedence over any inconsistent provisions of the Plan. 1.4 Requirements of Treasury Regulations Incorporcrted. All distributions required under this Amendment will be determined and made in accordance with the Treasury Regulations under IRC Section 401(a)(9). 1.5 TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Amendment, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to TEFRA Section 242(b)(2). 2 Time and Manner of Distrzbution. 2.1 Required Beginning Dcrte. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. 2.2 Dea2h of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (a) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then, except as provided in Section 2.2(e), distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70-1/2, if later. (b) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, except as provided in Section 2.2(e), distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (c) If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be 2 distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (d) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 2.2, other than Section 2.2(a), will apply as if the surviving spouse were the Participant. (e) Participants or Beneficiaries may elect on an individual basis whether the 5- year rule or the life expectancy rule in Sections 2.2 and 4.2 of this Amendment applies to distributions after the death of a Participant who has a designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under Section 2.2 of this Amendment, or by September 30 of the calendar year which contains the fifth anniversary of the Participant's (or, if applicable, surviving spouse's) death. If neither the Participant nor Beneficiary makes an election under this paragraph, distributions will be made in accordance with Sections 2.2 and 4.2 of this Amendment. For purposes of this Section 2.2 and Section 4, unless Section 2.2(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section 2.2(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 2.2(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant befare the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 2.2(a)), the date distributions are considered to begin is the date distributions actually commence. 2.3 Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company ar in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 3 and 4 of this Amendment. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of IRC Section 401(a)(9) and the Treasury Regulations. 3 Required Minimum Dist�ibutions During Participant's Lifetime. 3.1 Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of (a) the quotient obtained by dividing the Participant's account balance by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulations Section 1.401(a)(9)-9, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (b) if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forth in Treasury Regulations Section 1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. 3.2 Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 3 beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. 4 Required Minimum Distributions AfterParticipant's Dec�zh. 4.1 Decrth On orAfterDate Dist�ibutions Begin. (a) Participant Survived by Designated Beneficiary. If the Participant dies on ar after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary, determined as follows: (1) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (3) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. � (b) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. 4.2 Dea2h Before Date Distributions Begin. (a) Participant Survived by Designated Beneficiary. Except as provided in Section 2.2(e), if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 4.1. (b) No Designated Beneficiary. If the Participant dies befare the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (c) Death of Surviving Spouse Befare Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 2.2(a), this Section 4.2 will apply as if the surviving spouse were the Participant. 5 Definitions. 5.1 Designa2ed Beneficiary. The individual who is designated as the Beneficiary under the Plan and is the designated Beneficiary under IRC Section 401(a)(9) and Treasury Regulations Section 1.401(a)(9)-1, Q&A-4. 5.2 Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 2.2. The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. 5.3 Life expectcmcy. Life expectancy as computed by use of the Single Life Table in Treasury Regulations Section 1.401(a)(9)-9. 5.4 Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. 5.5 Required beginning date. The date specified in the Plan. ITEM 2: This Amendment shall be effective as of January 1, 2003. IN WITNESS WHEREOF, the parties have executed this amendment this of , 2003. Approved as to form: : Pamela Akin, City Attorney \388024\2 - # 613479 v I � CITY OF CLEARWATER, FLORIDA : day Brian J. Aungst, Mayor - Commissioner Attest: By: Cynthia E. Goudeau, City Clerk a� � City Commission � �� ���� � m R- � � `� " �` A enda Cover Memorandum ,.,:� , � �: , ....N�.v, ,��, , =_�K �_�,�z� ,,� , �,,. ,, _ ,��yv _ � �_ �� � Tracking Number: 420 Subject / Recommendation: Actual Date: Adopt Resolution 04-05 accepting Florida Department of Transportation (FDOT) Supplemental Agreement #6, increasing funding by $180,000.00 in an existing Joint Participation Agreement (JPA) at Clearwater Airpark. Summarv: The FDOT has agreed to provide additional funding in the amount of $180,000.00 for extending sewer and water utilities to the aircraft hangar being constructed. The FDOT will fund $144,000.00 of the additional $180,000.00, and the City will fund $36,000.00. The total project cost is now $1,698,500.00. The total funding provided by the FDOT for this ]PA will now be $1,362,800.00 (80%); the total City contribution for the project $335,700.00 (20%). A first quarter budget amendment will provide the transfer of $36,000.00 from Capital Improvement Project #93493 (Marina Restroom Renovations), which is complete and is being closed. Originating: Marine and Aviation Section: Other items on City Manager Reports Categor� Agreements/Contracts - with cost User Department: Budget Office Number of electronic documents attached: 1 Public Hearinq: No Financial Information: Type: Capital Expenditure Bid Required? No Bid Exceptions: Other Government Bid Other Contract? AI076 In Current Year Budget? Yes Budget Adjustment: Yes � City Commission � ���� � -� A enda Cover Memorandum , E,� . _ ,� � _� � �s , v, ,� : �,,,. . m „��� �v. , : ,_,�.� .� � , ,:: . _ �„��. , �,�� ,�.. . , o„���. _ Budget Adiustment Comments: Now have more exact engineering estimated cost. Current Year Cost: $36,000.00 Annual Operating Cost: $0.00 For Fiscal Year: 10/O1/2003 to 09/30/2004 Total Cost: $36,000.00 Not to Exceed : $36,000.00 Review A�proval Tina Wilson Cvndie Goudeau Brvan Ruff Bill Horne Garry Brumback 01-27-2004 08:24:19 02-09-2004 15:31:42 02-04-2004 10:28:33 02-12-2004 20:49:34 02-09-2004 15:24:42 RESOLUTION NO. 04-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING SUPPLEMENTAL AGREEMENT #6 TO INCREASE FUNDING BY $180,000.00 IN AN EXISTING JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR EXTENDED SEWER AND WATER UTILITIES TO THE AIRCRAFT HANGAR BEING CONSTRUCTED UNDER THIS CONTRACT AT CLEARWATER AIRPARK WHICH NOW HAS A MORE EXACT ENGINEERING ESTIMATED COST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide additional funding under Joint Participation Agreement FM No. 40300619401, Contract No. A1076, a copy of which is attached hereto as Exhibit "A": now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City Commission hereby accepts and approves Supplement #6 to the Joint Participation Agreement between the City and the State of Florida Department of Transportation, FM No. 40300619401, Contract No. A1076 to include an additional $180,000.00 in funding in the existing JPA for extended sewer and water utilities to the aircraft hangar being constructed under this contract at Clearwater Airpark which now has a more exact engineering estimated cost. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2004. Approved as to form: Bryan D. Ruff Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution No. 04-05